A.
Permit required. No owner shall, within the Village,
build, construct, use or place any type of satellite earth station,
as defined in § 62.23(7)(he), until a permit shall have
first been obtained from the Village Building Inspector.[1]
B.
OWNER
SATELLITE EARTH STATION
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The holder of record of an estate in possession in fee simple
or for life in land or real property, or a vendee of record under
a land contract for the sale of an estate in possession in fee simple
or for life, but does not include the vendor under a land contract.
A tenant in common or joint tenant shall be considered such owner
to the extent of his interest. The personal representative of at least
one owner shall be considered an owner.
A dish-shaped antenna designed to receive television broadcasts
relayed by microwave signals from earth-orbiting communication satellites.
C.
Application. Application for a satellite earth station
permit shall be made in writing to the Village Building Inspector.
With such application there shall be submitted a fee as set by the
Village Board and a complete set of plans and specifications, including
a plot plan showing the location of the proposed satellite earth station
with respect to adjoining alleys, lot lines, and buildings. Such application
shall be considered and acted upon by the Village Building Inspector.
The Village Building Inspector shall act on all such applications
within a period of 10 days.[2]
D.
Installation restrictions. satellite earth stations
installed in any zoning district within the Village shall comply with
the following provisions:
(1)
Number of units. Not more than one satellite earth
station may be allowed per individual recorded lot, except additional
stations may be permitted upon application for a variance in nonresidential
zones.
(2)
Location and setbacks. Satellite earth stations shall
be allowed only in rear and side yard. However, satellite stations
in side yards may not be any closer to the streetline than the established
setback of the principal building or structure. Side and rear yard
setback shall be the same as for an accessory structure within the
respective zoning district, but not less than the total vertical height
of the satellite earth station.[3]
(3)
Mounting. Satellite earth stations located in agricultural
or residential areas shall be ground mounted only. Satellite earth
stations may be wall or roof mounted in business or industrial areas
only with the permission of the Village Board. Satellite earth stations
attached to the wall or roof of any principal or accessory structure
shall be subject to the structure being constructed to carry all imposed
loading. The Village may require engineering calculations.
(4)
Diameter. Satellite earth stations shall not exceed
12 feet in diameter except for stations used to provide community
antenna television services.
(5)
Height. In residential and agricultural districts,
no satellite earth station shall exceed the height of 16 feet above
the ground measured at grade level.
(6)
Wind pressure. All satellite earth stations shall
be permanently mounted in accordance with the manufacturer's specifications
for installation. All such installations shall meet a minimum wind
load design velocity of 80 mph.
(7)
Electrical installations. Electrical installations
in connection with satellite earth receiving stations, including grounding
of the system, shall be in accordance with the National Electrical
Safety Code, Wisconsin State Electrical Code and the instructions
of the manufacturer; in cases of conflict, the stricter requirements
shall govern. All cable used to conduct current or signals from the
satellite earth station to the receivers shall be installed underground
unless installation site conditions preclude underground installation.
If a satellite earth station is to be used by two or more residential
property owners, all interconnecting electrical connections, cables
and conduits must also be buried. The location of all such underground
lines, cables and conduits shall be shown on the application for permit.
All satellite earth stations shall be grounded against direct lightning
strikes.
(8)
Temporary placement. No portable or trailer-mounted
satellite earth station shall be allowed, except for temporary installation
for on-site testing and demonstration purposes for periods not exceeding
five days.
(9)
Advertising. No form of advertising or identification
is allowed on the dish or framework other than the customary manufacturer's
identification plates.
(10)
Interference with broadcasting. Satellite earth
stations shall be filtered and/or shielded so as to prevent the emission
or reflection of any electromagnetic radiation that would cause any
harmful interference with the radio and/or television broadcasting
or reception on adjacent properties. In the event that harmful interference
is caused subsequent to its installation, the owner of the satellite
earth station shall promptly take steps to eliminate the harmful interference
in accordance with Federal Communications Commission regulations.
(11)
Compliance with federal regulations. The installation
and use of every satellite earth station shall be in conformity with
the Federal Cable Communications Policy Act of 1984 and regulations
adopted thereunder.
E.
Variances. Requests for variances from the standards
established by this section may be made to the Zoning Board of Appeals.
A.
