(a)

Purpose. This section regulating the placement of signal receiving antennas in residential districts and the downtown business district 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. No owner shall, within the city, build, construct, use or place any type of signal receiving antenna until a permit shall have first been obtained from the zoning administrator.

(c)

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 an owner.

Signal receiving antenna means any apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit. The term "signal receiving antenna" means and 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.

(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 in an amount established by the common council from time to time and as indicated on the schedule of licenses and fees appearing in chapter 16 of Code, 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.

(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 ten 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, except for systems used to provide community antenna television services.

(4)

Height. Any signal receiving antenna, whether ground-mounted or roof-mounted, including any platform or structure upon which said antenna is mounted or affixed, may not exceed ten feet in height above the highest point on the principal building on the lot, as measured from the base of the antenna, including any platform or structure upon which said antenna is mounted or affixed, to the highest point of the antenna or dish.

(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, 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 lighting 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.

(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 1-7.

(Code 1993, § 13-1-180)

(a)

Construction. No person shall construct or operate a wind energy conversion system (WECS) without having fully complied with the provisions of this section.

(b)

Permit.

(1)

A zoning permit shall be obtained to allow construction of a WECS. The fee for such permit shall be in an amount as established by the common council, from time to time, and as indicated on the schedule of licenses and fees appearing in chapter 16 of this Code.

(2)

A WECS permit shall be obtained from the city zoning administrator for the construction of all WECS.

(c)

Application. 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 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 over-sized 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 commercial building code including, but not limited to, Wis. Admin. Code chs. COMM 60 through 65, and any future amendments, additions, and/or revisions to same.

(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 state public service commission.

(h)

Setback requirements.

(1)

No WECS shall be constructed in any setback, dedicated easement, nor dedicated roadway.

(2)

Installation of any WECS may not be nearer to any property lines or right-of-way for overhead electrical transmission or distribution lines than three times the height of the WECS structure.

(i)

Noise. During all operations, from commencement through abandonment, all noise and vibrations shall conform to the requirements of this Code.

(j)

Interference with navigational systems. No WECS shall be installed or operated in such a manner that is not in compliance with the 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 this 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.

(Code 1993, § 13-1-181)