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.
Permit required. No owner shall, within the Village of Benton, build,
construct, use or place any type of signal receiving antenna regulated
by this section until a permit shall have first been obtained from
the Building Inspector.
C.
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 or her 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 attached to towers,
and AM, FM, ham and short-wave radio antennas, regardless of the method
of mounting.
D.
Application.
(1)
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.
(2)
Prior to the issuance of a permit for the installation of a satellite
television 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.
(a)
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 Board of Appeals.
E.
Installation standards. Signal receiving antennas installed in any
zoning district within the Village shall comply with the following
provisions:
(1)
Setbacks.
(a)
Any signal receiving antenna and its mounting posts shall be
located a minimum of 15 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
Building Inspector 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 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 roof line as measured from the lowest point of the
existing roof line.
(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 mph.
(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 (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
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 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 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.
(12)
Color. The color of any satellite dish shall be such that it
blends into its surroundings and shall be approved by the Building
Inspector as part of the application.
F.
Variances. Requests for variances from the standards established
by this section shall be made to the Board of Zoning Appeals.
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 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.
A.
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 of the antenna
tower shall be subject to approval by the Zoning Administrator.
B.
No radio or television tower shall exceed a height of 20 feet above
the roof 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.
C.
Radio or television antenna towers shall be erected and installed
in accordance with the Wisconsin State Electrical Code, National Electrical
Code, Federal Communications Commission and the instructions of the
manufacturer; in cases of conflict the stricter requirements shall
govern.
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 materials, goods, supplies, or equipment related to the operation
of the home occupation shall be stored or displayed outside any structures
located on the premises (a limited outside display of materials may
be allowed if approved as a conditional use);
(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;
(14)
Day care is allowable as a home occupation on a residential
premises. Conditional use approval will be required, however, if § 48.65,
Wis. Stats., or as it may be hereafter amended, applies;
(15)
No on-site production shall be conducted which is typically
only permitted in the industrial zoning districts;
(16)
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 code. Such
form shall be signed by both the owner and/or occupier of the premises
on which the home occupation takes place.
[Added 8-17-2005 by Ord. No. 05-04]
A.
Purpose. The purpose of this section is to control through zoning
regulations certain adult-oriented entertainment uses that have a
direct and detrimental effect on the character of the Village's residential
neighborhoods and commercial areas.
B.
Limitation on communication materials. It shall not impose a limitation
on the content of any communication materials, including sexually
oriented materials as protected by the First Amendment.
C.
ADULT-ORIENTED ENTERTAINMENT BUSINESS
NUDITY
SEXUAL CONDUCT
SEXUAL EXCITEMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An adult bookstore, adult video center, adult theater, adult
massage parlor, adult sauna, adult entertainment center, adult cabaret,
adult health/sport club, adult steam room/bathhouse facility, or any
other business whose primary business activity is characterized by
emphasis on matters depicting, describing, or relating to nudity,
sexual conduct, sexual excitement or sadomasochistic abuse as defined
herein.
The showing of the human male or female genitals or pubic
area with less than a fully opaque covering or the depiction of covered
male genitals in a discernibly turgid state and/or the appearance
of bare buttocks, anus, or female breast.
Acts of masturbation, sexual intercourse, or physical contact
with a person's unclothed genitals, pubic area, buttocks, or, if such
person be a female, her breast.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
D.
Applicability. The provisions of this section of the Zoning Code
shall apply to all existing and future adult-entertainment-oriented
businesses. However, any such existing business that does not meet
the zoning district restrictions or the distance limitations may continue
its existence as a nonconforming use; provided, however, that no such
business may be enlarged or increased in size or be discontinued for
a period of no more than 180 days.
E.
General requirements.
(1)
Zoning district. Adult-use-only bookstores, adult theaters, adult
massage parlors, adult saunas, adult entertainment centers, adult
cabarets, adult health/sport clubs, adult steam room/bathhouse facilities,
and other adult-oriented entertainment businesses sexual in nature
may be operated or maintained only within the M-1 Manufacturing District,
provided that it is located on a minor or major arterial road and
subject to the distance limitations noted below.
(2)
Distance limitations. No adults-only bookstore, adult theaters, adult
massage parlor, adult cabaret, health/sport club, adult steam room/bathhouse
facility, or other adult-oriented entertainment businesses as defined
under this section shall:
(b)
Be operated or maintained within 1,000 feet of a church, parking
recreational site, licensed day-care facility, public library, public
or private educational facility which serve persons age 17 or younger,
elementary school, high school, place of worship, or elderly housing
facility;
(c)
Be operated or maintained so that there are no more than two
such businesses within 2,500 feet as measured by the radius from each
business;
(3)
Same use restrictions. No adult-oriented business shall be located
in the same building or upon the same property as another such use.
(4)
Sign limitations. Notwithstanding any other provision of this code,
an adult-oriented entertainment business shall not be permitted more
than one sign advertising its business, which shall be an on-premises
or building sign only. All such signs shall meet the following criteria:
(a)
Have no merchandise or pictures of the products or entertainment
on the premises displayed in window areas or any area where they can
be viewed from the sidewalk in front of the building;
(b)
No sign shall be placed in any window. A one square foot sign
may be placed on the door to state hours of operation and admittance
to adults only;
(c)
No sign shall contain any flashing lights, moving elements,
or mechanically changing messages;
(d)
No sign shall contain any depiction of the human form or any
part thereof nor shall it contain sexually explicit language such
as "nude dancing" or "girls, girls, girls," etc.;
(e)
No sexually oriented business may have any off-premises sign;
(f)
In order to allow currently operating adult-oriented entertainment
businesses to recover their financial investment in current signage,
any currently operating adult-oriented entertainment business shall
bring its signage into conformity with the provisions of this section
within one year from the date of passage of this chapter.
(5)
Operating standards. All such adult-oriented entertainment businesses
shall operate in accordance with the following:
(a)
No employee shall solicit business outside the building in which
the business is located;
(b)
No male or female person, while on the premises, shall impose
to public view his or her genitals, pubic area, anus, or anal cleft.
Full nudity is prohibited;
(c)
No person on the premises shall engage in sexual conduct, sadomasochistic
abuse or in any way fondle their genitals;
(d)
Nudity is prohibited for any employee of an adult-oriented business
where such person is in direct, personal contact with another person.
(6)
Building's exterior appearance. The building's exterior shall meet
the following criteria:
(a)
Colors to be earth or neutral tones with primary accent colors
to be within the same color family;
(b)
Stripes and geometric patterns are prohibited;
(c)
A color scheme which is directly inherent to a unique recognized
architectural style but not otherwise compliant with this section
may be reviewed and approved by the Village Board;
(d)
The exterior shall be adequately maintained in good condition.
F.
In the
event of any conflict between this section and any of the provisions
of the Code of the Village of Benton, this section shall control.