Purpose. This section regulating the placement of signal-receiving
antennas is adopted to:
(1)
Provide uniform regulation of all signal-receiving antenna devices;
(2)
Secure placement of such antennas in an aesthetically sensitive manner
while allowing users reasonable reception of signals;
(3)
Protect the public from injury from antennas that are inadequately
mounted, unduly susceptible to wind pressure, improperly installed
and wired, or are placed on structures insufficiently designed or
constructed to safely support the antenna; and
(4)
Provide for placement of such antennas in locations that preserve
access to rear property areas by fire-fighting apparatus and emergency
personnel.
(5)
Reduce potential contact and conflicts between antennas and utility
lines both above and below grade level; and
(6)
Minimize obstruction to visibility around streets, sidewalks and
driveways.
B.
Permit required. No owner shall, within the Village of Cambria, build,
construct, use or place any type of signal-receiving antenna until
a permit shall have first been obtained from the Building Inspector.
C.
OWNER
SIGNAL-RECEIVING ANTENNA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The holder of record of an estate in possession in fee simple
or for life in land or real property, or a vendee of record under
a land contract for the sale of an estate in possession in fee simple
or for life, but does not include the vendor under a land contract.
A tenant in common or joint tenant shall be considered such owner
to the extent of his interest. The personal representative of at least
one owner shall be considered an owner.
Any apparatus capable of receiving communications from a
transmitter or a transmitter relay located in a planetary orbit. This
definition includes all types of signal-receiving antennas, including,
without limitation, parabolic antennas, home earth stations, satellite
television disks, UHF and VHF television antennas, and AM, FM, ham-
and short-wave radio antennas, regardless of the method of mounting.
Small diameter (twenty-four-inch or less) television dish antennas
are exempt from the permit requirements of this section.
D.
Application. Application for a signal-receiving antenna permit shall
be made in writing to the Building Inspector. With such application,
there shall be submitted a fee as determined by the Village Board
and a sufficient set of mounting plans and specifications, including
a general plot plan showing the location of the proposed signal-receiving
antenna with respect to streets, lot lines and buildings.
(1)
Prior to the issuance of a permit for the installation of a satellite
television antenna, all owners of property adjoining that of the applicant
shall be notified of the application together with copies of any plans
or other material filed with the application as deemed appropriate.
Each property owner shall have 10 days to object to the installation
of said antenna.
E.
Installation standards. Signal-receiving antennas installed in any
zoning district within the Village shall comply with the following
provisions:
(1)
Setbacks.
(a)
Any signal-receiving antenna and its mounting post shall be
located a minimum of 15 feet from any property line.
(b)
Subject to the provisions herein, signal-receiving antennas
shall only be located in the rear yard of any lot. If reasonable reception
of signals is not possible with a rear yard placement due to the physical
characteristics of the lot and area, the signal-receiving antenna
shall be placed in the side yard of the lot. In the event that reasonable
reception of signals is not possible by locating the signal-receiving
antenna on the rear or side yard of the property, such antenna may
be placed in the front yard or on the roof of structures on the property.
For corner lots, a side yard is only a yard that does not face a street.
(c)
If side yard, front yard or roof mounting is requested, the
Building Inspector shall determine where reasonable reception is possible,
based on evidence provided by the person seeking to erect or construct
the antenna.
(2)
Mounting. Signal-receiving antennas attached to the wall or roof
of any principal or accessory structure shall be permitted only if
the structure is properly constructed to carry all imposed loading
and complies with applicable state and local building code requirements.
The Building Inspector may require engineering calculations.
(3)
Diameter. The diameter of signal-receiving antenna shall not exceed
10 feet (and six feet for a roof-mounted antenna), except for systems
used to provide community antenna television services. Dish-type antennas
larger than five feet in diameter shall be of an open mesh design.
(4)
Height.
(a)
A ground-mounted signal-receiving antenna, including any platform
or structure upon which said antenna is mounted or affixed, may not
exceed 10 feet in height, as measured from the ground to the highest
point of the antenna.
(b)
A roof-mounted antenna may not exceed eight feet in height above
the surrounding roofline as measured from the lowest point of the
existing roofline.
(5)
Wind pressure. All signal-receiving antennas shall be permanently
mounted in accordance with the manufacturer's specifications for installation.
All such installations shall meet a minimum wind load design velocity
of 80 mph.
(6)
Electrical installations. Electrical installations in connection
with signal-receiving antennas, including grounding of the system,
shall be in accordance with the National Electrical Safety Code, Wisconsin
State Electrical Code and the instructions of the manufacturer. In
cases of conflict, the stricter requirements shall govern. All cable
used to conduct current or signals from the signal-receiving antenna
to the receivers shall be installed underground unless installation
site conditions preclude underground installation. If a signal-receiving
antenna is to be used by two or more residential property owners,
all interconnecting electrical connections, cables and conduits must
also be buried. The location of all such underground lines, cables
and conduits shall be shown on the application for a permit. All signal-receiving
antennas shall be grounded against direct lightning strikes.
