Towers or facilities for transmitting or receiving any signal,
broadcast or communication as part of a business (other than commercial
mobile services) or as part of a commercial television, AM radio or
FM radio enterprise may be erected, altered or used only in a commercial
or industrial district in the Town of Cazenovia within the meaning
of the Zoning Ordinance, as amended, and may be so erected, altered
or used only upon findings by the Town Board that such structure or
use, together with such conditions and safeguards it may impose, is
necessary for the public convenience; that such structure or use is
not detrimental to the public health, safety or welfare; and that
the location proposed therefor is appropriate. Towers or facilities
used exclusively for the broadcast or communications of official law
enforcement, fire control or medical emergency matters are exempt
from this provision.
No commercial mobile service facility shall hereafter be located,
constructed, erected, changed, altered, used or added to in any district
except in conformity with the following provisions:
A.
Findings.
(1)
While the federal government has regulated the commercial mobile
industry, it has reserved to local governments the power to regulate
uses with regard to placement, construction, and other issues.
(2)
Local governments may not exclude such uses or unreasonably
discriminate among providers of functionally equivalent services.
(3)
According to federal law, local governments may not regulate
such uses on the basis of radio frequency radiation (RFR).
(4)
The technology underlying commercial mobile service requires
that transmitting facilities be located in proximity to one another,
as low-frequency signals are passed from one service cell to another,
in relay fashion.
(5)
The Town has an interest in minimizing the number of towers
that are located within its borders.
(6)
The installation of tower structures can have an aesthetically
detrimental impact upon surrounding properties, especially in residential
areas.
(7)
In many cases, antennas mounted on existing structures and towers
(i.e., co-location) can provide commercial mobile service with minimal
or no aesthetic impacts upon neighboring uses.
(8)
Where the construction of new towers is necessary in order to
provide commercial mobile services, often it is possible to house
more than one such provider on such structure, thus reducing the proliferation
of new tower construction.
B.
Purpose.
(1)
The purpose of this section is to establish predictable and
balanced regulations for the siting of telecommunication facilities
in order to accommodate the growth of such facilities while protecting
the public against any adverse impacts on aesthetic resources and
the public safety and welfare. The Town of Cazenovia wants to accommodate
the need for telecommunications facilities while regulating their
location and number, minimizing adverse visual impacts through proper
design, siting and screening, avoiding potential physical damage to
adjacent properties, and encouraging joint use of tower structures.
(2)
This section also seeks to minimize the total number of telecommunications
towers in the community by encouraging shared use of existing and
future towers, and the use of existing tall buildings and other high
structures in order to further minimize adverse visual effects from
telecommunications towers.
(3)
This section is not intended to prohibit or have the effect
of prohibiting the provision of personal wireless services, nor shall
it be used to unreasonably discriminate among the providers of functionally
equivalent services consistent with current federal regulations.
C.
Approvals required for commercial mobile service facilities.
(1)
Antennas. Antennas and accessory equipment related thereto,
other than towers, are permitted in all use districts in the Town,
provided they are placed on existing structures 30 feet or more in
height, other than one-family and two-family dwellings, subject to
the following:
(a)
Located in nonresidential zoning districts and 20 feet in antenna
height or less: site plan approval issued from the Town of Cazenovia
Planning Board.
(b)
Located in nonresidential districts and in excess of 20 feet
in antenna height: special use permit issued from the Town of Cazenovia
Zoning Board of Appeals.
(c)
Located in residential districts: special use permit issued
from the Town of Cazenovia Zoning Board of Appeals.
(2)
Towers. Towers and accessory equipment related thereto are permitted
only in commercial and industrial districts, subject to the following:
(a)
Towers 150 feet in height or less: site plan approval issued
from the Town of Cazenovia Planning Board upon the general guidelines,
requirements and aesthetic design and standards contained herein.
