A.
Permit required. No owner shall, within the Village,
build, construct, use or place any type of satellite earth station
until a permit shall have first been obtained from the Building Inspector
or Clerk-Treasurer.
B.
OWNER
SATELLITE TELEVISION DISH OR EARTH STATION
Definitions. For purposes of this section, the following
definitions shall apply:
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.
An apparatus capable of receiving communications from a transmitter
or a transmitter relay located in planetary orbit. They are also commonly
referred to as "disks," "satellite communications systems" or "home
earth stations."
C.
Application. Application for a satellite earth station
permit shall be made in writing to the Building Inspector or Clerk-Treasurer.
With such application there shall be submitted a fee as set by the
Village Board and a complete set of plans and specifications, including
a plot plan showing the location of the proposed satellite earth station
with respect to adjoining alleys, lot lines, and buildings. If such
application meets all requirements of this section, the application
shall be approved.
D.
Installation restrictions. Satellite earth stations
installed in any zoning district within the Village shall comply with
the following provisions:
(1)
Number of units. Not more than one satellite earth
station may be allowed per individual recorded lot, except additional
stations may be permitted upon application for a variance in nonresidential
zones.
(2)
Location and setbacks.
(a)
Any satellite dish mounting post shall only
be located in the rear yard of a residential lot and at least 15 feet
from any property line. Placement of a satellite dish in a business
or industrial district shall not be allowed unless a special exception
is granted by the Village Board.
(b)
If the dish cannot receive a usable satellite
signal in the rear yard of any residential lot but can receive such
a signal while located in a side yard, it may be located only in a
side yard after receiving approval from the Village Board. For corner
lots, a side yard is only a yard that does not face a street.
(c)
No dish shall be placed in the front yard of
any residential, business or industrial lot in the Village.
(d)
The Village Board shall determine whether a
signal constitutes a usable satellite signal, based on evidence provided
by the person seeking a permit to erect or construct the dish.
(3)
Mounting. Satellite earth stations located in agricultural
or residential districts shall be ground-mounted only. Satellite earth
stations may be wall- or roof-mounted in business or industrial districts
only. Satellite earth stations attached to the wall or roof of any
principal or accessory structure shall be subject to the structure
being constructed to carry all imposed loading. The Building Inspector
may require engineering calculations.
(4)
Diameter. The diameter of the satellite television
dish shall not exceed 10 feet for the ground-mounted dish and six
feet for the roof-mounted dish, except for stations used to provide
community antenna television services.
(5)
Height.
(6)
Wind pressure. All satellite earth stations 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. Electrical installations
in connection with satellite earth receiving stations, including grounding
of the system, shall be in accordance with 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 satellite
earth station to the receivers shall be installed underground unless
installation site conditions preclude installation underground. If
a satellite earth station 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 permit.
All satellite earth stations shall be grounded against direct lightning
strikes.
(8)
Temporary placement. No portable or trailer-mounted
satellite earth station 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 give written notice to the Building
Inspector of the date when such placement shall begin and end.
(9)
Advertising. No form of advertising or identification,
sign or mural is allowed on the dish or framework other than the customary
manufacturer's identification plates.
(10)
Interference with broadcasting. Satellite earth
stations shall be filtered and/or shielded so as to prevent the emission
or reflection of an 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 satellite
earth station 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 satellite earth station shall be in conformity with
the Federal Cable Communications Policy Act of 1984 and regulations
adopted thereunder.
(12)
Color. The color of any satellite dish shall
be such that it blends into its surroundings and shall be approved
by the Village Board as part of the application.
E.
Variances. Requests for variances from the standards established by this section may be made to the Zoning Board of Appeals pursuant to § 415-102 of this chapter.
F.
Enforcement.
(1)
It shall be unlawful to construct, use, build or locate
any satellite television dish in violation of any provisions of this
section. In the event of any violation, the Village Board 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.
[Amended 11-28-2000 by Ord. No. 2000-3]
A.
RADIO OR TELEVISION ANTENNA TOWER
Definition. For purposes of this section, the following
definition shall apply:
Any structure, whether freestanding or attached to an existing
building or structure, that is designed and constructed primarily
for the purpose of supporting one or more noncommercial antennas,
including self-supporting lattice towers, guy towers or monopole towers.
