Chapter 17.108
USE REGULATIONS
Sections:
17.108.070 Public utility uses.
17.108.080 Foster homes and guardianships.
17.108.095 Telecommunication towers, antennas and related facilities.
17.108.010 Uses restricted.
In any district, no building or land shall be used and no building shall be hereafter erected or structurally altered except for one or more of the uses stated for that district and in compliance with the regulations established for that district except transportation and pedestrian connections and recreational trails which are consistent with the goals and objectives of the City Master Plan or elements thereof in order to permit the trail system’s construction in all base zoning and overlay zoning districts. (Ord. 2111-07 § 2, 2007: prior code § 17.09(1))
17.108.020 Accessory uses.
In any district, accessory buildings and uses customarily incident to the permitted uses in that district shall be permitted, subject to such requirements as may be designated for that district in which they are located. (Prior code § 17.09(2))
17.108.030 Unclassified uses.
Any use not specifically listed as a permitted use shall be considered to be prohibited except as may be otherwise provided. In case of question as to the classification of a use, the question shall be submitted to the plan commission for determination. (Prior code § 17.09(3))
17.108.040 Temporary uses.
A. The following uses may be permitted for a limited time upon a parcel or lot when granted a temporary use permit pursuant to the procedures provided in this section:
1. Carnivals or fairs;
2. Christmas tree/wreath sales (see Chapter 5.12);
3. Festivals or holiday markets;
4. Farmers’ markets, produce stands, food sales, and flower sales;
5. Tents erected for the display of goods for sale or trade;
6. Any other similar use determined to be temporary by the Administrator.
B. Permit Required. No person may set up, hold, or maintain a temporary use without a valid temporary use permit.
1. The following persons or events are exempt from the provisions of this chapter:
a. The City of Brookfield; or
b. A person who has received a City of Brookfield park use permit and the use will occur entirely within the park.
C. Application.
1. Information Required. The following information is required to be submitted on the City’s form:
a. The name, address, phone number, and email address of the applicant.
b. The location and description of the temporary use premises.
c. The dates and times during which the use is scheduled to take place.
d. A description of the characteristics of the use including:
i. Maximum capacity of people on the premises and expected peak attendance;
ii. Whether alcohol will be available for consumption;
iii. Whether electronically amplified outdoor sound will be utilized;
iv. Whether a tent or temporary structure to provide shelter will be used;
v. The amount of parking and sanitary facilities necessary and their availability.
e. The applicant’s signature agreeing to indemnify and hold harmless the City against any and all liability and loss from any personal injury or property damage resulting from or arising out of, in whole or in part, the use by the applicant or its employees, agents or contractors arising out of the rights and privileges granted by the use permit.
f. Proof of the insurance requirements set forth in Chapter 3.30.
2. Timing of Application. All applications shall be submitted no later than 60 days prior to the first day of the proposed temporary use.
3. Processing.
a. An application fee is required in an amount as set forth in Section 3.28.010(VV).
b. An application is incomplete without all the information required in subsection (C)(1) of this section and the application fee. The Administrator shall not process any incomplete applications.
c. The Administrator shall forward complete applications to the Police Department, Fire Department, Public Works Department, Finance Department, and City Clerk’s office for review. The Departments shall review the application and prepare findings on: traffic safety; appropriate vehicular access and circulation; available parking; public safety, including provision for security personnel, if any; generation of noise; hours of operation; accurate description of area to be used; sanitary facilities; any substantially adverse effect upon adjoining properties or public streets; the status of any alcohol license application, and the department’s and/or City’s estimated direct costs to provide staffing and/or equipment. The Departments’ findings shall be forwarded to the Administrator within 30 days of receipt of the application. Additionally, the City Attorney’s office shall confirm the sufficiency of the insurance provided.
d. The Administrator shall review the application and department findings and shall forward the application, together with their recommendation, to the Plan Commission.
e. Determination. Upon reviewing the application and the staff recommendation, the Commission may recommend approval, conditional approval, or denial of the application to the Common Council. The Council shall determine whether to adopt the Commission’s recommendation. If an application is denied, the applicant shall be notified in writing of the denial and the reasons therefor. The decision of the Common Council is the final determination, and any appeal of the Common Council’s decision shall occur within 30 days of receipt of the final determination.
D. Permit Disqualifiers. A person is not eligible for a temporary use if any of the following applies:
1. In the three years prior to the date of application, the applicant had a permit revoked under this section;
2. The permit application contains materially false information;
3. Any delinquent fees, charges, or other debts to the City owed by the applicant remain unpaid;
4. An application decision is pending or a temporary use permit has been issued for the same premises during overlapping times and dates;
5. The property does not meet the requirements for the type of use proposed; or
6. The use would violate federal, state, or local law.
E. Conditions of Permit.
1. The permittee shall keep a copy of the temporary use permit on the premises for the duration of the use.
2. The permittee shall comply with all local, state, and federal laws.
3. The permittee shall comply with any conditions imposed on the permit.
4. Property Restrictions. Tent sales may only be conducted on premises zoned with commercial uses or conditional uses and may not last more than 15 days.
5. Duration.
a. No fair, festival, or carnival shall last more than four consecutive days nor last more than six total days.
b. No person shall hold a fair, festival, or carnival for more than 12 days of the calendar year on a property.
c. The start date and end dates of any other temporary use permitted under this section shall not be more than 180 days apart.
d. The hours for a temporary use shall not extend beyond 10:30 p.m. on a weeknight and 11:30 p.m. on a weekend, with all music or sound amplification to stop at 10:00 p.m. on weeknights and 11:00 p.m. on weekends.
6. The permittee shall pay the City’s estimated direct costs of staffing and equipment at least five days prior to the start of the use. The permittee shall pay any additional extraordinary costs or costs of damage to City equipment the City incurs due to the use within 30 days of the City sending an invoice. “Extraordinary costs” shall mean costs that the City incurs due to the permittee’s misrepresentation on the application, mismanagement of the use, failure to follow the permit conditions, or disregard of lawful police orders as determined by the Finance Committee of the Common Council. The City will refund any costs collected, but not used, to the permittee. Any unpaid costs shall be charged to the property as a special charge, pursuant to Section 66.0627, Wisconsin Statutes.
F. Repeat Temporary Uses. If the applicant has received a permit for a temporary use within the past year, after receiving updated cost estimates for the City’s direct costs to provides staffing and/or equipment, the Administrator may grant a subsequent temporary use permit application for the same use without Plan Commission or Common Council review, if the prior permitted temporary use was held in compliance with this chapter, the applicant and circumstances of the use are the same without expansion or extension, and there are no permit disqualifiers referenced in subsection (D) of this section.
G. Summary Suspension.
1. Whenever the Fire Chief or Police Chief or the Administrator finds conditions in the operation of the temporary use subject to a permit under this section which in their opinion constitutes a substantial hazard to the public health, safety, or welfare, they may, without warning, notice, or hearing, immediately suspend the permit and order the use delayed, cancelled, or discontinued unless and until specific corrective action is taken within a specified time period, if applicable. Any such order, corrective actions, and time periods shall be memorialized in writing and sent to the permittee or person in charge of the use and the other aforementioned City staff as soon as possible, but no later than 24 hours from the order.
