Sidney Village City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 215-15 Off-street parking.
A minimum number of parking spaces shall be provided and satisfactorily maintained by the owner of the property for each building erected, enlarged, altered or changed in use as follows:
Dwelling: 1 1/2 parking spaces for each dwelling unit in the building or buildings.
Hotel, motel, lodging or rooming houses: one parking space for each guest sleeping room.
Tourist homes and bed-and-breakfasts: two parking spaces, plus one for each room available.
Stores, offices and all other uses not otherwise specified: one parking space for each 200 square feet of gross floor area.
Industrial: one parking space for each 400 square feet of gross floor area or for each five workers.
Retail gasoline outlets: four parking spaces for each working stall or wash rack.
Churches, restaurants and other places of assembly: one space for each three occupants based on maximum occupant load.
All parking spaces provided pursuant to this section shall be on the same lot as the building, except that the Planning Board may permit the parking spaces to be on any lot within 500 feet of the building if it determines that it is impractical to provide parking on the same lot as the building. As a minimum, parking areas shall be constructed of a twelve-inch gravel layer and single surface treatment of asphalt for stabilization. Each parking area shall be independently accessible.
The required front yard shall not be used for storage or parking of any boat, travel trailer, motor home, snowmobile, motorcycle, nonmotorized trailer, automobile, truck, or other motor vehicle or similar equipment, except that the driveway may be used for intermittent parking of properly licensed automobiles, trucks, motorcycles, or motor homes or unlicensed but operable vehicles with a valid permit issued in accordance with Chapter 150 of the Code of the Village of Sidney and provided they are otherwise permitted to be parked in a residential zone (i.e., not trailer tractor, large truck, etc.).
For the purpose of this section, "driveway" is defined as a roadway or aisle approximately perpendicular to the street providing a means of access from a street to a property or off-street parking area or providing an off-street parking area.
Construction requirements. Driveways in residential areas shall be a maximum of 24 feet wide at the front property line and extending to the street and a maximum of 30 feet wide or 33% of the property frontage (whichever is less) measured parallel to the street in the required front yard area. Driveways shall not be in front of the dwelling structure. They may however be in front of any garage entrance area or beyond the side limits of the dwelling or garage structure. As a minimum, driveways shall be constructed of a six-inch layer of gravel in the front yard area and a minimum of 10 inches of gravel and two inches of plant mix asphalt pavement in the sidewalk and apron (between sidewalk and street) areas. Where no sidewalk exists, this shall be a minimum of four feet back from the edge of the roadway. All driveways shall comply with the above pavement structure requirements by November 1, 2005.
Vehicles parked in the driveway portion of the required front yard shall be parked in the line of the driveway (approximately perpendicular to the street).
Multiple driveways. The combined width of multiple driveways shall not exceed the width restriction of 30 feet or 33% in the required front yard area.
Exceptions:
New driveways in front of the dwelling or existing driveways in front of the dwelling that do not meet the minimum construction requirements as to graveling and paving at the time of adoption of this section. New driveways in front of the dwelling or existing driveways in front of the dwelling that do not meet the minimum construction requirements as to graveling and paving at the time of adoption of this section may, with a special permit issued by the Village Planning Board, extend up to 10 feet in front of the dwelling structure if it is impractical to provide it elsewhere. The driveway must still comply with the width restriction of 30 feet or 33%.
Existing driveways in front of dwelling meeting minimum construction requirements. Existing driveways meeting minimum construction requirements as to graveling and paving at the time of adoption will be considered to be in compliance with this Code even if the driveway extends in front of the dwelling structure more than 10 feet, provided the total width of the driveway complies with the restriction of 30 feet or 33%.
Front yard parking in existence prior to June 24, 1985. Front yard parking which has been in use since June 24, 1985, and to the extent that it was established prior to that date, shall be considered acceptable as to location and width but shall comply with the construction requirements as outlined in Subsection E above.
Front yard parking on approved site plans. A driveway or parking area in the front yard that is shown on an approved site plan shall be considered acceptable as to location and width but shall comply with the construction requirements as outlined in Subsection E above. (NOTE: For further development of an existing driveway that does not meet construction requirements and exceeds the ten-foot encroachment in front of the dwelling or for new driveways that are proposed to encroach upon this area in excess of 10 feet, see § 215-25 for area variance and procedures.)
