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 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 Theresa, build, construct, use or place any type of signal receiving
antenna until a permit shall have first been obtained from the Zoning
Administrator. A permit is not required for antennas with a diameter
of five feet or less.
C.
OWNER
SIGNAL RECEIVING ANTENNA
Definitions. As used in this section, the following
terms shall have the meaning indicated:
The holder of record of an estate in possession in fee simple,
or for life, in land or real property, or a vendee of record under
a land contract for the sale of an estate in possession in fee simple,
or for life, but does not include the vendor under a land contract.
A tenant in common or joint tenant shall be considered such owner
to the extent of his interest. The personal representative of at least
one owner shall be considered an owner.
Any outdoor apparatus capable of receiving communications
from a transmitter or a transmitter relay located in a planetary orbit.
This definition includes all types of signal receiving antennas, including,
without limitation, parabolic antennas, home earth stations, satellite
television disks, UHF and VHF television antennas, and AM, FM, ham
and shortwave radio antennas, regardless of the method of mounting.
D.
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 prescribed by Chapter 167, Fees, 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.
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
post shall be located a minimum of three feet from any property line.
The purpose of setback regulations is to protect the aesthetics of
the area and to preserve adequate access for emergency equipment and
personnel.
(b)
Subject to the provisions herein, signal receiving
antennas shall only be located in the rear yard of any lot. If reasonable
reception of signals is not possible with a rear yard placement due
to the physical characteristics of the lot and area, the signal receiving
antenna shall be placed in the side yard of the lot. In the event
that reasonable reception of signals is not possible by locating the
signal receiving antenna on the rear or side yard of the property,
such antenna may be placed in the front yard or on the roof of structures
on the property. 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 12 feet, 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 40 feet in height, as measured from the ground to the
highest point of the dish.
(b)
A roof-mounted antenna may not exceed eight
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. There shall be no permit fee for temporary placement.
(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 antenna
shall be filtered and/or shielded so as to prevent the emission or
reflection of electromagnetic radiation that would cause any harmful
interference with the radio and/or television broadcasting or reception
on adjacent properties. In the event that harmful interference is
caused subsequent to its installation, the owner of the signal receiving
antenna shall promptly take steps to eliminate the harmful interference
in accordance with Federal Communications Commission regulations.
(10)
Compliance with federal regulations. The installation
and use of every signal receiving antenna shall be in conformity with
the Federal Cable Communications Policy Act of 1984 and regulations
adopted thereunder.
(11)
Aesthetic considerations. Signal receiving antennas
shall be located and designed to reasonably reduce visual impact from
surrounding properties at street level.
F.
Enforcement.
(1)
It shall be unlawful to construct, use, build or locate
any signal receiving antenna in violation of any provisions of this
section. In the event of any violation, the 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.
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
determinations on general considerations 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 carry out the intent of this chapter.
D.
WIND ENERGY SYSTEM
Definitions. As used in this section, the following
terms shall have the meaning indicated:
Windmills which are used to produce electrical or mechanical
power.
A.
Application. The permit application for a wind energy system shall be made to the Zoning Administrator on forms provided by the Village. The application shall be accompanied by the fee prescribed by Chapter 167, Fees, and shall include the following information:
(1)
The name and address of the applicant.
(2)
The address of the property on which the system will
be located.
(3)
An accurate and complete written description of the
use for which special grant is being requested, including pertinent
statistics and operational characteristics.
(4)
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.
(5)
Any other information which the Zoning Administrator,
Village Board or Building Inspector may deem to be necessary to the
proper review of the application.
B.
Applications for the erection of a wind energy conversion
system shall be accompanied by a plat or 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 or 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.
C.
The Zoning Administrator shall review the application
and, if the application is complete and contains all required information,
shall refer it to the Village Board.
D.
Hearing. Upon referral of the application, the Village Board shall schedule a public hearing thereon following the procedures for conditional use permits in Article V.
E.
Determination. Following public hearing and necessary
study and investigation, the Village Board shall, as soon as practical,
render its decision 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 the persons affected by granting the special use permit.
F.
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
cause 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.
G.
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
Village Board shall be required and notice thereof shall be given.
H.
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.
Application. Applications for the erection of a wind
energy conversion system shall be accompanied by a plat or 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 or 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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
