[Amended 2-28-1996 by L.L. No. 4-1996]
The Board of Trustees hereby determines that, in a community such as the Village of Mineola, comprised principally of one-family homes, the aesthetic impact of large parabolic or hemispheric discs or other similar antennae or devices, measuring several feet in diameter, can be offensive to the residential community and be inconsistent with the character of the neighborhood. If unregulated, such devices can be disruptive to the appearance of the skyline and disrupt the pleasant nature and character of the community. Also, the interests of public safety require that such devices be installed in accordance with well-defined engineering standards, and other safety measures such as fencing around the base may be necessary. These aesthetic and safety concerns do not arise in connection with dipole antennae, which blend into the skyline. The Board also finds that a regulatory scheme such as set forth herein allows a reasonable balancing of the needs of the community and the rights of persons to reasonable access to television or radio stations which may be desired and allows such antennae to fit into the character of the community.
A. General regulation. No person shall cause, suffer or permit the erection, construction, installation, relocation and/or maintenance of any parabolic or hemispheric disc or satellite receive-only antenna or other similar antenna or device, the purpose of which is to receive television, radio and/or microwave or other electrical or similar signals from satellites or from ground facilities which transmit such signals, except as provided herein.
B. As-of-right uses.
(1) In the B-1, B-2, B-3, H and M Zoning Districts, a satellite receive-only antenna two meters or less in diameter is permitted.
(2) In any district other than the B-1, B-2, B-3, H and M Districts, a satellite receive-only antenna one meter or less in diameter is permitted.
C. Permit required. In all other instances, no erection, construction, installation and/or maintenance shall be permitted or continued except when permitted by special exception permit by the Board of Trustees after public hearing. The first permit granted to any applicant under this section shall be conditional and shall be for a period of not more than two years. Any application for renewal of such conditional permits shall be acted upon in the same manner as an initial application unless a waiver of public hearing should have been granted by the Board of Trustees.
D. Requirements for special exception permits.
(1) In evaluating whether a special exception permit should be issued, the Board of Trustees shall consider the purposes set forth herein.
(2) The antenna or other device shall be located only in the rear yard of the lot unless the applicant establishes that other placement is necessary to obtain reasonable reception.
(3) No permit shall be issued if the Board of Trustees finds that either the type of antenna or disc, or the method of its placement, will endanger the safety of residents, neighbors or pedestrians or threaten property on the applicant's lot or adjoining lots.
(4) Use of any illumination for the disc or antenna is strictly prohibited.
(5) All connections shall be made so that wiring and supporting cables shall not be visible from the street or sidewalk.
(6) No more than one parabolic, hemispheric, satellite receive-only, or similar antenna shall be erected, constructed, installed or maintained on a single lot or premises.
(7) The Board of Trustees shall impose such screening requirements as are reasonable to effectuate the purposes set forth herein and that will not substantially limit reception.
E. Application for permit. All applications for permits shall be filed with the Board of Trustees of the Incorporated Village of Mineola. The application to the Board of Trustees shall describe the subject premises by street address and by section, block and lot number and shall describe the present use of the premises. In addition, the application shall be accompanied by the following:
(1) A location survey showing existing structures upon the premises, their location and distance from the proposed disc or antenna, the dimensions of the parabolic disc or antenna, the setbacks of the parabolic disc or antenna from each property line and all properties and structures within a two-hundred-foot radius of the premises, showing the names and street addresses of the record owner of such property.
(2) A detailed plan showing the material from which the parabolic disc or antenna is to be constructed and the proposed color of the parabolic disc or antenna and details illustrating the structural support system.
(3) A landscape plan illustrating adequate screening of the parabolic disc or antenna, which will be provided to screen the parabolic disc or antenna from the roadway and adjoining property owners. Unless demonstrated to be impracticable, all screening required shall be by coniferous trees and shall be of sufficient height and density to screen 100% of the parabolic disc or antenna from sight at ground level from the roadway and from properties located within a two-hundred-foot radius of the premises during the entire year.
(4) An application fee as set by resolution of the Board of Trustees.
F. Notice required. Prior to the public hearing held by the Board of Trustees, the applicant shall file a certification of notice showing that all property owners within 200 feet of the applicant's property were notified, in writing, by the applicant of his application, by registered mail or certified mail, return receipt requested, at least 10 days and no more than 21 days before the date scheduled for the public hearing.