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Chapter 18. General Zoning Ordinance

Sec. 18-62. Telecommunication Land Uses

(1) Satellite Dish: A bowl-shaped antenna with which signals are transmitted to or received from a communications satellite. This land use applies to dishes for personal use and private businesses (e.g. taverns and restaurants).

Regulations:

(a) In all districts, satellite dishes less than 3 feet in diameter may be located anywhere on a lot, except the provided front yard or provided street side yard, or can be located on any principal or accessory building.

(b) In the RH-35, SR-2, SR-3, SR-4, TR-6, MR-12, MR-24, and MH-6 districts satellite dishes 3 feet in diameter and larger may only be located in provided rear yards or on the roof of a detached garage, so long as the height of the detached garage and the dish is equal to or less than the height of the principal building.

(c) In all other districts, satellite dishes 3 feet in diameter and larger may be erected on the roof of any principal or accessory buildings, and in street, side, or rear yards; but shall not be located in front yards.

(d) No advertising or graphic designs are permitted on satellite dishes in any zoning district.

(e) In the event that a usable signal cannot be obtained by locating a satellite dish in locations permitted by this chapter, the Zoning Board of Appeals may grant a variance to allow the placement of a satellite dish in any location except a front yard.

(2) Personal Antenna or Tower: Devices used for the transmission or reception of electromagnetic waves, external to or attached to the exterior of any building. This definition includes the structure, supports, and equipment buildings. This land use applies to antenna and towers for personal use. Examples include amateur radio antenna and personal television antenna.

Regulations:

(a) No antenna or tower shall be installed unless a permit is first obtained by the owner or his agent from the building services division. The owner shall provide a drawing which shows the proposed method of installation, the manufacturer's specifications (if any), and a site plan which depicts the location of the proposed antenna, any existing antenna, property lines and all buildings. The permit fee shall be based on the value of the proposed installation.

(b) Antennas and towers shall be installed pursuant to the manufacturer's specifications.

(c) In the RH-35, SR-2, SR-3, and SR-4 districts there may only be one roof-mounted antenna and one tower per lot. In all other districts there may be one antenna for each dwelling unit or business and one tower per lot.

(d) In all districts, freestanding antennas may not be located in a provided front yard or provided street side yard or closer to the right of way than the closest edge of the principal building, whichever is less.

(e) Towers are restricted to 70 feet and roof-mounted antennas are restricted to 30 feet above the highest peak of the roof.

(f) No part of an antenna array or tower shall extend beyond any property boundary. Buried radials shall not encroach into a utility easement. Guy wires shall not be anchored within a provided front yard or provided street side yard or closer to the right of way than the closest edge of the principal building, whichever is less. It shall be installed in such a manner as to protect the public safety and to minimize the visual impact on surrounding properties and from public streets.

(g) The attachment to an antenna or tower of any flag, decorative or commercial sign, streamers, pennants, ribbons, spinners or waving, fluttering or revolving devices is prohibited. This regulation does not include weather devices.

(3) Communication Antenna: Devices used for the transmission or reception of electromagnetic waves, attached to a Communication Tower, building, or alternative tower structures, including equipment buildings/cabinets.

Regulations:

(a) Applicability.

1. Communication Antennas may be installed, erected and maintained pursuant to the provisions of this section. This land use shall not be regulated or permitted as Essential Services, Small Scale Public Services and Utilities, or Large Scale Public Services and Utilities. All new antennas in the City of Marshfield shall be subject to these regulations.

2. Antennas may be considered either principal or accessory uses. A different use on the same lot shall not preclude the installation of an antenna or tower on such lot.

3. This land use category includes the placement of new antennas and equipment buildings used in conjunction with an existing tower.

4. Municipal sites. Antennas installed on a structure, water tower, building, or communication tower, including the placement of ground mounted and roof mounted equipment buildings, shall be permitted where located on property owned, leased or otherwise controlled by the City of Marshfield, irrespective of zoning district, provided that a lease or other agreement to authorize such antenna has been approved by the City, and the requirements and conditions in Section 18-62(3)(c) are met.

(b) General Requirements.

1. Compliance with Federal Regulations. Towers shall be erected and installed in accordance with the state electrical code adopted by reference in §10-31 et seq., National Electrical Safety Code, Federal Communications Commission, Federal Aviation Administration, and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.

