[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:
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.
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.
A.
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.
B.
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.[2]
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.
A.
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.
B.
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:
A.
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.
B.
No installation shall be allowed over, under or upon
land affected by a public or private easement.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Every satellite antenna must be adequately grounded for
protection against a direct strike of lightning.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
No antenna shall create an adverse picture reception
for neighbors.
N.
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.
