§ 193-1Findings; purpose.
§ 193-3Applicability of zoning provisions.
§ 193-4Administrative officer.
§ 193-5Permit required; fee.
§ 193-6Application for permit.
§ 193-8General regulations.
§ 193-9Inspection; notice of violation; penalties for offenses; abatement
§ 193-10Effect on existing structures.
The Village of Blasdell has become concerned about the appearance and impact of satellite antennas, commonly referred to as "dish antennas." 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 and/or ANTENNA
- An apparatus capable of receiving communications from a transmitter or transmitter relay located in orbit.
For the purposes of Chapter 267, Zoning, of the Code of the Village of Blasdell, a satellite television antenna shall be, in all respects, considered an accessory structure and/or building and shall be subject to all the rules and regulations of Chapter 267, Zoning, of the Code of the Village of Blasdell.
The provisions of this chapter shall be administered by the Building Inspector of the Village of Blasdell.
No person shall erect a satellite antenna in the village without first obtaining a permit, and no installation or erection shall commence before such permit is issued. The application fee for a permit to install a satellite antenna shall be $75.
Any person who desires to install or erect a satellite antenna shall apply to the Building Inspector for a permit. An occupant, renter or co-owner shall have the written permission of all owners of the lot, premises or parcel of land within the village on which such satellite antenna is proposed to be installed or erected.
The applicant shall submit a written application upon forms provided by the Building Inspector and shall also submit:
A plot plan of the property or parcel of land showing the exact location of the proposed satellite antenna and all other buildings on the subject property.
A description of the kind of satellite antenna proposed.
Plans showing specifications and elevations of the proposed satellite antenna with sufficient details to show the method of assembly and construction.
The written application shall indicate the names of the owners of the subject property, the occupants of the subject property and the contractor or other person proposed to construct or erect the proposed satellite antenna.
The Building Inspector may issue the permit, provided that the applicant has met all requirements of this chapter.
No satellite antenna may be placed in the front yard of any lot in the village.
A satellite antenna may be placed on a lot only in the rear yard; provided, however, that on a clear and convincing showing that a reasonably satisfactory signal cannot be obtained from a rear yard location, the Building Inspector may permit the antenna to be located in the side yard. The satellite antenna may be placed on either a ground mount or a pole mount. If a satisfactory signal cannot be obtained in either the rear or side yard, the applicant can appeal to the Building Inspector and, upon a clear and convincing showing that a satisfactory signal cannot be obtained in either yard, the Building Inspector shall permit the antenna to be located on the roof of any main building on the lot.
All antennas shall be constructed, erected, installed and maintained in accordance with the applicable laws and codes of the Village of Blasdell and the State of New York.
No more than one satellite dish antenna shall be allowed per unit.
All ground-mounted, pole-mounted and roof-mounted satellite antennas shall be installed in strict accordance with the manufacturer's specifications, and said specifications shall be submitted to the Building Inspector for approval before installation commences.
Inspection by the Building Inspector shall be made during installation and after said installation is completed.
No ground-mounted satellite antenna shall be higher than 12 feet.
A pole-mounted satellite antenna shall be embedded in four feet of concrete and attached to the side of the house.
The diameter of a satellite dish may not exceed eight feet and said dish shall be perforated.
All satellite antennas shall be grounded against direct lightning strike.
All satellite antennas shall be erected to withstand at least eighty-mile-per-hour winds.
All satellite antennas shall meet all manufacturer's specifications and be of noncombustible as well as corrosive-resistant material.
All satellite antennas shall be located and designed to reasonably reduce visual impact from surrounding properties at street level and from public streets.
The Building Inspector is empowered to inspect and reinspect erected or installed satellite antennas and/or antennas. If aforementioned antennas do not comply with any village ordinance, the owner shall be notified by a written order to make repairs and alterations to bring the antenna, appurtures, fixtures, fencing and landscaping into compliance with the Code within 30 days or to remove the antennas within 20 days after service of said written order.
The Building Inspector may issue a summons in the Village Court of Blasdell in the event that his order is not complied with as required above. The judge of the village shall hear the charge and determine whether the defendant is guilty of the violations charged and shall punish any violator pursuant to Subsection C of this section.
The owner or agent of a building or premises where a violation of any provision of these regulations shall have been committed or shall exist or the agent, architect, building contractor or any other person who shall commit, take part or assist in any such violation or who shall maintain any building or premises in which any violation of this chapter shall exist shall, for each and every violation, be subject to the penalties set forth. Each day that a violation is permitted to exist shall constitute a separate offense.
No person, firm or corporation shall erect or maintain a satellite antenna except in compliance with provisions of this chapter. In addition to any other penalty provided by law, any structure erected or maintained in violation of the provisions of this chapter shall be deemed and considered a nuisance, and the village is hereby empowered to obtain judicial relief requiring abatement of said nuisance, including the removal of any structure erected or maintained or installed in violation of the terms of this chapter. In the event that the village is forced to enforce the provisions of this chapter through the seeking of injunctive relief, the village shall be reimbursed for all of its costs, expenses and attorney's fees incurred in enforcing the provisions of this chapter.
Subject to the provisions of this section, any satellite antenna now existing in the village is hereby declared to be a legal nonconforming structure.