As used in this article, the following words and terms shall
have the meanings respectively ascribed to them:
Any apparatus, external to or attached to the exterior of
a building, together with any supporting structure, for sending or
receiving electromagnetic waves.
Any antenna which incorporates a reflective surface that
is designed to transmit or receive microwave signals from terrestrial
and/or orbitally based uses.
Any antenna with its base mounted directly in the ground,
even if such antenna is supported by or attached to the wall of a
building.
Shall extend and be applied to associations, corporations,
firms, partnerships and bodies politic and corporate as well as to
individuals.
That area within the direct line between the land-based antenna
and the orbiting satellite.
(1971 Code, sec. 5-121)
(a)
It shall be unlawful and a violation of this article to erect, cause to be erected, maintain or cause to be maintained any antenna except those listed in subsection (b) of this section, without first having obtained a permit. It shall be the duty of the applicant to provide plans and specifications and to request a final inspection upon completion of the installation.
(b)
The
following antennas shall be exempt from the permit requirements of
this article, but shall comply with all other provisions:
(1971 Code, sec. 5-122)
It shall be the duty of the Town Building Inspection Department
to inspect all antennas to determine compliance with this article.
For issuance of the permit, an inspection fee in the amount of one
(1) percent of the cost of the antenna plus installation, but not
less than twenty-five dollars ($25.00), shall be paid to the Building
Inspection Department prior to the issuance of such permit.
(1971 Code, sec. 5-123)
All antennas shall be constructed and maintained in accordance
with the following requirements:
(1)
All
electrical apparatus of any antenna shall comply with the National
Electrical Code, as adopted and amended by the Town.
(2)
All
antennas shall be designed and installed in accordance with the Town
building code and amendments thereto and all other applicable ordinances.
(3)
All
ground-mounted antennas shall be restricted to placement in the rear
yard area as defined in section 22 of Ordinance No. 676, the Town’s
zoning ordinance, and any applicable amendments thereto, or within
the rear half of the lot within setback lines for the main building
as established by sections 8-500 and 8-600 of Ordinance No. 676, and
any applicable amendments thereto, of the Town’s zoning ordinance.
(4)
Ground-mounted
antennas shall not exceed forty-five (45) feet in height and may not
have any horizontal element which exceeds fifteen (15) feet in length.
Not more than one (1) ground-mounted antenna shall be allowed per
building site.
(5)
Roof-mounted
antennas shall not extend more than ten (10) feet above the peak elevation
of the roof upon which mounted or exceed the height limitations of
section 10-102 of the zoning ordinance.
(6)
No
portion of an antenna array shall extend beyond the property lines
or into any front yard area. Guy wires shall not be anchored within
any front yard area, but may be attached to the building.
(7)
Any
antenna, if painted, must be in a solid color without commercial messages
or graphics.
(1971 Code, sec. 5-124)
All dish antennas greater than eighteen (18) inches in any dimension
constructed and maintained in any district zoned for residential,
two-family, or apartment uses shall be subject to the following additional
restrictions and limitations:
(1)
All
such antennas shall be permanently ground-mounted and restricted from
placement on any structure above ground level such as fences, house
roofs, or other building improvements; and
(2)
All
such antennas shall conform to height restrictions as measured from
the average grade of the ground to the uppermost portion of the dish
antenna. All dish antennas and the associated screening or fencing
shall not exceed an overall height of ten (10) feet, and placement
must conform to side and rear yard setback requirements for accessory
buildings as defined in section 12 of Ordinance Number 676, and any
applicable amendments thereto, the Town’s zoning ordinance;
and
(3)
All
such antennas shall be screened at ground level from view from an
adjacent lot, street, or alley. Any existing dwelling on the lot,
unbroken rear yard fencing, or continuous landscaping that is effective
year-round constitutes acceptable screening from view. Screening shall
be ten (10) feet in height, except dish antennas with a height of
less than ten (10) feet may be screened the same height as the dish.
Screening shall be compatible with other improvements on the site.
Compatible includes materials used, color and quality of construction.