The term includes radio and television reception and transmission
towers, alternative tower structures, and the like, used solely for
noncommercial purposes by the owner, occupant, or tenant of the property.
B.
Installation restrictions. No radio or television
antenna tower shall be erected or installed within the front yard
or side yard. The rear setback and the side setback in rear yards
shall be that for the principal structure within the respective zoning
district. The exact location and installation of the antenna tower
shall be subject to approval by the Village Board. Any antenna attached
to the wall or roof of any principal or accessory structure shall
be subject to the structure being constructed to carry all imposed
loading. The Building Inspector may require engineering calculations
to support proposed installations.
C.
Height restrictions. No radio or television antenna
tower shall exceed a height of 20 feet above the roof ridge line of
the building on the property upon which the antenna is located or
60 feet above the ground measured at grade level, whichever is the
minimum.
D.
Safety code compliance. Radio and television antenna
towers shall be erected and installed in accordance with the Wisconsin
State Electrical Code, National Electrical Safety Code and the instructions
of the manufacturer. In cases of conflict, the stricter requirements
shall govern.
A.
Approval required. No owner shall, within the Village,
build, construct, use or place any type or kind of wind energy system
without holding the appropriate conditional use permit for said system.
B.
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.
C.
Basis of approval. The Village Board shall base its
determination on general consideration as to the effect of such grant
on the health, general welfare, safety and economic prosperity of
the Village 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 carrying out the intent of the Zoning Code.
D.
Fees. The Village Board shall by resolution establish
fees for the processing and issuance of conditional use permits under
this article.
E.
WIND ENERGY SYSTEMS
Definition. For purposes of this section, the following
definition shall apply:
Windmills which are used to produce electrical power.
A.
Application. The permit application for a wind energy
system shall be made to the Clerk-Treasurer or Building Inspector
on forms provided by the Village.
(1)
The application shall include the following information:
(a)
The name and address of the applicant.
(b)
The address of the property on which the system
will be located.
(c)
An accurate and complete written description
of the use for which special grant is being requested, including pertinent
statistics and operational characteristics.
(d)
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.
(e)
Any other information which the Village Board,
Building Inspector or Clerk-Treasurer may deem to be necessary to
the proper review of the application.
(2)
Applications for the erection of a wind energy conversion
system shall be accompanied by a plat of 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 of 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.
B.
The Clerk-Treasurer and/or Building Inspector shall
review the application and, if the application is complete and contains
all required information, shall refer it to the Village Board.
C.
Hearing. Upon referral of the application the Village
Board shall schedule a public hearing thereon as soon as practical
and the Village Board shall notice said hearing as deemed appropriate.
D.
Determination. Following public hearing and necessary
study and investigation, the Village Board shall as soon as practical
render its decision in writing, and a copy shall be made a permanent
part of the Board's minutes. Such decision shall include an accurate
description of the special 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 Village
Board may impose any conditions or exemptions necessary to minimize
any burden on any persons affected by granting the special use permit.
E.
Termination. When a special 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 for the public welfare, the
special grant may be terminated by action of the Village Board following
a public hearing thereon.
F.
Changes. Subsequent change or addition to the approved
plans or use shall first be submitted for approval to the Village
Board, and if in the opinion of the Board such change or addition
constitutes a substantial alteration, a public hearing before the
Board shall be required and notice thereof shall be given.
G.
Approval does not waive permit requirements. The approval
of a permit under this article shall not be construed to waive the
requirement to obtain electrical, building or plumbing permits prior
to installation of any system.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
[Added 11-28-2000 by Ord. No. 2000-3[1]]
A.
COLLATION
COMMUNICATION TOWER
Definitions. For purposes of this section, the following
definitions shall apply:
The location of more than one antenna or set of antennas
on the same tower structure.[2]
Any structure, whether freestanding or attached to an existing building or structure, that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like, used for commercial purposes. Residential radio and television antenna towers are governed by § 415-79.
B.
