Part 18 — Wireless Communications Facilities

A. The purpose of the regulatory provisions set forth in this part is to establish development standards for the installation and maintenance of antennas and wireless telecommunications facilities within specified land use zones in the community. These standards are intended to ensure that the design and location of those antennas and facilities are consistent with previously adopted policies of the city to promote the public health, safety, comfort, convenience, and general welfare of the residents, and to enhance the aesthetic quality and appearance of the community by maintaining architectural character and structural integrity, and by protecting views and vistas from obtrusive and unsightly accessory uses and facilities.

B. In adopting and implementing the regulatory provisions of this part, it is the intent of the city council to further the objectives specified in subsection (A) of this section without unnecessarily burdening the federal interest in ensuring access to satellite services, in promoting fair and effective competition among competing communications service providers, and in eliminating local restrictions and regulations that, with regard to antennas, preclude reception of an acceptable signal quality or unreasonably delay and prevent or increase the cost of installation, maintenance, or use of those antennas. (Ord. 690 § 4 (Exh. A), 2018).

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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A. Permitted Accessory Uses. Satellite earth station antennas described in this section may be installed as permitted accessory uses without site plan review and without obtaining a building permit; provided, that they comply with all applicable development standards set forth in subsection (B) of this section, as well as all applicable building codes, electrical codes, and fire codes:

1. An antenna located in any land use zone, which antenna is designed to receive direct broadcast satellite service, including direct-to-home satellite services; provided, that such antenna is one meter (39 inches) or less in diameter and is either building-mounted or ground-mounted and elevated by a mast. If the diameter of the antenna is 18 inches or less, the antenna may extend above the roofline for only the height that is reasonably necessary to ensure the reception of broadcast signals of an acceptable quality. If the diameter of the antenna exceeds 18 inches, but does not exceed 39 inches, then the antenna must not extend above the roofline.

2. An antenna that is designed to receive video programming services and that is located in any land use zone where commercial or industrial uses are generally permitted, which antenna is two meters (78 inches) or less in diameter and is either building-mounted or ground-mounted and elevated by a mast. In no event may any such antenna extend more than 12 inches above the roofline.

3. An antenna located in any land use zone, which antenna is designed to receive video programming services by means of multipoint distribution services, including multichannel multipoint distribution services, and such antenna is one meter (39 inches) or less in diameter or diagonal measurement and is either building-mounted or ground-mounted and elevated by a mast. If the diameter or diagonal measurement is 18 inches or less, the antenna may extend above the roofline for only that height that is reasonably necessary to ensure the reception of broadcast signals of an acceptable quality. If the diameter or diagonal measurement exceeds 18 inches, but does not exceed 39 inches, then the antenna must not extend above the roofline.

   4. An antenna shall not be visible from a public street or shall be away from public view.

• B. Development Standards.

1. The following development standards apply in all land use zones to the siting, construction, and operation of satellite earth station antennas, and to all satellite earth station antennas that are subject to the site plan review and to the issuance of a building permit:

a. No satellite earth station antenna may be installed in any land use zone if it will impede normal vehicular or pedestrian circulation, ingress to, or egress from any building, structure, or parking facility.

b. Satellite earth station antennas, whether ground-mounted or building-mounted, including any guy wires, masts, and accessory equipment, must be located and designed so as to mitigate adverse visual impacts from adjacent properties and from public streets, which mitigation may involve screening by means of landscaping or the addition of new architectural elements that are compatible with the design

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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of adjacent buildings. This screening requirement may be modified if the antenna’s reception is impaired.

c. Satellite earth station antennas must be finished in a nonmetallic finish or painted in a color that is compatible with the surrounding environment.

d. Any mast that will be used to elevate a satellite earth station antenna must be constructed of noncombustible and corrosive resistant materials.

e. All satellite earth station antennas must be installed with adequate grounding wire to protect against a direct strike of lightning. The grounding wire must be a type approved by the electrical code for ground wiring of masts and lightning arresters.

• f. All satellite earth station antennas must be located away from utility lines by a 12-foot vertical

distance and a six-foot horizontal distance. Any mast that will be used to elevate a satellite earth station antenna must be secured by a separate safety wire in a direction away from adjacent power lines or other potential hazards.

g. To the extent feasible, all cables, wires, or similar electrical transmission devices that connect with a satellite earth station antenna must be placed underground.

h. If footings are required for the installation of a ground-mounted satellite earth station antenna, engineering calculations for those footings must be signed by a licensed structural or civil engineer.

i. All connectors on a satellite earth station antenna, and on any mast to be used for elevation, must be capable of sustaining a wind-load of at least 20 pounds.

j. No satellite earth station antenna, nor any of its component parts or accessory facilities, may encroach into the public right-of-way unless that encroachment is authorized by the city engineer as provided for in this code.

