A.
Application referred to Plan Commission. The Building
Inspector shall refer the application for a conditional use permit
to the Plan Commission at least 10 days before the next regularly
scheduled meeting.
(1)
The Plan Commission shall submit, within 40 days,
a report and recommendation to the Village Board recommending approval
where its findings indicate that:
(a)
The conditional use:
[1]
Will in no way endanger public health, safety,
morals, comfort and general welfare;
[2]
Will not be injurious to the employment of other
property in the immediate vicinity;
[3]
Will not impede the orderly development and
improvement of other property for use permitted in the district; and
[4]
Conforms to the approval regulations of the
district in which it is located.
(b)
Adequate utilities, access roads, drainage and
other necessary site improvements have been or are being provided.
(c)
Adequate measures have been or will be taken
to provide ingress or egress so designed as to minimize traffic congestion
and traffic hazards in the public streets.
(2)
The Plan Commission shall state, in writing, the grounds
for nonrecommendation of a conditional use permit.
C.
Wireless communications towers and facilities; conditional
use permit standards.
[Added 9-12-2000 by Ord. No. 00-10[2]]
(1)
Wireless communications towers and accessory structures
which are a conditional use in all zoning districts shall be subject
to the following minimum standards in relationship to the consideration
of permit requests. This is due to concerns of the Village for the
public health, safety and welfare relative to the impacts of such
facilities upon private and public property alike and for community-wide
aesthetic reasons. To this extent, it is the stated purpose of the
Village to: minimize the visual impact of towers, antennas and associated
structures through use of design and siting standards; to require
maximization of the use of existing towers, antennas and associated
structures; to encourage the use of alternatives to the building of
additional towers and antennas in the Village; and to minimize the
potential for damage to adjacent structures and properties as well
as personal injuries through the imposition of structural standards
and setback requirements.
(2)
No request to erect a new communications tower will
be approved of unless the communications equipment planned for the
proposed tower cannot be accommodated on an existing tower within
the service area of the proposed tower due to one or more of the following
reasons:
(a)
The planned equipment would exceed the structural
capacity of the existing or approved tower, as documented by a qualified
and licensed professional engineer and the existing or approved tower
cannot be structurally reinforced, modified or replaced to accommodate
the planned or equivalent equipment at a reasonable cost.
(b)
The planned equipment would materially interfere
with the usability of other existing or planned equipment at that
tower as documented by a qualified radio frequency engineer and the
interference cannot be prevented at a reasonable cost.
(c)
Existing or approved towers within the radius
of the proposed tower's range cannot accommodate the proposed equipment
at a height necessary for it to function reasonably, as documented
by a qualified radio frequency engineer.
(d)
Existing or approved towers within the radius
of the proposed tower's range are unavailable or are unreasonable
to lease space upon, as determined by the Village Board exercising
its discretion.
(e)
Other reasons which make it impractical or unfeasible,
in the opinion of the Plan Commission, to locate the proposed communication
equipment on an existing or approved tower.
(3)
Each proposed communications tower shall be designed
structurally, electrically and in all other respects to accommodate
both the applicant's antennas and antennas for at least three other
users. Towers shall be designed to allow for the future arrangement
or rearrangement of antennas upon the tower and accept antennas mounted
at various levels of height.
(4)
No commercial tower shall be constructed in a residential
district; nor shall it exceed a height of 300 feet above the ground
at the base in any or all other zoning districts in which it is allowed
as a conditional use of the property. Only towers used for pleasure
and constructed on the user property are permitted in residential
zones.
(5)
The minimum setback for a tower from any property
line, public right-of-way or from any other building or structure,
except for accessory structures associated with and used in conjunction
with a tower, shall be equal to 100% of the height of the tower.
Setbacks for accessory structures and other equipment situated on
the ground shall conform with setback requirements for the zoning
district in which they are located.
(6)
Tower locations shall provide for the maximum amount
of screening possible for off-site views of the facility. Existing
on-site vegetation shall be preserved to the maximum extent practicable
around the base of the tower.
(7)
The relationship between the tower site and existing
public utility structures and service lines shall be considered, and
adequate provision for interconnection with those utility lines shall
be provided, through existing facilities, if possible.
