[HISTORY: Adopted by the Board of Trustees of the Village
of Lynbrook 10-21-1985 as L.L. No. 10-1985. Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 252.
The Board of Trustees of the Village of Lynbrook has become
concerned about effects and the appearance of satellite and/or dish
antennas. The Board finds that, unless regulated, dish antennas may
be installed in locations which may pose a threat to the health, safety
and welfare of residents and which also may be aesthetically unpleasant
and have an adverse impact on surrounding property values and the
enjoyment and use of surrounding properties. The intent and purpose
of this chapter is to establish a procedure and criteria to avoid
the adverse impacts of the installation of dish antennas and to preserve
the character, appearances and general welfare of the municipality.
[Amended 12-9-1991 by L.L. No. 10-1991]
Dish antennas shall be deemed to be special permit accessory uses under Chapter 252, Zoning; the maximum number on any one property shall be one.
[Amended 12-9-1991 by L.L. No. 1-1991]
Applications for a special permit shall be made to the Board
of Trustees. Plans and sketches shall be submitted by the owner only.
Said plan shall show the location of all physical improvements on
the subject premises and the proposed location of the dish antenna.
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. No building permit shall be issued by the Superintendent
of Buildings for the installation of any dish antenna until approval
is obtained under this chapter from the Board of Trustees.
[Amended 12-9-1991 by L.L. No. 1-1991]
The Board of Trustees, in considering an application, shall
determine whether the proposed dish antenna will have a harmonious
relationship with surrounding property uses and shall be located so
as not to have any harmful effects upon residents or to diminish the
value or use of surrounding properties. The Board of Trustees shall
consider, among other things, the following criteria:
A.
The dish antenna shall be located on the ground and must be screened
from the roadway and adjoining property owners with foliage of such
height and density so as to screen said satellite antenna 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.
B.
The dish antenna shall not be located on any trailer or portable
device.
C.
The dish antenna shall be located in rear yards only and shall be
an accessory structure requiring compliance with all minimum yard
requirements under the Zoning Law. When a back yard is not accessible
or does not meet building specifications, and a side yard meets the
Zoning Law requirements, a dish antenna may be located there. If said
side yard borders on a street, a screen of foliage shall be provided
so as to shield said satellite antenna from the street and adjoining
properties during the entire year.
D.
The dish antenna shall not be connected to or placed upon any roof
and shall not at any point or part of the antenna be elevated to or
reach a height of more than 15 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.
Where a violation of this chapter is determined to exist, the
Building Inspector shall serve, by certified mail or personally, on
the owner, agent or lessee of the subject premises, a notice requiring
the removal of the violation within 24 hours after service of the
notice. If the person or persons notified shall fail to remove the
violation within said time period, the Superintendent of Buildings
shall commence appropriate proceedings before the Justice Court of
the Village of Lynbrook. The municipality may take any appropriate
action or proceeding in addition to the aforesaid remedy. 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 for each day that a violation occurs or is committed.
The following fees shall be charged:
[Amended 3-20-1995 by L.L. No. 4-1995]
Notwithstanding anything to the contrary in this chapter, one
dish antenna not exceeding 24 inches in diameter may be installed
without obtaining a special use permit therefor, provided that the
antenna is located on the ground in the rear yard only or on the roof
of the building or dwelling completely below the upper roof ridge.
If located on the ground, no part of the antenna may be elevated more
than 12 feet above the natural grade of the subject premises or located
less than five feet from the rear or side property lines. The antenna
shall be an accessory structure requiring a building permit.
