ORD20001038AMENDED
ORDINANCE #lo38
COMMON COUNCIL - CITY OF MUSKEGO
AN ORDINANCE TO CREATE CHAPTER 36
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Wireless Facilities)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 36 of the Municipal Code of the City of Muskego, Wisconsin is
hereby created as adopted by Ordinance #1038, as amended.
SECTION 2: A copy of said Ordinance has been on file in the Office of the City Clerk-
Treasurer and open to public inspection for not less than two weeks prior to the date of
this Ordinance and said Ordinance is hereby incorporated into the Municipal Code of
the City.
SECTION 3: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect
the validity of all other provisions, sectiom or portion thereof of the ordinance which
shall remain in full force and effect. Any other ordinance whose terms conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 4: This ordinance shall be in full force and effect upon passage and
publication.
PASSED AND APPROVED THIS 22"d DAY OF AUGUST ,2000.
First Reading: 8/8/2000
Published on the 31" day of
August, 2000 * ATTEST Q%JK md
k Treasurer /
8l2000jmb
AMENDED
ORDINANCE #I038
COMMON COUNCIL - CITY OF MUSKEGO
AN ORDINANCE TO CREATE CHAPTER 36
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Wireless Facilities)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 36 of the Municipal Code of the City of Muskego, Wisconsin is hereby
created to read as follows:
SECTION 2: The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent jurisdiction
to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific
section or portion thereof directly specified in the decision, and not affect the validity of all
other provisions, sections or portion thereof of the ordinance which shall remain in full force
and effect. Any other ordinance whose terms conflict with the provisions of this ordinance
are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect upon passage and publication
PASSED AND APPROVED THIS 22ND DAY OF AUGUST ,2000.
CITY OF MUSKEG0
First Reading: 8/8/00
Cover Ordinance Published on the 22ND
day of August, 2000.
ATTEST.
8/2000jmb
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36:OO.OO - WIRELESS COMMUNICATIONS FACILITIES SITING
36:Oi INTRODUCTION
(1) Title
These regulations shall officially be known, cited, and referred to as the Wireless Communication Facilities
Siting Ordinance of the City of Muskego (hereinafter “these regulations”).
(2) Authority
(a) This Ordinance is adopted under the authority of the Federal Telecommunicalions Act of 1996,
Wisconsin Statutes 62.23, and the Zoning Ordinance of the City of Muskego.
(b) The Plan Commission is vested with the authority to review, approve, conditionally approve, and
disapprow applications for wireless communication facilities, including sketch, preliminary, and final
plans.
(3) Jurisdiction
These regulations apply to all Wireless Communications Facilities, as defined in Section 36:2.02, located within
the corporate limits of the municipality or outside the corporate limits as provided by law. No wireless
communications facility may be constructed without a Business Site and Operations Plan approval from the Plan
Commission, and where applicable a Conditional Use Grant approval by the Plan Commission.
(4) Findings
(a) Wireless Communications Facilities and Wireless Personal Communications Services comprise a rapidly
growing segment of the utilities and communications sector. and have merit and value for the City of
Muskego and the region as a whole.
@) The use of wireless services has grown 20% to 30% annually on a nalional basis since 1991, and it is
estimated that half of all households will utilize wireless service in the year 2000.
(c) Wireless Communications Facilities are supportive of the public health safety, and welfare in that they
provide useful portable communications services for personal convenience. commerce, and emergency
(d) Police and emergency services are using portable wireless services more and more, to communicate in
purposes.
(e) The Zoning Ordinance of the City of Muskego was adopted before the emergence of personal wireless
time of crisis and natural disaster.
(0 The Federal Communications Commission requires license holders to provide coverage to areas within
communication technologies, and therefore appropriate codes do not exist.
certain limeframes where wireless communications licenses have been acquired; Wireless
communication providers are required to furnish quality communications services to meet the growing
(g) Delays and uncertainty in the permit process which result from a lack of clear standards are an
needs of both the public and businesses.
(h) The Ciry of Muskego Plan Commission and Common Council undertook a deliberate process to
unreasonable limitation upon wireless service providers.
establish policies, standards, guidelines, and ordinances regarding the siting ol tower structures and
antenna arrays for wireless communications.
(i) The Federal Telecommunications Act of 1996 preserves local zoning authority to reasonably regulate
Wireless Communications Facilities, provided however. that localities may not unreasonably
discriminate among Federal Communications Commission license holders, and that localities may not
prohibit or have the effect of prohibiting Wireless Communications Facilities.
0) The Federal Communications Commission has sole jurisdiction over the radio frequency emissions of
Wireless Communications Facilities so long as said facilities meet the standards thereof.
0
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Purpose
In order lo protect the public health. safety, and general welfare of the community, while
accommodating the communication needs of residents and business these regulations are necessary to:
facilitate the provision of wireless telecommunication services to the residents and businesses of the
municipality;
minimize adverse visual effects of towers through careful design and siting standards;
encourage the location of towers in non-residential areas through performance standards and incentives;
avoid potential damage to adjacent properties from tower failure through structural standards and
setback requirements.
provide mechanisms for the mitigation of tower proliferation through tower sharing requirements for all
allow competition in wireless communications services
new tower applicants and those existing towers that are physically capable of sharing.
encourage the provision of advanced communications services to the community
enable the City of Muskego to discharge its public trust consistcnt with the rapidly changing Federal and
State regulatory environment. industry competition, and technological development.
Enactment
In order that wireless communications facilities may be constructed in accordance to these ournoses and mlicies.
these regulations are hereby adopted by the City ofMuskego Common Council. and made effective as of August
31. 2000.
..
Interpretation, Conflict, and Severability
(a) Interaretalion. In their interpretation and application, the provisions of these regulations shall be held to
be the mmimum requirements for the protection of public health. safety, and general welfare. These
regulations shall be construed broadly to promote the purposes for which they are adopted.
(b) Contlict. These regulations are not intended to interfere with, abrogate, or annul any orher ordinance,
rule or regulation, statutc, or other provision of law except as authorized by applicable federal or state
law and as provided in these regulations. Except to the extent lhat the City of Muskego is not authorized
or is prohibited by applicable federal or state law from imposing highcr or more restrictive standards,
where any provision of these regulations imposes restrictions different from any other ordinance, rule or
regulation, statute, or other provision of law, the provision which is more restrictive or imposes higher
standards shall govern.
(c) Severability If any part 01 provision of these regulations or the application of these rcgulations to any
judgment shall be confined in its operation to the part. provision. or application directly involved in the
service provider or circumstances is adjudged invalid by any court of compclent jurisdiction, the
controverv in which the judgment shall be rendered and it shall not affect or impair the validity of the
The Common Council of the City ofMuskego hereby declares that it would have enacted the remainder
remainder of these regulations or the application of them to other service providers or circumstances.
of these regulations even without any such part, provision, or application which is judged to be invalid.
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36.02 DEFINITIONS
(1) Usage
(a) For the purpose of thcse regulations, certain abbreviations, terms, and words shall be used, interpreted,
(b) Unless thc context clearly indicates to the contrary, words used in the present tense include the future
and defined as set forth in this Article.
tense and words used in the plural shall also indicate the singular.
(2) Words and Terms Defined
Act - The Federal Communications Act of 1934, as it has been amended from time to time, including
but not limited to the Federal Telecommunications Act of 1996, and shall include by reference all future
amendments to the Federal Communications Act of 1934.
controls. is owned or controlled by, 01 is under common ownership or common control with the
Affiliate - When used in relation to an operator. another person who directly or indireclly owns or
operator, or an operator's principal partners, shareholders, or owners of some other ownership interest;
and when used in relation to the municipality, any agency, board, authority or political subdivision
affiliated with the municipality or other person in which the municipality has legal or financial interest.
Alternative Tower Structure - Man-made structures including but not limited to those resembling
camouflage or conceal the presence of antennas or towers (see also Stealth Facility).
trees. clock towers. bell steeples, light poles. and similar alternative-design mounting structures that
Analog Technology - Replicates and amplifies voice messages as they are carried from the transmitting
antenna to the receiving antenna.
Antenna or Antenna Array - Any system of poles, panels, whips, or similar apparatus designed for
telephonic, radio, or television communications through sending andor receiving of electromagnetic
Antenna Height - The vertical distance measured from the ba% of the antenna support structure at
waves.
grade to the highest point of the structure. If the support structure is on a sloped grade, then the average
between the highest and lowest grades shall be used in calculating the antenna height.
Antenna Support Structure - Any pole, tclescoping mast, tower tripod. or any other structure which
supports a device used in the transmitting andlor receiving of electromagnetic waves.
Applicant - A person who applies for a wireless facility siting. An applicant can be the owner, of the
property or someone who is representing the owner. such as a tenant, licensee, operator, builder,
developer, optional purchaser, consultant, or architect.
Broadcast -To transmit information over the ainvaves to two or more receiving devices simultaneously.
Information can be transmitted over local television or radio stations, satellite systems or wireless data
communications networks.
Cell Site - A tract or parcel of land or structure that contains a wireless communication facility and, if
applicable, its support structure, accessory building(s), and parking, and may include other uses
associated with an ancillary to wireless communications transmission.
