A.Â
Purpose. This section regulating the placement of signal-receiving
antennas (including satellite dishes) is adopted to:
(1)Â
Provide uniform regulation of all signal-receiving antenna devices;
(2)Â
Secure placement of such antennas in an aesthetically sensitive manner
while allowing users reasonable reception of signals;
(3)Â
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)Â
Provide for placement of such antennas in locations that preserve
access to rear property areas by firefighting apparatus and emergency
personnel.
B.Â
Permit required. No owner shall, within the City of Brodhead, build,
construct, use or place any type of signal-receiving antenna until
a permit shall have first been obtained from the Zoning Administrator.
C.Â
OWNER
SIGNAL-RECEIVING ANTENNA
Definitions. As used in this section, the following terms shall have
the meanings 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, UHF and VHF television antennas, and AM, FM, ham
and shortwave radio antennas, regardless of the method of mounting.
Excluded are digital receiving dishes less than 20 inches in diameter.
D.Â
Application. Application for a signal-receiving antenna permit shall
be made in writing to the Zoning Administrator. With such application,
there shall be submitted a fee, as set by resolution of the Common
Council, 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 section, the application
shall be approved.[1]
E.Â
Installation standards. Signal-receiving antennas installed in any
zoning district within the City shall comply with the following provisions:
(1)Â
Setbacks. No portion of a ground-mounted satellite antenna shall
be located:
(a)Â
In front of a house or principal structure, or between any house
or principal structure and a public street adjoining the lot on which
such house or principal structure is located.
(b)Â
Closer than 15 feet to any public street or closer than eight
feet to any rear or side property lines, except that more restrictive
standards for a particular zoning district shall apply in the event
of a conflict with these dimensions.
(c)Â
In the case of a corner lot, no satellite antenna shall be located
in the side yard so as to project beyond the front yard (existing
or required) on the adjacent lot.
(2)Â
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)Â
Diameter. The diameter of the signal-receiving antenna shall not
exceed 15 feet in diameter for commercial uses or 10 feet in diameter
for residential uses, except for systems used to provide community
antenna television services.
(4)Â
Height.
(a)Â
A ground-mounted signal-receiving antenna, including any platform
or structure upon which said antenna is mounted or affixed, may not
exceed 18 feet in height, as measured from the ground to the highest
point of the dish.
(b)Â
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)Â
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)Â
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. 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)Â
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 Zoning
Administrator of the date when such placement shall begin and end.
(8)Â
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)Â
Interference with broadcasting. Signal-receiving antennas shall be
filtered and/or shielded so as 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. 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.
(10)Â
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)Â
Aesthetic considerations. Signal-receiving antennas shall be
located and designed to reasonably reduce visual impact from surrounding
properties at street level.
F.Â
Enforcement.
(1)Â
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 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 section.
[Amended 4-13-2009[1]]
A.Â
WIND ENERGY SYSTEM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Unless otherwise defined in Ch. PSC 128, Wis. Adm. Code,
or § 66.0401, Wis. Stats., equipment and associated facilities
that convert and then store or transfer energy from the wind into
usable forms of energy.
B.Â
Standards. Wind energy systems and wind energy system applicants
shall adhere to the following standards:
C.Â
Zoning Administrator. After receiving an application for approval
of a wind energy system, the Zoning Administrator shall:
(1)Â
Determine the completeness of the application and notify the applicant
in writing whether the application is complete or incomplete no later
than 45 days after the day the application is filed.
(2)Â
Publish a Class 1 notice per § 66.0401(4)(a)1, Wis. Stats.,
that includes a brief description of the proposed wind energy system
and its proposed location, the locations where the application is
available for public review, the method and time period for the submission
of public comments, and the approximate schedule for review of the
application by the City.
(3)Â
Make the application available for public review at the local library
and at City Hall.
(4)Â
Accept written public comments on the application for 30 days after
the Class 1 notice is published.
D.Â
Determination. The City shall use all technical and procedural requirements
of Ch. PSC 128, Wis. Adm. Code, and § 66.0401, Wis. Stats.,
in making a determination whether to approve or disapprove an application
for a wind energy system.
