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Hales Corners City Zoning Code

ARTICLE XIII

Satellite Earth Stations; Television or Radio Antenna Towers

§ 445-13.1 Satellite earth stations.

A. 
Permit required. No owner shall, within the Village of Hales Corners, build, construct, use or place any type of satellite earth station until a building permit has first been obtained.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
OWNER
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
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."
C. 
Installation restrictions. Satellite earth stations installed in any zoning district within the Village 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 by the Board of Appeals 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. Satellite dishes shall comply with the front, rear and side yard requirements applicable to accessory buildings in that district.
(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 Village.
(3) 
Mounting. 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 Zoning Administrator may require engineering calculations.
(4) 
Diameter. The diameter of the satellite television dish shall not exceed 10 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 miles per hour.
(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, 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 satellite earth station to the receivers shall be installed underground unless installation site conditions preclude underground installation. 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 give written notice to the Zoning Administrator of the date when such placement shall begin and end.
(9) 
Advertising. No form of advertising or identification, sign or mural 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 any 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[1] and regulations adopted thereunder.
[1]
Editor's Note: See 47 U.S.C. § 521 et seq.
(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.
D. 
Variances. Request for variances from the standards established by this section may be made to the Board of Appeals pursuant to § 445-17.1 of this chapter.
E. 
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 Village Board, Zoning Administrator 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 or which fails to comply with the provisions of this section shall, upon conviction, be subject to the general penalty found in § 1-4 of this Code.

§ 445-13.2 Radio or television antenna towers.

A. 
No radio or television antenna tower shall be erected or installed within the front yard. No tower shall be erected closer than 30 feet to any property line. Anchor locations for guy wires shall be located no closer than five feet to any property line. The exact location of the antenna tower shall be subject to approval by the Zoning Administrator.
[Amended 12-22-1997 by Ord. No. 97-11]
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 the minimum.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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.[1]
[1]
Editor's Note: Original §§ 8-11.3 through 8-11.5, which immediately followed this section and dealt with wind energy systems, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Ch. 436, Wind Energy Systems.