MOBILE TOWER SITING REGULATIONS.
Madison General Ordinances § 28.143
in effect28.143 - MOBILE TOWER SITING REGULATIONS.
(1) Statement of Purpose.
The purpose and intent of this section is to strike a balance between the state and federal interest concerning the construction, modification and siting of mobile service facilities and mobile service support structures for use in providing personal wireless services, and the interest of the City in regulating local zoning. The goals of this section are to:
(a) Protect residential areas and land uses from the potential adverse impacts of towers and antennas.
(b) Minimize the total number of towers throughout the community.
(c) Encourage the joint use of new and existing tower sites as a primary siting option rather than construction of additional single-use towers.
(d) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(2) New Construction and Substantial Modification of Facilities and Support Structures.
(a) An application for a permit to engage in the siting or construction of a new mobile service support structure and facilities or to engage in a Class 1 collocation shall be submitted in writing to the Building Inspection Division and shall contain the following:
1. The name and business address of, and the contact individual for, the applicant.
2. The location of the proposed or affected support structure.
3. The location of the proposed mobile service facility.
4. If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
5. If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
6. If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
(b) The Building Inspection Division Director or their designee shall inform the applicant within ten (10) days of receipt of the application if the application is not complete. Notification shall be in writing and shall specify in detail the information that was incomplete.
(c) Within ninety (90) days of receipt of a completed application, the Building Inspection Division Director or designee shall issue a written decision to approve or deny the application. However, the Director or designee and the applicant may agree in writing to an extension of the ninety-(90) day period.
(d) Decisions to deny an application shall be supported by substantial evidence. Such evidence shall be included in the written decision.
(e) If an applicant provides an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in a zoning ordinance, that zoning ordinance does not apply to such a structure unless the Building Inspection Division Director or designee provides the applicant with substantial evidence showing that the engineering certification is flawed.
(f) The decision of the Building Inspection Division Director or designee is a final decision appealable to circuit court.
(3) Abandonment.
If a mobile service support structure shall cease to be used for a period exceeding one year and a day, the owner or operator of said structure shall remove the structure upon the written request of the City Building Inspection Division Director at no cost to the City within ninety (90) days of said request. Prior to the issuance of any building or zoning permits, a performance bond shall be provided to guarantee that a support structure that has ceased being used for mobile service facilities purposes is removed. The bond amount shall be the lesser of twenty thousand dollars ($20,000) or an amount based on a written estimate of a person qualified to remove such structures.
(4) Structural Requirements.
Every mobile service support structure and mobile service facility shall be designed and constructed so as to comply with the requirements of Chapter 17, MGO, and International Building Code (IBC) 3108, as amended from time to time. If, upon inspection, the Building Inspection Division Director concludes that a structure or facility fails to comply with such codes in effect at the time of construction, and constitutes a danger to persons or property, then upon notice being provided to the owner of the structure or facility, the owner shall have thirty (30) days or such time as determined by the Building Inspection Division Director to bring such tower into compliance with said codes.
Failure to bring such structure or facility into compliance within said thirty (30) days or such time as determined by the Building Inspection Division Director shall constitute grounds for the removal of the structure or facility at owner's expense.
(5) Basic Tower and Building Design.
All new mobile service support structures and facilities, except exempt facilities as defined in subsection (8), below, shall be designed as follows:
(a) Mobile service facilities and mobile service support structures shall be constructed out of metal or other nonflammable material.
(b) Mobile service facilities and mobile service support structures shall insure that sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.
(c) Emergency back-up generators shall be completely enclosed on all sides. Other efforts to mitigate noise from such generators may be required.
(6) Location.
A good faith effort in achieving collocation shall be required of the requestor and host entity, subject to existing collocation contracts, and all of the following measures shall be implemented for new mobile service support structures and Class 1 Collocations:
(a) No mobile service support structure shall be installed closer than one-quarter (¼) mile from another mobile service support structure, measured from the base of the existing structure to the base of the proposed structure, unless the applicant provides a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring:
1. Would not result in the same mobile service functionality, coverage, and capacity;
2. Is technically infeasible, or
3. Is economically burdensome to the mobile service provider.
For the purposes of this requirement, exempt mobile service facilities unavailable for collocation shall not be included in the one-quarter (¼) mile computation.
(b) No mobile service support structure shall be located on a lot in a residence district, unless said lot is greater than two (2) acres in area and the principal use is other than residential.
(c) Mobile service support structures towers, guy wires, appurtenant equipment and buildings shall comply with the yard and set back requirements of the zoning district in which they are located.
(7) Collocated and Multiple-User Facilities.
(a) An application for a permit to engage in Class 2 Collocation shall be submitted in writing to the Building Inspection Division and shall contain the following:
1. The name and business address of, and the contact individual for, the applicant.
2. The location of the proposed or affected support structure.
3. The location of the proposed mobile service facility.
(b) The Building Inspection Division shall inform the applicant within five (5) days of receiving the application if the application is not complete. Notification shall be in writing and shall specify in detail the information that was incomplete.
(c) Within forty-five (45) days of receipt of a completed application, the Building Inspection Division Director or designee shall issue a written decision to approve or deny the application, except that the Building Inspection Division Director or designee and the applicant may agree in writing to an extension.
(d) Decisions to deny an application shall be supported by substantial evidence. Such evidence shall be included in the written decision.
(e) The decision of the Building Inspection Division Director or designee is a final decision appealable to circuit court.
(f) Design for Collocation. All new mobile service support structures shall be structurally and electrically designed to accommodate at least three (3) separate antenna arrays, unless credible evidence is presented that said construction is economically and technologically unfeasible.
Multi-user mobile service support structures shall be designed to allow for future rearrangement of antennas and to accept antennas mounted at varying heights. Parking areas, access roads, and utility easements shall be shared by site users.
(8) Exempt Facilities.
(a) Amateur radio towers installed, erected, maintained and/or operated in any residential zoning district, by a federally-licensed amateur radio operator, complying with the provisions contained in Chapter 17, MGO, so long as all the following conditions are met:
1. The antenna use involved is accessory to the primary use of the property which is not a telecommunication facility.
2. In a residential zone, no more than one support structure for licensed amateur radio operator is allowed on the parcel.
3. Sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.
(b) Publicly owned and operated telecommunications facilities required in the public interest to provide for and maintain a radio frequency telecommunication system, including digital, analog, wireless or electromagnetic waves, for police, fire and other municipal services.
(Sec. 28.143 Rep. & Rec. by ORD-13-00189, 11-26-13)
Source: City of Madison, Wisconsin, Madison General Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOIICH20--31_CH28ZOCOOR_SUBCHAPTER_28IGERE_28.143MOTOSIREFetched: 11/1/2026