[HISTORY: Adopted by the Board of Trustees of the Village
of East Hills 1-21-1997 by L.L. No. 3-1997. Amendments noted where
applicable.]
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 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, safety and general welfare of the municipality.
For the purpose of this chapter, the terms used herein are defined
as follows:
Satellite antennas, parabolic discs, hemispheric discs or
other similar antennas exceeding 24 inches in diameter, the purpose
of which is to receive television, radio and/or microwave or other
similar signals.
Dish antennas shall be special exception accessory structures of Chapter 271, Zoning. 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 Code.
Application for a special exception accessory structure shall
be made to the Board of Zoning Appeals. Plans and sketches shall be
submitted by the owner or his or her 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 license by any federal, state or
local agency. No building permit shall be issued by the Code Enforcement
Officer for the installation of any dish antenna, except after an
approval is obtained under this chapter from the Board of Zoning Appeals.
A.
The dish antenna shall be considered an accessory structure requiring compliance with all minimum setback and other requirements of Chapter 271, Zoning, and the New York State Uniform Fire Prevention and Building 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
Zoning 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 chapter and apply in place thereof.
