§ 331-98. Satellite earth stations and dish antennas, Article XII. Special Permit Uses, Chapter 331. Zoning, Part II. General Legislation, Code of Ordinances, New Rochelle

Permit required. After the effective date of this section and except as otherwise herein provided, it shall be unlawful and a violation of this section for any person to erect, construct, relocate, reconstruct, display or maintain, or cause to be erected, constructed, displayed or maintained within the City of New Rochelle, any satellite antenna without first having obtained a written building permit from the Building Official. All dish antennas installed prior to the effective date of this section shall be registered with the Building Official within four months of the effective date of this section and shall be brought into compliance with the provisions of this section within one year of its effective date.

Exempt antennas. Antennas meeting the following standards and specifications are exempt from the requirements of this section.

(1)

Common skeletal-type radio and television antennas used to receive UHF, VHF, AM and FM signals of off-air broadcasts from radio and television stations.

(2)

Parabolic dish antennas under three feet in diameter.

(3)

Amateur radio antennas, except any parabolic dish antennas over three feet in diameter.

Submissions required for permit approval. A plan in sufficient detail and accuracy so as to depict the placement and all component parts of the antenna shall be prepared by a registered professional engineer or registered architect which shall include following site specific data:

(1)

The location of property lines and permanent easements including metes and bounds.

(2)

The location of all structures on the site and all structures on any adjacent property within 10 feet of the subject property lines.

(3)

The location of all utility poles above- and below-ground utility lines, trees or other natural or artificial structures.

(4)

Any proposed guy wires or enclosures.

(5)

The location, nature and extent of any proposed fencing, buffering, plantings or other screening measures.

(6)

The dimensions of said satellite antenna, including its width, depth and height and any appurtenant structures.

(7)

All information prepared by the manufacturer of the antenna for which a permit is being sought, including but not limited to the following:

(a)

The make and model.

(b)

The manufacturer's suggested installation instructions.

(c)

The manufacturer's suggested maintenance and/or inspection procedures.

(8)

A written statement showing the name of the owner or the person in control of the building(s) on the premises where such satellite antenna is to be located and the authority to obtain a permit.

(9)

A written statement that he/she has obtained all other licenses, permits and approvals required by law for erection, construction, installation and operation of such satellite antenna.

(10)

Such other information as the Building Official may reasonably require to show compliance with the provisions of this section.

Issuance of permit, criteria and performance standards. The Building Official may issue a building permit for the construction and installation of a satellite antenna, provided that the following regulations and standards are met:

(1)

Except as provided in Subsection E herein, satellite antennas shall be located in the rear yard only. Satellite antennas installed accessory to a one- or two-family dwelling, or on property adjacent to property that either contains a one- or two-family dwelling or is zoned for such, shall be no closer than 25 feet to the side and rear lot lines. When measuring side and rear setbacks, all cables, wires or other supports shall constitute a part of the antenna. There shall be no required setback between a satellite antenna and a building located on the same lot. Front yard installation of satellite antennas is prohibited.

(2)

No portion of a satellite antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area but may be attached to the building.

(3)

Satellite antennas shall be located in an area which will optionally mitigate their visibility from surrounding properties and public roadways. Moreover, a freestanding dish antenna shall be screened (may rotate) as practicable in light of the purchase and installation cost of the equipment, through the use of architectural features, earth berms, landscaping or other screening which will harmonize with the character of the property and surrounding area.

(4)

The height of a satellite antenna shall be measured vertically to the highest point of the antenna when positioned in its most vertical position.

(5)

A freestanding satellite antenna shall not exceed 15 feet in height above ground level.

(6)

No satellite antenna shall exceed 10 feet in diameter.

(7)

No more than one satellite antenna shall be permitted on any lot.

(8)

All satellite antennas shall be designed, constructed and installed in compliance with all building, electrical, fire prevention and other applicable codes, rules, regulations or performance standards of the City or any other governmental entity having jurisdiction over such antennas, including, without limitation, the Federal Communications Commission (FCC).

(9)

All electrical wiring associated with any satellite antenna shall be buried underground, placed in a conduit or concealed in a manner acceptable to the Building Official.

(10)

Satellite antennas shall not be brightly colored, reflective, shiny or otherwise obtrusive; their color shall be compatible with the surrounding areas and buildings.

Roof-mounted satellite antennas. Roof-mounted construction and installation of satellite antennas shall be allowed as of right in nonresidentially zoned areas pursuant to the standards contained herein. For residentially zoned property where usable satellite signals cannot be received by locating the satellite antenna in the rear yard of the property, such antenna may be placed on the roof of a building, if a registered professional engineer, registered architect or radio frequency engineer provides sufficient information that locating the satellite antenna in the rear yard in conformance with the specifications of this section would obstruct the antenna's reception window or otherwise excessively interfere with reception by not allowing receipt of at least 70% of the available programming, and such obstruction or interference involves factors beyond the applicant's control; or the cost of meeting the specifications of this section is excessive, given the purchase and installation cost of the satellite antenna. Any construction and installation of roof-mounted satellite antennas shall meet the following standards:

(1)

The construction and installation of a roof-mounted satellite antenna must be designed so as not to pose a threat to people and property. The load distribution within the building's roof and/or a wind velocity test shall be provided by a registered engineer where deemed necessary by the Building Official. The owner of such antenna shall assume complete liability in case of personal injury or property damage.

(2)

Where a satellite antenna is to be installed on a pitched roof, where possible, it shall be installed on that side of the pitched roof not facing any public or private road. Where a satellite antenna is to be installed on a flat roof, where possible, it shall be installed on that portion of the roof which is least visible from any public or private road. All rooftop installation shall be consistent with neighboring improvements, uses and architectural character as much as possible.

(3)

A satellite antenna mounted on a roof or building shall not exceed 12 feet in height, nor shall any such antenna project more than six feet above the peak or highest point of the roofline.

(4)

Where feasible, taking into consideration structural, architectural and cost factors, roof-mounted satellite antennas shall be installed with parapets and/or an architecturally compatible screening plan.

Appeal and variance procedure.

(1)

All appeals and all applications for variances from the regulations herein contained shall be referred to and determined by the Board of Appeals on Zoning in accordance with its usual procedures with regard to public notice and hearing.

(2)

The Board of Appeals shall have authority to vary or modify the regulations contained herein in cases where it is satisfied that compliance therewith will not provide adequate reception or will impose undue costs considering the cost of purchasing and installing the satellite antenna; provided, however, that such relief will not be detrimental to the district in which the satellite antenna is located, and the Board may set such conditions and safeguards as it considers necessary and appropriate.

Penalties for offenses. Any neglect, failure or refusal to comply with any provisions of this section shall be deemed a violation thereof, and any person who shall so violate any provision of this section shall, upon conviction thereof, be punished by a fine of not more than $500 for each offense. Each and every day such violation shall continue will constitute a separate offense.