Orfordville Village
City Zoning Code

Provide uniform regulation of all signal receiving antenna devices;

Secure placement of such antennas in an aesthetically sensitive manner while allowing users reasonable reception of signals;

Protect the public from injury from antennas that are inadequately mounted, unduly susceptible to wind pressure, improperly installed and wired, or placed on structures insufficiently designed or constructed to safely support the antenna; and

Provide for placement of such antennas in locations that preserve access to rear property areas by fire-fighting apparatus and emergency personnel.

Setbacks.

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.

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.

Height.

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 miles per hour.

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.

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.

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.

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.

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.

Aesthetic considerations. Signal receiving antennas shall be located and designed to reasonably reduce visual impact from surrounding properties at street level.

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.

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 Chapter 1, General Provisions, § 1-5.

Permit procedure. The Zoning Administrator is herein delegated the responsibility to issue solar access permits. The Zoning Administrator shall determine if an application is satisfactorily completed and shall notify the applicant of his determination. If an applicant receives notice that an application has been satisfactorily completed, the applicant shall deliver, by certified mail or by hand, a notice to the owner of any property which the applicant proposes to be restricted by the permit under this section. The applicant shall submit to the Plan Commission a copy of a signed receipt for every notice delivered under this section. The Village shall supply the notice form. The information on the form may include, without limitation because of enumeration:

Hearing. Within 30 days after receipt of the notice, any person who has received a notice may file a request for a hearing on the granting of a permit or the Plan Commission may determine that a hearing is necessary even if no such request is filed. If a request is filed or if the Plan Commission determines that a hearing is necessary, the Plan Commission shall conduct a hearing on the application within 90 days after the last notice is delivered. At least 30 days prior to the hearing date, the Commission shall notify the applicant, all notified owners and any other person filing a request of the time and place of the hearing.

Permit grant. The Zoning Administrator shall grant a permit if it is determined that:

Conditional approval. The Zoning Administrator may grant a permit subject to any condition or exemption he deems necessary to minimize the possibility that the future development of nearby property will create an impermissible interference or to minimize any other burden on any person affected by granting the permit. Such conditions or exemptions include but are not limited to restrictions on the location of the collector and requirements for the compensation of persons affected by the granting of the permit.

Record of permit. If the Zoning Administrator grants a permit; the Zoning Administrator shall specify the property restricted by the permit and shall prepare notice of the granting of the permit. The notice shall include the identification required under § 706.05(2)(c), Wis. Stats., for the owner and the property upon which the solar collector is or will be located and for any owner and property restricted by the permit and shall indicate that the property may not be developed and vegetation may not be planted on the property so as to create an impermissible interference with the solar collector which is the subject of the permit unless the permit affecting the property is terminated or unless an agreement affecting the property is filed.

The building permit was applied for prior to receipt of a notice or the Plan Commission determines not to grant a permit after a hearing.

A permit affecting the property is terminated.

An agreement affecting the property is filed.

Any right protected by a permit under this section shall terminate if the Plan Commission determines that the solar collector which is the subject of the permit is:

The Plan Commission shall give the permit holder written notice and an opportunity for a hearing on a proposed termination.

If the Plan Commission terminates a permit, the Commission may charge the permit holder for the cost of recording and record a notice of termination with the Village Clerk-Treasurer, who shall record the notice or indicate on any notice recorded that the permit has been terminated.

This section may not be construed to require that an owner obtain a permit prior to installing a solar collector.

This section may not be construed to mean that acquisition of any renewable energy easement under § 700.35, Wis. Stats., is in any way contingent upon the granting of a permit under this section.

The Zoning Administrator and/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 solar energy system has been constructed to inspect all parts of said solar energy system 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.

An inspection at a fee as set by the Village Board, if requested by the owner, may be made by the Zoning Administrator to certify the safety and maintenance of the solar energy system and accessory structures.

A zoning permit shall be obtained from the Plan Commission to allow construction of a WECS.

A WECS permit shall be obtained from the Village Zoning Administrator for the construction of all WECS.

The property lines of the proposed site of construction.

Proposed location of the WECS.

Location and description of all structures located on the property where the WECS site is proposed.

Location of all aboveground utility lines within a radius equal to two times the height of the proposed WECS.

Location of all underground utility lines on the property where a WECS site is proposed.

Dimensional representation of the structural components of the tower construction, including the base and footings.

Schematic of electrical systems associated with the WECS, including all existing and proposed electrical connections.

Manufacturer's specifications and installation and operation instructions or specific WECS design information.

Certification by a registered professional engineer that the tower design is sufficient to withstand wind load requirements for structures as defined by the Uniform Building Code.

No WECS shall be constructed in any setback, dedicated easement, or dedicated roadway.

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.

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.

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.

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.

Any WECS 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 the Village of Orfordville Code.[1]