This division regulating the placement of signal receiving antennas 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.

(Code 1994, § 13-1-180(a))

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, 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. This definition 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 shortwave radio antennas, regardless of the method of mounting.

(Code 1994, § 13-1-180(c))

Cross reference— Definitions generally, § 1-2.

(a)

It shall be unlawful to construct, use, build or locate any signal receiving antenna in violation of any provisions of this division. 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 division.

(b)

Any person who fails to comply with the provisions of this division shall, upon conviction, be subject to section 1-11.

(Code 1994, § 13-1-180(f))

(a)

Required. 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 building inspector.

(b)

Application. Application for a signal receiving antenna permit shall be made in writing to the building inspector. With such application, there shall be submitted a fee as set by the city council from time to time 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 division, the application shall be approved.

(Code 1994, § 13-1-180(b), (d); Amd. of 10-2-2012)

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 three feet from any property line.

b.

Subject to the provisions in this division, 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. If 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 building inspector 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 building inspector 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.

a.

A ground-mounted signal receiving antenna, including any platform or structure upon which such antenna is mounted or affixed, may not exceed 35 feet or within falling distance of power lines, whichever is less in height, as measured from the ground to the highest point of the dish.

b.

A roof-mounted antenna may not exceed 15 feet in height above the surrounding roofline as measured from the lowest point of the existing roofline.

(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 Wisconsin Administrative 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 lightning 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 division. Failure to comply shall result in a citation being issued for violation of this division. Any person making such temporary placement shall first give written notice to the building inspector 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 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. If 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.

(Code 1994, § 13-1-180(e))

For the safety of the general public, the city shall determine the location, size, construction and number of access points to public roadways within the city limits. It is the city's intent to provide safe access to properties abutting public roadways suitable for the property to be developed to its highest and best use, provided that access is not deficient or dangerous to the general public.

(Code 1994, § 6-3-1(a))

(a)

Required to construct, reconstruct, alter or enlarge. No person shall construct, reconstruct, alter or enlarge any private driveway within the limits of the dedicated portion of any public street under the control and jurisdiction of the city without first obtaining a permit therefor as provided by this article.

(b)

Application. Application for such permit shall be made to the common council designee on a form provided by the city and shall be accompanied by a drawing accurately depicting the portion of the proposed private driveway to be constructed, reconstructed, altered or enlarged lying within the dedicated portion of the public street, the dimensions thereof and a statement of the materials proposed to be used. The applicant shall pay a fee of $25.00. Upon receipt of the application and the fee if required, unless the proposed private driveway is a part of construction for a building or other structure for which a building permit has been applied for, in which case no additional fee is required, the city council designee may approve such application if the proposed driveway complies with the terms and conditions of this division and any other applicable ordinance.

(c)

Contents of application. All driveway permit applications shall contain the applicant's statement that:

(1)

The applicant represents all parties in interest, and that such proposed driveway is for the bona fide purpose of securing access to his property and not for the purpose of parking or servicing vehicles, advertising, storage or merchandising of goods within the dedicated portion of the city street, or for any other purpose.

(2)

The city, notwithstanding the construction of such driveway, reserves the right to make any changes, additions, repairs or relocations within the dedicated portion of the city street at any time, including relocation, reconstruction, widening and maintaining the street without compensating the owner of such private driveway for the damage or destruction of such private roadway.

(3)

The permittee, his successors or assigns, agrees to indemnify and hold harmless the city, its officials, officers, agents or employees, against any claim or any cause of action for personal injury or property damage sustained by reason of the exercise of such permit.

(4)

The city does not assume any responsibility for the removal or clearance of snow, ice or sleet or the opening of any windrows of such material upon such portion of such driveway within the dedicated portion of the city street.

(d)

Appeal from permit refusal. Any person feeling himself aggrieved by the refusal of the common council designee to issue a permit for a private driveway may appeal such refusal to the common council within 20 days after such refusal to issue such permit is made.

(Code 1994, § 6-3-1(b)—(d); Amd. of 8-1-2023(1))

The location, design and construction of driveways shall be in accordance with the following:

(1)

General design. Private driveways shall be of such width and so located that all of such driveways and their appurtenances are within the limits of the frontage abutting the street of the property served. Driveways shall not provide direct ingress or egress to or from any street intersection area and shall not encroach upon or occupy areas of the street right-of-way required for effective traffic control or for street signs or signals. A driveway shall be so located and constructed that vehicles approaching or using it shall have adequate sight distance along the street. Driveway approaches shall be at least ten feet apart except by special permission from the common council, and driveways shall in all cases be placed wherever possible as not to interfere with utilities in place. No residential driveway shall exceed 24 feet in width at the outer or street edge of the sidewalk unless special permission is obtained from the common council.

