Despite its reluctance, the Waukesha Common Council recently approved the modification of its zoning code for cell towers to comply with a new state law.
However, many aldermen were not happy about the new state statute, which takes away most of a city's control over cell towers.
"The state Legislature passed a law that really kind of stinks, because it removes any level of local control," Alderman Joe Pieper said. "We're put in a very difficult situation to adopt something that's being directed by our state Legislature."
The new regulations, which went into effect July 1, says municipalities can't deny or regulate wireless tower permits for aesthetic reasons, nor can they limit the number of towers, their proximity to one another or the height of towers to under 200 feet.
Limits to decisions
City Planner Jennifer Andrews explained that a brand new tower will still need a permit, but the city is "just extremely limited as to what conditions you can put on the tower."
She said it would not need any other type of Plan Commission review, something it had control over in the past.
"When someone comes in to approve a tower, it's a visual plan, and the Plan Commission can place modifications on it," Andrews said. "That will no longer be the case."
That is most disheartening to Alderman Vance Skinner.
"I think it's disappointing that we have no purview at all," Skinner said. "And we approved quite a few cell towers at the Plan Commission and we've done a very good job with that within our community. The Plan Commission has done a fantastic job of tower placement and working with the telecommunications industry and providers that are out there.
"You don't even know where half the towers are because we've done such a good job," he added.
Law or no law?
Many aldermen felt the city was in a "no-win situation" because, as Human Resources Manager Donna Whalen said, if it didn't comply with state law, Waukesha would not have any ordinance and no regulations in place.
Skinner, who along with Aldermen Eric Payne and Adam Jankowski voted against the modification, was the most vocal about the city taking a stand against the state's new law.
"This sounds like this was written by a telecommunications lobbyist in Madison," Skinner said.
Skinner also said Waukesha can take a similar approach the Village of River Hills in Milwaukee County took and oppose it.
"We absolutely have a choice," said Skinner, who was part of the Plan Commission action that last month denied the city staff's recommendation to comply with the statute. "We can go with the flow and adopt this and make nice with Madison or we can send a message."
City Administrator Ed Henschel encouraged the council to approve the zoning code modifcations to ensure the city has some regulations in place. Whether the Common Council wants to challenge the statute through the state process is another matter, he said.
Aldermen expressed begrudging acceptance of the unfortunate reality of the situation.
"The time for us to have protested this would have been if we had been aware of the actions taking place in the Legislature," Alderwoman Joan Francoeur said.
Pieper added aldermen could still opt to act.
"There's 15 of us that represent various people across the community that can make a phone call to our state legislatures and express our extreme displeasure in their direction to remove some level of local control," he said.