Town of LeRoy, NY
Genesee County
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[HISTORY: Adopted by the Town Board of the Town of LeRoy 12-12-1988. Amendments noted where applicable.]
Building construction — See Ch. 51.
Zoning — See Ch. 165.
The Town Board of the Town of LeRoy has become concerned about the appearance and impact of satellite antennas, commonly referred to as "dish antennas." The Board finds that, unless regulated, such antennas can be installed in an aesthetically unpleasant manner with an adverse impact on surrounding properties. The intent and purpose of this chapter is to establish a procedure and criteria to avoid the adverse impacts of the installation of such antennas and to preserve the character, beauty and general welfare of the municipality.
As used in this chapter, the following terms shall have the meanings indicated:
An apparatus capable of receiving communications from a transmitter or transmitter relay located in planetary orbit.
A satellite signal which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations or by way of cable television.
No person shall cause, suffer or permit the erection and/or maintenance of any parabolic, dish or other antenna or device, the purpose of which is to receive television, radio and/or microwave or other electrical signals from space satellites, except as set forth herein:
Any such antenna shall be considered a structure, requiring a building permit, and as such shall not be located forward of the rear wall of the main structure on the lot. Side and rear setbacks shall be in accordance with Article IV of Chapter 165.
If these setbacks cause unnecessary hardship, an application for a variance may be filed with the Board of Appeals of the Town of LeRoy.
Applications for building permits shall be made to the Code Enforcement Officer. Plans and sketches shall be submitted by the owner of the premises only. Said plan shall show the location of all physical improvements on the subject premises and the proposed location of the antenna. Proposed new landscaping shall be depicted. The applicant shall present documentation of the possession of any required license by any federal, state or local agency as provided herein.
No installations shall be allowed over or upon an easement.
The diameter of such dish shall not exceed 12 feet, and the height of such device and its installation shall not exceed 15 feet above ground level at its maximum height.
The color of such installation shall be in solid earthtones, and said color tones shall be maintained in such character during the usage of said satellite antenna under this permit.
All satellite television antennas shall be effectively screened on all sides that do not create an adverse picture reception by a solid fence, compact evergreen hedge, planting screen or principal structure. Satellite television antennas shall be located and designed to reduce or eliminate visibility from surrounding properties at street level and from public streets.
All installations shall be accomplished under the permit in a good, workmanlike manner and shall be installed so as to assure no safety problems resulting from wind, electrical or other factors giving rise to an unsatisfactory safety condition.
All antennas and the construction and installation thereof shall conform to applicable electrical and building codes.
Antennas shall meet manufacturer specifications, be of noncombustible and corrosive-resistant material and be erected in a secure, wind-resistant manner.
Every antenna must be adequately grounded for protection against a direct strike of lightning.
The Code Enforcement Officer shall, before approving and issuing said permit, determine whether or not the proposed antenna and/or its installation will:
In any way adversely affect the public health, safety or welfare.
Interfere with the reasonable use and enjoyment of aesthetics of abutting properties.
Be in keeping and character with the use of abutting properties.
The Town Board of the Town of LeRoy shall establish a fee to be paid by the applicant at the time of filing said application, which said fee is designed to reasonably offset the administrative costs of administering this Code provision.
A person or organization who shall violate any provision of this chapter or shall fail to comply herewith or shall violate or fail to comply with any order, rule or regulation made hereunder shall be punished therefor as provided under § 165-45.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).