§ 190-85. Height regulations.

A. 

General application. No building or structure shall have a greater number of stories, nor have an aggregate height of a greater number of feet than is permitted in the district in which such building or structure is located, except as noted elsewhere in this chapter.

B. 

Permitted exceptions to height regulations.

(1) 

Chimneys, cooling towers, elevators, bulkheads, fire towers, gas tanks, grain elevators, solariums, steeples, penthouses, stage towers or scenery lofts, tanks, water towers, ornamental towers, or spires, communications, radio or television towers or necessary mechanical appurtenances, may be erected as to their height in accordance with existing or hereafter adopted ordinances of the City, provided that no tower other than a church spire or tower of a public building shall exceed the height regulations by more than 25%. No tower shall be used as a place of habitation or for tenant purposes. No sign, nameplate, display or advertising device of any kind whatsoever shall be inscribed upon or attached to any chimney, tower, tank or other structure which extends above the height limitations.

(2) 

In any residential district, any main building may be erected to a height in excess of that specified for the district, provided that each front, side and rear yard is increased one foot for each one foot of such additional height.

(3) 

In a B-2 Central Business District only, a multifamily structure or main building may be erected to a height of up to 12 stories or not to exceed 120 feet from the grade of the street. In such case, a building permit shall not be issued by the Building Inspector except upon application therefor, which application requires Planning Board review and approval as outlined in other sections of this chapter.

C. 

Antennas, satellite. No satellite-receiving television antenna shall be erected or constructed, except in conformance with the following regulations:

[Added 3-18-1987]

(1) 

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

SATELLITE-TELEVISION-RECEIVING ANTENNA

An apparatus capable of receiving communication signals from orbiting satellites.

USABLE SATELLITE COMMUNICATION SIGNALS

Signals which, when viewed on a conventional television set, are at least equal in picture quality to that received from local commercial television or by way of cable television.

(2) 

Antenna location.

(a) 

In any industrial zone, such antenna may be located on the lot or building thereon.

(b) 

In any business or residential zone, subject to the provisions contained herein, such antenna shall be located only in the rear yard of any lot. If a usable satellite signal cannot be obtained from such rear yard, the antenna may be located in the side yard or on the structure on the property, subject to the approval of the Planning Board in accordance with Subsection C(2)(c). In such instances, the applicant must provide written evidence from a satellite-receiving station installer, showing that a usable satellite signal is not obtainable from any other rear lot location on the property.

(c) 

In requesting permission of the Planning Board to locate an antenna in an area other than the rear yard, an applicant shall make a written request to the Planning Board for permission to do so. Upon receipt of such application, the Planning Board shall hold a public hearing for the purposes of giving the applicant and other interested parties an opportunity to be heard. The Planning Board shall cause one public notice, setting forth the time, place and purpose of the hearing, the name of the applicant, the nature of the application and the description of the property involved, to be published once in the official newspaper of the City at least five days before such hearing. A copy of such notice shall be sent by ordinary mail by depositing the same in a plain sealed envelope addressed to the last known address of all owners abutting the property which is the subject of the application, such notice to be postmarked at least eight days before the hearing. The most recent assessment roll of the City of Lockport shall be used to determine the identity of the owners of such property. The affidavit of publication and the affidavit(s) of mailing shall be deemed legal notification to all interested parties and shall be filed with the records of each public hearing held by the Planning Board.

(3) 

Restrictions.

(a) 

In a business or residential zone, such antenna shall not exceed existing height, regulations by 25% or more than 15 feet above the existing peak of the structure, including any platform or structure on which said antenna is mounted or affixed. Such antenna may not exceed 12 feet in diameter.

(b) 

In all zones, satellite television receiving antennas shall be located and designed to reduce visual impact from surrounding properties at street level and from public streets.

(c) 

All antennas and the construction and installation thereof shall conform to applicable New York State Building and Electrical Code regulations and requirements.

(d) 

Antennas shall meet all manufacturer's specifications, be of noncombustible and corrosive-resistant materials and be erected in a secure, wind-resistant manner, conforming to New York State Building Codes and approved by local authorities having jurisdiction.

(e) 

Every antenna must be adequately grounded for protection against a direct strike of lightning.