Kirkland City Zoning Code

A. Purpose and intent of regulations. It is the purpose and intent of this section to establish a uniform procedure and criteria to avoid the adverse impact of the installation of dish-type (two feet in diameter or greater) or tower-type receiving antennas and by the enactment of the same to protect the public health, welfare or safety; to protect the aesthetic qualities of the community; and to ensure the unhampered use and enjoyment of properties adjacent to such antennas.

B. Permit required.

(1) No person shall erect, alter or reconstruct any dish-type or tower-type antenna without having first obtained a permit from the Building Inspector.

(2) Application for such permit shall be made in writing on forms provided by the Building Inspector and shall be submitted to the Planning Board for site plan review pursuant to § 118-18 of this chapter. These applications shall contain the following information:

(a) The name, address and telephone number of the applicant.

(b) The location of real property upon which the antenna is to be erected.

(c) Construction drawings ( to scale) showing all contiguous properties and structures thereupon, the proposed method of installation, structural engineering analysis and a site plan depicting structures and plantings on the property.

(d) Documentation of possession of any required federal or state license.

(3) The applicant shall pay to the Building Inspector, upon issuance of an antenna permit, a fee of $10.

C. General regulations. The following regulations shall apply to all dish-type (two feet in diameter or greater) or tower-type antennas:

(1) No dish-type or tower-type antenna may be erected in any district or any location within a district which is prohibited by regulation of the Federal Communications Commission or other regulatory agency having jurisdiction.

(2) No more than one such antenna shall be permitted on any lot or parcel.

(3) All dish-type or tower-type antennas shall be either freestanding or roof-mounted.

(4) All towers or antennas shall have setbacks from any lot line equal to or greater than the height of the proposed structure.

(5) Distance of any guy anchorage or similar device shall be at least five feet from any property line.

(6) No dish-type or tower-type antenna may be located in a front or side yard.

(7) No dish-type or tower-type antennas, including roof-mounted antennas, shall exceed the height limitations as stated in § 118-36 of this chapter.

(8) When roof-mounted, the antenna shall be located on a portion of the roof sloping away from the front of the lot, and no part thereof shall project above the ridgeline.

(9) Suitable protective anticlimb fencing shall be provided and maintained around any structure of greater than 20 feet in height.

(10) The owner of such a structure shall assume complete liability in case of personal or property damage.

D. Procedure for relief.

(1) The Zoning Board of Appeals may grant a special exception from any of the requirements of this section if it finds that all the following conditions exist:

(a) The use shall be of such location, size and character that it will be 10 harmony with the appropriate and orderly development of the district 10 which it is situated and will not be detrimental to the orderly development of adjacent districts.

(b) The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout and its relation to streets giving access to it shall be such that traffic to and from the assembly of persons in connection with it will not be hazardous or inconvenient to the neighborhood. In applying this standard, the Board shall consider, among other things, convenient routes of pedestrian traffic, particularly of children, relation to main traffic thoroughfares and to street and road intersections and the general character and intensity of development of the neighborhood.

(c) The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping of the site shall be such that the use will not hinder or discourage the proper development and use of adjacent land and buildings or impair the value thereof.

(2) In granting a special exception, the Zoning Board of Appeals:

(a) May require that technical data be provided to substantiate any claims that the proposed location is necessary to allow proper reception, including certification from the proposed installer of the device that the location of the same cannot be placed anywhere on the premises which would be in compliance with the requirements of Article VI.

(b) May require screening.

(c) May require additional setback from the property line to that imposed by these regulations.

(d) Shall attach such reasonable conditions as it shall require consistent with the intent of these regulations and that the essential character of the neighborhood shall not be disturbed by the installation of any such antenna.

E. Enforcement of antenna regulations.

(1) Notice. When the Building Inspector or Zoning Enforcement Officer determines that there has been a violation of this section, written notice shall be served upon the applicant antenna owner or property owner, by registered or certified mail, return receipt requested, at his last known address, such notice specifying the alleged violation, providing a reasonable time within which the violation is to be corrected, stating what legal remedies will be imposed upon a failure to correct said violation and informing said individuals of their rights pursuant to § 118-63 of this chapter. Such notice of violation shall automatically become a final order if the violation is not corrected within the time allowed or if an application for an appeal in accordance with Article IX herein is not submitted to the Building Inspector or Zoning Enforcement Officer within seven days from receipt of said notice.

(2) Removal of antenna; storage; sale. Upon failure of the applicant antenna owner or property owner to correct the cited violation within the time allowed by the Building Inspector or to apply for an appeal as provided by Article IX, the Building Inspector, by written instruction, shall notify the Town Board of such violation. The Town Board may then direct the Superintendent of Highways to remove such antenna. Such antenna shall be stored for a thirty-day period during which the antenna may be claimed upon proof of ownership and upon payment for the reasonable cost of removal and storage as determined by said Superintendent of Highways. If the antenna is not timely claimed, said Superintendent of Highways is authorized to sell the stored antenna at public auction to the highest bidder or to otherwise dispose of said antenna at his discretion and to thereupon apply the proceeds, if any, to the remaining storage costs.

The use of solar energy systems, including solar collectors, storage facilities and distribution components, for space heating and cooling, the heating of water, use in industrial, commercial or agricultural processes and the generation of electricity is a permitted use within any zoning district within the Town, subject to the following requirements:

A. All proposals for the installation of any solar energy system, either active or passive, shall be required to comply with § 118-18, Site development plan review process.

