No owner shall, within the City of Manawa, build, construct, use or place any type of satellite earth station until a permit shall have first been obtained from the Clerk-Treasurer.
As used in this article, the following terms shall have the meanings indicated:
OWNER
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.
SATELLITE TELEVISION DISH OR EARTH STATION
An apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit. It is also commonly referred to as a "disk," "satellite communications system" or "home earth station."
[Amended 1-3-2000]
Application for a satellite earth station permit shall be made in writing to the Clerk-Treasurer. With such application, there shall be submitted a fee of $30 and a complete set of plans and specifications, including a plot plan showing the location of the proposed satellite earth station with respect to adjoining alleys, lot lines and buildings. If such application meets all requirements of this section, the application shall be approved.
Satellite earth stations installed in any zoning district within the city shall comply with the following provisions:
A. 
Number of units. Not more than one satellite earth station may be allowed per individual recorded lot, except additional stations may be permitted upon application for a variance in nonresidential zones.
B. 
Location and setbacks.
(1) 
Any satellite dish mounting post shall only be located in the rear yard of a residential lot and at least 15 feet from any property line. Placement of a satellite dish in a business or industrial district shall not be allowed unless a special exception is granted by the Zoning Board of Appeals.
(2) 
If the dish cannot receive a usable satellite signal in the rear yard of any residential lot but can receive such a signal while located in a side yard, it may be located only in a side yard after receiving approval from the Zoning Board of Appeals. For corner lots, a side yard is only a yard that does not face a street.
(3) 
No dish shall be placed in the front yard of any residential, business or industrial lot in the city.
(4) 
The Common Council, if necessary, shall determine whether a signal constitutes a usable satellite signal, based on evidence provided by the person seeking a permit to erect or construct the dish.
C. 
Mounting. Satellite earth stations located in agricultural or residential districts shall be ground-mounted only. Satellite earth stations may be wall- or roof-mounted in business or industrial districts only. Satellite earth stations attached to the wall or roof of any principal or accessory structure shall be subject to the structure being constructed to carry all imposed loading. The city may require engineering calculations.
D. 
Diameter. The diameter of the satellite television dish shall not exceed 10 feet for the ground-mounted dish and six feet for the roof-mounted dish, except for stations used to provide community antenna television services.
E. 
Height.
(1) 
A ground-mounted satellite dish may not exceed 12 feet in height, as measured from the ground to the highest point of the dish.
(2) 
A roof-mounted satellite dish may not exceed eight feet in height above the surrounding roofline as measured from the lowest point of the existing roofline.
F. 
Wind pressure. All satellite earth stations shall be permanently mounted in accordance with the manufacturer's specifications for installation. All such installations shall meet a minimum wind load design velocity of 80 miles per hour.
G. 
Electrical installations. Electrical installations in connection with satellite earth receiving stations, 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 satellite earth station to the receivers shall be installed underground, unless installation site conditions preclude underground. If a satellite earth station is to be used by two or more residential property owners, all interconnecting electrical connections, cables and conduits must also be buried. The location of all such underground lines, cables and conduits shall be shown on the application for a permit. All satellite earth stations shall be grounded against direct lightning strikes.
H. 
Temporary placement. No portable or trailer-mounted satellite earth station shall be allowed, except for temporary installation for on-site testing and demonstration purposes for permits not exceeding five days. However, such trial placement shall be in accordance with all provisions of this article. Failure to comply shall result in a citation being issued for violation of this article. Any person making such temporary placement shall first give written notice to the Clerk-Treasurer of the date when such placement shall begin and end.
I. 
Advertising. No form of advertising or identification, sign or mural is allowed on the dish or framework other than the customary manufacturer's identification plates.
J. 
Interference with broadcasting. Satellite earth stations shall be filtered and/or shielded so as to prevent the emission or reflection of an electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the satellite earth station shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.
K. 
Compliance with federal regulations. The installation and use of every satellite earth station shall be in conformity with the Federal Cable Communications Policy Act of 1984 and regulations adopted thereunder.
L. 
Color. The color of any satellite dish shall be such that it blends into its surroundings and shall be approved by the Clerk-Treasurer as part of the application.
Requests for variances from the standards established by this article may be made to the Zoning Board of Appeals pursuant to § 303-118 of this chapter.
A. 
It shall be unlawful to construct, use, build or locate any satellite television dish in violation of any provisions of this article. 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 article.
B. 
Any person, firm or corporation who or which fails to comply with the provisions of this article shall, upon conviction, be subject to a maximum penalty of $500.
[Amended 1-3-2000]