2. Antennas shall not encroach into airspace prescribed by FAR part 77 and the most current Marshfield Municipal Airport Height Limitation Zoning Map.

3. Communication Tower and Commercial Building: Antennas may be placed on commercial communication towers and commercial buildings.

4. Height Requirements. Antenna height shall be restricted to 150 feet above grade when located on a commercial communication tower. Antenna height shall be restricted to 20 feet above the height of the commercial building roof or alternative tower structure when located on such structure. District height restrictions shall not apply to antennas.

5. Alternative Structures. Antennas may be places on alternative tower structures such as clock towers, bell steeples, light poles, water towers, or similar structures.

6. Other Limitations. The antenna shall not adversely impact surrounding property; specifically, it shall not have aesthetic, economic, or safety impact on surrounding public or private property or interfere with transmission or reception.

7. Advertising. No form of advertising or identification, sign or mural is allowed on the antenna other than the customary manufacturer identification plate.

(c) Equipment buildings. Equipment buildings, including cabinets, used in connection with commercial communication antennas will be subject to the following conditions:

1. Whenever wireless telecommunications facilities are established, all related ground mounted equipment buildings shall be considered ancillary to any existing or proposed primary use. Any impact of the equipment buildings shall be made as minimal as possible so as not to detract from the principal use of the property.

2. Exterior storage of ground mounted equipment or materials shall not be permitted.

3. Except when located in the LI and GI zoning district, the maximum size of a single ground mounted equipment building shall not exceed 360 square feet. Additional ground mounted equipment buildings and buildings larger than 360 square feet may be granted by issuance of a conditional use permit, but may not exceed a total of 1,000 square feet of ground mounted equipment shelters per site.

4. Equipment buildings or structures may be mounted on the roof of a building provided that such building or structure is placed as unobtrusively as possible.

5. Any ground mounted equipment building used for accessory equipment must either be screened from view from all abutting residential uses and potentially incompatible municipal uses with a minimum of a 6 foot tall evergreen hedge or other suitable vegetation, or the equipment building must be constructed with similar materials, style, roof pitch, etc., to complement the architectural character of the surrounding neighborhood. Alternative screening materials may be used in nonresidential areas.

6. Equipment buildings needed for accessory equipment may be allowed prior to the construction of a principal building.

7. All ground mounted equipment buildings shall at a minimum meet the required setbacks of a principal structure for the underlying zoning district and shall meet all applicable building code requirements.

(d) Exceptions. Exceptions to the setbacks and height requirements listed above may be granted by a conditional use permit if appropriate engineering data is submitted showing that failure characteristics of the structure will not adversely impact abutting property and the structure does not encroach into airspace prescribed by FAR part 77 and the most current Marshfield Municipal Airport Height Limitation Zoning Map.

(4) Communication Tower: Any structure that is designed and constructed for the purpose of supporting one or more antennas for communication purposes such as cellular telephones or similar, including self-supporting lattice towers, guyed towers, or monopole towers. Height shall be measured from finished grade to the highest point on the tower or other structure, including the base pad. This definition includes the structure, supports, and equipment buildings.

Regulations:

(a) Applicability. This land use shall not be regulated or permitted as Essential Services, Small Scale Public Services and Utilities, or Large Scale Public Services and Utilities. This section shall apply to the following:

1. New towers. All new towers in the City of Marshfield shall be subject to these regulations.

2. Preexisting towers. Preexisting towers shall not be required to meet the requirements of this section, other than the requirements of Subsection (4)(b) of this section.

3. Towers may be considered either principal or accessory uses. A different use on the same lot shall not preclude the installation of an antenna or tower on such lot.

(b) Compliance with Federal Regulations. Towers shall be erected and installed in accordance with the state electrical code adopted by reference in §10-31 et seq., National Electrical Safety Code, Federal Communications Commission, Federal Aviation Administration, and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.

(c) Placement Requirements.

1. It is the intention of the city to accommodate expansion of communication technology while minimizing the number of tower sites. New towers shall be structurally and electrically designed to accommodate the applicant's antenna and comparable antennas for 2 additional users. Towers shall be designed to allow for future rearrangement of antennas and to accept antennas mounted at varying heights.

2. No freestanding (not attached to an existing structure) monopole or tower structure shall be located closer than 100 percent of the height of the tower to any property line. This shall not apply to alternative tower structures.

