Village of Luck, WI Article IX Satellite Earth Stations; Antenna Towers; Wind Energy Systems

§ 620-72 Satellite earth stations.

A. Permit required. No owner shall, within the Village, build, construct, use or place any type of satellite earth station until a permit shall have first been obtained from the Clerk-Treasurer. This section shall not apply to satellite earth stations with a diameter of three feet or less.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Definitions. For purposes of this section, the following terms shall have the meanings indicated:

OWNER

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.

SATELLITE TELEVISION DISH OR EARTH STATION

An apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit. They are also commonly referred to as "disks," "satellite communications systems" or "home earth stations."

C. Application. Application for a satellite earth station permit shall be made in writing to the Clerk-Treasurer. With such application, there shall be submitted a fee set by the Village Board and a complete set of plans and specifications, including a plot plan showing the location of the proposed satellite earth station with respect to adjoining alleys, lot lines and buildings. If such application meets all requirements of this section, the application shall be approved.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Installation restrictions. Satellite earth stations installed in any zoning district within the Village shall comply with the following provisions:

(1) Number of units. Not more than one satellite earth station may be allowed per individual recorded lot, except that additional stations may be permitted upon application for a variance in nonresidential zones.

(2) Location and setbacks.

(a) Any satellite dish mounting post shall only be located in the rear yard of a residential lot and at least 15 feet from any property line. Placement of a satellite dish in a business or industrial district shall not be allowed unless a conditional use permit is granted by the Village Board.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(b) If the dish cannot receive a usable satellite signal in the rear yard of any residential lot but can receive such a signal while located in a side yard, it may be located only in a side yard after receiving approval from the Village Board. For corner lots, a side yard is only a yard that does not face a street.

(c) No dish shall be placed in the front yard of any residential, business or industrial lot in the Village.

(d) The Village Board shall determine whether a signal constitutes a usable satellite signal, based on evidence provided by the person seeking a permit to erect or construct the dish.

(3) Mounting. Satellite earth stations located in agricultural or residential districts shall be ground-mounted only. Satellite earth stations may be wall- or roof-mounted in business or industrial districts only. Satellite earth stations attached to the wall or roof of any principal or accessory structure shall be subject to the structure being constructed to carry all imposed loading. The Building Inspector may require engineering calculations.

(4) Diameter. The diameter of the satellite television dish shall not exceed 10 feet for the ground-mounted dish and six feet for the roof-mounted dish, except for stations used to provide community antenna television services.

(5) Height.

(a) A ground-mounted satellite dish may not exceed 10 feet in height, as measured from the ground to the highest point of the dish.

(b) A roof-mounted satellite dish may not exceed eight feet in height above the surrounding roofline as measured from the lowest point of the existing roofline.

(6) Wind pressure. All satellite earth stations 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.

(7) Electrical installations. Electrical installations in connection with earth satellite receiving stations, 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 satellite earth station to the receivers shall be installed underground unless installation site conditions preclude underground. If a satellite earth station 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 satellite earth stations shall be grounded against direct lightning strikes.

(8) Temporary placement. No portable or trailer-mounted satellite earth station 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 give written notice to the Building Inspector of the date when such placement shall begin and end.

(9) Advertising. No form of advertising or identification, sign or mural is allowed on the dish or framework other than the customary manufacturer's identification plates.

(10) Interference with broadcasting. Satellite earth stations 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 satellite earth station shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

(11) Compliance with federal regulations. The installation and use of every satellite earth station shall be in conformity with the Federal Cable Communications Policy Act of 1984 and regulations adopted thereunder.

(12) Color. The color of any satellite dish shall be such that it blends into its surroundings and shall be approved by the Village Board as part of the application.

E. Variances. Requests for variances from the standards established by this section may be made to the Zoning Board of Appeals pursuant to § 620-108 of this chapter.

F. Enforcement.

(1) It shall be unlawful to construct, use, build or locate any satellite television dish 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.

(2) 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 § 1-4 of this Code.

§ 620-73 Radio or television antenna towers.

A. 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 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.

§ 620-74 Wind energy systems.

A. Conditional use permit required.

(1) 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.

(2) 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 system, structures, use and property described in the permit.

(3) 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.

(4) Fees. The Village Board shall, by resolution, establish fees for the processing and issuance of conditional use permits under this section.

(5) Definition. "Wind energy systems" shall mean windmills which are used to produce electrical or mechanical power.

B. Permit procedure.

(1) Application. The permit application for a wind energy system shall be made to the Clerk-Treasurer on forms provided by the Village.[1]

(a) 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] An accurate and complete written description of the use for which special grant is being requested, including pertinent statistics and operational characteristics.

[4] 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.

[5] Any other information which the Village Board or Clerk-Treasurer may deem to be necessary to the proper review of the application.

(b) Application for the erection of a wind energy conversion system shall be accompanied by a plat or survey of 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.

(c) 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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) 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.

(3) 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.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(4) 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.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(5) 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.

(6) 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.

C. Specific requirements regarding wind energy systems.

(1) 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 subsection in addition to those found elsewhere in this section.[4]

[4] Editor's Note: Original Sec. 10-1-134(b), Application, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Subsection B(1)(b) of this section.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

D. Severability. In the event that any article, section, subsection, subdivision, paragraph, sentence, clause or phrase of this section is declared by the courts to be unconstitutional, invalid, or ineffective or is found to conflict with Wisconsin law or rules regarding wind energy systems, the same shall not affect the validity of this regulation as a whole or any part thereof other than the part so declared to be unconstitutional, invalid, or ineffective or found to conflict with Wisconsin law or rules regarding wind energy systems. The Village Board hereby declares that it would have passed each article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more articles, sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective or be found to conflict with Wisconsin law or rules regarding wind energy systems.[5]

[5] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).