Belleville Village City Zoning Code
ARTICLE IX
Regulations for Specific Uses
§ 615-67 Signal receiving antennas.
[Amended by Ord. No. 1998-05-01]
A.
Purpose. This section regulating the placement of signal receiving antennas is adopted to:
(1)
Provide uniform regulation of all signal receiving antennas, small signal receiving antennas, and commercial satellite earth stations;
(2)
Protect the public from injury from signal receiving antennas and small signal receiving 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 antenna;
(3)
Provide for placement of signal receiving antennas and small signal receiving antennas in locations that preserve ingress and egress to property areas by fire-fighting apparatus and emergency personnel.
(4)
Reduce potential contact and conflicts between antennas and utility lines, both above and below grade level; and
(5)
Minimize obstructions to visibility around streets, sidewalks and driveways.
B. COMMERCIAL SATELLITE EARTH STATION OWNER SIGNAL RECEIVING ANTENNA SMALL SIGNAL RECEIVING ANTENNA(1) (a) (b) (c) (2)
Definitions. As used in this section, the following terms shall have the meanings indicated:
An antenna, usually parabolic in shape, designed and intended for transmitting or receiving television, radio or microwave signals to or from earth satellites, that is two meters or less in diameter and is located in a commercial or industrial district, except those portions of a site where most land uses are prohibited or severely restricted, such as, for example, street areas, utility easements, and visibility triangles.
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.
Any apparatus, other than a small signal receiving antenna or a commercial satellite earth station, that is capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit, including parabolic antennas, home earth stations, satellite television disks, and AM, FM, ham and shortwave radio antennas, regardless of the method of mounting. A signal receiving antenna includes all mounting and stabilizing items, such as a tower, a pole, a bracket, guy wires, hardware, connection equipment and related items.
An antenna to receive:
Direct satellite service, including direct-to-home satellite service, that is one meter or less in diameter;
Video programming services via multipoint distribution services, including multichannel multipoint distribution services, instruction television fixed services, and local multipoint services, and that is one meter or less in diameter or measurement; and
Television broadcast signals.
A small signal receiving antenna includes all mounting and stabilizing items, such as a tower, a pole, a bracket, guy wires, hardware, connection equipment and related items.
C.
Permit requirements.
(1)
Signal receiving antennas.
(a)
No owner shall, within the Village of Belleville, build, construct, use or place a signal receiving antenna regulated by this section until a permit shall have first been obtained from the Building Inspector.
(b)
Application for a signal receiving antenna permit shall be made in writing to the Building Inspector. With such application, there shall be submitted a fee 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.
(c)
Prior to the issuance of a permit for the installation of a signal receiving antenna, all owners of property adjoining that of the applicant shall be notified of the application together with copies of any plans or other material filed with the application deemed appropriate. Each property owner shall have 10 days to object to the installation of said antenna. If any adjoining property owner objects to the installation of said antenna, no permit shall be issued, and the application, plans and any objection thereto shall be referred to the Zoning Board of Appeals.
(2)
Small signal receiving antennas.
(a)
No owner shall, within the Village of Belleville, install a roof-mounted small signal receiving antenna structure more than 12 feet in height above the roof until a permit shall have first been obtained from the Building Inspector. Permits shall not be required for any other small signal receiving antennas.
(b)
Application for a permit for a roof-mounted small signal receiving antenna structure more than 12 feet in height above the roof shall be made in writing to the Building Inspector. With such application, there shall be submitted a fee and a sufficient set of mounting plans and specifications, including a general plot plan showing the location of the proposed signal receiving antenna. The Building Inspector shall issue a permit if the proposed antenna structure complies with all applicable provisions of this section.
(3)
Commercial satellite earth stations. Permits shall not be required for the installation or use of any commercial satellite earth station.
D.
Installation standards applicable to signal receiving antennas and small signal receiving antennas. Signal receiving antennas and small signal receiving antennas installed in any zoning district within the Village shall comply with the following provisions:
(1)
Setbacks.
(a)
Any signal receiving antenna or small signal receiving antenna shall be located a minimum of 15 feet from any property line.
(b)
Subject to the provisions herein, signal receiving antennas and small signal receiving antennas shall only be located in the rear yard of any lot. If acceptable reception of signals is impaired with a rear yard placement due to the physical characteristics of the lot and area, the antenna shall be placed in the side yard of the lot. In the event that acceptable reception of signals is impaired by locating the 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.
(2)
Mounting. Signal receiving antennas or small 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 Building Inspector may require engineering calculations.
(3)
Wind pressure. All signal receiving antennas and small 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.
