Colby City Zoning Code
ARTICLE IX
Signal-Receiving Antennas; Wind Energy Systems
§ 480-80 Signal-receiving antennas (satellite dishes).
A.
Purpose. This section regulating the placement of signal-receiving antennas (including satellite dishes) 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 City of Colby, build, construct, use or place any type of signal-receiving antenna until a permit shall have first been obtained from the Zoning Administrator.
C. OWNER SIGNAL-RECEIVING ANTENNA
Definitions. As used in this section, the following terms shall have the meanings indicated:
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.
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. Excluded from regulation under this section are satellite antennas two feet or less in diameter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
Application. Application for a signal-receiving antenna permit shall be made in writing to the Zoning Administrator. With such application, there shall be submitted a fee as set by the Common Council 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. If such application meets all requirements of this section, the application shall be approved.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E.
Installation standards. Signal-receiving antennas installed in any zoning district within the City shall comply with the following provisions:
(1)
Setbacks.
(a)
Any signal-receiving antenna and its mounting post shall be located a minimum of 10 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 the signal-receiving antenna shall not exceed 15 feet in diameter for commercial uses or 10 feet in diameter for residential uses, 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 18 feet in height, as measured from the ground to the highest point of the dish.
(b)
A roof-mounted antenna may not exceed 15 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 80 miles per hour.
(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 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 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.
F.
Enforcement.
(1)
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 Common Council 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.
§ 480-81 Wind energy systems.
A.
Construction of wind energy systems. No person shall construct or operate a wind energy conversion system (WECS) without having fully complied with the provisions of this section.
C.
Application requirements. An application for a permit to build a wind energy system shall include the following:
(1)
The property lines of the proposed site of construction.
(2)
Proposed location of the WECS.
(3)
Location and description of all structures located on the property where the WECS site is proposed.
(4)
Location of all aboveground utility lines within a radius equal to two times the height of the proposed WECS.
(5)
Location of all underground utility lines on the property where a WECS site is proposed.
(6)
Dimensional representation of the structural components of the tower construction, including the base and footings.
(7)
Schematic of electrical systems associated with the WECS, including all existing and proposed electrical connections.
(8)
Manufacturer's specifications and installation and operation instructions or specific WECS design information.
(9)
Certification by a registered professional engineer that the tower design is sufficient to withstand wind load requirements for structure as defined by the Uniform Building Code.
D.
Blade clearance. The minimum distance between the ground and any protruding blade(s) utilized on a WECS shall be 15 feet, as measured at the lowest point of the arc of the blades. The minimum distance shall be increased as necessary to provide for vehicle clearance in locations where oversized vehicles might travel.
E.
Climbing towers; tower access. Access to towers shall be controlled by fences six feet in height around the tower and anti-climbing devices. Existing local regulations regarding attractive nuisances shall cover wind systems as well. A sign indicating shock hazard shall be placed on the tower. Such sign shall state: "Warning. Electrical shock hazard. No unauthorized persons on tower. No trespassing." Cables, ropes or wires used to secure the WECS shall be appropriately marked to prevent accidental bodily harm.
F.
Tower construction. Tower construction shall be in accordance with all applicable sections of the Wisconsin State Building Code, including, but not limited to, Ch. SPS 362, Wis. Adm. Code, and any future amendments, additions and/or revisions to same.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
G.
Utility interconnection. The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operate as set forth in the electrical utility's then-current service regulations applicable to WECS; these standards are subject to review by the Public Service Commission.
H.
Setback requirements.
I.
Noise. During all operations, from commencement through abandonment, all noise and vibrations shall conform with the requirements of the City of Colby Code of Ordinances.
J.
Interference with navigational systems. No WECS shall be installed or operated in such a manner that is not in compliance with Federal Aviation Administration regulations.
K.
Electrical distribution lines. All WECS electrical distribution lines shall be located underground.
L.
Required safety features.
(1)
All WECS shall be designed with an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the machine is designed.
(2)
All WECS shall have a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system, including the automatic overspeed control.
(3)
All WECS shall be designed with an automatic control to render the system inoperable in case of loss of utility power to prevent the WECS from supplying power to a de-energized electrical distribution system.