Cellular Service - A telecommunications service that permits customers to use wireless, mobile
or to other mobile phones.
telephones to connect, via low-power radio transmission cell sites, either to the public switched network
Cellular Communications - A commercial Low Power Mobile Radio Service licensed by the Federal
Communications Commission (FCC) to providers in a specific geographical area in which the radio
frequency spectrum is divided into discrete channels which are assigned in groups to geographic cells
within a service area and which are capable ofbeing reused in different cells within the service area.
Cellular Communications Facility - The equipment and structures involved in receiving wireless
communication or radio signals from mobile radio communications sources and transmitting those
signals to a central switching computer which connects the mobile unit with other mobile units or land-
bad telephone lines.
Co-location - The Location of wireless communications facilities of more than one provider on a single
site.
Common Carrier - An entity licensed by the FCC or a state agency to supply local andor long distance
telecommunications services to the general public at established and stated prices.
Communication Tower - A guyed or un-guyed, monopole. lattice or other self-supporting tower,
constructed as a free standing structure or in association with a permanent structure or equipment,
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(0 I a . .I
containing one or more antennas intended for transmitting andlor receiving television, A" radio,
digital, microwave, cellular. telephone, paging, wireless internet, data, or similar forms of electronic
communication.
Communications Facility - An appurtenance supporting antennas and I or microwave dishes that sends
and I or receives radio frequencies signals. Communications facilities include structures, towers and
accessory buildings.
Communications Transmission System or Communications System - A wired communication
transmission system, open video system, or wireless communications transmission system governed by
these regulations.
Comprehensive Plan -The current adopted Comprehensive Plan of the City of Muskego.
Digital Technology - branch of knowledge that converts voice and data messages into digits that
represent sound intensities at specific points of time and dala content.
Directional Antenna - An antenna or amy of antennas designed to concentrate a radio signal in a
particular area
Dish Antenna - A dish-like antenna used to link communications siles together by wireless transmission
of voice or data. Also called microwave antenna or microwave dish antenna.
FAA -Federal Aviation Administration.
independent structural engineer, in which the structure would fall in the event of collapse or other
Fall Zone - An area of land surrounding a tower structure, as certified by the manufacturer or an
structural failure.
FCC -Federal Communications Commission.
Guyed Tower - A communication tower that is supported. in whole or in part, by guy wires and ground
Frequency - The number of cycles completed each second by a sound wave; measured in her12 (Hz).
anchors.
Height -The vertical measurement from a point on the ground at the mean finished grade adjoining the
foundation as calculated by averaging the highest and lowest finished grade around the stmcture, to the
highest point of the building or structure.
Lattice Tower - A guyed or self-supporting three or four sided, open, steel frame structure used lo
support communications equipment.
and operate its wireless facility within the specified boundanes which may include the City of Muskego
License - The rights and obligations extended by the FCC to an operator to own, construct, maintain,
Line of Sight -The direct view of an object from a designated location.
in whole or in pan.
Microwavc - Electromagnetic radiation with frequencies hlgher that 1.000 MHz; highly directional
signal used to transmit radio frequencies from point-to-point at a relatively low power level.
Microwave Antenna - A dish-like antenna manufactured in many sizes and shapes used to link
communication sites together by wireless transmission of voice or data
Monopole Tower - A communication tower consisting of a single pole, constructed without guy wires
and ground anchors.
Omni-directional Antenna -An antenna that is equally effective in all directions and whose size vanes
with the frequency and gain for which it was designed.
Operator - A person or entity that owns or operales a wireless communications facility.
Owner - The owner of the title to real property or the contract purchaser of real property of record, as
shown on the latest assessment records of the City of Muskego. Owner also includes a deed holder or
contract purchaser whose name does not appear in the latest assessment records, but who presents to the
Parabolic Antenna - Also commonly known as a satellite dish antenna. A bowl shaped antenna
municipality a copy of a deed or contract of sale showing date, book. and page of recording.
designed for the reception or transmission of radio frequency communication signals in a specific
directional pattern.
Personal Communications Services or PCS - Digital wireless technology such as portable phones,
pagers, faxes, and computers. Such mobile technology promises to allow each consumer the same
telephone number wherever he or she goes. Also known as Personal Communication Network (PCN).
Public Property - Any real property, easement, air-space, or other interest in real estate, including a
street; owned by or controlled by this municipality or any other governmental unit.
Roof, Existing Structure, and/or Building Mount Facility - A communications facility in which
antennas are mounted to an existing structure. such as a building, silo, uiility pole, water tower, existing
telecommunications tower. and which may be on the roof (including rooftop appurtenances), building
face, side or elsewhere on the existing structure.
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(PP) Scenic View - A specific location, area, or corridor that consists of
I.
or group of objects, such as a ridge line or a grouping of trees, resulting in an aesthetically
a three dimensional area extending out from a particular viewpoint, focusing on a single object
pleasing view.
observer, constraining the view into a narrow or particular field.
2. lateral terrain features such as valley sides or woodland as observed to either side of the
Self-Supported Tower - A communication tower that is constructed without guy wires and ground
anchors.
Spectrum - Relating to any transmissions or reception of electromagnetic waves.
Stealth Facility - Any communications facility which is designed to blend into the surrounding
environment. Examples of stealth facilities may include architccturally screened roof-mounted antennas.
building-mounted antennas painted to match the existing structure, antennas integrated into
architectural elements, and antenna structures designed to look like light poles. (See also Alternative
Tower Structure).
System - The communications transmission system operated by a an operator.
Telecommunications -The transmission, between or among points specified by the user, of information
of the user's choosing, wjthout change in the form or content of the information as sent and received.
Tower - any structure that is designed and constructed primarily for the purpose of supporting one or
more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term
includes radio and television transmission towers, microwave towers, common-carrier towers, cellular
telephone towers, alternative lower structures, and the like.
View Corridor - (See also Scenic View).
Wireless Communication Facility - An all encompassing definition; Any towers, poles, antennas or
or any other spectrum-based lransmissionsireceptions.
other structures intended for use in connection with transmission or receipt of radio or television signals,
cylindrical in shape and are less than 6 inches in diameter and measure up to 18 inches in height. Also
Whip Antenna - An antenna that transmits signals in 360 degrees. Whip antennas are typically
called omni-directional, stick or pipe antennas.
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36.03 ADMINISTRATION AND ENFORCEMENT
Administration and Enforcement Officer
Planning Director Designated: The Planning Director is hereby designated as the administrative and
enforcement officer for the provisions of this Ordinance, For such duties he may be provided with the
assistance of such additional persons as the Common Council may direct.
Duties: In the enforcement of said Ordinance the Planning Director shall perform the following duties:
I.
provisions of this ordinance and provided its provisions and those of the building code have
Issue the necessary Zoning Use Permits and / or Conditional Use Grants required by the
been complied with.
2. Keep an accurate record of all permits, numbered in the order of issuance.
3. In case of any finding of a violation of a provision of this ordinance, notify in writing of rhe
actual violator where known. owner of the property on which the violation has laken place and
indicating the nature of the violation and the action necessary Lo correct it.
4. Carry out such additional responsibilities as are hereinafter set forth by the provisions of this
ordinance.
Authority: In the enforcement of said Ordinance, the Planning Director shall have the power and
authority for the following:
I. At any reasonable time and for any proper purpose to enter upon any public or private premises
2. Upon reasonable cause or question as to proper compliance. to notify of violations and initiate
and make inspection thereof.
penalty actions as described in Section 36.03.08 requiring (he cessation of any building,
moving, alteration or use which is in violation of the provisions of this ordinance, such
revocation to be in effect until reinstated by the Planning Director or the Board of Appeals; or
take any other action as directed by the Common Council to insure compliance with or lo
prevent violation of its provisions.
3. In the name of the City and with authorization of the Common Council commence any legal
proceedings necessary to enforce ihe provisions of this Ordinance or the building code
including the collection of forfeitures provided for herein.
Permit Reauired: No wireless communicalions facility shall be erened, structurally altered, or relocated
within the City of Muskego until a Building Site and -ration Plan. a Conditional Use permit where
applicable. has been issued by the Planning Direclor. and a building permit has been issued by the
Building inspector cenlfying that such building or structure as proposed, would be in compliance with
the provisions of this ordinance and with the Building Code of the City.
Permitting Procedure: An application for a Building Site and Operation Plan and Conditional Use
Grant where applicable, shall be made in conformity with the Zoning Code and this Chapter. An
application for a Building Permit shall be accompanied by the applicant’s approved Building Site and
Operation Plan and Conditional Use Grant if applicable, and shall be made in conformity with the
requirements of the Building Code of the City of Muskego.
Permit ExDiralion: If within eighteen (18) months of the date of application, no Occupancy Permit has
been issued any Building Permit and Zoning Permit related thereto shall lapse and the Planning
Director shall make immediate investigation to asceriain that no use or occupancy has in fact
commenced without proper authority. Upon showing of valid cause, the Planning Director may grant an
extension of such permit for a period not to exceed 6 months.
Temporan Occupanq and Use Permit: Pending the issuance of a regular permit, a temporary permit
may be issued by the Plan Commission upon recommendation of the Planning Director and City
Engineer for a period not exceeding 6 months during the completion of alterations or during partial
occupancy of a building pending its permanent occupations. Such temporary permit shall not be issued
except under such restrictions and provisions as will adequately insure the safety of the occupants. A
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temporary permit shall be voided if the building fails lo conform to the provisions of this ordinance to
such a degree as to render it unsafe for the occupancy proposed.
