(a)

Conditional use permit required. No owner shall, within the village, build, construct, use or place any type of satellite earth station until a conditional permit shall have first been obtained pursuant to article IV of this chapter.

(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.

Satellite television dish or earth station means 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 disk, satellite communications systems or home earth stations.

(c)

Application. Application for a satellite earth station conditional use permit shall be made, in writing, to the zoning administrator. 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.

(d)

Installation restrictions. Satellite earth stations installed as a conditional use 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 upon application for a variance in nonresidential zones.

(2)

Location and setbacks. Location and setback restrictions for satellite earth stations are as follows:

a.

Any satellite dish mounting post shall only be located in the rear yard of a residential lot, and no part of the dish shall come closer than three feet to any property line. Placement of a satellite dish in a business or industrial district shall not be allowed unless a special exception is granted by the village board.

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 zoning board of appeals. For corner lots, a side 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.

d.

The plan commission 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 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 zoning administrator 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. Height restrictions are as follows:

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, the 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. 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 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 (Pub.L. 98-549, Oct. 30, 1984, 98 Stat. 2779, as amended) and regulations adopted thereunder.

(e)

Variances. Requests for variances from the standards established by this section may be made to the board of appeals pursuant to section 44-517.

(f)

Enforcement. The enforcement provisions are as follows:

(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 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 1-12.

(Code 2006, § 13-1-180)

(a)

No radio or television antenna tower shall be erected or installed within the front yard. The rear setback and the side setback shall be that for the principal structure with the respective zoning district. The exact location of the antenna tower shall be subject to approval by the zoning administrator.

(b)

No radio or television tower shall exceed a height of 60 feet above the ground measured at grade level, whichever is the minimum.

(c)

Radio or television antenna towers shall be erected and installed in accordance with the state electrical code, National Electrical Safety Code and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.

(Code 2006, § 13-1-181)

(a)

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

Windmill, Traditional Dutch means windmills which are used to mill grains through direct mechanical systems.

Wind energy systems (WES) means windmills which are used to produce electrical power.

(b)

Approval required. No owner shall, within the village, build, construct, use or place any type or kind of wind energy system without holding the appropriate conditional use permit for said system.

(c)

Separate permit required for each system. A separate conditional use permit shall be required for each system. Said permit shall be applicable solely to the systems, structures, use and property described in the permit.

(d)

Basis of approval. The plan commission shall base their determinations on general considerations as to the effect of such grant on the health, general welfare, safety and economic prosperity of the village and, specifically, of the immediate neighborhood in which such use would be located, including such considerations as the effect on the established character and quality of the area, its physical attractiveness, the movement of traffic, the demand for related services, the possible hazardous, harmful, noxious, offensive or nuisance effect as a result of noise, dust, smoke or odor and such other factors as would be appropriate to carry out the intent of this chapter.

(Code 2006, § 13-1-182; Ord. No. 11(Ser. of 2011), § 1, 7-6-2011)

(a)

Application. The permit application for a wind energy system shall be made to the zoning administrator on forms provided by the village. The application shall include the following information:

(1)

The name and address of the applicant.

(2)

The address of the property on which the system will be located.

(3)

Applications for the erection of a wind energy system shall be accompanied by a site plan drawn to scale for the property to be served showing the location of the generating facility and the means by which the facility will provide power to structures. If the system is intended to provide power to more than one premises, the plan shall show all properties to be served and the means of connection to the wind energy system. A copy of all agreements with system users off the premises shall accompany the application. The application shall further indicate the level of noise to be generated by the system and provide assurances as to the safety features of the system. Energy easements shall accompany the application.

(4)

An accurate and complete written description of the use for which conditional use is being requested, including pertinent statistics and operational characteristics.

(5)

Plans and other drawings showing proposed development of the site and buildings, including landscape plans, location of parking and service areas, driveways, exterior lighting, type of building material, location of all underground utilities on the property, location of all aboveground utility lines within two times the height of the WES.

(6)

Dimensional representation of structural components of the tower construction, schematic of electrical systems including existing and proposed electrical connections, manufacturer's installation and operation instructions and design information, and certification by a registered professional engineer that the WES design is sufficient to withstand wind load requirements.

(7)

Any other information which the zoning administrator, plan commission or building inspector may deem necessary to the proper review of the application.

(8)

The zoning administrator shall review the application, and, if the application is complete and contains all required information, shall refer it to the plan commission.

