A.

Purpose. This article regulating the placement of signal receiving antennas is adopted to:

1.

Provide uniform regulation of all signal receiving antenna devices;

2.

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

3.

Protect the public from injury from 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; and

4.

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

B.

Permit Required. No owner shall, within the village, build, construct, use or place any type of signal receiving antenna until a permit shall have first been obtained from the zoning administrator.

C.

Definitions.

1.

For purposes of this article:

"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 such owner to the extent of his or her interest. The personal representative of at least one owner shall be considered an owner.

"Signal receiving antenna" means any apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit. This definition includes all types of signal receiving antennas, 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.

D.

Application.

1.

Application for a signal receiving antenna permit shall be made in writing to the zoning administrator or administrator/clerk/treasurer. With such application, there shall be submitted a fee as determined by the village board 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.

2.

Prior to the issuance of a permit for the installation of a satellite television 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 ten (10) days to object to the installation of the antenna.

a.

If any adjoining property owner objects to the installation of the antenna, no permit shall be issued, and the application, plans and any objection thereto shall be referred to the board of appeals under Chapter 17.108 of this title.

E.

Installation Standards. 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 fifteen (15) feet from any property line.

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, 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.

c.

If side yard, front yard or roof mounting is requested, the zoning administrator 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 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 zoning administrator may require engineering calculations.

3.

Diameter. The diameter of signal receiving antenna shall not exceed ten (10) feet and six feet for a roof-mounted antenna in commercial and public zoning districts, except for systems used to provide community antenna television services. Antenna height shall not exceed two meters in diameter in any residentially zoned area.

4.

Height.

a.

A ground-mounted signal receiving antenna, including any platform or structure upon which the antenna is mounted or affixed, may not exceed ten (10) feet in height, as measured from the ground to the highest point of the antenna.

b.

A roof-mounted antenna may not exceed eight feet in height above the surrounding roof line as measured from the lowest point of the existing roof line.

5.

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 eighty (80) mph.

6.

Electrical Installations. 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. 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.

7.

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 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 zoning administrator of the date when such placement shall begin and end.

8.

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.

9.

Interference with Broadcasting. Signal receiving antennas 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 signal receiving antenna shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

10.

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.

11.

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

12.

Color. The color of any satellite dish shall be such that it blends into its surroundings and shall be approved by the zoning administrator as part of the application.

F.

Variances. Requests for variances from the standards established by this article may be made to the village board.

G.

Enforcement.

1.

It is unlawful to construct, use, build or locate any signal receiving antenna in violation of any provisions of this article. In the event of any violation, the zoning administrator, 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 article.

2.

Any person, firm or corporation who fails to comply with the provisions of this article shall, upon conviction, be subject to the general penalty found in Section 1.16.010 of this code.

(Ord. 2004-03 § 4 (part); Ord. 2003-03 § 4 (part); Ord. 2-3-3 (part), 2002; prior code § 13-1-130)

The village declares that the purposes of this article are to:

A.

Establish standards for the siting of telecommunications towers and antennas;

B.

Encourage the use of existing structures as an alternative to new tower construction;

C.

Encourage the joint use of towers;

D.

Encourage the design and construction of towers and antennae which minimize adverse visual impacts;

E.

Ensure compliance of all telecommunications facilities with current federal, state and local regulations;

F.

Facilitate the provision of wireless telecommunications services; and

G.

Prevent harm to the health, welfare and visual environment of the village and its citizens.

(Ord. 2004-03 § 4 (part): prior code § 13-1-131 (part))

In addition to any other materials required for a standard permit under this article or any other ordinance of the village or state, all applicants for permits to construct a telecommunications tower or antenna shall submit visual impact demonstrations using photo simulations of the proposed facility as it would be seen from residential areas, public rights of way, and public parks and other sites as deemed appropriate by the plan commission.

(Ord. 2004-03 § 4 (part): prior code § 13-1-131 (part))

Towers and antennae may be approved on or near historic structures and districts and designated scenic corridors by special exception and only if so concealed as to be substantially invisible. The views of, and vistas from, such structures, districts, and corridors shall not be impaired or diminished by the placement of telecommunications towers and antennae.

(Ord. 2004-03 § 4 (part): prior code § 13-1-131 (part))

A.

No new telecommunications facility shall exceed one hundred (100) feet in height. However, in the event of dense vegetation or other substantial obstacles to signal propagation, facilities can extend to a height of no more than twenty (20) percent above the average tree canopy height within one thousand (1,000) feet of the proposed facility.

B.

Telecommunications facilities that simulate objects that typically occur in landscapes similar to the proposed location (except billboards, electrical transmission, or telecommunications towers) may exceed one hundred (100) feet in height if, based on the judgment of the plan commission, it would appear in context on the landscape, is aesthetically acceptable, and would be a preferable alternative to an undisguised facility.

C.

Telecommunications facilities located atop or within existing buildings or structures may result in an overall increase in height of the structure of no more than ten (10) percent of the structure's height without the facility or the maximum height allowed in the zoning district in which the structure is located, whichever is less.

(Ord. 2004-03 § 4 (part): prior code § 13-1-131 (part))

A.

In all applications for construction of a new facility, the applicant must prove by substantial evidence that a bona fide need exists for the facility and that no reasonable combination of locations, techniques, or technologies will obviate the need. The applicant must further prove that it has made all reasonable efforts to procure antenna space on existing facilities and that the cost of co-location exceeds the cost of a new facility by at least fifty (50) percent.

B.

Prior to the issuance of a permit for a new tower, the applicant shall demonstrate commitment to joint use as follows:

1.

The applicant requesting the permit shall submit evidence to the village demonstrating that a genuine effort has been made to solicit additional users for the proposed new tower. Evidence of this shall include, at a minimum, copies of notices sent by registered mail, return receipt requested, to all other providers of cellular and wireless communications services within Dane County and counties adjacent to the village, advising of the intent to construct a new tower, identifying the location, inviting the joint use and sharing of costs, and requesting a written response within fifteen (15) business days.

2.

The applicant shall sign an instrument, maintained by the village, agreeing to encourage and promote the joint use of telecommunications towers within the village and, to that extent, committing that there shall be no unreasonable act or omission that would have the effect of excluding, obstructing or delaying joint use of any tower where fair and just market reasonable compensation is offered for such use.

(Ord. 2004-03 § 4 (part): prior code § 13-1-131 (part))

No new tower shall be constructed without a setback from the tower's base of at least 1.5 times the tower height to a public or private road and at least 2.5 times the tower height to the nearest property line.

(Ord. 2004-03 § 4 (part): prior code § 13-1-131 (part))

No equipment shed for a telecommunications facility shall exceed seven hundred fifty (750) square feet in area nor twelve (12) feet in height. All such sheds shall be screened with vegetation or other aesthetically pleasing materials. Furthermore, all such sheds shall be secured with approved fencing and a locked gate.

(Ord. 2004-03 § 4 (part): prior code § 13-1-131 (part))

No commercial messages nor any other signs beyond safety warnings and an identification sign of not greater than six square feet shall be placed on any tower or facility.

(Ord. 2004-03 § 4 (part): prior code § 13-1-131 (part))

A.

Prior to commencing regular operation of the facility, all facility owners and operators must submit a certificate of compliance with all current Federal Communications Commission regulations concerning electromagnetic radiation and other electronic emissions applicable to the facility.

B.

All facility operators and owners must sign an agreement, to be maintained by the village, agreeing to bring facilities into compliance with any new federal, state, or local laws or regulations concerning electromagnetic radiation and other electronic emissions applicable to the facility within one hundred twenty (120) days of the effective date of the regulations.

(Ord. 2004-03 § 4 (part): prior code § 13-1-131 (part))

The owner of a facility shall establish a ten thousand dollar ($10,000.00) cash security fund or provide the village with an irrevocable letter of credit in the same amount to secure the cost of removing an antenna, antenna array, or tower that has been abandoned. In the event of a transfer of ownership, the seller shall be responsible for notifying the buyer of this requirement and for notifying the village of the transfer.

(Ord. 2004-03 § 4 (part): prior code § 13-1-131 (part))