[Amended 7-9-2018 by Ord.
No. 393]
The development and execution of this article is based upon
the division of the City into districts, within which districts the
use of land and buildings, and bulk and location of buildings and
structures in relation to the land are mutually compatible and substantially
uniform. However, there are certain uses which, because of their unique
characteristics, cannot be properly classified as unrestricted permitted
uses in any particular district or districts, without consideration,
in each case, of the impact of those uses upon neighboring land or
public facilities, and of the public need for the particular use of
a particular location. Such uses, nevertheless, may be necessary or
desirable to be allowed in a particular district, provided that due
consideration is given to location, development and operation of such
uses. Such uses are classified as conditional uses.
[Amended 7-9-2018 by Ord.
No. 393]
A.
The Plan Commission shall authorize the Zoning Administrator to issue
a conditional use permit for either regular or limited conditional
use after review and public hearing, provided that the applicant demonstrates
by substantial evidence that the application meets, or the applicant
agrees to meet, all of the requirements and conditions specified in
this chapter or imposed by the City. In the instance of the granting
of a limited conditional use, the Plan Commission in its findings
shall further specify the delimiting reason(s) or factors which resulted
in issuing limited rather than regular conditional use. Such Plan
Commission resolution, and the resulting conditional use permit, when,
for limited conditional use, shall specify the period of time for
which effective, if specified, the name of the permittee, the location
and legal description of the affected premises. Prior to the granting
of a conditional use, the Commission shall make findings based upon
the evidence presented that the standards herein prescribed are being
complied with. The decision to approve or deny the permit must be
based on substantial evidence.
B.
Any development within 500 feet of the existing or proposed rights-of-way
of freeways, expressways and within 1/2 mile of their existing or
proposed interchange or turning lane rights-of-way shall be specifically
reviewed by the highway agency that has jurisdiction over the traffic
way. The Plan Commission shall request such review and await the highway
agency's recommendation for a period not to exceed 20 days before
taking final action.
C.
Conditions such as landscaping, architectural design, type of construction,
construction commencement and completion dates, sureties, lighting,
fencing, planting screens, operation control, hours of operation,
improved traffic circulation, deed restrictions, highway access restrictions,
increased yards or parking requirements may be required by the Plan
Commission upon its finding that these are necessary to fulfill the
purpose and intent of this chapter.
D.
Compliance with all other provisions of this chapter, such as lot
width and area, yards, height, parking, loading, traffic, highway
access and performance standards, shall be required of all conditional
uses.
E.
"Substantial evidence" as used in this article means facts and information,
other than mere personal preferences or speculation, directly pertaining
to the requirements and conditions an applicant must meet to obtain
a conditional use permit and that reasonable persons would accept
in support of a conclusion.
[Amended 7-9-2018 by Ord.
No. 393]
Any person, firm, corporation or organization having a freehold
interest or a possessory interest entitled to exclusive possession,
or a contractual interest which may become a freehold interest, or
an exclusive possessory interest, and which is specifically enforceable
in the land for which a conditional use is sought may file an application
to use such land for one or more of the conditional uses in the zoning
district in which such land is located.
[Amended 7-9-2018 by Ord.
No. 393]
A.
Required application materials. An application for a conditional
use shall be filed in duplicate on a form prescribed by the City.
Such applications shall be forwarded to the Plan Commission on receipt
by the Zoning Administrator. Such applications shall include where
applicable:
(1)
A statement, in writing, by applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in § 500-35 hereinafter.
(2)
Names and addresses of the applicant, owner of the site, architect,
professional engineer, contractor and all property owners of record
within 100 feet.
(3)
Description of the subject site by lot, block and recorded subdivision
or by metes and bounds; address of the subject site; type of structure;
proposed operation or use of the structure or site; number of employees
and the zoning district within which the subject site lies.
(4)
Plat of survey prepared by a registered land surveyor showing all
of the information required for a building permit and existing and
proposed landscaping.
