[Amended by Ord. No. 1998-05-01]
A.
Purpose. This section regulating the placement of signal receiving
antennas is adopted to:
(1)
Provide uniform regulation of all signal receiving antennas, small
signal receiving antennas, and commercial satellite earth stations;
(2)
Protect the public from injury from signal receiving antennas and
small signal receiving 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;
(3)
Provide for placement of signal receiving antennas and small signal
receiving antennas in locations that preserve ingress and egress to
property areas by fire-fighting apparatus and emergency personnel.
(4)
Reduce potential contact and conflicts between antennas and utility
lines, both above and below grade level; and
(5)
Minimize obstructions to visibility around streets, sidewalks and
driveways.
B.
COMMERCIAL SATELLITE EARTH STATION
OWNER
SIGNAL RECEIVING ANTENNA
SMALL SIGNAL RECEIVING ANTENNA
(1)
(a)
(b)
(c)
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An antenna, usually parabolic in shape, designed and intended
for transmitting or receiving television, radio or microwave signals
to or from earth satellites, that is two meters or less in diameter
and is located in a commercial or industrial district, except those
portions of a site where most land uses are prohibited or severely
restricted, such as, for example, street areas, utility easements,
and visibility triangles.
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 or her interest. The personal representative
of at least one owner shall be considered an owner.
Any apparatus, other than a small signal receiving antenna
or a commercial satellite earth station, that is capable of receiving
communications from a transmitter or a transmitter relay located in
a planetary orbit, including parabolic antennas, home earth stations,
satellite television disks, and AM, FM, ham and shortwave radio antennas,
regardless of the method of mounting. A signal receiving antenna includes
all mounting and stabilizing items, such as a tower, a pole, a bracket,
guy wires, hardware, connection equipment and related items.
An antenna to receive:
Direct satellite service, including direct-to-home satellite
service, that is one meter or less in diameter;
Video programming services via multipoint distribution services,
including multichannel multipoint distribution services, instruction
television fixed services, and local multipoint services, and that
is one meter or less in diameter or measurement; and
Television broadcast signals.
A small signal receiving antenna includes all mounting and stabilizing
items, such as a tower, a pole, a bracket, guy wires, hardware, connection
equipment and related items.
C.
Permit requirements.
(1)
Signal receiving antennas.
(a)
No owner shall, within the Village of Belleville, build, construct,
use or place a signal receiving antenna regulated by this section
until a permit shall have first been obtained from the Building Inspector.
(b)
Application for a signal receiving antenna permit shall be made
in writing to the Building Inspector. With such application, there
shall be submitted a fee 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.
(c)
Prior to the issuance of a permit for the installation of a
signal receiving antenna, all owners of property adjoining that of
the applicant shall be notified of the application together with copies
of any plans or other material filed with the application deemed appropriate.
Each property owner shall have 10 days to object to the installation
of said antenna. If any adjoining property owner objects to the installation
of said antenna, no permit shall be issued, and the application, plans
and any objection thereto shall be referred to the Zoning Board of
Appeals.
(2)
Small signal receiving antennas.
(a)
No owner shall, within the Village of Belleville, install a
roof-mounted small signal receiving antenna structure more than 12
feet in height above the roof until a permit shall have first been
obtained from the Building Inspector. Permits shall not be required
for any other small signal receiving antennas.
(b)
Application for a permit for a roof-mounted small signal receiving
antenna structure more than 12 feet in height above the roof shall
be made in writing to the Building Inspector. With such application,
there shall be submitted a fee and a sufficient set of mounting plans
and specifications, including a general plot plan showing the location
of the proposed signal receiving antenna. The Building Inspector shall
issue a permit if the proposed antenna structure complies with all
applicable provisions of this section.
(3)
Commercial satellite earth stations. Permits shall not be required
for the installation or use of any commercial satellite earth station.
D.
Installation standards applicable to signal receiving antennas and
small signal receiving antennas. Signal receiving antennas and small
signal receiving antennas installed in any zoning district within
the Village shall comply with the following provisions:
(1)
Setbacks.
(a)
Any signal receiving antenna or small signal receiving antenna
shall be located a minimum of 15 feet from any property line.
(b)
Subject to the provisions herein, signal receiving antennas
and small signal receiving antennas shall only be located in the rear
yard of any lot. If acceptable reception of signals is impaired with
a rear yard placement due to the physical characteristics of the lot
and area, the antenna shall be placed in the side yard of the lot.
In the event that acceptable reception of signals is impaired by locating
the 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.
(2)
Mounting. Signal receiving antennas or small 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)
Wind pressure. All signal receiving antennas and small 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.
(4)
Electrical installations. Electrical installations in connection
with signal receiving antennas or small signal receiving antennas,
including grounding of the system, shall be in accordance with the
National Electrical Safety Code, Wisconsin State Electrical Code (Ch.
