[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic Beach 11-22-1994 by L.L. No. 3-1994. Amendments noted where applicable.]
The Village of Atlantic Beach has become concerned about the appearance and impact of satellite antennae, also commonly referred to as "dish antennae." Unless regulated, such antennae can be installed in an unsafe and aesthetically unpleasant manner with an adverse impact on the inhabitants of the village and on surrounding properties. The intent and purpose of this chapter is to establish a procedure and criteria to avoid the adverse impacts of the installation of such antennae and to preserve the character, beauty and general welfare of the village.
As used in this chapter, the following terms shall have the meanings ascribed thereto:
- SATELLITE ANTENNA
- Any parabolic dish or other antenna apparatus or device which is designed to receive television, radio, microwave or other electronic signals or combinations thereof from a transmitter or transmitter relay located in outer space.
- USABLE SATELLITE SIGNAL
- In the case of a television antenna, is a satellite signal which when viewed on a conventional television set is at least equal in picture quality to that received from local commercial television or by way of cable television.
No person shall cause, suffer or permit the erection and/or maintenance of a satellite antenna, except as set forth in this chapter. Any such antenna shall be considered an accessory structure requiring a building permit.
An application for a building permit shall be made to the Board of Trustees by the owner of the parcel of land upon which it is to be placed. The application shall contain the name of the manufacturer of the satellite antenna, its model number, its dimensional and performance specifications and the manufacturer's installation requirements. Plans and sketches shall be submitted by the owner of the premises only and shall show the location of all physical improvements on the subject premises as well as structures on any adjacent property within five feet of the property lines, the proposed location of the antenna and any new fencing or landscaping to be used for screening. The plan and sketches shall show lot measurements, permanent easements, and distances from all lot lines and structures. The applicant shall also present any documentation of the possession of any required licensing by the federal, state or local governments, and such other information as the Board of Trustees may reasonably require.
All applications shall be accompanied with payment to the village of fees as set forth, from time to time, by resolution of the Board of Trustees.
The Board of Trustees or the Building Inspector may at any time for a violation of this chapter revoke any satellite antenna permit. Notice of such revocation and the reason or reasons therefor, in writing, shall be served by the Building Inspector upon the person named in the application by mailing the same to the addressed given in the application, and upon the last known owner of the premises on which the satellite antenna is placed, by mailing the same to his name and address as shown on the assessment roll of the village, and by filing a copy of said notice immediately in the office of the Village Clerk.
Whenever it shall appear to the Board of Trustees or the Building Inspector that any satellite antennae has been constructed or erected or is being maintained in violation of any of the terms of this chapter, or is unsafe and insecure, or has been allowed to deteriorate in appearance and/or maintenance, or is in such condition as to be a menace to the safety of the public, the Board of Trustees or the Building Inspector shall thereupon issue or cause to be issued a notice in writing to the owner, if the whereabouts of such owner is known, informing such person of the violation of this chapter or the dangerous condition of such satellite antenna and directing him to make such alteration or repair thereto, or to do such things or acts as are necessary or advisable to place such structure in a safe, substantial and secure condition, and to make the same comply with requirements of this chapter within such reasonable time as shall be stated in such notice. Upon failure to comply with such notice within the time specified, the Board of Trustees or the Building Inspector may cause such satellite antenna or such part thereof as is constructed or maintained in violation of this chapter to be removed, and may charge the expense of such removal to the person so notified; provided, however, that nothing herein contained shall prevent the Board of Trustees or the Building Inspector from adopting such precautionary measures as may be necessary or advisable in case of imminent danger to the public or to adjoining property to place such satellite antenna in a safe condition, the expense of which shall be paid by the owner.
Every person maintaining a satellite antenna shall, upon vacating the premises where the satellite antenna is maintained, forthwith remove such satellite antenna.
The following requirements apply to the installation and maintenance of satellite antennae:
Any such antenna shall not be located forward of the rear wall of the main structure on the lot. No satellite antenna nor any of its cables, guy wires, supports or any other above ground appurtenances shall be built, erected or maintained nearer than five feet to the side or rear lines of the lot upon which it is located. On any corner lot, no satellite antenna nor any of its above ground appurtenances shall be built, erected or maintained nearer the street line than is allowed for other structures.
No installation shall be allowed over, under or upon land affected by a public or private easement.
The color of such installation shall be in solid earth tones of beige, brown, black, gray or green and said color tones shall be maintained in such character during the existence of said satellite antenna under the permit.
A satellite antenna shall be located and designed to eliminate its visibility from surrounding properties at street level and from public streets. Nothing in this article, however, shall be construed to permit a fence or other screening structure or vegetation that is otherwise prohibited by the Code of the Village of Atlantic Beach.
All installations shall be accomplished under the permit in a good, workmanlike manner and shall be so installed to give reasonable assurance of the absence of potential hazard resulting from wind, electrical or other factors giving rise to an unsatisfactory safety condition. Antennae and the construction and installation thereof shall conform to applicable electrical and building codes.
Satellite antennae shall meet the manufacturer's installation specifications and shall be of noncombustible and corrosive-resistant material and be erected in a secure wind-resistant manner.
Every satellite antenna must be adequately grounded for protection against a direct strike of lightning.
Lettering or symbols or other pictorial matter placed on any part of a satellite antenna or structure may consist only of the manufacturer's identification which shall be of a size not to exceed a total area of two square feet.
Abandonment or removal of an antenna shall require that all components, including foundation, structure and equipment connected therewith be removed. The Village of Atlantic Beach shall be notified within 10 days of abandonment and/or completion of such removal.
All satellite antennae, supports, attachments and the installation thereof, shall comply with applicable provisions of the New York State Uniform Fire Prevention and Building Construction Codes and the manufacturers' specifications.
No more than one satellite antenna shall be allowed per lot. No satellite antennae shall be constructed, erected or maintained except as an accessory structure to an existing one-family dwelling.
No satellite antennae may be installed above or mounted on or attached to any building or tower or other structure but shall be installed freestanding on the ground at natural ground level.
No antenna shall create an adverse picture reception for neighbors.
The diameter of such satellite antenna shall not exceed five feet along its longest axis and the height of such antenna above natural ground level shall not exceed five feet at its maximum height unless, in the discretion of the Board of Trustees, said antenna can be installed within the parameters of Subsections A through M of this section.
Any neglect, failure or refusal to comply with any provisions of this chapter shall be deemed a violation thereof, and any person who shall so violate any provision of this chapter shall, upon conviction thereof, be punished by a fine of not more than $500 or imprisonment for not more than 15 days, or both, for each offense. Each and every day such violation shall continue will constitute a separate offense.
The Building Inspector shall inspect every satellite antenna within the village at least every five years, including those in existence prior to the effective date hereof, and shall take appropriate enforcement action with regard to any such antennae found in violation of any applicable law or regulation.