[HISTORY: Adopted by the Board of Trustees
of the Village of Holley 8-26-1987 by L.L. No. 3-1987. Amendments noted where
applicable.]
The Board of Trustees of the Village of Holley,
Orleans County, New York, has become concerned about the appearance
and impact of dish antennas being installed with increasing frequency
within the Village of Holley. After considerable investigation by
the Board of Trustees, it has been determined that as a result of
the design characteristics of dish antennas, they could be installed
in an aesthetically unpleasant manner with adverse impact on surrounding
property values and on the use and enjoyment of surrounding properties.
In addition, it has been determined that unless regulations are established
providing strict guidelines for the construction and installation
of such antennas, their installation could adversely affect the health,
safety and general welfare of the neighbors and their property. The
intent and purpose of this chapter is to establish the procedure and
criteria to avoid such adverse impact by the use and installation
of dish antennas, to preserve the character, beauty and general welfare
of the Village of Holley and to comply with the guidelines recently
set forth by the Federal Communications Commission regarding regulation
of such antennas by local municipalities.
This chapter is intended to apply to any satellite,
parabolic or hemispherical antenna or any other apparatus or device,
commonly known as an “earth terminal antenna,” “earth
terminal,” “earth station,” “satellite communications
antenna,” “satellite antenna,” “microwave
dish antenna,” or “dish antenna,” and including
as a part of such apparatus or device the main reflector, subreflector
feed, amplifier and support structure which is designed for the purpose
of receiving microwave, television, radio, satellite or other electromagnetic
energy signals into or from space, but does not include conventional
television, radio and amateur radio antennas. The device herein regulated
is hereinafter referred to as a "dish."
The following procedures shall apply to the
installation of dish antennas within the Village of Holley:
A.
Building permit required. A building permit must be
obtained from the Village of Holley prior to the use, installation
or operation of a dish within the Village.
B.
Applications for permit. Applications for a building
permit are to be made directly to the Village of Holley Code Enforcement
Officer upon the official forms of the Village. Such forms may be
procured directly from the Code Enforcement Officer or Village Clerk.
All applications submitted shall include a nonrefundable permit fee
of $25 in the form of cash or check and a sketch of the applicant's
property showing the proposed location of the dish thereon. Such sketch
shall also show the location of all streets, highways, sidewalks,
driveways, buildings, landscaping, proximity of neighboring buildings,
sidewalks and driveways, and proposed location of any landscaping
required hereunder. It shall include distances from the proposed dish
location to the above measured in feet.
[Amended 10-12-2004 by L.L. No. 3-2004]
C.
Site plan approval required. Pursuant to § 7-725 of the Village Law of the State of New York, site plan approval by the Planning Board of the Village of Holley is required for all applications prior to the issuance of a building permit. The Planning Board shall have 62 days after receipt of a complete application or after receipt of additional information it has required from the applicant, in which to approve, approve with modifications, or reject the site plan. If site plan approval is not given by the Planning Board within the sixty-two-day period, it will be deemed to have been rejected. The Planning Board shall not be required to conduct a public hearing prior to issuing its decision. In addition to the requirements and criteria set forth in § 194-4 below, the Planning Board shall also consider the following criteria in deciding whether to grant site plan approval:
[Amended 10-12-2004 by L.L. No. 3-2004]
(1)
Whether a hazard to life, limb or property because
of snow, wind or storm may be created by reason of or as a result
of the installation of such antenna.
(2)
Whether a hazard to life, limb or property because
of structural impairment, disassembly or collapse of such antenna
may be created by reason or as a result of its installation.
(3)
Whether solar access may be denied to an abutting
property by the reason of or as a result of the installation of such
antenna.
(4)
The impact of the installation upon the general aesthetic
character, beauty and general welfare of the Village of Holley.
A.
The use, installation or operation of a dish shall be permitted only in a R-l, R-2, C-I or M-1 District as set forth in Chapter 265, Zoning. The use, installation or operation of a dish is strictly prohibited in the L-C District.
B.
Only one dish shall be located on any one lot. For the purpose of this chapter a lot is defined as a minimum building lot as set forth in Chapter 265, Zoning.
C.
Any dish installed shall be of the mesh type only
and of such color as to blend with its surroundings. A solid-material
dish, such as fiberglass or other composite material, is prohibited.
D.
Any dish shall be freestanding and not attached to
any building or structure unless herein provided.
E.
A dish mounted on a trailer or any other portable
unit may be placed on the property for trial use purposes only for
a period not to exceed 30 days in any one calendar year. A special
permit rather than a building permit shall be required prior to the
use and installation of such temporary device on property within the
Village. All other procedures and regulations set forth herein shall
apply to such temporary use, including the required permit fee and
site plan approval. Upon the expiration of the thirty-day period,
the dish, along with all accessories therewith, shall be removed from
the premises.
F.
Subject to the provisions contained herein, a dish shall be located only in the rear yard of any lot. If a usable satellite signal cannot be obtained from such rear yard, a dish may be located in the side or front yard of the property subject to the requirements herein contained and in Chapter 265, Zoning. In the event that a usable satellite signal cannot be obtained by locating the dish in the rear, side or front yard of the property, such dish may be placed on the roof of the dwelling structure, subject to the requirements herein contained.
G.
The construction and installation of the dish is to
conform with all applicable building codes and other regulations or
requirements unless otherwise set forth herein.
H.
A ground-mounted dish shall be properly anchored in
cement and its installation shall be certified by a qualified licensed
installer that such installation was in accordance with the generally
accepted standards for installation of dish antennas.
I.
Any dish installed shall be properly grounded.
J.
Ground-mounted dish antennas shall not exceed a grade
height at their highest point of 15 feet.
K.
In the event that the dish must be installed on the
roof of the property as herein set forth, it shall be installed, if
possible, below the ridgepole of the roof. It shall be firmly mounted
on the roof and anchored in four different directions by supporting
cables. Such roof installation shall be certified by a qualified licensed
installer that such installation was in accordance with the generally
accepted standards for installation of dish antennas. A dish installed
on the roof shall not be mounted or connected in any way to any chimney,
tower or spires.
L.
All wiring between the ground-mounted dish antenna
and a receiver shall be placed beneath the surface of the ground.
M.
No dish shall be placed beneath the surface of the
ground.
N.
No dish shall exceed 12 feet in diameter or width
at its widest point.
O.
A landscaped evergreen planting screen shall be planted around any ground-mounted dish so as to screen it from the view of adjacent lots and public view. The adequacy of such evergreen planting screen shall be determined by the Planning Board as a part of its site plan approval and shall be in conjunction with the landscape requirements of Chapter 265, Zoning.
P.
As and for setback requirements, no dish shall be
installed which is:
[Amended 10-12-2004 by L.L. No. 3-2004]
Where a violation of this chapter is determined
to exist, the Code Enforcement Officer shall serve or caused to be
served by certified mail on the owner of the lot or any person in
possession a notice violation requiring the removal in cure of such
violation within three days after service of such notice. If the violation
is not so removed, the Code Enforcement Officer may take any appropriate
action or proceeding available to enforce compliance hereunder. Any
violation of this chapter shall be subject to the violator to a penalty
of $250 for each such violation, and a separate violation shall be
deemed committed each day that a violation occurs or is committed.
The municipality may take any appropriate action or proceeding in
addition to the aforesaid remedy, including proceeding with any available
remedy to cure such violation.
