[HISTORY: Adopted by the Common Council of the City of Glens Falls at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
Zoning — See Ch. 220.
The Common Council of the City of Glens Falls, New York, has become concerned about the appearance and impact that dish antennas could have on the city. The Common Council 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 and beauty of the city and the general safety and welfare of its citizens.
As used in this chapter, the following terms shall have the meanings indicated:
- DISH ANTENNA
- Satellite antennas, parabolic discs, hemispheric discs or other similar antennas, the purpose of which is to receive television, radio and/or microwave or other similar signals, in excess of two feet in diameter.
- SATELLITE TELEVISION ANTENNA
- An apparatus capable of receiving communications from a transmitter or transmitter relay located in planetary orbit, in excess of two feet in diameter.
- USABLE SATELLITE SIGNAL
- 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 electronic signals from space satellites, except as set forth herein.
No such antenna shall be installed in the city unless a permit and/or approval has been granted as provided herein.
Completed applications for a permit to construct a satellite antenna shall be upon a form provided by the Building Department and shall contain all of the information requested thereon and such information as provided for in the Zoning Board review as set forth under § 173-7B of this chapter.
Completed applications for permits shall be complete and shall be signed by the owner of the property and shall be reviewed by the Building Inspector and, where necessary, the Engineer. If the requirements of this chapter are met, as well as the requirements of Chapter 220, Zoning, and Chapter 109, Fire Prevention and Building Construction, an appropriate permit for construction may be issued by the Building Inspector.
The Building Inspector shall, before approving and issuing said permit, determine whether or not the proposed antenna and/or its installation will:
The Building Inspector, in granting any approval, may require the applicant to provide adequate or suitable screening, fencing, anticlimbing protection or other protective measures as it deems necessary or proper to reduce or eliminate aesthetic or safety concerns.
Any such antenna shall be confined to the rear yard of any parcel of realty, except in multifamily structures where no more than one satellite antenna shall be permitted for each unit on the premises. No more than one satellite antenna shall be located on any lot. On a corner lot, in addition to being confined to the rear yard, the antenna shall not be located nearer than 25 feet to the lot line adjacent to the nearest street line.
No installations shall be allowed over or upon an easement.
The diameter of such dish shall not exceed 12 feet, and the height of such device and its installation apparatus shall not exceed 15 feet at its maximum height, above the roof of the structure, width or depth.
No part of said satellite antenna or its installation apparatus shall be located within 10 feet of the side or rear lines of said lot.
Every effort shall be made to provide under said permit that the color is in solid or earth tones so as to reduce or eliminate aesthetic concerns of the adjoining properties insofar as possible and that said color tones are maintained in such character during the usage of said satellite antenna under this permit. It is the basic requirement that the colors be solid and in black, brown, green, beige or similar muted colors, including solid color mesh construction.
All installations shall be accomplished under the permit in a good, workmanlike manner and shall be installed so as to assure that no safety problems resulting from wind, electric or other factors give rise to an unsatisfactory safety condition.
In the event that a usable satellite signal cannot be obtained by locating the antenna as provided for under § 173-6 of this chapter and that the applicant can show proof that a usable signal can only be obtained in another location on the property, an application for a variance may be requested.
All applicants for variances to construct satellite antennas within the city shall make written application therefor to the Zoning Board of Appeals. The application shall include but not be limited to the following:
Specific site data on a map, acceptable in form and content to the Zoning Board of Appeals, which shall be prepared to scale and in sufficient detail and accuracy so as to depict the placement of all component parts of the antenna, including any guy wires or enclosures, in relation to:
The location of property lines and easements.
The location of all structures on the side and all structures within 10 feet of the property lines.
The location of all utility poles, above- and below-ground utility lines, trees or other natural or artificial structures.
The location, nature and extent of any proposed fencing, buffering, plantings or other screening measures, if any, proposed.
Any other information which the Zoning Board of Appeals deems reasonable or necessary in order to review the application.
After receipt of a completed variance application, the Zoning Board of Appeals shall hold and conduct a public hearing upon the application and shall give 10 days' public notice thereof in the official newspaper of the city. In addition, written notice shall be given to all landowners within 500 feet of the site covered by the application. Prior to the public hearing, the application shall be referred to the City Engineer for review and recommendation.
The Zoning Board of Appeals shall review and consider the application and shall determine whether or not the proposed antenna will:
The Zoning Board of Appeals, in granting any approval, may require the applicant to provide adequate or suitable screening, fencing, anticlimbing protection or other protective measures as it deems necessary or proper to reduce or eliminate aesthetic or safety concerns.
Where there are practical difficulties or unnecessary hardships in the matter of carrying out the strict letter of this chapter, the Zoning Board of Appeals shall have the power, in passing upon any application required herein, to vary or modify any of the regulations or provisions contained herein so that the spirit of this chapter shall be observed, the public safety and welfare secured and substantial justice done.
If the application is approved by the Zoning Board of Appeals, the applicant shall submit and file with the city, prior to the start of construction or prior to use, all Federal Communications Commission, Federal Aviation Administration and other state, federal or local permits or approvals which may be required for the construction of the antenna and shall submit to the city, upon completion of the construction or installation, a certification that the construction or installation as completed is in full compliance with the manufacturer's suggested procedures.
A fee of $25 is established by the city and shall be paid by the applicant at the time of the filing of said application, which fee is designed to reasonably offset the administration costs of administering these code provisions.
A person or corporation which shall violate any provisions 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, upon conviction, be subject to a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both.