[Added 3-3-1986 by L.L. No. 6-1986]
[Amended 1-9-1995 by L.L. No. 1-1995]
No person shall cause, suffer or permit the erection, construction, installation, relocation and/or maintenance of any parabolic or hemispheric disc or other similar antenna or device, the purpose of which is to receive television, radio and/or microwave or other electrical or similar signals from satellites or from ground facilities which transmit such signals, except as set forth herein. This chapter and restriction shall not apply to any such disc or device the size of which shall be 18 inches or less in diameter, except with regard to the location thereof, as is hereinafter provided in § 265-139.
A.
No more than one parabolic, hemispheric or similar
antenna shall be erected, constructed, installed or maintained on
a single lot or premises and shall not be erected, constructed or
installed upon the roof of any building or accessory building. No
such erection, construction, installation and/or maintenance shall
be permitted or continued except when permitted by special exception
by the Board of Zoning Appeals after public hearing in compliance
with the provisions of this chapter. The first permit granted to any
applicant under this section shall be conditional and shall be for
a period of not more than two years. Any applicant for renewal of
any such conditional permit shall be acted upon in the same manner
as an initial application.
B.
Irrespective of when constructed and irrespective
of the material out of which it has been constructed, the parabolic
disc or similar antenna and all supporting structures shall be considered
a structure with respect to building area, shall comply with all rules
and regulations regarding accessory structures and shall be considered
real property as defined by Real Property Tax Law, § 102,
Subdivision 12(b), and made assessable pursuant to RPTE 300.
C.
Any parabolic disc or antenna shall be located only
in the rear yard of any lot.
D.
The use of any illumination for the parabolic disc
or antenna is strictly prohibited.
E.
All connections shall be made so that wiring and supporting
cables will not be visible from the street.
All applications for permits shall be filed
with the Board of Zoning Appeals of the Village of Cedarhurst. The
applications to the Board of Zoning Appeals shall describe the subject
premises by street address and by section, block and lot number and
shall describe the present use of the premises. In addition, the application
shall be accompanied by the following:
A.
A location survey showing existing structures upon
the premises, their location and distance from the proposed disc or
antenna, the dimensions of the parabolic disc or antennae, the setbacks
of the parabolic disc or antenna from each property line and all properties
and structures within a two-hundred-foot radius of the premises, showing
the names and street addresses of the record owners or such property;
B.
A detailed plan showing the material from which the
parabolic disc or antenna is to be constructed and the proposed color
of the parabolic disc or antenna;
C.
A landscape plan, illustrating adequate screening
of the parabolic disc or antenna which will be provided to screen
the parabolic disc or antenna from the roadway and adjoining property
owners. All screening required shall be by coniferous trees and shall
be of sufficient height and density to screen 100% of the parabolic
disc or antenna from sight at ground level from the roadway and from
properties located within a two-hundred-foot radius of the premises
during the entire year;
E.
Such other information or data as may be required
by the Board of Zoning Appeals.
Prior to the public hearings held by the Board
of Zoning Appeals, the applicant shall file certification of notice
showing that all property owners within 200 feet of the applicant's
property were notified, in writing, by the applicant of his or her
application by registered mail or certified mail, return receipt requested,
at least 10 days and no more than 21 days before the date scheduled
for the public hearing.
No application for a special permit for the
erection, construction, installation, relocation or maintenance of
a parabolic disc or other similar antennas shall be granted by the
Board of Zoning Appeals unless the following requirements are met:
A.
The applicant shall, in writing, agree to remove the
parabolic disc or antenna at its own expense if the applicant moves,
if the premises is sold or, in the case of a corporation, if there
is a transfer of 10% or more of the stock of the corporation and shall
post a performance bond in the amount sufficient to cover the cost
of such removal.
B.
The applicant shall, in writing, agree to maintain
and/or replace the screening as shown on the landscape plan. In the
event that the applicant fails or refuses to properly maintain the
screening, after notice to the applicant and a hearing before the
Board of Trustees, the Village, at the cost and expense of the property
owner, may maintain or replace the screening or parts thereof. Any
unreimbursed costs incurred by the Village will become assessed against
the property.
C.
The diameter of width of any parabolic disc or antenna
shall not exceed 36 inches.
D.
The parabolic disc or antenna is not attached to the
roof of any building or accessory building.
[Amended 1-9-1995 by L.L. No. 1-1995]
In ruling upon the request for permission to
construct or erect a parabolic disc or similar antenna, the Board
of Zoning Appeals shall consider the proposed location of such disc
or antenna and its impact on adjoining properties. In any event, no
such disc or antenna, regardless of the size thereof, shall be placed
within the front yard setback of any premises.
