Village of Bayville, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bayville 4-23-1990 as L.L. No. 3-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 12.
Building construction administration — See Ch. 13.
Zoning — See Ch. 80.

§ 60-1 Purpose.

The Village Board of the Village of Bayville has become concerned about the appearance and impact of satellite antennas, commonly referred to as "dish antennas." The Board finds that, 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 impact of the installation of such antennas and to preserve the character, beauty and general welfare of the municipality.

§ 60-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
SATELLITE TELEVISION ANTENNA
An apparatus capable of receiving communications from a transmitter or transmitter relay located in planetary orbit.
USABLE SATELLITE SIGNAL
A satellite signal which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations or by way of cable television.

§ 60-3 Permit required; variance.

A. 
No person shall cause, suffer or permit the erection and/or maintenance of any parabolic dish or other antenna or device, the purpose of which is to receive television, radio and/or microwave or other electrical signals from space satellites, except as set forth herein:
(1) 
Any such antenna shall be considered a structure requiring a building permit and, as such, shall not be located forward of the rear wall of the main structure on the lot.
(2) 
No satellite antenna shall be built, constructed, erected or maintained nearer than five (5) feet to the side lines on a thirty-foot-wide lot and seven (7) feet on a forty-foot-wide lot and, for all other lots greater than forty (40) feet in width, no nearer than ten (10) feet to the side lines or rear line of the lot upon which it is located nor closer to the front line than the existing allowable setback of the main building.
(3) 
On any corner lot, no satellite antenna shall be built, constructed, erected or maintained nearer the street line than the present allowable existing distance for other structures thereof allowable thereon.
B. 
If these setbacks cause unnecessary hardship, an application for a variance may be filed with the Board of Appeals of the Village of Bayville.

§ 60-4 Application requirements.

Application for a building permit shall be made initially to the Village Architectural Review Board and subsequently to the Building Inspector after a hearing before and based on the approvals of the Architectural Review Board. Plans and sketches shall be submitted by the owner of the premises only. Said plan shall show the location of all physical improvements on the subject premises and the proposed location of the antenna. Proposed new landscaping shall be depicted. The applicant shall present documentation of the possession of any required license by any federal, state or local agency as provided herein.
A. 
No installation shall be allowed over or upon an easement or upon a roof of any structure.
B. 
The diameter of such dish shall not exceed twelve (12) feet, and the height of such device and its installation shall not exceed fifteen (15) feet at its maximum height.
C. 
The color of such installation shall be in solid earth tones, and said color tones shall be maintained in such character during the usage of said satellite antenna under this permit (beige, brown, green).
D. 
All satellite television antennas shall be effectively screened on all sides that do not create an adverse picture reception by a solid fence, compact evergreen hedge, planting screen or principal structure. Satellite television antennas shall be located and designed to reduce or eliminate visibility from surrounding properties at street level and from public streets.
E. 
All installations shall be accomplished under the permit in a good, workmanlike manner and shall be installed so as to assure no safety problems resulting from wind, electrical or other factors giving rise to an unsatisfactory safety condition.
F. 
All antennas and the construction and installation thereon shall conform to applicable electrical and building codes.
G. 
Antennas shall meet manufacturer's installation specifications and shall be of noncombustible and corrosive-resistant material and be erected in a secure, wind-resistant manner.
H. 
Every antenna must be adequately grounded for protection against a direct strike of lightning.
I. 
The Building Inspector shall, by 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 aesthetics of abutting properties.
(3) 
Be in keeping and character with the use of abutting properties.

§ 60-5 Fee.

A fee of one hundred fifty dollars ($150.) shall be charged at the time of application for a building permit for a satellite television antenna.

§ 60-6 Penalties for offenses.

A person or organization who shall violate any provision of this chapter or shall fail to comply herewith or shall violate or fail to comply with any order, rule or regulation made hereunder shall be punished therefor as provided under § 13-19 of the Code of the Village of Bayville.