Safety code compliance. Communication towers shall
be erected and installed in accordance with the Wisconsin State Electrical
Code, National Electrical Safety Code, and all other applicable building
codes and federal and state laws and regulations and the instructions
of the manufacturer. In cases of conflict, the stricter requirements
shall govern. The applicant or owner seeking to install communication
tower equipment shall present to the Village credible evidence establishing
to a reasonable degree of certainty that the tower will not cause
electromagnetic interference with equipment on any existing communication
tower(s) or other electronic devices, including but not limited to
radios, televisions, and telephones, within the area in which the
applicant's equipment must be located, and that the equipment on any
existing communication tower(s) will not cause interference with the
applicant's equipment.
C.
Procedure and standards for the placement, construction or modification of communication towers. This section provides the procedures and standards for issuance of conditional use permits for the placement, construction or modification of communication towers as defined in Subsection A.
(1)
Permit required. It is intended that conditional use
permits shall be issued under this section to accommodate the expansion
of wireless communication technology while minimizing the number of
tower sites through the requirement that permitted towers be placed
or constructed so that they may be utilized for the collocation of
antenna arrays to the extent technologically and economically feasible.
(2)
Requirements for conditional use permit. No conditional
use permit for the placement or construction of a tower shall be issued
unless the applicant presents to the Plan Commission credible evidence
establishing to a reasonable degree of certainty the following:
(a)
No existing communication tower is located within
the area in which the applicant's equipment must be located;
(b)
No existing communication tower within the area
in which the applicant's equipment must be located is of sufficient
height to meet the applicant's requirements and the deficiency in
heights cannot be remedied at a reasonable cost;
(c)
No existing communication tower within the area
in which the applicant's equipment must be located has sufficient
structural strength to support the applicant's equipment and the deficiency
in structural strength cannot be remedied at a reasonable cost;
(d)
The applicant's equipment would cause electromagnetic
interference with equipment on the existing communication tower(s)
within the area in which the applicant's equipment must be located,
or the equipment on the existing communication tower(s) would cause
interference with the applicant's equipment, and the interference,
from whatever source, cannot be eliminated at a reasonable cost;
(e)
The fees, costs or contractual provisions required
by the owner in order to collocate on an existing communication tower
are unreasonable relative to industry norms; or
(f)
The applicant demonstrates that there are other
factors that render existing communication towers unsuitable or unavailable
and establishes that the public interest is best served by the placement
or construction of a new communication tower.
(3)
Impediments to collocation. The cost of eliminating
impediments to collocation shall be deemed reasonable if it does not
exceed by 25% the cost of constructing a new tower on which to mount
the applicant's equipment.
(4)
Third party consultation. In the event the Plan Commission determines that it is necessary to consult with a third party in considering the factors listed in Subsection C(2) above, all reasonable costs and expenses associated with such consultation shall be borne by the applicant. Failure to pay such costs and expenses or provide information requested by the Plan Commission shall be grounds for denial or revocation of a conditional use permit. The applicant may provide to the Plan Commission the names of consultants whom the applicant believes are qualified to assist in resolving the issues before the Plan Commission.
(5)
Height restriction. No communication towers shall exceed a height of 200 feet above the ground measured at grade level. In applying the standards and criteria set forth in § 415-80B through D to applications for conditional use permits for the placement or construction of a communication tower, the Plan Commission shall, unless it is shown to be unreasonable, condition the grant of the permit upon the applicant placing or constructing the communication tower so as to accommodate, at a minimum height of 150 feet, the collocation of two additional antenna arrays similar in size and function to that placed on the tower by the applicant. Collocation sites need not be available on the tower as initially placed or constructed, provided that the tower will support at the specified minimum height the later addition of the required number of collocation sites. Notwithstanding the height and number of collocation sites on the tower as initially placed or constructed, the communication tower design approved and permitted under this section shall be for a tower of 150 feet in height and shall include the required collocation sites. The holder of a permit under this section shall make the collocation sites required hereunder available for the placement of technologically compatible antenna arrays and equipment upon contractual provisions which are standard in the industry and at prevailing market rates allowing the permit holder to recoup the cost of providing the collocation sites and a fair return on investment.
