[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:
(1) 
Closer than 15 feet to any side or rear lot line at its closest point;
(2) 
Closer than 10 feet to any driveway, sidewalk or building at its closest point;
(3) 
Closer than 15 feet to closest edge of any public street, highway, alley or thoroughfare at its closest point.
[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.