A.
Purpose. In order to secure uniformity and compliance with Federal
Communications Commission rules (FCC 96-328) on over-the-air reception
devices implementing Section 207 of the Telecommunications Act of
1996, this section regulating the placement of signal-receiving antennas
and over-the-air reception devices is adopted to:
(1)
Provide uniform regulation where necessary of all signal-receiving
antenna devices;
(2)
Secure placement of such antennas in an aesthetically sensitive manner
while allowing users reasonable reception of signals;
(3)
Preserve the integrity of historic preservation districts;
(4)
Protect the public from injury from roof-mounted antennas that are
inadequately mounted, unduly susceptible to wind pressure, or improperly
installed and wired or are placed on structures insufficiently designed
or constructed to safely support the roof-mounted antenna; and
(5)
Provide for placement of such antennas in locations that preserve
access to rear property areas by fire-fighting apparatus and emergency
personnel.
B.
OWNER
SIGNAL-RECEIVING ANTENNA
Definitions. For the purposes of this section, the following terms
shall have the meanings indicated:
The holder of record of an estate in possession in fee simple,
or for life, in land or real property or a vendee of record under
a land contract for the sale of an estate in possession in fee simple,
or for life, but does not include the vendor under a land contract.
A tenant in common or joint tenant shall be considered such owner
to the extent of his/her interest. The personal representative of
at least one owner shall be considered an owner.
Any outdoor apparatus capable of receiving communications
from a transmitter or a transmitter relay located in a planetary orbit.
This definition includes all types of signal-receiving antennas and
over-the-air reception devices, including, without limitation, parabolic
antennas, home earth stations, satellite television disks, UHF and
VHF television antennas, and AM, FM, ham and short-wave radio antennas,
regardless of the method of mounting.
C.
Limited permit requirement.
(1)
No owner shall, within the City of New Lisbon, build, construct,
use or place any type of signal-receiving antenna or over-the-air
reception device that is roof-mounted or proposed to be located in
a designated historic preservation district until a permit shall have
first been obtained from the Zoning Administrator.
(2)
Application for a signal-receiving antenna permit, when required under Subsection C(1), shall be made in writing to the Zoning Administrator. With such application, there shall be submitted a sufficient set of mounting plans and specifications to allow a determination to be made that the device can be safely roof-mounted or, in the case of a historic preservation district, can be located in such a manner as to not seriously detract from the historic character of the district. There is no fee for such permit. If such application meets the requirements of this section, the application shall be approved.
E.
Installation standards. Signal-receiving antennas installed in any
zoning district within the City shall comply with the following provisions:
(1)
Setbacks.
(a)
Any signal-receiving antenna and its mounting post shall be
located a minimum of five feet from any side or rear property line.
The purpose of setback regulations is to protect the aesthetics of
the area and to preserve adequate access for emergency equipment and
personnel.
(b)
Subject to the provisions herein, signal-receiving antennas shall only be located in the rear yard of any lot. If reasonable reception of signals is not possible with a rear yard placement due to the physical characteristics of the lot and area, the signal-receiving antenna shall be placed in the side yard of the lot. In the event that reasonable reception of signals is not possible by locating the signal-receiving antenna on the rear or side yard of the property, such antenna may be placed in the front yard or on the roof of structures on the property following compliance with Subsection C above. For corner lots, a side yard is only a yard that does not face a street.
(c)
If side yard, front yard or roof mounting is requested, the
Zoning Board of Appeals shall determine where reasonable reception
is possible, based on evidence provided by the person seeking to erect
or construct the antenna.
(2)
Mounting. Signal-receiving antennas attached to the roof of any principal
or accessory structure shall be permitted only if the structure is
properly constructed to carry all imposed loading and complies with
applicable state and local building code requirements. The Zoning
Administrator may require engineering calculations.
(3)
Diameter. The diameter of the signal-receiving antenna shall not
exceed 12 feet for the ground-mounted antenna and 10 feet for the
roof-mounted antenna, except for stations used to provide community
antenna television services.
(4)
Height. A ground-mounted signal-receiving antenna, including any
platform or structure upon which said antenna is mounted or affixed,
may not exceed 14 feet in height, as measured from the ground to the
highest point of the dish.
