Village of Spencer, WI Article VIII Signal-Receiving Antennas; Solar Access; Wind Energy Systems

§ 480-64 Signal-receiving antennas.

A. Purpose. This section regulating the placement of signal-receiving antennas is adopted to:

(1) Provide uniform regulation of all signal-receiving antenna devices;

(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 of Spencer, build, construct, use or place any type of signal-receiving antenna until a permit shall have first been obtained from the Building Inspector.

C. 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 over two feet in diameter, UHF and VHF television antennas, and AM, FM, ham and short-wave radio antennas, not used for amateur radio communications, regardless of the method of mounting.[1]

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

D. Application. Application for a signal-receiving antenna permit shall be made in writing to the Building Inspector. With such application, there shall be submitted a fee as set by the Village Board 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.[2]

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

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

(1) Setbacks.

(a) Any signal-receiving antenna and its mounting post shall be located a minimum of 10 feet from any property line.

(b) Subject to the provisions herein, 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. In the event that 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 structures 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 Building Inspector 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 Building Inspector may require engineering calculations.

(3) Diameter. The diameter of the signal-receiving antenna shall not exceed 15 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 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 miles per hour.

(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 Building Inspector 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.

F. 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 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 fails to comply with the provisions of this section shall, upon conviction, be subject to the general penalty found in § 1-3 of the Code.

§ 480-65 Solar energy systems.

A. Solar access easement permits.

(1) Permit procedure. The Building Inspector is herein delegated the responsibility to issue solar access permits. The Building Inspector shall determine if an application is satisfactorily completed and shall notify the applicant of its determination. If an 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 this section. The applicant shall submit to the agency a copy of a signed receipt for every notice delivered under this section. The Village shall supply the notice form. The information on the form may include, without limitation because of enumeration:

(a) The name and address of the applicant and the address of land upon which the solar collector is or will be located.

(b) That an application was 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 Plan Commission.

(e) That any person may request a hearing under Subsection A(2) in 30 days after receipt of the notice and the address and procedures for filing the request.

(2) Hearing. Within 30 days after receipt of the notice, any person who has received a notice may file a request for a 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 agency 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 Commission shall notify the applicant, all notified owners and any other person filing a request of the time and place of the hearing.

(3) Permit grant. The Building Inspector shall grant a permit if it is determined that:

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

(b) No person has demonstrated that he has present plans to build a structure that creates an impermissible interference by showing that he has applied for a building permit prior to receipt of a required notice, has expended at least $250 on planning and designing such a structure or by submitting any other credible evidence that he made substantial progress toward planning or constructing a structure that would create an impermissible interference; and

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

(4) Conditional approval. The Building Inspector may grant a permit subject to any condition or exemption he 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 include, but are not limited to, restrictions of the location of the collector and requirements for the compensation of persons affected by the granting of the permit.

(5) Record of permit. If the Building Inspector grants a permit:

(a) The Building Inspector shall specify the property restricted by the permit 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 is or will be located and for any owner and property restricted by the permit, and shall indicate that the property may not be developed and vegetation may not be planted on the property so as to create an impermissible interference with the solar collector which is the subject of the permit unless the permit affecting the property is terminated or unless an agreement affecting the property is filed.

B. Recording. The applicant shall record with the Village Administrator-Clerk/Treasurer the notice for each property specified under Subsection A and for the property upon which the solar collector is or will be located.

C. Remedies for impermissible interference. Any person who uses property which he 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 subject of an application shall be liable to the permittee or applicant for damages for any loss due to the impermissible interference, court costs and reasonable attorneys' fees, unless:

(1) The building permit was applied for prior to receipts of a notice or the agency determines not to grant a permit after a hearing.

(2) A permit affecting the property is terminated.

(3) An agreement affecting the property is filed.

D. Permit holder. A permit holder is entitled to an injunction to require the trimming of any vegetation which creates or would create an impermissible interference as defined. If the court finds on behalf of the permit holder, the permit holder shall be entitled to a permanent injunction, damages, court costs and reasonable attorney fees.

E. Termination of solar access rights.

(1) Any right protected by a permit under this section shall terminate if the Plan Commission determines that the solar collector 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.

(3) If the Plan Commission terminates a permit, the Commission may charge the permit holder for the cost of recording and record a notice of termination with the Village Administrator-Clerk/Treasurer, who shall record the notice or indicate on any notice recorded that the permit has been terminated.

