Village of Depew, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Depew 9-22-1997 by L.L. No. 7-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 260.
As used in this chapter, the following terms shall have the meanings indicated:
ALTERNATIVE TOWER STRUCTURE
Any man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA
Any device or exterior apparatus mounted on a tower, building, utility pole, light pole or other structure designed for telephonic, radio, data, Internet, or television communications to transmit or receive communication signals or electromagnetic waves for the purpose of providing cellular services, telecommunications services, personal communications services, personal wireless services, wireless cable, commercial paging, data, or wireless services, and its attendant base station, utilizing microcells or frequencies authorized by the Federal Communications Commission.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
CELL SITE
A tact or parcel of land that contains the personal wireless service facilities including any antenna, support structure, accessory buildings, and parking, and may include other uses associated with and ancillary to personal wireless services.
COLLOCATED ANTENNAS
Communication tower and antenna which utilize existing towers, as defined in this section, for placement of antenna(s) or replacement of existing towers which do not require construction of a new tower. Replacement of an existing tower to accommodate collocation, provided such newer tower does not exceed the height of the existing tower, will not be deemed to be construction of a new tower as stated in this definition.
FAA
The Federal Aviation Administration.
FALL-DOWN ZONE
The radius around a Communication Tower within which all portions of the Communication Tower and Antennas would fall in the event of a structural failure of the communication tower and antenna. Lacking evidence to the contrary the radius required shall be assumed to be equal to double the height of the tower.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, height is the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
PREEXISTING TOWERS and PREEXISTING ANTENNAS
Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of § 220-12 of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
VILLAGE LAND
Real estate located in the Village of Depew which is owned, leased or otherwise controlled by the Village of Depew.
A. 
The purpose of this chapter is to establish general guidelines for the siting of communications towers and antennas. The goals of this chapter are to:
(1) 
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(2) 
Encourage the location of towers in nonresidential areas;
(3) 
Minimize the total number of towers throughout the community;
(4) 
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(5) 
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(6) 
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;
(7) 
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
(8) 
Consider the public health and safety of communication towers; and
(9) 
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
B. 
In furtherance of these goals, the Village of Depew shall give due consideration to the Village's existing community development, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
A. 
New towers and antennas. All new towers or antennas or relocated, rebuilt or extended towers or antennas in the Village of Depew shall be subject to these regulations, including the general requirements contained in the Village of Depew Municipal Code.
B. 
Amateur radio station operators/receive-only antennas. This chapter shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
C. 
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this chapter, other than the requirements of § 220-4D and E relating to the general requirements.
D. 
Array. For purposes of implementing this chapter, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setback distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
A. 
The following requirements apply to all applicants who wish to locate, rebuild, relocate or extend a tower or antenna in the Village of Depew:
(1) 
All applicants under this chapter must obtain a building permit from the Building Inspector of the Village of Depew. The Building Inspector shall refer all such applications for building permits to the Planning Board prior to issuance of a building permits under this chapter.
(2) 
All applicants under this chapter are subject to site plan review by the Village of Depew Building Department and the Planning Board. The intent of site plan review is to evaluate site plans and require changes consistent with minimizing conflicts which may result between the site layout and design of proposed uses and natural site conditions and features and/or existing or planned adjacent uses. Site plan review is also responsible for ensuring that development comply with clearly calculated community development goals and policies of the Village of Depew.
(3) 
An applicant proposing to construct a tower or increase the height of an existing tower, or mount an antenna on an existing structure, is required to demonstrate, using technological evidence, that the tower or antenna must be located where it is proposed in order to satisfy its function in the applicant's grid system. Further, the applicant must demonstrate by technological evidence that the height requested is the minimum height necessary to fulfill the cell site's function within the grid system.
(4) 
The Village of Depew may deny the application to construct a new tower if the applicant has not provided documentation of a good faith effort to mount the antenna on an existing structure and/or public property.