(5)
Roof-mounted antennas.
(a)
In all residential zoning districts, roof-mounted antennas shall
only be permitted subject to the provisions contained herein:
(b)
In the commercial and industrial zoning districts, earth station
dish antennas shall not extend more than 20 feet above the height
limit established for the district in which the structure is located.
(6)
Wind pressure. All signal-receiving antennas shall be permanently
mounted in accordance with the manufacturer's specifications for installation.
All such installations shall meet a minimum wind load design velocity
of 80 miles per hour.
(7)
Electrical installations. To safeguard public safety, electrical
installations in connection with signal-receiving antennas, including
grounding of the system, shall be in accordance with the National
Electrical Safety Code, Wisconsin State Electrical Code and the instructions
of the manufacturer. In cases of conflict, the stricter requirements
shall govern. All cable used to conduct current or signals from the
signal-receiving antenna to the receivers shall be installed underground
unless site conditions preclude underground installation. If a signal-receiving
antenna is to be used by two or more residential property owners,
all interconnecting electrical connections, cables and conduits must
also be buried. The location of all such underground lines, cables
and conduits shall be shown on the application for a permit. All signal-receiving
antennas shall be grounded against direct lightning strikes.
(8)
Temporary placement. No portable or trailer-mounted signal-receiving
antenna shall be allowed, except for temporary installation for on-site
testing and demonstration purposes for periods not exceeding five
days. However, such trial placement shall be in accordance with all
provisions of this section.
(9)
Advertising. No form of advertising or identification sign or mural
is allowed on the signal-receiving antenna other than the customary
manufacturer's identification plates.
(10)
Interference with broadcasting. Signal-receiving antennas shall
be filtered and/or shielded so as to prevent the emission or reflection
of any electromagnetic radiation that would cause any harmful interference
with the radio and/or television broadcasting or reception on adjacent
properties. In the event that harmful interference is caused subsequent
to its installation, the owner of the signal-receiving antenna shall
promptly take steps to eliminate the harmful interference in accordance
with Federal Communications Commission regulations.
(11)
Compliance with federal regulations. The installation and use
of every signal-receiving antenna shall be in conformity with the
Federal Cable Communications Policy Act of 1984 and regulations adopted
thereunder, including Federal Communications Commission rules.
(12)
Aesthetic considerations. Signal-receiving antennas shall be
located and designed to reasonably reduce visual impact from surrounding
properties at street level.
F.
Enforcement.
(1)
It shall be unlawful to construct, use, build or locate any signal-receiving
antenna in violation of any provisions of this section. In the event
of any violation, the Common Council, a City enforcement official,
or any property owner who would be specifically damaged by such violation
may institute appropriate action or proceedings to enjoin a violation
of this section.
A.
Conditional use permit required.
(1)
Approval required. No owner shall, within the City of New Lisbon,
build, construct, use or place any type or kind of wind energy conversion
system without holding the appropriate conditional use permit for
said system.[1]
(2)
Separate permit required for each system. A separate conditional
use permit shall be required for each system. Said permit shall be
applicable solely to the systems, structures, use and property described
in the permit.
(3)
Basis of approval. The Common Council shall base its determinations
on general considerations as to the effect of such grant on the health,
general welfare, safety and economic prosperity of the City and, specifically,
of the immediate neighborhood in which such use would be located,
including such considerations as the effect on the established character
and quality of the area, its physical attractiveness, the movement
of traffic, the demand for related services, the possible hazardous,
harmful, noxious, offensive or nuisance effect as a result of noise,
dust, smoke or odor and such other factors as would be appropriate
to carry out the intent of this chapter.
B.
Permit procedure.
(1)
Application. The permit application for a wind energy conversion
system shall be made to the Zoning Administrator on forms provided
by the City of New Lisbon.[3]
(a)
The application shall include the following information:
[1]
The name and address of the applicant.
[2]
The address of the property on which the system will be located.
[3]
An accurate and complete written description of the use for which
a conditional use permit is being requested, including pertinent statistics
and operational characteristics.
[4]
Plans and other drawings showing proposed development of the site
and buildings, including landscape plans, location of parking and
service areas, driveways, exterior lighting, type of building material,
etc., if applicable.
