Town/Village of East Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Rochester 12-8-1986 by L.L. No. 7-1986 (Ch. 148 of the 1983 Code). Amendments noted where applicable.]
The Village Board of the 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:
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.
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 Village of East Rochester.
[Amended 2-11-1991 by L.L. No. 1-1991]
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 Planning Board.
[Added 3-8-1999 by L.L. No. 1-1999]
Applications for building permits shall be made to the Building Department after a hearing before and based on the approval of the Board of Architectural Review. 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.
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.
[Amended 2-11-1991 by L.L. No. 1-1991]
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.
Notwithstanding the foregoing provisions of Subsections A and B of this section, 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 Planning Board.
[Added 3-8-1999 by L.L. No. 1-1999]
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).
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.
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.
All antennas and the construction and installation thereof shall conform to applicable electrical and building codes.
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.
Every antenna must be adequately grounded for protection against a direct strike of lightning.
The Building Inspector shall, before approving and issuing said permit, determine whether or not the proposed antenna and/or its installation will:
In any way adversely affect the public health, safety or welfare.
Interfere with the reasonable use and enjoyment or aesthetics of abutting properties.
Be in keeping and character with the use of abutting properties.
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 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.