(a)

Purpose. 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 such 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 such antennas in locations that preserve access to rear property areas by firefighting apparatus and emergency personnel.

(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 the interest of such tenant in common or joint tenant. The personal representative of at least one owner shall be considered an owner.

Signal-receiving antenna is defined as any 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.

(c)

Limited permit requirement.

(1)

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.

(2)

An application for a signal-receiving antenna permit when required under subsection (c)(1) of this section shall be made in writing to the zoning administrator. With such 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 such permit. If such application meets the requirements of this section, the application shall be approved.

(d)

Exemption. Signal-receiving devices less than 24 inches in diameter are exempt from the requirements of this section, except for the requirements in subsections (e)(1), (6), (8) and (11) of this section.

(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 ten feet from any 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, such antenna may be placed in the front yard or on the roof of structures on the property following compliance with subsection (c) of this section. 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 when 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 15 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.

A ground-mounted signal-receiving antenna, including any platform or structure upon which the 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 roofline as measured from the lowest point of the existing roofline.

(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.

(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 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.

(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 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 such violation may institute appropriate action or proceedings to enjoin a violation 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 1-11.

(Code 1992, § 13-1-180)

No person shall construct or operate a wind energy conversion system (WECS) in the village without having fully complied with the provisions of Wis. Admin. Code ch. PSC 128.

(Code 1992, § 13-1-181)

(a)

Purpose; authority.

(1)

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 I collocation, the substantial modification of an existing support structure and mobile service facilities; and

c.

With regard to a Class II collocation, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.

(2)

Authority. The village board has the specific authority under Wis. Stats. §§ 62.23 and 66.0404 to adopt and enforce this section.

(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:

Antenna means communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.

Building permit means a permit issued by the village that authorizes an applicant to conduct construction activity that is consistent with the village's building regulations.

Class 1 collocation means 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.

Class 2 collocation means 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.

Collocation means Class 1 or Class 2 collocation, or both.

Distributed antenna system means 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.

Equipment compound means an area surrounding or adjacent to the base of an existing support structure within which is located mobile service facilities.

Existing structure means 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 village.

Fall zone means the area over which a mobile support structure is designed to collapse.

Mobile service has the meaning given in 47 USC 153(33).

Mobile service facility means 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.

Mobile service provider means a person who provides mobile service.

Mobile service support structure (tower) means a freestanding structure that is designed to support a mobile service facility.

Permit means a permit, other than a building permit, or approval issued by the village which authorizes any of the following activities by an applicant:

(1)

A Class 1 collocation.

(2)

A Class 2 collocation.

(3)

The construction of a mobile service support structure.

Public utility has the meaning given in Wis. Stats. § 196.01(5).

Search ring means a shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radio frequency engineering requirements, taking into account other factors, including topography and the demographics of the service area.

Substantial modification means the modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:

(1)

For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.

(2)

For structures with an overall height of more than 200 feet, increases the overall height of the structure by ten percent or more.

(3)

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 collocation.

(4)

Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.

Support structure means 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.

Utility pole means a structure owned or operated by an alternative telecommunications utility, as defined in Wis. Stats. § 196.01(1d); public utility, as defined in Wis. Stats. § 196.01(5); telecommunications utility, as defined in Wis. Stats. § 196.01(10); political subdivision; or cooperative association organized under Wis. Stats. ch. 185; and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in Wis. Stats. § 182.017(1g)(cq); for video service, as defined in Wis. Stats. § 66.0420(2)(y), 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 village 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 village 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 village 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 numbers, 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 collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation 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 village 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 village 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 village shall consider the application complete. If the village determines that the application is incomplete, the village shall notify the applicant in writing, within ten 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 village shall complete all of the following or the applicant may consider the application approved, except that the applicant and the village may agree in writing to an extension of the 90-day period:

1.

Review the application to determine whether it complies with all applicable aspects of the village'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 village may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement under subsection (c)(1)b.6 of this section.

g.

