A. Purpose. The site standards for tower facilities set forth in this section are to ensure site construction and development in a manner which will result in an appearance compatible with permitted uses in the zoning district and to protect adjacent property from safety hazards such as tower failure or falling ice.
B. Site Size and Tower Setbacks.
1 Conditional use status shall not be granted to towers unless the tower is located so that there is sufficient radius of clear land around the tower so that its collapse shall be completely contained on the property, subject to the following. Except as provided in subsection 2., below, if an applicant provides the Village with engineering certification showing that the tower is designed to collapse within a smaller area than the radius equal to the height of the tower, the smaller area shall be used unless the Village has and provides to the applicant substantial evidence that the engineering certification is flawed.
2. Any tower that is constructed on or adjacent to a parcel of land on which single-family residential use is permitted shall be setback from every lot line of a parcel for which single-family residential use is permitted by a distance that equals or exceeds the height of the tower.
C. Guy setback.
1. For a guyed structure, the site shall be of a size and shape sufficient to provide an adequate setback from a guy anchor to any property line abutting a residential district, public property or public street.
2. A site with a guyed structure shall provide:
a. A setback of at least 25 feet between a guy anchor and any property line abutting a residential district, public property or street; and
b. A setback equal to or exceeding the rear yard setback required for the adjoining property where the adjoining property is not a public property or street, nor in a residential district.
3. A guy anchor may be located on an adjoining property when:
a. Written authorization from the adjoining property owner is provided at the time of application for conditional use approval; and
b. The guy anchor meets the requirements of subsection 2., above, as to all other adjoining property lines.
D. Setbacks for Accessory Uses. Setbacks for all accessory structures and uses shall be at least as great as the required yards of the underlying zone for accessory structures. Accessory structures shall be limited to 15 feet in height.
E. Tower Appearance and Illumination.
1. For towers not regulated by the Wisconsin Department of Transportation Bureau of Aeronautics or the Federal Aviation Administration, a surface paint or finish shall be used that reduces the visibility of the tower.
2. Facility structures and equipment, including supporting structures, shall be located, designed and screened to blend with the existing natural or built surroundings so as to reduce visual impacts.
F. Landscaping. Landscaping of the site which abuts or is visible from streets, residences, public parks or areas with access to the general public other than the owner of the adjoining property, in order to mitigate the aesthetic and visual impacts of the tower, is suggested but not required.
G. Site development, Roads and Parking.
1. A minimum of one parking space shall be provided on each site. On sites with personnel routinely in attendance, additional parking spaces may be required by the Plan Commission.
2. All sites must be served by a minimum 30-foot wide easement with a turnaround. The Plan Commission may modify the easement and turnaround requirement. All sites shall use existing access points and roads whenever possible.
H. Use of existing structures. A tower or antenna may locate on an existing alternative support structure such as a clock tower, steeple, silo, light pole, building, water tower or similar structure provided that towers located on roofs shall not occupy more than 50 percent of the roof surface of a building and shall be secured from the remaining area to prevent unauthorized access. The towers and antenna(s) shall be painted or otherwise treated to match the exterior of the structure.
I. Compatibility.
1. Compatible with adjacent land. The uses, values and enjoyment of other Village property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use.
2. Welfare. The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
3. Not impede surrounding property development and improvement. The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding Village property for uses permitted in the district.
J. Aesthetic requirements. All towers shall comply with the following aesthetic standards:
1. Towers shall be a monopole design, except as follows. The Plan Commission may require a stealth design to minimize the adverse aesthetic impact in particular locations when the Plan Commission finds it is necessary to do so to ensure compliance with the standards of this ordinance. The Plan Commission may allow an alternative design preferred by an applicant on a case by case basis upon finding that the standards of this ordinance can be met with the alternative design and there are no substantial adverse aesthetic impacts of doing so in the location and height proposed.
2. In areas where facilities are currently nonexistent or underground, undergrounding of transmission lines related to the tower is required.
3. No new above ground structures, including co-locations on existing structures, shall be placed within 500 feet of structures recognized as historic by the State of Wisconsin or the U.S. Department of the Interior. The 500-foot separation is waived for installations that are completely concealed from view, or are not visible from locations where the historic structure can be observed.
4. Attachments to existing structures shall be designed to be flush with the existing structure as much as can reasonably be done, shall be a color that matches the existing structure and shall be the smallest size possible to reasonably accommodate the intended purpose. If the structure to which the attachment is made changes color due to repainting, resurfacing or other means, the attachment shall be modified to match the new color.
5. Any party objecting to the requirements of this subsection 35-151 J. shall have an opportunity to demonstrate that the requirement constitutes an effective prohibition in violation of state or federal law, upon application to the Village Board, and the Village Board shall waive the requirement if it finds the standard to effectively prohibit the expansion of wireless technology in the Village or otherwise violates state or federal law.
(Ord. 2021-1, passed 7-13-2021)