(5)
Additional information as may be required by the Plan Commission
or other boards, commissions or officers of the City. The Plan Commission
may require such other information as may be necessary to determine
and provide for an enforcement of this chapter, including a plan showing
contours and soil types; high-water mark and groundwater conditions;
bedrock, vegetative cover, specifications for areas of proposed filling,
grading, and lagooning; location of buildings, parking areas, traffic
access, driveways, walkways, open spaces and landscaping; plans of
buildings, sewage disposal facilities, water supply systems and arrangements
of operations.
B.
Plans. In order to secure information upon which to base its determination,
the Plan Commission may require the applicant to furnish, in addition
to the information required for a building permit, the following information:
(1)
A plan of the area showing contours, soil types, high-water mark,
groundwater conditions, bedrock, slope and vegetation cover.
(2)
Location of buildings, parking areas, traffic access, driveways,
walkways, open spaces, landscaping, lighting.
(3)
Plans for buildings, sewage disposal facilities, water supply systems
and arrangements of operations.
(4)
Specifications for areas of proposed filling, grading, lagooning
or dredging.
(5)
Other pertinent information necessary to determine if the proposed
use meets the requirements of this chapter.
[Amended 7-9-2018 by Ord.
No. 393]
All requests for conditional uses shall be to the Plan Commission or the Plan Commission can, on its own motion, apply conditional uses when applications for rezoning come before it. Upon receipt of the application and statement referred to in § 500-32 above, the Plan Commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
[Amended 7-9-2018 by Ord.
No. 393]
Notice of the time, place and purpose of such hearing shall
be given by publication of a Class 2 notice under the Wisconsin Statutes
in the official City newspaper. Notice of the time, place and purpose
of such public hearing shall also be sent to the applicant, the Zoning
Administrator, members of the Common Council and Plan Commission,
and the owners of record as listed in the office of the City Assessor
who are owners of property in whole or in part situated within 100
feet of the boundaries of the properties affected, said notice to
be sent at least 14 days prior to the date of such public hearing.
Failure to comply with this provision shall not, however, invalidate
any previous or subsequent action on the application.
[Amended 7-9-2018 by Ord.
No. 393]
In determining whether to approve, approve with conditions,
or deny a request for issuance of a conditional use permit, the Plan
Commission and the Zoning Board of Appeals shall consider all relevant
factors specified in other sections of this chapter, including standards
for specific requirements for certain land uses and activities. If
an applicant for a conditional use permit meets or agrees to meet
all of the requirements and conditions specified in this chapter or
imposed by the City, the City shall grant the conditional use permit.
The applicant must demonstrate by substantial evidence that the application
and all requirements and conditions established by the City are or
shall be satisfied. The decision to approve or deny the permit must
be based on substantial evidence. In addition, the following approval
criteria shall apply:
A.
That the establishment, maintenance or operation of the conditional
use will not be detrimental to or endanger the public health, safety,
morals, comfort or general welfare.
B.
That the uses, values and enjoyment of other property in the neighborhood
for purposes already permitted shall be in no foreseeable manner substantially
impaired or diminished by the establishment, maintenance or operation
of the conditional use and the proposed use is compatible with the
use of adjacent land.
C.
That the establishment of the conditional use will not impede the
normal and orderly development and improvement of the surrounding
property for uses permitted in the district.
D.
That adequate utilities, access roads, drainage and other necessary
site improvements have been or are being provided.
E.
That adequate measures have been or will be taken to provide ingress
and egress so designed as to minimize traffic congestion in the public
streets.
F.
That the conditional use shall, except for yard requirements, conform
to all applicable regulations of the district in which it is located.
G.
That the proposed use does not violate floodplain regulations governing
the site.
H.
That, when applying the above standards to any new construction of
a building or an addition to an existing building, the Plan Commission
and Zoning Board of Appeals shall bear in mind the statement of purpose
for the zoning district such that the proposed building or addition
at its location does not defeat the purposes and objective of the
zoning district.
I.