(4)
Electrical installations. Electrical installations in connection with signal receiving antennas or small signal receiving antennas, including grounding of the system, shall be in accordance with the National Electrical Safety Code, Wisconsin State Electrical Code (Ch. SPS 316, Wis. Adm. 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 antenna to the receivers shall be installed underground unless installation site conditions preclude underground installation. If an antenna is to be used by two or more residential property owners, all interconnecting electrical connections, cables and conduits must also be buried. All antennas shall be grounded against direct lightning strikes.
(5)
Temporary placement. No portable or trailer-mounted signal receiving antenna or small 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. Any person making such temporary placement shall first give written notice to the Building Inspector of the date when such placement shall begin and end.
(6)
Advertising. No form of advertising or identification, sign or mural is allowed on the signal receiving antenna or small signal receiving antenna other than the customary manufacturer's identification plates.
(7)
Compliance with federal regulations. The installation and use of every signal receiving antenna and small signal receiving antenna shall be in conformity with the Federal Cable Communications Policy Act of 1984, as amended, and regulations adopted thereunder.
E.
Additional installation standards applicable to signal receiving antennas. Signal receiving antennas installed in any zoning district within the Village shall comply with the following additional provisions:
(1)
Aesthetic considerations. Signal receiving antennas shall be located and designed to reasonably reduce visual impact from surrounding properties at street level.
(2)
Color. The color of any signal receiving antenna shall be such that it blends into its surroundings.
(3)
Diameter. The diameter of a signal receiving antenna shall not exceed 10 feet and six feet for a roof-mounted antenna, 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 10 feet in height, as measured from the ground to the highest point of the antenna.
(b)
A roof-mounted antenna may not exceed 20 feet in height above the surrounding roofline as measured from the lowest point of the existing roofline.
F.
Variances. Requests for variances from the standards established by this section shall be made to the Zoning Board of Appeals. In addition to its other powers, the Zoning Board of Appeals may grant a variance for a signal receiving antenna or a small signal receiving antenna if:
(1)
The Zoning Board of Appeals finds that the intended function of the antenna would be adversely affected, in some significant way, if the antenna had to be constructed and installed in accordance with the other provisions of this section; or
(2)
The variance is necessary to harmonize the Village's ordinances and federal laws, rules or regulations.
G.
Enforcement.
(1)
It shall be unlawful to construct, use, build or locate any signal receiving antenna or small 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.
(2)
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 § 1-4 of this Code.[1]
[1]
Editor's Note: Original Sec. 10-1-131, Radio or television antenna towers, which immediately followed this section, was repealed by Ord. No. 1998-05-01.
§ 615-68 Personal wireless services antennas and antenna towers.
[Added by Ord. No. 1998-05-02]
A. PERSONAL WIRELESS SERVICES PERSONAL WIRELESS SERVICES ANTENNA PERSONAL WIRELESS SERVICES ANTENNA TOWER
Definitions. As used in this section, the following terms shall have the meanings indicated:
Commercial mobile telecommunications services, unlicensed wireless telecommunications services, and common carrier wireless telecommunications exchange access services.
An antenna used in connection with the provision of personal wireless services.
Any structure, whether freestanding or attached to an existing building or structure, that is designed and constructed primarily for the purpose of supporting one or more personal wireless services antennas, including but not limited to self-supporting lattice towers, guy towers, or monopole towers.
B.
Permit required. No person shall, within the zoning jurisdiction of the Village of Belleville, build, construct, use or place any personal wireless services antenna or personal wireless services antenna tower until a conditional use permit shall have first been obtained in accordance with § 615-25 and this section.
C.
Standards.
(1)
Location. Personal wireless services antennas shall be located on lawfully preexisting antenna support structures or other lawfully preexisting buildings or structures wherever possible. No conditional use permits authorizing construction of a new personal wireless services antenna tower or addition to or expansion of an existing personal wireless services antenna tower shall be authorized unless the applicant is able to demonstrate that no lawfully preexisting building or structure is available, on commercially reasonable terms, and sufficient for the location of an antenna necessary for the provision of personal wireless services.
(2)
Design of new personal wireless services antenna towers for co-location. Unless otherwise authorized by the Village Plan Commission for good cause shown, every new personal wireless services antenna tower shall be designed, constructed and installed to be of a sufficient size and capacity to allow the location of additional personal wireless services antennas to accommodate at least two additional personal wireless service providers on such structure in the future. Any conditional use permit for such a support structure may be conditioned upon the agreement of the applicant to allow co-location of other personal wireless service providers on commercially reasonable terms specified in such conditional use permit.
(3)
Modification of personal wireless antenna towers. Unless otherwise provided herein, a conditional use permit is required for any modification of a personal wireless services antenna tower which significantly alters the appearance or structural integrity of the tower or which involves the installation of antennas or equipment differing in size and function from that previously installed on the tower. The Village Plan Commission shall consider the reasonableness, based on economic and technological feasibility, of conditioning the grant of the conditional use permit upon modifying the tower in a manner which would accommodate the co-location of one or more additional antenna arrays.