Driveway permit required. A permit is required for initial driveway paving or construction or widening of a driveway. Permits are not required for resurfacing a driveway. Permits shall be applied for on forms provided by the Village Code Enforcement Officer and shall include a dimensioned sketch of the front yard area showing proposed and existing features. The fee for this permit shall be $15.
§ 215-16 Nonconforming buildings and uses.
The lawful use of any building or land existing at the time of the enactment of this chapter may be continued although such use does not conform with the provisions of this chapter.
Unsafe structures. Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.
Alterations. A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding, in aggregate cost, 75% of the full market value of the building unless such building is changed to a conforming use.
Extension. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building which existed prior to the enactment of this chapter shall not be deemed the extension of such nonconforming use.
Construction approved prior to adoption or amendment of this chapter. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and for which the excavation has been prepared and the foundation walls constructed when this chapter or any amendment hereto takes effect; provided, however, that the construction must be completed within one year from such date.
Restoration. No building damaged by fire or other causes to the extent of more than 75% of its fair market value shall be repaired or rebuilt except in conformity with the regulations of this chapter.
Abandonment. Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to a use of the same or higher classification, and when so changed to a higher classification, such use thereafter shall not be changed to a lower classification.
Displacement. No nonconforming use shall be extended to displace a conforming use.
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.
§ 215-17 Signs.
The following signs are the only exterior signs permitted in any district:
Agricultural:
One sign, less than 10 square feet, which can be indirectly illuminated if set back more than 10 feet from the street.
No more than two nonilluminated directional signs not more than two square feet in area, each set back at least 10 feet from the street.
No more than one nonilluminated sign painted on a building (e.g., a barn) without area limitation.
Home occupation or professional office in home: one sign to allow naming the home occupation or profession and the proprietor's name and address, with area no more than four square feet, and no more than two square feet each if separate home occupations or professions and name-address signs. The signs may be indirectly illuminated, provided that they are at least 10 feet from the street.
Residential: one sign naming owners and with address no more than two square feet in area, which may be indirectly illuminated if it is at least 10 feet from the street. A separate sign identifying the residence mailbox on said mailbox is allowed.
For sale, rent or lease: one temporary nonilluminated sign not over six square feet in area, located at least 10 feet from any street line, where possible. Such temporary use shall cease within 10 days after sale or rental is consummated.
Nonagricultural, nonbusiness property use:
Commercial business (including offices and professions):
Total sign area per establishment not to exceed 10% of the area of the sign wall facing the street and in no case more than 40 square feet.
For businesses operating in the open (e.g., gasoline retailing), total sign area limited to no more than one square foot per five feet of street frontage, with a maximum of 40 square feet.
One additional sign of no more than 10 square feet may be painted on an awning shading the front of the business establishment.
No business sign shall be more than three feet above the roof level nor more than 20 feet above the street level, whichever is less.
The use of flashing or signs in motion is prohibited except upon the granting of a special permit by the Planning Board; provided, however, that no public hearing shall be required unless ordered by the Planning Board. Likewise, the Planning Board may dispense with the filing of a site plan but may require a sketch of the proposed location and a drawing or illustration of the proposed sign and specific information as to its operation.
Industrial: one sign facing each street from which access to the site is provided giving the names of the occupants of premises. Any such sign shall not have an area exceeding 40 square feet. The top of any such sign will not be more than 12 feet above the ground level if not on a building and shall not project above the roof if placed on the side of a building. Such signs may be continuously illuminated either directly or indirectly. Necessary directional signs not exceeding five square feet in area 10 feet from the street are allowed. No structural sign shall be permitted on any rooftop without being granted a special permit by the Planning Board.
§ 215-18 Unreasonable nuisances.
No use in any district shall cause unreasonable nuisance adversely affecting adjacent property. This means that objectionable noise, smoke, dust, air or water pollution or any other nuisance must be restrained within property lines.
§ 215-19 Height exceptions.