(7)
Temporary placement. No portable or trailer-mounted signal-receiving
antenna shall be allowed, except for temporary installation for on-site
testing and demonstration purposes for periods not exceeding five
days. However, such trial placement shall be in accordance with all
provisions of this section. Failure to comply shall result in a citation
being issued for violation of this section. Any person making such
temporary placement shall first give written notice to the Building
Inspector of the date when such placement shall begin and end.
(8)
Advertising. No form of advertising or identification, sign or mural
is allowed on the signal-receiving antenna other than the customary
manufacturer's identification plates.
(9)
Interference with broadcasting. Signal-receiving antennas shall be
filtered and/or shielded so as to prevent the emission or reflection
of an electromagnetic radiation that would cause any harmful interference
with the radio and/or television broadcasting or reception on adjacent
properties. In the event that harmful interference is caused subsequent
to its installation, the owner of the signal-receiving antenna shall
promptly take steps to eliminate the harmful interference in accordance
with Federal Communications Commission regulations.
(10)
Compliance with federal regulations. The installation and use
of every signal-receiving antenna shall be in conformity with the
Federal Cable Communications Policy Act of 1984 and regulations adopted
thereunder.
(11)
Aesthetic considerations. Signal-receiving antennas shall be
located and designed to reasonably reduce visual impact from surrounding
properties at street level.
(12)
Color. The color of any satellite dish shall be such that it
blends into its surroundings and shall be approved by the Building
Inspector as part of the application.
F.
Variances. Requests for variances from the standards established
by this section may be made to the Village Board.
G.
Enforcement.
(1)
It shall be unlawful to construct, use, build or locate any signal-receiving
antenna in violation of any provisions of this section. In the event
of any violation, the Building Inspector, Village Board or any property
owner who would be specifically damaged by such violation may institute
appropriate action or proceedings to enjoin violation of this section.
[Added 5-3-2010 by Ord. No. 10-02; amended 5-3-2010 by Ord. No.
10-03]
A.
Purpose. The purpose of the regulations and requirements of this
section are to:
(1)
Accommodate the communications needs of residents and businesses
while protecting the public health, safety and general welfare;
(2)
Facilitate the provision of wireless communications services to the
residents and businesses of the Village;
(3)
Minimize the adverse visual effects of wireless communications facilities
through careful siting and design standards;
(4)
Avoid potential damage to adjacent properties from the construction
and operation of wireless communications facilities through structural
standards and setback requirements;
(5)
Maximize the use of existing and approved towers, buildings or structures
to accommodate new wireless communications antennas to reduce the
number of towers needed to serve the community.
B.
ANTENNA
COLLOCATION
FAA
FCC
HEIGHT
HIGH-POWER TRANSMISSION LINE
TOWER
TOWER ACCESSORY STRUCTURE
WIRELESS COMMUNICATIONS
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Any device or equipment used for the transmission or reception
of electromagnetic waves, which may include an omnidirectional antenna
(rod), a directional antenna (panel) or a parabolic antenna (disc).
The location of more than one antenna or set of antennas
on the same tower structure.
The Federal Aviation Administration.
The Federal Communications Commission.
The distance measured from ground level to the highest point
on a tower or structure, including any antenna.
An electric transmission line of 69 kilovolts or greater
with towers at least 75 feet in height.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas, including guy
towers, monopole towers and self-supporting lattice towers.
Any structure located at the base of a tower for housing
base receiving or transmitting equipment.
Any personal wireless services as defined in various telecommunications
acts, including the Telecommunications Act that of 1996,[1] including FCC-licensed commercial wireless telecommunications
services such as cellular, personal communications services (PCS),
specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR), paging and similar services that currently exist or may be
developed.
[1]
Editor's Note: See 47 U.S.C. § 332.
C.
Applicability.
(1)
Preexisting towers and antennas. Any tower or antenna for which a permit has been issued prior to January 1, 2010, shall not be required to meet the requirements of this section except those specified in § 485-95A, B, and F. Any addition or change to a preexisting tower or antenna shall comply with all requirements of this section.
(2)
District height limitations. The requirements set forth in this section
shall govern the design and siting of towers and antennas that exceed
the height limitations specified for each zoning district.
D.
General requirements. The general requirements for towers and antennas
are as follows:
(1)
All towers and antennas shall comply with all FCC and FAA rules and
regulations.
