Initiation: The owner of the subject property may submit an application.

Decision-maker(s): New telecommunicationtower and Class 1 collocation - Plan Commission recommendation and City Council decision; Class 2 collocation - Zoning administrator

Application fee: none

Submittal deadline: New telecommunicationtower and Class 1 collocation - 30 days before Plan Commission meeting; 

Procedures:
(a) New telecommunicationtower and Class 1 collocation. The general steps outlined below shall be used to review an application for a new telecommunication tower and a Class 1 collocation when designated as a conditional use in the land-use matrix (Table 8-1).

1. Submittal of application materials. The applicant shall submit a completed application to the zoning administrator along with the application fee as may be established by the Common Council.
2. Determination of completeness if it is found not to be complete, and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their application as often as necessary until it is complete.
3. General notice. Consistent with Division 2 of Article 6, the zoning administrator shall provide for a class 2 public notice, property owner notice, and meeting agenda notice.
4. Staff report preparation and distribution. The zoning administrator shall prepare a written staff report and provide a copy of it to each member of the Plan Commission and Common Council, the applicant, and any other interested person upon request.
5. Public hearing. Allowing for proper notice, the Plan Commission shall conduct a public hearing to review the application consistent with Division 3 of Article 6. Prior to the close of the public hearing, the applicant or the Plan Commission may request a continuance consistent with Division 3 of Article 6.
6. Staff follow-up. If the Plan Commission does not render a decision immediately following the public hearing, the Plan Commission may direct the zoning administrator, to prepare a preliminary decision document.
7. Recommendation. After considering all of the information submitted by the applicant, public comments received at the public hearing, and the staff report, the Plan Commission, no more than 40 calendar days after the public hearing, shall make a recommendation to the Common Council based on the decision criteria contained in this division to (i) approve the conditional use, (ii) approve the conditional use with conditions, or (iii) deny the conditional use.
8. Transmittal of recommendation. If the Plan Commission action is favorable, the zoning administrator shall prepare a draft decision document effectuating its determination. If the Plan Commission action is not favorable, the Plan Commission shall report its determination to the Common Council including its reasons for denial.
9. General notice. Consistent with Division 2 of Article 6, the zoning administrator shall place the matter on the meeting agenda of the Common Council.
10. Common Council meeting. Allowing for proper notice, the Common Council shall consider the application at a regular or special meeting.
11. Decision. After considering all of the information submitted by the applicant, public comments received at the public hearing, the staff report, and the Plan Commission’s recommendation, the Common Council shall make a decision to (i) approve the conditional use, (ii) approve the conditional use with conditions, or (iii) deny the conditional use. Final action shall be taken within 90 days of the date the application is deemed complete, unless the time is extended by the applicant.
12. Preparation of final decision document. Based on the action of the Common Council, the zoning administrator shall prepare a final decision document.
13. Applicant notification. Within a reasonable time following the Common Council’s decision, the zoning administrator shall mail the decision document to the applicant by regular mail.
14. Acceptance by property owner. If the application is approved, the property owner shall sign the decision document to acknowledge the terms of the approval and return the same to the zoning administrator within 6 months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the City Clerk requesting an extension and the Common Council may, with cause, extend the period within which the decision document must be signed. If the signed decision document is not returned within the initial or extended time period, if any, the decision shall become null and void without any further action by the City. The decision document shall only become effective when all required signatures have been obtained and the original signature copy is returned to the zoning administrator.
15. Public record copy. A duplicate copy of the decision document shall be retained as a public record.
16. Recording of decision document. If the property owner returns the decision document within the required time period with the required signatures, the zoning administrator shall record the decision document against the subject property in the office of the Bayfield County register of deeds.

In the event an applicant believes the City has exceeded its authority as set forth in s. 66.0404, Wis. Stats., and other such laws as may apply which may include 47 USCA s. 1455, the applicant shall notify the zoning administrator in writing and the reviewing authority reserves the right to reconsider the matter, to ensure that applicable laws are followed.

(b) Class 2 collocation. The general steps outlined below shall be used to review an application for a Class 2 collocation which is allowed in all zoning districts.

1. Submittal of application materials. The applicant shall submit a completed application to the zoning administrator along with the application fee as may be established by the Common Council.
2. Determination of completeness.The zoning administrator shall review the application and determine whether the application is complete. If the application includes all of the required information, the application shall be found to be complete. The zoning administrator shall notify the applicant in writing within 5 days of receiving the application if it is found not to be complete, and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their application as often as necessary until it is complete
3. Decision.  The zoning administrator shall make a decision on the application within 45 days of the date the application is deemed complete, unless the time is extended by the applicant. The decision shall be stated in writing. If approval is not granted, the reasons therefor must be stated.
4. Public record copy. A duplicate copy of the decision document shall be retained as a public record.

In the event an applicant believes the City has exceeded its authority as set forth in s. 66.0404, Wis. Stats., and other such laws as may apply which may include 47 USCA s. 1455, the applicant shall notify the zoning administrator in writing and the reviewing authority reserves the right to reconsider the matter, to ensure that applicable laws are followed.