As used in this chapter, the following terms shall have the
meanings indicated:
ANTENNA
Any type of antenna or device for receiving signals or transmissions
from space or otherwise through the atmosphere other than a satellite
television antenna.
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.
[Added 2-18-1992 by L.L.
No. 1-1992; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
The provisions of §
181-1, §
181-3, §
181-4, §
181-5, §
181-6, §
181-8, §
181-9 and §
181-10 shall only apply in those areas within the Village of Churchville designated TVR Traditional Village Residential District, LDR Low-Density Residential District or PRD Planned Residential Development District or upon any other parcel of land which is used as a residence in any district within the Village of Churchville.
No person shall cause, suffer or permit the erection and/or
maintenance of any exterior parabolic dish or other radio or satellite
television antenna or device, the purpose of which is to receive television,
radio and/or microwave or other electrical signals from space satellites
or any other source, except as set forth herein:
A. No more than two functioning satellite television antennas or any
other type of antenna shall be located per dwelling on any lot. On
a corner lot, in addition to being confined to the rear yard, the
antenna or satellite television antenna shall not be located nearer
than 55 feet to the lot line adjacent to the nearest street line.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B. No such antenna or satellite television antenna shall be installed
in the Village of Churchville unless a permit and approval has been
granted as provided herein.
(1) Completed applications for a permit to construct a satellite television antenna or any other type of antenna shall be upon a form provided by the Churchville Building Inspector/Code Enforcement Officer and shall contain all of the information requested thereon and also such information as provided for in securing a special use permit from the Planning Board as set forth in Chapter
250, Zoning, Article
XVII, of the Village Code.
(2) No installations shall be allowed over or upon an easement.
(3) The diameter of a dish-type antenna shall not exceed eight feet,
and the height of such device and its installation, if ground-mounted,
shall not exceed 10 feet at its maximum height, width or depth.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4) No part of a satellite television antenna or any other type of antenna
or its installation shall be located within 10 feet of the side or
rear lines of said lot.
(5) Every effort shall be made to provide under said permit that the
color be in solid earth tones so as to reduce or eliminate aesthetic
concerns of the adjoining properties insofar as possible and that
said color tones be maintained in such character during the usage
of said satellite television antenna or any other antenna under this
permit. It is the basic requirement that the colors be solid and in
the black, brown, green, beige or similar muted colors, including
solid mesh construction.
(6) 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.
(7) Completed applications for permits shall be complete and signed by
the owner of the property and shall be reviewed by the Building Inspector/Code
Enforcement Officer and, where necessary, the Village Engineer.
(8) All installations, other than standard roof television antennas, shall be in the rear yard and shall not be on any other structures or buildings and must be freestanding. Each such installation shall be considered a building as defined in Chapter
250, Zoning, §
250-220, of the Village Code.
(9) No satellite television antenna or antenna of any sort shall exceed the height restrictions provided for in Chapter
250, Zoning, of the Village Code for the particular zone in which it is located, except one standard roof-type television antenna may be installed without requiring a permit and approval, as provided for in this chapter, provided that it is installed on the first- or second-story roof of a residential dwelling, which antenna shall not exceed six feet in height.
(10)
Every installation shall be shrubbed or landscaped pursuant
to a plan to be approved by the Planning Board.
(11)
The installation shall comply with any and all applicable rules, regulations and sections of Chapter
250, Zoning, of the Village Code.
(12)
The applicant shall present the approved application to the Village Board and the Planning Board, pursuant to the provisions of Chapter
250, Zoning, Article
XVII, of the Village Code, and the application shall thereafter be processed under the provisions of said Article
XVII. No satellite television antenna nor any other type of antenna shall be erected unless a special use permit is issued to the applicant by the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(13)
The application shall be accompanied by an initial permit application
fee in an amount to be determined by the Village Board.