B. Shading of solar collectors unlawful. When a solar energy collector, whether active or passive in nature, is installed on a lot, structures or vegetation on an abutting lot shall not be constructed so as to block the solar collector’s access to solar energy. The portion of a solar collector that is protected is that portion which:

(1) Is located so as not to be shaded between the hours of 9:00 a.m. and 3:00 p.m. on December 21 by a hypothetical ten-foot wall located on the lot line.

(2) Has an area not greater than 112 of the heated floor area of the structure.

C. Beneficial use. This section shall only protect a solar collector which is actually being used for one or more of the following purposes:

(1) The heating and/or cooling of a building or structure.

(2) The heating of water.

(3) Use in industrial, commercial or agricultural processes.

(4) The generation of electricity.

D. Prior nonconforming uses. Owners or possessors of real property on which a building was located or trees, shrubs or other flora were growing at the time this article became effective and which did cast a shadow during the designated hours greater than that permitted by this section shall not be subject to the provisions of this section, except for meeting the limitations specified below. A prior nonconforming building, tree, shrub or other flora shall not be exempt from the provisions of this article after:

(1) For buildings, it is destroyed to the extent that its fair market value is reduced by at least 50%.

(2) For trees, shrubs or other flora, it is certified dead by a tree surgeon or a specialist in landscaping.

E. This section shall not he construed to limit other means of terminating or regulating nonconforming uses specified in Article VII, §§ 118-53 and 118-54 of this chapter.

A. The installation of any wind energy conversion system (WECS) shall be required to comply with the provisions of § 118-18, Site development plan review process. Also, the following additional information shall be supplied by the applicant:

(1) The name and address of the applicant.

(2) Evidence that the applicant is the owner of the premises involved or that the applicant has written permission of the owner to make such an application.

(3) A development plan drawn in sufficient detail to clearly describe:

(a) The property line and physical dimensions of the proposed site.

(b) The location, dimensions and types of existing structures and uses of the site.

(c) The location of the proposed WECS.

(d) The location of all aboveground utility lines on site or within one radius of the total height of the WECS, including the furthest vertical extension of the rotor assembly.

(e) The location and size of the largest structure taller than 35 feet or any tree which may potentially grow taller than 35 feet during the lifetime of the WECS within a radius of 500 feet of the proposed WECS.

(f) Where applicable, the location of all transmission facilities proposed for installation.

(g) Where applicable, the location of all road and other service structures proposed as part of the installation.

B. The installation of all wind energy conversion systems (WECS) shall comply with the following requirements:

(1) Size. This section covers those WECS whose swept area is 500 square feet or less. For conventional propeller WECS, this would be a diameter of approximately 25 feet.

(2) Compliance with the New York State Building and Construction Code. Site plan review applications shall be accompanied by standard drawings of the structural components of the WECS and support structures, including base and footings. The application shall also include engineering data and calculations to demonstrate compliance of the support structure with seismic and structural design provisions of the Building Code. Drawings and engineering calculations shall be certified in writing by a New York State registered engineer. All equipment and materials shall be used or installed in accordance with such drawings. The above certifications by a registered engineer shall be deemed to satisfy all applicable requirements of the Building Code.

(3) Compliance with National Electrical Code. Site plan review applications shall be accompanied by a drawing identifying the location of metering, protection and control devices and transformer equipment in sufficient detail to allow for a determination that the manner of installation will conform to Articles 250 (Grounding), 280 (Surge Arresters), 300 (Wiring Methods), 310 (Conductors for General Wiring), 430 (Motors), 445 (Generators) and 450 (Transformers and Transformer Vaults) of the National Electrical Code. The application shall include a statement from a New York State registered engineer indicating that the electrical system conforms to good engineering practices and complies with the above articles of the National Electrical Code. All equipment and materials shall be used or installed in accordance with such drawings and diagrams. The above certification by a registered engineer shall be deemed to satisfy all applicable requirements of the National Electrical Code.

(4) Rotor safety. Each WECS must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a New York State registered engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer should also certify the compatibility of towers with available rotors.

(5) Guy wires. Anchor points for guy wires shall be located within property lines and not on or across any aboveground electric transmission or distribution line. Guy wires shall be enclosed by a fence six feet high, or the wind energy conversion systems (WECS) shall be set back from the property line the total height of the WECS.

(6) Tower access. Lattice towers capable of being climbed shall be enclosed by a locked, protective fence at least six feet high. Other towers should have either tower-climbing apparatus located not closer than 12 feet from the ground; a locked anticlimb device installed on the tower; or the tower shall be completely enclosed by a locked, protective fence at least six feet high.

(7) Electromagnetic interference. A WECS shall comply with the provisions of 47 CFR 15 and 18. The WECS shall be operated such that no harmful interference is caused. When notified by the Building Inspector that a WECS is causing harmful interference, the operator shall promptly take steps to eliminate the harmful interference.

(8) Signs. At least one sign shall be posted at the base of the tower warning of high voltage. The sign shall also include:

(a) An emergency phone number.

(b) Emergency shutdown procedures.

(c) The name, address and telephone number of the tower owner.

(9) Utility notification. No wind turbine shall be interconnected with a utility company’s grid until said company has been notified and written approval has been received from said utility company.

(10) Height. The minimum height of the lowest part of the WECS shall be either 30 feet above the highest structure allowed under the local zoning requirement or potential tree height, whichever is higher, if it is within a radius of 200 feet. If an obstruction is within a radius of 201 to 500 feet, the lowest parts of the WECS shall be 10 feet above it.