That, in addition to passing upon a conditional use permit, the Plan
Commission and Zoning Board of Appeals shall also evaluate the effect
of the proposed use upon:
(1)
The maintenance of safe and healthful conditions.
(2)
The prevention and control of water pollution including sedimentation.
(3)
Existing topographic and drainage features and vegetative cover on
the site.
(4)
The location of the site with respect to floodplains and floodways
of rivers and streams.
(5)
The erosion potential of the site based upon degree and direction
of slope, soil type and vegetative cover.
(6)
The location of the site with respect to existing or future access
roads.
(7)
The need of the proposed use for a shoreland location.
(8)
Its compatibility with uses on adjacent land.
(9)
The amount of liquid wastes to be generated and the adequacy of the
proposed disposal systems.
[Amended 7-9-2018 by Ord.
No. 393]
When a decision of denial of a conditional use application is
made, the Plan Commission shall furnish the applicant, in writing
when so requested, those standards that are not met and enumerate
reasons the Commission has used in determining that each standard
was not met.
[Amended 7-9-2018 by Ord.
No. 393]
Any action of the Plan Commission in granting or denying a conditional
use permit may be appealed to the Zoning Board of Appeals or to Circuit
Court. If appealing to the Zoning Board of Appeals, a written request
for an appeal must be filed within 10 days after the date of the Plan
Commission's action in granting or denying the permit. Such request
for appeal shall be signed by the applicant or by the owners of at
least 20% of the land area immediately adjacent extending 100 feet
therefrom or by the owners of 20% or more of the land directly opposite
thereto extending 100 feet from the street frontage of such opposite
land. The request shall be filed with the Zoning Administrator who
shall submit it to the Zoning Board of Appeals at its next meeting,
together with any documents and other data used by the Plan Commission
in reaching its decision. The Zoning Board of Appeals may consider
the matter forthwith, refer the matter to a subsequent meeting or
set a date for a public hearing thereon. In the event the Zoning Board
of Appeals elects to hold a public hearing, notice thereof shall be
given by mail to the known owners of the lands immediately adjacent
thereto and directly opposite any street frontage of the lot or parcel
in question and by publication of a Class 2 notice in the official
newspaper at least 10 days before the date of the hearing. The Zoning
Board of Appeals may either affirm or reverse by a two-thirds vote,
in whole or in part, the action of the Plan Commission and may finally
grant or deny the application for a conditional use permit.
[Amended 7-9-2018 by Ord.
No. 393]
The following provisions shall apply to all conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Plan Commission, or the Zoning Board of Appeals on appeal, may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in § 500-35 above. Conditions as to the permit's duration, transfer, or renewal may also be included. All conditions must be reasonable and, to the extent practicable, measurable. Any condition imposed must be related to the purpose of the ordinance and be based on substantial evidence. In all cases in which conditional uses are granted, the Plan Commission and Zoning Board of Appeals shall require such evidence and guaranties as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(8)
Hours of operation;
(9)
Traffic circulation;
(10)
Deed restrictions;
(11)
Access restrictions;
(12)
Setbacks and yards;
(13)
Type of shore cover;
(14)
Specified sewage disposal and water supply systems;
(15)
Planting screens;
(16)
Piers and docks;
(17)
Increased parking; or
(18)
Any other requirements necessary to fulfill the purpose and
intent of this chapter.
B.
Site review. In making its decision, the Plan Commission shall evaluate
each application and may request assistance from any source which
can provide technical assistance. The Commission may review the site,
existing and proposed structures, architectural plans, neighboring
uses, parking areas, driveway locations, highway access, traffic generation
and circulation, drainage, sewerage and water systems and the proposed
operation/use. If City reviewing officials require the assistance
of outside professionals in evaluating the application (i.e., engineering,
legal, etc.) the cost of such services shall be paid by the applicant.
C.
Alteration of conditional use. No alteration of a conditional use
shall be permitted unless approved by the Plan Commission.
D.
