A. 
Conditional use permit required. No owner shall, within the Village of Fredonia, build, construct, use or place any type of satellite earth station over three feet in diameter until a permit shall have first been obtained. Satellite earth stations three feet or less in diameter are exempt from the requirements set forth in this Article VIII.
B. 
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.
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 Zoning Administrator. With such application, there shall be submitted a receipt showing payment of the appropriate fee as set forth in the Village Board adopted fee schedule. A set of plans and specifications shall also be provided, including a site plan showing the location of the proposed satellite earth station with respect to adjoining alleys, lot lines and buildings.
D. 
Installation restrictions. Satellite earth stations installed as a conditional use 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 when a special exception is granted by the Zoning Board of Appeals and then only in nonresidential zones.
(2) 
Location. Dish antennas in any residential district shall be erected only in rear yards, unless the Zoning Administrator expressly determines that a rear yard installation is inappropriate or undesirable under the circumstances of the particular antenna. In no event shall a dish antenna be erected in a street yard.
(3) 
Density. A dish antenna shall occupy no more than 20% of the rear yard in which it is located. No more than one dish antenna shall be permitted on any lot or parcel except when a special exception is granted by the Zoning Board of Appeals and then only in nonresidential zones.
(4) 
Screening. Dish antennas shall be located and screened to minimize their visual impact on neighboring residential properties. Such antennas shall be of one color with no logo.
(5) 
Mounting. Satellite earth stations located in agricultural or residential districts shall be ground-mounted only, unless the property owner demonstrates to the Building Inspector that reception is impossible at that location for a ground-mounted dish antenna. 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 Zoning Administrator may require engineering calculations.
(6) 
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.
(7) 
Height.
(a) 
A ground-mounted satellite dish may not exceed 12 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.
(8) 
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 mph. The manufacturer shall provide evidence of compliance with this wind speed resistance requirement with a certificate of compliance by a recognized independent testing laboratory. Such antennas shall be constructed of noncombustible and corrosion-resistant materials.
(9) 
Electrical installations. Electrical installations in connection with earth satellite receiving stations, including grounding of the system, shall be in accordance with all applicable local, state and federal codes and ordinances as well as the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern. Dish antenna drives shall not exceed 36 V. All components shall be UL approved. Low noise amplifiers shall not exceed 28 V. 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(10) 
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 applicable 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 Zoning Administrator of the date when such placement shall begin and end.
(11) 
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.
(12) 
Interference with broadcasting. Satellite earth stations 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 satellite earth station shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.
(13) 
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 hereunder.
(14) 
Color. The color of any satellite dish shall be such that it blends into its surrounding and shall be approved by the Zoning Administrator as part of the application.
(15) 
Compliance with other codes. Prior to applying for a building permit for a dish antenna, the antenna installation plans shall indicate compliance with all applicable local, state and federal codes and requirements.
E. 
Special exceptions. Requests for special exceptions to the standards established by this section may be made to the Zoning Board of Appeals pursuant to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 fails to comply with the provisions of this section shall, upon conviction, be subject to the general penalty found in § 1-4 of the Code.
A. 
No radio or television antenna tower shall be erected or installed within a street yard. The rear setback and the side setback shall be that for the principal structure with the respective zoning district. The exact location of the antenna tower shall be subject to approval by the Zoning Administrator.
B. 
No radio or television tower shall exceed a height of 60 feet above the ground measured at grade level.
C. 
Radio or television antenna towers shall be erected and installed in accordance with the all applicable local, state, and federal codes and requirements as well as the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.
[Amended 6-2-2016 by Ord. No. 2016-02]
A. 
Approval required. No owner shall, within the Village, build, construct, use or place any type or kind of wind energy system facility 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 and Planning Commission shall base their determinations 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, 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 the Zoning Code.
D. 
Definition. For the purposes of this section, the following term is defined as indicated:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
WIND ENERGY SYSTEMS
Equipment and associated facilities that convert and then store or transfer energy from the wind into usable forms of energy.
[Amended 6-2-2016 by Ord. No. 2016-02]
A. 
Application. The permit application for a wind energy system shall be made to the Zoning Administrator on forms provided by the Village. The application shall include the following information:
(1) 
The name and address of the applicant along with a primary contact name and phone number.
(2) 
The address(es) of the property on which the system and support structures will be located.
(3) 
Written permission of the property owner if that is someone other than the applicant.
(4) 
Applications for the erection of a wind energy system shall be accompanied by a plat or survey for the property to be served showing the property lines, adjacent streets, easements, drainage paths, existing structures on or within 100 feet of the property, existing utilities, existing trees six inches dbh or larger, the location of the tower and any accessory buildings 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.
(5) 
An accurate and complete written description of the use for which special grant is being requested, including pertinent statistics and operational characteristics.
(6) 
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. The plans shall also show the main structure and support structures, equipment, and network components, including base stations, power supplies, cabling, and related equipment to be placed on or around the site.
