[HISTORY: Adopted by the Board of Trustees of the Village of Chittenango 2-20-1990 by L.L. No. 3-1990. Amendments noted where applicable.]
Zoning — See Ch. 148.
The Board of Trustees of the Incorporated Village of Chittenango has become concerned about the effect that dish antennas could have on the welfare and safety of the village. The Board finds that, unless regulated, dish antennas can be installed in a manner which would have an adverse impact on the use and enjoyment of surrounding properties, including a diminution of property and values. If improperly installed, dish antennas could create a safety hazard. The intent and purpose of this chapter is to establish a procedure and criteria to avoid the adverse impacts of the installation and maintenance of dish antennas and to preserve the character, aesthetic appearance, safety and general welfare of the municipality.
For the purposes of this chapter, the terms used herein are defined in § 148-9 of the Code, with the following additions:
- DISH ANTENNA
- A satellite antenna, parabolic disc, hemispheric disc or other similar
antenna, the purpose of which is to receive television, radio and/or microwave
or other similar signals which measure in excess of 36 inches in diameter
across the face of the dish at its widest point.[Amended 10-22-1996 by L.L. No. 3-1996]
No person shall cause, suffer or permit the erection, construction, installation or relocation of any dish antenna in the Incorporated Village of Chittenango without first applying for and obtaining a building permit as set forth herein.
Application for a permit shall be made to the Code Enforcement Officer of the village (CEO). Plans and sketches shall be submitted by the owner or his designated representative only. Said plan shall show the existing and planned location of all structures and other physical improvements made and to be made on the subject premises, the proposed location of the dish antenna and the distance of the antenna from the new and existing structure and improvements and all property lines. Any proposed new landscaping shall be depicted. The applicant shall present documentation of the possession of any required license by any federal or local agency. All applications may be referred by the CEO for the review and recommendations of the Village Planning Board. The Planning Board shall submit its report and recommendations to the Code Enforcement Officer within 60 days of the referral of the application by the Code Enforcement Officer to the Planning Board.
The dish antenna shall be considered an accessory structure requiring compliance with all minimum setback and other requirements of the Zoning Law (Chapter 148 of the Village Code).
No more than one dish antenna shall be erected, constructed, installed or maintained on a single lot or premises.
All dish antennas shall be affixed directly to the ground.
No dish antenna shall be located on any trailer or portable device.
No dish antenna shall be connected to or placed upon any roof, building or part thereof.
Dish antennas shall, to the extent possible, be located in rear yards. When a rear yard is not accessible or does not meet building specifications and a side yard meets the Building Code, a dish antenna may be located there. If said side yard borders on a street, a screen of foliage shall be provided so as to shield said satellite antenna from the street and adjoining properties, during the entire year.
Every effort shall be made to provide under said permit that the color of the satellite dish and screening materials shall be in solid earth tones, so as to reduce or eliminate aesthetic concerns of the adjoining properties insofar as possible, and that said color tones shall be maintained in such character during the usage of said satellite antenna. The colors shall be solid and in black, brown, green, beige or similar muted color, including solid mesh construction.
All dish antennas shall be screened from the roadway and adjoining property owners with fencing or foliage or a combination thereof, as determined by the CEO or the Planning Board. The CEO or the Board may condition any approval on the receipt and approval of a landscaping plan.
A dish antenna shall not at any point, nor shall any part of the antenna, including any platform or structure upon which it is mounted or affixed, be elevated to or reach a height of more than 10 feet above the natural grade of the subject premises. In no event shall the natural grade be changed by any means in order to increase the elevation of the dish antenna.
The diameter or width of a dish antenna shall not exceed eight feet.
The use of any illumination of the dish antenna is prohibited.
All connections to a dish antenna shall be made so that any wiring or supporting cables will not be visible from the street, to the fullest extent possible.
All dish antennas shall meet all manufacturer's specifications, be noncombustible and of corrosive-resistant material, be erected in a secure wind-resistant manner and be adequately grounded for protection on occasion of a direct strike of lightning.
Anything herein contained to the contrary notwithstanding, any other provision of a residential district applicable to an accessory building or structure which is more specific or restrictive shall supersede the provisions of this chapter and apply in place thereof.
No application shall be granted by the CEO unless the CEO shall find that the proposed dish antenna will have a harmonious relationship with surrounding property uses and shall be located so as not to diminish the value, use or enjoyment of surrounding properties.
A violation of any provision of this chapter shall be deemed a violation as such is described in the Penal Law of New York. Where a violation of this chapter is determined to exist, the Code Enforcement Officer shall serve, by registered mail or personal delivery on the owner, agent, contractor, lessee or tenant of the subject premises, a notice of violation requiring the removal of the violation within three days after service of the notice. If the person or persons notified shall fail to remove the violation within the allotted time period, the Code Enforcement Officer shall commence appropriate proceedings in the Village Justice Court of the Village of Chittenango; upon conviction for a violation of this chapter, the offender shall be subject to the punishments provided for a violation under the Penal Law of New York State. The municipality may also commence any action or proceeding at law for appropriate relief in addition to the aforesaid remedy, including a proceeding requesting injunctive relief. Any person who violates this chapter shall be subject to a civil penalty of up to $250, with costs for each such violation. A separate violation shall be deemed committed upon each day that a separate violation occurs or is committed.
This chapter shall take effect in accordance with § 27 of the Municipal Home Rule Law.