(b)
Towers over 150 feet in height but not greater than 200 feet
in height: special use permit issued by the Town of Cazenovia Zoning
Board of Appeals.
(c)
Towers proposed to be located within a residential district
shall obtain a use variance pursuant to applicable law and shall be
required to comply with the submission requirements for site plan
approval as set forth in this chapter and the general guidelines,
requirements and design standards set forth herein.
D.
General guidelines and requirements.
(1)
Principal or accessory use. Antennas and towers may be considered
either principal or accessory uses. A different existing use or an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot. For purposes 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 lot and building requirements,
the dimensions of the entire lot shall control, even though such antenna
or tower may be located on leased parcels within such lots.
(2)
Nonconforming uses. Towers that are constructed and antennas
that are installed in accordance with these provisions shall not be
deemed to constitute the expansion of a nonconforming use or structure.
(3)
Proof of compliance with other laws.
(a)
All commercial mobile service facilities must meet or exceed
all applicable federal, state and local laws, rules and regulations,
including but not limited to any rules, standards or regulations of
the FCC and the FAA. If such standards, rules, laws or regulations
are changed or amended at any time in the future, then the owners
of such facilities shall bring those facilities into compliance with
such revised regulations within six months of the effective date of
such changes or amendments, unless a more restrictive compliance schedule
is mandated by the controlling agency.
(b)
The operator of any commercial mobile service facility sited
within the Town of Cazenovia shall submit certification on an annual
basis, signed by a New York State licensed professional engineer,
verifying that such facility is in compliance with all applicable
federal, state and local radio frequency radiation (RFR) emission
standards. Such annual certification shall be delivered to the Town
Codes Enforcement Officer during the month of December of each calendar
year. This requirement shall be considered an implied condition to
any site plan, special permit and/or use variance granted for such
facilities.
(4)
Compliance with building codes. The owner of any commercial
mobile service facility shall locate, construct, erect, use and maintain
such facility in accordance with all applicable building codes.
(5)
Height restrictions. The building height restrictions otherwise
applicable in the zoning use district in which a commercial mobile
service facility is located shall not apply to facilities approved
in accordance with these regulations. When measuring structure height
in connection with antennas on existing structures, height shall be
measured from the mean elevation at finished grade to the highest
point of the existing structure. When measuring antenna height in
connection with antennas mounted on existing structures, such height
shall be measured from the point of such existing structure at which
the antenna is mounted to the highest point of the antenna.
(6)
Maximum tower height. In no event shall any tower exceed a height
of 200 feet. Tower height shall be measured from the average elevation
at grade level to the highest point of the tower structure, including
all antennas and accessory equipment attached thereto.
(7)
Tower inspections. Towers shall be inspected annually on behalf
of the tower owner by a licensed professional engineer for structural
integrity and continued compliance with these regulations. A copy
of such inspection report, including findings and conclusions, shall
be submitted to the Town Codes Enforcement Officer no later than December
31 of each calendar year.
(8)
Tower design preference. Whenever feasible, tower construction
shall be of a "monopole" design.
(9)
Maintenance and repair. All commercial mobile service facilities
shall be maintained in good order and repair. Routine maintenance
and repair shall be conducted between the hours of 7:00 a.m. and 7:00
p.m., Monday through Friday, except for emergency repairs, which may
be undertaken at any time with prior notice to the Town Codes Enforcement
Officer.
(10)
Existing structures. By way of illustration, existing structures,
as referred to in these regulations governing the siting of commercial
mobile service facilities, shall include but not be limited to signs,
church spires, belfries, cupolas, domes, monuments, water towers,
preexisting tower structures, windmills, chimneys, smokestacks, buildings,
utility towers, clock towers, silos, barns or other agricultural buildings,
steeples, radio or television towers and commercial parking lot light
poles.
(11)
Restriction on multiple towers. No more than one tower may be
permitted on any parcel of land.