(5) 
Applications for necessary permits will only be processed when the applicant demonstrates that it is either an FCC-licensed telecommunications provider or has in place agreements with an FCC-licensed telecommunications provider for use or lease of the support structure or tower.
(6) 
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
(7) 
Lot size. For purpose of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(8) 
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Building Inspector an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Village of Depew or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Building Inspector may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the Village of Depew; provided, however, that the Building Inspector is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(9) 
Aesthetics. New towers and antennas or rebuilt, relocated or extended towers and antennas shall meet the following requirements:
(a) 
Towers shall be of a monopole type, either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted as directed by a Building Inspector a neutral color so as to reduce visual obtrusiveness.
(b) 
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
(c) 
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
B. 
Fencing. A well-constructed masonry or stone wall, or chain link fence, not less than six feet in height from finished grade, shall be provided around each antenna and/or tower and shall also be equipped with an anticlimbing device. Access to the tower shall be through a locked gate. No barbed wire shall be used.
C. 
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
D. 
State or federal requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
E. 
Building codes; safety standards. To ensure the structural integrity of towers and antennas, the owner of a tower or antenna shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Village of Depew concludes that a tower or antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower or antenna, the owner shall have 30 days to bring such tower or antenna into compliance with such standards. Failure to bring such tower or antenna into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
F. 
Measurement. For purposes of measurement, tower setbacks shall be calculated and applied to facilities located in the Village of Depew irrespective of municipal and county jurisdictional boundaries.
G. 
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises and licenses required by law by any governmental entity, including the Village of Depew, now or in the future for the construction and/or operation of a wireless communication system in the Village of Depew have been obtained and shall file a copy of all required franchises and licenses with the Building Inspector.
H. 
Signs. No signs or advertising material of any nature shall be allowed on an antenna or tower with the exception of a small two-foot-by-two-foot sign clearly indicating the name of the tower owner and a twenty-four-hour emergency telephone number. Any additional signs necessary to protect public and/or employee safety shall also be permitted.
I. 
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 220-8, Buildings or other equipment storage.
J. 
Multiple antenna/tower plan. The Village of Depew encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
K. 
The owner of any tower or antenna shall provide the Village Clerk with a demolition bond equal to twice the cost of removal of the tower or antenna.
L. 
The owner of any tower or antenna shall identify the entities providing the backhaul network for the antenna or tower described in the application and other cell sites owned or operated by the applicant in the Village of Depew, as well as any information detailing the purpose for the proposed antenna or tower.
M. 
All applicants under this chapter must comply with the State Environmental Quality Review Act.[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
N. 
Unless otherwise provided, towers and antennae shall comply with all existing setbacks within any zoning districts. Additional setbacks, including but not limited to the fall-down zone, may be required by the Building Inspector or the Village Board, as applicable, to contain on-site substantially all ice-fall or debris from tower failure and/or to comply with the purpose of this chapter. Setbacks shall apply to all tower parts including guy wire anchors, and to any accessory facilities.
O. 
No tower may be constructed within 500 feet of a school, church or historic landmark.
A. 
General. All applicants who wish to locate a tower or antenna on Village land must submit to the Building Inspector a completed application and detailed plan that complies with the requirements of this chapter and the Code of the Village of Depew, and must furnish any other pertinent information as may be requested by the Village. In addition, such applicant shall submit along with the application a nonrefundable fee as shall be established by resolution of the Village Board of the Village of Depew. Any such application is subject to the site plan review requirements of Chapter 260, Zoning, of the Code of the Village of Depew. Upon receipt of any such complete application, within the 60 days, the Building Inspector shall refer said application to the Planning Board if he is satisfied that the applicant is in compliance with the requirements contained herein prior to granting or deny building permit pursuant to said application.
B. 
Towers or antennas may be located on Village land provided a license or lease authorizing such antenna or tower has been approved by the Village of Depew and further provided that the applicant complies with the provisions of this section.
C. 
