Farmingdale City Zoning Code
ARTICLE XXII
Parabolic Discs and Other Similar Antennas
§ 600-163 Purpose.
The Village Board of Trustees of the Incorporated Village of Farmingdale has become concerned about the appearance, health and safety of satellite antennas, commonly referred to as "disc antennas." The Board finds that, 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 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.
§ 600-164 Antennas restricted.
No person shall cause, suffer or permit the erection, construction, installation, relocation and/or maintenance of any parabolic or hemispheric disc, tower or other similar antenna or device, except as set forth herein.
§ 600-165 Special use permit required; compliance with accessory structure regulations.
A.
No other erection, construction, installation and/or maintenance shall be permitted or continued in any zoning district, except when permitted by special use by the Zoning Board of Appeals after public hearing in compliance with the provisions of this article.
B.
Irrespective of when constructed and irrespective of the material out of which it has been constructed, the parabolic disc or similar antenna and all supporting structures shall be considered a structure with respect to building area and shall comply with all rules and regulations regarding accessory structures.
§ 600-166 Permit applications.
All applications for permits shall be filed with the Zoning Board of Appeals of the Incorporated Village of Farmingdale. The application to the Zoning Board of Appeals shall describe the present use of the premises. In addition, the application shall be accompanied by the following: a location survey showing existing structures upon the premises, their location and distance from the proposed disc or antenna, the dimensions of the parabolic disc or antenna, the setbacks of the parabolic disc or antenna from each property line and all properties and structures within a two-hundred-foot radius of the premises, showing the names and street addresses of the record owners of such property.
§ 600-167 Requirements for issuance of permit.
No application for a special use permit for the erection, construction, installation, relocation or maintenance of a parabolic disc or similar antenna shall be granted by the Board of Zoning Appeals unless the following requirements are met:
A.
Any parabolic disc or antenna shall be located at ground level in the rear yard of any lot. If the applicant can show an obstruction of the reception window for such disc or antenna, then such installation shall be on a pedestal in the rear yard, the overall height of which, including the height of the disc, shall not exceed 20 feet.
B.
If the lot on which the applicant seeks to install such device does not possess an adequate rear yard, only then may such device be mounted on the roof of the building located on the property. Such roof installation may require suitable screening of opaque material to shield the device from public view from the nearest public street if required by the Board of Zoning Appeals and shall be located at the rear roof and not extend above the ridge of the roof on a ridge roof building and not extend more than 10 feet above a flat roof. When roof installation is permitted, such screening by opaque materials shall be so constituted as not to obstruct the reception window of such device.
C.
Such installation shall at all times maintain a setback from all property lines of at least 15 feet.
D.
The diameter or width of any parabolic disc or antenna shall not exceed 10 feet.
E.
A landscape plan, illustrating adequate screening of the parabolic disc or antenna which will be provided to screen the parabolic disc or antenna from the roadway and adjoining property owners, shall be required. All screening required shall be by coniferous trees and shall be of sufficient height and density to screen 100% of the parabolic disc or antenna from sight at ground level from the roadway and from properties located within a two-hundred-foot radius of the premises during the entire year; such screening shall be placed to avoid interference with the reception window.
F.
The term "reception window" shall mean the area within the direct line between the land-based antenna and the orbiting satellites, necessary for effective reception.
G.
All connections shall be made so that wiring and supporting cables will not be visible from the street.
H.
No more than one parabolic, hemispheric or similar antenna shall be erected, constructed, installed or maintained on a single lot or premises.
I.
The applicant shall, in writing, agree to maintain and/or replace the screening as shown on the landscape plan. In the event that the applicant fails or refuses to properly maintain the screening, after notice to the applicant and a hearing before the Board of Trustees, the Village may maintain or replace the screening, or parts thereof, at the cost and expense of the property owner. Any unreimbursed costs incurred by the Village will become assessed against the property.
J.
The applicant shall, in writing, agree to remove the parabolic disc or antenna at its own expense if the applicant moves, if the premises are sold or, in the case of a corporation, if there is a transfer of 10% or more of the stock of the corporation, and the applicant shall post a performance bond in an amount sufficient to cover the cost of such removal.
K.
A detailed plan showing the material from which the parabolic disc or antenna is to be constructed and the proposed color of the parabolic disc or antenna shall be required. Such color shall be approved by the Board of Zoning Appeals to provide harmonious blending with existing building color.
L.
A certification from an architect or professional engineer that such installation is structurally sound, possessing adequate structural integrity and will be permanently and effectively grounded shall be required.
M.
The parabolic disc or antenna shall not be illuminated.
O.
Such other information or data as may be required by the Zoning Board of Appeals shall be included.
§ 600-168 Notification of other property owners.
Prior to the public hearing held by the Zoning Board of Appeals, the applicant shall file certification of notice showing that all property owners within 200 feet of the applicant's property were notified, in writing, by the applicant of his application, by registered mail or certified mail, return receipt requested, at least 10 days and no more than 21 days before the date scheduled for the public hearing.