(12)
Tower separation. A minimum radius of 4,000 feet must be maintained
between any proposed tower and any existing tower, whether located
in the Town of Cazenovia or in any adjacent municipality.
E.
Aesthetics and design standards.
(1)
Fencing. The base of any tower and anchors on guyed towers shall
be surrounded by an opaque security fence eight feet in height. Such
fence shall enclose the base of the tower, as well as any and all
accessory equipment and structures used in connection therewith.
(2)
Landscaping. All commercial mobile service facilities located,
installed or constructed at ground level, including towers, tower
anchors, accessory structures to towers or antennas or fencing surrounding
such uses, shall be visually screened from adjoining residential properties
and public rights-of-way by one row of native evergreen shrubs or
trees capable of forming a continuous hedge of at least six feet in
height within two years of planting. Additional vegetative screening
may be required, as needed, in order to minimize adverse visual impacts
on neighboring properties. Existing on-site vegetation shall be preserved
to the maximum extent possible, and no cutting of trees exceeding
four inches in diameter (measured at a height of four feet off the
ground) shall take place prior to the appropriate site plan or special
permit review and approval. Such landscaping shall be preserved, maintained
and replaced as needed.
(3)
Signs. Signs shall not be permitted on commercial mobile service
towers, antennas or related accessory facilities, except for signs
displaying owner contact information and safety instructions. Such
signs shall not exceed five square feet in surface area.
(4)
Lighting. Commercial mobile service facilities shall not be
artificially lighted, unless so required by the FAA. If lighting is
so required, the lighting alternatives and design used shall be the
minimum mandated by the FAA.
(5)
Utility connections. All utility connections to commercial mobile
service facilities shall be installed beneath the ground surface.
(6)
Color.
(a)
Towers. Towers shall either be maintained with a galvanized
finish, painted gray or, subject to any FAA restrictions, be painted
a neutral color, so as to reduce visual obtrusiveness.
(b)
Antennas. Antennas and accessory equipment installed on existing
structures shall be painted a 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.
(c)
Accessory structures located at ground level. Accessory equipment
and structures (other than towers) located at ground level shall be
painted neutral colors that will blend with their natural surroundings
to the maximum extent possible.
(7)
Tower access and parking. A road and parking for one vehicle
shall be provided in order to assure adequate emergency and service
access. Maximum use of existing roads and drives shall be made, and
at all times ground and vegetation disturbance shall be minimized.
(8)
Antennas affixed to the face of existing structures. Antennas
affixed to the face of existing structures may not protrude in excess
of five feet horizontally between the antenna and the existing structure
face.
(9)
Tower co-location. Commercial mobile service towers shall, to
the maximum extent possible, be designed to provide for co-location
(use) by at least five providers, or be designed so that they can
be retrofitted to accommodate at least five providers. However, such
co-location standards shall emphasize the lowest tower height possible.
(10)
Accessory equipment located on building roofs. Any accessory
equipment located on building roofs shall be located so as not to
be seen or so as to minimize visibility from ground level.
(11)
System connections. Where technologically feasible, connections
between commercial mobile service facilities and the system of which
they are a part shall be made by use of land line cable rather than
by parabolic or dish antennas. When such antenna links are technologically
necessary, they shall be located, painted and otherwise situated so
as to minimize visual impacts. In no case shall the diameter of such
an antenna exceed six feet.
(12)
Tower setbacks. Towers shall not be located closer than 200
feet to the nearest residential property line. In all other cases,
towers shall be set back from adjoining properties a distance equal
to at least the height of such tower. Furthermore, other telecommunication
accessory facilities shall comply with all existing setbacks within
the affected zone. Setbacks shall apply to all tower parts, including
guy wire anchors, and to any accessory facilities. Additional setbacks
may be required by the Zoning Board or Planning Board to contain substantially
on-site all icefall or debris from tower failure and/or to preserve
privacy of adjoining residential and public property.
