[HISTORY: Adopted by the City Council of the City of Lackawanna 6-30-1997
(Ch. 25 of the 1987 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 230.
The City of Lackawanna has become concerned about the appearance and
impact of satellite antennas, commonly referred to as "dish antennas." Unless
regulated, such antennas can be installed in an aesthetically unpleasant manner
with an adverse impact on surrounding properties. The intent and purpose of
this chapter is to establish a procedure and criteria to avoid the adverse
impacts of the installation of such antennas and to preserve the character,
beauty and general welfare of the municipality.
As used in this chapter, the following terms shall have the meanings
indicated:
An apparatus capable of receiving communications from a transmitter
or transmitter relay located in orbit.
For the purposes of Chapter 230, Zoning, of the Municipal Code of the City of Lackawanna, a satellite antenna shall be, in all respects, considered an accessory structure and/or building and shall be subject to all the rules and regulations of Chapter 230, Zoning, of the City of Lackawanna Municipal Code.
The provisions of this chapter shall be administered by the Director
of Development of the City of Lackawanna, who shall assign duties to the Building
Inspector for enforcement purposes.
[Amended 8-4-1997]
No person shall erect a satellite antenna in the City without first
obtaining a permit, and no installation or erection shall commence before
such permit is issued. The application fee for a permit to install a satellite
antenna shall be $75. No permit fee shall be required for any satellite dish
antenna which does not exceed 36 inches in diameter. Permit fees shall only
apply to satellite dish antennas in excess of 36 inches.
A.
Any person who desires to install or erect a satellite
antenna shall apply to the Director of Development for a permit. An occupant,
renter or co-owner shall have the written permission of all owners of the
lot, premises or parcel of land within the City on which such satellite antenna
is proposed to be installed or erected.
B.
The applicant shall submit a written application upon
forms provided by the Director of Development and shall also submit:
(1)
A plot plan of the property or parcel of land showing
the exact location of the proposed satellite antenna and all other buildings
on the subject property.
(2)
A description of the kind of satellite antenna proposed.
(3)
Plans showing specifications and elevations of the proposed
satellite antenna with sufficient details to show the method of assembly and
construction.
C.
The written application shall indicate the names of the
owners of the subject property, the occupants of the subject property, and
the contractor or other person proposed to construct or erect the proposed
satellite antenna.
D.
The Director of Development may issue the permits provided
that the applicant has met all requirements of this chapter.
A.
No satellite antenna may be placed in the front yard
of any lot in the City.
B.
A satellite antenna may be placed on a lot only in the
rear yard; provided, however, that on a clear and convincing showing that a
reasonably satisfactory signal cannot be obtained from a rear yard location,
the Director of Development may permit the antenna to be located in the side
yard. The satellite antenna may be placed on either a ground mount or a pole
mount. If a satisfactory signal cannot be obtained in either the rear or side
yard, the applicant can apply to the Director of Development and, upon a clear
and convincing showing that a satisfactory signal cannot be obtained in either
yard, the Director of Development shall permit the antenna to be located on
the roof of any main building on the lot.
A.
All antennas shall be constructed, erected, installed
and maintained in accordance with the applicable laws and codes of the City
of Lackawanna and the State of New York.
B.
No more than one satellite dish antenna shall be allowed
per unit.
C.
All ground-mounted, pole-mounted and roof-mounted satellite
antennas shall be installed in strict accordance with the manufacturer's
specifications, and said specifications shall be submitted to the Director
of Development for approval before installation commences.
D.
Inspection by the Building Inspector shall be made during
installation and after said installation is completed.
E.
No ground-mounted satellite antenna shall be higher than
12 feet.
F.
A pole-mounted satellite shall be embedded in four feet
of concrete and attached to the side of the house.
G.
The diameter of a satellite dish may not exceed eight
feet and said dish shall be perforated.
H.
All satellite antennas shall be grounded against direct
lightning strike.
I.
All satellite antennas shall be erected to withstand
at least eighty-mile-per-hour winds.
J.
All satellite antennas shall meet all manufacturer's
specifications and be of noncombustible as well as corrosive-resistant material.
K.
All satellite antennas shall be located and designed
to reasonably reduce visual impact from surrounding properties at street level
and from public streets.
A.
The Building Inspector is empowered to inspect and reinspect
erected or installed satellite antennas and/or antennas. If aforementioned
antennas do not comply with any City regulation the owner shall be notified
by a written order to make repairs and alterations to bring the antenna, apparatus,
fixtures, fencing and landscaping into compliance with the regulation within
30 days or to remove the antennas within 20 days after service of said written
order.
B.
The Director of Development may issue a summons in the City Court of Lackawanna in the event that his or her order is not complied with as required above. The City Judge shall hear the charge and determine whether the defendant is guilty of the violations charged and shall punish any violator pursuant to Subsection D of this section.
C.
The owner or agent of a building or premises where a
violation of any provision of these regulations shall have been committed
or shall exist or the agent, architect, building contractor or any other person
who shall maintain any building or premises in which any violation of this
chapter shall exist shall, for each and every violation be subject to the
penalties set forth. Each day that a violation is permitted to exist shall
constitute a separate offense.
D.
No person, firm or corporation shall erect or maintain
a satellite antenna except in compliance with provisions of this chapter.
In addition to any other penalty provided by law, any structure erected or
maintained in violation of the provisions of this chapter shall be deemed
and considered a nuisance, and the City is hereby empowered to obtain judicial
relief requiring abatement of said nuisance, including the removal of any
structure erected or maintained or installed in violation of the terms of
this chapter. In the event that the City is forced to enforce the provisions
of this chapter through the seeking of injunctive relief, the City shall be
reimbursed for all of its costs, expenses and attorney's fees incurred
in enforcing the provisions of this chapter. Each day that a violation continues
shall constitute a separate offense, the fine or penalty therefor shall not
exceed $500 per day.
Subject to the provisions of this chapter, any satellite dish antenna
now existing in the City shall be considered "grandfathered in" prior to the
enactment of this chapter and is hereby declared to be a legal conforming
structure and not required to be licensed.
