Provide uniform regulation where necessary of all signal-receiving antenna devices;

Secure placement of such antennas in an aesthetically sensitive manner while allowing users reasonable reception of signals;

Preserve the integrity of historic preservation districts;

Protect the public from injury from roof-mounted 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 roof-mounted antenna; and

Provide for placement of such antennas in locations that preserve access to rear property areas by fire-fighting apparatus and emergency personnel.

No owner shall, within the Village of Athens, build, construct, use or place any type of signal-receiving antenna or over-the-air reception device that is roof-mounted until a permit shall have first been obtained from the Zoning Administrator.

Application for a signal-receiving antenna permit when required under Subsection C(1) shall be made in writing to the Zoning Administrator. With such application, there shall be submitted a sufficient set of mounting plans and specifications to allow a determination to be made that the device can be safely roof-mounted. There is no fee for such permit. If such application meets the requirements of this section, the application shall be approved.

Setbacks.

Mounting. Signal-receiving antennas attached to the 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.

Diameter. The diameter of the signal-receiving antenna shall not exceed 12 feet for a ground-mounted antenna and 10 feet for a roof-mounted antenna, except for stations used to provide community antenna television services.

Height. A ground-mounted signal-receiving antenna, including any platform or structure upon which said antenna is mounted or affixed, may not exceed 14 feet in height, as measured from the ground to the highest point of the dish.

Roof-mounted antennas.

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.

Electrical installations. To safeguard public safety, 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 installation. 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.

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.

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.

Interference with broadcasting. Signal-receiving antennas shall be filtered and/or shielded so as to prevent the emission or reflection of any 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.

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, including Federal Communications Commission rules.

Aesthetic considerations. Signal-receiving antennas shall be located and designed to reasonably reduce visual impact from surrounding properties at street level.

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, a Village enforcement official, 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.

Any person, firm or corporation who or which fails to comply with the provisions of this section shall, upon conviction, be subject to the general penalty found in Chapter 1, Article I, of this Code.

Approval required. No owner shall, within the Village of Athens, build, construct, use or place any type or kind of wind energy system without holding the appropriate conditional use permit for said system.

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 system, structures, use and property described in the permit.

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 the Zoning Code.

Definition. "Wind energy systems" shall mean windmills which are used to produce electrical or mechanical power.

Application. The permit application for a wind energy system shall be made to the Zoning Administrator on forms provided by the Village of Athens. The application shall include the following information:

Hearing. 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. Upon referral of the application, the Village Board shall schedule a public hearing thereof following the procedures for conditional use permits in Article IV.

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 conditional 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 conditional use permit.[3]

Termination. When a conditional 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 causes 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.[4]

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 Village 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.

Approval does not waive permit requirements. The approval of a permit under this section shall not be construed to waive the requirement to obtain electrical, building or plumbing permits prior to installation of any system.

Additional standards. Wind energy systems, commonly referred to as "windmills," which are used to produce electrical power, shall also satisfy the requirements of this subsection in addition to those found elsewhere in this section.[6]

Construction. Wind energy 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.

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

Electromagnetic interference. Wind energy 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 system shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

Location and height. Wind energy 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 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 system conditional use permit application.

Fence required. All wind energy 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.

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.

No entity may construct, operate or continue to operate a wireless telecommunications system within the Village without having been issued a wireless telecommunications permit by the Zoning Administrator.

It shall be a term and condition of any wireless telecommunications permit issued in accordance herewith and part of the consideration supporting the issuance of such wireless telecommunications permit that the permittee shall pay to the Village the sum of 5% of all total gross revenue derived from the operation of the wireless telecommunications system. Such payments shall be made annually within 120 days after the close of the calendar year. All fee payments shall be subject to audit by the Village and assessment or refund if the payment is found to be in error. In the event that an audit by the Village results in an assessment of an additional payment to the Village, such additional payment shall be subject to interest at the rate of 1 1/2% per month retroactive to the date such payment originally should have been made. Such payment shall be due and payable immediately and shall include the costs of conducting said audit.

Structure location permit fees.

The request fee shall be paid to the Zoning Administrator at the time of making application for a structure location permit. The annual structure location permit fee provided for in Subsection B(3) above shall be paid to the Zoning Administrator annually on or before October 1 of each calendar year for the portion of the wireless telecommunications system within the Village right-of-way on January 1 of that year, and a prorated permit fee, based upon the calendar quarter in which the application is filed, shall be paid at the time of the application for a structure location permit. Such quarterly fees are due on January 1, April 1, July 1 and September 1.

Fees not paid within 10 days after the due date shall incur interest at the rate of 1 1/2% per month from the date due until paid.

The acceptance of any fee payment required hereunder by the Village shall not be construed as an acknowledgment that the payment paid is the correct amount due, nor shall such acceptance of payment be construed as release of any claim which the Village may have for additional sums due and payable.

Any wireless telecommunications permit or structure location permit issued by the Village shall be a nonexclusive permit for the use of those areas within the Village specified in the wireless telecommunications permit or structure location permit.

Any wireless telecommunications permit or structure location permit issued by the Village shall continue in full force and effect so long as the permittee is in compliance with this section and all applicable federal, state and local ordinances and regulations and the space occupied is not deemed to be needed by the Village for any other public purpose.