A.Â
State laws adopted. The provisions of §§ 62.23(7)(i)
and 66.1017, Wis. Stats., are hereby adopted by reference and shall
supersede all permitted and conditional uses as stated in this chapter.
B.Â
Permitted uses/restrictions:
Community Living Arrangement (CLA); Family Day-Care Homes
|
Districts Permitted
|
Statutory Restrictions
| |
---|---|---|---|
Foster family home (domicile) licensed under § 48.62,
Wis. Stats., up to 4 children
|
All residential districts
|
None
| |
Other foster homes
|
All residential districts
|
§ 62.23(7)(i)1 and 2, Wis. Stats.
| |
CLA, up to 8 persons
|
All residential districts
|
§ 62.23(7)(i)1, 2 and 9, Wis. Stats.
| |
CLA, 9 to 15 persons
|
Multifamily districts
|
§ 62.23(7)(i)1, 2 and 9, Wis. Stats.
| |
Family day-care home licensed under § 48.65, Wis.
Stats., up to 8 children
|
All 1- and 2-family districts and planned residential development
district
|
§ 66.1017, Wis. Stats.
|
[Added 4-13-2009]
A.Â
Construction of solar energy systems. No person shall construct or
operate a solar energy conversion system (SECS) without having fully
complied with the provisions of this section and the requirements
of Wisconsin Statutes, including but not limited to §§ 66.0401
and 66.0403, Wis. Stats.[1]
C.Â
Application requirements. An application for a permit to build a
solar energy system shall include the following:
(1)Â
The property lines of the proposed site of construction.
(2)Â
Proposed location of the SECS.
(3)Â
Location and description of all structures located on the property
where the SECS site is located.
(4)Â
Location of all aboveground utility lines within a radius equal to
two times the height of the proposed SECS.
(5)Â
Location of all underground utility lines on the property where a
SECS site is proposed.
(6)Â
Dimensional representation of the structural components of the tower
construction, including the base and footings.
(7)Â
Schematic of electrical systems associated with the SECS, including
all existing and proposed electrical connections.
(8)Â
Manufacturer's specifications and installation and operation
instruction or specific SECS design information.
(9)Â
Certification by a registered professional engineer that the tower
design is sufficient to withstand wind load requirements for the structure
as defined by the Uniform Building Code.
D.Â
Climbing towers, tower access. Access to towers shall be controlled
by fences six feet in height around the tower and anti-climbing devices.
Existing local regulations regarding attractive nuisances shall cover
solar 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 SECS shall be appropriately marked to prevent
accidental bodily harm.
E.Â
Tower construction. Tower construction shall be in accordance with
all applicable sections of the Wisconsin State Building Code.
F.Â
Utility interconnection. The SECS, 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 SECS; these standards are subject to review
by the Public Service Commission.
G.Â
Setback requirements.
H.Â
Noise. During all operations, from commencement through abandonment,
all noise and vibrations shall conform with the requirements of the
City of Brodhead Code.
I.Â
Interference with navigational systems. No SECS shall be installed
or operated in such a manner that is not in compliance with Federal
Aviation Administration Regulations.
J.Â
Electrical distribution lines. All SECS electrical distribution lines
shall be located underground.
K.Â
Required safety features.
(1)Â
All SECS 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.
(2)Â
All SECS shall be designed with an automatic control to render the
system inoperable in case of loss of utility power to prevent the
SECS from supplying power to a de-energized electrical distribution
system.
(3)Â
Any SECS declared to be unsafe by the Zoning Administrator by reason
of inadequate maintenance, dilapidation, obsolescence, fire hazard,
disaster, damage or abandonment is hereby declared to be a public
nuisance and shall be abated by repair, rehabilitation, demolition
or removal in accordance with the procedures set forth in the City
of Brodhead Code.
L.Â
Maintenance. The Zoning Administrator 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 SECS has been constructed
to inspect all parts of said SECS installation and require that repairs
or alterations shall be made within 30 days if, in his judgment, there
exists a deficiency in the structural stability of the system.