The height limitations of this chapter shall not apply to:
Spires, belfries, cupolas, domes, etc.: spires, belfries, cupolas and domes not for human occupancy; water towers, monuments, observation towers, transmission towers, chimneys, derricks, conveyers, flagpoles, radio towers, television towers and television aerials, except that no television or radio aerial may be erected whose height above the roof or other permanent structure to which it is attached is greater than the horizontal distance from such aerial or any part thereof to any overhead electric transmission line carrying more than 220 volts.
Manufacturing processes: bulkheads, elevator penthouses, monitors, fire towers, hose towers, cooling towers, water towers, grain elevators or other structures where a manufacturing process requires greater height, provided that such structures above the limiting heights specified in this chapter shall not in aggregate occupy more than 30% of the horizontal area of the roof and are set back one foot from all legally established setback lines for each additional foot in height from the specified height.
Notwithstanding the foregoing, the Village Planning Board, as part of its site plan review and approval, may limit the height of any of the above structures for the purpose of protecting the public health, safety and welfare.
§ 215-20 Additional regulations.
Stripping of topsoil. No topsoil shall be stripped, excavated or otherwise removed for sale or for use other than on the premises from which it shall be taken in connection with the construction or alteration of a building on such premises.
Preexisting nonconforming lots. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Appeals.
Projections.
Unenclosed porches. An unenclosed porch erected on piers, even though roofed, may project into a required front, side or rear yard area a distance not to exceed 12 feet and shall not be considered in the determination of the size of the yards, provided that such porch shall not be closer than four feet to any point of said lot line and not more than one such porch shall project into any required yard.
Other projections. Other portions of a building not requiring foundations, such as bay windows, fire escapes, cornices and eaves, may project into any required yard not more than three feet.
Fences. Fences in residential districts shall be limited to a maximum of four feet high in or along the front yard and six feet in or along the rear yard.
For the purposes of this section, the front yard shall be defined as that portion of the building lot extending from the front lot line to a point 1/2 the depth of the building and the rear yard shall be defined as that portion of the building lot extending from 1/2 the depth of the building to the rear lot line. Fences at the one-half depth line may be up to six feet in height. There shall be no limit to the height of a living fence or hedge in or along the rear yard, including at the one-half depth line.
No setback for fences shall be required from property lines. A building permit to erect a fence shall be required and shall be obtained from the Building Inspector.
In front yard areas, living fences or hedges shall be considered a fence and shall be limited to a maximum of four feet in height.
Clear view at intersections. No obstruction to view in excess of two feet in width and four feet in height (measured perpendicularly from the road grade), except existing buildings, shall be maintained on the premises in the angle formed by intersecting highways, so as to interfere with the view of traffic approaching the intersection within a distance of 75 feet, measured on the center line of the intersecting highway lines.
Garage sales. Garage sales, porch sales, lawn sales, etc., shall be limited to two sales per calendar year, each sale not exceeding two days.
Satellite antennas. A satellite antenna, which is defined herein as a parabolic dish or other antenna or device, the purpose of which is to receive television, radio and/or microwave or other signals from space satellites, may be erected and maintained subject to the following requirements:
A special permit shall be obtained from the Village Planning Board in accordance with § 215-25; provided, however, that no public notice shall be required unless ordered by the Planning Board. Likewise, the Planning Board may dispense with the filing of a site plan but may require a sketch of the proposed location.
The satellite antenna shall not exceed 15 feet in height, width or depth.
The Planning Board shall have the power to designate the exact location of the antenna and to require any landscaping or screening to protect the aesthetic appearance of the area.
No satellite antenna shall be installed on or above any building or structure except in commercial or industrial districts.
§ 215-20.1 Wireless communications facilities.
[Added 2-27-2017 by L.L. No. 1-2017]
General and specific requirements for all wireless communications facilities. The following regulations shall apply to all proposed wireless communications facilities, except those operated by a federally licensed amateur radio operator:
Standard of care. All wireless communications facilities shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code and National Electrical Code. Wireless communications facilities shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Village.
Historic areas. No wireless communications facility may be located upon any property, building, or structure that is listed on either the National or New York Registers of Historic Places (either inside or outside the public rights-of-way), is located in the Sidney Historic District, or that is deemed by the Village to be of specific historical significance.
Wind. All wireless communications facilities shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended).
Aviation safety. Wireless communications facilities shall comply with all federal and state laws and regulations concerning aviation safety.