(b)

Hearing. Upon referral of the application, the plan commission shall schedule a public hearing thereof following the procedures in article IV of this chapter, pertaining to conditional use permits.

(c)

Determination. Following public hearing and necessary study and investigation, the plan commission shall, as soon as practical, render its decision and a copy be made a permanent part of the minutes. Such decision shall include an accurate description of the special use permitted, of the property on which permitted, and any and all conditions.

(d)

Termination. When a special use does not continue in conformity with the conditions of the original approval, or where a change in the character of the surrounding area or of the use itself cause it to be no longer compatible with surrounding areas, or for similar cause based upon consideration for the public welfare, the special grant may be terminated by action of the plan commission following a public hearing thereon.

(e)

Changes. Subsequent change or addition to the approved plans or use shall first be submitted for approval to the plan commission and if, in the opinion of the plan commission, such change or addition constitutes a substantial alteration, a public hearing before the plan commission shall be required and notice thereof be given.

(f)

Approval does not waive permit requirements. The approval of a permit under this division shall not be construed to waive the requirement to obtain electrical, building or plumbing permits prior to installation of any system.

(Code 2006, § 13-1-183; Ord. No. 11(Ser. of 2011), § 1, 7-6-2011)

(a)

Additional standards. Wind energy systems, commonly referred to as "windmills," which are used to produce electrical power, shall also satisfy the requirements of this section in addition to those found elsewhere in this article.

(b)

Application. Applications for the erection of a wind energy system shall be accompanied by a site plan drawn to scale for the property to be served showing the location of the generating facility and the means by which the facility will provide power to structures. If the system is intended to provide power to more than one premises, the plan shall show all properties to be served and the means of connection to the wind energy system. A copy of all agreements with system users off the premises shall accompany the application. The application shall further indicate the level of noise to be generated by the system and provide assurances as to the safety features of the system. Energy easements shall accompany the application.

(c)

Construction. Wind energy systems shall be constructed and anchored in such a manner to withstand wind pressure of not less than 40 pounds per square foot in area.

(d)

Noise. The maximum level of noise permitted to be generated by a wind energy system shall be 50 decibels, as measured on a dBA scale, measured at the lot line.

(e)

Electromagnetic interference. Wind energy system generators and alternators shall be filtered and/or shielded so as to prevent the emission of radio-frequency energy that would cause any harmful interference with radio and/or television broadcasting or reception. In the event that harmful interference is caused subsequent to the granting of a conditional use permit, the operator of the wind energy system shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

(f)

Location and height. Wind energy conversion systems are exempt from the height requirements of this chapter; however, all such systems over 75 feet in height shall submit plans to the Federal Aviation Administration (FAA) to determine whether the system is to be considered an object affecting navigable air space and subject to FAA restrictions. A copy of any FAA restrictions imposed shall be included as a part of the wind energy conversion system conditional use permit applications. All new WES shall meet the following:

(1)

Installation of any WES may not be nearer to any property line than three times the height of the structure.

(2)

No WES shall be located in any setback, dedicated easement, nor dedicated roadway.

(3)

The minimum distance between the ground and any blades, sails, or turbines utilized on a WES shall be 15 feet, as measured at the lowest point of the arc through which the[y] pass.

(g)

Fence required. All wind energy systems shall be surrounded by a security fence not less than six feet in height. A sign shall be posted on the fence warning of high voltage.

(h)

Utility company notification. The appropriate electric power company shall be notified, in writing, of any proposed interface with that company's grid prior to installing said interface. Copies of comments by the appropriate utility company shall accompany and be part of the application for a conditional use permit.

(i)

Utility interconnection. The WES, 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.

(j)

Electrical distribution lines. All WES electrical distribution lines shall be located underground.

(k)

Required safety features. The following shall apply to all WES facilities.

(1)

All WES shall be designed with an automatic over-speed control to render the system inoperable when winds are in excess of the speeds for which the machine is designed.

(2)

All WES 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 over-speed control.

(3)

All WES shall be designed with an automatic control to render the system inoperable in case of loss of utility power to prevent the WES from supplying power to a de-energized electrical distribution system.

(4)

All WES thereof declared to be unsafe by an official of the village by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in these Codes of Ordinances.

(l)

Maintenance. Village personnel shall have the right, at any reasonable time, to enter, in the company of the owner or agent of the owner, the premises to inspect all parts of the system.

(Code 2006, § 13-1-184; Ord. No. 11(Ser. of 2011), § 1, 7-6-2011)