2. The permittee may, after taking corrective action, make a written request to the Administrator or the chiefs to reinstate the permit. The chiefs or Administrator may make as many additional inspections as necessary to ensure that the permittee is complying with the suspension order, and upon compliance, shall lift the suspension. The permittee shall pay the actual cost of the reinspection within 30 days. Any unpaid reinspection costs shall be charged to the property as a special charge, pursuant to Section 66.0627, Wisconsin Statutes.
3. Appeals. Any person aggrieved by any decision of the Administrator or chiefs relating to the suspension may appeal the decision to the Board of Zoning Appeals. Such appeal shall be filed with the City Clerk within 30 days after the decision to suspend the temporary use permit.
H. Permit Revocation.
1. Causes. Any permit issued under this section may be revoked by the Administrator or chiefs after written notice to the permittee and a hearing for the following causes:
a. The making of any material false statement in any application for a permit.
b. The violation of any applicable provisions of this section.
c. The temporary use is operated in such a manner that it constitutes a public or private nuisance or that conduct on or emanating from the permitted premises, including but not limited to loud and raucous noise, has had a substantial adverse effect upon the health, safety, or welfare of the immediate neighborhood.
d. The permittee has unpaid or overdue real or personal property taxes, room taxes, special assessments, special charges, special taxes, delinquent utility charges, ambulance fees, inspection fees, an outstanding judgment(s), or any other charge owed to the City.
2. Commencement of Proceedings. Suspension or revocation proceedings may be instituted by the Board of Zoning Appeals upon its own motion or upon sworn written charges made and filed with the City Clerk by the Administrator, Fire Chief, Police Chief, or Chair of the Plan Commission.
3. Procedure.
a. Upon receipt of a sworn complaint, the Board of Zoning Appeals shall direct the City Attorney to prepare a summons and have the summons and complaint served upon the permittee pursuant to Section 801.11, Wisconsin Statutes.
b. i. If the permittee fails to appear on the date and time designated in the summons, the Board of Zoning Appeals may enter a default judgment and take the allegations of the complaint to be true.
ii. If the permittee appears before the Board of Zoning Appeals at the date and time designated in the summons and denies the material charges contained in the complaint, an evidentiary hearing shall be scheduled. If the permittee appears but does not deny the material charges contained in the complaint, the complaint may be taken as true and the Board of Zoning Appeals shall hear the arguments of the complainant and, if applicable, the permittee in connection with whether to revoke or suspend the permit and the length of the suspension.
c. After default or hearing from the permittee the Board shall deliberate on what sanction, if any, to impose and render a written decision within 30 days. (Ord. 2842-23 § 1, 2023; Ord. 2790-22 § 3, 2022; Ord. 2362-14 § 2, 2014; Ord. 2247-11 § 1, 2011: Ord. 1819 § 2 (part), 2001; prior code § 17.09(3a))
17.108.050 Conditional uses.
A. Purpose. Certain uses are desirable to the community, but their use may create special circumstances or problems if allowed to develop and locate as a matter of right. To ensure that certain uses are compatible at a certain location and to protect the health, safety, and general welfare of the community, the common council finds that the conditional uses outlined in this section should not be located as a matter of right, but only after appropriate review and approval as provided in this section.
B. Definitions.
“Abandoned” means the discontinuance, vacation, non-use, or non-occupation of a conditional use.
“Department” means the department of community development.
“Property owner” means the property owner or agent.
C. Conditional Uses. The use of land and/or structures may be granted a conditional use permit upon specific authorization by the common council pursuant to the requirements of this section. Conditional uses are listed here, and in some instances, in district regulations.
1. The following may be permitted as a conditional use in all zoning districts except in the conservancy and upland conservancy districts:
a. Police stations, fire stations and police and fire radio transmitters; places for storage of municipal equipment; public administration buildings; public utility facilities, such as filtration plant, pumping station, heat or power plant, transformer station, telephone exchange, or other similar facilities; city-owned recycling centers, or city-owned parking lot.
b. Wind energy systems.
c. Cemeteries, columbaria, and mausoleums on parcels where a conditional use ordinance for such use is in effect as of January 1, 2020.
d. Except as otherwise specifically designated a permitted use in this code, where a conditional use ordinance for such use is in effect as of January 1, 2020, for the parcel:
i. Religious use buildings and accessory buildings, contingent on the buildings being solely used for activities run by the religious institution.
ii. Hospitals.
iii. Residential care facilities.
iv. Adult day care and child care centers.
v. Public or private park or playground.
vi. Schools.
vii. Clubs.
viii. Community centers.
ix. Sports venues.
e. The common council finds that the uses in this subsection are regional in nature and need a large lot area based on the intended use and the propensity to serve a larger clientele. Except as otherwise specifically designated a permitted use in this code, these uses may be granted a conditional use permit after June 20, 2020, if located on a lot greater than one hundred twenty thousand (120,000) square feet in size:
i. Religious use buildings and accessory buildings, including housing, contingent on the buildings being solely used for activities run by the religious institution.
ii. Hospitals.
iii. Residential care facilities.
iv. Public or private parks or playgrounds.
v. Schools.
vi. Clubs.
vii. Sports venues.
f. Any conditional use existing under subsection (C)(1)(d) of this section may not expand its parcel size unless the parcel expansion renders the parcel containing the use greater than one hundred twenty thousand (120,000) square feet in size.
g. In the R-2 and R-3 single-family residential zoning districts there shall be no more than one principal building on a lot, except for a religious, school, hospital, residential care facility, park conditional uses which may have more than one principal and one or more accessory buildings when the parcel is more than 120,000 square feet in size and in compliance with all other regulations such as lot coverage.
D. Pre-Application Conference. Prior to filing an application for a conditional use permit, the property owner shall request for a pre-application conference and meet with the Department to discuss the proposed conditional use. The purpose of the meeting is for City staff to provide an opportunity for an informal evaluation of the property owner’s proposal, familiarize the property owner or agent with the applicable provisions of the zoning code, infrastructure requirements, need for a traffic analysis, and any other issues that may affect the proposal. Along with the request for the pre-application conference, the property owner shall provide the department a preliminary outline of the plan and method of operation, a proposed site plan, and site data per Section 17.100.020 and city form PLN-60 so that the department may informally evaluate the proposed development. Such informal evaluation is not binding upon the applicant or the city, but is intended to serve as a guide to the property owner in making the application and advising the property owner in advance of the formal application of the issues that may be presented to the plan commission or common council. If an application is not filed within six months of the pre-application conference, the property owner shall schedule another conference with the department prior to filing the application.