Public safety communications and other communications services. Wireless communications facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
Radio frequency emissions. Wireless communications facilities shall not, either singly or in conjunction with other wireless communications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
Retention of experts. The Village may hire any consultant(s) and/or expert(s) necessary to assist the Village in reviewing and evaluating the application for approval of the wireless communications facility and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The applicant and/or owner of the wireless communications facility shall reimburse the Village for all costs of the Village's consultant(s) in providing expert evaluation and consultation in connection with these activities.
Removal. In the event that use of a wireless communications facility is discontinued, the owner shall provide written notice to the Village of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned wireless communications facilities, or portions of wireless communications facilities, shall be removed as follows:
Abandoned or unused wireless communications facilities and related equipment shall be removed within 90 days of the cessation of operations at the site unless a time extension is approved by the Village.
If the wireless communications facility or related equipment is not removed within 90 days of the cessation of operations at a site, or within any longer period approved by the Village, the wireless communications facility and/or related equipment may be removed by the Village. All costs paid by the Village are to be reimbursed by the owner of the wireless communications facility or related equipment. As security, the Village reserves the right to the salvage value of any removed wireless communications facility and/or related equipment, if such wireless communications facility and/or related equipment are not removed by the owner within the specific timeframe enumerated in this chapter.
The site shall be returned to its original condition upon removal of any wireless communications facility or related equipment.
Insurance. Each entity that owns or operates a communications antenna or communications tower less than 40 feet in height shall provide the Village with a certificate of insurance, naming the Village as an additional insured, and evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications antenna. Each entity that owns or operates a communications tower greater than 40 feet in height shall provide the Village with a certificate of insurance naming the Village as an additional insured, and evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the communications tower.
Indemnification. Each entity that owns or operates a wireless communications facility shall, at its sole cost and expense, indemnify, defend and hold harmless the Village, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the wireless communications facility. Such entity shall defend any actions or proceedings against the Village in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a wireless communications facility. The obligation to indemnify, hold harmless and defend includes, but is not limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
The wireless communications facility shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Village's residents.
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
Removal, replacement and modification.
To the extent permitted by law, the removal and replacement of wireless communications facilities and/or related equipment for the purpose of upgrade or repair is permitted, so long as such repair or upgrade does not substantially change the overall size of the wireless support structure or the numbers of communications antennae.
To the extent permitted by law, any material modification to a wireless communications facility or site shall require notice to be provided to the Village, and possible supplemental permit approval to the original permit or authorization.
Communications antennae falling under the FCC's October 2014 Report and Order. In addition to the regulations enumerated in § 215-20.1A, the following regulations shall apply to communications antennae that fall under the FCC's October 2014 Report and Order:
Permit required. Communications antenna applicants proposing changes to an existing communications tower, which do not substantially change the dimensions of the existing wireless support structure or otherwise fall under the FCC's October 2014 Report and Order, shall obtain a building permit from the Village. In order to be considered for such a permit, the applicant must submit a permit application to the Village in accordance with applicable permit policies and procedures.
Timing of approval for applications. The timing of all applications submittals, responses, and conditions shall comply with federal timeframes set by the FCC.
Communications antennae that do not fall under the co-location provisions of the FCC's 2014 Report and Order. In addition to the regulations enumerated in § 215-20.1A, the following regulations shall apply to communications antennae that do not fall under the provisions of the FCC's October 2014 Report and Order:
Prohibited on certain structures. No communications antenna shall be located on single-family residences, duplexes, or townhomes.
Permitted in all zoning districts pursuant to regulations. Communications antennae are permitted pursuant to this zoning ordinance in all zoning districts, so long as they comply with all of the terms and conditions set forth herein.
Permit fees. The Village may assess appropriate and reasonable permit fees directly related to the Village's actual costs in reviewing and processing the application for approval of a communications antenna, as well as related inspection, monitoring and all other related costs.
Development regulations. To the extent technologically feasible, communications antennae shall be co-located on existing wireless support structures subject to the following conditions:
The total height of any wireless support structure and mounted communications antenna shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.
