Mount Horeb Village
City Zoning Code
City Zoning Code
ARTICLE XI
Signal-Receiving Antennas; Antenna Towers
17.121 Antennas and antenna towers.
[Amended 9-3-2003 by Ord. No. 2003-15]
(1)
Purpose. This article is intended to:
(a)
Provide uniform regulation of antennas and antenna towers;
(b)
Secure placement of antennas and antenna towers in an aesthetically sensitive manner while allowing reasonable reception of signals;
(c)
Protect the public from injury from antennas that are inadequately mounted, unduly susceptible to wind pressure, improperly installed and wired, or are placed on towers or other structures insufficiently designed or constructed to safely support the antenna; and
(d)
Provide for placement of antennas and antenna towers in locations that preserve access to rear property areas by firefighting apparatus and emergency personnel.
(2) ANTENNA OWNER
Definitions. As used in this article, the following terms shall have the meanings indicated:
Any structure or device used for the purpose of receiving or transmitting electromagnetic signals, including, but not limited to, any apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit; parabolic antennas; satellite earth stations; UHF and VHF television antennas; and AM, FM, ham and short-wave radio antennas, regardless of the method of mounting.
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 or her interest. The personal representative of at least one owner shall be considered an owner.
(3)
Permit required.
(a)
Antenna permit. No owner shall build, construct, use or place any type of antenna within the Village of Mount Horeb until an antenna permit shall have first been obtained from the Building Inspector.
(b)
Building permit. No owner shall erect, alter, repair, move, or break ground for an antenna tower within the Village of Mount Horeb until a building permit has first been obtained from the Building Inspector.
(4)
Exemption. No permit shall be required for roof-mounted UHF and VHF television antennas that do not exceed a height of 10 feet above the primary roof line, as measured from the lowest point of the primary roof line.
(5)
Application.
(a)
Antenna permit. Application for an antenna permit shall be made, in writing, to the Building Inspector. The applicant shall submit the application, an application fee, as provided in the Village Fee Schedule, a sufficient set of mounting plans and specifications, a copy of the manufacturer's instructions, and a general plot plan showing the location of the proposed antenna with respect to streets, lot lines and buildings.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(6)
Installation standards. Antennas and towers installed in any zoning district within the Village shall comply with the following provisions:
(a)
Setbacks.
1.
All roof-mounted antennas and components must be installed within the setback requirements for principal structures within the respective zoning district. All tower-mounted antennas, antenna towers, and components must be installed within the setback requirements for accessory structures within the respective zoning district.
2.
Antennas and antenna towers shall only be located in the rear yard of any lot. If reasonable operation is not possible with a rear yard placement due to the physical characteristics of the lot and area, the antenna and tower shall be placed in the side yard of the lot. For corner lots, a side yard is only a yard that does not face a street.
3.
If side yard or roof mounting is requested, the Plan Commission shall determine where reasonable operation is possible, based on evidence provided by the person seeking to erect or construct the antenna.
4.
Antennas and antenna towers are permitted to be located in the front yard of any lot as a conditional use upon a determination by the Plan Commission that the front yard placement is necessary to achieve effective, reliable and safe communication and that the antenna and/or tower otherwise complies with the requirements in this section.
(b)
Mounting. Antennas shall be permitted to be attached to the wall or roof of any principal or accessory structure or an antenna tower only if the structure or tower is properly constructed to carry all imposed loading and complies with applicable state and local Building Code requirements. The Building Inspector may require engineering calculations.
(c)
Diameter.
1.
The diameter of a satellite earth station or diameter for a roof-mounted antenna shall not exceed 32 inches in diameter.
[Amended 11-1-2006 by Ord. No. 2006-24]
2.
A satellite earth station exceeding the diameter limitations is permitted as a conditional use upon a determination by the Plan Commission that the greater diameter is necessary to achieve effective, reliable and safe communication and that the earth station otherwise complies with the requirements in this section.
(d)
Height.
1.
