East Syracuse City Zoning Code
ARTICLE II
Zoning Permits and Variances
§ 340-8 All permits.
§ 340-9 Communications permits.
A.
General rules for communications permits.
(1)
Permit required. No communications towers, antennas or accessory or support structures more than 15 feet above ground shall be used, erected or altered without a communications permit.
(2)
Purpose and intent.
(a)
Balanced regulations for siting and screening communications structures accommodate growth of these systems.
(b)
This section protects the public from adverse impacts on aesthetic resources.
(c)
Structural standards and setback requirements protect adjacent properties from potential damage from tower failures.
(d)
This section reduces the number of structures needed to serve the community by maximizing the use of existing ones.
(3) ACCESSORY STRUCTURES ANTENNAS COMMUNICATIONS TOWERS PERSONAL WIRELESS SERVICES or PWS
Definitions. As used in this section, the following terms shall have the meanings indicated:
Designed and used to support communications towers and antennas or shelter equipment, other than offices, broadcast studios, or long-term vehicle or equipment storage.
Devices to send and/or receive electromagnetic waves, including all mounting and stabilizing items, such as towers, poles, brackets, guy wires, hardware and connection equipment.
Structures, including antennas, for sending and/or receiving electromagnetic communications, excluding those used for fire, police and other dispatch communications, or exclusively for private radio, television, citizens band or amateur (ham) radio reception and other private, residential communications.
Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as defined by Section 704 of the Federal Telecommunications Act.
(4)
Subordination to federal laws. Nothing herein shall be construed to interfere with regulations of the Federal Communications Commission (FCC) or other federal agencies.
(5)
Towers restricted to south side. No communications towers shall hereafter be used, erected or altered except in the area south of the Conrail yards.
(6)
No alteration of noncomplying structures. Existing antennas and communications towers which do not comply with this section may remain in use for their current purpose but may not be replaced or structurally altered without complying with this chapter.
(7)
Ten-percent rule for noncomplying structures. Any preexisting noncomplying communications tower or antenna which is damaged or destroyed may be repaired and restored to its former use, location and physical dimensions without complying with this chapter only if the cost of such repair and restoration is less than 10% of the cost of new equipment of like kind and quality.
B.
Communications permit applications.
(1)
Filing and review. Communications permit applications are filed with the Village Clerk and referred to the Planning Board for review.
(2)
Proof of noninterference. Every communications permit application must include a preliminary or certified statement that the installation will not interfere with the radio or television service to adjacent properties or with public safety communications. If a preliminary statement is included, a final certified statement of noninterference, prepared by a professional engineer, will be provided and approved by the Village prior to the issuance of a permit.
(3)
Co-location letter of intent. Applicants must submit a letter of intent to abide by the terms of Subsection D(6).
(4)
Notification of adjacent municipalities. To facilitate shared use of existing structures, all applicants for new communications towers must notify the legislative body of each municipality bordering the Village and the County Planning Board, in writing, listing the exact location and height of the proposed new tower and a general description of the project, including its capacity for future shared use. Proof of this notification must be submitted with the application.
(5)
Design of antennas, towers, and structures. Each communications permit application must include detailed drawings and documentation indicating compliance with Subsection C.
(6)
Application fee. Every communications permit application shall be accompanied by an application fee. The amount of such fee shall be set by the Village Board of Trustees from time to time by resolution.
[Added 3-6-2006 by L.L. No. 1-2006]
C.
Granting communications permits.
(1)
Planning Board review. The Planning Board shall review all applications and submit its recommendations to the Village Board, including reasonable conditions and restrictions on the proposed structures.
(2)
Village Board action. The Village Board approves or denies applications, imposing such reasonable conditions and restrictions as it finds appropriate.
(3)
Hearings on communications permits. The Village Board must conduct a public hearing within 62 days of receiving application and issue a written decision within 30 days of the hearing. Approvals shall list any conditions or modifications imposed. Denials shall be supported by substantial evidence.
(4)
Existing facilities are inadequate. No proposed communications tower shall be approved if the Village Board finds that the planned antenna(s) can be accommodated on an existing or approved communications tower or building within a search radius of one mile for towers 120 feet or higher, 1/2 mile for towers 80 to 119.9 feet, or 1/4 mile for towers less than 80 feet high. A finding that this is not possible requires demonstration of one of the following:
(a)
The antenna would exceed the structural capacity of the existing or approved communications tower or building, as documented by a qualified professional engineer, and the existing or approved communications tower cannot be modified or replaced to accommodate the planned or equivalent antenna at a reasonable cost.
