Chapter 18.90
SATELLITE EARTH STATIONS/TELEVISION OR RADIO ANTENNA TOWER AND WIND ENERGY SYSTEMS

Sections:

18.90.010    Satellite earth stations.

18.90.020    Radio or television antenna towers.

18.90.030    Special use permits required – Wind energy systems.

18.90.040    Permit procedure – Wind energy systems.

18.90.050    Specific requirements regarding wind energy systems.

18.90.010 Satellite earth stations.

(a) No owner shall, within the village, build, construct, use or place any type of satellite earth station in excess of 24 inches until a permit shall have first been obtained from the building inspector or clerk.

(b) Definitions.

“Owner” means the holder of record or 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.

For purpose of this section, a “satellite television dish” or “earth station” is defined as an apparatus capable of receiving communications from a transmitter of a transmitter relay located in planetary orbit.

(c) Application for a satellite earth station permit shall be made in writing to the building inspector or clerk. With such application there shall be submitted a fee of $20.00 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.

(d) Installation Restrictions. Satellite earth stations installed in any zoning district within the village shall comply with the following provisions:

(1) 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.

(2) 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 village board.

(3) 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 village board. For corner lots, a side yard is only a yard that does not face a street.

(4) No dish shall be placed in the front yard of any lot in the village.

(5) The village board 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.

(e) 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.

(f) Height.

(1) A ground-mounted satellite dish may not exceed 10 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 roof line as measured from the lowest point of the existing roof line.

(g) 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 mph.

(h) Electrical installations in connection with earth satellite 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. 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 permit. All satellite earth stations shall be grounded against direct lightning strikes.

(i) No portable or trailer-mounted satellite earth station 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 chapter. Failure to comply shall result in a citation being issued for violation of this section. Any person making such temporary placement shall give written notice to the building inspector of the date when such placement shall begin and end.

(j) Satellite earth stations 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 satellite earth stations shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

(k) 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) The color of any satellite dish shall be such that it blends into its surroundings and shall be approved by the village board as part of the application.

(m) Requests for variances from the standards established by this section may be made to the board of appeals pursuant to AMC 18.150.070.

(n) Enforcement.

(1) It shall be unlawful to construct, use, build or locate any satellite television dish 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 proceeding to enjoin a violation of this section.

(2) Any person, firm or corporation who fails to comply with the provisions of this section shall upon conviction be subject to the general penalty found in AMC 1.05.060. [Res. 05-04. Prior code § 10-1-110].

18.90.020 Radio or television antenna towers.

(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 village board.

(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 less.

(c) Radio or television antenna towers shall be erected and installed in accordance with the Wisconsin State Electrical Code, National Electrical Safety Code and the instructions of the manufacturer; in cases of conflict the stricter requirements shall govern. [Res. 05-04. Prior code § 10-1-111].

18.90.030 Special use permits required – Wind energy systems.

(a) No owner or utility 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) 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) The village board shall base their determination on general consideration 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 carrying out the intent of the zoning code.

(d) The village board shall by resolution establish fees for the processing and issuance of conditional use permits under this chapter.

(e) “Wind energy systems” shall mean windmills which are used to produce electrical power. [Res. 05-04. Prior code § 10-1-112].

18.90.040 Permit procedure – Wind energy systems.

(a) The permit application for a wind energy system shall be made to the clerk or building inspector on forms provided by the village. The application 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) Applications for the erection of a wind energy conversion system shall be accompanied by a plat of 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 of 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.

(4) An accurate and complete written description of the use for which special grant is being requested including pertinent statistics and operational characteristics.

(5) 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.

(6) Any other information which the village board, building inspector or clerk may deem to be necessary to the proper review of the application.

(b) The clerk and/or building inspector shall review the application and, if the application is complete and contains all required information, shall refer it to the village board.

(c) Upon referral of the application the village board shall schedule a public hearing thereon as soon as practical and the village board shall notice said hearing as deemed appropriate.

(d) Following public hearing and necessary study and investigation, the village board shall as soon as practical render its decision in writing and a copy 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 any persons affected by granting the special use permit.

(e) 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.

(f) 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 board shall be required and notice thereof be given.

(g) The approval of a permit under this chapter shall not be construed to waive the requirement to obtain electrical building or plumbing permits prior to installation of any system. [Res. 05-04. Prior code § 10-1-113].

18.90.050 Specific requirements regarding wind energy systems.

(a) 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 chapter.

(b) 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.

(c) The maximum level of noise permitted to be generated by a wind energy conversion system shall be 50 decibels, as measured on a dBA scale, measured at the lot line.

(d) 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.

(e) 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 the property boundary than a distance equal to their height. Wind energy conversion systems are exempt from the height requirements of this title; however, any 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.

(f) 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.

(g) 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. [Res. 05-04. Prior code § 10-1-114].