Priority of users. Priority for the use of Village land for antennas and towers will be given to the following entities in descending order:
(1) 
Village of Depew;
(2) 
Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the Village of Depew and private entities with a public safety agreement with the Village of Depew;
(3) 
Other governmental agencies, for uses which are not related to public safety; and
(4) 
Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PSC), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), data, Internet, paging, and similar services that are marketed to the general public.
D. 
Placement. The placement of antennas or towers on Village land must comply with the following requirements:
(1) 
The antennas or tower will not interfere with the purpose for which the Village land is intended;
(2) 
The antennas or tower will have no adverse impact on surrounding private property;
(3) 
The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of Village land and other necessary provisions and safeguards;
(4) 
The applicant will submit a letter of credit, performance bond, or other security acceptable to the Village of Depew to cover the costs of the antenna or tower's removal;
(5) 
The antennas or tower will not interfere with other users of Village land;
(6) 
Upon reasonable notice, the Village of Depew may require the antenna or tower to be removed at the applicant's expense;
(7) 
The owner of the tower or antenna must reimburse the Village of Depew for any costs which the Village incurs because of the presence of the antenna or tower;
(8) 
The applicant must obtain all necessary land use approvals; and
(9) 
The applicant will cooperate with the Village of Depew's objective to promote collocations and thus limit the number of separate antenna sites requested;
(10) 
The applicant's continued compliance with the requirements of § 220-4 of this chapter;
(11) 
The tower must comply with the setback requirements of § 220-7B(2)(j).
E. 
Special requirements. The use of certain Village land, such as parks, for antennas or towers brings with it special concerns due to the unique nature of these sites. The placement of antennas or towers on these special Village land will be allowed only when the following additional requirements are met:
(1) 
Parks. The presence of certain antennas or towers represent a potential conflict with the purpose of some parks owned by the Village of Depew. In no case shall towers be allowed in designated conservation areas unless they are to be installed in areas which currently contain tower facilities. Antennas or towers will be considered only in the following parks after the recommendation of the Parks and Recreation Committee and approval by the Village Board of the Village of Depew.
(a) 
Public parks of a sufficient scale and character that are adjacent to an existing commercial or industrial use;
(b) 
Commercial recreation areas and major play fields; and
(c) 
Park maintenance facilities.
F. 
Termination.
(1) 
The Village Board of the Village of Depew may terminate any lease if it determines that any one of the following conditions exist:
(a) 
A potential user with a higher priority as described in § 220-5B cannot find another adequate location and the potential use would be incompatible with the existing use;
(b) 
A user's frequency broadcast unreasonably interferes with other uses of higher priority as described in § 220-5B, regardless of whether or not this interference was adequately predicted in the technical analysis; or
(c) 
A user violates any of the standards in this chapter or the conditions attached to the Village of Depew's lease or other authorization.
(2) 
Before taking action, the Village of Depew will provide notice to the user of the intended termination and the reasons for it, and provide an opportunity for the user to address the Village Board regarding the proposed action. This procedure need not be followed in emergency situations.
G. 
Reservation of right. Notwithstanding the above, the Village Board of the Village of Depew reserves the right to deny, for any reason, the use of any or all Village land by any one or all applicants.
A. 
General. The following provisions shall govern the issuance of administrative approvals for towers and antennas:
(1) 
Applicants for administratively approved uses must comply with the site plan review requirements of Chapter 260, Zoning, of the Code of the Village of Depew.
(2) 
The Building Inspector may administratively approve the uses listed in this section.
(3) 
Each applicant for administrative approval shall apply to the Building Inspector by providing to him the information set forth in § 220-7B(1) of this chapter, complying with the requirements of § 220-4 of this chapter, and submitting a nonrefundable fee as established by resolution of the Village Board of the Village of Depew.
(4) 
The Building Inspector shall review the application for administrative approval and determine if the proposed use complies with § 220-7B(2)(j) of this chapter and shall also determine if the applicant is in compliance with § 220-4 of this chapter.