Relation to Official Zoning Map
(a) Districts Mapped: The City of Muskego is divided into zoning districts as shown upon a map
designated as the Zoning Map of the City of Muskego and made part of Chapter 17 of the Municipal
Code, and all the notations, references and other information shown thereon shall be as much a part of
this Ordinance as if the matters and information set forth by said map w'ere all fully described herein.
(b) Performance Standards: All wireless communications facilities shall adhere to the zoning and use
performance standards described in 36:04.
Scenic Views and View Corridors Established
The following areas are designated as Scenic Views as defined in Section 36:02.02:
1. Big Muskego Lake Wildlife Area
The following areas are designated as View Corridors as defined in Section 36:02.02:
I The following corridors measured parallel to (he right-of-way and measuring a distance 400
feet from the edge of the ultimate right-of-way, as illustrated in the adopted Street System Plan
for the City of Muskego:
a. County Trunk Highway HH / College Avenue
b. County Tmnk Highway 00 I North Cape Road
C. Crowbar Road
d. Durham Drive
e. Hillendale Drive
f. Tans Drive
h. g. Tess Corners Drive
Woods Road
2. The following comdors measured parallel to the right-of-way and measuring a distance 600
feet Crom the edge of the ultimate right-of-way, as illustrated in the adopted Street System Plan
for the City of Muskego:
a. County Trunk Highway L I Janesville Road
b. County Trunk Highway 0 I Moorland Road nonh of Janesville Road
C. County Trunk Highway Y / Racine Avenue
d. Moorland Road extension, between Janesville Road and Woods Road
e. Stale Trunk Highway 36 / Loomis Road
f. State Trunk Highway 45
All Scenic Views and View Corridors established by this Ordinance shall bc mapped and all the
notations. references and other information shown thereon shall be as much a part of this Ordinance as
if [he matters and information set fofih by said map were all fully described herein.
Exemptions
(a) The following are exempt from the provisions of this Ordinance:
1. Emergency wireless communications facilities used for emergency communications by public
2.
officials.
Amateur (ham) radio stations licensed by the Federal Communications Commission.
3. Parabolic antennas less than three (3) feet in diameter.
Amendments
For the purpose of protecting the public health safety, and general welfare, the Plan Commission or Common
Council may from time to time propose amendments to these regulations which may be acted on by the Common
Council at a public meeting following any public notice as required by Wisconsin Statutes for an amendment to a
zoning ordinance, in a lnanner similar to a zoning ordinance. Realizing that communication technologies are
evolving and changing quickly, future innovations may reduce the impacts of individual facilities and render
portions of these regulations obsolete. Therefore, periodic review and revision of these regulations will be
necessary.
Violations and Penalties
(a) Penalties: Any person. firm, company. or corporation who violates. disobeys, omits, neglects refuses to
comply with. or who resists the enforcement of any of the provisions of this ordinance, shall be subject
to a forfeiture for each oKense as may be determined by Resolution of the Common Council, together
with the costs of the action. Each day that a violation is permitted to exist shall constitute a separate
violation and be punishable as such.
0) Enforcement BY Iniunction: Compliance with the provisions of this Ordinance may also be enforced by
injunction order at the suit of the City or one or more owners of real estate situated within an area
affected by the regulations of this ordinance.
(c) Declared Nuisances: Any building erected structurally altered. or placed on a lot, or any use carried on
in violation of the provisions of this ordinance is hereby declared to be a nuisance per se, and the City
may apply to any Court of competent jurisdiction to retrain or abate such nuisance.
Appeals
(a) Petitioners requesting approval of a wireless communications facility who are aggrieved by a decision of
the Plan Commission or its administrative off~cers relating a basic zoning regulation may appeal said
decision to the Zoning Board of Appeals. The Zoning Board of Appeals shall hear said cases in
accordance with Chapter 17 of the Municipal Code.
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36:04 GENERAL PERFORMANCE STANDARDS
Co-Location Requirements
the communications equipment planned for the proposed tower cannot be accommodated on an existing or
A proposal for a new wireless communication tower shall not be approved unless the Plan Commission finds that
following reasons:
approved lowcr or structure within a one mile search radius of the proposed tower due to one or more of the
(a) The planned equipment would exceed the structural capacity of the existing or approved tower or
structure, as documented by a qualified and licensed professional engineer, and the existing or approved
tower or structure cannot be reinforced, modified- or replaced to accommodate planned or equivalent
(b) The planned equipment would cause interference materially impacting the usability of other existing or
equipment at a reasonable cost.
planned equipment a1 the tower or building as documented by a qualified and licensed professional
engineer and the interference cannot be prevented at a reasonable cost.
(c) Existing or approved towers and structures within thc search radius cannot accommodate the planned
equipment at a height necessary to function reasonably as documented by a qualified and licensed
professional enginwr.
Tower and Antenna Design Requirements
Proposed or modified wireless communications towers and antennas shall meet the following design
requirements:
(a) All wireless communications facilities proposed to be located within the Big Muskego Lake Wildlife
(b) All wireless communications facilities proposed to be located wilhin a designated Scenic View or View
Area shall be located on an existing tower struciure or shall be Stealth Facilities
Corridor shall be located on an existing tower structure or shall be Stealth Facilities as described in
Section 2.02.
(c) Towers and antennas shall be designed to blend into the surrounding environment through the use of
color and other camoutlaging architectural treatments, except in instances where the color is dictated by
(d) Towers shall be designed structurally, electrically. and in all other respects to accommodate both the
federal or state authorities such as the Federal Aviation Administration.
applicant's anlennas and comparable antennas for at least threc adhtional users if the tower is over 150
feet in height; at least two additional users if the tower is between 100 feet and 150 feet in height; or at
least one additional user if the tower is between 60 and 99 feet in height. Towers must be designed 10
allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying
(e) Wireless communication service towers shall be of an un-guyed monopole design. Lattice towers and
heights.
guyed monopole towers shall be prohibited unless the Plan Commission determines that an such
alternative designs would better blend in to the surrounding environmcnt.
Accessory Uses and Accessory Structures
All accessory uses and structures associated with Wirelcss Communications Facilities shall comply with the
following:
(a) Ground mounted equipment including but not limited to equipment cabinets and generators shall be
enclosed in a structure which is architecturally designed to be of residential character and screened from
view by suitable vegetation, except where a design of non-vegetative screening better reflects and
complements the architectural character of the surrounding neighborhood. Only one such structure
shall be permitted per site; all co-locators must be housing within a common structure.
(b) All utility buildings and structures accessory to a wireless communications tower shall be architecturally
designed to be of residential character and shall meet the minimum setback requirements of the
(c) No outdoor storage shall be permitted at any wireless communications tower site, unless specifically
underlying zoning district.
identified and approved in a Building Site and Operation Plan.
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(4) Zoning and Use
(a) All wireless communications facilities shall be permitted in certain zoning districts either: (1) by right
following Building Site and Operation Plan approval by the Plan Commission, or (2) by conditional use
following Conditional Use Grant approval by the Plan Commission, and shall comply with the following
basic zoning district regulations:
NOTES: ‘May be modified by 00s Ofice and Special Service Overlay Dimin OIP Insilulivnal and Pubhe Service Overlay Dislticl, or OHS Highway
May he modified by OIP Insilutional and Public Service Overlay Diwid
SewiceOverlay DisVld.
11
! (5) Lighting
(a) Towers shall not be illuminated by artificial means and shall not display strobe lights unless such
lighting is specifically required by the Federal Av~ation Administration or other federal or state
0 authority for a particular tower.
(b) Site lighting shall be permitted in accordance with the standards identified in the City of Muskego
Desiw Manual as adopted by Plan Commission Resolution #PC 244-97
(6) Interference with Public Safety Communications
No new or existing telecommunications service shall interfere with public safety telecommunications. All
applications for new service shall be accompanied by an inter-modulation study which provides a technical
evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the
introduction of new service or changes in existing service, telecommunication providers shall notify he
municipality at least ten calendar days in advance of such changes and allow the municipality to monitor
interference levels during the testing process.
(7) Use and Occupancy of Public Rights-of-way
The overhead. underground, or surface use and occupancy of public strects. alleys, rights-of-way, parks or other
public spaces by wireless communications service providers is prohibited without a valid right-of-way occupancy
permit. Requests for such permits by wireless communications service providers shall be processed in accordance
with the requirements of Chapter 8 of the Municipal Code. and the Common Council's policies related thereto.
(8) Signs and Advertising
The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
(9) Noise
All noises emanating from Wireless Communications Facilities, including their accessory structures and uses.
shall be prohibited as described by Chapter 9, Section 9.05 of the Muskego Municipal Code. 0
36:05 ANNUAL REVIEW OF WIRELESS COMMUNICATIONS TOWERS
(1) Testing and Testing Protocols
(a) Teslina Recluired: Wireless Communications Facilities, individually or in combination with other such
facilities_ are not permitted at any time to produce power densities in an inhabited area which exceed the
FCC-adopted standard for human exposure, as amended. All wireless communications facilities shall be
rested on no less than an annual basis to determine if the facilities are in compliance with all applicable
regulations. Facilities that are in existence prior to the adoption of this Code shall be tested within three
(3) months of the adoption of this Code. All such testing shall be performed al the direction of the City.
and cost of such testing shall be borne by the owners of the facilities.