SPS 316, Wis. Adm. 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 antenna to the receivers
shall be installed underground unless installation site conditions
preclude underground installation. If an antenna is to be used by
two or more residential property owners, all interconnecting electrical
connections, cables and conduits must also be buried. All antennas
shall be grounded against direct lightning strikes.
(5)
Temporary placement. No portable or trailer-mounted signal receiving
antenna or small 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. 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.
(6)
Advertising. No form of advertising or identification, sign or mural
is allowed on the signal receiving antenna or small signal receiving
antenna other than the customary manufacturer's identification plates.
(7)
Compliance with federal regulations. The installation and use of
every signal receiving antenna and small signal receiving antenna
shall be in conformity with the Federal Cable Communications Policy
Act of 1984, as amended, and regulations adopted thereunder.
E.
Additional installation standards applicable to signal receiving
antennas. Signal receiving antennas installed in any zoning district
within the Village shall comply with the following additional provisions:
(1)
Aesthetic considerations. Signal receiving antennas shall be located
and designed to reasonably reduce visual impact from surrounding properties
at street level.
(2)
Color. The color of any signal receiving antenna shall be such that
it blends into its surroundings.
(3)
Diameter. The diameter of a signal receiving antenna shall not exceed
10 feet and six feet for a roof-mounted antenna, 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 10 feet in height, as measured from the ground to the highest
point of the antenna.
(b)
A roof-mounted antenna may not exceed 20 feet in height above
the surrounding roofline as measured from the lowest point of the
existing roofline.
F.
Variances. Requests for variances from the standards established
by this section shall be made to the Zoning Board of Appeals. In addition
to its other powers, the Zoning Board of Appeals may grant a variance
for a signal receiving antenna or a small signal receiving antenna
if:
(1)
The Zoning Board of Appeals finds that the intended function of the
antenna would be adversely affected, in some significant way, if the
antenna had to be constructed and installed in accordance with the
other provisions of this section; or
(2)
The variance is necessary to harmonize the Village's ordinances and
federal laws, rules or regulations.
G.
Enforcement.
(1)
It shall be unlawful to construct, use, build or locate any signal
receiving antenna or small signal receiving antenna 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.
(2)
Any person, firm or corporation who or which fails to comply with the provisions of this section shall, upon conviction, be subject to the general penalty found in § 1-4 of this Code.[1]
[1]
Editor's Note: Original Sec. 10-1-131, Radio or television
antenna towers, which immediately followed this section, was repealed
by Ord. No. 1998-05-01.
[Added by Ord. No. 1998-05-02]
A.
PERSONAL WIRELESS SERVICES
PERSONAL WIRELESS SERVICES ANTENNA
PERSONAL WIRELESS SERVICES ANTENNA TOWER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Commercial mobile telecommunications services, unlicensed
wireless telecommunications services, and common carrier wireless
telecommunications exchange access services.
An antenna used in connection with the provision of personal
wireless services.
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 personal wireless services
antennas, including but not limited to self-supporting lattice towers,
guy towers, or monopole towers.
B.
Permit required. No person shall, within the zoning jurisdiction of the Village of Belleville, build, construct, use or place any personal wireless services antenna or personal wireless services antenna tower until a conditional use permit shall have first been obtained in accordance with § 615-25 and this section.
C.
Standards.
(1)
Location. Personal wireless services antennas shall be located on
lawfully preexisting antenna support structures or other lawfully
preexisting buildings or structures wherever possible. No conditional
use permits authorizing construction of a new personal wireless services
antenna tower or addition to or expansion of an existing personal
wireless services antenna tower shall be authorized unless the applicant
is able to demonstrate that no lawfully preexisting building or structure
is available, on commercially reasonable terms, and sufficient for
the location of an antenna necessary for the provision of personal
wireless services.
(2)
Design of new personal wireless services antenna towers for co-location.
Unless otherwise authorized by the Village Plan Commission for good
cause shown, every new personal wireless services antenna tower shall
be designed, constructed and installed to be of a sufficient size
and capacity to allow the location of additional personal wireless
services antennas to accommodate at least two additional personal
wireless service providers on such structure in the future. Any conditional
use permit for such a support structure may be conditioned upon the
agreement of the applicant to allow co-location of other personal
wireless service providers on commercially reasonable terms specified
in such conditional use permit.
(3)
Modification of personal wireless antenna towers. Unless otherwise
provided herein, a conditional use permit is required for any modification
of a personal wireless services antenna tower which significantly
alters the appearance or structural integrity of the tower or which
involves the installation of antennas or equipment differing in size
and function from that previously installed on the tower. The Village
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 co-location of one or more additional antenna arrays.
