[HISTORY: Adopted by the Governing Body of
the Town/Village of East Rochester 12-8-1986 by L.L. No. 7-1986 (Ch.
148 of the 1983 Code). Amendments noted where applicable.]
The Town/Village Board of Trustees of the Town/Village
of East Rochester has become concerned about appearance and impact
of satellite antennas, commonly referred to as "dish 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 chapter 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 municipality.
As used in this chapter, the following terms
shall have the meanings indicated:
An apparatus capable of receiving communications from a transmitter
or transmitter relay located in planetary orbit.
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 stations or by way of cable television.
No person shall cause, suffer or permit the
erection and/or maintenance of any parabolic dish or other antenna
or device, the purpose of which is to receive television, radio and/or
microwave or other electrical signals from space satellites, except
as set forth herein:
A.Â
Any such antenna shall be considered a 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
shall be built, constructed, erected or maintained nearer than five
feet to the side lines on a thirty-foot-wide lot and seven feet on
a forty-foot-wide lot and, for all other lots greater than 40 feet
in width, no nearer than 10 feet to the side lines or rear line of
the lot upon which it is located nor closer to the front line than
the existing allowable setback of the main building. On any corner
lot, no satellite antenna shall be built, constructed, erected or
maintained nearer the street line than the present allowable existing
distance for other structures thereof or allowable thereon.
B.Â
If these setbacks or the provisions of this chapter
cause unnecessary hardship, an application for a variance may be filed
with the Board of Appeals of the Town/Village of East Rochester.
[Amended 2-11-1991 by L.L. No. 1-1991]
C.Â
Notwithstanding the foregoing, if no adequate signal
can be received by the satellite antenna in a location permitted by
this chapter, the antenna may be sited where otherwise prohibited
with the approval of the Zoning Board of Appeals.
[Added 3-8-1999 by L.L. No. 1-1999;
amended at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[Amended 2-11-1991 by L.L. No. 1-1991; 3-8-1999 by L.L. No.
1-1999; at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)]
Applications for building permits shall be made
to the Building Department after a hearing before and based on the
approval of the Zoning Board of Appeals. Plans and sketches shall
be submitted by the owner of the premises only. Said plan shall show
the location of all physical improvements on the subject premises
and the proposed location of the antenna. Proposed new landscaping
shall be depicted. The applicant shall present documentation of the
possession of any required license by any federal, state or local
agency as provided herein.
A.Â
No installation shall be allowed over or upon an easement
or upon a roof in a residential district, but such installation may
be allowed in a nonresidential district.
B.Â
The diameter of such dish shall not exceed 12 feet,
and the height of such device and its installation shall not exceed
15 feet at its maximum height.
D.Â
The color of such installation shall be in solid earth
tones, and said color tones shall be maintained in such character
during the usage of said satellite antenna under this permit (beige,
brown, green).
E.Â
All satellite television antennas shall be effectively
screened on all sides that do not create an adverse picture reception
by a solid fence, compact evergreen hedge, planting screen or principal
structure. Satellite television antennas shall be located and designed
to reduce or eliminate visibility from surrounding properties at street
level and from public streets.
F.Â
All installations shall be accomplished under the
permit in a good, workmanlike manner and shall be installed so as
to assure no safety problems resulting from wind, electrical or other
factors giving rise to an unsatisfactory safety condition.
G.Â
All antennas and the construction and installation
thereof shall conform to applicable electrical and building codes.
H.Â
Antennas shall meet manufacturer's installation specifications
and shall be of noncombustible and corrosive-resistant material and
be erected in a secure, wind-resistant manner.
I.Â
Every antenna must be adequately grounded for protection
against a direct strike of lightning.
J.Â
The Building Inspector shall, before approving and
issuing said permit, determine whether or not the proposed antenna
and/or its installation will:
A fee as set from time to time by resolution
of the Board of Trustees shall be charged and collected by the Building
Inspector at the time of application for a building permit for a satellite
television antenna.
A person or organization who or which shall violate any provision of this chapter or shall fail to comply herewith or shall violate or fail to comply with any order, rule or regulation made hereunder shall be punished therefor as provided under Chapter 193, Zoning.
[Added 3-8-1999 by L.L. No. 1-1999]
This chapter shall not apply to satellite dishes
and antennas less than one meter in diameter in residential districts
and less than two meters in diameter in commercial or industrial districts.
