[HISTORY: Adopted by the Board of Trustees of the Village of Manchester 4-21-1986 by L.L. No. 1-1986 (Ch. 26 of the 1980 Code). Amendments noted where applicable.]
A. 
The Board of Trustees of the Village of Manchester has become concerned about the appearance and impact of dish antennas. The Board finds that, unless regulated, dish antennas can be installed in an aesthetically unpleasant manner with an adverse impact on surrounding values and the enjoyment and use of surrounding properties.
B. 
The intent and purpose of this chapter is to establish a procedure and criteria to avoid the adverse impacts of the installation of dish antennas and to preserve the character, beauty and general welfare of the municipality.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Dish antennas shall be permitted accessory uses as set forth in Chapter 290, Zoning. The maximum number shall be one per lot.
A. 
Applications for a special exception permit shall be made to the Board of Trustees. Plans and sketches shall be submitted by the owner only. Said plan shall show the location of all physical improvements on the subject premises and the proposed location of the dish antenna. Proposed new landscaping shall be depicted. The applicant shall present documentation of the possession of any required license by any federal, state or local agency. All applications shall be referred by the Board of Trustees for review and recommendation to the Planning Board under Article X of Chapter 290, Zoning. The Planning Board shall submit its report and recommendation to the Trustees within 60 days of the referral of the application by the Trustees to the Planning Board.
B. 
No building permit shall be issued by the Code Enforcement Officer or designee for the installation of any dish antenna, except after an approval is obtained under this chapter from the Board of Trustees.
The Board of Trustees, in considering an application, 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 or use of surrounding properties. The Board of Trustees shall consider, among other things, the following criteria:
A. 
The dish antenna shall be located on the ground and must be screened from the roadway and adjoining property owners with foliage of such height and density so as to screen said satellite antenna from the road and adjoining property owners during the entire year. The Board may condition any approval of receipt and approval of a landscaping plan.
B. 
The dish antenna shall not be located on any trailer or portable device.
C. 
The dish antenna shall be located in rear yards only and shall be an accessory structure requiring compliance with all minimum yard requirements as per Chapter 290, Zoning. When a backyard is not accessible or does not meet building specifications, and a side yard meets Chapter 290, Zoning, 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. 
The dish antenna shall not be connected to or placed upon any roof and shall not, at any point or part of the antenna, be elevated to or reach a height of more than 15 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.
E. 
The proposed dish antenna use shall recognize and provide for the further specific conditions and safeguards provided in § 290-75 of Chapter 290, Zoning.
Where a violation of this chapter is determined to exist, the Code Enforcement Officer or designee 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 or designee shall commence appropriate proceedings before the Justice Court of the Village of Manchester. The municipality 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 a penalty of $250 for each violation. A separate violation shall be deemed committed upon each day that a violation occurs or is committed.