[Added 6-12-1989 by Ord. No. 2-1989]
The Board of Trustees of the Incorporated Village of East Hills
has become concerned about the effect 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 values. If improperly installed,
dish antennas could create a safety hazard. The intent and purpose
of this article 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, safety and general welfare of the municipality.
For the purpose of this article, the terms used herein are defined
as follows:
Satellite antennas, parabolic discs, hemispheric discs or
other similar antennas, the purpose of which is to receive television,
radio and/or microwave or other similar signals.
Dish antennas shall be special exception accessory structures
under the East Hills Zoning Law. No person shall cause, suffer or
permit the erection, construction, installation, relocation and/or
maintenance of any dish antenna in the Incorporated Village of East
Hills without first applying for and obtaining a special exception
accessory structure permit as set forth in this chapter.
Application for a special exception accessory structure permit shall be made to the Board of Appeals. Plans and sketches shall be submitted by the owner or his designated representative only. Said plan shall show the location of all structures and other physical improvements on the subject premises, the proposed location of the dish antenna with proposed screening and the distance of the antenna from the structures and improvements and all property lines. Any proposed new landscaping shall be depicted. The applicant shall present documentation of the possession of any required licensed by any federal, state or local agency. No building permit shall be issued by the Building Inspector for the installation of any dish antenna; except, after an approval is obtained under this chapter from the Board of Appeals, § 271-131 shall also apply.
A.
The dish antenna shall be considered an accessory structure requiring
compliance with all minimum setback and other requirements of the
Zoning Code of the Village and the Uniform Fire Prevention and Building
Construction 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 located on 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)
All dish antennas shall be located in rear yards only, unless
practical difficulty, severe economic hardship or detriment to the
character of the neighborhood is proved.
D.
All dish antennas shall be screened from the roadway and adjoining
property owners with fencing or foliage or a combination thereof,
of such height and density so as to screen the antennas from the roads
and adjoining property owners during the entire year. The Board of
Appeals may condition any approval on receipt and approval of a separate
landscaping plan.
E.
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 six 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.
F.
The diameter or width of a dish antenna shall not exceed four feet.
G.
The use of any illumination for a dish antenna is strictly prohibited.
H.
All connections to a dish antenna shall be made so that any wiring
or supporting cables will not be visible from the street.
I.
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
against a direct strike of lightning.
J.
Anything herein contained to the contrary notwithstanding, any other
provision of this Code applicable to any accessory structure which
is more specific or restrictive shall supersede the provisions of
this article and apply in place thereof.
Upon conviction of any violation of this article, the penalties provided for in § 1-3 of this Code shall apply.
