Village of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 7-18-1994 as L.L. No. 6-1994, effective 7-18-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Antennas above roof level — See Ch. 342, § 342-16B.
A. 
Antenna structures used for the transmission and/or receipt of voice, video or other data transmission signals to or from satellite and/or ground-based stations, or both, shall be permitted and may be erected and installed without a building permit in any zoning district, provided that an antenna permit is procured pursuant to this Article and provided that such antenna shall not be placed within the setbacks for accessory structures in the zoning district where it is located, and such antenna shall conform to the applicable dimensional limitations and structural requirements as follows:
(1) 
Any type of antenna structure, other than a parabolic or other dish-type antenna, shall not exceed fifteen (15) feet in height above the ground or above the roof and shall have no horizontal structure more than eight (8) feet in length.
(2) 
A parabolic or other dish-type antenna structure shall have an area, measured as if it were two-dimensional, of no more than ten (10) square meters, provided that when installed, no such antenna, including mast or base, shall exceed nine and one half (91/2) feet in height above the ground or above the roof.
(3) 
All antenna masts and bases shall be constructed with noncombustible or fire-retardant materials. All antennas shall be supported in a rigid manner and grounded in an approved manner. The antenna structure may be designed with a special heavy base of a size necessary to make the mast self-supporting. Antenna structures exceeding ten (10) feet in height, if not self-supporting, shall be securely fastened with guy wires.
(4) 
In residential districts or buildings, there shall be no more than one (1) antenna of each of the two (2) types of antennas described in this section [one (1) of any type other than a parabolic or other dish-type antenna and one (1) parabolic or other dish-type antenna] per building, and in nonresidential districts or buildings, there shall be no more than two (2) antennas per building.
B. 
All antennas that do not comply with the requirements of this § 100-1 shall require a building permit before installation in accordance with Article II of this chapter.
C. 
All antennas shall comply with all applicable federal and state health and safety standards or regulations.
As used in this Article, the following terms shall have the meanings indicated:
ANTENNA REQUIRING ANTENNA PERMIT
An antenna used for the transmission and/or receipt of voice, video or other data transmission signals, whether from satellite or ground-based stations, or both, which meets the dimensional limitations and structural requirements set forth in § 100-1 of this Article.
BOARD OF APPEALS
The duly constituted Board of the Village of Mamaroneck, consisting of five (5) members, created pursuant to the provisions of the Village Law of the State of New York.
BUILDING INSPECTOR OR INSPECTOR OF BUILDINGS
The Inspector of Buildings of the Village of Mamaroneck or other officer duly authorized to perform his duties.
After the effective date of this Article and except as otherwise herein provided, it shall be unlawful and a violation of this Article for any person to erect, construct, relocate, reconstruct, display or maintain or cause to be erected, constructed, relocated, reconstructed, displayed or maintained within the Village of Mamaroneck any antenna requiring an antenna permit without first having obtained a written permit therefor from the Building Inspector.
Any person desiring to procure an antenna permit shall file with the Building Inspector of the Village of Mamaroneck a written application in the form adopted by the Building Inspector, together with any documents required in accordance therewith, and accompanied by payment of a fee as set forth in Chapter A347, Fees.
Antennas requiring an antenna permit shall not be installed unless a certification of compliance, sworn to by the person or organization who will own the antenna after installation, has first been filed with the Building Inspector, which states the dimensions of the antenna, the proposed location of the antenna, the make and model of the antenna and that the antenna when installed shall comply with all the dimensional and structural requirements of § 100-1 of this chapter.
Any person violating any of the provisions of this Article shall be punishable, upon the conviction thereof, by a fine not exceeding two hundred fifty dollars ($250.) or imprisonment not exceeding fifteen (15) days, or both.
Any person aggrieved by the granting or denial of an application for an antenna permit may take an appeal therefrom to the Board of Appeals as set forth in § 100-19 of this chapter.
The Building Inspector may, at any time, for a violation of this Article, revoke any 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 address given in the application, and upon the last known owner of the premises on which the 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.