E. Application.
1. The property owner shall file an application for a conditional use permit with the Department on the PLN-60 form furnished by the City, along with payment of the fee specified in Section 3.28.010(AA) and the development agreement fee specified in Chapter 15.32 if a development agreement is applicable. The Department will not accept incomplete applications and shall notify an applicant if the application is incomplete. To be considered complete, the application shall include information that the Department requires per the form as discussed during the preapplication conference and any other required fees, per the Brookfield Municipal Code.
2. Traffic Impact Analysis Required. A traffic impact analysis is required with the conditional use application whenever traffic generated by the use is expected to exceed 100 vehicles in the peak hour as indicated in the plan and method of operations statement or when the City Engineer determines after reviewing the plan and method of operation application that the development is likely to exceed the safe capacity of existing transportation facilities or will endanger property or public health and safety.
F. Scheduling. Within sixty (60) days of receipt of a fully complete application, the department or plan commission shall schedule a public hearing. The city clerk shall notify the applicant of the date and time of the applicable plan commission meeting. Class 2 notice of public hearing shall be provided as required by Section 62.23(7)(de)3, Wisconsin Statutes. The city shall notify all adjacent property owners within three hundred (300) feet of the subject property of the public hearing.
G. Neighborhood Information Meeting. If the property is adjacent to a residential use, the department shall schedule a neighborhood information meeting prior to the public hearing date. The applicant shall attend the neighborhood information meeting.
H. Procedure for Public Hearing. At the public hearing, the plan commission shall review the site, application materials, existing and proposed structures, landscaping, lighting, architectural plans, neighboring areas, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, fencing, planting and screenings, hours of operation, and operation of the use. Additionally, the plan commission shall afford the applicant, the city, and the public an opportunity to present evidence to the commission to determine whether the proposed location protects the health, safety, and general welfare of the community; meets the standards of the Brookfield Municipal Code; is consistent with the purposes, goals, objectives, policies, and standards of the City’s comprehensive plan; and meets the standards for conditional use permit issuance as set forth in subsection (J) of this section.
I. Standards for Conditional Use Permit Issuance. The plan commission shall not recommend an application for approval unless it finds that all of the following conditions are present:
1. The use complies with the recommendations in the city of Brookfield comprehensive plan and any applicable neighborhood or neighborhood development, including design guidelines adopted as supplement to those plans.
2. The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, or general welfare.
3. The uses, values, and enjoyment of adjacent property for purposes already established will not be substantially impaired or substantially diminished in any foreseeable manner.
4. The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
5. Adequate utilities, access roads, drainage, parking supply, internal traffic circulation improvements, including but not limited to vehicular and pedestrian traffic, and other necessary site improvements have been, will be, or are being provided.
6. Measures have been or will be taken to provide adequate ingress and egress to minimize traffic congestion and to ensure public safety and adequate traffic flow on the public streets.
7. The conditional use conforms to all applicable regulations of the district in which it is located.
8. The use does not create adverse impacts such as dust, lighting, air pollution, noise, odor, vibration, glare, heat, or hazardous materials.
9. The use is located in an area that will be adequately served by and will not impose an undue burden on any of the services provided by the city or other public agencies.
10. Meet the applicable standards of the site development standards for nonresidential uses except for those uses exempt from the provisions of these standards under the provisions of Section 17.100.020(A).
J. Plan Commission Recommendation. Within sixty (60) days of the public hearing, the plan commission shall make a written recommendation to the common council regarding the application. The recommendation may include requirements and conditions upon the landscaping, architectural design, noise, height, dust emissions, lighting, fencing, hours of operation, traffic circulation, deed restrictions, highway access restrictions, parking requirements, and operation of the use as deemed necessary to protect the public interest and comply with the standards in subsection (I) of this section. All such requirements and conditions shall be reasonable and, to the extent practicable, measurable, and be based on substantial evidence and related to the purposes set forth in subsection (A) of this section.
K. Council Review of Recommendation. Prior to issuing a determination on the conditional use permit application, the common council shall review the plan commission’s written recommendation and determine whether to adopt the recommendation or modify it. Any modifications to the recommendation shall be in writing and based on substantial evidence. If the common council determines that further information and/or reports from the plan commission, city staff, and/or the applicant are needed, the common council may postpone its decision until such information or reports are provided. The common council’s final recommendation shall be mailed to the applicant.
L. Proof of Achieving Conditions. If the common council’s final recommendation sets forth conditions for the conditional use permit, the plan commission shall hold an evidentiary hearing within forty-five (45) days of the issuance of the final recommendation to determine whether the applicant can demonstrate by substantial evidence that the conditions recommended are or will be satisfied. The applicant and/or city staff may present evidence at said hearing. Upon conclusion of the hearing, the plan commission shall issue a written recommendation, based on substantial evidence, that shall contain the commission’s conclusions and findings of fact supporting its conclusion and a recommendation as to whether the common council should grant or deny the permit.
M. Council Review of Proof of Achieving Conditions. The common council shall review the plan commission’s written recommendation, conclusions, and findings of fact regarding achieving conditions at its next meeting and determine whether to grant or deny the permit. If the common council determines by substantial evidence that the applicant meets or agrees to meet all of the requirements and conditions of this section and the conditions imposed pursuant to subsection (L) of this section, the common council shall grant the conditional use permit. If not, the common council shall deny the permit.
N. Appeal of Denial. If the common council denies a person’s conditional use permit application, the person may appeal the decision to the circuit court for certiorari review within thirty (30) days of the date of denial as provided under Section 62.23(7)(de)5, Wisconsin Statutes.
O. Duration of Conditional Use Permit. All conditional use permits as approved shall run with the land unless sooner revoked or abandoned pursuant to subsection (Q) or (U) of this section or declared null and void pursuant to subsection (R) of this section.
P. Change of Use. No alteration, extension, or modification of a conditional use permit shall be permitted unless the common council specifically approves it through the same process as an initial application.
Q. Abandonment of Conditional Use. If a conditional use is abandoned for a period of one year or more, the conditional use permit shall automatically expire. The permit holder shall notify the department in writing within thirty (30) days if the holder’s conditional use is abandoned or discontinued and the date of the abandonment or discontinuance.
R. Time Limits on Development. The start of construction, if applicable, of all conditional uses shall be initiated within two years of their approval by the common council. A conditional use permittee shall have a valid occupancy permit within two years of the initial issuance of a building permit. Failure to initiate construction or have a valid occupancy permit by said time frames shall render the conditional use permit null and void. The common council may grant an extension of these time limitations for six months if the permittee files a written request for extension sixty (60) days prior to expiration of the time period and demonstrates good cause. Such extension request shall include a timeline or schedule for obtaining necessary permits, receiving state and municipal approvals, and completing construction.
S. Effect of Denial. No application for a conditional use permit which has been denied wholly or in part by the common council may be resubmitted for a period of one year from the date of the most recent denial, except on the grounds of new information or changed conditions which the common council finds to be material. If the common council finds the information to be material, the applicant may reapply for the permit.
