[HISTORY: Adopted by the Board of Trustees
of the Village of Shortsville 1-8-2002 by L.L. No. 1-2002. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 95.
The intent of the Board of Trustees in enacting
this chapter is to implement regulations governing the installation
and maintenance of satellite antennas, also known as "dish" antennas,
within the Village of Shortsville, so as to provide for the orderly
installation of such devices consistent with the preservation of the
beauty, character and general welfare of the community.
The Board of Trustees finds that modern technology
has brought about the invention and popularization of electronic devices
to enhance television reception. Such devices are installed outdoors,
where they are visible to surrounding properties and the general public.
The Board finds that it is necessary to provide for the orderly installation
and maintenance of such devices so that haphazard and unsightly development
is avoided. The purpose of this chapter is to provide for the maximum
development of private property consistent with the aesthetic appearance
of the properties within the Village of Shortsville.
This chapter shall govern the installation and maintenance of satellite antennas in the Village of Shortsville. The provisions of this chapter relating to procedural matters shall supersede the provisions of Chapter 95, Zoning, of the Code of the Village of Shortsville, except as to such provisions of Chapter 95 which specifically refer to this chapter.
A.
No satellite antenna shall hereafter be installed or maintained in the Village of Shortsville except after the issuance of a permit as described herein. Such permit shall be issued by the Zoning Officer of the Village of Shortsville on an application form to be provided by applicants to him. Plans and sketches shall be provided by the owner only. Said plans and sketches shall show the location of all physical improvements on the premises where such antenna is to be installed and the proposed location of such antenna. Landscaping consistent with the requirements of this chapter shall also be shown on such plans and sketches. The applicant shall also present any license required by any federal, state and/or local agency. In the event the Zoning Officer disapproves the application, he shall refer the same to the Zoning Board of Appeals for its review in accordance with the provisions of Chapter 95, § 95-36, relating to special use permits. The permit contemplated herein shall be a special use permit. The Zoning Board of Appeals shall submit its report and decision to the Zoning Officer within 60 days of the referral to it by the Zoning Officer.
B.
Satellite antennas shall be considered accessory structures,
as provided in § 95-45 of the Code of the Village of Shortsville.
A.
The Zoning Officer, in considering an application,
shall find that the proposed dish antenna will have a harmonious relationship
with surrounding property uses and shall be located so as not to diminish
the value or use of surrounding properties.
B.
The Zoning Officer or Zoning Board of Appeals shall
consider, among other things, the following criteria:
(1)
The dish antenna shall be located on the ground and
must be screened from the roadway and adjoining property owners with
foliage of such height and density so as to screen said satellite
antenna from the road and adjoining property owners during the entire
year. The Zoning Officer may condition any approval on receipt and
approval of a landscaping plan.
(2)
The dish antenna shall not be located on any trailer
or portable device.
(3)
The dish antenna shall be located in rear yards only and shall be an accessory structure requiring compliance with all minimum yard requirements as per Chapter 95, Zoning. When a rear yard is not accessible or does not meet building specifications and a side yard meets the Building Code,[1] a dish antenna may be located there. If said side yard
borders on a street, a screen of foliage shall be provided so as to
shield said satellite antenna from the street and adjoining properties
during the entire year.
(4)
The dish antenna shall not be connected to or placed
upon any roof and shall not at any point or part of the antenna be
elevated to or reach a height of more than 15 feet above the natural
grade of the subject premises. In no event shall the natural grade
be changed by any means in order to increase the elevation of the
dish antenna.
(5)
The proposed dish antenna use shall recognize and provide for the further specific conditions and safeguards provided in Chapter 95, § 95-45.
(6)
No installations shall be allowed over or upon an
easement.
(7)
The diameter of such dish shall not exceed 12 feet.
(8)
Antennas shall meet manufacturer specifications, be
of noncombustible and corrosive-resistant material and be erected
in a secure, wind-resistant manner.
(9)
Every antenna must be adequately grounded for protection
against a direct strike of lightning.
C.
The Zoning Officer shall, before approving and issuing
said permit, determine whether or not the proposed antenna and/or
its installation will:
