(a)

Permit required. No owner shall, within the City, build, construct, use or place any type of satellite earth station until a permit shall have first been obtained from the Building Inspector.

(b)

Definitions. The following words, terms and phrases, when used in this section shall have the meanings ascribed to them in this subsection, 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 such owner to the extent of his interest. The personal representative of at least one owner shall be considered an owner.

Satellite television dish or earth station means as an apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit. They are also commonly referred to as disks, satellite communications systems or home earth stations. The term "dish satellite" or "earth station antenna" means a combination of:

(1)

Antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources.

(2)

A low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals.

(3)

A coaxial cable whose purpose is to carry the signals into the interior of the building.

(4)

Where the dish exceeds three feet in diameter.

(c)

Application. Application for a satellite earth station permit shall be made in writing to the Building Inspector. With such application, there shall be submitted a fee of $10.00 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 City 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)

Location and setbacks.

a.

Any satellite dish mounting post shall only be located in the rear yard of a residential lot. For the purposes of this section a dish, satellite or earth station antenna shall be considered an accessory structure and shall be in conformance with the setback requirements of Section 118-254, with the exception that no dish, satellite or earth station antenna shall be located forward of the rear building line of the principal building.

b.

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 Board of Appeals. For corner lots, a side yard is only a yard that does not face a street.

c.

No dish shall be placed in the front yard of any residential, business or industrial lot in the City.

d.

The Building Inspector 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.

(3)

Mounting. Satellite earth stations located in agricultural or residential districts shall be ground-mounted only. Satellite earth stations may be wall or roof-mounted in business or industrial districts only. Satellite earth stations attached to the wall or roof of any principal or accessory structure shall be subject to the structure being constructed to carry all imposed loading. The Building Inspector may require engineering calculations.

(4)

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

(5)

Height.

a.

A ground-mounted satellite dish may not exceed 12 feet in height, as measured from the ground to the highest point of the dish.

b.

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

(6)

Wind pressure. 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.

(7)

Electrical installations. Electrical installations in connection with earth satellite receiving stations, 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 satellite earth station to the receivers shall be installed underground unless installation site conditions preclude 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 a permit. All satellite earth stations shall be grounded against direct lightning strikes.

(8)

Temporary placement. 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 section. Failure to comply shall result in a citation being issued for violation 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.

(9)

Advertising. No form of advertising or identification or sign is allowed on the dish or framework other than the customary manufacturer's identification plates.

(10)

Interference with broadcasting. Satellite earth stations 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 satellite earth station 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 satellite earth station shall be in conformity with the Federal Cable Communications Policy Act of 1984 and regulations adopted thereunder.

(12)

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

(e)

Variances. Requests for variances from the standards established by this section may be made to the Board of Appeals pursuant to Section 118-401.

(f)

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 Common Council or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violations 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 Section 1-16.

(Code 2005, § 13-1-120)

(a)

No radio or television antenna tower shall be erected or installed within the front yard. The rear setback and the side setback in rear yards shall be that for the principal structure with the respective zoning district.

(b)

No radio or television tower shall exceed a height of 20 feet above the roofline 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.

(Code 2005, § 13-1-121)

(a)

Purpose. The purpose of this section is to regulate the placement of wind energy conversion systems so that the public health and safety will not be jeopardized.

(b)

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

Wind energy conversion system (WECS) means a machine or mechanism that converts the kinetic energy in the wind into a usable form of electrical or mechanical energy, such as a wind turbine or windmill.

(c)

Conditional use permits for wind energy conversion systems. Installation of wind energy conversion systems shall require the granting of a conditional use permit and be granted or denied by the Plan Commission in accordance with the requirements of this section and with the procedures as required in Article IV of this chapter. ATCS are allowed as a conditional use in all zoning districts established in Section 118-71.

(d)

Application. In considering an application for a conditional use for a WECS, the Plan Commission shall require the following be submitted for review and analysis:

(1)

Three copies of a plot plan showing:

a.

The property lines and physical dimensions of the proposed site for the wind energy conversion system.

b.

The location, dimensions and types of existing structures and uses on such site.

c.

The location of all utility lines and structures on the site or within one radius of the total height of the wind energy conversion system.

(2)

Three copies of written information specifying:

a.

The height of the proposed wind energy conversion system, including data, on tower height, rotor diameter, total height of the tower and rotor, and distance of rotor to ground level.

b.

The proposed system and schedule for safety inspections and maintenance of the proposed wind energy conversion system.

c.

The proposed procedures to be used in case of abandonment or cessation of use of the proposed wind energy conversion system.

(3)

Three copies of written certifications and assurances provided by the manufacturer, the owner, the insurer and Northern States Power Company, as appropriate, pertaining to each of the factors identified in items Subsections (e)(6) through (e)(11) of this section.

(4)

Three copies of structural calculations prepared, signed and sealed by a Wisconsin registered architect or engineer certifying compliance with applicable building codes.

(5)

Three copies of a picture or schematic drawing of the proposed wind energy conversion system.

(6)

Any further information requested by the Plan Commission which may be required to render a decision.

(e)

Standards. In applying the standards and conditions contained in Article V of this chapter, the Plan Commission shall consider the following specific factors in connection with an application for a conditional use for a wind energy conversion system.

(1)

Height of the wind energy conversion system, including the rotor, as related to adjacent land uses and height limits for the particular zoning district.

(2)

Location of the wind energy conversion system on the site and as related to adjacent land uses.

(3)

Relationship of the wind energy conversion system to public utility structures.

(4)

Proposed maintenance of the wind energy conversion system.

(5)

Appropriate procedures upon abandonment or cessation of use of the wind energy system.

(6)

Safety of the wind energy conversion system, including, but not limited to, its structural integrity, sufficient overspeed control limiting the speed of blade rotation to below the design limits of the system, limitation of unauthorized access to the structure, height of rotor sweep from ground level and appropriate protection from electrical hazard. One or more signs may be required to be installed at the base of the tower warning of high voltage and including an emergency phone number and emergency shutdown procedures.

(7)

Noise created by the wind energy conversion system.

(8)

Electromagnetic interference produced by the wind energy conversion system.

(9)

Adequate provision for interconnection with, and parallel generation in connection with, the public electric system, where applicable.

(10)

Compliance with all applicable City, State or Federal safety construction and electrical codes and other laws, rules and regulations containing requirements for wind energy conversion systems.

(11)

Liability insurance to be obtained and maintained in force covering the installation and operation of the wind energy conversion system, having a single-limit coverage in the amount of at least $300,000.00.

(f)

Guy wires. Anchor points for guy wires for the WECS tower shall be located within property lines and not on or across any above-ground electric transmission or distribution lines.

(g)

Setbacks. The WECS shall be located such that the furthest extension of the apparatus does not cross any site or property line.

(h)

Abatement. If a wind energy conversion system or systems are not maintained in operational condition for a period of six months and pose a potential safety hazard, the owner or operator shall take expeditious action to remedy the situation. The City reserves the authority to abate any hazardous situation and to pass the cost of such abatement onto the owner or operator of the system. If the City determines that the WECS has been abandoned and poses a safety hazard, the system shall be removed within 45 days of written notice to the owner or operator of the system.

(Code 2005, § 13-1-122)