T. Use Prohibited and Enforcement. No person shall operate or maintain a conditional use without a conditional use permit or contrary to the permitted conditions. In addition to the revocation process in subsection (U) of this section, the city may also pursue any other option permitted by law to require compliance with this section or the conditions of the permit, including those listed in Section 1.12.010(H).
U. Revocation of Conditional Use Permit. The common council may revoke a conditional use permit after a hearing is held before the plan commission in accordance with the provisions of this section.
1. Permits may be revoked for the following causes:
a. The permit approval was obtained by fraud;
b. The permit is being or has been exercised contrary to the conditions of such permit, any amendments to it, or in violation of any applicable licenses, permits, regulations, state or federal laws, or the Brookfield Municipal Code;
c. The use for which the permit approval was granted is being or has been exercised so as to be detrimental to the public health or safety or to constitute a nuisance;
d. The use for the permit was modified, altered, or expanded without city approval; or
e. The use has been abandoned as set forth in subsection (R) of this section.
2. Revocation proceedings may be instituted by the plan commission or common council upon its own motion or upon a sworn written complaint made and filed with the city clerk by the department director, the public works director, the police chief, or the fire chief.
3. If upon the plan commission or common council’s motion, the plan commission or common council shall direct the city attorney to prepare a summons and complaint and have it served upon the permittee pursuant to Section 801.11, Wisconsin Statutes, not less than ten days prior to the date of such hearing. Upon receipt of a sworn complaint, the plan commission shall direct the city attorney to prepare a summons and have the summons and complaint served upon the permittee pursuant to Section 801.11, Wisconsin Statutes, not less than ten days prior to the date of such hearing.
4. The summons and complaint shall contain the date and time for appearance by the permittee; a statement of the common council’s ability to revoke the permit in the event any of the allegations are found to be true; a statement of the grounds for revocation; notification to the permittee of an opportunity to be heard, respond to, and challenge the complaint for revocation and to present and cross-examine witnesses under oath; notification to the permittee of the right to be represented by counsel of the permittee’s choice at the permittee’s expense.
5. If the permittee fails to appear on the date and time designated in the summons or fails to file a written answer with the city clerk within three days of the hearing, the plan commission may take the allegations of the complaint to be true. The plan commission shall then deliberate to determine if revocation is appropriate.
6. If the permittee appears before the plan commission at the date and time designated in the summons and denies the allegations in the complaint, an evidentiary hearing shall be scheduled. If the permittee appears but does not deny the allegations in the complaint, the complaint may be taken as true and the plan commission shall hear the arguments of the complainant and the permittee in connection with whether to revoke the permit.
7. If the matter proceeds to hearing before the plan commission, the following procedures shall apply:
a. The complainant shall first present evidence in support of the complaint.
b. After the complainant rests, the permittee may present evidence in opposition to the complaint.
c. The complainant and permittee may subpoena and present witnesses. All witnesses shall testify under oath or affirmation and shall be subject to cross-examination.
d. The complainant and permittee shall each be limited to one hour for testimony unless the chair, subject to approval of the plan commission, extends the time to assure a full and fair presentation. Questions by commission members or the advising city attorney and answers to such questions shall not be counted against the time limitations.
e. At the close of testimony, the complainant and permittee shall each be given no more than twenty (20) minutes to make arguments upon the evidence produced at hearing.
8. Miscellaneous Procedural Matters.
a. At all stages of the proceedings, the permittee is entitled to appear in person or by an attorney at his or her own expense.
b. If the complaint is in the name of the commission or is brought by a city official in his/her official capacity, the complainant shall be represented by a prosecuting city attorney.
c. The commission shall be, when requested, advised by an advisory city attorney, who shall not be the same individual as the prosecuting city attorney, nor the attorney who drafted the summons and complaint.
d. The plan commission chair shall be the presiding officer. The chair shall direct that oaths and affirmations be administered and shall issue subpoenas upon request of either side. The chair shall ensure that an orderly hearing is conducted in accordance with the provisions of this section. The chair shall rule on objections to the admissibility of evidence. Any ruling of the chair shall be final unless appealed to the plan commission as a whole and a majority vote of those members present and voting reverses such ruling.
e. An audio recording or stenographic record shall be made of all proceedings at the hearing. Any interested party may obtain a copy of the recording or transcript at his or her own expense.
9. Findings and Recommendations.
a. After the close of the hearing, the plan commission shall deliberate and reach a decision. The plan commission shall prepare findings on factual matters, conclusions of law, and a recommendation on what action, if any, should be taken with regard to the permit(s) at issue. The report shall be filed with the city clerk with a copy to the permittee and complainant. The findings and recommendations shall be distributed to each member of the common council.
b. The permittee and complainant may file a written statement or response to the findings and recommendation, including objections, exceptions, and arguments of fact and law. A written statement must be filed with the city clerk before the close of business on a day that is at least three business days prior to the date set for determination by the common council. Copies of written statements shall be provided to each member of the common council at least twenty-four (24) hours before any vote on the matter is scheduled before the common council.
10. Common Council Action.
a. Not less than five business days prior to the matter being scheduled before the common council, the clerk shall notify the permittee and complainant by United States first class mail, postage prepaid, sent to the last known address, that the common council will convene to determine the matter.
b. Neither the complainant nor the permittee shall be given time to make oral arguments before the common council.
c. The common council shall determine by a majority vote of those in attendance and voting whether to adopt the recommendation of the plan commission or make such modification as is deemed appropriate. Such vote shall be a roll call vote. The clerk shall give written notice to the person of the council’s determination.
11. Appeal. Any person aggrieved by the common council’s decision may seek certiorari review within thirty (30) days of the final determination.
12. For the purposes of this section, pursuant to Section 68.16, Wisconsin Statutes, the city of Brookfield is specifically electing not be to governed by Chapter 68, Wisconsin Statutes.
V. Expansion of Existing Conditional Use. No building permit for an expansion of a building or structure containing a conditional use shall be issued unless the Plan Commission reviews and determines that the expansion plans including site, grading, landscaping, and exterior building elevation plans are compliant with the applicable standards of the most recent edition of the Site Development Standards for Nonresidential Uses, except for those uses exempt from the provision of such standards per Section 17.100.020(A). This subsection applies only to conditional uses granted prior to June 20, 2020. Any building or structure expansion associated with a change in use shall be subject to the same procedures as a new conditional use as set forth in this section. (Ord. 2866-24 § 7, 2024; Ord. 2836-23 § 1, 2023; Ord. 2021-111606 §§ 5—7, 2021; Ord. 2021-072003 § 1, 2021; Ord. 2021-011905 § 4, 2021; Ord. 2606-20 § 3, 2020)
17.108.060 Foundries.
Foundries shall be permitted only in the office and limited industry and industrial districts pursuant to the following conditions:
