[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.]
GENERAL REFERENCES
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:
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.
A.
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).
B.
No more than one dish antenna shall be erected, constructed,
installed or maintained on a single lot or premises.
C.
Location.
(1)
All dish antennas shall be affixed directly to the ground.
(2)
No dish antenna shall be located on any trailer or portable
device.
(3)
No dish antenna shall be connected to or placed upon
any roof, building or part thereof.
(4)
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.
D.
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.
E.
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.
F.
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.
G.
The diameter or width of a dish antenna shall not exceed
eight feet.
H.
The use of any illumination of the dish antenna is prohibited.
I.
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.
J.
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.
K.
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.
