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 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 fire-fighting apparatus
and emergency personnel.
B.
Permit required. No owner shall, within the Village
of Orfordville, build, construct, use or place any type of signal
receiving antenna until a permit shall have first been obtained from
the Zoning Administrator.
C.
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 short-wave radio antennas, regardless of the method of mounting.
D.
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 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.
E.
Installation standards. Signal receiving antennas
installed in any zoning district within the Village shall comply with
the following provisions:
(1)
Setbacks.
(a)
In all residential areas, there shall be an
eight-foot rear yard setback.
(b)
In all commercial areas, there shall be a ten-foot
rear yard setback.
(c)
In all industrial areas, there shall be a twenty-foot
rear yard setback.
(d)
Setback measurements will be to the closest
point on the dish.
(e)
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.
(f)
If side yard, front yard or roof mounting is
requested, the Zoning Administrator 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 Zoning Administrator 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 installation 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 any electromagnetic radiation that would cause any harmful
interference with the radio and/or television broadcasting or reception
on adjacent properties. In the event that harmful interference is
caused subsequent to its installation, the owner of the 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.
[Amended 5-10-2004 by Ord. No. O-2004-01]
A.
Solar access easement permits.
(1)
Permit procedure. The Zoning Administrator is herein
delegated the responsibility to issue solar access permits. The Zoning
Administrator shall determine if an application is satisfactorily
completed and shall notify the applicant of his 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 Plan Commission 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.
(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 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 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 Zoning Administrator 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 or has expended at least $500 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 Zoning Administrator 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
on 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 Zoning Administrator grants
a permit; the Zoning Administrator 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 County Register of Deeds in which the property is located the notice under Subsection A and for the property upon which the solar collector is or will be located.
[Amended 3-28-2022]
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 the 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 attorney fees unless:
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:
(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 Clerk-Treasurer, who shall
record the notice or indicate on any notice recorded that the permit
has been terminated.
F.
Waiver. Any property owner who installs a solar energy
system may, by written agreement, waive all or part of any right protected
by a permit issued under this section. A copy of such agreement shall
be recorded with the County Register of Deeds by the property owner.
[Amended 3-28-2022]
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 § 700.41, Wis.
Stats. This section includes the designation of the solar collector
owner as the person responsible for the cost of removing the vegetation.
J.
Maintenance.
(1)
The Zoning Administrator and/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 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 Zoning Administrator
to certify the safety and maintenance of the solar energy system and
accessory structures.
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.
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 anticlimbing
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 Secs. COMM 50.12, 53.10, 53.12,
62.37, 62.38, 62.39, 62.40, and 62.41, Wis. Adm. Code, and any future
amendments, additions and/or revisions to the 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.
I.
Noise. During all operations, from commencement through
abandonment, all noise and vibrations shall conform with the requirements
of the Village of Orfordville Code.
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 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 Village
of Orfordville Code.[1]
M.
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 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 Zoning Administrator to certify the safety and maintenance
of the WECS and accessory structures.