A. That they make only castings used for the development of samples for implant use;
B. Such operations may not store or use in excess of three tons of sand nor one-half tons of core sand at any time;
C. Heats shall be limited to fifty (50) pounds in any one day;
D. Heats shall be oil- or gas-fired only;
E. Operations shall be conducted in a fire-proof building having a concrete floor. (Prior code § 17.09(5))
17.108.070 Public utility uses.
Public utility uses shall be permitted uses in any district, provided plan commission approval first is obtained for the location, and plan and method of operation, site plan and appearance thereof, except plan commission approval shall not be required for local pole lines necessary for telephone and electrical service nor for inter-city transmission lines previously planned on which substantial sums have already been expended. (Amended during 1/21/16 update; prior code § 17.09(6))
17.108.080 Foster homes and guardianships.
The following uses shall be permitted uses in any single-family residential district:
A. Foster homes licensed pursuant to Chapter 48, Wisconsin Statutes; provided, that there be not more than four foster children, unless they are related by blood or adoption;
B. Children under a court-approved guardianship. (Prior code § 17.09(7))
17.108.090 Intensive uses.
A. Because of their impact on adjoining residential areas, certain intensive nonresidential uses need to be restricted in proximity to residential uses. Additional offset requirements for buildings, off-street parking, driveways and loading spaces are required for such uses when adjacent to a residential district to provide a transitional buffer area. The following uses are classified as intensive uses:
1. Restaurants including dine-in, casual with pickup window and fast food with drive-thru, but excluding limited food establishment and low intensity restaurant. Outdoor seating associated with a restaurant that is authorized under the provisions of this code is permitted to be added to restaurants that do not meet the intensive building or parking offset requirements; provided, that the outdoor seating is located as required by the respective district provisions. New required parking shall meet the offset requirements or as otherwise provided in this section;
2. Automobile service, sales or repair;
3. Automobile service station or mini-mart;
4. Theater, dance hall or other amusement place;
5. Medical clinic providing extended hours (before seven a.m.; after five p.m.);
6. Grocery store or convenience store;
7. Health clubs contained in larger than a twenty thousand (20,000) square foot building or that have customer entrances facing residential districts;
8. Taverns, excluding cigar shops and wine and craft beer stores serving strictly beer and wine under an approved Class B license limited to a maximum occupancy of thirty (30) persons for the consumption of product on premises and not operating after nine p.m. Outdoor seating associated with a tavern that is authorized under the provisions of this code is permitted to be added to taverns that do not meet the intensive building or parking offset requirements; provided, that the outdoor seating is located as required by the respective district provisions. New required parking shall meet the offset requirements or as otherwise provided in this section;
9. Full service department stores;
10. Lockers and cold storage plants;
11. Motels or hotels, not including bed and breakfast establishments;
12. Animal hospices, animal shelters, animal rescues, humane societies, emergency animal hospitals/clinics, emergency veterinary hospitals/clinics and kennels;
13. Contractors’ shops and yards;
14. Manufacturing, processing and other industrial uses;
15. Wholesale establishments or distributors;
16. Uses which are similar to the above uses in having extended hours of operation, extensive service requirements, or rapid turnover of customers.
B. For any intensive use, the minimum offset between any building and any adjacent residential district is one hundred (100) feet for the area adjacent to the residential district only. The minimum offset between any off-street parking, driveways or loading spaces or paving and any adjacent residential district is seventy-five (75) feet for the area adjacent to the residential district only. Within the offset areas, landscaping and berming shall be provided and maintained to a minimum height of sixteen (16) feet. The average height of berming along any site boundary shall not be less than four feet in height and the maximum height of berming shall be not more than six feet in height, except for special circumstances approved by the plan commission under Chapter 17.100. The maximum slope of any berming shall not be greater than a ratio of 4:1. Landscaping shall consist of a combination of deciduous and evergreen trees and shrubs to provide a continuous year-round screen for a depth of twenty (20) feet within the landscaped area; and appropriate ground cover and other plant material shall be in the remainder of the landscaped area.
C. A parcel shall be considered as having an intensive use for purposes of this chapter when the parcel is having an intensive use established for the first time. Special offsets and landscaping requirements within offsets shall be applied through plan commission review under Chapter 17.100. The plan commission may appropriately and reasonably modify or reduce the intensive use requirements for offsets and landscaping within offsets under the following circumstances:
1. If only a part of the parcel is being put to an intensive use; or
2. If an existing use is being expanded onto a separate parcel. In such case, the intensive use offsets and landscaping within offsets shall be applied only on the separate expansion parcel; or
3. If the adjoining residentially zoned parcel is being used primarily as a conditional use as defined in Section 17.108.050; or
4. If an existing parcel is substandard in width or area, the building offsets that are being increased by subsection B of this section may be scaled back proportionately to as little as fifty (50) feet (with parking offset being 0.75 of building offset) if doing so enables the parcel to have a buildable envelope that is at least fifty (50) feet wide and fifty (50) feet deep and subject to the landscaping requirements of Section 17.64.020(B). Parcels that are dimensioned so as to be unable to yield a buildable envelope of fifty (50) feet width and/or depth shall not be eligible for approval of intensive uses under this chapter. (Ord. 2417-15 § 1, 2015; Ord. 2263-11 § 9, 2011; Ord. 2251-11 § 16, 2011; Ord. 2157-08 § 1, 2008; Ord. 1726 §§ 3, 4, 2000; prior code § 17.09(8))
17.108.095 Telecommunication towers, antennas and related facilities.
This section shall apply to provide development standards relating to specific types of telecommunication towers, antennas, and related facilities.
A. Purpose and Intent. The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the development and installation of telecommunication towers, antennas and related facilities. The regulations contained in this section are designed to protect and promote public health, safety, community welfare, and the aesthetic quality of the city as set forth within the goals, objectives, and policies of the zoning code, to encourage managed development of telecommunications infrastructure, while at the same time not unduly restricting the development of needed telecommunications facilities.
1. It is intended that the city shall apply these regulations to accomplish the following:
a. Minimize adverse visual effects of telecommunication towers, antennas, and related facilities through design and siting standards;
b. Maintain and ensure that a nondiscriminatory, competitive and broad range of telecommunications services and high quality telecommunications infrastructure consistent with the Federal Telecommunications Act of 1996 are provided to serve the community, as well as serve as an important and effective part of the city’s police, fire, and emergency response network;
c. Provide a process for obtaining necessary permits for telecommunication facilities while at the same time protecting the interests of the city’s citizens;
d. Protect environmentally sensitive areas of the city by regulating the location, design, and operation of telecommunication towers, antennas and related facilities;
e. Encourage the use of alternative support structures, co-location of new antennas on existing telecommunication towers, camouflaged towers, and construction of towers with the ability to locate three or more providers.
2. Furthermore, this section is not intended to regulate residential satellite dishes or residential television antennas that are used privately. Additionally it is not intended to regulate satellite dishes/antennas whose regulation is prohibited by state law or preempted by federal law.
B. Definitions. For the purpose of this section, the following terms and phrases shall have the meaning ascribed to them in this section:
“Alternative support structure” means clock towers, steeples, silos, light poles, water towers, light houses, buildings, or similar structures that may support telecommunication facilities.