(4)
Facilities associated with personal wireless services antennas. All electronic and other related equipment and appurtenances necessary for the operation of any personal wireless services antenna shall, whenever possible, be located within a lawfully preexisting structure or completely below grade. When a new structure is required to house such equipment, such structure shall be harmonious with, and blend with, the natural features, buildings and structures surrounding such structure.
(5)
Abandonment and removal.
(a)
Permit holders shall notify the Village Plan Commission when one or more antennas, an antenna support structure, or related equipment is not operated for the provision of personal wireless services for a continuous period of 12 months or more. If two or more providers of personal wireless services use the antenna support structure or related equipment to provide personal wireless services, then the period of nonuse under this provision shall be measured from the cessation of operation at the location of such antenna support structure or related equipment by all such providers. Such antenna, antenna support structure, or related equipment may be deemed to be abandoned by the Village.
(b)
The owner of such an antenna, antenna support structure, or related equipment shall remove such items within 90 days following the mailing of written notice that removal is required. Such notice shall be sent by certified or registered mail, return receipt requested, by the Village to such owner at the last known address of such owner. If the owner fails or refuses to remove such items within the time prescribed, the Village may cause such items to be removed, and the cost of such removal shall be charged against the real estate on which such items are located, and if that cost is so charged it is a lien upon such real estate and may be assessed and collected as a special assessment.
(6)
Compliance with conditional use permit. Upon written inquiry by the Village Plan Commission, the recipient of a conditional use permit under this section shall have the burden of presenting credible evidence establishing to a reasonable certainty the continued compliance with all conditions placed upon the conditional use permit. Failure to establish compliance with all conditions placed upon the conditional use permit shall be grounds for revocation of the permit.
(7)
Information regarding future antennas or towers. The Village Plan Commission may require that an applicant for a conditional use permit under this section provide information regarding the applicant's then-current plans for future placement or construction of personal wireless services antenna towers in the Village of Belleville, in addition to the tower which is the subject of the application.
(8)
Payment of costs. The applicant shall pay all reasonable costs and expenses, including fees charged by consultants and attorney fees, incurred by the Village relating to any application for a conditional use permit to construct a new personal wireless services antenna tower or related facilities or to locate a personal wireless services antenna on an existing tower or other structure. Holders of conditional use permits shall also pay all reasonable costs and expenses relating to establishing and enforcing compliance with conditional use permits. If a dispute arises involving an applicant for a conditional use permit and a holder of a conditional use permit, the Village Plan Commission may allocate the costs and expenses incurred by the Village between the applicant and the permit holder. Failure to pay such costs and expenses or provide information requested by the Village Plan Commission shall be grounds for denial or revocation of a conditional use permit.
(9)
Protection against climbing. Every personal wireless services antenna and personal wireless services antenna tower shall be protected against unauthorized climbing or other access by the public by fencing or such other means as selected by the Village Plan Commission.
(10)
Color. Every personal wireless services antenna and personal wireless services antenna tower shall be of neutral colors that are harmonious with, and that blend with, the natural features, buildings and structures surrounding such antenna and antenna support structures; provided, however, that directional or panel antennas and omnidirectional or whip antennas located on the exterior of a building that will also serve as an antenna support structure shall be of colors that match, and cause the antenna to blend with, the exterior of the building.
(11)
Limited to applicant. The rights granted under a conditional use permit granting approval of a personal wireless services antenna or a personal wireless services antenna tower shall not be assigned or transferred without prior approval of the Village Plan Commission.
§ 615-69 Home occupations.
[Amended by Ord. No. 1997-03-01]
A.
Intent. The intent of this section is to provide a means to accommodate a small family business without the necessity of a rezoning into a commercial district. Approval of an expansion of a limited family business or home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary.
B.
Accessory use. Home occupations are determined to be an allowed accessory use in all residential districts. Permits are not required prior to engaging in such activities, but the following standards apply:
(1)
The home occupation shall be conducted only within the enclosed area of the dwelling unit or attached or detached garage.
(2)
There shall be no exterior alterations which change the character thereof as a dwelling, nor shall there be any evidence of any kind visible from the exterior of the dwelling or other structure that will indicate it is being utilized in part for any purpose other than that of a dwelling or other allowed accessory use, other than those signs permitted in the district.
(3)
No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structures located on the premises.
(4)
The home occupation must not create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference, electrical emissions, any other nuisance not normally associated with the average residential use in the district, or other fire or safety hazards that are noticeably out of character with those produced by normal residential occupancy.
(5)
The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises, and traffic generated by the home occupation may not exceed that which is customary to residential occupancies in the neighborhood.
(6)
The sale of goods from the location of the home occupation shall be limited to items produced on site and the sale of Tupperware, Shaklee, Amway, and Avon products or other similar activities that are customarily conducted from a residence as determined by the Zoning Administrator. The direct sale of goods produced off site other than those described above to the consumer from the dwelling is prohibited.