M.Â
Inspections. A yearly inspection at a fee to be determined from time
to time by resolution of the Common Council shall be made by the Zoning
Administrator to certify the safety and maintenance of the SECS and
accessory structures.
[Added 4-13-2009]
A.Â
APPLICANT
APPLICATION
COLLECTOR SURFACE
COLLECTOR USE
IMPERMISSIBLE INTERFERENCE
(1)Â
(2)Â
(3)Â
OWNER
PERMIT
SOLAR COLLECTOR
SOLAR ENERGY
STANDARD TIME
WIND ENERGY SYSTEM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An owner applying for a permit under this section.
An application for a permit under this section.
Any part of a solar collector that absorbs solar energy for
use in the collector's energy transformation process. "Collector
surface" does not include frames, supports and mounting hardware.
From 9:00 a.m. to 3:00 p.m., standard time, daily.
The blockage of wind from a wind energy system or solar energy from a collector's surface or proposed collector's surface for which a permit has been granted under this section during a collector use period if such blockage is by any structure or vegetation on property, an owner of which was notified under Subsection B(2). "Impermissible interference" does not include:
Blockage by a narrow protrusion, including but not limited to
a pole or wire, which does not substantially interfere with absorption
of solar energy by a solar collector or does not substantially block
wind from a wind energy system.
Blockage by any structure constructed, under construction or
for which a building permit has been applied for before the date the
last notice is mailed or delivered under Subsection B(2).
Blockage by any vegetation planted before the date the last
notice is mailed or delivered under Subsection B(2).
At least one owner, as defined under § 66.0217(1)(d),
Wis. Stats., of a property or the personal representative of at least
one owner.
A solar energy access permit or wind energy access permit
issued under this section.
A device, structure or part of a device or structure a substantial
purpose of which is to transform solar energy into thermal, mechanical,
chemical or electrical energy.
Direct radiant energy received from the sun.
The solar time of the ninetieth meridian west of Greenwich.
Equipment that converts and then stores or transfers energy
from the wind into useful forms of energy.
B.Â
Permit application.
(1)Â
An owner who has installed or intends to install a solar collector
or wind energy system shall file an application in duplicate on a
form prescribed by the City. Such application shall be forwarded to
the Plan Commission on receipt by the City Clerk-Treasurer. Such application
shall include, where applicable:
(a)Â
Names and addresses of the owner(s) of the site and all property
owners of record which, if the permit is granted, may have their rights
to develop their property and plant vegetation affected.
(b)Â
Description of the subject site by lot, block and recorded subdivision
or by metes and bounds; address of the subject site; whether solar
energy system or wind energy system structure; and location of the
structure on the subject site.
(c)Â
Such other information as the Plan Commission or other officer
of the City may require.
(2)Â
The City Clerk-Treasurer shall determine if the application is satisfactorily completed and shall notify the applicant of his/her determination. If the applicant receives notice that an application has been satisfactorily completed, the applicant shall deliver, by certified mail or by hand, a notice to the owner of any property which the applicant proposes to be restricted by the permit under Subsection F. The applicant shall submit to the City Clerk-Treasurer a copy of the signed receipt for every notice delivered under this subsection. The City shall supply the notice form. The information on such form shall include:
(a)Â
The name and address of the applicant, and the address of the
land upon which the solar collector or wind energy system is or will
be located.
(b)Â
That an application has been filed by the applicant.
(c)Â
That the permit, if granted, may affect the rights of the notified
owner to develop his or her property and to plant vegetation.
(d)Â
The telephone number, address and office hours of the City Clerk-Treasurer.
C.Â
Hearing. Within 30 days after receipt of the notice under Subsection B(2), any person who has received a notice may file a request for hearing on the granting of a permit or the Plan Commission may determine that a hearing is necessary even if no such request is filed. If a request is filed or if the Plan Commission determines that a hearing is necessary, the Plan Commission shall conduct a hearing on the application within 90 days after the last notice is delivered. At least 30 days prior to the hearing date, the Plan Commission shall notify the applicant, all owners of record notified under Subsection B(2) and any other person filing a request of the time and place of the hearing.
D.Â
Permit grant.