No antenna or antenna tower may exceed a height of 20 feet above the primary roof line, as measured from the lowest point of the primary roof line, or a height of 60 feet above the ground, as measured from grade level to the highest point of the antenna or tower, whichever is lower.
2.
An antenna or tower exceeding the maximum prescribed height limitations is permitted as a conditional use upon a determination by the Plan Commission that the additional height is necessary to achieve effective, reliable and safe communication and that the antenna and/or tower otherwise complies with the requirements in this section.
(e)
Construction. All antennas and antenna towers shall be installed in accordance with the manufacturer's instructions for installation, as confirmed by the signed statement of a licensed engineer or the Building Inspector.
(f)
Wind pressure. All antennas and antenna towers as installed shall meet a minimum wind load design velocity of 80 miles per hour, as confirmed by the signed statement of a licensed engineer or the Building Inspector.
(g)
Electrical installations.
1.
Electrical installations in connection with 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.
2.
All cable used to conduct current or signals from the antenna to the receivers shall be installed underground unless installation site conditions preclude underground installation.
3.
If an 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 an antenna permit.
4.
All antennas shall be grounded against direct lightning strikes.
(h)
Temporary placement. No portable or trailer-mounted 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 § 17.121(5). Any person making such temporary placement shall first give written notice to the Building Inspector, or his/her designee, of the date when such placement shall begin and end.
(i)
Advertising. No form of advertising or identification, sign or mural is allowed on an antenna or antenna tower other than the customary manufacturer's identification plates.
(j)
Compliance with federal regulations. The installation and use of every antenna shall be in conformity with regulations adopted by the Federal Communications Commission and the Federal Aviation Administration.
(k)
Color. Colors and materials for antennas, towers, and their components shall be chosen to minimize visibility and to match or blend with the primary background and shall be approved by the Building Inspector as part of the application.
(l)
License requirement. An applicant for a permit for a transmitting antenna for which an FCC license is required shall possess a valid license issued by the FCC. A copy of the license shall be provided to the Building Inspector.
(m)
Protection against climbing. Every antenna tower shall be protected against unauthorized climbing or other access by the public by fencing or such other means as selected by the Building Inspector.
(7)
Regulations.
(a)
Mechanical/structural. All mechanical, structural, and moving parts of an antenna or antenna tower shall be maintained in good working order and in a safe condition.
(b)
Abandonment. All antennas and antenna towers that are unused for a period of three months or more shall be considered abandoned. An abandoned antenna or antenna tower must be removed within three months of a determination of abandonment by the Building Inspector, and the property must be restored to its original or an otherwise acceptable condition. In the event that an antenna or tower is not removed within such period of time, the abandoned antenna or tower may be removed by the Village of Mount Horeb and the costs of removal assessed against the owner.
(8)
Payment of costs. The applicant for an antenna permit or antenna tower permit shall pay all reasonable costs and expenses, including fees charged by consultants and attorneys' fees, incurred by the Village relating to any application for an antenna permit, antenna tower permit, or conditional use permit for an antenna or antenna tower. Holders of permits shall pay all reasonable costs and expenses related to establishing and enforcing compliance with antenna and antenna tower permits. Failure to pay such costs and expenses shall be grounds for denial or revocation of an antenna or antenna tower permit.
(9)
Transferability of permits. Permits for antennas and antenna towers may not be transferred to another person other than the licensee nor to a premises other than the premises listed in the permit application.
(10)
Insurance. If a person or persons other than the permit applicant will be installing an antenna or antenna tower, the permit applicant shall submit a certificate of insurance indicating that the person(s) installing antennas or antenna towers are covered by general liability insurance against personal injury and property damage claims which may arise during installation. Such insurance shall be written by a company authorized to do business in the State of Wisconsin and shall have a policy limit of not less than $500,000.
17.122 (Reserved) [1]
[1]
Editor's Note: Original § 7.122 was repealed 9-3-2003 by Ord. No. 2003-15.