[HISTORY: Adopted by the Town Board of the Town of Parma 9-12-1985. Amendments noted where applicable.]
The purpose of this chapter is to regulate the construction and installation of towers and antennas, and other similar equipment or devices as herein defined, so as to protect the health, safety and welfare of the residents of the Town of Parma and, to every extent possible, control the same so as to preserve and protect the aesthetic qualities of properties within the town.
As used in this chapter, the following terms shall have the meanings stated:
- DISH ANTENNA
- Includes any parabolic dish, portable or permanent, or any assembly of materials, equipment or devices, regardless of geometric shape, which are designed or used for the purpose of sending or receiving communication signals, including but not limited to broadcast, citizens band, frequency modulation, microwave, shortwave or television, and includes those devices commonly called "satellite antennas."
- Any material or assembly of materials that is erected in a manner to constitute a pole, tower, antenna or other structure, whether attached to or on a building, whether freestanding or guyed, designed and/or used for the support of any device for the transmission or reception of communication signals, including but not limited to broadcast, citizens band, frequency modulation, microwave, shortwave or television or for wind direction/speed indicators or for personal observation.
No person shall cause, suffer or permit the erection and/or maintenance of a tower or dish antenna upon any lands within the Town of Parma unless in conformity with the provisions herein set forth.
The following provisions are applicable to all districts for towers and tower antennas for size and location:
Size. No tower erected or maintained within the Town of Parma shall exceed 50 feet in height, measured from the average ground surface immediately surrounding the site of the tower. Measurements of height shall include any antennas, extensions or other devices extending above the structure of the tower itself and, in the case of roof mounted antennas, shall include the height of the structure upon which it is mounted.
No more than one tower shall be located on any lot and shall be located in the rear yard at ground level, unless it is mounted on the roof of the principal structure on the lot.
No tower shall be constructed, erected or maintained, except as an accessory structure to an existing one-family dwelling or commercial or industrial structure on the same lot.
No tower shall be located on any lot unless located so as to have a rear and side lot line setback equal to the height of the tower. Measurements of side and rear lot line setbacks shall be taken at the base of the tower structure at ground level.
No portion of the support system for any tower, such as guy anchors or poles, shall be within 10 feet of the side or rear boundaries of the lot.
In the case of roof-mounted towers or tower antennas, the maximum height above the roof shall not exceed the distance from the base of the tower to the nearest edge of the building upon which it is mounted.
No tower shall be installed unless approval has been granted by the Planning Board of the Town of Parma, as hereinafter provided, and a building permit obtained therefor.
Minor antennas of a type commonly mounted on residential structures, chimneys or rooftops and not exceeding five feet in height, width, depth or circumference shall not be subject to these regulations, provided that there is only one installed per lot or plot.
The following provisions are applicable to all districts for dish (satellite) antennas for size and location.
Size. No dish or satellite antenna erected or maintained within the Town of Parma shall exceed, in any dimension, 14 feet in height, width or depth. All measurements of height shall be taken from the base at ground level. All measurements shall include all attachments, supports, guy wires and other equipment attached to or being a part of the antenna. No part of the dish or satellite antenna (except for footings or foundations or buried wire) shall be located below ground level.
No more than one dish or satellite antenna shall be located on any lot and shall be located in the rear yard at ground level.
No dish or satellite antenna shall be constructed, erected or maintained except as an accessory structure to an existing one-family dwelling or commercial or industrial structure on the same lot.
All dish or satellite antennas shall be located at least 10 feet from the side and rear lot lines or at a distance equal to the height of the antenna plus six feet, whichever is greater. When measuring side and rear setbacks, all cables, guy wires or other supports shall constitute a part of the antenna.
No dish or satellite antenna shall be installed unless approval of the same has been granted by the Planning Board of the Town of Parma, as hereinafter provided, and a building permit obtained therefor.
Review by Planning Board. The Planning Board of the Town of Parma is hereby designated and empowered to review and pass upon all applications for construction and/or installation of dish antennas and towers within the Town of Parma.
Application required. All applicants for permits to construct dish or satellite antennas and/or towers within the Town of Parma shall make written application therefor to the Planning Board. The application shall include, but not be limited to, the following:
Specific site data placed on a map, acceptable in form and content to the Planning Board, which shall be prepared to scale and in sufficient detail and accuracy so as to accurately depict the placement of all component parts of the antenna or tower (including any guy wires or enclosures) in relation to:
The location of property lines and permanent easements.
The location of all structures on the site and all structures on any adjacent property 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 existing in the rear yard area.
The location, nature and extent of any proposed fencing, buffering, plantings or other screening measures, if any.
Determination of Planning Board.
The Planning Board shall review and consider the application and shall determine whether or not the proposed antenna or tower will:
In any way adversely affect the public health, safety and welfare.
Interfere with the reasonable use and enjoyment or aesthetics of abutting properties.
Be keeping in character with the use of abutting properties.
Impose a possibility of danger or detriment to abutting properties.
Generate an excessive amount of noise.
The Planning Board, in granting any approval, may require the applicant to provide adequate or suitable screening, fencing, anticlimb protection or other protective measures as it deems necessary or prop to reduce or eliminate aesthetic or safety concerns.
In making its review, the Planning Board may seek the advice and opinion of any other board, agency, firm or individual it deems necessary.
If approved by the Planning Board, the applicant shall apply to the Building Department for a permit to construct or erect the antenna or tower. Prior to issuance of a building permit, the applicant shall submit verification of all FCC, NEC, FAA and other federal, state or local permits or approvals which may be required for the project.
Upon completion of the construction or installation, the applicant shall submit to the Building Department a certification that the project as completed is in full compliance with the plans, specification design data and permit conditions as approved by the Planning Board and the code enforcement official.
Fees for such review, approval and permits shall be as established by the Town Board pursuant to Article XVIII, § 165-132, of the Code of the Town of Parma.