In accordance with industry standards and where permitted by state and federal law, all communications antenna applicants must submit documentation to the Village justifying the total height of the communications antenna. Such documentation shall be analyzed in the context of such justification on an individual basis.
If the applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district, and landscaping shall be required to screen as much of the equipment building as possible. An evergreen screen shall surround the site, and be reviewed for approval by the Village of Sidney Planning Board.
Security fence. A security fence with a maximum height of eight feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building, or any structure housing related equipment, shall not interfere with the parking or vehicular circulations on the site for the principal use.
Noncommercial usage exemption. Village residents utilizing satellite dishes and antennae for the purpose of maintaining television, phone, radio and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of the Zoning Ordinance. Amateur radio operators are exempt from the regulations enumerated in this section.
Design regulations. Communications antennae shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Village.
Inspection. The Village reserves the right to inspect any communications antenna to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Village Code or state or federal law. The Village and/or its agents shall have the authority to enter the property upon which a communications antenna is located at any time, upon reasonable notice to the operator, to ensure such compliance.
Communications antennae located in the public rights-of-way. In addition to the regulations enumerated in § 215-20.1A, the following regulations shall apply to communications antennae located in the public rights-of-way:
Co-location. Communications antennae in the ROW shall be co-located on existing infrastructure, such as existing utility poles or light poles. If co-location is not technologically feasible, the applicant, with the Village's approval, shall locate its communications antennae on existing poles or freestanding structures that do not already act as wireless support structures.
Permitted in all zoning districts pursuant to regulations. Communications antennae are permitted pursuant to this Zoning Ordinance in all zoning districts, so long as they comply with all of the terms and conditions of this Zoning Ordinance.
Special use approval required. Any applicant proposing the construction of a new communications antenna, or modification of an existing communications antenna, shall first obtain special use authorization from the Village. New constructions, modifications, and replacements that fall under the FCC's October 2014 Report and Order shall be not be subject to the special use process. The special use application, and accompanying documentation, shall demonstrate that the proposed facility complies with all applicable provisions in the Village of Sidney Zoning Ordinance.
Design requirements:
Communications antenna installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
Communications antennae and related equipment shall be treated with stealth technology by the communications antenna owner or applicant to match the wireless support structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
Time, place and manner. The Village shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications antennae in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Village.
Equipment location. Communications antennae and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Village. In addition:
Ground-mounted related equipment shall be located between the sidewalk and the curb. For reasons of safety and aesthetics, such equipment shall neither protrude onto the curb, nor obstruct the sidewalk.
Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Village.
Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Village.
Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner within 10 days of notification.
Relocation or removal of facilities. Within 90 days following written notice from the Village, or such longer period as the Village determines is reasonably necessary or such shorter period in the case of an emergency, the owner of a communications antenna in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications antenna when the Village, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
The construction, repair, maintenance or installation of any Village or other public improvement in the right-of-way;
The operations of the Village or other governmental entity in the right-of-way;
Vacation of a street or road or the release of a utility easement; or
An Emergency as determined by the Village.
General and specific requirements for all communications towers. The following regulations shall apply to all communications towers, excluding any communications tower that is owned and operated by a federally licensed amateur radio operator.
Notice. Upon submission of an application for a communications tower and the scheduling of the mandatory public hearing in front of the Village Planning Board, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the Village.
Special use authorization required. Communications towers are permitted by special use in certain zoning districts, at a height necessary to satisfy their function in the applicant's wireless communications system. No applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The applicant shall demonstrate that the proposed communications tower is the minimum height necessary for its service area.
Prior to the Village Planning Board's consideration of a special use application authorizing the construction and installation of a communications tower, it shall be incumbent upon the applicant for such special use approval to prove to the reasonable satisfaction of Village Planning Board that the applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, communications antennae, and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The applicant shall further demonstrate that the proposed communications tower must be located where it is proposed in order to serve the applicant's service area and that no other viable alternative location exists.
The special use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the applicant, the power in watts at which the applicant transmits, and any relevant related tests conducted by the applicant in determining the need for the proposed site and installation.
The special use application shall be accompanied by documentation demonstrating that the proposed communications tower complies with all state and federal laws and regulations concerning aviation safety.
Where the communications tower is located on a property with another principal use, the applicant shall present documentation to the Village Planning Board that the owner of the property has granted an easement for the proposed communications tower and that vehicular access will be provided to the facility.