Architectural treatment. Proposed architectural treatment will be
in general harmony with surrounding uses and the landscape. To this
end, the Plan Commission may require the approval of the Architectural
Review Board.[1]
[1]
Editor's Note: Throughout this chapter, references to the
"Architectural Board" were amended to "Architectural Review Board"
10-18-2006 by Ord. No. 335.
E.
Sloped sites; unsuitable soils. Where slopes exceed 6% and/or where
a use is proposed to be located on areas indicated as having soils
which are unsuitable or marginal for development, on-site soil tests
and/or construction plans shall be provided which clearly indicate
that the soil conditions are adequate to accommodate the development
contemplated and/or that any inherent soil condition or slope problems
will be overcome by special construction techniques. Such special
construction might include, among other techniques, terracing, retaining
walls, oversized foundations and footings, drain tile, etc.
F.
Conditional uses to comply with other requirements. Conditional uses
shall comply with all other provisions of this chapter such as lot
width and area, yards, height, parking and loading. No conditional
use permit shall be granted where the proposed use is deemed to be
inconsistent or conflicting with neighboring uses for reasons of smoke,
dust, odors, noise, vibration, lighting, health hazards or possibility
of accident.
Where the Plan Commission has approved or conditionally
approved an application for a conditional use, such approval shall
become null and void within 12 months of the date of the Commission's
action unless the use is commenced, construction is underway or the
current owner possesses a valid building permit under which construction
is commenced within six months of the date of issuance and which shall
not be renewed unless construction has commenced and is being diligently
prosecuted. Approximately 45 days prior to the automatic revocation
of such permit, the Zoning Administrator shall notify the holder by
certified mail of such revocation. The Plan Commission may extend
such permit for a period of 90 days for justifiable cause, if application
is made to the City at least 30 days before the expiration of said
permit.
The Plan Commission shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this code. Upon written complaint by any citizen or official, the Plan Commission shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 500-35 above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in § 500-34 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Plan Commission may, in order to bring the subject conditional use into compliance with the standards set forth in § 500-35 or conditions previously imposed by the Plan Commission, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use as provided in § 500-38. Additionally, the offending party may be subjected to a forfeiture as set forth in this chapter and § 1-3. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in Subsections A and B of § 500-35 will be met, the Plan Commission may revoke the subject conditional approval and direct the Zoning Administrator and the City Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Plan Commission shall be furnished to the current owner of the conditional use in writing stating the reasons therefor. An appeal from a decision of the Plan Commission under this section may be taken to the Zoning Board of Appeals.
[Amended 10-18-2006 by Ord. No. 335; 3-20-2007 by Ord. No.
336; 4-20-2010 by Ord. No. 349]
A.
As conditional use. Bed-and-breakfast establishments shall be considered
conditional uses and may be permitted in residential districts pursuant
to the requirements of this article.
B.
BED-AND-BREAKFAST ESTABLISHMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
As defined in the definition of "bed-and-breakfast establishment" in § 500-108 of this chapter.
C.
Conditional use permit required.
(1)
City permit required. In addition to the permit required by Ch. DHS
197, Wis. Adm. Code, before opening for business every bed-and-breakfast
establishment shall obtain a conditional use permit.
(2)
Application requirements. The following is required to be furnished
at the time an application is filed for a conditional use permit in
addition to the other application requirements of this article:
(a)
A completed conditional use permit application, signed by owner
and dated.
(b)
Site plan showing location and size of building(s), parking
areas and signs.
(c)
Number, surfacing and size of parking stalls.
(d)
Number, size, location and lighting of signs.
(e)
A written description of the proposed use.
(f)
Any other information deemed necessary by the Commission.
(g)
Representation at the public hearing to present request to the
commission and answer questions if needed.
(h)
Permit application fee as set by the Common Council.
(i)
A copy of the recorded document establishing current ownership, a verified affidavit on a form supplied by the City, establishing that the ownership and residency requirements contained in the definition of bed-and-breakfast establishment in § 500-108 are met.
[Added 6-6-2011 by Ord. No. 356; amended 5-14-2012 by Ord. No.
363]
D.