The installation of antennas to receive and/or transmit radio, video and/or other data transmissions from ground- or satellite-based stations must be controlled consistent with applicable federal statutes and regulations promulgated by the Federal Communications Commission so as to protect the health, safety and welfare of the residents of the Village of Mamaroneck and to preserve and protect the visual character and aesthetic qualities of the Village of Mamaroneck and its environs. It is the intention of this Article to regulate all antennas of whatever type without differentiation and to impose only those restrictions and requirements as are necessary to protect the public health from improperly installed structures and to preserve and protect the uncluttered appearance of residential, commercial, business, marine, manufacturing and other zoning districts of the village. To the extent that differentiation in regulation of satellite antennas and other types of antennas may be determined to exist in this Article, the regulation of satellite antennas shall be interpreted and applied so as not to impose unreasonable limitations on the reception or transmission of satellite signals or to impose costs on the satellite antenna user that are excessive in light of the cost of the antenna.
As used in this Article, the following terms shall have the meanings indicated:
ANTENNA REQUIRING BUILDING PERMIT
An antenna used for the transmission and/or receipt of voice, video or other data transmission signals, whether from satellite or ground based stations, or both, that exceeds the dimensional limitations or does not meet the structural requirements for antennas permitted with an antenna permit in § 100-1 of this chapter.
BOARD OF APPEALS
The duly constituted Board of the Village of Mamaroneck, consisting of five (5) members, created pursuant to the provisions of the Village Law of the State of New York.
BOARD OF ARCHITECTURAL REVIEW
The duly constituted Board of the Village of Mamaroneck, comprised of five (5) members, and further identified under Chapter 6, Architectural Review, Board of, and whose rights, duties and powers are therein enunciated.
BUILDING INSPECTOR OR INSPECTOR OF BUILDINGS
The Inspector of Buildings of the Village of Mamaroneck or other officer duly authorized to perform his duties.
After the effective date of this Article and except as otherwise herein provided, it shall be unlawful and a violation of this Article for any person to erect, construct, relocate, reconstruct, display or maintain or cause to be erected, constructed, relocated, reconstructed, displayed or maintained within the Village of Mamaroneck any antenna requiring a building permit without first having obtained a written permit therefor from the Building Inspector.
A. 
Any person desiring to procure a building permit for an antenna requiring a building permit shall file with the Building Inspector of the Village of Mamaroneck a written application which, when complete, shall then be submitted to the Board of Architectural Review for its approval and which shall contain:
(1) 
The dimensions of the antenna requiring a building permit, including its width, height and, if applicable, its area (measured as if it were two-dimensional) and its diameter.
(2) 
Information published by the manufacturer of the antenna for which a permit is being sought, which shows the following:
(a) 
The make and model.
(b) 
The manufacturer's suggested installation instructions.
(c) 
The manufacturer's suggested maintenance and/or inspection procedures.
(d) 
The manufacturer's suggested retail price.
(3) 
A written statement showing the name of the owner or the person in control of the building(s) on the premises where such antenna is to be located, the authority to obtain a permit and a written estimate of the cost of installation.
(4) 
A written statement that any other licenses, permits and approvals required by state or federal law for erection, installation and operation of such antenna have been obtained.
(5) 
A written description, diagram or photographs showing the proposed location on the property of the antenna requiring a permit and a written statement that it will not violate setbacks applicable in the zoning district in which it will be located.
B. 
The application shall include a written statement by the applicant that all statements in the application are true under the penalty for perjury.
The Building Inspector shall grant the application and issue the building permit, provided that all requirements of this Article have been complied with and the application has been approved by the Board of Architectural Review.
Any person aggrieved by the granting or denial of an application for a building permit may take an appeal therefrom to the Board of Appeals as hereinafter provided.
All applications shall be accompanied by payment to the Village Treasurer of fees as set forth in Chapter A347, Fees, or, for a variance or an appeal, such fee as may be required by the Board of Appeals in accordance with its approved schedule of charges.
The Building Inspector may, at any time, for a violation of this Article, revoke any building 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 address given in the application, and upon the last known owner of the premises on which the 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 Building Inspector that any antenna has been constructed or erected or is being maintained in violation of any of the terms of this Article 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, he 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 Article or the dangerous condition of such 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 the requirements of this Article within such reasonable time as shall be stated in such notice. Upon failure to comply with such notice within the time specified, the Building Inspector may cause such antenna or such part thereof as is constructed or maintained in violation of this Article 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 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 antenna in a safe condition, the expense of which shall be paid by the owner.
B. 
Every person maintaining a permitted antenna shall, upon vacating the premises where the antenna is maintained, forthwith remove such antenna.
A. 
