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, 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. As used in 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 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 Fox Lake, 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 Building Inspector.
(2)
Application for a signal receiving antenna permit when required under Subsection C(1) shall be made in writing to the Building Inspector. 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 10 feet from any 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 wall or 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 Building Inspector may require engineering calculations.
(3)
Diameter. The diameter of the signal receiving antenna shall not
exceed 15 feet in diameter for commercial uses or 10 feet in diameter
for residential uses, except for systems used to provide community
antenna television services.
(4)
Height.
(a)
A ground-mounted signal receiving antenna, including any platform
or structure upon which said antenna is mounted or affixed, may not
exceed 18 feet in height, as measured from the ground to the highest
point of the dish.
(b)
A roof-mounted antenna may not exceed 15 feet in height above
the surrounding roofline as measured from the lowest point of the
existing roofline.
(5)
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.
(6)
Electrical installations. 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 installation
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.
(7)
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. Failure to comply shall result in a citation
being issued for violation of this section. Any person making such
temporary placement shall first give written notice to the Building
Inspector of the date when such placement shall begin and end.
(8)
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.
(9)
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.
(10)
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.
(11)
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 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.
Construction of wind energy systems. No person shall construct or
operate a wind energy conversion system (WECS) without having fully
complied with the provisions of this section.
C.
Application requirements. An application for a permit to build a
wind energy system shall include the following:
(1)
The property lines of the proposed site of construction.
(2)
Proposed location of the WECS.
(3)
Location and description of all structures located on the property
where the WECS site is proposed.
(4)
Location of all aboveground utility lines within a radius equal to
two times the height of the proposed WECS.
(5)
Location of all underground utility lines on the property where a
WECS site is proposed.
(6)
Dimensional representation of the structural components of the tower
construction, including the base and footings.
(7)
Schematic of electrical systems associated with the WECS, including
all existing and proposed electrical connections.
(8)
Manufacturer's specifications and installation and operation instructions
or specific WECS design information.
(9)
Certification by a registered professional engineer that the tower
design is sufficient to withstand wind load requirements for structure
as defined by the Uniform Building Code.
D.
Blade clearance. The minimum distance between the ground and any
protruding blade(s) utilized on a WECS shall be 15 feet, as measured
at the lowest point of the arc of the blades. The minimum distance
shall be increased as necessary to provide for vehicle clearance in
locations where oversized vehicles might travel.
E.
Climbing towers; tower access. Access to towers shall be controlled
by fences six feet in height around the tower and anti-climbing devices.
Existing local regulations regarding attractive nuisances shall cover
wind systems as well. A sign indicating shock hazard shall be placed
on the tower. Such sign shall state: "Warning. Electrical shock hazard.
No unauthorized persons on tower. No trespassing." Cables, ropes or
wires used to secure the WECS shall be appropriately marked to prevent
accidental bodily harm.
G.
Utility interconnection. The WECS, if interconnected to a utility
system, shall meet the requirements for interconnection and operate
as set forth in the electrical utility's then current service regulations
applicable to WECS; these standards are subject to review by the Public
Service Commission.
H.
Setback requirements.
I.
Noise. During all operations, from commencement through abandonment,
all noise and vibrations shall conform to the requirements of the
City of Fox Lake Code of Ordinances.
J.
Interference with navigational systems. No WECS shall be installed
or operated in such a manner that is not in compliance with Federal
Aviation Administration regulations.
K.
Electrical distribution lines. All WECS electrical distribution lines
shall be located underground.
L.
Required safety features.
(1)
All WECS shall be designed with an automatic overspeed control to
render the system inoperable when winds are blowing in excess of the
speeds for which the machine is designed.
(2)
All WECS shall have a manually operable method to render the system
inoperable in the event of a structural or mechanical failure of any
part of the system, including the automatic overspeed control.
(3)
All WECS shall be designed with an automatic control to render the
system inoperable in case of loss of utility power to prevent the
WECS from supplying power to a de-energized electrical distribution
system.
(4)
Any WECS declared to be unsafe by the Zoning Administrator by reason
of inadequate maintenance, dilapidation, obsolescence, fire hazard,
disaster, damage or abandonment is hereby declared to be a public
nuisance and shall be abated by repair, rehabilitation, demolition,
or removal in accordance with the procedures set forth in the City
of Fox Lake Code of Ordinances.
M.
Maintenance. The Zoning Administrator or his representative shall
have the right, at any reasonable time, to enter, in the company of
the owner or his agent, the premises on which a WECS has been constructed
to inspect all parts of said WECS installation and require that repairs
or alterations be made within 30 days if, in his judgment, there exists
a deficiency in the structural stability of the system.
N.
Inspections. A yearly inspection at a fee to be determined from time
to time by resolution of the Common Council shall be made by the Zoning
Administrator to certify the safety and maintenance of the WECS and
accessory structures.
