[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.]
GENERAL REFERENCES
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:
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.
An apparatus capable of receiving communications from a transmitter
or transmitter relay located in planetary orbit, in excess of two
feet in diameter.
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.
A.
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.
B.
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.
A.
The Building Inspector shall, before approving and issuing said permit,
determine whether or not the proposed antenna and/or its installation
will:
B.
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.
A.
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.
B.
No installations shall be allowed over or upon an easement.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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:
(1)
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:
(a)
The location of property lines and easements.
(b)
The location of all structures on the side and all structures
within 10 feet of the property lines.
(c)
The location of all utility poles, above- and below-ground utility
lines, trees or other natural or artificial structures.
(d)
The location, nature and extent of any proposed fencing, buffering,
plantings or other screening measures, if any, proposed.
(3)
Any other information which the Zoning Board of Appeals deems reasonable
or necessary in order to review the application.
A.
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.
B.
The Zoning Board of Appeals shall review and consider the application
and shall determine whether or not the proposed antenna will:
C.
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.
D.
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.
[Amended 11-10-2020 by L.L. No. 5-2020]
All fees established by the Common Council must be paid at the
time of submission of an application for a permit. A schedule of all
such fees will be available for review in the office of the City Clerk
and in the Building Department.
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.