(7) 
If an applicant submits to the Village an application for a permit which contains all of the information required in Subsection A(1) through (6) and § 575-82, as applicable, the Zoning Administrator shall consider the application complete. If the Village does not believe that the application is complete, the Village shall notify the applicant, in writing, within 10 days of receiving the application. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete. If the application is complete and contains all required information, the Zoning Administrator shall refer it to the Planning Commission for final action.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Hearing. Following receipt and review of Planning Commission findings, the Planning Commission shall schedule a public hearing following the procedures for conditional use permits in Article IV.
C. 
Determination.
(1) 
Within 90 days of receipt of a complete application, the Village shall complete the following or the applicant may consider the application approved except that the applicant and the Village may agree, in writing, to an extension of the ninety-day period:
(a) 
Review the application to determine whether it is complete with all applicable aspects of the Village's building code and zoning ordinances.
(b) 
Make a final decision whether to approve or disapprove the application.
(c) 
Notify the applicant, in writing, of the final decision.
(d) 
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision. A party who is aggrieved by the final decision of the Village may bring an action in the Circuit Court of Ozaukee County.
(2) 
Fees.
(a) 
New structure or substantial modification permit in accordance with the Village's current Schedule of Fees.[1]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[1]
Editor's Note: The Schedule of Fees is on file in the Village office.
(b) 
Payment of a third-party consultant's fee for review of the plans and specifications.
(3) 
Surety. The applicant will provide a surety in the form of a bond for the amount of $20,000 or in accordance with the Village's current Schedule of Bonds.[2] Following public hearing and necessary study and investigation, the Village Board shall render its decision and a copy 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. The Village Board may impose any conditions or exemptions on the persons affected by granting the conditional use permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[2]
Editor's Note: The Schedule of Bonds is on file in the Village office.
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 cause it to be no longer compatible with surrounding areas, or for similar cause based upon consideration for the public welfare, the conditional grant may be terminated by the action of the Village Board following a public hearing thereon.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 be given.
F. 
Approval does not waive permit requirements. The approval of a permit under this article 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. 
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.
C. 
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.
D. 
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.
E. 
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.
F. 
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.
G. 
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.
[Amended 6-2-2016 by Ord. No. 2016-05; 2-21-2019 by Ord. No. 2019-01; 11-7-2019 by Ord. No. 2019-08]
A. 
Title. This section is entitled the "Village of Fredonia Mobile Tower Siting Permit Ordinance."
B. 
Purpose. The purpose of this section is to regulate by zoning permit: (1) the siting and construction of any new mobile service support structure and facilities; (2) with regard to a Class 1 co-location, the substantial modification of an existing support structure and mobile service facilities; and (3) with regard to a Class 2 co-location, co-location on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.
C. 
Authority. The Village Board has the specific authority under § 66.0404, Wis. Stats., to adopt and enforce this chapter.
D. 
Adoption of ordinance. This chapter, adopted by a majority of the Village Board on a roll call vote with a quorum present and voting and proper notice having been given, provides for the regulation by zoning permit of: (1) the siting and construction of any new mobile service support structure and facilities; (2) with regard to a Class 1 co-location, the substantial modification of an existing support structure and mobile service facilities; and (3) with regard to a Class 2 co-location, co-location on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.
E. 
Definitions. All definitions contained in § 66.0404(1), Wis. Stats., are hereby incorporated by reference.
F. 
Siting and construction of any new mobile service support structure and facilities. Application process:
(1) 
A Village zoning permit is required for the siting and construction of any new mobile service support structure and facilities. The siting and construction of any new mobile service support structure and facilities is a conditional use in the Village obtainable with this permit. Small wireless facilities are classified as a permitted use in nonresidential zoning districts and are not subject to this zoning ordinance if collocated in a right-of-way.
(2) 
A written permit application must be completed by any applicant and submitted to the Village. The application must contain the following information:
(a) 
The name and business address of, and the contact individual for, the applicant.
(b) 
The location of the proposed or affected support structure.
(c) 
The location of the proposed mobile service facility. Towers shall be set back a minimum distance equal to the height of the tower from adjacent residential zoned parcels. Small wireless facilities and utility poles, may not obstruct or hinder travel, drainage, maintenance, or the public health, safety, and general welfare on or around the right-of-way, or obstruct the legal use of the right-of-way for other communications providers, public utilities, cooperative associations organized for the purpose of producing or furnishing heat, light, power, or water to their members only, or pipes or pipelines transmitting liquid manure.
[1] 
Except as provided in Subsection F(2)(c), the height of a utility pole installed, or modified, in a right-of-way may not exceed the greater of:
[a] 
A height that is 10% taller than the tallest existing utility pole as of the effective date of this Subsection F(2)(c)[1][a] that is located within 500 feet of the new or modified utility pole in the same right-of-way.
[b] 
Fifty feet above ground level.
[2] 
The height of a small wireless facility installed, or modified, in a right-of-way may not exceed the greater of:
[a] 
A height that is 10% taller than the existing utility pole or wireless support structure on which the small wireless facility is located.