(13)
Visibility. All commercial mobile service facilities shall be
sited, located and designed so as to have the least possible practical
visual impact on the environment and surroundings.
(14)
Fall zones. Telecommunication facilities shall be constructed
so as to minimize the potential safety hazards and be located in such
a manner that if the facility should fall, it will remain within the
property boundaries and avoid habitable structures, public streets,
utility lines and other telecommunication facilities.
F.
Factors and considerations in granting special use permits for commercial mobile service facilities. The following factors and considerations shall be considered by the Zoning Board of Appeals in reviewing applications for special use permits related to commercial mobile service facilities in addition to the standards and findings required in Article XII of the Zoning Ordinance:
(1)
The applicant must demonstrate that location of the commercial
mobile service facility, as proposed, is necessary to meet the frequency
reuse and spacing needs of the applicant's system and to provide adequate
service and coverage to the intended area.
(2)
The applicant must demonstrate that all reasonable measures
have been taken to minimize the visual impacts of the proposed facilities.
(3)
Additional standards and factors to be considered in reviewing
special use permits relating to towers:
(a)
Height of the proposed tower.
(b)
Proximity of the proposed tower to residential structures and
residential district boundaries.
(c)
Nature of uses on adjacent and nearby properties.
(d)
Surrounding topography.
(e)
Surrounding existing tree coverage and foliage.
(f)
Design of the proposed tower, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness.
(g)
Proposed ingress and egress to site.
(h)
Alternatives analysis. The applicant must demonstrate that no
existing structure, tower or alternative technology that does not
require the construction of a new tower can accommodate the applicant's
coverage and service needs, i.e., that the proposed site is the most
appropriate site among those available. Evidence submitted to demonstrate
that no such alternative is reasonably available may consist of the
following:
[1]
No existing towers or structures which meet the applicant's
engineering requirements are located within the geographic area (search
ring).
[2]
Existing towers or structures are not of sufficient height to
meet the applicant's engineering requirements.
[3]
Existing towers or structures do not have sufficient structural
strength or space to support applicant's proposed needs.
[4]
The applicant's proposed antenna would cause electromagnetic
interference with the existing or planned antennas on the existing
towers or structures, or such existing or planned antennas would cause
such interference with the applicant's antenna.
[5]
The existing tower or structure owner is unwilling to provide
access, or the fees, costs or contractual provisions required by the
owner of the existing tower or structure in order for the applicant
to co-locate on such tower or structure are unreasonable. Costs exceeding
new tower construction are presumed to be unreasonable.
[6]
The applicant demonstrates that there are other limiting factors
that render existing towers or structures unsuitable.
[7]
There is no governmental (federal, state or local) property
available to the applicant within the geographical area (search ring)
which will meet the applicant's engineering requirements.
(i)
Vegetation and screening.
[1]
Existing on-site vegetation shall be preserved to the maximum
extent possible, and no cutting of trees exceeding four inches in
diameter shall take place prior to approval of the special use permit.
Clear-cutting of all trees in a single contiguous area shall be minimized
to the extent possible.
[2]
The Zoning Board may require appropriate vegetative buffering
around the fences of the tower base area, accessory structures and
the anchor points of guyed towers to buffer their view from neighboring
residences, recreation areas, waterways, historic or scenic areas,
or public roads.
G.
Application materials and supporting documentation.
(1)
The following information shall be submitted in support of any
application (site plan, special permit, variance) for a commercial
mobile service facility. This information is required in addition
to any other information or documents required under sections of the
Zoning Ordinance pertaining to site plan review, special use permits
or variances.
(a)
Full application on forms provided by the Town with review fees,
including the names, addresses, phone and fax numbers of the following
involved parties, as appropriate:
[1]
The landowner of the project site to be purchased or leased;
[2]
The service provider-corporate and point of contact [include
the FCC license number and certificate of need as a public utility
(as/if applicable)];
[3]
Engineering consultant(s);
[4]
Legal representative(s); and
[5]
Other authorized service providers proposing to co-locate on
the tower now or in the near future.