[5]
Any other information which the Zoning Administrator, Common Council
or Building Inspector may deem to be necessary to the proper review
of the application.
(b)
Applications for the erection of a wind energy conversion system
shall be accompanied by a plat or survey for the property to be served
showing the location of the generating facility and the means by which
the facility will provide power to structures. If the system is intended
to provide power to more than one premises, the plat or survey shall
show all properties to be served and the means of connection to the
wind energy conversion system. A copy of all agreements with system
users off the premises shall accompany the application. The application
shall further indicate the level of noise to be generated by the system
and provide assurances as to the safety features of the system. Energy
easements shall accompany the application.
(c)
The Zoning Administrator shall review the application and, if
the application is complete and contains all required information,
shall refer it to the Common Council.
(2)
Hearing. Upon referral of the application, the Common Council shall schedule a public hearing thereon following the procedures for conditional use permits in Article V.
(3)
Determination. Following public hearing and necessary study and investigation,
the Common Council shall, as soon as practical, render its decision
and a copy shall be made a permanent part of the Council's minutes.
Such decision shall include an accurate description of the conditional
use permitted, of the property on which permitted, and any and all
conditions made applicable thereto, or, if disapproved, shall indicate
the reasons for disapproval. The Common Council may impose any conditions
or exemptions necessary to minimize any burden on the persons affected
by granting the conditional use permit.[4]
(4)
Termination. When a conditional use does not continue in conformity
with the conditions of the original approval, or where a change in
the character of the surrounding area or of the use itself causes
it to be no longer compatible with surrounding areas, or for similar
cause based upon consideration of the public welfare, the conditional
use may be terminated by action of the Common Council following a
public hearing thereon.[5]
(5)
Changes. Subsequent change or addition to the approved plans or use
shall first be submitted for approval to the Common Council, and if,
in the opinion of the Council, such change or addition constitutes
a substantial alteration, a public hearing before the Common Council
shall be required and notice thereof shall be given.
(6)
Approval does not waive permit requirements. The approval of a permit
under this section shall not be construed to waive the requirement
to obtain electrical, building or plumbing permits prior to installation
of any system.
C.
Specific requirements regarding wind energy conversion systems.
(1)
Additional standards. Wind energy conversion systems, commonly referred
to as "windmills," which are used to produce electrical power shall
also satisfy the requirements of this section in addition to those
found elsewhere in this article.[6]
[6]
Editor's Note: Original Sec. 13-1-133(b), Application, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 520-83B(1)(b).
(2)
Construction. Wind energy conversion systems shall be constructed
and anchored in such a manner to withstand wind pressure of not less
than 40 pounds per square foot in area.
(3)
Noise. The maximum level of noise permitted to be generated by a
wind energy conversion system shall be 50 decibels, as measured on
a dB(A) scale, measured at the lot line.
(4)
Electromagnetic interference. Wind energy conversion system generators
and alternators shall be filtered and/or shielded so as to prevent
the emission of radio frequency energy that would cause any harmful
interference with radio and/or television broadcasting or reception.
In the event that harmful interference is caused subsequent to the
granting of a conditional use permit, the operator of the wind energy
conversion system shall promptly take steps to eliminate the harmful
interference in accordance with Federal Communications Commission
regulations.
(5)
Location and height. Wind energy conversion systems shall be located
in the rear yard only and shall meet all setback and yard requirements
for the district in which they are located and, in addition, shall
be located not closer to a property boundary than a distance equal
to their height. Wind energy conversion systems are exempt from the
height requirements of this chapter; however, all such systems over
75 feet in height shall submit plans to the Federal Aviation Administration
(FAA) to determine whether the system is to be considered an object
affecting navigable air space and subject to FAA restrictions. A copy
of any FAA restrictions imposed shall be included as a part of the
wind energy conversion system conditional use permit application.
(6)
Fence required. All wind energy conversion systems shall be surrounded
by a security fence not less than six feet in height. A sign shall
be posted on the fence warning of high voltages.
(7)
Utility company notification. The appropriate electric power company
shall be notified, in writing, of any proposed interface with that
company's grid prior to installing said interface. Copies of comments
by the appropriate utility company shall accompany and be part of
the application for a conditional use permit.