(b)
Interference from the antenna, which cannot be prevented at a reasonable cost, would materially impact another existing or planned antenna on the communications tower or building, as documented by a qualified professional engineer.
(c)
Existing or approved towers and buildings within the search radius cannot accommodate the antenna at a height necessary to function reasonably, as documented by a qualified professional engineer.
(d)
Other reasons make it infeasible to locate the antenna upon an existing or approved communications tower or building.
(5)
Tower building requirements.
(a)
Communications towers must be self-supporting open framework or monopoles without the use of guy wire, cables, beams or other external means of support.
(b)
Permanent platforms or structures other than antennas that serve to increase off-site visibility are prohibited.
(c)
No communications tower base may occupy more than 500 square feet and the tower top cannot be larger than the base.
(d)
The minimum spacing between communications towers is 900 feet.
(6)
Tower height limitations.
(a)
No communications tower shall exceed a height of 150 feet above ground.
(b)
The Village Board may allow communications towers up to 200 feet high, if the applicant can demonstrate that off-site views of them will be minimized by the topography, siting, design, tree cover or screening.
(c)
The Village Board may waive height limits for antennas mounted on an existing structure or to accommodate co-location.
(7)
Tower and accessory structure setbacks.
(a)
Tower and accessory structure setbacks shall be the minimum setback for that zone, except that they may encroach into the rear setback if the lot is zoned industrial and abuts industrially zoned property in the rear and the tower is not on any easement.
(b)
Towers and accessory structures must be set back from existing or planned public rights-of-way, as shown on the most recently adopted Village Master Plan or map, by at least half the tower height, including antennas and attachments.
(c)
The Village Board may reduce a communications tower's setback upon demonstration of compelling reasons to do so.
(8)
Screening and security.
(a)
Communications towers and accessory structures must be surrounded with security fencing to prevent unauthorized entry.
(b)
Existing vegetation must be preserved to the maximum extent practicable.
(c)
The base of the communications tower and accessory structures must be landscaped.
(d)
Communications towers and antennas must be designed and colored to blend into the surrounding environment, except where color is dictated by federal or state agencies.
(e)
Antennas on the exterior of a building shall be the same color as the building.
(f)
Accessory structures must be architecturally compatible with principal structures.
(10)
Decennial review. The Village Board (or at its designation the Planning Board) reviews all communications permits every 10th year to determine if technology has changed sufficiently to eliminate or change the need for the tower and the permit should be modified or terminated as a result.
D.
Communications permit obligations.
(1)
Compliance with other laws. Permit holders shall provide the Village Clerk with copies of all licenses and permits required by other agencies, keep these current and provide proof of renewals or extensions.
(2)
Transfer of permit. No communications permit or any rights thereunder may be transferred except with the written permission of the Village Board.
(3)
Antenna safety. Antennas are subject to state and federal regulations for nonionizing radiation and other health hazards. The owner shall submit evidence yearly of compliance with FCC standards. If more restrictive standards are adopted, antennas must comply or the Village Board may restrict continued operations. The permit holder shall pay for verifying compliance.
(4)
Tower lighting. Communications towers shall not be artificially lit or have strobe lights unless so required by a federal or state agency. Lights may be incorporated into the tower design to illuminate playing fields, parking lots and similar areas.
(5)
Signs and advertising. No portion of any communications tower shall be used for signs other than warning or equipment information signs.
(6)
Co-location letter of intent. The applicant shall submit a letter of intent to the Village Board which, if the permit is approved, commits the applicant and any successors to:
(a)
Respond in a timely and comprehensive manner to a request for information from a potential shared-use applicant.
(b)
Negotiate in good faith for shared use of the tower by other PWS providers.
(c)
Allow shared use if another PWS provider agrees in writing to pay charges.
(d)
Make no more than a reasonable charge for shared use based on generally accepted accounting principles. The charge may include, but is not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction, maintenance, financing, return on equity, depreciation, and all costs of adapting the towers or equipment to accommodate a shared user without causing electromagnetic interference.
