[Added 1-21-1991 by L.L. No. 4-1991]
The Village of Springville has become concerned
about the appearance and impact of satellite antennas, also commonly
referred to as "dish antennas." Unless regulated, such antennas can
be installed in an unsafe and aesthetically unpleasant manner with
an adverse impact on the inhabitants of the Village and on surrounding
properties. The intent and purpose of this article 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 Village.
As used in this article, the following terms
shall have the meanings ascribed thereto:
Any parabolic dish or other antenna apparatus or device having
a nominal diameter greater than one meter in a Residence District
or greater than two meters in any other zoning district which is designed
to receive television, radio, microwave or other electronic signals
or combinations thereof from a transmitter relay located in outer
space.
[Amended 2-5-1996 by L.L. No. 1-1996; 6-3-1996 by L.L. No. 5-1996]
In the case of a television antenna, a satellite signal which,
when viewed on a conventional television set, is at least equal in
picture quality to that received from local commercial television
or by way of cable television.
A satellite antenna shall be in all respects
considered an accessory structure and, except as otherwise provided
in this article, shall be subject to all the zoning regulations contained
in this chapter.
No person shall cause, suffer or permit the
erection and/or maintenance of a satellite antenna except as set forth
in this article.
A.
Any such antenna shall be considered an accessory
structure requiring a building permit and, as such, shall not be located
forward of the rear wall of the main structure on the lot. No satellite
antenna nor any of its cables, guy wires, supports or any other aboveground
appurtenances shall be built, erected or maintained nearer than 10
feet to the side or rear lines of the lot upon which it is located.
On any corner lot, no satellite antenna nor any of its aboveground
appurtenances shall be built, erected or maintained nearer the street
line than is allowed for other structures.
B.
An application for a building permit shall be made
to the Code Enforcement Officer by the owner of the parcel of land
upon which it is to be placed. The application shall contain the name
of the manufacture of the satellite antenna, its model number, its
dimensional and performance specifications and the manufacturer's
installation requirements. Plans and sketches shall be submitted by
the owner of the premises only and shall show the location of all
physical improvements on the subject premises, the proposed location
of the antenna and any new fencing or landscaping to be used for screening.
The plans and sketches shall show lot measurements and distances from
all lot lines and structures. The applicant shall also present any
documentation of the possession of any required licensing by the federal,
state or local government.
The following requirements apply to the installation
and maintenance of satellite antennas in all zoning districts:
A.
No installation shall be allowed over, under or upon
land affected by a public or private easement.
B.
The diameter of such satellite antenna shall not exceed
12 feet along its longest axis, and the height of such antenna above
natural ground level shall not exceed 15 feet at its maximum height.
C.
The color of such installation shall be in solid earth
tones of beige, brown, black, grey or green, and said color tones
shall be maintained in such character during the existence of said
satellite antenna under the permit.
D.
To the extent consistent with its ability to receive
a usable satellite signal, a satellite antenna shall be located and
designed to reduce or eliminate its visibility from surrounding properties
at street level and from public streets. Nothing in this article,
however, shall be construed to permit a fence or other screening structure
or vegetation that is otherwise prohibited by the Code of the Village
of Springville.
E.
All installations shall be accomplished under the
permit in a good, workmanlike manner and shall be so installed as
to give reasonable assurance of the absence of potential hazard resulting
from wind, electrical or other factors giving rise to an unsatisfactory
safety condition.
F.
Satellite antennas shall meet the manufacturer's installation
specifications and shall be of noncombustible and corrosive-resistant
material and be erected in a secure, wind-resistant manner.
G.
Every satellite antenna must be adequately grounded
for protection against a direct strike of lightning.
H.
No such antenna may be located on any trailer or other
portable device.
I.
Lettering or symbols or other pictorial matter placed
on any part of a satellite antenna or structure may consist only of
the manufacturer's identification, which shall be of a size not to
exceed a total area of two square feet.
J.
Abandonment or removal of an antenna shall require
that all components, including the foundation, structure and equipment
connected therewith, be removed. The Village of Springville shall
be notified within 10 days of abandonment and/or completion of such
removal.
K.
All satellite antennas, supports, attachments and
the installation thereof shall comply with applicable provisions of
the New York State Uniform Fire Prevention and Building Code and the
manufacturer's specifications.
L.
No more than one satellite antenna shall be allowed
per detached single-family unit, duplex or triplex. Other dwellings,
including condominiums, townhouses and apartment buildings containing
four or more attached living units, and commercial or industrial buildings
shall be allowed no more than two satellite antennas.
A.
No satellite antenna may be installed above or mounted
on or attached to any building or tower or other structure in any
residence district, but it shall be installed freestanding on the
ground at natural ground level.
B.
A satellite antenna may be mounted on or attached
to a building in a Village Business, Village Industry or Commercial-Industrial
Park District, but its height may not exceed 15 feet above the highest
point on the building's roof.
C.
A place of business dealing with the sale and service
of satellite antennas may have a maximum of three such antennas outside
a building on the premises where such business is actually conducted.
All such antennas must be installed and maintained in accordance with
the other provisions of this chapter, except that no permit fee is
required for a satellite antenna specifically installed for demonstration
purposes as part of such business.
Any satellite antenna lawfully installed and
operating prior to the effective date hereof, if in compliance with
existing law but not in compliance with any provisions added by this
article, shall, to that extent, be deemed a nonconforming use.
The Code Enforcement Officer shall inspect every
satellite antenna within the Village at least every five years, including
those in existence prior to the effective date hereof, and shall take
appropriate enforcement action with regard to any such antenna found
in violation of any applicable law or regulation.
The Zoning Board of Appeals may, in appropriate cases, grant variances from the strict application of the provisions of this article in accordance with Article XI of this chapter.