(4)
Any WECS thereof declared to be unsafe by the Zoning Administrator by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the City of Colby Code.
M.
Maintenance. The Zoning Administrator or his representative shall have the right, at any reasonable time, to enter, in the company of the owner or his agent, the premises on which a WECS has been constructed to inspect all parts of said WECS installation and require that repairs or alterations be made within 30 days if, in his judgment, there exists a deficiency in the structural stability of the system.
N.
Inspections. A yearly inspection at a fee to be determined from time to time by resolution of the Common Council shall be made by the Zoning Administrator to certify the safety and maintenance of the WECS and accessory structures.
§ 480-82 Mobile tower siting.
A.
Title; purpose; authority.
(1)
Title. This section is entitled the "City of Colby Mobile Tower Siting Ordinance."
(2)
Purpose. The purpose of this section is to regulate by zoning permit:
(a)
The siting and construction of any new mobile service support structure and facilities;
(b)
With regard to a Class 1 co-location, the substantial modification of an existing support structure and mobile service facilities; and
(c)
With regard to a Class 2 co-location, co-location on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.
B. ANTENNA BUILDING PERMIT CLASS 1 CO-LOCATION CLASS 2 CO-LOCATION CO-LOCATION DISTRIBUTED ANTENNA SYSTEM EQUIPMENT COMPOUND EXISTING STRUCTURE FALL ZONE MOBILE SERVICE MOBILE SERVICE FACILITY MOBILE SERVICE PROVIDER MOBILE SERVICE SUPPORT STRUCTURE (TOWER) PERMIT PUBLIC UTILITY SEARCH RING SUBSTANTIAL MODIFICATION(1) (2) (3) (4) SUPPORT STRUCTURE UTILITY POLE
Definitions. As used in this section, the following terms shall have the meanings indicated:
Communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.
A permit issued by the City that authorizes an applicant to conduct construction activity that is consistent with the City's Building Code (Chapter 203, Building Construction, of the Code of the City of Colby).
The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility but does need to engage in substantial modification.
The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility or engage in substantial modification.
Class 1 or Class 2 co-location, or both.
A network of spatially separated antenna nodes that is connected to a common source via a transport medium and that provides mobile service within a geographic area or structure.
An area surrounding or adjacent to the base of an existing support structure within which are located mobile service facilities.
A support structure that exists at the time a request for permission to place mobile service facilities on a support structure is filed with the City.
The area over which a mobile support structure is designed to collapse.
Has the meaning given in 47 U.S.C. § 153(33).
The set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling and associated equipment, that is necessary to provide mobile service to a planned geographic area, but does not include the underlying support structure.
A person who provides mobile service.
A freestanding structure that is designed to support a mobile service facility.
A permit, other than a building permit, or approval issued by the City which authorizes any of the following activities by an applicant:
Has the meaning given in § 196.01(5), Wis. Stats.
A shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radiofrequency engineering requirements, taking into account other factors including topography and the demographics of the service area.
The modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:
For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.
For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10% or more.
Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for co-location.
Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.
An existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building or other structure.
A structure owned or operated by an alternative telecommunications utility, as defined in § 196.01(1d), Wis. Stats.; public utility, as defined in § 196.01(5), Wis. Stats.; telecommunications utility, as defined in § 196.01(10), Wis. Stats.; political subdivision; or cooperative association organized under Ch. 185, Wis. Stats.; and that is designed specifically for and used to carry lines, cables or wires for telecommunications service, as defined in § 182.017(1g)(cq), Wis. Stats.; for video service, as defined in § 66.0420(2)(y), Wis. Stats.; for electricity; or to provide light.
C.
Siting and construction of any new mobile service support structure and facilities; regulation limitations.
(1)
Application process.
(a)
A City zoning permit is required for the siting and construction of any new mobile service structure and facilities. The siting and construction of any new mobile service support structure and facilities is a conditional use in the City obtainable with this permit through the conditional use permit process.
(b)
A written permit application shall be completed by the applicant and submitted to the City Clerk-Treasurer. The application shall contain, at a minimum, the following information:
[1]
The name and business address of, and the contact individual for, the applicant; applicable telephone number(s), fax number and email address shall be provided.