(7)
Unused towers. Unused towers and associated facilities shall be removed within 12 months of ceasing operations at the site, unless an extension is approved by the Village Board. A copy of the relevant portions of a signed lease requiring the applicant to remove all facilities upon cessation shall accompany the application. Facilities not removed within 12 months of cessation may be removed by the Village and the cost added to the property tax levy.
(8)
Unused sections. Unused portions of communications towers above a manufactured connection must be removed within six months of antenna relocation. Replacing previously removed portions of a tower requires a new communications permit.
(9)
Annual fee. Every permit holder shall pay an annual fee each year or portion of a year covered by the permit. For the purpose of this section, a year shall run from June 1 to May 31. The amount of the annual fee shall be set by the Board of Trustees from time to time by resolution.
[Added 3-6-2006 by L.L. No. 1-2006]
§ 340-10 Curb cut permits.
§ 340-11 Site plan permits.
A.
General rules for site plan permits. No building or occupancy permits shall be issued for any use or structure without an approved site plan permit.
B.
Site plan permit applications. Site plan applications are prepared to specifications set by resolution of the Village Board, showing the arrangement, layout, drainage, design and proposed use of the site.
C.
D.
Site plan permit holder obligations. The Village Board may impose any reasonable conditions which are related and incidental to the proposed site plan in order to ensure compatibility with the site and surrounding neighborhood.
§ 340-12 Special permits.
A.
General rules for special permits.[1]
(1)
Special permits are required for:
(a)
Auto shops/gas sales in south side C-2 Zones, § 852.32.
(b)
Cemeteries in C-1 Zones, § 851.30, C-2 Zones, § 852.30, C-3 Zones, § 853.30, R-1 Zones, § 841.30, and R-2 Zones, § 842.30.
(c)
Explosives manufacturing in I-1 Zones, § 855.30, and I-2 Zones, § 856.30.
(d)
Landfills in land conservation zones, § 843.30.
(e)
Multiple dwellings in C-1 Zones, § 851.31, and R-2 Zones, § 842.32.
(f)
Nursing homes in C-1 Zones, § 851.32.
(g)
Objectionable emissions in I-1 Zones, § 855.31, and I-2 Zones, § 856.31.
(h)
Satellite dish, additional conditions for § 340-33C(3), no more than 10 feet across, § 340-33C(1), no more than 12 feet high, § 340-33C(1), over 8 feet above roofs, § 340-33B(4), requiring greater setbacks for § 340-33C(2).
(i)
Signs, freestanding, § 340-28A(1)(f).
(j)
Taverns in C-1 Zones, § 851.33, C-2 Zones, § 852.31, and C-3 Zones, § 853.31.
(k)
Temporary commercial buildings in R-1 Zones, § 841.31, and R-2 Zones, § 842.31.
(2)
One use. A special permit authorizes only one special use.
(3)
Expiration of special permits. Special permits expire whenever the special use ceases for 180 days.
B.
Special permit applications. Special permit applications must include project plans and such other information as the Zoning Board of Appeals determines is necessary to understand the proposed development. All applications must show the location of all structures, parking areas, driveways, open spaces and landscaping.
C.
Granting special permits.
(1)
Hearings before ZBA. The Zoning Board of Appeals hears special permit applications.
(2)
Individual basis. All special permit applications must be considered on an individual basis.
(3)
Compliance with this chapter. No special permit may be issued for any property which is currently in violation of any provision of this chapter.
(4)
Orderly development of the zone. A special permit may only be granted if the following are in harmony with the orderly development of the zone:
(5)
Impact on nearby properties. No special permit may be issued if the location, nature or height of structures will discourage the appropriate development and use of adjacent sites or impair their value.
(6)
Objectionable emanations. Specially permitted uses shall not be more objectionable to nearby properties than a permitted use would be due to noise, smoke, dust, fumes, odors, vibrations or flashing lights.
(7)
Multiple dwellings and nursing homes. No special permit for any multifamily dwelling or nursing or convalescent home shall be granted unless the Zoning Board of Appeals finds the application to be in general conformance with the current Master Plan and map.
(8)
Conditional approval. Special permits may be made conditional on adequate safeguards of the health, safety, and general welfare of the public and minimization of detrimental effects on adjacent properties.
D.
Special permit holder obligations. (Reserved)
§ 340-13 Subdivision permits.
(Reserved)