The Board of Trustees of the Village of Hamilton
has been concerned about the appearance and impact of satellite receiving
antennas. The Board finds that, unless regulated, satellite receiving
antennas can be installed in an aesthetically unpleasant manner with
an adverse impact on surrounding property values and the enjoyment
and use of 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 satellite receiving antennas and to
preserve the character, beauty and general welfare of the community.
No person shall cause, suffer or permit the
erection and/or maintenance of any satellite receiving antenna or
device, the purpose of which is to receive television, microwave and/or
other electrical signals from space satellite, except as set forth
herein.
A. Maximum number per lot: one.
C. Maximum distance across antenna (unit): nine feet.
D. Minimum setback from all property lines of lot to
nearest part of structure: 15 feet.
E. Screening: The antenna shall be completely screened
from adjoining property by a living screen of coniferous trees; said
trees shall be at least eight feet in height when planted and shall
be planted five feet on center between the antenna and along each
lot line of the lot on which the court is located, on all sides of
the court not facing the dwelling on the same lot; and said coniferous
screening shall consist of Canadian hemlock (or an alternate approved
by the Village Code Enforcement Officer) and shall be maintained in
a living state, at a minimum height of eight feet, so long as the
antenna remains in existence.
[Amended 1-14-1992 by L.L. No. 1-1992]
F. No antenna may be located in a front or side yard
and shall not be visible from an adjoining street or roadway.
G. No antenna may be mounted on a trailer or other portable
device.
H. No such device shall be installed on or above any
building or structure but shall be freestanding.
I. The Village of Hamilton Planning Board is hereby empowered
to designate the exact location of the device to be installed, if
so requested in writing by an adjacent property owner.
[Amended 4-14-1992 by L.L. No. 2-1992]
J. A building permit is required for all installations. Applications for such permit should be accompanied by detailed drawings of support structure and site layout showing required screening per Subsection
E.
K. A special exception to Subsections
A,
B,
C,
E and
H on application by any hospital, agency or department of the Village of Hamilton or accredited educational institution may be made by the Village Planning Board.
[Amended 1-14-1992 by L.L. No. 1-1992; 4-14-1992 by L.L. No. 2-1992]
[Amended 1-14-1992 by L.L. No. 1-1992]
Where a violation of this chapter is determined to exist, the Code Enforcement Officer shall serve, by registered mail or personally, on the owner, agent or contractor of the subject premises or on the lessee or tenant of the subject premises a notice of violation requiring the removal of the violation within 24 hours 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 before the Justice Court of the Village of Hamilton. The Village may take any appropriate action or proceeding in addition to the aforesaid remedy, including proceeding by any available remedy. Any person who shall violate any provision of this chapter shall be subject to the penalties set forth in Chapter
1, General Provisions, Art.
II. A separate violation shall be deemed committed upon each day that a violation occurs or is committed.