A.
No radio or television antenna tower shall be erected
or installed within the street 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 Board.
B.
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.
C.
Radio or television antenna towers shall be erected
and installed in accordance with the Wisconsin State Electrical Code,
National Electrical Safety Code and the instructions of the manufacturer.
In cases of conflict, the stricter requirements shall govern.
A.
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.
B.
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.
C.
Basis of approval. The Village Board shall base its
determination 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.
Fees. The Village Board shall, by resolution, establish
fees for the processing and issuance of conditional use permits under
this section.
E.
Definition. "Wind energy system" shall mean windmills
which are used to produce electrical power.
A.
Application. The permit application for a wind energy
system shall be made to the Clerk-Treasurer or Building Inspector
on forms provided by the Village.
(1)
The application shall include the following information:
(a)
The name and address of the applicant.
(b)
The address of the property on which the system will be located.
(c)
An accurate and complete written description of the use for which
the special grant is being requested, including pertinent statistics
and operational characteristics.
(d)
Plans and other drawings showing the 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.
(e)
Any other information which the Village Board or Clerk-Treasurer
may deem to be necessary to the proper review of the application.
(2)
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 provide assurances as to the safety
features of the system. Energy easements shall accompany the application.
(3)
The Clerk-Treasurer 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 as soon as practical,
and the Village Board shall notice said hearing as deemed appropriate.
C.
Determination. Following public hearing and necessary
study and investigation, the Village Board shall, as soon as practical,
render its decision in writing 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.[1]
D.
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
special grant may be terminated by action of the Village Board following
a public hearing thereon.[2]
E.
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 shall be given.
F.
Approval does not waive permit requirements. The approval
of a permit under this section shall not be construed to waive the
requirement to obtain electrical, building or plumbing permits prior
to installation of any system.
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 elsewhere in this article.
B.
Application. Applications for the erection of a wind
energy conversion system shall be accompanied by a plat of 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 of 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 provide assurances
as to the safety features of the system. Energy easements shall accompany
the application.
C.
Construction. 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 dB(A) scale, measured at the lot line.
E.
Electromagnetic interference. Wind energy conversion
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 conversion system shall promptly take steps to eliminate the
harmful interference in accordance with Federal Communications Commission
regulations.
F.
Location and height. Wind energy conversion 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 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 FAA restrictions. A copy of any FAA 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 said interface. Copies
of comments by the appropriate utility company shall accompany and
be part of the application for a conditional use permit.