• k. All satellite earth station antennas must be properly maintained.

2. In addition to the development standards set forth in subsection (B)(1) of this section, the following

development standards apply in all residential land use zones to the siting, construction, and operation of satellite earth station antennas:

• a. The diameter of a satellite earth station antenna that is subject to site plan review may not exceed one meter.

b. A ground-mounted satellite earth station antenna must be located in the side yard or rear yard and at least five feet from any property line.

3. In addition to the development standards set forth in subsection (B)(1) of this section, the following

development standards apply in all nonresidential land use zones to the siting, construction, and operation of satellite earth station antennas:

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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a. All ground-mounted satellite earth station antennas must be located at least five feet from any property line.

• b. No ground-mounted satellite earth station antenna may be located in the area between the front property line and the main building or structure.

• c. If roof-mounted, a satellite earth station antenna must either be affixed to a flat portion of the roof structure having parapets, or it must be integrated with the architectural design of the building in accordance with a plan that is approved by the director of community development.

• C. Development Review Required.

1. If a proposed satellite earth station antenna will exceed the permissible height limitations referenced in subsection (B) of this section, or if the diameter or diagonal measurement of the proposed satellite earth station antenna exceeds the limitations specified in subsection (B) of this section, then an application for development review must be submitted in accordance with Chapter 20.84 CMC, Part 2, and, if the application is approved, a building permit must be obtained.

2. The city council expressly finds and determines that these regulatory requirements relating to site plan review are necessary, desirable, and in the best interests of the community in order to protect the public health, welfare and safety, to promote aesthetic objectives, and to maintain property values. The city council further finds and determines that these regulatory requirements are applicable only to the proposed installation of satellite earth station antennas that are not permitted accessory uses and that do not meet the criteria for exemption from local regulation established by the Federal Communications Commission under the Telecommunications Act of 1996.

3. In addition to the requirements set forth in Chapter 20.84 CMC, Part 2, the application for development review must include the following:

   • a. Construction drawings that show the proposed method of installation and the manufacturer’s specifications.

   • b. A plot plan showing the proposed location of the satellite earth station antenna.

   • c. Engineering data evidencing that the satellite earth station antenna will be in compliance with all structural requirements of the building code. (Ord. 690 § 4 (Exh. A), 2018).

A. City-Owned Land, Buildings, and Rights-of-Way. The regulatory provisions of this section do not apply to the siting of wireless telecommunications antenna facilities on city-owned land, buildings, and rights-of-way. The proposed siting of these facilities on all city-owned property is subject to development criteria and design guidelines adopted by the city council and will require a license agreement or lease agreement with the city council or another type of approval by the city council.

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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B. Applicability of Regulations. Subject to the exception set forth in subsection (A) of this section, the regulatory provisions of this section are applicable to the siting of wireless telecommunications antenna facilities on all land and buildings located within all land use zones. The siting and construction of wireless telecommunications antenna facilities in all land use zones is subject to approval of a conditional use permit by the planning commission.

C. Special Provisions for Minor Modifications. An application for a minor modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station, pursuant to Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. 1455(a), shall be approved as a zoning clearance pursuant to Chapter 20.84 CMC, Part 3.

D. Application for Conditional Use Permit. In addition to the requirements set forth in Chapter 20.84 CMC the application for a conditional use permit must include the following:

1. A site plan, drawn to scale, showing the proposed location of the wireless telecommunications antenna facility, the height of any existing or proposed new support structure, accessory equipment facility, guy wires, above- and below-ground wiring and connection cables, existing or proposed easements on the property, the height above ground of any panels, microwave dishes, or whip antennas, and the distance between the antenna facility and any existing or proposed accessory equipment facility.

2. A location map showing existing wireless telecommunications antenna sites within the city that are owned or operated by the applicant and any proposed sites in the city that may be required for future area coverage.

3. Detailed engineering calculations for foundation and wind loads, which calculations will be reviewed by the building department during plan check following the issuance of a conditional use permit.

4. Documentation by a study prepared by a qualified engineer that the electromagnetic fields generated at average peak level and maximum peak level of daily operation by the proposed wireless telecommunications facility, in combination with the electromagnetic fields generated at average peak level and maximum peak level of daily operation by any existing or planned wireless telecommunications facility within a radius of 1,500 feet from the proposed facility, will be within the public exposure limits approved by the Federal Communications Commission or any other regulatory agency with jurisdiction, particularly with respect to limits applicable to cumulative exposures to any sensitive receptor land uses located within a 1,500-foot radius of the proposed facility. The study must also analyze and disclose any engineering design alternatives that would minimize the electromagnetic fields generated by the proposed facility, and why such measures, if any, have not been included in the design of the facility.