Antennas, other than a parabolic or dish-type antenna structures, may be installed in any zoning district and may be roof mounted or ground mounted. If roof mounted, its height, including support structure but not including the height of the roof upon which it is to be installed, shall not exceed fifteen (15) feet, and the length of its longest horizontal component shall not exceed ten (10) feet. If ground mounted, the antenna, including any support structure, shall not exceed fifteen (15) feet in height, and the length of its longest horizontal component shall not exceed ten (10) feet. Ground-mounted antennas, other than parabolic or dish-type, shall be located in the rear yard unless it is shown that location in a side yard is necessary for proper reception or transmission of the signal for which the antenna is designed. Whether roof mounted or ground mounted, the antenna shall be located so as to minimize the visibility of the antenna from adjacent properties, provided that this requirement shall not be implemented so as to interfere with the antenna's ability to transmit or receive the signal for which it is designed. Suitable screening may be required for a ground-mounted antenna where necessary to mitigate the visual or aesthetic impact of the antenna, provided that the cost is no more than twenty-five percent (25%) of the cost of the antenna and provided that the screening will not unreasonably interfere with the antenna's ability to receive or transmit the signal for which it was designed.
B. 
A parabolic or other dish type antenna structure may be installed in any zoning district. No parabolic or dish-type antenna shall have an area, measured as if the dish of the antenna were two-dimensional, that exceeds sixteen and seven-tenths (16.7) square meters or a height that exceeds thirteen (13) feet, including any mast or base structure, but not including the height of the building upon which it may be located. In one- and two-family residential zoning districts, the antenna shall be ground mounted in the rear yard only, unless it is shown that location in a side yard is necessary for proper reception or transmission of the signal for which the antenna is designed. Roof-mounting shall not be permitted unless it is shown that no rear yard or side yard ground location of the antenna is available that permits the proper reception or transmission of the signal for which the antenna was designed. A front yard location for an antenna is prohibited. In all zoning districts other than one- and two-family residential districts, the antenna may be ground mounted in the rear yard or roof mounted. In all zoning districts, an antenna shall be positioned, whether ground mounted or roof mounted, so as to limit the visibility of the antenna from adjacent properties, provided that this requirement shall not interfere with the antenna's ability to transmit or receive the signal for which it was designed. Screening may be required to minimize the visibility of a ground-mounted antenna from adjacent properties, provided that the cost of any such screening does not exceed twenty-five percent (25%) of the cost of the antenna and does not interfere with the antenna's use.
C. 
In all residential zoning districts or where the building is used for residential purposes, no more than one (1) antenna shall be permitted for each principal building, and the antenna shall be regulated as an accessory use under Chapter 342, Zoning, and all applicable yard setbacks shall apply.
D. 
In all zoning districts other than residential zoning districts, and where the building is not used for residential purposes, no more than one (1) antenna for each principal building or for each tenant of a building up to a maximum of three (3) antennas for any building, shall be permitted.
E. 
All antennas shall be installed and erected in conformance with applicable Building Code and Electrical Code regulations so as not to cause a hazard to human health or property from structural impairment, disassembly or collapse.
A. 
All appeals and all applications for variances from the regulations herein contained shall be referred to and determined by the Board of Appeals in accordance with its usual procedures with regard to public notice and hearing.
B. 
Notice of such public hearing shall be duly published in the official newspaper and shall also be mailed to all owners of land within one hundred (100) feet extending in both directions along the frontage of the street from the point at which the antenna in question is located and, similarly, to the owners of land whose frontage is directly opposite thereto.
C. 
The Board of Appeals shall have authority to vary or modify the regulations contained herein in cases where it is satisfied that unique circumstances or undue hardship entitle an applicant to some relief; provided, however, that such relief will not be detrimental to the district in which the antenna is located, and the Board may set such conditions and safeguards as it considers appropriate to that end.
D. 
In matters of appeal, the Board of Appeals shall have the power to affirm, reverse or modify the determination appealed from.
E. 
Nothing herein contained shall be construed to limit the powers of the Board of Appeals conferred by the Village Law, but shall be deemed to be in addition thereto.
Any neglect, failure or refusal to comply with any provisions of this Article shall be deemed a violation thereof, and any person who shall so violate any provision of this Article shall, upon conviction thereof, be punished by a fine of not more than two hundred fifty dollars ($250.) or imprisonment not exceeding fifteen (15) days, or both, for each offense. Each and every day such violation shall continue will constitute a separate offense.