Zoning — See Ch. 108.
§ 81-2Installation restrictions; permit required.
§ 81-3Application for variance.
§ 81-4Public hearings.
§ 81-5Application approval.
§ 81-5.1Regulations for nonresidential districts.
§ 81-7Permit fee.
§ 81-8Penalties for offenses.
As used in this chapter, the following terms shall have the meanings indicated:
- 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.
The provisions of §§ 81-1, 81-2, 81-3, 81-4, 81-5, 81-6, 81-7 and 81-8 shall only apply in those areas within the Village of Churchville designated R-1 Residential Use District, R-2 Residential Use District or PRD Planned Residential Development Use 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:
Any such exterior satellite television antenna or other type of antenna shall be confined to the rear yard of any parcel of realty. No more than one satellite television antenna or any other type of antenna shall be located 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 from the lot line adjacent to the nearest street line.
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.
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 and shall contain all of the information requested thereon and also such information as provided for in securing a conditional use permit from the Planning Board as set forth in § 108-83 of the Code of the Village of Churchville.
No installations shall be allowed over or upon an easement.
The diameter of a dish type antenna shall not exceed eight feet, and the height of such device and its installation shall not exceed 10 feet at its maximum height, width or depth.
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.
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.
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.
Completed applications for permits shall be complete and signed by the owner of the property and shall be reviewed by the Building Inspector and, where necessary, the Engineer.
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 set forth under § 108-1, Definitions, Subsection B of the Village of Churchville Zoning Code.
No satellite television antenna or antenna of any sort shall exceed the height restrictions provided for in the Zoning Code of the Village of Churchville 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.
Every installation shall be shrubbed or landscaped pursuant to a plan to be approved by the Planning Board.
The installation shall comply with any and all applicable rules, regulations and sections of the Village of Churchville Zoning Code.
The applicant shall present the approved application to the Village Board of Trustees and the Planning Board, pursuant to the provisions of § 108-83 of the Village of Churchville Zoning Code, and the application shall thereafter be processed under the provisions of §§ 108-83 and 108-84 of the Village of Churchville Zoning Ordinance, and no satellite television antenna nor any other type of antenna shall be erected unless a conditional use permit is issued to the applicant by the Planning Board.
The application shall be accompanied by an initial permit application fee in an amount to be determined by the Village Board.
If, after public hearing pursuant to the provisions of § 108-83 of the Village of Churchville Zoning Code, the Planning Board shall grant a conditional use special permit, then the Building Inspector shall issue a building permit allowing the construction of the satellite television antenna or other type of antenna.
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 the Village of Churchville Zoning Code.
All applications for a variance shall be upon written application to the Zoning Board of Appeals and shall contain the following information:
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:
The location of property lines and easements.
The location of all structures on the side and all structures within 10 feet of the property lines.
The location of all utility poles, above and below ground utility lines, trees or other natural or artificial structures.
The location, nature and extent of any proposed fencing, buffering, plantings or other screening measures, if any, proposed.
Any other information which the Zoning Board of Appeals deems reasonable or necessary in order to review the application.
After receipt of a completed application, the Zoning Board of Appeals shall hold and conduct a public hearing upon the application and shall give 10 days' public notice thereof in the official newspaper of the village. In addition, written notice shall be given to all landowners within 500 feet of the site covered by the application. Prior to the public hearing, the application shall be referred to the Village Engineer for review and recommendation.
The Zoning Board of Appeals shall review and consider the application and shall determine whether or not the proposed antenna or satellite television antenna will:
The Zoning Board of Appeals in granting any approval may require the application to provide adequate or suitable screening, fencing, anticlimb protection or other protective measures as it deems necessary or proper to reduce or eliminate aesthetic or safety concerns.
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.
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 § 81-1, the purpose of which is to receive television, radio and/or microwave or other electrical signals from space satellites or any other source, in B Business Use Districts, HC Highway Commercial Districts, F Industrial Use Districts and LI Light Industrial Park Districts:
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.
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 of Trustees for approval or denial. The Board of Trustees 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.
Before the Board of Trustees 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 shall be required for the construction of the facility.
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 said fee is designed to reasonably offset the administrative costs of administering the provisions of this chapter.
A person or corporation who 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 be punished therefor as provided under § 1-15 of the Village of Churchville Zoning Code.