[b] 
Fifty feet above ground level.
(d) 
If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
(e) 
If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
(f) 
If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose co-location, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
(3) 
A permit application will be provided by the Village upon request to any applicant.
(4) 
Damage and repair. The Village requires a wireless provider to repair all damage that is directly caused by the activities of the wireless provider in a right-of-way involving its small wireless facilities or structures, and to return the right-of-way to its former condition before it was so damaged. If the wireless provider fails to make the required repairs within a reasonable amount of time after receiving a written request to do so from the Village, the Village may make the necessary repairs and charge the liable party for the cost of the repairs. This paragraph does not prohibit the Village from recovering damages under Wis. Stats. 86.02.
(5) 
If an applicant submits to the Village an application for a permit to engage in an activity described in this chapter, which contains all of the information required under this chapter, the Village shall consider the application complete. If the Village does not believe that the application is complete, the Village shall notify the applicant, in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
(6) 
Within 90 days of its receipt of a complete application, the Village shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Village may agree in writing to an extension of the ninety-day period:
(a) 
Review the application to determine whether it complies with all applicable aspects of the political subdivision's building code and, subject to the limitations in this section, zoning ordinances.
(b) 
Make a final decision whether to approve or disapprove the application.
(c) 
Notify the applicant, in writing, of its final decision.
(d) 
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(7) 
The Village may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described under Subsection F(2)(f).
(8) 
If an applicant provides the Village with an engineering certification showing that a mobile service support structure or an existing structure is designed to collapse within a smaller area than the setback or fall zone area required in a zoning ordinance, that zoning ordinance does not apply to such a structure unless the Village provides the applicant with substantial evidence that the engineering certification is flawed.
(9) 
The fee for the permit shall be in accordance with the Village's current Schedule of Fees.
G. 
Class 1 co-location. Application process:
(1) 
A Village zoning permit is required for a Class 1 co-location. A Class 1 co-location is a conditional use in the Village obtainable with this permit.
(2) 
A written permit application must be completed by any applicant and submitted to the Village. The application must contain the following information:
(a) 
The name and business address of, and the contact individual for, the applicant.
(b) 
The location of the proposed or affected support structure.
(c) 
The location of the proposed mobile service facility.
(d) 
If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
(e) 
If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
(f) 
If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose co-location, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
(3) 
A permit application will be provided by the Village upon request to any applicant.
(4) 
If an applicant submits to the Village an application for a permit to engage in an activity described in this chapter, which contains all of the information required under this chapter, the Village shall consider the application complete. If the Village does not believe that the application is complete, the Village shall notify the applicant, in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
(5) 
Within 90 days of its receipt of a complete application, the Village shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Village may agree, in writing, to an extension of the ninety-day period:
(a) 
Review the application to determine whether it complies with all applicable aspects of the political subdivision's building code and, subject to the limitations in this section, zoning ordinances.
(b) 
Make a final decision whether to approve or disapprove the application.
(c) 
Notify the applicant, in writing, of its final decision.
(d) 
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(6) 
The Village may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described under Subsection G(2)(f).
(7) 
If an applicant provides the Village with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the set back or fall zone area required in a zoning ordinance, that zoning ordinance does not apply to such a structure unless the Village provides the applicant with substantial evidence that the engineering certification is flawed.
(8) 
The fee for the permit shall be in accordance with the Village's current Schedule of Fees.
H. 
Class 2 co-location. Application process:
(1) 
A Village zoning permit is required for a Class 2 co-location. A Class 2 co-location is a permitted use in the Village but still requires the issuance of the Village permit.
(2) 
A written permit application must be completed by any applicant and submitted to the Village. The application must contain the following information:
(a) 
The name and business address of, and the contact individual for, the applicant.
(b) 
The location of the proposed or affected support structure.
(c) 
The location of the proposed mobile service facility.
(3) 
A permit application will be provided by the Village upon request to any applicant.
(4) 
A Class 2 co-location is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject. Reference other ordinances such as, but not limited to, electrical codes, plumbing codes, and zoning codes.
(5) 
If an applicant submits to the Village an application for a permit to engage in an activity described in this chapter, which contains all of the information required under this chapter, the Village shall consider the application complete. If any of the required information is not in the application, the Village shall notify the applicant, in writing, within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
(6) 
Within 45 days of its receipt of a complete application, the Village shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Village may agree in writing to an extension of the forty-five-day period:
(a) 
Make a final decision whether to approve or disapprove the application.
(b) 
Notify the applicant, in writing, of its final decision.
(c) 
If the application is approved, issue the applicant the relevant permit.
(d) 
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(7) 
The fee for the permit shall be in accordance with the Village's current Schedule of Fees.
I. 
Penalty provisions. Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this chapter shall, upon conviction, be punishable as set forth in § 1-4, General penalty, of the Code. Each day a violation exists or continues constitutes a separate offense under this chapter. In addition, the Village Board may seek injunctive relief from a court of record to enjoin further violations.