(8)
Electromagnetic interference caused or created by
the system utilizing each such tower, if any, shall not adversely
affect or impact upon surrounding property uses.
(9)
The installation of the tower and accessory structures
shall be designed to be compatible with the site. To this effect,
a site plan shall be submitted to and approved by the Plan Commission.
The base of the tower shall be landscaped and screened where practical.
Accessory structures shall be designed to be architecturally compatible
with principal structures on properties adjacent to the tower site.
(10)
Each tower shall be painted in a color which
is demonstrated to minimize visibility. No advertising or identification
visible off site shall be placed on any tower.
(11)
Towers shall be certified to meet the latest
structural and safety standards and applicable state codes by a qualified
and licensed professional engineer.
(12)
All obsolete and unused towers and accompanying
accessory structures shall be removed from the site upon which they
were erected within 12 months after the cessation of operations from
that site by the owner or operator. After the facilities have been
removed, the site shall be restored to its condition immediately prior
to the erection of those facilities. Any tower which is not removed
in accord with this provision shall be automatically deemed to be
a public nuisance, and the Village may cause its removal at the owner's
expense.
(13)
Where deemed to be appropriate by the Plan Commission,
the applicant shall install fencing and/or landscaping for reasons
of safety and aesthetics.
(14)
Towers shall be designed to withstand applicable
wind load requirements as prescribed in the Uniform Building Code.
Towers and antenna systems shall be treated with corrosive resistant
materials, and the facilities shall be regularly maintained and, where
necessary, repaired.
(15)
For purposes of Plan Commission review of applications
for permission to erect towers and accessory structures, the following
information, in addition to that submitted in response to the above
criteria, shall be submitted by the applicant:
(a)
Written statements of compliance with regulations
administered by the state and federal governments and their respective
agencies with jurisdiction over the same.
(b)
A description of the height and a cross section
of the proposed tower.
(c)
A description of the tower's capacity, including
the number and types of antennas which it can accommodate.
(d)
A report on the means by which the applicant
will take steps to avoid interference with established public safety
communications systems through use of the facilities.
(e)
A letter of intent on the part of the applicant,
its successors and assigns to allow shared use of the tower as long
as there is no negative structural impact as a result thereof and
no disruption to the services provided therefrom.
(f)
Structural and electrical system plans shall
be submitted which shall also identify the location for and means
of accommodating additional user's antennas.
(16)
The Village may, at any time, inspect any tower
and accessory structures for compliance with this subsection and the
terms and conditions of the conditional use permit. Upon inspection,
any violation of this subsection or of the conditional use permit
or the existence of any other safety hazard shall give rise to the
provision to the owner of a notice requiring that within 30 days of
the date of said notice full compliance will be required and that
any defects or hazards shall, within that period of time, be cured
or rectified.
(17)
The owner shall at all times maintain adequate
insurance coverage against property damage or personal injuries resulting
from the construction, collapse or operation of the tower, antennas
or any and all other portions of the associated facilities. Upon request,
such coverage shall be certified to the Village, which reserves the
right to require additional coverage, either as to amounts or forms
of exposure as based upon the advice of its insurance carriers or
agents in light of industry-wide standards.
(18)
ACCESSORY STRUCTURE
ANTENNA
TOWER or COMMUNICATIONS TOWER
Definitions. The following definitions shall
apply to this subsection:
Any building or electrical or mechanical cabinet located
adjacent to or in the vicinity of a tower, used to house equipment
customarily incidental to the receiving or transmittal of wireless
broadcasts of any kind, cellular telephone calls, voice messaging
and paging services and other wireless communications of any sort
or type.
Equipment used for transmitting or receiving radio frequency
signals and which is attached to a tower, consisting of directional
panels, microwave or satellite dishes or omnidirectional whip antennas.
Any pole, spire, or other structure or combination thereof
to which an antenna could be attached or which is designed for antennas,
together with all supporting lines, cables wires and braces.
D.
Disposition by the Village Board.
(1)
The Village Board, upon receipt of the Plan Commission's
recommendation, shall place such recommendation on its agenda within
30 days. The Board may, without further hearing, authorize a conditional
use permit in accordance with the general interest and spirit of this
chapter, the purpose of the district in which the conditional use
will be located and standards established.