(2)

Number. The number of driveways to serve an individual property fronting on a street shall be one, except where deemed necessary and feasible by the common council for reasonable and adequate service to the property, considering the safety, convenience and utility of the street.

(3)

Island area. The island area in the street right-of-way between successive driveways or adjoining a driveway and between the highway shoulder and right-of-way shall constitute a restricted area and may be filled in and graded only as provided in subsection (7) of this section. Where the public sidewalk is adjacent to the curb, an island of a minimum length of six feet measured along the curbline shall be placed between each entrance to a city street. The curb shall be left intact for the length of this island. Where the public sidewalk is remote from the curb, an island of a minimum length of ten feet measured along the right-of-way line shall be maintained along each entrance to the city street. All flares shall be tangent to the curbline. A curb length of not less than three feet shall be left undisturbed adjacent to each property line to serve as an island area in the event an adjoining property owner applies for a driveway permit to serve his property.

(4)

Drainage. The surface of the driveway connecting with street cross sections shall slope downward and away from the highway shoulder a sufficient distance to preclude ordinary surface water drainage flowing onto the street roadbed. No driveway apron shall extend out into the street further than the face of the curb, and under no circumstances shall such driveway apron extend into the gutter area. All driveway entrances and approaches shall be so constructed that they shall not interfere with the drainage of streets, side ditches, roadside areas or with any existing structure on the right-of-way.

(5)

Culverts. Driveways shall not obstruct or impair drainage in street ditches or roadside areas. Driveway culverts, where required by the common council designee, shall be adequate for surface water drainage along the street and shall not be less than the equivalent of a 12-inch diameter pipe. When required by the common council designee to provide for adequate surface water drainage along the street, the property owner shall provide any necessary culvert pipe at his own expense. The distance between culverts under successive driveways shall not be less than ten feet except as such restricted area is permitted to be filled in pursuant to the provisions of subsection (7) of this section.

(6)

Reconstruction of sidewalks and curb and gutter. When the construction of a driveway requires the removal of a curb or gutter, the new connections shall be of equivalent acceptable material, and curb returns shall be provided or restored in a neat, workmanlike manner. The driveway surface shall be connected with the highway pavement and the sidewalk, if any, in a neat, workmanlike manner. The driveway construction shall include the replacement of such sidewalk areas which are inadequate or which are or may be damaged by means of vehicle travel across the sidewalk. All driveway entrances and approaches which are constructed across sidewalks shall be paved in accordance with the requirements for sidewalk construction in section 62-47 insofar as such requirements are applicable, including thickness requirements. Standard thickness of residential driveway approaches will be six inches thick.

(7)

Restricted areas. The restricted area between successive driveways may be filled in and graded only when the following requirements are complied with:

a.

The filling or grading shall be to grades approved by the common council designee and, except where highway drainage is by means of curb and gutter, water drainage of the area shall be directed away from the street roadbed in a suitable manner.

b.

Culvert extensions under the restricted area shall be of the same size and of equivalent acceptable material as the culvert under the driveway. Intermediate manholes adequate for cleanout purposes may be required where the total culvert length is excessive.

c.

Where no street side ditch separates the restricted area from the street roadbed, permanent provision may be required to separate the area from the street roadbed to prevent its use for driveway or parking purposes by construction of a border, curb, rail or posts as may be required by the common council.

(8)

Relocation of utilities. Any costs of relocating utilities shall be the responsibility of the property owner with approval of the common council necessary before any utility may be relocated and the driveway installed.

(9)

Construction across sidewalks. All driveway entrances and approaches which are constructed across sidewalks shall be paved in accordance with the requirements for sidewalk construction in section 62-47 insofar as such requirements are applicable, including thickness requirements.

(10)

Variances. Any of the requirements of this section may be varied by the common council in such instances where the peculiar nature of the property or the design of the street may make the rigid adherence to the above requirements impossible or impractical.