(b) Procedures and Protocols: The City Engineer is directed to obtain annual tests of all Wireless
Communications Facilities lor Non-ionizing Electromagnetic Radiation (NEIR) calculations. All such
file in the office of the City Engineer. Violations shall be addressed in accordance with Section
tests shall be performed at 100% duty cycle or at full output. Copies of all test results shall remain on
36:03.08 of this Code. The Plan Commission shall review the City Engineer's recommendations and
may from time to time promulgate rules for the annual testing procedure.
(2) Abandoned or Unused Towers or Tower Facilities
(a) Annual Review: On or before July I of each calendar year, the owner of a wireless communications
tower shall file annually a declaration with the Muskego Planning Department as to the continuing
operation of every locator and co-locator installed subject to these regulations. Failure to do so may
result in a determination by the City that that the facility is no longer in use and considered abandoned.
12
(b) Non-Use of facilities: A wireless communications tower that is not opcrated for a continuous period of
six (6) months shall be considered abandoned unless a Building Site and Operation Plan or Conditional
Use Grant has been approved by the Plan Commission within the past 18 months, and said facility is yet
to be constructed.
(c) Abandoned towers shall be removed as follows:
I. The City shall notify the owner of an abandoned wireless communications tower in writing and
2. The owner of the facility shall have thirty (30) days from the receipt of the written notice to
3. In the event that a tower is not removed within 90 days of the receipt of written notice, the
order the removal of the facility within ninety (90) days of the receipt of the written notice.
demonstrate to the City that the facility has not been abandoned.
wireless communications tower and associated facilities may be removed by the City and the
costs of removal seized from the surety, if applicable. Costs for removal may include all
condition, including but not limited to road removal and establishment of vegetation. Costs for
reclamation costs deemed necessary by the City to return the site to its pre-construction
removal which are in excess of sureties provided in accordance with Section 36:06.02(7) of this
Code shall be assessed against the properly
36:06 WIRELESS COMMUNICATION FACILITY APPLICATION PROCEDURE 8 APPROVAL PROCESS
General Procedure
The submission of applications for wireless communications facilities shall follow the same application procedure
as detailed in the City of Muskego Zoning Ordinance for Building Site and Operation Plan and / or Conditional
Use Grant and as detailed in this Ordinance.
Business Site and Operation Plan Supplemental Requirements
In addition lo the requirements found elsewhere in the City of Muskego Zoning Ordinance for Building Site and
Operation Plan submittal, site plans for wireless communications facilities shall include the following
supplemental information-
Plat of Survey at a scale of I” = 50’
Site plan of entire development, indicating all improvements including landscaping and screening, and
illustrating the location and approximate size and height of all buildings and structures within 500 feet
adjacent to the proposed wireless communication facility.
Elevations showing all facades. indicating exterior materials and color of the smcture(s) on the
proposed site.
Documentation of the petitioner’s right, title, or interest in the property where the facility is proposed to
be sited, including name and address of the property owner and applicant.
Color photo simulations of the proposed facility taken from perspectives determined hy the Planning
of sight, elevation, and date. The photos shall also illustrate the color of the facility and proposed
Director of his designee during a pre-application conference. Each photo shall be labeled with the line
screening.
Fees and developers deposits in amounts approved by the Finance Committee and Common Council.
Provisions for off-street parking for service and maintenance vehicles.
Provisions for site security, which may include fencing and anti-climb appurtenances.
removing the facility if it is abandoned.
A form of surety approved hy the Finance Committee and Common Council to pay for the cost of
A list of all property owners within 300 feet of the properly on which the facility is proposed.
A report from a qualified and licensed professional engineer which:
I. describes the tower or structure height and design including a cross section and elevation,
2. documents the height above grade for all potential mounting positions for co-located antennas
3. describes the tower or structure capacity, including the number and type of antennas that it can
and the minimum separation distances between antennas;
accommodate:
13
4. documents what steps the applicant will take lo avoid interference with established public safety
5. includes an engineer’s stamp and registration number.
7 includes other information necessary to evaluate the requesl.
telecommunications;
6. includes safety considerations;
8.
the corporate limits of the City ofMuskego illustrated in a USGS 7.5 minute topographic map.
includes a master plan for all related facilities within the community and within one (I) mile of
facilities which are 80 feet or more in height above ground level which are within five (5) miles
Such plan shall also illustrate the location of all structures and wireless communications
of the proposed facility.
The intention of the alternatives analysis is to present different strategies which minimize the
locations and I or facilities which would provide the proposed wireless communications service.
number, size. and adverse impact of facilities which arc necessary to provide the service to the
facilities as close as possible to the intended service area It shall also explain the rationale for
City. The analysis shall address the potential for co-location and the potential to locate
selection of the proposed site in view of the relative merits of any of the feasible alternatives.
The City may require independent verification of thc petitioner’s analysis al the petitioner’s
expense.
9. an alternatives analysis which identifies all reasonable, technically feasible, alternative
(I) Before the issuance of a building permit, the following supplemental information shall be submitted:
1. Proof of compliance with applicable Federal Communications Commission regulations; and
2. A repon from a qualified and licensed professional engineer which demonstrates compliance with
3. Approval of the Department of Commerce.
4. Proof of the issuance of access permits as may be required from other government jurisdictions.
the municipality’s structural and electrical standards.
(3) Conditional Use Grant Supplemental Requirements
In addition to the requirements found in Section XOG.02 of this Ordinance and elsewhere in the City of
Muskego Zoning Ordinance for Building Site and Operation Plan submittal. Conditional Use Grant applications
for wireless communications facilities shall include the following supplemental infomation:
(a) An Agreement in a form acceptable to the City Attorney committing the tower owner and his or her
successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable
approval of the Conditional Use Grant shall be recorded with the Waukesha County Register of Deeds at
terms and conditions for shared use. All such Agreements shall be in a recordable format, and upon
(b) Where co-location is found to be an alternative in the engineer’s analysis. evidence that the petitioner
lower owners expense.
has made diligent good faith efforts to negotiate co-location on an esisting facility, building, or
structure. and has been denied access.
(c) Identification of districts, buildings, sites, structures or objects of historical significance that are listed or
(d) A form of surety approved by Ihe Finance Committee and Common Council to pay for the cost of
(e) A list of all property owners within 300 fecl of the property on which the facility is proposed.
(0 A report from the lower manufacturer or a qualified and licensed professional structural engineer which
are eligible to be listed in the National Register of Historic Places.
remo\aing Ihe facility if it is abandoned.
includes an analysis of the fall zone of the proposed tower.
14
(g) Before the issuance of a building permit, the following supplemental information shall be submitted:
I. A copy of the FAA's response to the submitted "Notice of Proposed Construction or Alteration"
2.
(FAA Form 7460-1) shall be submitted to the Planning Director.
3.
Proof of compliance with applicable Federal Communications Commission regulations; and,
compliance with the municipality's structural and electrical standards.
A report from a qualified and licensed professional engineer which demonstrates the tower's
4.
5.
Approval of the Department of Commerce.
Proof of the issuance of access pennits as may be required from other government jurisdictions.
(4) General Approval Standards
Generally, approval of a wireless communications facility can be obtamed if the following items are met:
The location of proposed tower is compatible with the Comprehensive Plan and Zoning Ordinance
All efforts to locate on an existing tower have not been successful or legally/physically possible.
Thc submitted site plan complies with the performance criteria set in these regulations.
The proposed facility/tower will not unreasonably interfere with the vicw from any public park, natural
scenic vista, historic building or district, or major view corridor.
The lowest six (6) feet of the facility/tower be visually screened by trees. large shrubs, solid walls, or
fences and/or nearby buildings.
The height and mass of the facilityltower does not escced that which is essential for its intended use and
public safety
The owner of the wireless communication facility has agreed to permil other persondcellular providers
to attach cellular antenna or other communications apparatus which do not interfere with the primary
The proposed site presents fewer or less severe impacts than any feasible alternative site.
purpose of the facility.
There exists no other existing facility/tower that can reasonably sen'c the needs of the owner of the
proposed new facility/tower.
The proposed facility/tower is not constructed in such a manner as to result in needless height, mass,
and guy-wire supports.
The color of the proposed facility/tower will be of a light tone or color (except where required otherwise
by thc FAA) as to minimize the visual impact and that the tower will have a security fence around the
tower base or the lot where the tower is located.
The facilityltower is in compliance with any other applicable local, state, or federal regulations.
For new lower facilities, that all equipment for the petitioner and all potcntial co-locators is housed in
one building, to be designed and built by the petitioner.
15
S1'Al.k. UP WIS:L'UN>IN)
) ss.
I. Milwaukee County ) - Official Notice 8
COMMON COUNCIL - CITY OF MUSKEGO
-0
ORDINANCE 11038
AN ORDINANCE TO CREATE
OFTHE MUNICIPALCODE OF THE
CHAPPER 36
CITY OF MUSKEGO
M wireless Facilltwsl
MUSKEGO. WAUKESHACOLJNTY. WISCONSIN.