Drawings and specifications for screening will be submitted with the
application for the dish antenna. Landscaping used for screening will
be replaced immediately if destroyed or damaged; and
(4)
Each
residence and apartment structure shall be limited to one (1) dish
antenna. A duplex or two-family dwelling unit shall be limited to
one (1) dish antenna per dwelling unit.
(1971 Code, sec. 5-125)
All dish antennas greater than eighteen (18) inches installed
in commercial or nonresidential zoning districts shall be subject
to the following additional restrictions and limitations:
(1)
Dish
antennas in nonresidential areas may be mounted or placed on the primary
or accessory structure, provided the dish does not exceed ten (10)
feet in height and is screened on all sides with a screening material
approved by the Town’s building code and does not exceed the
height limits for the structure on which it is mounted.
(1971 Code, sec. 5-126)
(a)
There
shall be and is hereby created a Planning Review Board for the Town,
which shall consist of five (5) members, including a Chairman, to
be appointed by the Mayor with the advice and consent of the Town
Council. Vacancies shall be filled in the same manner as the original
appointments.
(b)
The
members of the Planning Review Board shall serve for a term of two
(2) years.
(c)
It
shall be the duty of the Planning Review Board to hear and decide
any appeal, decision, order or interpretation pertaining to this article,
and it shall have the authority to approve deviations from requirements
in this article on a concurring vote of four (4) members.
(d)
Where
in a specific case an application for a variation of any decision
of the Town Building Inspection Department is made by a written application,
it shall be accompanied by the payment of a two hundred dollar ($200.00)
filing fee payable to the Town, and explanation of the certain exceptions
peculiar to the applicant’s property or its environment such
that strict application of the regulations of this article would result
in practical difficulties and hardships upon the applicant. Where
applicable, the following shall be submitted prior to board consideration:
(2)
The height of the proposed installation does not exceed the maximum
height restriction for structures for the district.
(3)
If mounted on a structure, the application must include certification
by a registered engineer that the proposed installation complies with
regulations of the building code and electrical code as adopted by
the Town. Written documentation of such compliance, including load
distribution within the building’s support structure, shall
be furnished.
(4)
The application must include a site plan showing adjacent properties,
views and screening features.
(5)
In considering approval, the following may be required to mitigate
any negative impacts from installation:
(A)
Wire-mesh dishes instead of solid.
(B)
Painting to blend with the surroundings.
(C)
Screening compatible with the design of the primary structure.
(D)
Location of roof-mounted installation in relation to property lines.
(E)
Minimum height to obtain obstruction-free reception window.
(F)
Roof-mounted dish antennas or ground-mounted dish antennas over ten
(10) feet in height shall not exceed eight (8) feet in diameter.
(e)
The
Planning Review Board shall fix a reasonable time for the hearing
of an appeal, giving public notice by publication in the official
publication of the Town stating the time and place of such hearing,
which time shall not be earlier than fifteen (15) days from the date
of publication. In addition, all property owners within two hundred
(200) feet of the applicant’s property shall be mailed a copy
of the notice of the hearing and a copy of the applicant’s appeal
not earlier than fifteen (15) days thereof.
(f)
The
Planning Review Board, when in its judgment the public convenience
and welfare will be substantially served and the appropriate use of
the neighboring properties will not be substantially injured, subject
to appropriate conditions and safeguards, may authorize the issuance
of a permit in such case.
(1971 Code, sec. 5-127)
This article shall be enforced by the Town Building Inspection
Department, and appeals from decisions by the Building Inspector shall
be made in writing to the Planning Review Board within thirty (30)
days thereafter.
(1971 Code, sec. 5-128)
Any person or owner who has erected or has caused to be erected
or maintains an antenna in violation of the provisions of this article
shall have a period of thirty (30) days from the date of the passage
of this article (September 8, 1986) to bring the existing antenna
into compliance.
(1971 Code, sec. 5-129)
Antennas located in specific use zones, or for use by the Town
in any municipal communication, shall be exempt from the provisions
of this article.
(1971 Code, sec. 5-130)