(Code 1994, § 6-3-2(a))

The following regulations are applicable to driveways serving residential property:

(1)

Width. Unless special permission is first received from the common council, or committee thereof, a residential single-type driveway shall be no greater than 24 feet wide at the curbline and 18 feet wide at the outer or street edge of the sidewalk; residential double-type driveways shall be no greater than 24 feet wide at the curbline and 18 feet wide at the outer or street edge of the sidewalk.

(2)

Angular placement. The centerline of the drive may be parallel to the property line of the lot where access is required or at right angles to the curbline.

(Code 1994, § 6-3-2(c))

The following regulations are applicable to driveways serving commercial or industrial establishments:

(1)

Width of drive. No part of a private driveway located within the dedicated area of a public street shall, except as provided in this division, have a width greater than 24 feet measured at right angles to the centerline of such driveway, except as increased by permissible radii. In instances where the nature of the commercial or industrial activity or the physical characteristics of the land would require a driveway of greater width than specified in this division, the common council in its discretion may permit a driveway of additional width.

(2)

Angular placement of driveway. The angle between the centerline of the driveway and the curbline shall not be less than 45 degrees.

(Code 1994, § 6-3-2(b))

(a)

No person shall place, construct, locate in, or cause to be placed, constructed or located in, any obstruction or structure within the limits of any public road, highway or street in the city except as permitted by this section. As used in this section the term "structure" includes private driveways, a portion of which extends into any public road, highway or street, and which is in nonconformance with this chapter.

(b)

No driveway shall be closer than 15 feet to the extended street line at an intersection. At street intersections a driveway shall not provide direct ingress or egress to or from the street intersection area and shall not occupy areas of the roadway deemed necessary by the city for effective traffic control or for highway signs or signals.

(c)

The grade of that portion of any private driveway or pedestrian path located within the limits of any public road, highway or street shall be such as shall meet the grade of the existing public roadway at its edge and not cause an obstruction to the maintenance or clearing of such public roadway.

(d)

No driveway apron shall extend out into the street further than the facing of the curb and under no circumstances shall such driveway apron extend into any gutter area. All driveway entrances and approaches shall be constructed as not to interfere with the drainage of streets, side ditches or roadside areas or with any existing structure on the right-of-way.

(e)

No portion of any curb, parapet or retaining wall, rising above the grade of the driveway, erected by the owner of the premises involved shall extend beyond the culvert spanning the watercourse located in such public way.

(Code 1994, § 6-3-2(e))

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

(Code 1994, § 13-1-181(a))

(a)

A zoning permit shall be obtained from the plan commission to allow construction of a WECS.

(b)

A WECS permit shall be obtained from the building inspector for the construction of all WECS.

(Code 1994, § 13-1-181(b))

An application for a permit to build a wind energy conversion 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 above ground 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 windload requirements for such structure as defined by the Wisconsin Administrative Code.

(Code 1994, § 13-1-181(c))

Tower construction shall be in accordance with all applicable sections of the state building code including, but not limited to, Wis. Admin. Code §§ ILHR 50.12, 53.10, 53.12, 62.37, 62.38, 62.39, 62.40, 62.41 [sic], and any future amendments, additions and/or revisions to the same.

(Code 1994, § 13-1-181(f))

(a)

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.

(b)

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.

(c)

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 deenergized electrical distribution system.

(d)

Any WECS declared to be unsafe by the building inspector by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is 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.

(Code 1994, § 13-1-181(l))

The minimum distance between the ground and any protruding blades 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 oversized vehicles might travel.

(Code 1994, § 13-1-181(d))

Access to towers shall be controlled by fences six feet in height around the tower and anticlimbing 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.

(Code 1994, § 13-1-181(e))

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 public service commission.

(Code 1994, § 13-1-181(g))

All WECS electrical distribution lines shall be located underground.

(Code 1994, § 13-1-181(k))

(a)

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

(b)

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.

(Code 1994, § 13-1-181(h))

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

(Code 1994, § 13-1-181(i))

No WECS shall be installed or operated in such a manner that is not in compliance with Federal Aviation Administration regulations.

(Code 1994, § 13-1-181(j))

The building inspector 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 such 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.

(Code 1994, § 13-1-181(m))

A yearly inspection at a fee to be determined from time to time by resolution of the common council shall be made by the building inspector to certify the safety and maintenance of the WECS and accessory structures.

(Code 1994, § 13-1-181(n))