(5) 
The Building Inspector shall respond to each such complete application within 60 days after receiving it by referring same to the Planning Board or referring same back to the applicant as incomplete.
(6) 
In connection with any such administrative approval, the Building Inspector may, in order to encourage collocation, administratively waive any zoning district setback requirements in § 220-7 by up to 50%.
(7) 
If an administrative approval is denied, the applicant shall file an application for a special use permit pursuant to § 220-7.
B. 
List of administratively approved uses. The following uses may be approved by the Building Inspector after conducting an administrative review:
(1) 
Locating a tower or antenna, or increasing the height of an existing tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in the industrial districts of Chapter 260, Zoning, of the Code of the Village of Depew.
(2) 
Locating antennas on existing structures or towers consistent with the terms of Subsection B(1)(a)[1] and [2] hereof and § 220-8.
(a) 
Antennas on existing structures. Any proposed antenna which is not attached to a tower may be approved by the Building Inspector as an accessory use to any commercial, industrial, professional, institutional, or multifamily structure of four or more stories, provided:
[1] 
The antenna does not extend more than 30 feet above the highest point of the structure;
[2] 
The antenna complies with all applicable FCC and FAA regulations; and
[3] 
The antenna complies with all applicable building codes.
(b) 
Antennas on existing towers. A proposed antenna to be attached to an existing tower may be approved by the Building Inspector and the Planning Board and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:
[1] 
The existing tower must be able to support the proposed antenna without threatening the structural integrity of the tower. No additional height may be added to the tower except in the industrial districts of Chapter 260, Zoning, of the Code of the Village of Depew.
[a] 
The only added structural elements to the tower are those necessary to attach the proposed antenna to the existing tower.
[b] 
Any existing tower that must be rebuilt (regardless of height), relocated on site, or reconstructed as a different tower type requires the issuance of a special use permit under the procedure set forth in § 220-7 of this chapter.
(c) 
Locating any new tower in a nonresidential zoning district other than industrial districts, provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant, and the Building Inspector concludes the tower is in conformity with the goals set forth in § 220-1 and the requirements of § 220-4, and the tower meets the setback requirements in § 220-7; and the tower meets the following height and usage criteria:
[1] 
For a single user, up to 90 feet in height;
[2] 
For two users, up to 120 feet in height; and
[3] 
For three or more users, up to 180 feet in height.
(d) 
Locating any alternative tower structure in a zoning district other than the industrial districts that in the judgment of the Building Inspector and the Planning Board is in conformity with the goals set forth in § 220-1 hereof.
(e) 
Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.
A. 
General. The following provisions shall govern the issuance of special use permits for the construction of new towers or antennas, or the reconstruction, relocation or height increase of existing towers by the Village Board of the Village of Depew:
(1) 
Applicants for a special use permit under this section are subject to the site plan review requirements of Article 30 of the Zoning Local Law of the Village of Depew.
(2) 
If the tower or antenna is not permitted to be approved administratively pursuant to § 220-6 hereof, or whose application pursuant to § 220-5 or § 220-6 hereof has been denied, then a special use permit shall be required for the construction of a tower or the increase in height of a tower or the placement of an antenna in all zoning districts.
(3) 
Applications for special use permits under this section shall be subject to the procedures and requirements of Chapter 260, Zoning, of the Code of the Village of Depew.
(4) 
In granting a special use permit, the Village Board may impose conditions to the extent such conditions are necessary to minimize any adverse effect of the proposed tower or height increase or antenna on adjoining properties.
(5) 
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
(6) 
An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the Village Board of the Village of Depew.
(7) 
Compliance with the requirements of § 220-3 of this chapter.
B. 
Towers.
(1) 
Information required. In addition to any information required for applications for special use permits pursuant to Chapter 260, Zoning, of the Code of the Village of Depew, applicants for a special use permit for a tower shall submit the following information:
(a) 
A scaled site plan clearly indicating the location, type and height of the proposed tower or height increase, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower or increased height and any other structures, topography, parking, and other information deemed by the Building Inspector to be necessary to assess compliance with this chapter.