(2)
Design and installation of all towers and antennas shall comply with
the manufacturer's specifications. Plans shall be approved and certified
by a registered professional engineer.
(3)
Installation of all towers and antennas shall comply with all applicable
state and local building and electrical codes.
(4)
For leased sites, written authorization for siting the wireless communications
facilities from the property owner must be provided.
(5)
All towers and antennas must be adequately insured for injury and
property damage.
(6)
All unused towers and antennas must be removed within 12 months of
cessation of operation or use, unless the Village Board provides a
written exemption. After the facilities are removed, the site shall
be restored to its original or an improved condition. Failure to do
so will result in the Village completing the removal and site restoration
with the cost assessed against the property as a special assessment
for real estate tax purposes.
(7)
When applicable, proposals to erect new towers and antennas shall
be accompanied by any required federal, state or local agency licenses
or applications for such licenses.
(8)
Generally, only one tower is permitted on a parcel of land. Additional
towers may be permitted with a special exception permit if the additional
tower is located within 100 feet of the existing tower and all other
requirements of this section are met.
(9)
The monopole design is the preferred tower structure. Use of guy
or lattice towers must be justified on the basis of collocation opportunities
or specific structural requirements. The Village Board must first
approve all plans for such towers.
E.
Prohibitions. Prohibitions are as follows:
(1)
No tower shall be more than 300 feet in height.
(2)
No tower or antenna may be installed on a parcel within or bordering
a major subdivision consisting of five or more lots created for residential
purposes.
(3)
No advertising message or sign shall be affixed to any tower or antenna.
(4)
Towers and antennas shall not be artificially illuminated unless
required by FCC or FAA regulations.
(5)
No part of any tower or antenna shall extend across or over any right-of-way,
public street, highway, sidewalk, or property line.
(6)
No temporary mobile communications sites are permitted except during
construction of a new facility and in the case of equipment failure,
equipment testing, or in the case of an emergency situation authorized
by the Village President. Use of temporary mobile communications sites
for testing purposes shall be limited to 24 hours, and the use of
temporary mobile communications sites for equipment failure, or in
the case of emergency situations, shall be limited to 30 days, unless
extended in writing by the Village Board.
F.
District requirements. Wireless communications facilities are regulated
according to the zoning district in which the property is located.
They must meet all requirements of the Village other than the standards
provided in this section. The following are the use standards for
the various districts:
(1)
Commercial and industrial districts.
(a)
The following are permitted with a building permit, zoning permit,
and a permit issued by the Village Board:
[1]
Antennas attached to an existing tower or structure and not
extending more than 20 feet above the highest point of the tower or
structure.
[2]
A tower within the easement area of a high-power transmission
line or within 50 feet of the transmission line easement on the same
side of the road up to a maximum height of 200 feet.
[3]
Antennas attached to an existing tower or structure extending
more than 20 feet above the highest point of the tower or structure.
[4]
Any new tower to a maximum height of 300 feet.
(b)
Towers shall be located a minimum of 750 feet from any residential
property located within Village limits.
(2)
Residential districts.
(a)
The following are permitted with a permit issued under this
section:
[1]
Antennas attached to an existing tower or structure for the
principal use of that structure only and not extending more than 20
feet above the highest point of the tower or structure.
[2]
A tower within the easement of a high-power transmission line
or within 50 feet of a transmission line easement on the same side
of the road up to a maximum height of 200 feet.
(b)
No other towers or antennas are permitted in these districts.
(3)
Shoreland and floodplain. No wireless communications facilities are
allowed in areas designated as shoreland or floodplain.
G.
Performance standards.
(1)
General. At a minimum, all wireless communications facilities shall
meet the dimensional standards of the zoning district in which they
are located. Where the facilities are the principal use on a separate
parcel, the parcel shall meet the minimum lot size requirements of
the respective zoning district.
(2)
Setbacks and separation.
(a)
Generally, tower structures shall be set back from the nearest
off-site structure a distance equal to the height of the tower. This
setback may be reduced to 1/2 the height of the tower if the applicant
submits an engineering report from a registered professional engineer
that certifies that the tower is designed and engineered to collapse
upon failure within the distance from the tower to the property line.
(b)
Towers shall not be located within 750 feet of any residence
other than the residence on the parcel on which the tower is to be
located to serve only that residence.
(3)
Collocation/sharing of facilities.
(a)
No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the governing authority that no
existing tower or structure can accommodate the applicant's proposed
antenna. Supporting evidence may consist of any of the following conditions:
[1]
No existing towers or structures are located within the geographic
area required to meet the applicant's engineering requirements.