“Antenna” means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction, and directional beam type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.
“Antenna building mounted” means any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building.
“Antenna ground mounted” means any antenna with its base placed directly on the ground.
“Building” means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind.
“Camouflaged tower” means any telecommunication tower that due to design or appearance entirely hides, obscures or conceals the presence of the tower and antennas.
“Guyed tower” means a telecommunications tower that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself.
Height, Telecommunications Tower. “Telecommunications tower height” means the distance measured from the original grade at the base of the tower to the highest point of the tower. This measurement excludes any attached antennas, protection devices (e.g. lightning rods) and lighting.
“Lattice tower” means a telecommunication tower that consists of vertical and horizontal supports and crossed metal braces.
“Monopole” means a telecommunication tower of a single pole design.
“Nonconforming” means any pre-existing telecommunications facility that was in existence prior to the adoption of the ordinance codified in this section and that has not been issued a conditional use permit or was issued a conditional use permit prior to the adoption date of said section. This definition shall only apply to this section and shall not apply to other city zoning ordinances.
“Operation” means other than nominal use; when a facility is used regularly as an integral part of an active system of telecommunications it shall be deemed in operation.
“Platform” means a support system that may be used to connect antennas and antenna arrays to telecommunication towers or alternative support structures.
“Satellite dish” means a device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas.
“Telecommunication facility” means a facility, site, or location that contains one or more antennas, telecommunication towers, alternative support structures, satellite dish antennas, other similar communication devices, and support equipment which is used for transmitting, receiving or relaying telecommunications signals.
“Telecommunication facility co-located” means a telecommunication facility comprised of a single telecommunication tower or building supporting multiple antennas, dishes, or similar devices owned or used by more than one public or private entity.
“Telecommunication support facility” means the telecommunication equipment buildings and equipment cabinets.
“Telecommunications tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including camouflaged towers, lattice towers, guy towers, or monopole towers. This includes radio and television transmission towers, microwave towers, and common-carrier towers. It shall exclude alternative support structures.
“Utility pole mounted antenna” means an antenna attached, without regard to mounting, to or upon an existing or replacement electric transmission or distribution pole, street light, traffic signal, athletic field light, utility support structure or other similar structure approved by the zoning inspector.
C. 1. The following shall be permitted without city approvals under this section:
a. The use of all television antennas, satellite dishes and receive only antennas, provided that the primary use of the property is not a telecommunications facility and that the antenna use is accessory to the primary use of the property.
b. Amateur Radio. This section shall not govern the installation of any antenna and their supporting towers, poles, and masts that is owned and/or operated by a federally licensed amateur radio operator or, is used exclusively for receive-only antennas.
c. Mobile services providing public information coverage of news events of a temporary or emergency nature.
2. Areas Permitting Telecommunication Facility Location with Plan Commission Approval and with Public Hearing. Telecommunications facilities may be permitted in nonresidential zoning districts and residentially zoned parcels with a nonresidential use, subject to conditional use public hearing review and approval by the plan commission and common council and in compliance with all other applicable parts of this section.
D. Areas Limiting Telecommunication Facility Location.
1. Telecommunication facilities may be permitted in the following locations subject to conditional use public hearing review and approval by the plan commission as identified in subsection (C)(2) of this section are also subject to review and approval of the Federal Aviation Administration (FAA), Wisconsin State Bureau of Aeronautics, and other appropriate agencies, if applicable:
a. One-half mile radius from heliport;
b. One mile radius from private airport runway(s);
c. Three mile radius from public use airport runway(s).
2. Telecommunication facilities may be permitted subject to conditional use review with public hearing and approval by the plan commission and common council under subsection F of this section in these restricted areas and zoning districts if there are no other alternatives and/or options available to provide adequate coverage within the city (within the scope of the 1996 Telecommunications Act), if there will be a significant gap in service, and if it can be demonstrated to the plan commission that no adverse impact would occur to the natural resource base:
a. R-1 residence district;
b. R-2 residence district;
c. R-3 residence district;
d. R-4 residence district;
e. M-1 multifamily residence district;
f. M-2 multifamily residence district;
g. C conservancy district;
h. UC upland conservancy district;
i. PRD planned residential development;
j. REC recreational district;
k. SWP shoreland wetland preservation district;
l. NSWP nonshoreland wetland preservation district;
m. UP upland woodland preservation district.
E. Areas Prohibiting Telecommunication Facility Location. No telecommunications facilities, except facilities listed in subsection (C)(1) and (2) of this section, shall be permitted within historic sites and districts listed on the National Register of Historic Places, and critical species habitats.
F. Conditional Use Application. Relocating an existing tower or constructing a new telecommunication tower or a new alternative support structure, including the buildings or other supporting equipment used in connection with said telecommunication tower shall require a conditional use permit. Other than those to which subsection I of this section applies, the plan commission may authorize the community development department to issue a conditional use permit after review and a public hearing, provided that such conditional use is in accordance with the purpose and intent of this section.
1. Submittal Information. For all telecommunication facilities, described in subsection (C)(2) of this section, the community development department shall require the following information to accompany every application. Said information shall include, but may not be limited to:
a. Completed conditional use application and fee specified in Section 3.28.010(BB);
b. Original signature of applicant and land owner (if the telecommunication facility is located in an easement or pursuant to a ground lease, the beneficiaries of the easement or ground lease and underlying property owner must authorize the application);
c. The identity of the carrier, provider, applicant, landowner and service provider and their legal status;
d. The name, address and telephone number of the officer, agent and/or employee responsible for the accuracy of the application;
e. A scaled site plan showing the parcel boundaries, type and height of proposed tower, facilities, location, proposed means of access, landscaping showing specific landscape materials, fencing, on-site land uses and zoning, adjacent land uses and zoning, buildings, pavement, adjacent roadways, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, easements, parking, and if applicable, the method of camouflage, and obstruction marking and lighting;
f. A written legal description of the site;
g. Tabulation of lot characteristics, i.e., lot area, greenspace, lot coverage, and floor area ratio;
h. In the case of a leased site, an affidavit certifying: that the lease document allows the tower owner to remove an abandoned facility; the legal description and amount of property leased; the term and renewal period of the lease; that the property owner may enter into leases with other providers;
i. A description of the telecommunications services that the applicant offers or provides, to persons, firms, business, or institutions;
j. Federal Communication Commission (FCC) license numbers and registration numbers, if applicable;
k. Copies of finding of no significant impacts (FONSI) statement from the Federal Communication Commission (FCC) or environmental impact study (EIS), if applicable;
l. An alternative analysis shall be prepared by the actual applicant or on behalf of the applicant by its designated technical representative subject to the review and approval of the plan commission, which identifies all reasonable, technically feasible, alternative locations and/or facilities which could provide the proposed telecommunication service. The intention of the alternatives analysis is to present alternative strategies which could minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services 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. Approval of the project is subject to the review and approval of the plan commission. The city may require independent verification of this analysis at the applicant’s expense, the consultant or the alternate chosen by the plan commission from a list mutually agreed upon by the city and the telecommunications industry;
m. Plans indicating security measures (i.e., access, fencing, lighting, etc.);
n. Shall include a tabular and map inventory of all of the applicant’s existing telecommunications towers that are located within the city and including all of the applicant’s existing towers within fifteen hundred (1,500) feet of the city boundary. The inventory shall specify the location, height, type, and design of each of the applicant’s existing telecommunication towers, and the ability of the tower or antenna structure to accommodate additional co-location antennas;
o. A report prepared by an engineer licensed by the state certifying the structural design of the tower and its ability to accommodate additional antennas;
p. Proof of liability coverage;
q. Such other information as the plan commission may reasonably require;
r. Copies of an affidavit of notification indicating that the airport operator and airport property owner(s), within the areas limiting telecommunication facility locations as identified under subsection (D) of this section, if applicable, have been notified via certified mail.