5. A preliminary environmental review, with special emphasis placed upon the nature and extent of visual impacts.

6. Evidence of any required licenses and approvals to provide wireless telecommunications services in the community.

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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E. Factors Considered in Issuing Conditional Use Permits. The planning commission must consider the following factors in determining whether to issue a conditional use permit for a wireless telecommunications antenna facility:

1. Height of the proposed facility.

2. Proximity of the proposed facility to residential structures and to boundaries of residentially zoned districts.

3. The nature of existing uses on adjacent and nearby properties.

4. Surrounding topography.

5. Surrounding tree coverage and foliage.

6. Design of the proposed facility, with particular reference to design features that have the effect of reducing or eliminating visual obtrusiveness, such as a camouflaged facility, a facility screened by natural or artificial vegetation, or a facility located or co-located on an existing building or an existing support structure.

7. Proposed ingress and egress.

8. Availability of suitable existing buildings or support structures as set forth in this subsection E.

9. That the proposed facility has been designed to minimize the strength of the electromagnetic fields that it generates to the greatest extent feasible, and that the peak electromagnetic fields generated by the proposed facility, in conjunction with the peak electromagnetic fields of any other existing or planned such facilities within a 1,500-foot radius, will not exceed applicable standards for exposure of the public to electromagnetic fields at any location.

• F. Development Standards.

  1. Antenna arrays on wireless telecommunications antenna facilities that are proposed to be sited on an existing nonresidential building or support structure must be integrated with the architectural design and coloring of that existing building or support structure.

2. The siting of new support structures is subject to the following additional requirement: No new support structure will be permitted unless the planning commission makes the additional finding that, based upon evidence submitted by the applicant, no existing building or support structure can reasonably accommodate the proposed wireless telecommunications antenna facility. Evidence supporting this finding will be reviewed by the planning commission and may consist of any of the following:

• a. No existing buildings or support structures are located within the geographic area proposed to be served by the applicant’s facility.

• b. Existing buildings or support structures are not of sufficient height or structural strength to meet the applicant’s operational or engineering requirements.

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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c. The applicant’s proposed facility would create electromagnetic interference with another facility on an existing structure, or the existing antenna array on an existing building or support structure would create interference with the applicant’s proposed antenna array.

d. The costs, fees, or contractual provisions required by a property owner, or by an incumbent wireless telecommunications service structure, or to adapt an existing building or support structure for the location of the new antenna array, are unreasonable.

e. There are other limiting factors that render existing buildings and support provider, in order to colocate a new antenna array on an existing building or support structures unsuitable for use by the applicant.

3. If co-location of the proposed facility cannot be accomplished, the proposed facility must be sited at least 1,500 feet from any existing facility unless the planning commission determines that a shorter distance is required for technological reasons, or that it would result in less visual obtrusiveness in the surrounding area.

4. If a new support structure for a facility will be visible from adjacent residential properties or from major streets, the planning commission may require that the support structure be screened or camouflaged to mitigate adverse visual impacts.

5. Protective structures housing accessory equipment must not exceed 10 feet in height, must comply with all applicable setback requirements, and must be screened from public view or be made compatible with the color and architectural design of adjacent structures.

6. If a proposed facility will be visible from a residential area or a major street, any required fencing must be of wrought iron or similar decorative materials.

7. No new support structure may project from the roof of a building. A new freestanding support structure must be a minimum of 10 feet from a building on the same site unless that building houses equipment accessory to the support structure.

8. A new support structure that is to be located near a residential use or the boundary of a residential zoning district must be set back from the nearest residential lot line or boundary a distance that is at least equal to the height of that support structure.

9. The exterior of a new support structure must have a noncorrosive, nonmetallic finish that is not conducive to reflection or glare. The support structure, the antenna array, and the accessory equipment facility must all be of a neutral color.

10. Buildings and support structures may not be illuminated unless specifically required by the Federal Aviation Administration or other governmental agencies.

11. No off-premises or on-premises signs may be placed by a wireless telecommunications service provider on a telecommunications antenna facility.

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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12. The applicant and the property owner must sign an agreement, in a form to be provided by the city, that consents to the future co-location of facilities on the building or support structure to be used by the applicant, unless technical considerations preclude that co-location.

• G. Maintenance and Cessation of Use. The following requirements apply to wireless telecommunications antenna facilities located on existing buildings or support structures and on new support structures:

  1. The site must be maintained in a condition free of trash, debris, and refuse. All graffiti must be removed within 72 hours.

2. If a support structure, or an antenna array affixed to a building or to a support structure, becomes inoperable or ceases to be used for a period of six consecutive months, the permittee must give written notice of such inoperability or nonuse to the director of community development. The antenna array and, if applicable, the support structure and all associated ground equipment and enclosures must be removed within a 90-day period. If such removal does not occur, the city may remove the antenna array and, if applicable, the support structure and all associated ground equipment and enclosures at the permittee’s expense; provided, however, that if other antenna arrays owned or operated by other service providers are affixed to the same support structure, then only the antenna array and ground equipment and enclosures that have become inoperable or have ceased to be used are required to be removed, and the support structure may remain in place until all service providers cease to use it, whereupon it must be removed within a 90-day period, along with all remaining ground equipment and enclosures, by the last service provider to have used the facility. (Ord. 690 § 4 (Exh. A), 2018).