(2)
Any requested conditional use permit which fails to
receive the approval of the Village Plan Commission shall not be passed
by the Village Board except by the favorable vote of 2/3 of the Board's
members holding office.
(3)
A copy of the conditional use permit shall be supplied
to the Building Inspector or whosoever performs such a duty within
10 days of passage.
E.
Lapse of conditional use permit. A conditional use
permit shall lapse and become void one year following the date on
which the conditional use becomes effective unless a building permit
is issued and construction is commenced and pursued diligently according
to the recommendations of the permit.
F.
A conditional use permit may be renewed for an additional
period of one year from the date when the conditional use permit originally
became effective. An application for renewal of the conditional use
permit is to be filed with the Board of Appeals. The Board of Appeals
may grant or deny an application for renewal of a conditional use
permit.
[Amended 1-12-1999 by Ord. No. 99-01]
Planned unit developments (PUD's) are permitted
as conditional uses in the R-1, R-2 and R-3 Districts. PUD's are intended
to provide for innovative large-scale residential developments.
A.
A PUD must contain a minimum of 10 contiguous acres
under one ownership or control.
B.
Plans for the proposed development shall show the
location, size and proposed use of all structures and land included
in the area involved. Individual drainage and planting plans shall
be provided for the entire development.
C.
The plans may provide for a combination of single-family
and multifamily development, provided that the plans indicate that:
(1)
The overall density shown on the PUD plan for residential
uses shall not exceed an average density of 11 persons per acre. In
computing population density, a factor of 3.7 persons shall be used
per one-family dwelling, 3.10 persons per garden-type apartment unit
or townhouse and 1.5 persons per high-rise apartment unit.
(2)
Paved streets and sidewalks adequate to serve the
needs of the area will be provided.
(3)
Adequate access to public streets and proper internal
circulation will be provided.
(4)
Sewer and water facilities shall meet Village specifications
for public facilities. All private sewer and water facilities must
comply with the Village's maintenance requirements. Backflow control
devices shall be installed on water services to private water mains
of one inch or greater in size.
[Amended 10-8-2002 by Ord. No. 02-14]
(5)
The development will constitute a reasonable extension
of the living areas in the Village and will be compatible with surrounding
land uses.
(6)
Adequate safeguards will be taken to ensure that the
parks and other open spaces shown on the plan are permanently reserved
as parks and open spaces.
Mobile home parks are permitted as conditional
uses in the R-3 District, provided that:
A.
The minimum size of a mobile home park shall be 10
acres.
B.
The maximum number of mobile homes shall be 10 per
acre.
C.
Minimum dimensions of a mobile home site shall be
50 feet wide by 85 feet long.
D.
All streets, parking areas and walkways shall be hard
surfaced.
E.
There shall be a minimum yard setback of 40 feet at
all lot lines of the mobile home park.
F.
It shall conform to the requirements of Chapter H
77, Wisconsin Administrative Code.
G.
No mobile home site shall be rented for a period of
less than 30 days.
H.
Each mobile home site shall be separated from other
mobile home spaces by a yard not less than 15 feet wide.
I.
There shall be a surfaced two-automobile parking space
for each mobile home.
J.
Unless adequately screened by existing vegetative
cover, it shall be screened by a temporary planting of fast-growing
material capable of reaching a height of 15 feet or more, such as
hybrid poplar, and a permanent evergreen planting, such as white or
Norway pine. The individual trees are to be of such number and so
arranged that within 10 years they will have formed a screen equivalent
in opacity to a solid fence or wall. This permanent planting shall
be grown or maintained to a height of not less than 15 feet.
Campgrounds may be permitted in the R-4 District,
provided that:
A.
The minimum size of a campground shall be five acres.
B.
The maximum number of campsites shall be 15 per acre.
C.
Minimum dimensions of a campsite shall be 25 feet
wide by 40 feet long.
D.
Each campsite shall be separated from other campsites
by a yard not less than 15 feet wide.
E.
There shall be one automobile parking space for each
campsite.
F.
There shall be a minimum yard setback of 40 feet at
all lot lines of the campground.
G.
It shall conform to the requirements of Chapter H78,
Wisconsin Administrative Code.
H.
The screening provisions for mobile home parks are
met.