2. Co-location. All tower owners shall make available unused space for co-location of other telecommunications facilities, including space for those entities providing similar, competing services. Co-location is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline. All co-located and multiple-user telecommunication support facilities shall be designed for compatible joining to facilitate site sharing.
3. Technical Review. The community development department may employ on behalf of the city an independent technical expert to perform a timely review of materials submitted in those cases where a technical demonstration of unavoidable need or unavailability of co-location alternatives has been determined necessary by the commission or where other technical issues exist. The applicant shall pay all the costs of said review. The payment to the community development department shall be made at the time said consultant is retained.
4. Submittals Required Following the Conditional Use Approval. For each conditional use permit approved by the plan commission, the applicant shall submit the following before the conditional use permit will be issued:
a. Copies of the determination of no hazard from the Federal Aviation Administration (FAA) including any aeronautical study determination or other findings and the Wisconsin State Bureau of Aeronautics, if applicable;
b. Copies of any environmental assessment (LA) reports on Form 600 or Form 854 submitted to the Federal Communication Commission (FCC), if applicable;
c. Copies of any filings submitted to the Federal Communication Commission (FCC) shall be submitted within thirty (30) days of filing, subject to the review of the director of community development or his designee;
d. Proof of bond as security for removal. The applicant may provide a single security bond for all sites and covering all of its telecommunications facilities within the city;
5. The plan commission shall hold a hearing upon a proper application as soon as is reasonably practicable and in no event any later than six months after the date of application. Any denial of an application shall be in writing and shall be based upon substantial evidence contained in the written record.
G. Annual Information Report. The purpose of the annual review report under this section is to provide the city with accurate and current information concerning the telecommunication tower owners and providers who offer or provide telecommunications services within the city, or that own or operate telecommunication facilities with the city, to assist the city in enforcement of this chapter, and to assist the city in monitoring compliance with the conditional use permit and this section.
1. Annual Information Report. All telecommunications tower owners of any new or existing telecommunication tower shall submit annually on or before January 31st of each year, to the community development department a telecommunications facility annual information report. The annual information report shall include the tower owner name(s), address(es), phone number(s), contact person(s), annual review fee, current tenant information and proof of bond as security for removal. The tower owner shall supply the tower height and current occupancy, if applicable, and any required information regarding co-location capabilities. This information shall be submitted on a city form, designated for such use, and shall become evidence of compliance.
2. Annual Information Report Fee. Together with the annual information report, the tower owner shall submit, on or before January 31st of each year, to the community development department the annual review fee specified in Section 3.28.010(CC). The fee submittal is the responsibility of each tower owner. Failure to provide the report and fee within thirty (30) days of said date shall result in a civil forfeiture specified in Section 3.28.010(CC) until the information is received by the community development department, and could result in the forfeiture or revocation of the conditional use permit
H. Removal/Security for Removal.
1. Removal. It is the express policy of the city and this section that telecommunications facilities be removed once they are no longer in use and not a functional part of providing telecommunications service and that it is the telecommunications facility owner’s responsibility to remove such facilities and restore the site to its original condition or a condition approved by the board of public works. This restoration shall include removal of any subsurface structure or foundation, including concrete, used to support the telecommunications facility down to ten feet below the surface. This depth of removal requirement may be modified by the board of public works. After a telecommunications facility is no longer in operation, the facility owner shall have one hundred twenty (120) days to effect removal and restoration unless weather prohibits such efforts or unless a longer period is approved by the board of public works based upon a good faith effort to obtain a new user for such facility.
2. Security for Removal. The telecommunications facility owner shall provide to the city, prior to the issuance of the conditional use permit or the issuance of an occupancy permit, a performance bond in the amount specified in Section 3.28.010(DD) to guarantee that the telecommunications tower and any telecommunication support facility will be removed when no longer in operation and guaranteeing any municipal costs associated with said removal. The city will be named as obligee in the bond and must approve the bonding company.
I. Pre-existing Telecommunication Towers. Nonconforming and conforming pre-existing telecommunication towers and facilities may extend, move, or replace the tower and facilities upon review and approval of a revised plan and method by the plan commission. An existing telecommunication tower may be increased in height a maximum of fifty (50) feet, relocated, or reconstructed within fifty (50) feet of its existing location to accommodate co-location subject to meeting all other subsections of this section except subsections F and K of this section. Routine maintenance and repair on telecommunications facilities is permitted.
J. Compliance.
1. Revocation. Grounds for revocation of the conditional use permit shall be limited to one of the following findings as determined by the board of zoning appeals:
a. The owner of such site, service provider and tower owner (if applicable) fails to comply with the requirements of this section as it existed at the time of the issuance of the conditional use permit;
b. The permittee has failed to comply with the conditions of approval imposed;
c. The facility has not been properly maintained in accordance with applicable codes and safety standards.
2. Revocation Process.
a. The owner of such site, service provider and/or tower owner shall be notified by certified mail of noncompliance by the community development department.
b. The party not in compliance shall comply with such notice within thirty (30) days to the satisfaction of the community development department.
c. If compliance is not obtained within thirty (30) days, the community development department shall notify the board of zoning appeals of the noncompliance and request permission to proceed with the revocation process. This time period may be extended by staff to allow for seasonal limitations.
d. The board of zoning appeals shall hold a public hearing following publication of a Class 2 notice in the legal newspaper of the city.
e. A copy of a hearing notice shall be mailed certified to the owner of record of the tower site, the tower owner, and lessees, as disclosed on the most recent annual information report, at least two weeks prior to the hearing date.
f. An officer of the community development department shall appear at the hearing to present the evidence of noncompliance. All other interested parties may also give testimony to the board of zoning appeals.
g. In compliance with the procedures of a conditional use hearing, a written decision of the board of zoning appeals will be made.
