Fanwood |
Code of Ordinances |
Part II. General Legislation |
Chapter 184. Land Use |
Part 3. Zoning |
Article XIV. Accessory Uses, Buildings and Structures |
§ 184-136. Antennas, earth stations, satellite dishes and similar equipment.
Latest version.
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Exempt antennas as defined in Article II shall be exempt from the provisions of this article and any other provision of this chapter. Nonexempt radio and television antennas, including satellite dish antennas, accessory to a permitted principal structure on the same premises may be installed, erected and maintained within all districts, but only in accordance with the provisions of this section. Cellular telecommunications antennas are regulated as a conditional use in Article XIX and shall be exempt from the provisions of this section, and governed by the provisions of § 184-138.A.Review and approval procedure. All antennas shall be subject to the review and approval of the Zoning Officer. Applications shall be subject to the following procedure:(1)Each application shall be accompanied by a report prepared by the installer of the antenna explaining why the proposed location was selected over other locations and the reasons, with supporting data, for any requested deviation from the requirements of this section as to location or screening.(2)When deemed necessary by the Zoning Officer, the Town may consult, at the applicant's expense, with an expert in the field of antenna installations for guidance in evaluating an applicant's report when a deviation from the requirements of this section is requested. The applicant shall post a fee calculated by the Zoning Officer, but not to exceed $500, to cover such expense, in the form of cash or a certified check, and against which such review expenses shall be charged. All sums not actually so expended shall be returned to the applicant at the time the permit is either issued or denied.(3)The Zoning Officer may permit deviations from the requirements of this section when it is demonstrated by the applicant that such deviations are necessary to enable proper antenna reception.B.General regulations. The following general regulations shall apply to antennas in residential or nonresidential districts.(1)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.(2)Ground-mounted antennas shall be any antenna with its base mounted directly in the ground, even if such antenna is supported or attached to the wall of a building. Fixed-guyed antenna tower shall be fascia-mounted or guyed according to approved standards. Wire antennas that are not self-supporting shall be supported by objects within the property lines but not within any front yard areas.(3)The antenna, including guy wires, supporting structures and accessory equipment, shall be located and designed so as to minimize to the greatest extent possible the visual impact on surrounding properties and from public streets. Antennas shall be screened from view through the addition of anti-climb fencing and architectural features or evergreen landscaping that harmonize with the elements and characteristics of the property; provided, however, that no screening shall be required which would inhibit adequate reception. Screening by fencing or plantings may be waived if natural terrain and landscaping provide adequate screening. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garnish or reflective, and all antennas shall blend with the surrounding environment.(4)Antennas shall meet all manufacturers specifications. The mast or tower shall be of noncombustible and noncorrosive hardware, such as brackets, turn buckles, clips and similar type equipment subject to rust or corrosion, and shall be protected with a zinc or cadmium coating by either galvanizing or a similar process after forming. These finishes are selected to guard against corrosion and to protect the element against electrolytic action due to the use of adjoining dissimilar metals.(5)Power control and signal cables to or from the antenna shall be by underground conduit.(6)All antennas shall be located, designed, constructed, treated and maintained in compliance with the requirements of the Uniform Construction Code and the requirements set forth below. The requirements below have been designed with the intent of advancing and achieving health, safety and aesthetic interests and objectives and are further intended to operate so as not to impose unreasonable limitations on, or prevent, reception of satellite delivered signals or to impose costs on the users which are excessive in light of the cost of purchase and installation.(7)No antenna or antenna structure located in the Borough regardless of when it was erected, shall be used as a sign or as a supporting structure for any sign or lettering.C.Antennas in residential districts. Antennas in the residential districts shall be subject to the following additional regulations:(1)No lot shall contain more than two antennas, not more than one of which may be a satellite dish antenna.(2)Antennas shall be located in the rear yard only and shall be located at least 10 feet from any property line.(3)Roof-mounted antennas of any type shall not extend higher than 15 feet above the highest point of the roof, provided the satellite dish antennas shall not be permitted on the roof unless necessary for reception. In such instances, no roof-mounted satellite dish antenna shall exceed eight feet in diameter nor extend higher than 10 feet above the highest point of the roof. A roof-mounted satellite dish antenna shall be of mesh construction. Such satellite dish antenna shall be located, if reception is possible at such location, on roofs when the satellite dish is shielded from view from the street or by other portions of the roof or structure.(4)Ground-mounted accessory antennas of any type shall not extend higher than 50 feet above adjacent ground level, except that ground-mounted, satellite dish antennas shall not exceed 10 feet in diameter nor 12 feet in height.D.Antennas in nonresidential districts. Antennas in the nonresidential districts shall be subject to the following additional regulations.(1)Antennas shall be located in the rear yard and shall be located at least 10 feet from any property line.(2)An antenna may be erected on the roof of a building, provided that the building, including the antenna, falls within the height limits established for the district, provided that satellite dish antennas subject to this article shall not be permitted on the roof.(3)Ground-mounted antennas shall not exceed five feet in height, provided that no ground-mounted dish antenna shall exceed a diameter of 16 feet nor extend about the ground more than 18 feet.
Amended 12-13-2001 by Ord. No. 01-22R