The special use application shall be accompanied by documentation demonstrating that the proposed communications tower complies with all applicable provisions in this section.
Engineer inspection. Prior to the Planning Board's issuance of a permit authorizing construction and erection of a communications tower, a structural engineer registered in New York shall issue to the Village a written certification of the proposed communications tower's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the special use proceedings before the Village Planning Board, or at a minimum, be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.
Visual appearance. Communications towers shall employ stealth technology. All communications towers and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Village Planning Board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district and/or surrounding area involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and construction principles, practices and techniques. Any utilities extending to the communications tower shall be placed underground.
Co-location and siting. An application for a new communications tower shall demonstrate that the proposed communications tower cannot be accommodated on certain parcels owned by the Village of Sidney that is included on a list maintained by the Village, or on an existing wireless support structure. The Village Planning Board may deny an application to construct a new communications tower if the applicant has not made a good faith effort to mount the communications antenna on an existing structure or municipal property. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter-mile radius of the site proposed, sought permission to install a communications antenna on those structures, buildings, and towers and was denied for one of the following reasons:
The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
Permit required for modifications. To the extent permissible under applicable state and federal law, any applicant proposing the modification of an existing communications tower, which results in a Substantial Change to such wireless support structure or site, shall first obtain a building permit from the Village. Nonroutine modifications shall be prohibited without such permit.
Gap in coverage or capacity. An applicant for a communications tower must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of communications tower being proposed is the least intrusive means by which to fill that gap. The existence or nonexistence of a gap in wireless coverage or capacity shall be a factor in the Planning Board's decision on an application for approval of communications tower.
Additional communications antennae. As a condition of approval for all communications towers, the applicant shall provide the Village with a written commitment that it will allow other service providers to co-locate communications antennae on communications towers where technologically and economically feasible. To the extent permissible under federal and state law, the owner of a communications tower shall not install any additional communications antennae without obtaining the prior written approval of the Village.
Height. Any communications tower shall be designed at the minimum functional height. The maximum height of any new communications tower outside the public rights-of-way shall be 100 feet. Communications towers in the ROW shall not exceed a height comparable to the average height of utility poles or electrical poles within a two-block radius of the proposed facility.
Related equipment. Either a single-story wireless communications equipment building not exceeding 250 square feet in area, or up to five metal boxes not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment, may be located on the site for each unrelated company sharing space on the communications tower.
Signs. All communications towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the communications tower shall be those required by the FCC, or any other federal or state agency.
Lighting. No communications tower shall be artificially lighted, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Village Manager. Lighting shall not impose on any existing properties.
Noise. Communications towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Village Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
Retention of experts. The Village may hire any consultant and/or expert necessary to assist the Village in reviewing and evaluating the application for approval of the communications tower and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The applicant and/or owner of the communications tower shall reimburse the Village for all costs of the Village's consultant(s) in providing expert evaluation and consultation in connection with these activities.
Timing of approval. Within 30 calendar days of the date that an application for a communications tower is filed with the Village, the Village shall notify the applicant in writing of any information that may be required to complete such application. All applications for communications towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such communications towers and the Village shall advise the applicant in writing of its decision.
Nonconforming uses. Nonconforming communications towers which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section.
Permit fees. The Village may assess appropriate and reasonable permit fees directly related to the Village's actual costs in reviewing and processing the application for approval of a communications tower, as well as related inspection, monitoring, and related costs.
FCC license. Each person that owns or operates a communications tower over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
Financial security. Prior to receipt of a zoning permit for the construction or placement of a communications tower, the applicant shall provide to the Village financial security sufficient to guarantee the construction of the communications tower. Said financial security shall remain in place until the communications tower is fully constructed. Should the communications tower be abandoned by the owner and/or operator, and not removed within two months of such abandonment, the Village shall have the authority to remove the communications tower and sell all of its pieces, as well as related equipment, used in the operation of the communications tower, in order to recover the cost of said removal and returning the site to its original condition.
Communications towers outside the public rights-of-way. In addition to the regulations enumerated in § 215-20.1A and E, the following regulations shall apply to communications towers located outside the public rights-of-way:
Development regulations.