[2]
The location of the proposed or affected support structure.
[3]
The location of the proposed mobile service facility.
[4]
If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling and related equipment associated with the proposed modifications.
[5]
If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling and related equipment to be placed on or around the new mobile service support structure.
[6]
If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose co-location, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
(c)
A permit application will be provided by the City upon request to any applicant, or, in the alternative, the applicant can provide the required information in the form of correspondence or report with supporting documentation.
(d)
If an applicant submits to the City an application for conditional use and zoning permits to engage in an activity described in this section, which contains all of the information required under this section, the City shall consider the application complete. If the City determines that the application is incomplete, the City shall notify the applicant, in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is considered complete.
(e)
Within 90 days of its receipt of a complete application, the City shall complete all of the following or the applicant may consider the application approved, except that the applicant and the City may agree in writing to an extension of the ninety-day period:
[1]
Review the application to determine whether it complies with all applicable aspects of the City's Building Code and, subject to the limitations in this section, provisions of this chapter.
[2]
Make a final decision whether to approve or disapprove the application.
[3]
Notify the applicant, in writing, of its final decision.
[4]
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(f)
The City may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement under Subsection C(1)(b)[6].
(g)
If the applicant provides the City with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in the Zoning Code, that Zoning Code provision does not apply to such a structure unless the City provides the applicant with substantial evidence that the engineering certification is flawed.
(h)
The fee for the permit shall be as set by the Common Council [but may not exceed $3,000 per § 66.0404(4)(d), Wis. Stats.].
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Regulatory and application limitations. With regard to the siting and construction of a new mobile service support structure/facilities, the substantial modification of an existing support structure and mobile service facility as part of a Class 1 co-location, or a Class 2 co-location, the City, pursuant to § 66.0404(4), Wis. Stats., shall not:
(a)
Impose environmental testing, sampling or monitoring requirements, or other compliance measures for radio frequency emissions, on mobile service facilities or mobile radio service providers.
(b)
Enact a moratorium ordinance on the permitting, construction or approval of any such activities.
(c)
Enact an ordinance regulation prohibiting the placement of a mobile service support structure in particular locations within the City.
(d)
Charge a mobile radio service provider a fee in excess of the amounts prescribed in § 66.0404(4)(d), Wis. Stats.
(e)
Charge a mobile radio service provider any recurring fee for an activity described in § 66.0404(2)(a), Wis. Stats., or a Class 2 co-location.
(f)
Permit third-party consultants to charge the applicant for any travel expenses incurred in the consultant's review of mobile service permits or applications.
(g)
Disapprove of an application to conduct an activity described in § 66.0404(2)(a), Wis. Stats., based solely on aesthetic concerns.
(h)
Disapprove an application to conduct a Class 2 co-location on aesthetic concerns.
(i)
Enact or enforce a City ordinance related to radiofrequency signal strength or the adequacy of mobile service quality.
(j)
Impose a surety requirement, unless the requirement is competitively neutral, nondiscriminatory and commensurate with the historical record for surety requirements for other facilities and structures in the City which fall into disuse. [Note: Per § 66.0404(4)(i), Wis. Stats., there is a rebuttable presumption that a surety requirement of $20,000 or less complies with this subsection.]
(k)
Prohibit the placement of emergency power systems.
(l)
Require that a mobile service support structure be placed on property owned by the political subdivision.
(m)
Disapprove an application based solely on the height of the mobile service support structure or on whether the structure requires lighting.
(n)
Condition approval of such activities on the agreement of the structure or mobile service facility owner to provide space on or near the structure for the use of or by the City at less than market rate, or provide the City other services via the structure or facilities at less than the market rate.
(o)
Limit the duration of any permit that is granted.
(p)
Require an applicant to construct a distributed antenna system instead of either constructing a new mobile service support structure or engaging in co-location.
(q)
Disapprove an application based on an assessment by the City of the suitability of other locations for conducting the activity.
(r)
Require that a mobile service support structure, existing structure or mobile service facilities have or be connected to backup battery power.
(s)
Impose a setback or fall zone requirement for a mobile service support structure that is different from a requirement that is imposed on other types of commercial structures.