(7)
A permitted home occupation shall not occupy more than 25% of the floor area of the dwelling.
(8)
Persons employed by a home occupation shall be limited to resident family members and not more than one nonresident employee.
(9)
Under no circumstances shall a vehicle repair or body work business qualify as a home occupation.
(10)
The home occupation must be clearly secondary and incidental to the residential use of the property.
(11)
The home occupation must not unreasonably interfere with residential occupancy of other parcels in the neighborhood.
(13)
Garage sales as a type of home occupation are allowable in all residential districts, provided that not more than two are held on a single premises per year and that each such sale shall not exceed four days in duration.[1]
[1]
Editor's Note: Original Sec. 10-1-132(b)(14), which immediately followed this subsection and dealt with day care, was repealed 1-19-2009 by Ord. No. 2009-01-03.
(14)
No on-site production shall be conducted which is typically only permitted in the industrial zoning districts.
(15)
The property owner's written permission is required as part of the compliance checklist required below.
C.
Compliance checklist. Notwithstanding the above, all who undertake allowed home occupations in residential districts shall complete and file a compliance checklist, in a form as approved by the Plan Commission and made available by the Village Clerk/Treasurer, prior to commencing the home occupation. This form shall be filed with the Village Clerk/Treasurer, who shall retain the form while the home occupation is in use. The filed compliance checklist shall be reviewed by the Zoning Administrator to determine compliance of the home occupation with this chapter. Such form shall be signed by both the owner and occupier of the premises on which the home occupation takes place.
§ 615-70 Bed-and-breakfast establishments and tourist rooming houses.
[Added 4-16-2012 by Ord. No. 2012-03-01]
A. BED-AND-BREAKFAST ESTABLISHMENT TOURIST or TRANSIENT TOURIST ROOMING HOUSE
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any place of lodging that provides eight or fewer rooms for rent to no more than a total of 20 tourists or other transients for more than 10 nights in a twelve-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.
A person who travels to a location away from his or her permanent address for a short period of time for vacation, pleasure, recreation, culture, business or employment.
All lodging places and tourist cabins and cottages, other than hotels and motels, in which sleeping accommodations are offered for pay to tourists or transients. It does not include private boardinghouses or rooming houses not accommodating tourists or transients or bed-and-breakfast establishments.
B.
Bed-and-breakfast establishments.
(1)
Conditional use. Bed-and-breakfast establishments shall be considered conditional uses and may be permitted in residential zoning districts pursuant to this chapter.
(2)
Registry. Each bed-and-breakfast establishment shall provide a register containing the guests' true names, addresses, and dates of occupancy. The register shall be kept intact and available for inspection by a Village Building Inspector for a period of one year after the guest checked in.
(3)
Compliance. All bed-and-breakfast establishments shall be subject to and comply with Ch. DHS 197, Wis. Adm. Code, relating to bed-and-breakfast establishments.
(4)
Termination of conditional use permit (CUP). A bed-and-breakfast establishment CUP shall automatically become void on the sale or transfer of the property ownership or any fractional interest in the property. The Plan Commission shall review and conditionally approve or disapprove an application proffered by a person anticipating the purchase of premises for such use. A CUP shall be valid until terminated by action of the Plan Commission for violation of the provisions of this section and/or the provisions of the conditional use permit.
C.
Tourist rooming houses.
(1)
Conditional use. Tourist rooming houses shall be considered conditional uses and may be permitted in residential districts pursuant to this chapter.
(2)
Registry. All tourist rooming houses shall provide a register containing the guests' true names, addresses, and dates of occupancy. The register shall be kept intact and available for inspections by a Village Building Inspector for a period of one year from the date the guest checked in.
(3)
Compliance. All tourist rooming houses shall be subject to and comply with Ch. DHS 195, Wis. Adm. Code, relating to tourist rooming houses.
(4)
Termination of conditional use permit (CUP). A tourist rooming house CUP shall automatically become void on the sale or transfer of the property ownership or any fractional interest in the property. The Plan Commission shall review and conditionally approve or disapprove an application proffered by a person anticipating the purchase of premises for such use. A CUP issued shall be valid until terminated by action of the Plan Commission for violation of the provisions of this section and/or the provisions of the conditional use permit.
§ 615-71 Bicycle trail business.
[Amended by Ord. No. 2006-12-01]
B.
Uses. Bicycle trail business uses include the following:
(1)
Food store, up to 5,000 square feet in floor area.
(2)
Sporting goods stores, especially for recreation activities along the bicycle trail.
(3)
Bed-and-breakfast establishments.
(4)
Antique dealers.
(5)
Health clubs.
(6)
Restaurants.
(7)
Other retail or service business uses which meet the intent of this section.