(1)Â
The Plan Commission shall grant a permit if the Plan Commission determines
that:
(a)Â
The granting of a permit will not unreasonably interfere with
the orderly land use and development plans of the City;
(b)Â
No person has demonstrated that she or he has present plans to build a structure that would create an impermissible interference by showing that he has applied for a building permit prior to receipt of a notice under Subsection B(2), has expended at least $500 on planning or designing such a structure or by submitting any other credible evidence that she or he has made substantial progress towards planning or constructing a structure that would create an impermissible interference;
(c)Â
The benefits to the applicant and the public will exceed any
burdens.
(2)Â
The Plan Commission may grant a permit subject to any condition or
exemption the Plan Commission deems necessary to minimize the possibility
that the future development of nearby property will create an impermissible
interference or to minimize any other burden on any person affected
by granting the permit. Such conditions or exemptions may include
but are not limited to restrictions on the location of the solar collector
or wind energy system and requirements for compensation of persons
affected by the granting of the permit.
E.Â
Record of permit. If the Plan Commission grants a permit:
(1)Â
The Plan Commission shall specify the property restricted by the permit under Subsection F and shall prepare notice of the granting of the permit. The notice shall include the identification required under § 706.05(2)(c), Wis. Stats., for the owner and the property upon which the solar collector or wind energy system is or will be located and for any owner and property restricted by the permit under Subsection F and shall indicate that the property may not be developed or vegetation may not be planted on the property so as to create an impermissible interference with the solar collector or wind energy system which is the subject of the permit unless the permit affecting the property is terminated under Subsection H or unless an agreement affecting the property is filed under Subsection I.
F.Â
Remedies for impermissible interference.
(1)Â
Any person who uses property which he or she owns or permits any other person to use the property in a way which creates an impermissible interference under a permit which has been granted or which is the subject of an application shall be liable to the permit holder or applicant for damages, except as provided under Subsection F(2), for any loss due to the impermissible interference, court costs and reasonable attorney fees, unless:
(2)Â
A permit holder may apply to the circuit court for an injunction to require the trimming of any vegetation which creates or would create an impermissible interference as defined under Subsection A. If the court finds on behalf of the permit holder, the permit holder may request the court issue a permanent injunction, grant damages, court costs and reasonable attorneys' fees.
G.Â
Appeals. Any person aggrieved by a determination by the Plan Commission
may appeal the determination to the circuit court for a review.
H.Â
Termination of solar or wind energy rights.
(1)Â
Any right protected by a permit under this section shall terminate
if the Plan Commission determines that the solar collector or wind
energy system which is the subject of the permit is:
(2)Â
The Plan Commission shall give the permit holder written notice and an opportunity for a hearing on a proposed termination under Subsection H(1).
(3)Â
If the Plan Commission terminates a permit, the Plan Commission may charge the permit holder for the cost of recording and record a notice of termination with the Register of Deeds, who shall record the notice with the notice recorded under Subsection E(2) or indicate on any notice recorded under Subsection E(2) that the permit has been terminated.
I.Â
Waiver. A permit holder by written agreement may waive all or part of any right protected by the permit. A copy of such agreement shall be recorded with the Register of Deeds, who shall record such copy with the notice recorded under Subsection E(2).
J.Â
Preservation of rights. The transfer of title to any property shall
not change the rights and duties under this section.
K.Â
Construction.
(1)Â
This section may not be construed to require that the owner obtain
a permit prior to installing a solar collector or wind energy system.
(2)Â
This section may not be construed to mean that the acquisition of
a renewable energy resource easement under § 700.35, Wis.
Stats., is in any way contingent upon the granting of a permit under
this section.
[Added 4-13-2009]
A.Â
Construction of geothermal heating systems. No person shall construct
a geothermal heating system (GHS) without having fully complied with
the provisions of this section.
C.Â
Application requirements. An application for a permit to build a
GHS shall include the following:
(1)Â
The property lines of the proposed site of construction.
(2)Â
The setback lines of the proposed site.
(3)Â
Proposed location of the GHS.
(4)Â
Location description of all structures located on the property where
the GHS is proposed.
(5)Â
Location of all underground utility lines on the property where the
GHS site is proposed.