A. Variances Generally. In accordance with the provisions of Chapter 20.84 CMC, Part 5, application may be made for a variance from the restrictions and limitations imposed by this part upon the siting of satellite earth station antennas and wireless telecommunications antenna facilities.

B. Variance Requirements. A variance may be issued if, in addition to the general variance standards, the following requirements are met:

1. The applicant submits evidence satisfactory to the planning commission that location of the satellite earth station antenna or the wireless telecommunications antenna facility in the manner required by this section would (a) obstruct the antenna’s reception window or otherwise interfere with reception, and such obstruction or interference involves factors beyond the applicant’s control; or (b) the cost of meeting the requirements of this section is excessive in relation to the cost of the proposed antenna or antenna facility.

2. The applicant submits a certification, signed by a registered structural or civil engineer, that the proposed installation will be in compliance with all applicable requirements of the building code, including load distributions upon any proposed mast or other support structure. (Ord. 690 § 4 (Exh. A), 2018).

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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A. Development Review Required. The proposed installation of an amateur radio station antenna in any land use zone must be preceded by an application for development review in accordance with Chapter 20.84 CMC, Part 2, and if the application is approved a building permit must be obtained.

B. Application for Development Review. In addition to the requirements set forth in Chapter 20.84 CMC, Part 2, the application for development review must include the following:

1. Construction drawings that show the proposed method of installation and the manufacturer’s specifications.

2. A plot plan showing the proposed location and dimensions of the amateur radio station antenna.

3. Engineering data evidencing that the amateur radio station antenna will be in compliance with all structural requirements of the building code.

4. Copies of all licenses issued to the applicant by the FCC to engage in amateur radio service operations and to use the site as an amateur radio station.

• C. Factors Considered in the Development Review Process.

  1. In conducting development review for a proposed amateur radio station antenna, the planning commission must consider the following factors:

     • a. The proposed height of the amateur radio station antenna, and the applicant’s representations as to the technological necessity of the height to engage in amateur radio service operations of the nature contemplated.

     • b. Proximity of the proposed amateur radio station antenna to inhabited buildings and structures.

     • c. The nature of existing uses on adjacent and nearby properties.

     • d. Surrounding topography, tree coverage, and foliage, and their effect on the proposed height of the amateur radio station antenna.

e. Design of the proposed amateur radio station antenna, with particular reference to design features that provide for retraction of the antenna when not in use and design features that may reduce or eliminate visual obtrusiveness, particularly in residential zones.

2. In making any determination during the development review process to deny or to condition the application for an amateur radio station antenna, the planning commission must adhere to the following guidelines:

   • a. The imposition of conditions or restrictions relating to the placement, screening, or height of a proposed amateur radio station antenna, which conditions or restrictions are based upon protection of

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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the public health, welfare, and safety, aesthetic considerations, or the preservation of property values, must be considered on a case-by-case basis, taking into account the unique features of the proposed site, the factors specified in subsection (C)(1) of this section, and the reasonable accommodation required under subsection (C)(2)(b) of this section.

• b. The development review process must be conducted so as to:

• i. Reasonably accommodate the paramount federal interest in promoting amateur radio communications as voluntary, noncommercial communications services, particularly with respect to emergency communications; and

  • ii. Impose the minimum practical restrictions, limitations, and conditions in order to achieve the city’s legitimate regulatory objectives. (Ord. 690 § 4 (Exh. A), 2018).

Any antenna constructed in violation of this part, or in violation of any prior ordinance or regulation, is subject to immediate abatement. Any antenna that is lawfully constructed prior to the effective date of the ordinance codified in this title, and that does not comply with the requirements of this part, will be deemed a nonconforming use and will be subject to the provisions of Chapter 20.80 CMC. Such nonconforming use is subject to abatement in accordance with Chapter 20.80 CMC. (Ord. 690 § 4 (Exh. A), 2018).

A. Inspection. All satellite earth station antennas, amateur radio station antennas, and wireless telecommunications antenna facilities are subject to periodic inspection by the city to determine whether they are in compliance with all applicable provisions of this part.

B. Written Notice. If any condition is discovered that may result in a danger to life or property, the city will give written notice to the permittee or to the property owner, or both, at their last known address, describing the dangerous condition and demanding that the same be corrected within 10 days after that notice. (Ord. 690 § 4 (Exh. A), 2018).

The Cudahy Municipal Code is current through Ordinance 764, passed November 4, 2025.

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