[6]
Where co-location is proposed, provide the names, addresses
and phone numbers of the current owner(s) of the tower, building or
structure upon which the co-location was considered or is proposed.
(b)
Full environmental assessment form (long-form EAF), including
a visual environmental assessment form (VEAF).
(c)
The make and model of the planned facility.
(d)
The manufacturer's design data pertaining to installation.
(e)
The applicant's maintenance and inspection schedule.
(f)
Identification of the effects such facility will have on other
existing facilities.
(g)
A safety analysis and certification by a licensed professional
engineer that the proposed facility will be in compliance with all
applicable FAA and FCC laws and regulations.
(h)
Proof of the site owner's consent, if the applicant is not the
owner of the site on which the applicant seeks to locate a commercial
mobile service facility.
(i)
Inventory of existing sites. Each applicant shall provide an
inventory of its existing tower sites or other buildings or structures
suitable for potential co-location within the Town or within three
miles of the border thereof, including specific information regarding
the height, location and design of each tower facility or structure,
including the name, address and phone number of the owners. The Town
may share this information with other applicants without representing
or warranting that such sites are available or suitable.
(j)
A site plan. An applicant seeking approval for siting a commercial
mobile service facility shall submit:
[1]
A narrative description of the proposed use, including:
[a]
Existing site improvements, including access, utilities,
and the presence of existing towers, buildings, or other structures;
[b]
Vegetative cover (e.g., plant cover types, species,
tree types (average, minimum, and maximum); relative condition (health)
of the vegetation; and tree stand (density) slopes;
[c]
Soils and the depth to bedrock;
[d]
Wetlands and surface water bodies;
[e]
Site drainage;
[f]
Any special plant and animal habitats contained
on the NYSDEC Natural Heritage Program database;
[g]
Any historic or archaeological resources on the
site and any historic resources adjacent to the site; and
[h]
Where co-location is proposed, provide to-scale
site plans and elevations of the existing tower, building or structure
to be used for co-location; provide plans, elevations and details
showing the proposed electronic communication facilities and existing
antennas located on the tower.
[2]
A site plan in conformance with the Zoning Ordinance which,
in addition to the items required to be shown hereunder, shall include
the following items:
[a]
The exact location of the proposed facility, including
any mounting devices, appendages, support structures and accessory
equipment, storage cabinets, or other materials used in connection
therewith.
[b]
The location of all structures on the site.
[c]
The maximum height, each of the proposed facility
and any structure on which it is proposed to be affixed.
[d]
The location, type and intensity of any lighting.
[e]
Property boundaries, adjacent uses and zoning classifications;
if part of a larger parcel; include a map of the larger, parent parcel
and the location of the area to be acquired or leased for the project.
[f]
Names and addresses of adjacent property owners,
as contained in public records.
[g]
Landscaping and screening plan, including type
and size of existing vegetation and any proposed removal of same.
[h]
Location and nature of utility services and connecting
land line.
[i]
Location and nature of access.
[j]
Details showing compliance with these regulations.
[k]
Scale, North arrow, date and name of preparer.
[l]
All bodies of water, wetlands, permanent or intermittent
streams; and mean high water mark for larger bodies on or adjoining
the project site.
[m]
Existing and proposed topographic contours at two-foot
intervals in and within 200 feet of all proposed areas to be disturbed.
[n]
The proposed limits of vegetation disturbance and/or
clearing related to the proposed construction of the site access,
tower, and accessory structures.
[o]
All trees four inches or greater in size (diameter
at breast height, DBH) to be removed.
[p]
All existing and proposed drainage and erosion
control and stormwater management facilities.
[q]
For any new or improved access roads or driveways,
provide a grading plan, center-line profile, and cross sections (every
100 feet, showing proposed and existing contours at two-foot intervals)
and identify the construction material(s) (e.g., gravel, asphalt).