In the event any wireless telecommunications permit or structure location permit is revoked by the Village, the wireless telecommunications system shall, at the sole option of the Village, be removed within 30 days at the sole expense of the permittee.

A proposal for a new antenna or tower shall not be approved unless the Village finds that the telecommunication equipment planned for a proposed antenna cannot be accommodated on an existing or approved tower within a one-mile radius of the proposed location due to one or more of the following reasons:

Any proposed tower shall be designed in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height and for at least one additional user if the tower is 60 feet to 100 feet in height. Towers must be designed to allow for future rearrangements of antennas upon the tower and to accept antennas mounted at varying heights. All towers shall be erected and constructed in such a manner as to comply with all applicable Village ordinances. All towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. Towers shall not be illuminated by artificial means and shall not display strobe lights except if such lighting is specifically required by the Federal Aviation Administration or other state or federal authority. Any permittee seeking to operate a wireless telecommunications system shall provide the Village with a letter of intent signed by the tower owner committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet objectively reasonable terms and conditions for shared use.

Before commencing construction of a wireless telecommunications system in, above, over, under, across, through or in any way connected with the streets, public ways or public places of the Village, the permittee shall first obtain the written approval of, and all other necessary permits from, all appropriate Village agencies, including but not limited to the Zoning Administrator and the Department of Public Works. Applications for such approval shall be made in the form prescribed by the Village Engineer.

Upon obtaining such written approval, the permittee shall give the Village Engineer and any other appropriate agency written notice within a reasonable time for proposed construction, but in no event shall such notice be given less than 10 days before commencement of such construction, except for emergency repairs of existing lines and cables.

Any entity that submits a request for a wireless telecommunications permit in accordance herewith shall include therein proposed agreements for the use of existing towers and antennas, if applicable, with the owner(s) of such facilities to be used or affected by the construction of the proposed wireless telecommunications system.

It shall be unlawful for the permittee or any other person or entity to open or otherwise disturb the surface of any street, sidewalk, driveway, public way or other public place for any purpose whatsoever without first obtaining approval to do so after proceeding in the manner described in Subsection E(1) and (2). Violation of this subsection shall subject the permittee to all penalties and remedies prescribed herein and to all other remedies, legal or equitable, which are available to the Village.

The permittee shall restore any street or sidewalk it has disturbed in accordance with the provisions of the Village's standard specifications for streets and sidewalks and shall, at its own cost and expense, restore and replace any other property disturbed, damaged or in any way injured by or on account of its activities to as good as the condition such property was in immediately prior to the disturbance, damage or injury, or pay the fair market value of such property to its owner(s), or shall make such other repairs or restoration as outlined in the approved permit.

The permittee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from such street or other public place any of its property when required to do so by the Village because of street or other public excavation, construction, repair, regrading or grading, traffic conditions, installation of sewers, drains, water pipes, Village-owned power or signal lines, or tracts, vacation or relocation of streets or any other type of construction or improvement of a public agency, or any type of improvement necessary for the public health, safety or welfare, or upon termination or expiration of the permit.

The permittee shall maintain all wires, conduits, cables or other real and personal property and facilities in good condition, order and repair. The permittee shall provide indemnity insurance and performance bonds or demonstrate financial responsibility as shall comply with all rules and regulations issued by the Village Engineer governing the construction and installation of wireless telecommunications systems.

The permittee shall keep accurate, complete and current maps and records of its system and facilities which occupy the streets, public ways and public places within the Village and shall furnish, as soon as they are available, two complete copies of such maps and records, including as-built drawings, to the Village Engineer.

The permittee shall comply with all rules and regulations issued by the Village Engineer governing the construction and installation of wireless telecommunications systems.

The rights and privileges hereby granted are considered personal, and if the permittee sells, assigns, transfers, leases or pledges such rights or privileges, or both, in whole or in part, either directly or by operation of the law, then the Village shall have the right to terminate any and all permits issued hereunder for no other cause. The Village shall terminate such permits in writing, by certified mail, return receipt requested, to the permittee, and such termination shall be effective 60 days from said date of mailing. The rights and privileges hereby granted shall not be mortgaged or encumbered without the prior consent and approval of the Village given by written resolution.

In addition to the provisions of termination provided for in Subsection G(1), the Village shall have the right to terminate any and all permits issued hereunder upon any actual or pending change in, or transfer of, or acquisition by any other party of, control of a permittee. The word "control" as used in this context is not limited to major stockholders but includes actual working control in whatever manner exercised. The permittee shall annually submit to the Village a list of all shareholders and a list of all officers and directors. By acceptance of the wireless telecommunications permit, the permittee specifically agrees that any violation of this section shall, at the Village's option, cause any and all permits granted the permittee under this section to be revoked.

Entities requesting a wireless telecommunications permit may be required by the Village to submit evidence of financial capability to construct and operate a wireless telecommunications system. Such evidence may include, but is not limited to, previous years' audited financial statements for the entity, individual financial statements of principals or investors or such other financial information as the Village may desire.

The permittee shall provide the Village with a written statement from an independent certified public accountant within 120 days after the close of the calendar year that such certified public accountant has reviewed the books and records of the permittee as they related to any permits issued under this section and, based upon such review, the certified public accountant believes the payment received by the Village properly reflects the fee due to the Village with respect to this section. The Village shall have the right to reasonable inspection of the permittee's books and records during normal business hours.