Communications towers shall not be located in, or within 75 feet of, an area in which all utilities are located underground.
Sole use on a lot. A communications tower shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum size specifications set forth in the Village Zoning Code.
Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the communications tower and guy wires, the equipment building, security fence, and buffer planting if the proposed communications towers is greater than 40 feet in height.
Minimum setbacks. The minimum distance between the base of a communications tower and any adjoining property line or street right-of-way line shall be equal to 100% of the height of the communications tower. The underlying lot must be large enough to accommodate related equipment, stormwater runoff mechanisms, and all other features typically found within the immediate area of a communications tower.
Design regulations.
The communications tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the applicant shall be subject to the approval of the Village Planning Board.
Any proposed communications tower shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's communications antennae and comparable communications antennae, for the maximum amount of future users based on the size of the proposed communications tower.
Any communications tower over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.
Surrounding environs.
The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the communications tower shall be preserved to the maximum extent possible.
The applicant shall submit a soil report to the Village complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document and verify the design specifications of the foundation of the communications tower, and anchors for guy wires, if used.
Fence/screen. A security fence with a maximum height of eight feet shall completely surround any communications tower greater than 40 feet in height, as well as guy wires, or any building housing related equipment.
Related equipment.
Ground-mounted related equipment associated to, or connected with, a communications tower shall be placed underground or screened from public view using stealth technologies, as described herein.
All related equipment shall be architecturally designed to blend into the environment in which it is situated and shall meet the minimum setback requirements of the underlying zoning district.
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to communications towers. The access road shall be a dust-free all-weather surface for its entire length (i.e., oil and stone or paved). Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the communications tower owner shall present documentation to the Village that the property owner has granted an easement for the proposed facility.
Parking. For each communications tower greater than 40 feet in height, there shall be one off-street parking space.
Inspection. The Village reserves the right to inspect any communications tower to ensure compliance with the Zoning Ordinance and any other provisions found within the Village Code or state or federal law. The Village and/or its agents shall have the authority to enter the property upon which a communications tower is located at any time, upon reasonable notice to the operator, to ensure such compliance.
Communications towers inside the public rights-of-way. In addition to the regulations enumerated in § 215-20.1A and E, the following regulations shall apply to communications towers located in the public rights-of-way.
Location and development standards.
Communications towers in the ROW shall not exceed a height comparable to the average height of utility poles or electrical poles within a two-block radius of the proposed facility. Communications towers are prohibited in areas in which all utilities are located underground.
Communications towers shall not be located in the front facade area of any structure.
Communications towers shall be permitted along certain roads by special use throughout the Village, regardless of the underlying zoning district. A listing of such roads is kept on file at the Village Zoning Office and is adopted via resolution of the Village Board.
Time, place and manner. The Village shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications towers in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Village and the requirements of the Public Utility Code.
Equipment location. Communications towers and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Village. In addition:
Ground-mounted related equipment shall be located between the sidewalk and the curb. For reasons of safety and aesthetics, such equipment shall neither protrude onto the curb, nor obstruct the sidewalk.
Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Village Zoning Board of Appeals.
Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Village Zoning Board of Appeals.
Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner within 10 days of notification.
Design regulations.
The communications tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Village Zoning Board of Appeals.
To the extent permissible under state and federal law, any height extensions to an existing communications tower shall require prior approval of the Village, and shall not violate the provisions described herein.
Any proposed communications towers shall be designed structurally, electrically, and in all respects to accommodate both the applicant's communications antennae and comparable communications antennae the maximum amount of future users based on the size of the proposed communications tower.
Relocation or removal of facilities. Within 90 days following written notice from the Village, or such longer period as the Village determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a communications tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications tower when the Village, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
The construction, repair, maintenance or installation of any Village or other public improvement in the right-of-way;
The operations of the Village or other governmental entity in the right-of-way;
Vacation of a street or road or the release of a utility easement; or
An emergency as determined by the Village.
Reimbursement for ROW use. In addition to permit fees as described in this section, every communications tower in the ROW is subject to the Village's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Village's actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Village. The owner of each communications tower shall pay an annual fee to the Village to compensate the Village for the Village's costs incurred in connection with the activities described above.