§ 167-35. Antennas.

A. 

No person shall cause, suffer or permit the erection and/or maintenance of any antenna upon any lands owned by them within the Town of Malta unless in conformity with the provisions herein set forth. The erection and/or maintenance of any antenna which is not in conformity with the provisions herein set forth will not be permitted unless a special use permit has been obtained from the Zoning Board of Appeals of the Town of Malta as provided for in this section.

(1) 

Location. The antenna shall be confined to the rear yard of any lot and shall be ground level, or when roof-mounted, the antenna shall be located on a portion of the roof sloping away from the front of the lot, and no part thereof shall project above the ridgeline.

(2) 

Structure size. The antenna shall be not more than 15 feet in diameter.

(3) 

Height. The antenna shall be not more than 15 feet maximum height, measured vertically from the highest point of the antenna or dish when positioned for operation to the base which supports the antenna.

(4) 

Landscaping/screening requirements. A minimum side and rear yard setback of 15 feet from adjacent property owners and streets is required.

(5) 

Mounting or installation standards. The antenna shall be properly mounted to stay in place and to withstand wind load and ice.

(6) 

No more than one satellite antenna shall be permitted on any one lot, and the antenna shall be located in the same site as it services.

B. 

Upon application for a special use permit pursuant to this section, the applicant must submit the following information:

(1) 

A construction drawing.

(2) 

The method of installation.

(3) 

A site plan depicting structures and planting on property and all adjacent properties.

(4) 

Proof of ownership.

(5) 

Such other information as the Zoning Board of Appeals may deem appropriate.

C. 

In passing upon applications made pursuant to this section, where there are practical difficulties or unnecessary hardships in carrying out the strict letter of this section, the Board of Appeals may vary or modify any of the provisions of this section so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. In granting any such variance, said Board shall prescribe any conditions that it deems to be necessary, desirable or appropriate. In granting such a variance, the Board must make the same findings and follow the same procedure as set forth for the granting of variances in § 167-38.

D. 

The term "antenna," for the purposes of this section, shall include any device used for the reception or transmission of radio or television signals and shall include any tower or other structure necessary to support such device. The term shall not include, however, an ordinary antenna for the direct reception of television or radio signals directly from the individual sources of transmission of said television or radio signals.