F. Waiver. A permit holder by written agreement may waive all or part of any right protected by a permit. A copy of such agreement shall be recorded with the Village Administrator-Clerk/Treasurer, who shall record such copy with the notice.

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

H. Construction.

(1) This section may not be construed to require that an owner obtain a permit prior to installing a solar collector.

(2) This section may not be construed to mean that acquisition of any renewable energy easement under § 700.35, Wis. Stats., is in any way contingent upon the granting of a permit under this section.

I. Control of vegetation blocking solar energy systems. The Village may provide for the trimming of vegetation which blocks solar energy, as defined under § 66.0403(1)(k), Wis., Stats., from a collector surface, as defined under § 66.0403(1)(d), Wis. Stats. This section includes the designation of solar collector owner as the person responsible for the cost of removing the vegetation.

J. Maintenance.

(1) The Building Inspector and/or his representative shall have the right, at any reasonable time, in the company of the owner or his agent, to enter the premises on which a solar energy system has been constructed to inspect all parts of said solar energy system installation and require that repairs or alterations be made within 30 days if, in his judgment, there exists a deficiency in the structural stability of the system.

(2) An inspection, at a fee as set by the Village Board if requested by the owner, may be made by the Building Inspector to certify the safety and maintenance of the solar energy system and accessory structures.[1]

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

§ 480-66 Wind energy systems.

A. Construction of wind energy systems. No person shall construct or operate a wind energy conversion system (WECS) without having fully complied with the provisions of this section.

B. Permits required.

(1) A zoning permit shall be obtained from the Plan Commission to allow construction of a WECS.

(2) A WECS permit shall be obtained from the Village Building Inspector for the construction of all WECS.

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

(1) The property lines of the proposed site of construction.

(2) Proposed location of the WECS.

(3) Location and description of all structures located on the property where the WECS site is proposed.

(4) Location of all aboveground utility lines within a radius equal to two times the height of the proposed WECS.

(5) Location of all underground utility lines on the property where a WECS 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 WECS including all existing and proposed electrical connections.

(8) Manufacturer's specifications and installation and operation instructions or specific WECS design information.

(9) Certification by a registered professional engineer that the tower design is sufficient to withstand wind load requirements for structures as defined by the Uniform Building Code.

D. Blade clearance. The minimum distance between the ground and any protruding blade(s) utilized on a WECS shall be 15 feet, as measured at the lowest point of the arc of the blades. The minimum distance shall be increased as necessary to provide for vehicle clearance in locations where oversized vehicles might travel.

E. 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 wind 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 WECS shall be appropriately marked to prevent accidental bodily harm.

F. Tower construction. Tower construction shall be in accordance with all applicable sections of the Wisconsin State Building Code including, but not limited to, §§ ILHR 50.12, 53.10, 53.12, 62.37, 62.38, 62.39, 62.40, 62.41, Wis. Adm. Code, and any future amendments, additions, and/or revisions to same.

G. Utility interconnection. The WECS, 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 WECS; these standards are subject to review by the Public Service Commission.

H. Setback requirements.

(1) No WECS shall be constructed in any setback, dedicated easement, nor dedicated roadway.

(2) Installation of any WECS may not be nearer to any property lines or right-of-way for overhead electrical transmission or distribution lines than three times the height of the WECS structure.

I. Noise. During all operations, from commencement through abandonment, all noise and vibrations shall conform with the requirements of the Village of Spencer Code of Ordinances.

J. Interference with navigational systems. No WECS shall be installed or operated in such a manner that is not in compliance with Federal Aviation Administration regulations.

K. Electrical distribution lines. All WECS electrical distribution lines shall be located underground.

L. Required safety features.

(1) All WECS shall be designed with an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the machine is designed.

(2) All WECS 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 including the automatic overspeed control.

(3) All WECS shall be designed with an automatic control to render the system inoperable in case of loss of utility power to prevent the WECS from supplying power to a de-energized electrical distribution system.

(4) Any WECS thereof declared to be unsafe by the Building Inspector 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 Village of Spencer Code of Ordinances.

M. Maintenance. The Building Inspector 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 WECS has been constructed to inspect all parts of said WECS installation and require that repairs or alterations be made within 30 days if, in his judgment, there exists a deficiency in the structural stability of the system.

N. Inspections. A yearly inspection at a fee to be determined from time to time by resolution of the Village Board shall be made by the Building Inspector to certify the safety and maintenance of the WECS and accessory structures.