Village of Elmsford, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 10-7-1985 by L.L. No. 4-1985. Amendments noted where applicable.]
Zoning — See Ch. 335.
The Mayor and Board of Trustees find that the uncontrolled construction of satellite earth station antennas in the Village of Elmsford would be inimical to the health, safety and general welfare of the citizens of Elmsford. It is the purpose of this chapter to establish standards for the construction and erection of satellite earth station antennas within the Village of Elmsford in order to protect against injury to persons who may be attracted to such satellite earth station antennas, particularly children, and to prevent the depreciation of land values that could result from the indiscriminate placement of such antennas.
No satellite earth station antenna, including its mount, shall be built, erected or modified until a building permit is issued by the Building Inspector. Any person (which shall include corporations, partnerships, associations or any other legal entity) applying for such a permit shall furnish to the Building Inspector such plans, drawings and specifications as he may reasonably require as to the satellite earth station antenna to be constructed, erected or modified and shall pay a fee of $100 with said application.
No person shall cause, suffer or permit the erection and/or maintenance of any parabolic dish or other antenna and/or microwave or other electrical signals from space satellites, except as set forth herein.
Any such antenna shall be confined to the rear yard of any parcel of realty.
The Zoning Board of Appeals of the Village of Elmsford is hereby empowered to designate the exact location of the device to be installed or maintained and to require any screening or other procedure in order to reduce or eliminate aesthetic damage to the community which may result from said installation or maintenance.
No such installation shall be permitted or continued except by permit from the Building Inspector after review by the Zoning Board of Appeals and the Village Board.
Any satellite earth station antenna existing at the time of the enactment of this chapter shall require approval by the Building Inspector using the standards contained in this chapter and shall pay the fee and obtain the permit required by this chapter within seven months of the filing of this chapter.
No such device shall exceed 15 feet at its maximum height.
No satellite earth station shall exceed three feet in diameter.
No such device shall be installed on or above any building or structure, but shall be freestanding.
In any business or commercial district, a permit shall be required, application for which shall conform in all respects to this chapter, with the exception that an antenna will be allowed in places other than rear yards by the approval of the Zoning Board of Appeals, after a public hearing in accordance with the zoning laws of the Village of Elmsford.
No more than one satellite earth station antenna shall be permitted on any building lot.
All satellite earth station antennas shall be deemed structures, as said term is defined in Chapter 335, Zoning, of the Village of Elmsford, and shall be subject to all regulations set forth in said Chapter 335, Zoning, governing the location and height of accessory buildings; however, as a further restriction, all satellite earth station antennas shall be set back from all lot lines a distance equal to two times the minimum side lot setback requirement for that zone.
All satellite earth station antennas shall be designed in conformance with the American National Standard Building Code Standard A58.1, American National Standard Building Code Requirements for Minimum Design Loads in Buildings and Other Structures and the Electronics Industry Association Standard RS-411, Electrical and Mechanical Characteristics of Antennas for Satellite Earth Stations, or any modification or successors to said standards, as well as any other construction performance standards, rules and regulations of any governmental entity having jurisdiction over such antennas, including, without limitation, the Federal Communications Commission. A certificate of conformance with the aforesaid standards by the manufacturer's professional personnel or such other professional as may be deemed appropriate by the Building Inspector shall be submitted to the Building Inspector as a condition of the building permit required by this chapter.
Every satellite earth station antenna shall be enclosed with a wooden or wire-mesh fence having a height of six feet in order to prevent unauthorized persons from gaining access to the antenna. The fence required hereby may be constructed on the perimeter of the property in accordance with the Village of Elmsford Code governing fences, but the screening requirements set forth in this chapter shall remain in effect even if the fence constructed is at or near the perimeter of the property rather than in closer proximity to and surrounding the antenna and mount.
All satellite earth station antennas shall be reasonably screened to minimize the view of the antenna from public thoroughfares and the ground level of adjacent properties. Screening may consist of trellis, latticework, decorative block, basket-weave fencing, open artistic block or other similar material at least six feet in height of such kind, proximity and density of growth as shall effectively screen the antenna and mount in all seasons of the year. All screening shall be maintained as originally approved. If the screening is not so maintained, any permit granted in connection with the satellite earth station antennas is subject to revocation by the Building Inspector. All screening shall conform to all other village laws.
Applications for variances from the terms of this chapter may be presented to the Zoning Board of Appeals of the Village of Elmsford, utilizing the same procedures and under the same terms and conditions as other variance applications.
Any person, firm or corporation or his, her or its agent, servant, representative or employee violating any of the provisions of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. Each day's continuance of a violation of any of the provisions of this chapter shall be deemed a separate and distinct offense and shall be punishable accordingly.
[Added 5-16-2005 by L.L. No. 2-2005]
Wireless telecommunications facilities as defined under § 335-3 shall not be subject to the provisions of this Chapter 92.