Reeseville City Zoning Code
ARTICLE X
Signal Receiving Antennas; Wind Energy Systems
§ 480-70 Signal receiving antennas; radio or television towers.
[Amended 6-18-2020 by Ord. No. A-128]
Signal receiving antennas.
Purpose. This section regulating the placement of signal receiving antennas is adopted to:
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 firefighting apparatus and emergency personnel.
Permit required. No person shall, within the Village of Reeseville, build, construct, use or place any type of signal receiving antenna other than a residential satellite television antenna (dish) within a residential, commercial or industrial district until a permit shall have first been obtained from the Village Building Inspector.
Definitions. As used in this section, the following terms shall have the meaning indicated:
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.
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, communication towers, and AM, FM, ham and shortwave radio antennas, regardless of the method of mounting.
Application for permit.
Application for a signal receiving antenna permit shall be made, in writing, to the Village Clerk-Treasurer. With such application, there shall be submitted a fee as prescribed in the schedule of fees (administrative permit) for building inspection services and a sufficient set of mounting plans and specifications, including a general plan showing the location of the proposed signal receiving antenna with respect to streets, lot lines and buildings.
Prior to the issuance of a permit for the installation of a signal receiving antenna, all owners of residential 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.
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 Village Board.
Installation standards. Signal receiving antennas installed in a residential, commercial or industrial zoning district within the Village shall comply with the following provisions:
Setbacks.
Any signal receiving antenna and its mounting post shall be located a minimum of 15 feet from any property line.
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.
If side yard, front yard or roof mounting is requested, the Village Building Inspector shall determine where reasonable reception is possible, based on evidence provided by the person seeking to erect or construct the antenna.
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 Village Building Inspector may require engineering calculations.
Diameter. The diameter of signal receiving antenna shall not exceed 3 feet, except for systems used to provide community antenna television services.
Height.
A ground-mounted signal receiving antenna, including any platform or structure upon which said antenna is mounted or affixed, may not exceed 10 feet in height, as measured from the ground to the highest point of the antenna.
A roof-mounted antenna may not exceed eight feet in height above the surrounding roofline as measured from the lowest point of the existing roofline.
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 underground installation. 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 Village Clerk-Treasurer/Building Inspector of the dates 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.
Aesthetic considerations. Signal receiving antennas shall be located and designed to reasonably reduce visual impact from surrounding properties at street level.
Color. The color of any satellite dish shall be such that it blends into its surroundings and shall be approved by the Village Clerk-Treasurer/Building Inspector as part of the application.
Variances. Requests for variances from the standards established by this section may be made to the Village Board.
Enforcement.
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 Clerk-Treasurer/Building Inspector, 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]
Radio or television antenna towers.
A building permit shall be required and follow the rules/procedures set forth in Subsection A(4) of this section.
No radio or television antenna tower shall be erected or installed within the front yard or side yard. The rear setback and the side setback in rear yards shall be that for the principal structure within the respective zoning district. The exact location of the antenna tower shall be subject to approval by the Village Building Inspector.
No radio or television tower shall exceed a height of 20 feet above the roofline of the building on the property upon which the antenna is located or 60 feet above the ground measured at grade level, whichever is the minimum. However, a greater height may be approved by the Village Board if needed to secure an adequate signal.
Radio or television antenna towers shall be erected and installed in accordance with the Wisconsin State Electrical Code, National Electrical Safety Code, Federal Communications Commission and the instructions of the manufacturer; in cases of conflict, the stricter requirements shall govern.
§ 480-71 Conditional use permits required: wind energy systems.
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.
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.
Basis of approval. The Village Board shall base its 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.
Definitions. "Wind energy systems" shall mean windmills which are used to produce electrical or mechanical power.
§ 480-72 Permit procedure: wind energy systems.
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:
The name and address of the applicant.
The address of the property on which the system will be located.
Applications for the erection of a wind energy system shall be accompanied by a plat or survey 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 plat or survey 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.
An accurate and complete written description of the use for which conditional use is being requested, including pertinent statistics and operational characteristics.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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, etc., if applicable.
Any other information which the Village Board or Zoning Administrator may deem to be necessary to the proper review of the application.
The Zoning Administrator shall review the application and, if the application is complete and contains all required information, shall refer it to the Village Board.
Hearing. Upon referral of the application, the Village Board shall schedule a public hearing thereof as soon as practical and the Village Board shall notice said hearing as deemed appropriate.
Determination. Following public hearing and necessary study and investigation, the Village Board shall, as soon as practical, render its decision, and a copy shall be made a permanent part of the Board's minutes. Such decision shall include an accurate description of the conditional use permitted, of the property on which permitted, and any and all conditions made applicable thereto or, if disapproved, shall indicate the reasons for disapproval. The Village Board may impose any conditions or exemptions necessary to minimize any burden on the persons affected by granting the conditional use permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Termination. When a conditional 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 causes it to be no longer compatible with surrounding areas, or for similar cause based upon consideration for the public welfare, the conditional use may be terminated by action of the Village Board following a public hearing thereon.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Changes. Subsequent change or addition to the approved plans or use shall first be submitted for approval to the Village Board and if, in the opinion of the Board, such change or addition constitutes a substantial alteration, a public hearing before the Village Board shall be required and notice thereof be given.
Approval does not waive permit requirements. The approval of a permit under this article shall not be construed to waive the requirement to obtain electrical, building or plumbing permits prior to installation of any system.
§ 480-73 Specific requirements regarding wind energy systems.
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.[1]
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.
Noise. The maximum level of noise permitted to be generated by a wind energy system shall be 50 decibels, as measured on a dB(A) scale, measured at the lot line.
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.
Location and height. Wind energy systems shall be located in the rear yard only and shall meet all setback and yard requirements for the district in which they are located and, in addition, shall be located not closer to a property boundary than a distance equal to their height. Wind energy 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 airspace and subject to FAA restrictions. A copy of any FAA restrictions imposed shall be included as a part of the wind energy system conditional use permit application.
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 voltages.
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.