PART II, GENERAL LEGISLATION

Chapter 136, SATELLITE ANTENNAS

[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye Falls 10-19-1987 as L.L. No. 4-1987. Amendments noted where applicable.]

GENERAL REFERENCES
Building Code administration and enforcement -- See Ch. 070.
Zoning -- See Ch. 070.

§ 136-1. Purpose. [Amended 11-20-1995 by L.L. No. 5-1995]

The Village of Honeoye Falls has become concerned about the appearance and impact of 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.

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§ 136-2. Definitions. [Amended 11-20-1995 by L.L. No. 5-1995]

As used in this chapter, the following terms shall have the meanings ascribed thereto:

DISH ANTENNA -- An apparatus capable of receiving communications from a transmitter or relay.

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§ 136-3. Applicability of zoning provisions. [Amended 11-20-1995 by L.L. No. 5-1995]

For purposes of the Zoning Law of the Village of Honeoye Falls,EN a dish shall be, in all respects, considered an accessory structure and/or building and shall be subject to all the rules and regulations of the Zoning Law of the Village of Honeoye Falls; provided, however, that a building permit for a dish having an area seven (7) square feet or less or a diameter three (3) feet or less shall be issued by the Building Inspector without the approval of the Planning Board.

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§ 136-4. Installation requirements. [Amended 11-20-1995 by L.L. No. 5-1995]

No person shall cause, suffer or permit the erection, installation and/or maintenance of any dish antenna or device, the purpose of which is to receive television, radio and/or microwave or other electrical signals, except as hereinafter set forth:

  1. No antenna shall be erected without a building permit.
  2. Any antenna located on the ground shall not be located forward of the rear wall of the main structure on the lot.
  3. All antennas shall be constructed, erected, maintained and installed in accordance with the applicable laws and codes of the Village of Honeoye Falls and the State of New York.
  4. All antennas shall meet all manufacturer's specifications, be of noncombustible and corrosive-resistant material and be erected in a secure, wind-resistant manner.
  5. All antennas must be adequately grounded for protection against a strike by lightning.
  6. An antenna located on the roof of a nonresidential dwelling shall not exceed twelve (12) feet in height; and an antenna located on the roof of a residential dwelling shall not exceed three (3) feet in height.
  7. All antennas shall be effectively screened on all sides that do not interfere or create an adverse reception. Screening shall include, but not be limited to, fencing, compact evergreen hedge, planting screen, structure or any other reasonable screening device approved by the Planning Board. Said antennas shall be located and designed to reduce or eliminate visibility from surrounding properties and public streets.
  8. Number.
    1. No more than one (1) dish antenna shall be allowed per detached single-family unit, duplex or triplex or per occupant of a nonresidential building.
    2. Multifamily apartment dwellings, including condominiums, townhouses and apartment buildings, containing four (4) or more attached living units, commercial or industrial buildings shall be allowed up to two (2) antennas.
  9. Any antenna located on a residential or nonresidential building or structure shall be erected or situated so as to eliminate or reduce visibility from the public streets and the surrounding properties.

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§ 136-5. Building permit.EN

  1. An application for building permit shall be made to the Building Inspector by the owner of the parcel of land. Plans and sketches shall be submitted by the owner of the premises only. Said plans shall show the location of all physical improvements on the subject premises, the proposed location of the antenna and the new landscaping for screening, including measurements and distances from lot lines and structures. The applicant shall also present any documentation of the possession of any required licensing by the federal, state or local governments.
  2. The Building Inspector 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 or aesthetics of abutting properties.
    3. Be in keeping with the character and with the use of abutting properties.
    4. Comply with this chapter and the other laws and codes of the Village of Honeoye Falls and the State of New York.
  3. The Building Inspector shall refer any application for a building permit for an antenna having an area greater than seven (7) square feet or a diameter greater than three (3) feet to the Planning Board for review and approval. [Added 11-20-1995 by L.L. No. 5-1995]

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