3. Towers shall be located no closer than 200 percent the height of the tower to any residential zone or any zone designated for future residential use by the Future Land Use Map in the City of Marshfield Comprehensive Plan. Tower separation shall be measured from the base of the tower to the lot line of the off-site use and/or designated area as specified in this section. This shall not apply to alternative tower structures.

4. Tower guyed wires shall comply with requirements of the underlying zoning district in which the tower is located.

5. The placement of towers on the roof of existing buildings must maintain a setback from residential zones or properties the same as the building setback required for new buildings and cannot exceed a maximum height of 30 feet above the roof of the building or the maximum height of the district where it is placed, whichever is greater.

(d) Equipment buildings. Equipment buildings, including cabinets, used in connection with commercial communication antennas will be subject to the following conditions:

1. Whenever wireless telecommunications facilities are established, all related ground mounted equipment buildings shall be considered ancillary to any existing or proposed primary use. Any impact of the equipment buildings shall be made as minimal as possible so as not to detract from the principal use of the property.

2. Exterior storage of ground mounted equipment or materials shall not be permitted.

3. Except when located in the LI and GI zoning district, the maximum size of a single ground mounted equipment building shall not exceed 360 square feet. Additional ground mounted equipment buildings and buildings larger than 360 square feet may be granted by issuance of a conditional use permit, but may not exceed a total of 1,000 square feet of ground mounted equipment shelters per site.

4. Equipment buildings or structures may be mounted on the roof of a building provided that such building or structure is placed as unobtrusively as possible.

5. Any ground mounted equipment building used for accessory equipment must either be screened from view from all adjacent residential uses and potentially incompatible municipal uses with a minimum of a 6 foot tall evergreen hedge or other suitable vegetation, or the equipment building must be constructed with similar materials, style, roof pitch, etc., to complement the architectural character of the surrounding neighborhood. Alternative screening materials may be used in nonresidential areas.

6. Equipment buildings needed for accessory equipment may be allowed prior to the construction of a principal building.

7. All ground mounted equipment buildings shall at a minimum meet the required setbacks of a principal structure for the underlying zoning district and shall meet all applicable building code requirements.

(e) Height Requirements. Tower height shall be restricted to 150 feet. District height restrictions shall not apply to commercial communication towers.

(f) Towers shall not encroach into airspace prescribed by FAR part 77 and the most current Marshfield Municipal Airport Height Limitation Zoning Map.

(g) Collocation. A proposed tower shall be structurally and electrically designed to accommodate the applicant's antenna and comparable antennas for 2 additional users. Towers shall be designed to allow for future rearrangement of antennas and to accept antennas mounted at varying heights.

(h) Insurance. The applicant will provide adequate liability insurance for damage antennas or towers could cause to surrounding property and execute a lease agreement which includes equitable compensation for the use of public property along with provisions and safeguards as deemed necessary by the city.

(i) Other Limitations. The tower shall not adversely impact surrounding property; specifically, it shall not have aesthetic, economic, or safety impact on surrounding public or private property or interfere with transmission or reception.

(j) Advertising. No form of advertising or identification, sign or mural is allowed on the tower other than the customary manufacturer identification plate.

(k) Lighting. Towers shall not be artificially illuminated unless required by the FAA or any other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(l) Fencing. A tower shall be enclosed by security fencing not less than 6 feet in height and secured so that it is not accessible by the general public. Fence design, materials and colors shall reflect the character of the surrounding area.

(m) Abandonment.

1. The applicant shall provide a written agreement stating that if the tower or transmitters are unused for a period exceeding 12 months, the applicant shall remove the tower or transmitters upon written request from the Zoning Administrator within 60 days of such request.

2. If unused facilities are not removed within 60 days of such notification, the City may remove the items at the expense of the holder of the conditional use permit. Within 30 days of the date on which the tower use ceases, the permit holder shall provide the commission written notice of the cessation of use.

3. The applicant will submit a letter of credit, performance bond, or other security acceptable to the City to cover the cost of facility removal.

(n) Exceptions. Exceptions to the setbacks and height requirements listed above may be granted by a conditional use permit if appropriate engineering data is submitted showing that failure characteristics of the structure will not adversely impact abutting property and the structure does not encroach into airspace prescribed by FAR part 77 and the most current Marshfield Municipal Airport Height Limitation Zoning Map.

(Code 1982, 17.05; Ord. No. 1105, 2, 3, 6-26-2007)