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.