(b) 
Legal description of the parent tract and leased parcel.
(c) 
The setback distance between the proposed tower or existing tower proposed to be increased in height and the nearest residentially zoned properties.
(d) 
A landscape plan showing specific landscape materials.
(e) 
Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
(f) 
A description of compliance with requirements of § 220-3 and § 220-7 and all applicable federal, state or local laws.
(g) 
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(h) 
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Village of Depew.
(i) 
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(j) 
A description of the feasible location(s) of future towers or antennas within the Village of Depew based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(2) 
Factors considered in granting special use permits for towers. In addition to any standards for consideration of special use permit applications pursuant to Chapter 260, the Village Board of the Village of Depew shall consider the following factors in determining whether to issue a special use permit:
(a) 
Height of the proposed tower or the increase in height proposed to any existing tower;
(b) 
Proximity of the proposed or existing tower to residential structures and residential zoning district boundaries;
(c) 
Nature of uses on adjacent and nearby properties;
(d) 
Surrounding topography;
(e) 
Surrounding tree coverage and foliage;
(f) 
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(g) 
Proposed ingress and egress; and
(h) 
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in § 220-7 of this chapter.
(i) 
Availability of suitable existing towers, other structures, or alternative technology. No new tower or tower reconstruction, relocation or height increase shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Village Board of the Village of Depew that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Village Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
[1] 
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
[2] 
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
[3] 
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
[4] 
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
[5] 
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable.
[6] 
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(j) 
Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required:
[1] 
Towers must be set back a minimum distance equal to double the height of the tower, including any proposed height increase, from any residentially zoned lot line.
[2] 
Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
(k) 
Security fencing. Towers shall be enclosed by security fencing as provided in § 220-4 of this chapter.
(l) 
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required.
[1] 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
[2] 
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
[3] 
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
A. 
Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(1) 
The cabinet or structure shall not contain more than 300 square feet of gross floor area or be more than 12 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 300 square feet of gross floor area or 12 feet in height pursuant to an area variance granted by the Zoning Board of Appeals of the Village of Depew, shall be located on the ground and shall not be located on the roof of the structure.
(2) 
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 25% of the roof area.
(3) 
Equipment storage buildings or cabinets shall comply with all applicable building codes.
B. 
Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
(1) 
In residential districts, the equipment cabinet or structure may be located:
(a) 
In a front or side yard provided the cabinet or structure is no greater than three feet in height or 16 square feet of gross floor area and the cabinet/structure is located a minimum of two feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 inches to 48 inches and a planted height of at least 36 inches.
(b) 
In a rear yard, provided the cabinet or structure is no greater than 12 feet in height or 140 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of six feet and a planted eight of at least 36 inches.
(c) 
In all other zoning districts the equipment cabinet or structure shall be no greater than 12 feet in height or 300 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence eight feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
(2) 
Antennas located on towers. The related unmanned equipment structure shall not contain more than 300 square feet of gross floor area or be more than 12 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
(3) 
Modification of building size requirements. Any area variances from the requirements of § 220-8 must be obtained from the Zoning Board of Appeals of the Village of Depew, New York, pursuant to Chapter 260 of the Code of the Village of Depew.
Any antenna or tower that is not operated for a period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Village of Depew notifying the owner of such abandonment.
A. 
Nonexpansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
B. 
Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.
C. 
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding § 220-9, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the setback requirements specified in § 220-6. The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 220-9 hereof.
If any clause, sentence, paragraph or part of this chapter or application thereof to any person or circumstance shall be adjudged by any court to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof or the application thereof to other persons and circumstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof and the persons and circumstances directly involved in the controversy in which such judgment shall have been rendered.
This chapter shall take effect immediately upon filing with the Secretary of State of the State of New York.