(4)
Facilities associated with personal wireless services antennas. All
electronic and other related equipment and appurtenances necessary
for the operation of any personal wireless services antenna shall,
whenever possible, be located within a lawfully preexisting structure
or completely below grade. When a new structure is required to house
such equipment, such structure shall be harmonious with, and blend
with, the natural features, buildings and structures surrounding such
structure.
(5)
Abandonment and removal.
(a)
Permit holders shall notify the Village Plan Commission when
one or more antennas, an antenna support structure, or related equipment
is not operated for the provision of personal wireless services for
a continuous period of 12 months or more. If two or more providers
of personal wireless services use the antenna support structure or
related equipment to provide personal wireless services, then the
period of nonuse under this provision shall be measured from the cessation
of operation at the location of such antenna support structure or
related equipment by all such providers. Such antenna, antenna support
structure, or related equipment may be deemed to be abandoned by the
Village.
(b)
The owner of such an antenna, antenna support structure, or
related equipment shall remove such items within 90 days following
the mailing of written notice that 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 the owner fails or refuses to remove such items within the time
prescribed, the Village may cause such items to be removed, and the
cost of such removal shall be charged against the real estate on which
such items are located, and if that cost is so charged it is a lien
upon such real estate and may be assessed and collected as a special
assessment.
(6)
Compliance with conditional use permit. Upon written inquiry by the
Village 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.
(7)
Information regarding future antennas or towers. The Village 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 personal wireless services
antenna towers in the Village of Belleville, in addition to the tower
which is the subject of the application.
(8)
Payment of costs. The applicant shall pay all reasonable costs and
expenses, including fees charged by consultants and attorney fees,
incurred by the Village relating to any application for a conditional
use permit to construct a new personal wireless services antenna tower
or related facilities or to locate a personal wireless services antenna
on an existing tower or other structure. Holders of conditional use
permits shall also pay all reasonable costs and expenses relating
to establishing and enforcing compliance with conditional use permits.
If a dispute arises involving an applicant for a conditional use permit
and a holder of a conditional use permit, the Village Plan Commission
may allocate the costs and expenses incurred by the Village between
the applicant and the permit holder. Failure to pay such costs and
expenses or provide information requested by the Village Plan Commission
shall be grounds for denial or revocation of a conditional use permit.
(9)
Protection against climbing. Every personal wireless services antenna
and personal wireless services antenna tower shall be protected against
unauthorized climbing or other access by the public by fencing or
such other means as selected by the Village Plan Commission.
(10)
Color. Every personal wireless services antenna and personal
wireless services antenna tower shall be of neutral colors that are
harmonious with, and that blend with, the natural features, buildings
and structures surrounding such antenna and antenna support structures;
provided, however, that directional or panel antennas and omnidirectional
or whip antennas located on the exterior of a building that will also
serve as an antenna support structure shall be of colors that match,
and cause the antenna to blend with, the exterior of the building.
(11)
Limited to applicant. The rights granted under a conditional
use permit granting approval of a personal wireless services antenna
or a personal wireless services antenna tower shall not be assigned
or transferred without prior approval of the Village Plan Commission.
[Amended by Ord. No. 1997-03-01]
A.
Intent. The intent of this section is to provide a means to accommodate
a small family business without the necessity of a rezoning into a
commercial district. Approval of an expansion of a limited family
business or home occupation at a future time beyond the limitations
of this section is not to be anticipated; relocation of the business
to an area that is appropriately zoned may be necessary.
B.
Accessory use. Home occupations are determined to be an allowed accessory
use in all residential districts. Permits are not required prior to
engaging in such activities, but the following standards apply:
(1)
The home occupation shall be conducted only within the enclosed area
of the dwelling unit or attached or detached garage.
(2)
There shall be no exterior alterations which change the character
thereof as a dwelling, nor shall there be any evidence of any kind
visible from the exterior of the dwelling or other structure that
will indicate it is being utilized in part for any purpose other than
that of a dwelling or other allowed accessory use, other than those
signs permitted in the district.
(3)
No storage or display of materials, goods, supplies, or equipment
related to the operation of the home occupation shall be visible outside
any structures located on the premises.
(4)
The home occupation must not create smoke, odor, glare, noise, dust,
vibration, fire hazard, small electrical interference, electrical
emissions, any other nuisance not normally associated with the average
residential use in the district, or other fire or safety hazards that
are noticeably out of character with those produced by normal residential
occupancy.
(5)
The use shall not involve the use of commercial vehicles for more
than occasional delivery of materials to or from the premises, and
traffic generated by the home occupation may not exceed that which
is customary to residential occupancies in the neighborhood.
(6)
The sale of goods from the location of the home occupation shall
be limited to items produced on site and the sale of Tupperware, Shaklee,
Amway, and Avon products or other similar activities that are customarily
conducted from a residence as determined by the Zoning Administrator.
The direct sale of goods produced off site other than those described
above to the consumer from the dwelling is prohibited.