THE COMMON COLJNCIL OF THE CITY OF
DO ORDAIN AS FOLLOWS.
dthe City ofMuskego. Wiseonsm IS hereby created
SECTION 1: Chapter 36 of the Municipal Code
as adopted by Ordinance 11038. a5 amended. ,
SECTION 2: A copy of said ordinance hos been i
On file in the Office of the City ClerkTreaaurer and
men to oublic insmxction for not less than Lwo .'
ieeks prkr to the dote or lhis Ordinance and said
Ordinance 13 hereby incorporated into the Munici. i
pal Code oflhe Cily.
nunce are declared Lo be severvble. lfany section Or
SECTION 3: The severnl sectmns of this ordi-
portion thereofshnll bedeclared by a dertsion ofn t
court ofromptent jurisdiction to be invnhd. unlaw- ;
ful. or unenforceable. such decwon shall apply only I
to the specific section or portion lhereof directly
specified m the decision. and not affect the valldity
orall other provisions. E~CL~~~S 01 porrion thereof or
Lhe ordlnvnce whwh shall remain in full force and
erred Any other ordinance whore terms conflict
wllh the provisions of this ordinance are hereby
repded nr to those terms that conflict.
SECTION 4: Thin ordinance shall be in lull force
and erred upon passage and publientmn.
PASSED AND APPROVED THIS 22nd DAY OF
AUGUST, 2000 CITY OF MUSKEGO
David L. DeAngelis. Mayor ~
ATEST.
ClerkTrevrurer
sume booczylc oelng uu~y SWUIU, uutu U~JUSG UIU
say that she is an authorized reprcsentative of The
MUSKEGO SUN, a newspaper
published at MUSKEGO,
Wisconsin and that an advertisement of which the annexed
is a true copy, taken from the said paper, was published
therein on
....
....
. . , . , . , ..................
........ ...
................ ..........
(Signed). ...
BO PER
Subscribed and sworn thisd!.o?t. .day
Of. ................... ., 20.*
........
Notary Public,
My Commission expires. ................... 7-1 7 -0 3
COMMON COUNCIL - CITY OF MUSKEG0
ORDINANCE #lo38
/
AN ORDINANCE TO CREATE CHAPTER 36 ,o/
OF THE MUNICIPAL CODE OF THE CITY OF MUSK '0
(Wireless Facilities)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO.
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 36 of the Municipal
SECTION 2: A copy of said Ordinance
Treasurer and open to public inspection
this Ordinance and said Ordinance is
the City.
SECTION 3: The several
any section or portion
jurisdiction to be
the specific
hereby created as adopted by Ordinance #1038.
publication.
PASSED AND DAY OF ,2000,
CITY OF MUSKEG0
David L. De Angelis, Mayor
First Reading:
Published on the day of ,2000.
ATTEST
Clerk Treasurer
8/2000jrnb
36:OO.OO -WIRELESS COMMUNICATIONS FACILITIES SITING
36:Ol INTRODUCTION
Title
These regulations shall officially be known, cited, and referred to as the Wireless Communication Facilities Siting
Ordinance of the City of Muskego (hereinafter “these regulations”).
Authority
(a) This Ordinance is adopted under the authority of the Federal Telecommunications Act of 1996, Wisconsin
Statutes 62.23, and the Zoning Ordinance of the City of Muskego.
(b) The Plan Commission is vested with the authority to review, approve, conditionally approve, and
disapprove applications for wireless communication facilities, including sketch, preliminary, and final
plans.
Jurisdiction
the corporate limits of the municipality or outside the corporate limits as provided by law. No wireless
These regulations apply to all Wireless Communications Facilities, as defined in Section 36:2.02, located within
Commission, and where applicable a Conditional Use Grant approval by the Plan Commission.
communications facility may be constructed without a Business Site and Operations Plan approval from the Plan
Findings
Wireless Communications Facilities and Wireless Personal Communications Services comprise a rapidly
growing segment of the utilities and communications sector, and have merit and value for the City of
Muskego and the region as a whole.
The use of wireless services has grown 20% to 30% annually on a national basis since 1991, and it is
estimated that half of all households will utilize wireless service in the year 2000.
provide useful portable communications services for personal convenience, commerce, and emergency
Wireless Communications Facilities are supportive of the public health, safety, and welfare in that they
Police and emergency services are using portable wireless services more and more, to communicate in
purposes.
time of crisis and natural disaster.
The Zoning Ordinance of the City of Muskego was adopted before the emergence of personal wireless
communication technologies, and therefore appropriate codes do not exist.
The Federal Communications Commission requires license holders to provide coverage to areas within
Certain timeframes where wireless communications licenses have been acquired; Wireless communication
providers are required to furnish quality communications services to meet the growing needs of both the
public and businesses.
Delays and uncertainty in the permit process which result From a lack of clear standards are an
unreasonable limitation upon wireless service providers.
The City of Muskego Plan Commission and Common Council undertook a deliberate process to establish
policies, standards, guidelines, and ordinances regarding the siting of tower structures and antenna arrays
for wireless communications.
The Federal Telecommunications Act of 1996 preserves local zoning authority to reasonably regulate
Wireless Communications Facilities, provided however, that localities may not unreasonably discriminate
among Federal Communications Commission license holders, and that localities may not prohibit or have
the effect of prohibiting Wireless Communications Facilities.
The Federal Communications Commission has sole jurisdiction over the radio frequency emissions of
Wireless Communications Facilities so long as said facilities meet the standards thereof.
2
(7) Purpose
In order to protect the public health, safety, and general welfare of the community. while accommodating
the communication needs of residents and business these regulations are necessary to:
facilitate the provision of wireless telecommunication services to the residents and businesses of the
municipality;
minimize adverse visual effects of towers through careful design and siting standards;
encourage the location oftowers in non-residential areas through performance standards and incentives;
avoid potential damage to adjacent properties from tower failure through structural standards and setback
provide mechanisms for the mitigation of tower proliferation through tower sharing requirements for all
requirements.
new tower applicants and those existing towers that are physically capable of sharing.
allow competition in wireless communications services
encourage the provision ofadvanced communications services to the community
enable the City of Muskego to discharge its public trust consistent with the rapidly changing Federal and
State regulatory environment, indushy competition, and technological development.
(8) Enactment
(9) In order that wireless communications facilities may be constructed in accordance to these purposes and policies,
these regulations are hereby adopted by the City of Muskego Common Council, and made effective as of (date of
enactment).
(10) Interpretation, Conflict, and Severability
(a) Intemretation. In their interpretation and application, the provisions of these regulations shall be held to
be the minimum requirements for the protection of public health, safety, and general welfare. These
regulations shall be construed broadly to promote the purposes lor which they are adopted.
(b) Conflict. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule
or regulation, statute, or other provision of law except as authorized by applicable federal or state law and
as provided in these regulations. Except to the extent that the City of Muskego is not authorized or is
prohibited by applicable federal or state law from imposing higher or more restrictive standards, where
any provision of these regulations imposes restrictions different from any other ordinance, rule or
regulation, statute, or other provision of law, the provision which is more restrictive or imposes higher
standards shall govern.
(c) Severabilitv. If any part or provision of these regulations or the application of these regulations to any
judgement shall be confined in its operation to the part, provision, or application directly involved in the
service provider or circumstances is adjudged invalid by any court of competent jurisdiction, the
COnROVerSy in which the judgement shall be rendered and it shall not affect or impair the validity of the
remainder of these regulations or the application of them to other service providers or circumstances. The
Common Council of the City of Muskego hereby declares that it would have enacted the remainder of
these regulations even without any such part, provision, or application which is judged to be invalid.
3
36.02 DEFINITIONS
(1) Usage
(a) For the purpose of these regulations, certain abbreviations, terms, and words shall be used, interpreted,
(b) Unless the context clearly indicates to the contrary, words used in the present tense include the future
and defined as set forth in this Article.
tense and words used in the plural shall also indicate the singular.
(2) Words and Terms Defined
Act -The Federal Communications Act of 1934, as it has been amended from time to time, including but
not limited to the Federal Telecommunications Act of 1996, and shall include by reference all future
amendments to the Federal Communications Act of 1934.
Affiliate - When used in relation to an operator, another person who directly or indirectly owns or
controls, is owned or controlled by, or is under common ownership or common control with the operator,
or an operator's principal pattners, shareholders, or owners of some other ownership interest: and when
used in relation to the municipality, any agency, board, authority or political subdivision affiliated with the
municipality or other person in which the municipality has legal or financial interest.
Alternative Tower Structure - Man-made structures including but not limited to those resembling trees,
clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage
or conceal the presence ofantennas or towers (see also Stealth Facility).
antenna to the receiving antenna.
Analog Technology - Replicates and amplifies voice messages as they are carried from the transmining
Antenna or Antenna Array - Any system of poles, panels, whips, or similar apparatus designed for
telephonic, radio, or television communications through sending and/or receiving of electromagnetic
waves.
Antenna Height - The vertical distance measured from the base of the antenna support structure at grade
to the highest point ofthe structure. If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna height.
supports a device used in the transmining andlor receiving of electromagnetic waves.
