Springville City Zoning Code
ARTICLE XVI
Satellite Antennas
§ 200-110 Purpose.
The Village of Springville has become concerned about the appearance and impact of satellite antennas, also commonly referred to as "dish antennas." Unless regulated, such antennas can be installed in an unsafe and aesthetically unpleasant manner with an adverse impact on the inhabitants of the Village and on surrounding properties. The intent and purpose of this article is to establish a procedure and criteria to avoid the adverse impacts of the installation of such antennas and to preserve the character, beauty and general welfare of the Village.
§ 200-111 Definitions.
As used in this article, the following terms shall have the meanings ascribed thereto:
Any parabolic dish or other antenna apparatus or device having a nominal diameter greater than one meter in a Residence District or greater than two meters in any other zoning district which is designed to receive television, radio, microwave or other electronic signals or combinations thereof from a transmitter relay located in outer space.
[Amended 2-5-1996 by L.L. No. 1-1996; 6-3-1996 by L.L. No. 5-1996]
In the case of a television antenna, a satellite signal which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television or by way of cable television.
§ 200-112 Applicability of zoning regulations.
A satellite antenna shall be in all respects considered an accessory structure and, except as otherwise provided in this article, shall be subject to all the zoning regulations contained in this chapter.
§ 200-113 Building permit required; placement of antenna.
No person shall cause, suffer or permit the erection and/or maintenance of a satellite antenna except as set forth in this article.
A.
Any such antenna shall be considered an accessory structure requiring a building permit and, as such, shall not be located forward of the rear wall of the main structure on the lot. No satellite antenna nor any of its cables, guy wires, supports or any other aboveground appurtenances shall be built, erected or maintained nearer than 10 feet to the side or rear lines of the lot upon which it is located. On any corner lot, no satellite antenna nor any of its aboveground appurtenances shall be built, erected or maintained nearer the street line than is allowed for other structures.
B.
An application for a building permit shall be made to the Code Enforcement Officer by the owner of the parcel of land upon which it is to be placed. The application shall contain the name of the manufacture of the satellite antenna, its model number, its dimensional and performance specifications and the manufacturer's installation requirements. Plans and sketches shall be submitted by the owner of the premises only and shall show the location of all physical improvements on the subject premises, the proposed location of the antenna and any new fencing or landscaping to be used for screening. The plans and sketches shall show lot measurements and distances from all lot lines and structures. The applicant shall also present any documentation of the possession of any required licensing by the federal, state or local government.
§ 200-114 General requirements.
The following requirements apply to the installation and maintenance of satellite antennas in all zoning districts:
A.
No installation shall be allowed over, under or upon land affected by a public or private easement.
B.
The diameter of such satellite antenna shall not exceed 12 feet along its longest axis, and the height of such antenna above natural ground level shall not exceed 15 feet at its maximum height.
C.
The color of such installation shall be in solid earth tones of beige, brown, black, grey or green, and said color tones shall be maintained in such character during the existence of said satellite antenna under the permit.
D.
To the extent consistent with its ability to receive a usable satellite signal, a satellite antenna shall be located and designed to reduce or eliminate its visibility from surrounding properties at street level and from public streets. Nothing in this article, however, shall be construed to permit a fence or other screening structure or vegetation that is otherwise prohibited by the Code of the Village of Springville.
E.
All installations shall be accomplished under the permit in a good, workmanlike manner and shall be so installed as to give reasonable assurance of the absence of potential hazard resulting from wind, electrical or other factors giving rise to an unsatisfactory safety condition.
F.
Satellite antennas shall meet the manufacturer's installation specifications and shall be of noncombustible and corrosive-resistant material and be erected in a secure, wind-resistant manner.
G.
Every satellite antenna must be adequately grounded for protection against a direct strike of lightning.
H.
No such antenna may be located on any trailer or other portable device.
I.
Lettering or symbols or other pictorial matter placed on any part of a satellite antenna or structure may consist only of the manufacturer's identification, which shall be of a size not to exceed a total area of two square feet.
J.
Abandonment or removal of an antenna shall require that all components, including the foundation, structure and equipment connected therewith, be removed. The Village of Springville shall be notified within 10 days of abandonment and/or completion of such removal.
K.
All satellite antennas, supports, attachments and the installation thereof shall comply with applicable provisions of the New York State Uniform Fire Prevention and Building Code and the manufacturer's specifications.
L.
No more than one satellite antenna shall be allowed per detached single-family unit, duplex or triplex. Other dwellings, including condominiums, townhouses and apartment buildings containing four or more attached living units, and commercial or industrial buildings shall be allowed no more than two satellite antennas.
§ 200-115 District and dealer regulations.
A.
No satellite antenna may be installed above or mounted on or attached to any building or tower or other structure in any residence district, but it shall be installed freestanding on the ground at natural ground level.
B.
A satellite antenna may be mounted on or attached to a building in a Village Business, Village Industry or Commercial-Industrial Park District, but its height may not exceed 15 feet above the highest point on the building's roof.
C.
A place of business dealing with the sale and service of satellite antennas may have a maximum of three such antennas outside a building on the premises where such business is actually conducted. All such antennas must be installed and maintained in accordance with the other provisions of this chapter, except that no permit fee is required for a satellite antenna specifically installed for demonstration purposes as part of such business.
§ 200-116 Preexisting uses.
Any satellite antenna lawfully installed and operating prior to the effective date hereof, if in compliance with existing law but not in compliance with any provisions added by this article, shall, to that extent, be deemed a nonconforming use.
§ 200-117 Inspections.
The Code Enforcement Officer shall inspect every satellite antenna within the Village at least every five years, including those in existence prior to the effective date hereof, and shall take appropriate enforcement action with regard to any such antenna found in violation of any applicable law or regulation.
§ 200-118 Variances.
The Zoning Board of Appeals may, in appropriate cases, grant variances from the strict application of the provisions of this article in accordance with Article XI of this chapter.