(a)

Purpose. This section regulating the placement of signal receiving antennas and satellite dishes over one meter in diameter is adopted to:

(1)

Provide uniform regulation of all signal receiving antenna devices for private residences;

(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 required. No owner shall, within the village, build, construct, use or place any type of signal receiving antenna or satellite dish in excess of one meter in diameter for a private residence until a permit shall have first been obtained from the zoning administrator.

(c)

Definition. For purposes of this section, the term "signal receiving antenna" is defined as any outdoor 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 over one meter in diameter; UHF and VHF television antennas; and AM, FM, ham and short-wave radio antennas, regardless of the method of mounting.

(d)

Application for permit. Application for a signal receiving antenna permit shall be made in writing to the zoning administrator. With such application, there shall be submitted payment of an antenna permit fee as specified in section 133-45. The applicant shall submit three sets 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 village shall comply with the following:

(1)

Setbacks.

a.

Any signal receiving antenna and its mounting post shall be located a minimum of three feet from any property line. The purpose of this setback is to protect the aesthetics of the area and to preserve adequate access for emergency equipment and personnel;

b.

Subject to this chapter, 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 a structure 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 12 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 15 feet in height, as measured from the ground to the highest point of the dish;

b.

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.

(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. If a conflict occurs, the more strict 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 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. There shall be no permit fee for temporary placement.

(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 or shielded so as to prevent the emission or reflection of an electromagnetic radiation that would cause any harmful interference with the radio and 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 comply with federal, state and local regulations.

(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 this section. If any violation occurs, 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.

(2)

Any person who fails to comply with this section shall, upon conviction, be subject to the general penalty found in section 1-32.

(Code 1998, § 106-1036; Ord. No. 97-11, § 13-1-130, 11-3-1997)

(a)

Approval required. No owner shall, within the village, build, construct, use, or place any type or kind of wind or solar energy system without holding the appropriate conditional use permit for such system. Building-mounted solar energy systems that are permanently attached to the building and do not exceed the maximum building height allowed in the zoning district in which they are located are considered part of the structure and are not required to obtain a conditional use permit.

(b)

Separate permit required for each system. A separate conditional use permit shall be required for each system. Such permit shall be applicable solely to the systems, structures, use, and property described in the permit.

(c)

Basis of approval. The village board and plan commission shall base their 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.

(d)

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Solar energy system means equipment that directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy.

Wind energy system means equipment that converts and then stores or transfers energy from the wind into usable forms of energy.

(Code 1998, § 106-1037; Ord. No. 97-11, § 13-1-131, 11-3-1997; Ord. No. 09-06, § 2, 7-20-2009)

(a)

Application. The permit application for wind and solar energy systems shall be made to the zoning administrator on forms provided by the village. The application shall include the following information:

(1)

The name and address of the applicant;

(2)

The address of the property on which the system will be located;

(3)

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 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;

(4)

An accurate and complete written description of the use for which special grant is being requested, including pertinent statistics and operational characteristics;

(5)

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;

(6)

Any other information that the zoning administrator, village board or building inspector 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.

(b)

Hearing. Upon referral of the application, the village board shall schedule a public hearing thereof following the procedures for conditional use permits in article V of this chapter.

(c)

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 special use permitted, of the property on which it is 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 special use permit.

(d)

Termination. When a special 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 cause it to be no longer compatible with surrounding areas or for similar cause based upon consideration for the public welfare, the special grant may be terminated by action of the village board following a public hearing thereon.

(e)

Changes in plans or use. 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.

(f)

Additional 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.

(Code 1998, § 106-1038; Ord. No. 97-11, § 13-1-132, 11-3-1997; Ord. No. 09-06, §§ 3, 4, 7-20-2009)

(a)

Additional standards. Wind energy conversion 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 in other sections of this article.

(b)

Application for erection of system. Applications for the erection of a wind energy conversion 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 conversion 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 shall provide assurances as to the safety features of the system. Energy easements shall accompany the application.

(c)

Construction standards. Wind energy conversion 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.

(d)

Noise. The maximum level of noise permitted to be generated by a wind energy conversion system shall be 50 decibels, as measured on a dBA scale, measured at the lot line.

(e)

Electromagnetic interference. Wind energy conversion system generators and alternators shall be filtered or shielded so as to prevent the emission of radio-frequency energy that would cause any harmful interference with radio and television broadcasting or reception. If harmful interference is caused subsequent to the granting of a conditional use permit, the operator of the wind energy conversion system shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

(f)

Location and height. A wind energy conversion system shall be located in the rear yard only, except as allowed under subsection 133-1101(c), and shall meet all setback and yard requirements for the zoning district in which it is located and, in addition, shall be located not closer to a property boundary than a distance equal to its height. Wind energy conversion 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 air space and subject to Federal Aviation Administration restrictions. A copy of any Federal Aviation Administration restrictions imposed shall be included as a part of the wind energy conversion system conditional use permit application.

(g)

Fence required. All wind energy conversion 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.

(h)

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 such interface. Copies of comments by the appropriate utility company shall accompany and be part of the application for a conditional use permit.

(Code 1998, § 106-1039; Ord. No. 97-11, § 13-1-133, 11-3-1997; Ord. No. 09-06, § 6, 7-20-2009)

(a)

Setbacks.

(1)

Any solar energy system and its mounting posts shall be located a minimum of three feet from any property line. The purpose of this setback is to protect the aesthetics of the area and to preserve adequate access for emergency equipment and personnel;

(2)

Except as provided in this subsection, solar energy systems shall only be located in the rear yard of any lot. If reasonable solar energy generation is not possible with rear yard placement due to the physical characteristics of the lot and area, a solar energy system may 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. If side yard placement of a solar energy system is requested, the zoning administrator shall determine where energy generation is possible, based on evidence provided by the person seeking to erect or construct the antenna.

(b)

Height.

(1)

In residential zoning districts, a ground-mounted solar energy system, including any platform or structure upon which such antenna is mounted or affixed, may not exceed 15 feet in height, as measured from the ground to the highest point of the structure;

(2)

In residential zoning districts, roof-mounted solar energy systems may not exceed eight feet in height above the surrounding roofline as measured from the lowest point of the existing roofline.

(Code 1998, § 106-1040; Ord. No. 09-06, § 7, 7-20-2009)