Antenna Support Structure - Any pole, telescoping mast, tower tripod, or any other structure which
property or someone who is representing the owner, such as a tenant, licensee, operator, builder,
Applicant - A person who applies for a wireless facility siting. An applicant can be the owner, of the
developer, optional purchaser, consultant, or architect.
Broadcast - To transmit information over the airwaves to two or more receiving devices simultaneously.
communications networks.
Information can be transmitted over local television or radio stations, satellite systems or wireless data
Cell Site - A tract or parcel of land or structure that contains a wireless communication facility and, if
applicable, its support sbvcture, accessory buildin&), and parking, and may include other uses associated
Cellular Service - A telecommunications service that permits customers to use wireless, mobile
with an ancillary to wireless communications transmission.
telephones to connect, via low-power radio transmission cell sites, either to the public switched network
or to other mobile phones.
Cellular Communicalions - A commercial Low Power Mobile Radio Service licensed by the Federal
Communications Commission (FCC) to providers in a specific geographical area in which the radio
frequency specmun is divided into discrete channels which are assigned in groups to geographic cells
within a service area and which are capable of being reused in different cells within the service area.
Cellular Communications Facility - The equipment and structures involved in receiving wireless
communication or radio signals from mobile radio communications sources and transmining those signals
to a central switching computer which connects the mobile unit with other mobile units or land-based
telephone lines.
Co-location - The Location of wireless communications facilities of more than one provider on a single
site.
Common Carrier - An entity licensed by the FCC or a state agency to supply local and/or long distance
telecommunications services to the general public at established and stated prices.
Communication Tower - A guyed or un-guyed, monopole, lanice or other Self-Supporting tower,
constructed as a free standing structure or in association with a permanent structure or equipment,
containing one or more antennas intended for transmitting and/or receiving television, AWM radio,
4
digital, microwave, cellular, telephone, paging, wireless internet, data, or similar forms of electronic
communication.
and / or receives radio frequencies signals. Communications facilities include structures, towers and
Communications Facility - An appurtenance supporting antennas and I or microwave dishes that sends
accessory buildings.
Communications Transmission System or Communications System - A wired communication
transmission system, open video system, or wireless communications transmission system governed by
these regulations.
Comprehensive Plan - The current adopted Comprehensive Plan of the City of Muskego.
Digital Technology - branch of knowledge that converts voice and data messages into digits that
represent sound intensities at specific points oftime and data content.
Directional Antenna - An antenna or array of antennas designed to concentrate a radio signal in a
particular area.
Dish Antenna - A dish-like antenna used to link communications sites together by wireless Dansmission
of voice or data. Also called microwave antenna or microwave dish antenna.
FAA - Federal Aviation Administration.
FCC - Federal Communications Commission.
Guyed Tower - A communication tower that is supported, in whole or in part, by guy wires and ground
Frequency - The number of cycles completed each second by a sound wave; measured in hertz (Hz).
anchors.
Height - The vertical measurement from a point on the ground at the mean finished grade adjoining the
highest point ofthe building or structure.
foundation as calculated by averaging the highest and lowest finished grade around the structure, to the
support communications equipment.
Lattice Tower - A guyed or self-supporting three or four sided, open, steel frame structure used to
operate its wireless facility within the specified boundaries which may include the City of Muskego in
License - The rights and obligations extended by the FCC to an operator to own, consttuct, maintain, and
whole or in part.
Line of Sight -The direct view ofan object from a designated location.
Microwave - Electromagnetic radiation with frequencies higher that 1,000 MHz; highly directional signal
used to transmit radio frequencies from point-to-point at a relatively low power level.
communication sites together by wireless transmission of voice or data.
Microwave Antenna - A dish-like antenna manufactured in many sizes and shapes used to link
and ground anchors.
Monopole Tower - A communication tower consisting of a single pole, constructed without guy wires
Omni-directional Antenna - An antenna that is equally effective in all directions and whose size varies
with the frequency and gain for which it was designed.
Operator - A person or entity that owns or operates a wireless communications facility.
Owner - The owner of the title to real property or the contract purchaser of real property of record, as
contract purchaser whose name does not appear in the latest assessment records, but who presents to the
shown on the latest assessment records of the City of Muskego. Owner also includes a deed holder or
municipality a copy of a deed or contract of sale showing date, book, and page of recording.
Parabolic Antenna - Also commonly known as a satellite dish antenna. A bowl shaped antenna designed
for the reception or transmission of radio Gequency communication signals in a specific directional
pattern.
Personal Communications Services or PCS - Digital wireless technology such as portable phones,
pagers, faxes, and computers. Such mobile technology promises to allow each consumer the same
telephone number wherever he or she goes. Also known as Personal Communication Network (PCN).
Public Property - Any real property, easement, air-space, or other interest in real estate, including a
street, owned by or controlled by this municipality or any other govemmental unit.
Roof, Existing Structure, and/or Building Mount Facility - A communications facility in which
antennas are mounred to an existing structure, such as a building, silo, utility pole, water tower, existing
telecommunications tower, and which may be on the roof (including rooftop appurtenances), building
face, side or elsewhere on the existing structure.
Scenic View - A specific location, area, or corridor that consists of:
I. a three dimensional area extending out from a particular viewpoint, focusing on a single object or
group of objects, such as a ridge line or a grouping of trees, resulting in an aesthetically pleasing
view.
5
2.
observer, constraining the view into a narrow or particular field.
lateral terrain features such as valley sides or woodland as observed to either side of the
anchors.
Self-Supported Tower - A communication tower that is constructed without guy wires and ground
Stealth Facility - Any communications facility which is designed to blend into the surrounding
Spectrum -Relating to any transmissions or reception of electromagnetic waves.
environment. Examples of stealth facilities may include architecturally screened roof-mounted antennas,
building-mounted antennas painted to match the existing structure, antennas integrated into architectural
elements, and antenna structures designed to look like light poles. (See also Alternative Tower
Structure).
System -The communications transmission system operated by a an operator.
Telecommunications - The transmission, between or among points specified by the user, of information
of the user's choosing, without change in the form or content of the information as sent and received.
Tower - any structure that is designed and constructed primarily for the purpose of supporting one or
more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term
includes radio and television transmission towers, microwave towers, common-carrier towers, cellular
telephone towers, alternative tower structures, and the like.
View Corridor - (See also Scenic View).
other structures intended for use in connection with transmission or receipt of radio or television signals,
Wireless Communication Facility - An all encompassing defmition; Any towers, poles, antennas or
or any other spectrum-based transmissions/receptions.
Whip Antenna - An antenna that transmits signals in 360 degrees. Whip antennas are typically cylindrical
directional, stick or pipe antennas.
in shape and are less than 6 inches in diameter and measure up to 18 inches in height. Also called omni-
6
36.03 ADMINISTRATION AND ENFORCEMENT
(1) Administration and Enforcement Officer
Planning Director Designated: The Planning Director is hereby designated as the administrative and
enforcement officer for the provisions of this Ordinance. For such duties he may be provided with the
assistance ofsuch additional persons as the Common Council may direct.
Duties: In the enforcement ofsaid Ordinance the Planning Director shall perform the following duties:
I.
provisions ofthis ordinance and provided its provisions and those of the building code have been
Issue the necessary Zoning Use Permits and I or Conditional Use Grants required by the
complied with.
2. Keep an accurate record ofall permits, numbered in the order of issuance.
3.
actual violator where known, owner of the property on which the violation has taken place and
In case of any finding of a violation of a provision of this ordinance, notify in writing of the
indicating the nature of the violation and the action necessary to correct it.
4. Carry out such additional responsibilities as are hereinafter set forth by the provisions of this
ordinance.
Authority: In the enforcement of said Ordinance, the Planning Director shall have the power and
authority for the following:
I. At any reasonable time and for any proper purpose to enter upon any public or private premises
2. Upon reasonable cause or question as to proper compliance, to notify of violations and initiate
and make inspection thereof.
penalty actions as described in Section 36.03.08 requiring the cessation of any building, moving,
alteration or use which is in violation of the provisions of this ordinance, such revocation to be in
effect until reinstated by the Planning Director or the Board of Appeals; or take any other action
as directed by the Common Council to insure compliance with or to prevent violation of its
provisions.
3. In the name of the City and with authorization of the Common Council commence any legal
proceedings necessary to enforce the provisions of this Ordinance or the building code including
the collection of forfeitures provided for herein.
(2) Permits
within the City of Muskego until a Building Site and Operation Plan, a Conditional Use permit where
Permit Reauired: No wireless communications facility shall be erected, structurally altered, or relocated
applicable, has been issued by the Planning Director, and a building permit has been issued by the
Building Inspector certifying that such building or structure as proposed, would be in compliance with the
provisions ofthis ordinance and with the Building Code ofthe City.
where applicable, shall be made in conformity with the Zoning Code and this Chapter. An application for
Permittine Procedure: An application for a Building Site and Operation Plan and Conditional Use Grant
a Building Permit shall be accompanied by the applicant’s approved Building Site and Operation Plan and
Conditional Use Grant if applicable, and shall be made in conformity with the requirements of the
Building Code ofthe City ofMuskego.
