City of Brodhead, WI Additional Regulations for Certain Uses

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.

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.

Definitions. As used in 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.

SIGNAL-RECEIVING ANTENNA

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.

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]

[1]

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

Installation standards. Signal-receiving antennas installed in any zoning district within the City shall comply with the following provisions:

(1)

Setbacks. No portion of a ground-mounted satellite antenna shall be located:

(a)

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)

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)

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)

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 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)

Height.

(a)

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)

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 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)

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)

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 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)

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.

Enforcement.

(1)

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.

(2)

Any person, firm or corporation who fails to comply with the provisions of this section shall, upon conviction, be subject to the general penalty found in § 1-4.

§ 480-75 Wind energy systems.

[Amended 4-13-2009[1]]

Definitions. As used in this section, the following terms shall have the meanings indicated:

WIND ENERGY SYSTEM

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.

Standards. Wind energy systems and wind energy system applicants shall adhere to the following standards:

(1)

The requirements of Wisconsin Statutes, including but not limited to §§ 66.0401 and 66.0403, Wis. Stats.; and

(2)

The applicant shall meet all the application and procedural requirements of Ch. PSC 128, Wis. Adm. Code, and § 66.0401, Wis. Stats.

Zoning Administrator. After receiving an application for approval of a wind energy system, the Zoning Administrator shall:

(1)

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)

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)

Make the application available for public review at the local library and at City Hall.

(4)

Accept written public comments on the application for 30 days after the Class 1 notice is published.

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.

[1]

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

§ 480-76 Community living arrangements; family day-care homes.

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.

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.

Conditional uses: all community living arrangements and family day-care homes not permitted in Subsection B above.

§ 480-77 Solar energy systems.

[Added 4-13-2009]

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]

[1]

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

Permits required.

(1)

A zoning permit shall be obtained to allow construction of a SECS.

(2)

A SECS permit shall be obtained from the City Zoning Administrator for the construction of all SECS.

Application requirements. An application for a permit to build a solar energy system shall include the following:

(1)

The property lines of the proposed site of construction.

(2)

Proposed location of the SECS.

(3)

Location and description of all structures located on the property where the SECS site is located.

(4)

Location of all aboveground utility lines within a radius equal to two times the height of the proposed SECS.

(5)

Location of all underground utility lines on the property where a SECS 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 SECS, including all existing and proposed electrical connections.

(8)

Manufacturer's specifications and installation and operation instruction or specific SECS design information.

(9)

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.

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.

Tower construction. Tower construction shall be in accordance with all applicable sections of the Wisconsin State Building Code.

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.

Setback requirements.

(1)

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

(2)

Installation of a SECS may not be nearer to any property lines or right-of-way for overhead electrical transmission or distribution lines than 1.1 times the height of the SECS structure.

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

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.

Electrical distribution lines. All SECS electrical distribution lines shall be located underground.

Required safety features.

(1)

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)

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)

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.

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.

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.

§ 480-78 Permits for solar or wind energy systems.

[Added 4-13-2009]

Definitions. As used in this section, the following terms shall have the meanings indicated:

APPLICANT

An owner applying for a permit under this section.

APPLICATION

An application for a permit under this section.

COLLECTOR SURFACE

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.

COLLECTOR USE

From 9:00 a.m. to 3:00 p.m., standard time, daily.

IMPERMISSIBLE INTERFERENCE

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:

(1)

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.

(2)

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).

(3)

Blockage by any vegetation planted before the date the last notice is mailed or delivered under Subsection B(2).

OWNER

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.

PERMIT

A solar energy access permit or wind energy access permit issued under this section.

SOLAR COLLECTOR

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.

SOLAR ENERGY

Direct radiant energy received from the sun.

STANDARD TIME

The solar time of the ninetieth meridian west of Greenwich.

WIND ENERGY SYSTEM

Equipment that converts and then stores or transfers energy from the wind into useful forms of energy.

Permit application.

(1)

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)

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)

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)

Such other information as the Plan Commission or other officer of the City may require.

(2)

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)

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)

That an application has been filed by the applicant.

(c)

That the permit, if granted, may affect the rights of the notified owner to develop his or her property and to plant vegetation.

(d)

The telephone number, address and office hours of the City Clerk-Treasurer.

(e)

That any person may request a hearing under Subsection C within 30 days after receipt of the notice, and the address and procedure for filing the request.

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.

Permit grant.

(1)

The Plan Commission shall grant a permit if the Plan Commission determines that:

(a)

The granting of a permit will not unreasonably interfere with the orderly land use and development plans of the City;

(b)

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)

The benefits to the applicant and the public will exceed any burdens.

(2)

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.

Record of permit. If the Plan Commission grants a permit:

(1)

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.

(2)

The applicant shall record with the register of deeds of the county in which the property is located the notice under Subsection E(1) for each property specified under Subsection E(1) and for the property upon which the solar collector or wind energy system is or will be located.

Remedies for impermissible interference.

(1)

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:

(a)

The building permit was applied for prior to receipt of a notice under Subsection B(2) or the Plan Commission determines not to grant a permit after hearing under Subsection C.

(b)

A permit affecting the property is terminated under Subsection H.

(c)

An agreement affecting the property is filed under Subsection I.

(2)

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.

Appeals. Any person aggrieved by a determination by the Plan Commission may appeal the determination to the circuit court for a review.

Termination of solar or wind energy rights.

(1)

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:

(a)

Permanently removed or is not used for two consecutive years, excluding time spent on repairs or improvements.

(b)

Not installed and functioning within two years after the date of issuance of the permit.

(2)

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)

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.

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).

Preservation of rights. The transfer of title to any property shall not change the rights and duties under this section.

Construction.

(1)

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)

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.

§ 480-79 Geothermal energy systems.

[Added 4-13-2009]

Construction of geothermal heating systems. No person shall construct a geothermal heating system (GHS) without having fully complied with the provisions of this section.

Permits required.

(1)

A zoning permit shall be obtained to allow construction of a GHS.

(2)

A GHS permit shall be obtained from the City Zoning Administrator for the construction of all GHS.

Application requirements. An application for a permit to build a GHS shall include the following:

(1)

The property lines of the proposed site of construction.

(2)

The setback lines of the proposed site.

(3)

Proposed location of the GHS.

(4)

Location description of all structures located on the property where the GHS is proposed.

(5)

Location of all underground utility lines on the property where the GHS site is proposed.

Setback requirements.

(1)

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