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:
SATELLITE TELEVISION ANTENNA
An apparatus capable of receiving communications from a transmitter
or transmitter relay located in planetary orbit.
USABLE SATELLITE SIGNAL
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:
A. 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.
B. 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.
A. No installations shall be allowed over or upon an easement.
B. 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.
C. 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.
D. 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.
E. 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.
F. All antennas and the construction and installation thereof shall
conform to applicable electrical and building codes.
G. Antennas shall meet manufacturer specifications, be of noncombustible
and corrosive-resistant material and be erected in a secure, wind-resistant
manner.
H. Every antenna must be adequately grounded for protection against
a direct strike of lightning.
I. The Code Enforcement Officer shall, before approving and issuing
said permit, determine whether or not the proposed antenna and/or
its installation will:
(1) In any way adversely affect the public health, safety or welfare.
(2) Interfere with the reasonable use and enjoyment of aesthetics of
abutting properties.
(3) 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.