Permit Expiration: If within eighteen (18) months of the date of application, no Occupancy Permit has
been issued any Building Permit and Zoning Permit related thereto shall lapse and the Planning Director
shall make immediate investigation to ascertain that no use or occupancy has in fact commenced without
proper authority. Upon showing of valid cause, the Planning Director may grant an extension of such
permit for a period not to exceed 6 months.
Temporaw OccuDancv and Use Permit: Pending the issuance of a regular permit, a temporary permit may
be issued by the Plan Commission upon recommendation of the Planning Director and City Engineer for
a period not exceeding 6 months during the completion of alterations or during partial occupancy of a
building pending its permanent occupations. Such temporary permit shall not be issued except under such
restrictions and provisions as will adequately insure the safety of the occupants. A temporary permit shall
7
be voided if the building fails to conform to the provisions of this ordinance to such a degree as to render
it unsafe for the occupancy proposed.
Relation to Official Zoning Map
(a) Districts MaDDed: The City ofMuskego is divided into zoning districts as shown upon a map designated
as the Zoning Map ofthe City of Muskego and made part of Chapter 17 of the Municipal Code, and all
the notations, references and other information shown thereon shall be as much a part of this Ordinance as
if the matters and information set forth by said map were all fully described herein.
(b) Performance Standards: All wireless communications facilities shall adhere to the zoning and use
performance standards described in 36:04.
Scenic Views and View Corridors Established
(a) The following areas are designated as Scenic Views as defined in Section 36:02.02:
I. Big Muskego Lake Wildlife Area
(b) The following areas are designated as View Conidors as defined in Section 36:02.02:
I. The following corridors measured parallel to the right-of-way and measuring a distance 400 feet
from the edge of the ultimate right-of-way, as illustrated in the adopted Street System Plan for
the City of Muskego:
a.
b.
d.
e.
f.
g.
h.
C.
County Trunk Highway HH / College Avenue
County Trunk Highway 00 I North Cape Road
Crowbar Road
Hillendale Drive
Durham Drive
Tans Drive
Tess Comers Drive
Woods Road
2. The following corridors measured parallel to the right-of-way and measuring a distance 600 feet
from the edge of the ultimate right-of-way, as illustrated in the adopted Street System Plan for
the City of Muskego:
a. County Trunk Highway L I Janesville Road
b. County Trunk Highway 0 I Moorland Road north ofJanesville Road
C. County Trunk Highway Y I Racine Avenue
d. Moorland Road extension, between Janesville Road and Woods Road
e. State Trunk Highway 36 I Loomis Road
f. State Trunk Highway 45
(c) All Scenic Views and View Corridors established by this Ordinance shall be mapped and all the notations,
references and other infomation shown thereon shall be as much a part ofthis Ordinance as ifthe matters
and information set forth by said map were all fully described herein.
Exemptions
(a) The following are exempt from the provisions of this Ordinance:
I. Emergency wireless communications facilities used for emergency communications by public
2. Amateur (ham) radio stations licensed by the Federal Communications Commission.
3. Parabolic antennas less than three (3) feet in diameter.
officials.
Amendments
For the purpose of protecting the public health safety, and general welfare, the Plan Commission or Common
Council may from time to time propose amendments to these regulations which may be acted on by the Common
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Council at a public meeting following any public notice as required by Wisconsin Statutes for an amendment to a
evolving and changing quickly, future innovations may reduce the impacts of individual facilities and render
zoning ordinance, in a manner similar to a zoning ordinance. Realizing that communication technologies are
portions of these regulations obsolete. Therefore, periodic review and revision of these regulations will be
necessary.
(8) Violations and Penalties
(a) Penalties: Any person, firm, company, or corporation who violates, disobeys, omits, neglects refuses to
comply with, or who resists the enforcement of any of the provisions of this ordinance, shall be subject to
a forfeiture for each offense as may be determined by Resolution of the Common Council, together with
the costs of the action. Each day that a violation is permitted to exist shall constitute a separate violation
and be punishable as such.
(b) Enforcement Bv Iniunction: Compliance with the provisions of this Ordinance may also be enforced by
injunction order at the suit of the City or one or more owners of real estate situated within an area affected
by the regulations ofthis ordinance.
(c) Declared Nuisances: Any building erected, structurally altered, or placed on a lot, or any use carried on in
violation of the provisions of this ordinance is hereby declared to be a nuisance per se, and the City may
apply to any Court of competent jurisdiction to retrain or abate such nuisance.
(9) Appeals
(a) Petitioners requesting approval ofa wireless communications facility who are aggrieved by a decision of
the Plan Commission or its administrative oflicen relating a basic zoning regulation may appeal said
decision to the Zoning Board of Appeals. The Zoning Board of Appeals shall hear said cases in
accordance with Chapter 17 of the Municipal Code.
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36:04 GENERAL PERFORMANCE STANDARDS
Co-Location Requirements
the communications equipment planned for the proposed tower cannot be accommodated on an existing or
A proposal for a new wireless communication tower shall not be approved unless the Plan Commission finds that
approved tower or structure within a one mile search radius 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 or
structure, as documented by a qualified and licensed professional engineer, and the existing or approved
tower or structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent
(b) The planned equipment would cause interference materially impacting the usability of other existing or
equipment at a reasonable cost.
planned equipment at the tower or building as documented by a qualified and licensed professional
engineer and the interference cannot be prevented at a reasonable cost.
(c) Existing or approved towers and structures within the search radius cannot accommodate the planned
equipment at a height necessary to function reasonably as documented by a qualified and licensed
professional engineer.
Tower and Antenna Design Requirements
Proposed or modified wireless communications towers and antennas shall meet the following design requirements:
(a) All wireless communications facilities proposed to be located within the Big Muskego Lake Wildlife Area
shall be located on an existing tower structure or shall be Stealth Facilities
(b) All wireless communications facilities proposed to be located within a designated Scenic View or View
Corridor shall be located on an existing tower structure or shall be Stealth Facilities as described in
(c) Towers and antennas shall be designed to blend into the surrounding environment through the use of color
Section 2.02.
and other camouflaging architectural treatments, except in instances where the color is dictated by federal
or state authorities such as the Federal Aviation Administration.
(d) Towers shall be designed structurally, electrically, and in all other respects to accommodate both the
applicant's antennas and comparable antennas for at least three additional users if the tower is over I50
feet in height; at least two additional users if the tower is between 100 feet and 150 feet in height; or at
least one additional user if the tower is between 60 and 99 feet in height. Towers must be designed to
allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying
heights.
(e) Wireless communication service towers shall be of an un-guyed monopole design. Lattice towers and
guyed monopole towers shall be prohibited unless the Plan Commission determines that an such
alternative designs would better blend in to the surrounding environment.
Accessory Uses and Accessory Structures
All accessory uses and structures associated with Wireless Communications Facilities shall comply with the
following:
(a) Ground mounted equipment including bur not limited to equipment cabinets and generators shall be
enclosed in a structure which is architecturally designed to be of residential character and screened from
complements the architectural character ofthe surrounding neighborhood. Only one such structure shall
view by suitable vegetation, except where a design of non-vegetative screening bener reflects and
be permitted per site; all co-locators must be housing within a common structure.
(b) All utility buildings and structures accessory to a wireless communications tower shall be architecturally
designed to be of residential character and shall meet the minimum setback requirements of the underlying
(c) No outdoor storage shall be permitted at any wireless communications tower site, unless specifically
zoning district.
identified and approved in a Building Site and Operation Plan.
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(4) Zoning and Use
(a) All wireless communications facilities shall be permitted in certain zoning districts either: (1) by right
following Building Site and Operation Plan approval by the Plan Commission, or (2) by conditional use
following Conditional Use Grant approval by the Plan Commission, and shall comply with the following
basic zoning district regulations:
b) new. replaecmml, or colocation af
antcma my5 0” appmved lower melure
NOTES: a May be modiIicd by 00s Ofice and Special Service Overlay District. OIP Institutional and Public Service Overla)
May be madlfied by OIP Institutional and Public Service Overlay District
Service Overlay District.
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S Highway
Lighting
(a) Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting
particular tower.
is specifically required by the Federal Aviation Administration or other federal or state authority for a
(b) Site lighting shall be permitted in accordance with the standards identified in the City of Muskego Manual as adopted by Plan Commission Resolution #PC 244-97.
Interference with Public Safety Communications
No new or existing telecommunications service shall interfere with public safety telecommunications. All
applications for new service shall be accompanied by an inter-modulation study which provides a technical
evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the
introduction of new service or changes in existing service, telecommunication providers shall notify the
municipality at least ten calendar days in advance of such changes and allow the municipality to monitor
interference levels during the testing process.
Use and Occupancy of Public Rights-of-way
The overhead, underground, or surface use and occupancy of public streets, alleys, rights-of-way, parks or other
public spaces by wireless communications service providers is prohibited without a valid right-of-way occupancy
permit. Requests for such permits by wireless communications service providers shall be processed in accordance
with the requirements of Chapter 8 of the Municipal Code, and the Common Council’s policies related thereto.
Signs and Advertising
The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
Noise
All noises emanating from Wireless Communications Facilities, including their accessory structures and uses, shall
be prohibited as described by Chapter 9, Section 9.05 ofthe Muskego Municipal Code.