(14)
If, after public hearing pursuant to the provisions of Chapter
250, Zoning, Article
XVII, of the Village Code, the Planning Board shall grant a special use permit, then the Building Inspector/Code Enforcement Officer shall issue a building permit allowing the construction of the satellite television antenna or other type of antenna.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(15)
In the event that a usable satellite television antenna or other type of antenna signal cannot be obtained by locating the antenna as provided for under the provisions of this chapter and if the applicant can show proof that a usable signal can only be obtained in some other location on the property, then the applicant may apply for a variance as provided for under the provisions of Chapter
250, Zoning, of the Village Code.
All applications for a variance shall be upon written application
to the Zoning Board of Appeals and shall contain the following information:
A. Specific site data on a map, acceptable in form and content to the
Zoning Board of Appeals, which shall be prepared to scale and in sufficient
detail and accuracy so as to depict placement of all component parts
of the antenna, including any guy wires or enclosures, in relation
to:
(1) The location of property lines and easements.
(2) The location of all structures on the site and all structures within
10 feet of the property lines.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3) The location of all utility poles, above- and below-ground utility
lines, trees or other natural or artificial structures.
(4) The location, nature and extent of any proposed fencing, buffering,
plantings or other screening measures, if any, proposed.
B. All information prepared by the manufacturer of the antenna for which
the permit is being sought, including, but not limited to:
(2) The manufacturer's suggested installation instructions.
(3) The manufacturer's suggested maintenance and/or inspection procedures.
C. Any other information which the Zoning Board of Appeals deems reasonable
or necessary in order to review the application.
If the application is approved by the Zoning Board of Appeals
for a variance, the applicant shall submit and file with the Village
prior to the start of construction or prior to use, all FCC, FAA and
other state, federal or local permits or approvals which may be required
for the construction of the antenna or satellite television antenna
and shall submit to the Village, upon completion of the construction
or installation, a certification that the construction or installation
as completed is in full compliance with the manufacturer's suggested
procedures.
[Added 2-18-1992 by L.L.
No. 1-1992; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
The following rules or regulations shall apply for the installation, erection and/or maintenance of any exterior parabolic dish or any other radio or satellite television antenna or device or other antenna, including all types contained in the definitions in §
181-1, the purpose of which is to receive television, radio and/or microwave or other electrical signals from space satellites or any other source in CB Central Business, HB Highway Business, NB Neighborhood Business, GI General Industrial and LI Light Industrial Districts.
A. Before any antennas, satellite television antennas or any similar
antennas mentioned in the preceding paragraph are erected or maintained
in any of the above districts, a plot plan shall be submitted to the
Building Inspector/Code Enforcement Officer of the Village of Churchville.
Such plot plan shall show the location of all buildings on the lot,
the location of the proposed facility and the style, size, color,
design, height and width of the proposed installation.
B. The Building Inspector/Code Enforcement Officer shall review the
proposal with the applicant and make such suggestions or recommendations
as are deemed reasonable based upon health, safety and aesthetic objectives,
and the Building Inspector/Code Enforcement Officer shall thereafter
submit the application to the Village Board for approval or denial.
The Village Board shall approve the installation of the facility unless
it shall set forth in writing reasonable and defined health, safety
and aesthetic objections to the installation.
C. Before the Village Board approves such installation, the applicant
shall have received all required approvals from the Federal Communications
Commission (FCC) or the Federal Aviation Administration (FAA) or any
other state, federal or local permits or approvals which will be required
for the construction of the facility.
D. Section 181-9, Permit fee, and §
181-10, Penalties for offenses, shall apply to all such applications, installations, erections and/or maintenance regulated herein.
Where there are practical difficulties or unnecessary hardships
in the matter of carrying out the strict letter of this chapter, the
Zoning Board of Appeals shall have the power in passing upon any application
required herein to vary or modify any of the regulations or provisions
contained herein so that the spirit of this chapter shall be observed
and the public safety and welfare secured and substantial justice
done.
The Village Board shall establish from time to time a fee to
be paid by the applicant at the time of filing said application, which
fee is designed to reasonably offset the administrative costs of administering
the provisions of this chapter.
A person or corporation who or which shall violate any provisions 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, upon conviction, be punishable as provided in Chapter
1, Article
II, General Penalty, of the Village Code.