3. Abandonment. Any telecommunication facility or support facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned. Time may be extended upon review and approval of the plan commission, if the tower owner demonstrated a good faith effort to secure new tenants. In such circumstances, the following shall apply:
a. The owner of such telecommunication facility shall remove said facility including all supporting equipment and building(s) within ninety (90) days of receipt of notice from the community development department notifying the owner of such abandonment. If removal to the satisfaction of the community development department does not occur within said ninety (90) days, the community development director may order removal utilizing the established bond as provided under subsection I of this section and salvage said antenna or tower and all supporting equipment and building(s). If there are two or more users of a single tower, then this provision shall not become effective until all operations of the tower cease.
b. The recipient of a conditional use permit or occupancy permit for a telecommunications facility under this ordinance shall notify the community development department immediately when the facility is no longer in operation.
K. Structural, Design and Environmental Standards.
1. Tower, Antenna and Facilities Requirements. With the exception of those facilities identified in subsection (C)(1) of this section, all telecommunication facilities shall be designed to blend into the surrounding environment and be symmetrical to the greatest extent feasible. To this end, all of the following measures shall be implemented:
a. All telecommunication facilities shall comply at all times with all applicable Federal Communication Commission (FCC) rules, regulations, and standards. To that end no telecommunication facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the Federal Communication Commission (FCC) adopted standard for human exposure, as amended, or any more restrictive standard subsequently adopted or promulgated by the federal government which applies to the telecommunication facility. All telecommunication towers and antennas shall meet or exceed the standards and regulations, in place at the time of the issuance of the condition use permit, of the Federal Aviation Administration (FAA), the Wisconsin State Bureau of Aeronautics, Occupational Safety and Health Association (OSHA), the Federal Communication Commission (FCC), and any other agency of the state and/or federal government with the authority to regulate towers and antennas.
b. Subject to the considerations in subsection (K)(1)(c) of this section, telecommunication towers shall be constructed out of metal or other nonflammable material, unless specifically permitted by the city to be otherwise. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
c. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings. Where circumstances so justify, a camouflaged tower or alternative support structure may be required. The design and construction of telecommunication facilities and towers, antennas, and related equipment shall be as symmetrical as possible to minimize visual obtrusion.
d. All ground mounted telecommunication towers shall be self-supporting monopoles or lattice towers except where satisfactory evidence is submitted to the plan commission that a guyed tower is required.
e. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
f. Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.
g. Telecommunication support facilities (i.e., equipment rooms, utilities, and equipment enclosures) shall be constructed out of materials approved in the base zoning district and consistent with the main building on the property. In all noncommercial districts the principal building material shall be assumed to be brick. Telecommunication support facilities shall be measured from the original grade at the base of the facility to the top of the structure, and shall be designed to blend with existing architecture in the area or shall be screened from sight by mature landscaping, and shall be located or designed to minimize their visibility. The height of such structures shall be determined by the plan commission in the context of the built environment.
h. State or Federal Requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed and such changes are applicable to existing towers, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations to the extent required shall constitute grounds for the removal of the tower or antenna at the owner’s expense.
i. Building Codes-Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, in effect at the time the tower is constructed. Upon request, the tower owner shall provide documentation from an engineer establishing that the project is complete to their specifications, and which concludes that a tower complies with applicable codes and standards and does not constitute a danger to persons or property. Upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring any such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner’s expense. Said time period may be extended for a reasonable period of time if there is no immediate danger to persons or property and the tower owner is working diligently to correct the failure.
j. Telecommunication facilities shall not interfere with or obstruct existing or proposed public safety, fire protection, or supervisory controlled automated data acquisition (SCADA) operation telecommunication facilities. Any actual interference and or obstruction shall be corrected by the applicant at no cost to the city.
k. Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the city have been obtained and shall file a copy of all required franchises with the community development department.
l. Signs. Except as required by federal or state law or as otherwise necessary to provide notice of dangerous conditions, no signs shall be allowed on an antenna or tower.
2. Height. The height of a telecommunication tower shall be measured from the original grade at the base of said tower to the highest part of the tower itself. In the case of building mounted towers the height of the tower includes the height of the portion of the building on which it is mounted. In the case of “crankup” or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised. The maximum height of any tower at its fullest extension shall be one hundred fifty (150) feet, unless the applicant can establish that there are no other alternatives and/or options available to provide adequate coverage within the city (within the scope of the 1996 Telecommunications Act), and it can be demonstrated that there will be a significant gap in service, or if the plan commission determines that to minimize visual impact an increase in tower height is preferable to the proliferation of towers at the site.
3. Lighting. Telecommunications towers shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or other applicable regulatory authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
4. Vegetation Protection and Facility Screening:
a. Except exempt facilities as defined in subsection C of this section, all telecommunications facilities shall be installed in such a manner so as to minimize disturbance to existing native vegetation and shall include suitable mature landscaping to screen the facility, where necessary. For purposes of this section, “mature landscaping” shall mean trees, shrubs or other vegetation that meets the minimums from the city’s site development standards.
b. Upon project completion, the owner(s)/operator(s) of the facility shall be responsible for maintenance and replacement of all required landscaping for a one year period.
c. Facility structures and equipment, including supporting structures, shall be located, designed, and screened to blend with the existing natural or built surroundings, so as to reduce visual impacts.
5. Fire Prevention. All telecommunication facilities shall be designed and operated in accordance with all applicable codes regarding fire prevention.
6. Noise and Traffic. All telecommunication facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. To that end all the following measures shall be implemented for all telecommunication facilities, except facilities listed in subsection (C)(1) of this section:
a. Noise producing construction activities shall only take place on weekdays (Monday through Saturday, nonholiday) between the hours of seven a.m. and seven p.m., except in times of emergency repair; and
b. Backup generators shall only be operated during power outages and for testing and maintenance purposes.
L. Setback/Offset Requirements. Except facilities listed in subsection (C)(1) of this section. All setbacks/offsets shall be set by the plan commission with consideration given to general zoning requirements and safety considerations.
M. Occupancy Permits. An occupancy permit is required from the community development director for the location of all telecommunication facilities, except those described in subsection (C)(1) of this section. The applicant shall submit information required under subsection F of this section, Conditional Use Application, except the conditional use application and fee. Facilities proposed to be colocated on facilities previously approved under this section shall be exempt from submitting information required under subsection F of this section, but shall be required to submit a occupancy permit application for review and approval pursuant to the zoning code.
N. Appeal Procedures. A person aggrieved by any decision of the city hereunder may, within thirty (30) days after the filing of the decision in the office of the community development department, commence an action seeking the remedy available by certiorari. (Ord. 1919-03 § 3 (part), 2003; Ord. 1794 § 2, 2001)
17.108.100 Special reviews.
A fee specified in Section 3.28.010(EE) shall be charged to an applicant for a special review. A “special review” shall include an administrative interpretation of the classification of a particular proposed use which is not clearly enumerated as a permitted use or any other specific request for the application of a term in this title. (Ord. 1919-03 § 3 (part), 2003; Ord. 1912-03 § 2 (part), 2003; Ord. 1725 § 2 (part), 2000; prior code § 17.095)