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36:05 ANNUAL REVIEW OF WIRELESS COMMUNICATIONS TOWERS
(I) Testing and Testing Protocols
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(a) Testing Required: Wireless Communications Facilities, individually or in combination with other such
facilities, are not permitted at any time to produce power densities in an inhabited area which exceed the
FCC-adopted standard for human exposure, as amended. All wireless communications facilities shall be
tested on no less than an annual basis to determine if the facilities are in compliance with all applicable
regulations. Facilities that are in existence prior to the adoption of this Code shall be tested within three
(3) months of the adoption of this Code. All such testing shall be performed at the direction of the City,
and cost of such testing shall be borne by the owners of the facilities.
(b) Procedures and Protocols: The City Engineer is directed to obtain annual tests of all Wireless
Communications Facilities for Non-ionizing Electromagnetic Radiation (NEIR) calculations. All such
tests shall be performed at 100% duty cycle or at full output. Copies of all test results shall remain on tile
this Code. The Plan Commission shall review the City Engineer’s recommendations and may from time
in the ofice of the City Engineer. Violations shall be addressed in accordance with Section 36:03.08 of
to time promulgate rules for the annual testing procedure.
(2) Abandoned or Unused Towers or Tower Facilities
(a) AMual Review: On or before July I of each calendar year, the owner of a wireless communications tower
shall file annually a declaration with the Muskego Planning Department as to the continuing operation of
every locator and co-locator installed subject to these regulations. Failure to do so may result in a
determination by the City that that the facility is no longer in use and considered abandoned.
(b) Non-Use of facilities: A wireless communications tower that is not operated for a continuous period of
six (6) months shall be considered abandoned unless a Building Site and Operation Plan or Conditional
be constructed.
Use Grant has been approved by the Plan Commission within the past 18 months, and said facility is yet to
a (c) Abandoned towers shall be removed as follows:
I. The City shall notify the owner of an abandoned wireless communications tower in writing and
2.
order the removal of the facility within ninety (90) days of the receipt of the written notice.
The owner of the facility shall have thirty (30) days from the receipt of the written notice to
demonstrate to the City that the facility has not been abandoned.
wireless communications tower and associated facilities may be removed by the City and the
costs of removal seized from the surety, if applicable. Costs for removal may include all
reclamation costs deemed necessary by the City to return the site to its pre-construction
condition, including but not limited to road removal and establishment of vegetation. Costs for
removal which are in excess of sureties provided in accordance with Section 36:06.02(7) of this
Code shall be assessed against the property.
3. In the event that a tower is not removed within 90 days of the receipt of written notice, the
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36:06 WIRELESS COMMUNICATION FACILITY APPLICATION PROCEDURE 8 APPROVAL PROCESS
(.I) General Procedure
The submission ofapplications for wireless communications facilities shall follow the same application procedure
as detailed in the City of Muskego Zoning Ordinance for Building Site and Operation Plan and / or Conditional
Use Grant and as detailed in this Ordinance,
(2) Business Site and Operation Plan Supplemental Requirements
Operation Plan submittal, site plans for wireless communications facilities shall include the following supplemental
In addition to the requirements found elsewhere in the City of Muskego Zoning Ordinance for Building Site and
information:
Plat of Survey at a scale of I” = 50’
Site plan of entire development, indicating all improvements including landscaping and screening, and
illustrating the location and approximate size and height of all buildings and structures within 500 feet
adjacent to the proposed wireless communication facility.
Elevations showing all facades, indicating exterior materials and color of the shucture(s) on the proposed
site.
Documentation of the petitioner’s right, tirle, or interest in the property where the facility is proposed to
be sited, including name and address of the property owner and applicant.
Color photo simulations of the proposed facility taken from perspectives determined by the Planning
sight, elevation, and date. The photos shall also illustrate the color ofthe facility and proposed screening.
Director of his designee during a pre-application conference. Each photo shall be labeled with the line of
A form of surety approved by the Finance Committee and Common Council to pay for the cost of
Fees and developers deposits in amounts approved by the Finance Committee and Common Council.
removing the facility if it is abandoned.
A list of all property owners within 300 feet ofthe property on which the facility is proposed.
A report from a qualified and licensed professional engineer which:
2. documents the height above grade for all potential mounting positions for co-located antennas
3.
and the minimum separation distances between antennas;
describes the tower or structure capacity, including the number and type of antennas that it can
accommodate;
5.
telecommunications;
6.
includes an engineer’s stamp and registration number;
7.
includes safety considerations;
includes other information necessary to evaluate the request.
8.
the corporare limits of the City of Muskego illustrated in a USGS 7.5 minute topographic map.
includes a master plan for all related facilities within the community and within one (I) mile of
Such plan shall also illustrate the location of all structures and wireless communications
facilities which are 80 feet or more in height above ground level which are within five (5) miles
of the proposed facility.
and / or facilities which would provide the proposed wireless communications service. The
intention ofthe alternatives analysis is to present different strategies which minimize the number,
size, and adverse impact of facilities which are necessary to provide the service to the City. The
analysis shall address the potential for co-location and the potential to locate facilities as close as
possible to the intended service area. It shall also explain the rationale for selection of the
proposed site in view of the relative merits of any of the feasible alternatives. The City may
require independent verification of the petitioner’s analysis at the petitioner’s expense.
I. describes the tower or structure height and design including a cross section and elevation,
4. documents what steps the applicant will take to avoid interference with established public safety
9. an alternatives analysis which identifies all reasonable, technically feasible, alternative locations
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(3) Conditional Use Grant Supplemental Requirements
In addition to the requirements found in Section 5.02 of this Ordinance and elsewhere in the City of Muskego
Zoning Ordinance for Building Site and Operation Plan submittal, Conditional Use Grant applications for wireless
communications facilities shall include the following supplemental information:
(a) An Agreement in a form acceptable to the City Attorney committing the tower owner and his or her
successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable
terms and conditions for shared use. All such Agreements shall be in a recordable format, and upon
approval of the Conditional Use Grant shall be recorded with the Waukesha County Register of Deeds at
tower owners expense.
(b) Where co-location is found to be an alternative in the engineer's analysis, evidence that the petitioner has
made diligent good faith efforts to negotiate co-location on an existing facility, building, or structure, and
(c) Identification of districts, buildings, sites, structures or objects of historical significance that are listed or
has been denied access.
(d) A form of surety approved by the Finance Committee and Common Council to pay for the cost of
are eligible to be listed in the National Register ofHistoric Places.
(e) A list of all property owners within 300 feet of the property on which the facilily is proposed,
removing the facility if it is abandoned.
(0 A report 6om a qualified and licensed professional engineer which includes an analysis of the fall zone of
(g) Before the issuance of a building permit, the following supplemental information shall be submitted:
the proposed tower.
I.
(FAA Form 7460- I) shall be submitted to the Planning Director.
A copy of the FAA's response to the submitted "Notice of Proposed Construction or Alteration"
2. Proof of compliance with applicable Federal Communications Commission regulations; and,
3. A report from a qualified and licensed professional engineer which demonstrates the tower's
4. Approval of the Department of Commerce.
5. Proof of the issuance of access permits as may be required from other government jurisdictions.
compliance with the municipality's structural and electrical standards.
(4) General Approval Standards
Generally, approval of a wireless communications facility can be obtained ifthe following items are met:
The location of proposed tower is compatible with the Comprehensive Plan and Zoning Ordinance
The submitted site plan complies with the performance criteria set in these regulations.
All efforts to locate on an existing tower have not been successful or legallylphysically possible.
The proposed facilityltower will not unreasonably interfere with the view from any public park, natural
scenic vista, historic building or disbict, or major view corridor.
The lowest six (6) feet of the facilityltower be visually screened by trees, large shrubs, solid walls, or
fences and/or nearby buildings.
The height and mass of the facilityltower does not exceed that which is essential for its intended use and
public safety.
The owner of the wireless communication facility has agreed to permit other personslcellular providers to
attach cellular antenna or other communications apparatus which do not interfere with the primary
The proposed site presents fewer or less severe impacts than any feasible alternative site.
purpose ofthe facility.
There exists no other existing facilityltower that can reasonably serve the needs of the owner of the
proposed new facilityltower.
The proposed facilityltower is not constructed in such a manner as to result in needless height, mass, and
guy-wire supports.
The color of the proposed facility/tower will be of a light tone or color (except where required otherwise
by the FAA) as to minimize the visual impact and that the tower will have a security fence around the
tower base or the lot where the tower is located.
The facilityltower is in compliance with any other applicable local, state, or federal regulations.
building, to be designed and built by the petitioner.
For new tower facilities, that all equipment for the petitioner and all potential co-locators is housed in one
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OONO 000
SO00 sss
0 -n
SECTION 2: The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent jurisdiction
to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section
or portion thereof directly specified in the decision, and not affect the validity of all other
provisions, sections or portion thereof of the ordinance which shall remain in full force and
effect. Any other ordinance whose terms conflict with the provisions of this ordinance are
hereby repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect upon passage and publication,
PASSED AND APPROVED THIS DAY OF ,2000.
CITY OF MUSKEG0
David L. De Angelis, Mayor
First Reading:
Cover Ordinance Published on the
day of ,2000.
ATTEST.
Clerk Treasurer
8l2000jmb
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