If the applicant provides the village 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 village zoning regulations, that provision does not apply to such a structure unless the village provides the applicant with substantial evidence that the engineering certification is flawed.

h.

The fee for the permit shall be as provided in the village fee schedule, but may not exceed $3,000.00 per Wis. Stats. § 66.0404(4)(d).

(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 collocation, or a Class 2 collocation, the village, pursuant to Wis. Stats. § 66.0404(4), 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 village.

d.

Charge a mobile radio service provider a fee in excess on the amounts prescribed in Wis. Stats. § 66.0404(4)(d).

e.

Charge a mobile radio service provider any recurring fee for an activity described in Wis. Stats. § 6.0404(2)(a) or a Class 2 collocation.

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 Wis. Stats. § 66.0404(2)(a), based solely on aesthetic concerns.

h.

Disapprove an application to conduct a Class 2 collocation on aesthetic concerns.

i.

Enact or enforce a village ordinance related to radio frequency 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 village which fall into disuse. (Note: Per Wis. Stats. § 66.0404(4)(i), there is a rebuttable presumption that a surety requirement of $20,000.00 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 village at less than market rate, or provide the village 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 collocation.

q.

Disapprove an application based on an assessment by the village 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.

t.

Consider an activity a substantial modification under subsection (1) and (2) of the definition of the term "substantial modification" in this section if a greater height is necessary to avoid interference with an existing antenna.

u.

Consider an activity a substantial modification under subsection (3) of the definition of the term "substantial modification" in this section if a greater protrusion is necessary to shelter the antenna from increment weather or to connect the antenna to the existing structure by cable.

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 village in connection with the village'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 village to place at or collocate with the applicant's support structure any mobile service facilities provided or operated by, whether in whole or in part, the village or an entity in which the village or other political subdivision has a governance, competitive, economic, financial or other interest.

(d)

Class 1 collocation.

(1)

Application process.

a.

A zoning permit is required for a Class 1 collocation. A Class 1 collocation is a conditional use in the village 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 village. 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 numbers, 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 collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation 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 village 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 village 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 village shall consider the application complete. If the village does not believe that the application is complete, the village shall notify the applicant in writing, within ten 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 village shall complete all of the following or the applicant may consider the application approved, except that the applicant and the village may agree in writing to an extension of the 90-day period:

1.

Review the application to determine whether it complies with all applicable aspects of the village's building regulations 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 village may disapprove an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under subsection (d)(1)b.6 of this section.

g.

If an applicant provides the village 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 provision does not apply to such a structure unless the village provides the applicant with substantial evidence that the engineering certification is flawed.

h.

The fee for the permit shall be as provided in the village fee schedule, but may not exceed $3,000.00 per Wis. Stats. § 66.0404(4)(d).

(2)

Regulatory and application limitations. The regulatory and application parameters and limitations prescribed in subsection (c)(2) of this section shall be applicable.

(e)

Class 2 collocation.

(1)

Application process.

a.

A village zoning permit is required for a Class 2 collocation. A Class 2 collocation is a permitted use in the village but still requires the issuance of village building permits.

b.

A written permit application shall be completed by the applicant and submitted to the village. 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 numbers, 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.

c.

A permit application will be provided by the village 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 10, a Class 2 collocation 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 village 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 village shall consider the application complete. If any of the required information is not in the application, the village 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 village shall complete all of the following or the applicant may consider the application approved, except that the applicant and the village may agree in writing to an extension of the 45-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 provided in the village fee schedule but may not exceed $500.00 or the commercial building permit fee equivalent, per Wis. Stats. § 66.0404(4)(d).

(2)

Regulatory and application limitations. The regulatory and application parameters and limitations prescribed in subsection (c)(2) of this section shall be applicable.

(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 or forfeitures prescribed in section 1-11, 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 village may seek injunctive relief from a court of record to enjoin further violations.

(Code 1992, § 13-1-182)