[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:
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.[1] 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.
A.
The dish antenna shall be considered an accessory structure
requiring compliance with all minimum setback and other requirements of the
Zoning Law.
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)
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.
D.
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.
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 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.
