Howards Grove Village
City Zoning Code
City Zoning Code
ARTICLE X
Signal-Receiving Antennas
§ 415-75 Signal-receiving antennas.
A.
Purpose. This section 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 of Howards Grove, build, construct, use or place any type of signal-receiving antenna with a diameter greater than two feet until a building permit shall have first been obtained from the Zoning Administrator. Exception: Residential UHF, VHR and AM, FM that do not exceed installation standard in Subsection E are exempt from the permit requirements of this section
C.
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.
SIGNAL-RECEIVING ANTENNA
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, and 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. With such application, there shall be submitted a fee as set by the Village Board on the adopted rate schedule 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)
Notification and objections from adjoining property owners.
(a)
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 10 days to object to the installation of said antenna.
(b)
If any adjoining property owner objects to the installation of said antenna, no permit shall be issued, and the application, plans and any objection thereto shall be referred to the Zoning Board of Appeals under Article XIV of this chapter.
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 comply with the setback requirements for accessory buildings for that zoning district. Only one satellite television dish is allowed per residential lot.
(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, 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 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 installation 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 Village Clerk-Treasurer 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 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 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 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 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 § 1-4 of this Code.[2]
[2]
Editor's Note: The following original sections of the 1993 Code of Ordinances, which immediately and respectively followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II): Sec. 13-1-131, Special use permits required – wind energy systems; Sec. 13-1-132, Permit procedure – wind energy systems; Sec. 13-1-133, Specific requirements regarding wind energy systems.