(6)
Permit required for modifications. Unless otherwise provided herein, a conditional use permit is required for any modification of a communication tower which significantly alters the appearance or structural integrity of the tower or which involves the installation of antenna or equipment differing in size and function from that previously installed on the tower. The Plan Commission shall apply the standards under § 415-80B through D when considering an application for a conditional use permit to allow the modification of an existing communication tower. In addition, the Plan Commission shall consider the reasonableness, based on economic and technological feasibility, of conditioning the grant of the conditional use permit upon modifying the tower in a manner which would accommodate the collocation of one or more additional antenna arrays.
(7)
Proof of compliance. Upon written inquiry by the Plan
Commission, the recipient of a conditional use permit under this section
shall have the burden of presenting credible evidence establishing
to a reasonable certainty the continued compliance with all conditions
placed upon the conditional use permit. Failure to establish compliance
with all conditions placed upon the conditional use permit shall be
grounds for revocation of the permit. In the event the Plan Commission
determines that it is necessary to consult with a third party to ascertain
compliance with conditions on a conditional use permit, all reasonable
costs and expenses associated with such consultation shall be borne
by the holder of the subject conditional use permit. Failure to pay
such costs and expenses or provide information requested by the Plan
Commission shall be grounds for revocation of the conditional use
permit. The holder of the subject conditional use permit may provide
to the Plan Commission the names of consultants whom the permit holder
believes are qualified to assist in resolving the issues before the
Plan Commission. In any event, where a dispute arises under this section
involving an applicant for a conditional use permit and the holder
of a conditional use permit hereunder, the Plan Commission may allocate
consulting costs and expenses between the applicant and permit holder.
(8)
Collocation on existing towers. A conditional use
permit shall not be required for collocation on an existing tower
permitted under this section, provided that the collocated antenna
array or equipment is similar in size and function to that installed
by the holder of the conditional use permit for the tower, does not
significantly alter the appearance or structural integrity of the
tower approved and permitted under this section, and is fully in compliance
with all conditions contained in the original conditional use permit.
The holder of the conditional use permit for any tower on which collocation
occurs shall, within 30 days of such collocation, provide the Plan
Commission with written notification of the identity of the collocator
and the nature of the equipment installed. Within 30 days of the date
on which any collocated use ceases, the permit holder shall provide
the Plan Commission with written notice of the cessation of such use.
(9)
Incidental buildings. The holder of a conditional
use permit for a tower and any user collocating under this section
shall each be permitted to construct a building of no more than 14
feet in height and 314 square feet in floor area for use directly
incidental and necessary to the use of the tower. Two or more users
of the tower may build a single building with a floor area of no more
than 314 square feet per user sharing the building. Buildings constructed
or used by tower collocators shall be subject to conditions established
for the conditional use permit for the tower.
(10)
Identification of transmission equipment. Conditional
use permits issued hereunder shall identify the primary type or types
of transmission equipment which is to be placed on the subject communication
tower. Any communication tower on which the transmission equipment
so identified is no longer placed or used for a continuous period
of 12 months shall, upon notification by the Plan Commission, be removed
by the holder of the conditional use permit issued under this section.
If the tower is not removed within 60 days of such notification, the
Village may remove the tower at the expense of the holder of the conditional
use permit.
(11)
Applicant's disclosure of plans. The Plan Commission
may require that an applicant for a conditional use permit under this
section provide information regarding the applicant's then current
plans for future placement or construction of communication towers
in, or within 1 1/2 miles of, the Village limits in addition
to the tower which is the subject of the application.
D.
Definition of tower height. The height of a communication
tower shall be calculated as the overall vertical height of any structure,
whether freestanding or attached to an existing building or structure,
including all antennas and equipment attached to such tower, above
the ground.
E.
Abandonment and removal. When one or more antennas, a tower, an antenna support structure, or related equipment is not operated for the provision of communication services, as such services are defined above in Subsection A, for a continuous period of 12 months or more, such antenna, tower, antenna support structure, or related equipment may be deemed by the Village to be abandoned. The owner of such an antenna, tower, antenna support structure, or related equipment shall remove such items within 90 days following the mailing of written notice that the removal is required. Such notice shall be sent by certified or registered mail, return receipt requested, by the Village to such owner at the last known address of such owner. If two or more providers of communication services use the tower, antenna support structure, or related equipment to provide communication services, then the period of nonuse under this provision shall be measured from the cessation of operation at the location of such tower, antenna support structure or related equipment by all such providers.