[r]
Provide detailed construction plans and elevation
of the proposed tower, antennas, equipment shelters (enclosing building,
structure, cabinet, shed or box to contain batteries and electrical
equipment); show all foundations, piers, structural supports, cross
arms, guy wires and anchors, antenna-mounting mechanisms and signage;
label the size, material and provide color samples of all towers,
antennas, and accessory structures (e.g., equipment shelters, security
fencing, signage).
(2)
Additional submission requirements for towers.
(a)
Identification and description of any anti-climb device.
(b)
A report from a licensed professional engineer which describes
the tower, including its height and design, demonstrates the tower's
compliance with applicable structural standards and describes the
tower's capacity, including the number and types of antennas it can
accommodate.
(c)
A legal description (metes and bounds) of the site on which
the tower is proposed to be located.
(d)
The site plan shall also show distances between the proposed
tower structure and structures on adjoining properties within 500
feet, together with the names and addresses of all property owners
within 500 feet of the boundary of the property on which the tower
is proposed, as contained in public records.
(e)
A drawing of the proposed tower, including any proposed attachments,
accessory equipment, cabinets or other items used in connection therewith.
(f)
Identification and location of any commercial mobile towers
located within the Town or within one mile of the Town, regardless
of ownership.
(g)
As-built drawings, within 30 days after completion of tower
construction.
H.
Removal of unused towers; demolition bond. An applicant seeking permission
to construct a commercial mobile service tower shall agree, in writing,
to remove such tower and related facilities if it becomes obsolete
or ceases to be used for its intended purpose for a period of 12 consecutive
months. If there are two or more users of a single tower, then this
provision shall not become effective until all users cease using the
tower. The applicable board shall require the applicant to provide
a demolition bond or other security acceptable to the Town for the
purpose of removing such facilities in case the applicant fails to
do so as required above.
I.
Fees.
(1)
An applicant for site plan approval, a special use permit, or
use variance for a commercial mobile service facility shall submit
a nonrefundable fee, as established from time to time by resolution
of the Town Board, to reimburse the Town for the costs of reviewing
such applications. Such fee shall be a deposit, and the applicant
shall reimburse the reasonable and necessary costs associated with
review of its application.
(2)
In addition to the preceding subsection, the applicable board(s)
may retain technical consultants as it deems necessary to provide
assistance in the review of the site location alternatives analysis.
The applicant shall bear all reasonable and necessary costs associated
with such consultation, which shall be assessed as an additional application
fee. These additional costs shall be limited to the consultant's review
of the site location alternatives analysis and its report to the applicable
board(s).
J.
Exemptions. The following are exempt from the provisions of this
section:
(1)
Commercial mobile service facilities located on Town of Cazenovia
property.
(2)
Private, noncommercial television and radio antennas.
(3)
Commercial mobile service facilities may be repaired or maintained
without restriction.
(4)
Law enforcement, fire control, E911 and medical emergency facilities.
K.
Waivers. In approving a site plan or special use permit, the Board
of Appeals or the Town Planning Board, as the case may be, may waive
any of the provisions of these regulations when it finds that doing
so will have no detrimental impact on surrounding properties or on
the public health, safety and welfare and that such waiver is in keeping
with the purposes herein set forth.
L.
Power to impose conditions. In granting any site plan approval, special
use permit or variance for a commercial service facility, the Board
of Appeals or the Town Planning Board, as the case may be, may impose
conditions to the extent that such board concludes that such conditions
are necessary to minimize any adverse effect of the proposed tower
on neighboring properties.
A.
Findings.
(1)
Satellite antennas can be visually bulky and unsightly due to
their shape, opacity and size, particularly in residential areas.
Satellite antennas, because of their mass, are often more noticeable
than other antennas.