(7)
A permitted home occupation shall not occupy more than 25% of the
floor area of the dwelling.
(8)
Persons employed by a home occupation shall be limited to resident
family members and not more than one nonresident employee.
(9)
Under no circumstances shall a vehicle repair or body work business
qualify as a home occupation.
(10)
The home occupation must be clearly secondary and incidental
to the residential use of the property.
(11)
The home occupation must not unreasonably interfere with residential
occupancy of other parcels in the neighborhood.
(13)
Garage sales as a type of home occupation are allowable in all
residential districts, provided that not more than two are held on
a single premises per year and that each such sale shall not exceed
four days in duration.[1]
[1]
Editor's Note: Original Sec. 10-1-132(b)(14), which immediately
followed this subsection and dealt with day care, was repealed 1-19-2009
by Ord. No. 2009-01-03.
(14)
No on-site production shall be conducted which is typically
only permitted in the industrial zoning districts.
(15)
The property owner's written permission is required as part
of the compliance checklist required below.
C.
Compliance checklist. Notwithstanding the above, all who undertake
allowed home occupations in residential districts shall complete and
file a compliance checklist, in a form as approved by the Plan Commission
and made available by the Village Clerk/Treasurer, prior to commencing
the home occupation. This form shall be filed with the Village Clerk/Treasurer,
who shall retain the form while the home occupation is in use. The
filed compliance checklist shall be reviewed by the Zoning Administrator
to determine compliance of the home occupation with this chapter.
Such form shall be signed by both the owner and occupier of the premises
on which the home occupation takes place.
[Added 4-16-2012 by Ord.
No. 2012-03-01]
A.
BED-AND-BREAKFAST ESTABLISHMENT
TOURIST or TRANSIENT
TOURIST ROOMING HOUSE
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Any place of lodging that provides eight or fewer rooms for
rent to no more than a total of 20 tourists or other transients for
more than 10 nights in a twelve-month period, is the owner's personal
residence, is occupied by the owner at the time of rental, and in
which the only meal served to guests is breakfast.
A person who travels to a location away from his or her permanent
address for a short period of time for vacation, pleasure, recreation,
culture, business or employment.
All lodging places and tourist cabins and cottages, other
than hotels and motels, in which sleeping accommodations are offered
for pay to tourists or transients. It does not include private boardinghouses
or rooming houses not accommodating tourists or transients or bed-and-breakfast
establishments.
B.
Bed-and-breakfast
establishments.
(1)
Conditional
use. Bed-and-breakfast establishments shall be considered conditional
uses and may be permitted in residential zoning districts pursuant
to this chapter.
(2)
Registry.
Each bed-and-breakfast establishment shall provide a register containing
the guests' true names, addresses, and dates of occupancy. The register
shall be kept intact and available for inspection by a Village Building
Inspector for a period of one year after the guest checked in.
(3)
Compliance.
All bed-and-breakfast establishments shall be subject to and comply
with Ch. DHS 197, Wis. Adm. Code, relating to bed-and-breakfast establishments.
(4)
Termination
of conditional use permit (CUP). A bed-and-breakfast establishment
CUP shall automatically become void on the sale or transfer of the
property ownership or any fractional interest in the property. The
Plan Commission shall review and conditionally approve or disapprove
an application proffered by a person anticipating the purchase of
premises for such use. A CUP shall be valid until terminated by action
of the Plan Commission for violation of the provisions of this section
and/or the provisions of the conditional use permit.
C.
Tourist
rooming houses.
(1)
Conditional
use. Tourist rooming houses shall be considered conditional uses and
may be permitted in residential districts pursuant to this chapter.
(2)
Registry.
All tourist rooming houses shall provide a register containing the
guests' true names, addresses, and dates of occupancy. The register
shall be kept intact and available for inspections by a Village Building
Inspector for a period of one year from the date the guest checked
in.
(3)
Compliance.
All tourist rooming houses shall be subject to and comply with Ch.
DHS 195, Wis. Adm. Code, relating to tourist rooming houses.
(4)
Termination
of conditional use permit (CUP). A tourist rooming house CUP shall
automatically become void on the sale or transfer of the property
ownership or any fractional interest in the property. The Plan Commission
shall review and conditionally approve or disapprove an application
proffered by a person anticipating the purchase of premises for such
use. A CUP issued shall be valid until terminated by action of the
Plan Commission for violation of the provisions of this section and/or
the provisions of the conditional use permit.
[Amended by Ord. No. 2006-12-01]
B.
Uses. Bicycle trail business uses include the following:
(1)
Food store, up to 5,000 square feet in floor area.
(2)
Sporting goods stores, especially for recreation activities along
the bicycle trail.
(3)
Bed-and-breakfast establishments.
(4)
Antique dealers.
(5)
Health clubs.
(6)
Restaurants.
(7)
Other retail or service business uses which meet the intent of this
section.