Regulations.
(1)
Compliance with state standards. All bed-and-breakfast establishments
and licensees shall be subject to and comply with Ch. DHS 197, Wis.
Adm. Code, relating to bed-and-breakfast establishments.
(2)
Registry. Each bed-and-breakfast establishment shall provide a register
and require all guests to register their true names and addresses
before assigned quarters. The register shall be kept intact and available
for inspection by a City representative for a period of not less than
three years.
(3)
Meals limitation. No meals may be served to unregistered guests or
to the general public.
(4)
Obtain hotel-motel room tax permit, in accordance with § 54-19C(2) and submit reports and taxes as required.
(5)
Display of permits. The permits issued by the City shall be conspicuously
displayed in the bed-and-breakfast establishment.
(6)
Off-street parking required. Permits shall be issued only to those establishments that provide a minimum of one improved off-street parking space for each room offered for occupancy plus one for the owner, which are in compliance with the provisions of § 500-51.
(8)
Termination of permit. A permit issued in accordance with Subsection C above shall be valid until terminated by action of the Plan Commission for violation of the provisions of this section, or of State of Wisconsin regulations as set forth in Ch. DHS 197, Wis. Adm. Code, or for non-use as provided in Subsection D(11) below.
(9)
Permit transferable. A bed-and-breakfast conditional use permit shall
be transferable upon the sale or transfer of the property ownership,
as long as all of the parameters for approval remain the same (i.e.,
number of rooms, parking stalls, other conditions placed).
(10)
Ongoing verification of ownership and residency. The owner shall submit to the City with each annual room tax return required under § 54-19 a verified affidavit on a form supplied by the City establishing that the owner continues to meet the ownership and residency requirements contained in the definition of bed-and-breakfast establishment in § 500-108. The owner shall notify the City of any change in ownership or residency within 30 days after any such change.
[Amended 6-6-2011 by Ord. No. 356; 5-14-2012 by Ord. No. 363]
(11)
Use. Must commence the conditional use permit "use" (i.e., renting
a room) once per year or the permit becomes void.
A.
No garbage or refuse disposal sites shall be permitted
in the City of Bayfield except in conformance with the rules and regulations
of Ch. NR 514, Wis. Adm. Code.
B.
All such disposal sites shall have a minimum front,
side and rear yards of 100 feet each.
C.
Garbage and refuse disposal sites shall be screened
so that the salvage materials are not visible from other property
in the vicinity, nor from a public right-of-way such as roads, streets,
highways and waterways.
A.
Purpose. This section regulating the placement of
signal receiving antennas is adopted to:
(1)
Provide uniform regulation 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)
Protect the public from injury from 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 antenna; and
(4)
Provide for placement of such antennas in locations
that preserve access to rear property areas by fire-fighting apparatus
and emergency personnel.
B.
This section shall not apply to satellite antennas
that are exempted from regulation pursuant to § 62.23(7)(he),
Wis. Stats.
[Added 10-18-2006 by Ord. No. 335]
C.
Permit required. No owner shall, within the City of
Bayfield, build, construct, use or place any type of signal receiving
antenna until a permit shall have first been obtained from the Zoning
Administrator. A conditional use permit will be required for all signal
receiving antennas/satellite dishes, regardless of the method of mounting.
D.
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 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, 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.
E.
Application. Application for a signal receiving antenna
permit shall be made in writing to the Zoning Administrator. With
such application, there shall be submitted a fee as set by the Common
Council and a sufficient set of mounting plans and specifications,
including a general plot plan showing the location of the proposed
signal receiving antenna with respect to streets, lot lines and buildings.
If such application meets all requirements of this section, the application
shall be approved.
[Amended 10-18-2006 by Ord. No. 335]
F.
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.
(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. 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 Administrator 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 Zoning Administrator may require engineering calculations.
(3)
Diameter. The diameter of the signal receiving antenna
shall not exceed 15 feet in diameter, 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. 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 Zoning Administrator 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 manufacture'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 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 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.
G.
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.