[2]
Existing towers or structures are not of sufficient height to
meet the applicant's engineering requirements.
[3]
Existing towers or structures do not have sufficient structural
strength to support the applicant's proposed antenna and related equipment.
[4]
The applicant's proposed system would cause electromagnetic
interference with the system on the existing tower or structure, or
the system on the existing tower or structure would cause interference
with the applicant's proposed system.
[5]
The fees, cost, or contractual provisions required by the owner
to share an existing tower or structure or to adapt an existing tower
or structure for sharing is unreasonable. Costs exceeding new tower
development are considered unreasonable.
[6]
The applicant demonstrates that there are other limiting factors
that render existing towers or structures unsuitable.
(b)
New towers shall be designed structurally and electrically to
accommodate the applicant's antennas and comparable antennas for at
least two additional users if the tower is 100 feet or more in height.
Towers must also be designed to allow for future rearrangement of
antennas on the tower and accept antennas mounted at different heights.
(4)
Screening and landscaping. The tower location shall provide for the
maximum amount of screening from off-site views of the facilities.
Facilities shall be landscaped with a buffer of plant materials that
effectively screens the view of all structures, equipment and improvements
at ground level from adjacent properties. The standard buffer shall
consist of a landscaped strip at least four feet wide outside the
perimeter of the compound. In locations where the visual impact of
the tower would be minimal, the landscaping requirement may be reduced
or waived by the Village Board. Existing mature vegetation and natural
plant forms on the site shall be preserved to the maximum extent possible.
(5)
Security fencing and lighting.
(a)
All towers shall be reasonably protected against unauthorized
climbing. The bottom of the tower from ground level to 12 feet above
the ground shall be designed to preclude unauthorized climbing and
shall be enclosed with, at a minimum, a six-foot-high chain-link fence
with a locked gate.
(b)
Security lighting for on-ground facilities and equipment is
permitted, as long as it is down-shielded to keep light within the
boundaries of the site.
(c)
No strobe lights or other bright, flashing lights are allowed
on the tower.
(6)
Color and materials.
(a)
All towers and antennas shall use building materials, colors,
textures, screening and landscaping that blend the facilities with
the surrounding natural features and built environment to the greatest
extent possible. The tower shall be light blue or another color that
is demonstrated to minimize visibility.
(b)
All metal towers shall be constructed or treated with corrosion-resistant
material.
(7)
Parking and access. A minimum of two parking spaces shall be provided
on each site. The governing authority may require additional parking
if the minimum parking proves to be inadequate. Access must be provided
by a gated, hard-surface, all-weather access driveway.
H.
Permit requirements.
(1)
Building permits. Uses and facilities permitted under this section
may be authorized by the Village Board upon the complete submittal
and approval of an application for a building permit under this section.
(2)
Special exception permits. Uses and facilities requiring a waiver
of any section of this chapter may be authorized by the Zoning Board
of Appeals upon the complete submittal and approval of an application
for a special exception under this section.
(3)
Applications.
(a)
In addition to the application requirements of the Village Board,
all applications for building permits or special use permits for new
wireless communications facilities shall include the following information:
[1]
A report from a registered professional engineer, which:
[a]
Describes the tower height and design, including
a cross section and elevation;
[b]
Certifies the facility's compliance with structural
and electrical standards;
[c]
Describes the tower's capacity, including the potential
number and type of antennas that it can accommodate;
[d]
Describes the lighting to be placed on the tower
if required by the FCC or FAA; and
[e]
Describes how the applicant will avoid causing
destructive interference with previously established public safety
communications.
[2]
A written acknowledgment by the landowner of a leased site that
he or she will abide by all applicable terms and conditions of the
building permit or special exception permit.
[3]
Additional information and analysis.
[a]
The Village Board may, at its discretion, require
visual impact demonstrations, including mockups and/or photo montages;
screening and painting plans; network maps; alternative site analysis;
lists of other nearby wireless communications facilities; or facility
design alternatives for the proposed facilities.
[b]
The Village Board or Zoning Board of Appeals may
employ, on behalf of the Village, an independent technical expert
to review technical materials submitted by the applicant or to prepare
any technical materials required but not submitted by the applicant.
The applicant shall pay the costs of such review and/or independent
analysis.
(4)
Annual report. Owners of towers and antennas shall conduct an annual
inspection of their facilities to ensure continuing compliance with
this chapter. A copy of the annual inspection report shall be provided
to the Village Board.
