Village of Cedarhurst, NY Article XVII Radio Towers

[Added 10-26-1964]

§ 265-131 Construction, installation and maintenance.

A. No radio tower shall be constructed on vacant land. A radio tower shall be constructed only as accessory to a permitted use.

B. A radio tower may be built, altered or used in accordance with the following provisions:

(1) In all residential areas: A radio tower not exceeding 35 feet in height above the mean elevation of the curb and not exceeding more than 10% of the area of the roof on which the same is to be located.

(2) In all business areas: A ratio tower not exceeding 50 feet in height above the mean elevation of the curb.

(a) Where the application, plans and specifications, referred to in Subsection B(3) hereof are filed simultaneously with a petition for special exception, the filing fee for said application, plans and specifications prescribed in Subsections D(1) and (2) shall be payable 10% thereof at the time of such filing and the balance upon the granting of the special exception.

[Amended 2-1-1965]

(3) Special exceptions to the foregoing may be granted by the Board of Trustees, upon the filing of the application, plans and specifications required by Subsection C hereof together with a petition for special exception, upon good grounds shown, after due public notice and hearing had thereon.

[Amended 2-1-1965; 10-6-1997 by L.L. No. 9-1997]

C. Plans, specifications, applications and permits. No permit shall be issued for any radio tower, nor shall any such use be permitted until the location and size of the plot, site plans and detailed building plans of such radio tower and any accessory buildings, showing the dimensions, design, elevations, locations and uses of all structures, entrances, driveways, walks, fences, screening, planting and such other information, including the manner of operation, use and maintenance of such tower, as may be required by the Board of Trustees, have been submitted and approved by it. Such permit may prescribe reasonable rules and regulations for the operation, maintenance and use of such radio tower and any accessory structures.

D. Fees.

[Amended  3-5-1979 by L.L. No. 15-1979]

(1) The application shall be accompanied by a filing fee as set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting.[1] Said filing fee shall not be returnable whether application is approved or disapproved.

[1] Editor's Note: The fee schedule is on file in the Village offices.

(2) There shall be an annual license fee due, which shall cease and terminate on the 31st day of May and shall be renewed annually thereafter within 30 days prior to the expiration date thereof. Said license fee shall be as set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting.[2]

[2] Editor's Note: Former Section 18-230(f), Penalties and fines, which immediately followed with subsection, was repealed 1-6-1986 by L.L. No. 3-1986.