In order to secure uniformity and compliance with Federal Communications Commission rules (FCC 96-328) on over-the-air reception devices implementing section 207 of the Telecommunications Act of 1996, this section regulating the placement of signal receiving antennas and over-the-air reception devices is adopted to:

(1)

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

(2)

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

(3)

Preserve the integrity of historic preservation districts;

(4)

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

(5)

Provide for placement of the antennas in locations that preserve access to rear property areas by firefighting apparatus and emergency personnel.

(Code 2003, § 13-1-130(a))

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Owner means 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 the owner to the extent of his interest. The personal representative of at least one owner shall be considered an owner.

Signal receiving antenna means any outdoor apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit. The term "signal receiving antenna" includes all types of signal receiving antennas and over-the-air reception devices, including, without limitation, parabolic antennas, home earth stations, satellite television disks, UHF and VHF television antennas, and AM, FM, ham and short-wave radio antennas, regardless of the method of mounting.

(Code 2003, § 13-1-130(b))

(a)

No owner shall, within the village, build, construct, use or place any type of signal receiving antenna or over-the-air reception device that is roof-mounted or proposed to be located in a designated historic preservation district until a permit shall have first been obtained from the zoning administrator.

(b)

Application for a signal receiving antenna permit when required under subsection (a) of this section shall be made in writing to the zoning administrator. With the 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, or, in the case of a historic preservation district, can be located in such a manner as to not seriously detract from the historic character of the district. There is no fee for the permit. If the application meets the requirements of this section, the application shall be approved.

(Code 2003, § 13-1-130(c))

Signal receiving devices less than 24 inches in diameter are exempt from the requirements of this section, except for the requirements in section 54-512(e)(1), (7), (9) and (12).

(Code 2003, § 13-1-130(d))

Signal receiving antennas installed in any zoning district within the village shall comply with the following provisions:

(1)

Setbacks.

a.

Any signal receiving antenna and its mounting post shall be located a minimum of five feet from any side or rear property line. The purpose of setback regulations is to protect the aesthetics of the area and to preserve adequate access for emergency equipment and personnel.

b.

Subject to the provisions herein, signal receiving antennas shall only be located in the rear yard of any lot. If reasonable reception of signals is not possible with a rear yard placement due to the physical characteristics of the lot and area, the signal receiving antenna shall be placed in the side yard of the lot. In the event that reasonable reception of signals is not possible by locating the signal receiving antenna on the rear or side yard of the property, the antenna may be placed in the front yard or on the roof of structures on the property following compliance with section 54-510. For corner lots, a side yard is only a yard that does not face a street.

c.

If side yard, front yard or roof mounting is requested, the zoning board of appeals shall determine where reasonable reception is possible, based on evidence provided by the person seeking to erect or construct the antenna.

(2)

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.

(3)

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

(4)

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

(5)

Roof-mounted antennas.

a.

In all residential zoning districts, roof-mounted antennas shall only be permitted subject to the provisions contained herein:

1.

Earth station dish antennas exceeding 36 inches in diameter shall not be permitted on the roof, unless allowed under section 54-510(b).

2.

A roof-mounted dish antenna shall not extent higher than 15 feet above the highest point of the roof, unless allowed under section 54-510(b).

b.

In the commercial and industrial zoning districts, earth station dish antennas shall not extend more than 20 feet above the height limit established for the district in which the structure is located.

(6)

Wind pressure. All signal receiving antennas shall be permanently mounted in accordance with the manufacturer's specifications for installation. All the installations shall meet a minimum wind load design velocity of 80 mph.

(7)

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, 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. 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 the under-ground lines, cables and conduits shall be shown on the application for a permit. All signal receiving antennas shall be grounded against direct lightning strikes.

(8)

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, the trial placement shall be in accordance with all provisions of this section.

(9)

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.

(10)

Interference with broadcasting. Signal receiving antennas shall be filtered or shielded so as to prevent the emission or reflection of an electromagnetic radiation that would cause any harmful interference with the radio 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.

(11)

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.

(12)

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

(Code 2003, § 13-1-130(e))

(a)

It is 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 the violation may institute appropriate action or proceedings to enjoin a violation of this section.

(Code 2003, § 13-1-130(f))