(v)
Limit the height of a mobile support structure to under 200 feet.
(w)
Condition the approval of an application on, or otherwise require, the applicant's agreement to indemnify or insure the City in connection with the City's exercise of its authority to approve the application.
(x)
Condition the approval of an application on, or otherwise require, the applicant's agreement to permit the City to place at or co-locate with the applicant's support structure any mobile service facilities provided or operated by, whether in whole or in part, the City or an entity in which the City or other political subdivision has a governance, competitive, economic, financial or other interest.
D.
Class 1 co-location.
(1)
Application process.
(a)
A zoning permit is required for a Class 1 co-location. A Class 1 co-location is a conditional use in the City obtainable with this permit through the conditional use process of this chapter.
(b)
A written permit application shall be completed by the applicant and submitted to the City. The application must contain, at a minimum, the following information:
[1]
The name and business address of, and the contact individual for, the applicant; applicable telephone number(s), fax number, and email address shall be provided.
[2]
The location of the proposed or affected support structure.
[3]
The location of the proposed mobile service facility.
[4]
If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling and related equipment associated with the proposed modifications.
[5]
If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling and related equipment to be placed on or around the new mobile service support structure.
[6]
If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose co-location, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
(c)
A permit application will be provided by the City upon request to any applicant, or, in the alternative, the applicant can provide the required information in the form of correspondence or report with supporting documentation.
(d)
If an applicant submits to the City an application for a permit to engage in an activity described in this section, which contains all of the information required under this section, the City shall consider the application complete. If the City does not believe that the application is complete, the City shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
(e)
Within 90 days of its receipt of a complete application, the City shall complete all of the following or the applicant may consider the application approved, except that the applicant and the City may agree in writing to an extension of the ninety-day period:
[1]
Review the application to determine whether it complies with all applicable aspects of the City's Building Code and, subject to the limitations of this section, zoning ordinances.
[2]
Make a final decision whether to approve or disapprove the application.
[3]
Notify the applicant, in writing, of its final decision.
[4]
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(f)
The City may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described under Subsection D(1)(b)[6].
(g)
If an applicant provides the City with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in a zoning ordinance, that Zoning Code provision does not apply to such a structure unless the City provides the applicant with substantial evidence that the engineering certification is flawed.
(h)
The fee for the permit shall be as set by the Common Council [but may not exceed $3,000 per § 66.0404(4)(d), Wis. Stats.].
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E.
Class 2 co-location.
(1)
Application process.
(a)
A City zoning permit is required for a Class 2 co-location. A Class 2 co-location is a permitted use in the City but still requires the issuance of City building permits.
(b)
A written permit application shall be completed by the applicant and submitted to the City. The application must contain, at a minimum, the following information:
(c)
A permit application will be provided by the City upon request to any applicant, or, in the alternative, the applicant can provide the required information in the form of correspondence or report with supporting documentation.
(d)
Per Chapter 203, Building Construction, of the City Code, a Class 2 co-location is also subject to the same requirements for the issuance of a building permit to which any other type of commercial development/construction or land use development is subject.
(e)
If an applicant submits to the City an application for a permit to engage in an activity described in this section, which contains all of the information required under this section, the City shall consider the application complete. If any of the required information is not in the application, the City shall notify the applicant in writing, within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
(f)
Within 45 days of its receipt of a complete application, the City shall complete all of the following or the applicant may consider the application approved, except that the applicant and the City may agree in writing to an extension of the forty-five-day period:
[1]
Make a final decision whether to approve or disapprove the application.
[2]
Notify the applicant, in writing, of its final decision.
[3]
If the application is approved, issue the applicant the relevant permit.
[4]
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(g)
The fee for the permit shall be as set by the Common Council [but may not exceed $500 or the commercial building permit fee equivalent, § 66.0404(4)(d), Wis. Stats.].
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F.
Penalty provisions. Any person, partnership, corporation or other legal entity that fails to comply with the provisions of this section shall, upon conviction, be subject to the penalties and/or forfeitures prescribed in § 480-107, plus applicable surcharges, assessments and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this section. In addition, the City of Colby may seek injunctive relief from a court of record to enjoin further violations.