[HISTORY: Adopted by the Board of Trustees of the Village of Sea Cliff 1-6-1986 by L.L. No. 1-1986. Amendments noted where applicable.]
The Board of Trustees of the Incorporated Village of Sea Cliff 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 purposes of this chapter, the terms used herein are defined as follows:
- DISH ANTENNA
- 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 uses of the Sea Cliff 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 Sea Cliff without first applying for and obtaining a special exception accessory use permit as set forth herein.
Application for a special exception accessory use permit shall be made to the Board of Trustees. 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 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. All applications may be referred by the Board of Trustees for the review and recommendations of the Village Planning Board. The Planning Board shall submit its report and recommendations to the Trustees within 60 days of the referral of the application by the Trustees to the Planning Board. 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 Trustees.
The dish antenna shall be considered an accessory structure requiring compliance with all minimum setback and other requirements of the Zoning Law.
No more than one dish antenna shall be erected, constructed, installed or maintained on a single lot or premises.
All dish antennas shall be located on the ground.
No dish antenna shall be located on any trailer or portable device.
No dish antenna shall be connected to or placed upon any roof, building or part thereof.
Except as hereinafter set forth, all dish antennas shall be located in rear yards only. When, in the discretion of the Board of Trustees, a rear yard is not accessible, or it would be substantially impractical, detrimental to the character of the neighborhood or cause significant economic injury to the property owner to locate the dish antenna in the rear yard, and a side yard meets all the requirements of the Zoning Law and this chapter, a dish antenna may be located in the side yard.
All dish antennas shall be screened from the roadway and adjoining property owners with fencing or foliage, or a combination thereof, as determined by the Board of Trustees, of such height and density so as to screen the antennas from the road and adjoining property owners during the entire year. The Board may condition any approval on receipt and approval of a landscaping plan.
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.
The diameter or width of a dish antenna shall not exceed four feet.
The use of any illumination for a dish antenna is strictly prohibited.
All connections to a dish antenna shall be made so that any wiring or supporting cables will not be visible from the street.
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.
Anything herein contained to the contrary notwithstanding, any other provision of a residential district applicable to an accessory building or structure which is more specific or restrictive shall supersede the provisions of this chapter and apply in place thereof.
No application shall be granted by the Board of Trustees unless the Board shall find that the proposed dish antenna will have an harmonious relationship with surrounding property uses and shall be located so as not to diminish the value, use or enjoyment of surrounding properties.
Where a violation of this chapter is determined to exist, the Building Inspector shall serve, by registered mail or personally, on the owner, agent, contractor, lessee or tenant of the subject premises a notice of violation requiring the removal of the violation within three days after service of the notice. If the person or persons notified shall fail to remove the violation within the allotted time period, the Building Inspector shall commence appropriate proceedings in the Village Justice Court of the Village of Sea Cliff. The municipality may commence any action or proceeding for appropriate relief in addition to the aforesaid remedy, including a proceeding requesting injunctive relief. Any person who shall violate any provision of this chapter shall be subject to a penalty of $250 for each such violation. A separate violation shall be deemed committed upon each day that a violation occurs or is committed.
This chapter shall take effect in accordance with § 27 of the Municipal Home Rule Law.