(2)
The desire to obtain maximum signals with as little interference
as possible may, without regulation, lead satellite antenna owners
to place antennas in inappropriate locations aesthetically and/or
in unsafe locations.
(3)
The size, construction and mounting specifications of some larger
satellite antennas can render them subject to falling over and to
severe wind loadings, necessitating attention to installation to avoid
injury to persons and property.
(4)
Satellite antennas, when ground-mounted, can be an attractive
site for children to climb.
(5)
The visual impact of larger satellite antennas in residential
areas is more significant than in commercial or business areas because
building size is smaller and land use is less dense in residential
areas than in commercial/business areas.
B.
Purpose. The purposes of this section are as follows:
(1)
To permit reception of satellite transmissions while minimizing
the potential for adverse safety and aesthetic impacts of such uses.
(2)
To diminish the visual impact of satellite antennas.
(3)
To encourage safety in the placement of satellite antennas so
as to avoid injury to persons and/or property in the area.
(4)
To facilitate aesthetic integration of satellite antennas and
radio antennas into overall building and/or lot design.
C.
No satellite dish antenna shall be erected, constructed, installed
or permitted unless a building permit is issued by the Town of Cazenovia
Codes Enforcement Officer.
(1)
The application for a building permit shall, in addition to
all other requirements, contain a plot plan sketch showing the proposed
location of the dish on the applicable lot. The sketch plan shall
show the dimensions, height, color and design of the dish. In addition,
the sketch shall show all natural and proposed screening of the dish.
(2)
Dimensions. Any satellite dish antenna located within the Town
of Cazenovia shall not exceed six feet in any dimension, height, width,
depth or diameter. All measurements of height shall be taken from
the base at ground level to such satellite dish's full vertical position.
Measurements shall include all attachments, supports, guy wires and
other equipment attached to or being a part of the antenna.
(3)
Location. No more than one satellite dish antenna (unless less
than one meter in diameter) shall be located on any lot. All satellite
dish antennas shall be installed at ground level. No rooftop siting
or mounting is permitted. All such antennas shall be located in the
rear yard of the owner's property 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. The natural grade of the land may not be altered
in any manner so as to provide a greater elevation for the satellite
dish antenna.
(4)
Screening. The owner of any satellite dish antenna shall install
screening to prevent the dish from being visible from roadways or
neighboring residences, insofar as is reasonably practical, without
materially impairing or interfering with reception. Screening may
include natural and existing screening such as trees or residences.
(5)
Standards.
(a)
All installations shall be in compliance with the manufacturer's
instructions, and satellite antennas shall be erected in a good and
workmanlike manner.
(b)
All satellite antennas and the construction and installation
thereof shall conform to applicable electrical, fire prevention and
building codes.
(c)
All satellite antennas shall meet manufacturer's specifications,
be of noncombustible and corrosive-resistant material and be erected
in a secure, wind-resistant manner.
D.
Special permits. In the event that an owner can demonstrate that
the regulations set forth herein pertaining to the location and screening
of satellite dish antennas materially prevent or impair reception
of satellite services, that owner may apply to the Town of Cazenovia
Zoning Board of Appeals for a special permit in accordance with the
Zoning Ordinance. In such an event, the applicant must demonstrate
the following:
(1)
The satellite dish antenna cannot be located in any location
on the owner's lot in compliance with this section so that reception
of signal is possible.
(2)
The location applied for in the special permit request is the
minimum deviation from this section needed in order to obtain reception
of a signal.
(3)
The applicant cannot receive a suitable signal with an exempt
satellite dish antenna in a more visible or unscreened location.
(4)
Alternative measures taken to minimize the visual impact to
neighbors and the public of the proposed satellite dish antenna. In
addition to other relevant factors, the Zoning Board of Appeals shall
consider the color, height, geographic restrictions, size of the lot
and density of the neighborhood in each instance.
E.
Exemptions. The following satellite dish antennas shall be exempt
from the operation of this section:
