Village of Westhampton Beach, NY
Suffolk County
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Table of Contents
Table of Contents

§ 197-25 Provisions of chapter subject to supplementary regulations.

§ 197-25.1 Exterior lighting.

§ 197-26 Lots with small dimensions.

§ 197-27 Fill.

§ 197-28 Tennis courts.

§ 197-29 Nonconforming uses.

§ 197-30 Signs.

§ 197-31 Corner lots and through lots.

§ 197-32 Front yards.

§ 197-33 Camping grounds.

§ 197-34 Floor area.

§ 197-35 Location and height of accessory buildings and structures.

§ 197-36 Roof overhangs.

§ 197-37 Building heights on dunes.

§ 197-38 Farms.

§ 197-39 Trailers in business districts.

§ 197-40 Condominium and cooperative uses.

§ 197-40.1 One- or two-bedroom dwelling units above stores in business districts.

§ 197-41 Tents.

§ 197-42 Arcade games.

§ 197-42.1 Wireless telecommunications towers and facilities.

§ 197-43 Fences and walls in residence districts.

§ 197-44 Accessory solar energy systems.

§ 197-45 Fences and walls in nonresidence districts.

§ 197-46 Measuring height of fences and walls.

§ 197-47 Direction of side of fence or wall.

§ 197-48 Lines of sight at intersections.

§ 197-48.1 Service uses.

§ 197-48.2 Permitted densities in multiple dwellings and hotels.

§ 197-48.3 Outdoor display by retail nurseries.

§ 197-48.4 Outdoor display by marine, boat and recreational vehicle retailers.

§ 197-48.5 Outdoor storage by wholesale businesses.

§ 197-48.6 Delicatessens in B-2 and B-3 Districts.

§ 197-48.7 Vending machines as accessory uses in B-2 and B-3 Districts.

§ 197-48.8 Animal shelters; aviaries; kennels; veterinary services.

§ 197-25 Provisions of chapter subject to supplementary regulations.

The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.

§ 197-25.1 Exterior lighting.

[Added 6-12-1992 by L.L. No. 5-1992]
A. 
In all residential districts, exterior lighting shall be placed and shielded in such a manner as not to illuminate beyond the property's lot lines. The following standards shall apply:
[Amended 7-5-2016 by L.L. No. 3-2016]
(1) 
The illumination of all exterior lighting shall be steady in nature, not flashing, moving or changing in brilliance, color or intensity, provided that such restrictions shall not apply to temporary decorative lighting during Christmas or other recognized holiday seasons.
(2) 
Shielding. All outdoor lighting fixtures shall be fully shielded and aimed straight downward, with the following exceptions:
(a) 
Unshielded outdoor lighting fixtures operated by motion sensors are permitted, provided that:
[1] 
The fixture is set to go on only when activated and to go off within five minutes after activation has ceases; and
[2] 
The sensor shall not be triggered by activity off the property; and
[3] 
The output per fixture does not exceed 1,800 lumens (100 watt incandescent).
(b) 
Outdoor lighting fixtures with total light output of 900 lumens or less (60 watt incandescent or less) are exempt from the shielding and aiming requirements.
(3) 
Mounting height.
(a) 
The mounting height of a fixture attached to any structure shall not exceed 12 feet from the lowest light-emitting point on the fixture to the area to be lit directly below the fixture, except for fully recessed soffit lighting that otherwise complies with this article.
(b) 
The mounting height of any freestanding light fixture shall not exceed 10 feet and, when located in side and/or rear yards, shall meet the setback requirements of Subsection A(4) below, unless otherwise authorized by the Village.
(4) 
Setback. The setback for freestanding light fixtures from closest side and/or rear yard property lines shall be greater than or equal to three times the mounting height.
(5) 
Subsequent to the effective date of this article, any addition or expansion, whether single or cumulative, that is made to a residential property, whereby lot coverage or floor area is increased by 25% or more, shall subject said residential property to the provisions of this article for the entire property, including previously installed and any new outdoor lighting. Any modifications or alterations to any such preexisting nonconforming light fixtures shall be subject to all the requirements of this article.
B. 
In all districts in the Village of Westhampton Beach, the illumination by artificial light of outdoor sports facilities, public or private, is hereby prohibited. This prohibition shall not apply to private outdoor swimming pools which may have lighting which is not elevated more than one foot above the top of the swimming pool structure. For purposes of this section, the swimming pool structure shall only include the pool and its attached associated decking or patio.
C. 
All legal, nonconforming light fixtures used in connection with artificial illumination of outdoor sports facilities in existence on the effective date of the adoption of this section shall, within six years of the effective date of this section, become illegal and shall be removed.
D. 
Any person, firm or corporation who or which shall violate any of the provisions of this section shall be subject to a fine not exceeding $250. The continuation of a violation of this section shall constitute for each day the offenses continue a separate and distinct violation. In addition to any other remedy provided for herein, proceedings may be instituted to enjoin any unlawful construction, installation, use or maintenance of exterior lighting.
E. 
If any section, subsection, phrase, sentence or other portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct and independent provision and such holdings shall not affect the validity of the remaining portions hereof.

§ 197-26 Lots with small dimensions.

[Amended 3-12-1971; 4-8-2002 by L.L. No. 3-2002; 6-10-2002 by L.L. No. 4-2002; 3-10-2003 by L.L. No. 1-2003; 12-8-2003 by L.L. No. 13-2003]
A. 
A “small lot” is defined as a lot separately described in a deed executed, delivered and filed prior to May 31, 1953, or shown on a subdivision map filed in the office of the Clerk of the County of Suffolk prior to May 31, 1953, which has not been changed in size or dimension and has been individually and separate owned from any other lot, tract or parcel of land, wholly or partially adjoining said lot from May 31, 1953, and continuously thereafter which does not comply with the lot width requirements but does comply with the lot area of the zoning district wherein it is located. A small lot is entitled to the relief set forth in Subsection C below.
[Amended 2-7-2008 by L.L. No. 2-2008]
B. 
After the adoption of this chapter, the dimensions of a lot, parcel or tract of land shall not be changed or altered without the approval of the Planning Board.
C. 
The side yards of a small lot shall be reduced in the same proportion as the actual width of the lot bears to the required width of the lot; provided, however, that no such single side yard shall be less than 10 feet and the total side yards less than 3/4 of the required total side yards.

§ 197-27 Fill.

[Added 2-14-2000 by L.L. No. 5-2000;[1] amended 1-8-2001 by L.L. No. 1-2001; 3-10-2003 by L.L. No. 1-2003; 12-8-2003 by L.L. No. 13-2003]
A. 
A building permit shall be required for the placement of soil, sand or earth fill on any lot or parcel of land which will increase the elevation of any part of the lot or parcel of land by more than one foot. The application for a building permit shall include a topographic survey showing the placement of the fill, and the Building Inspector may, upon review of the application, require the applicant to file an application with the Planning Board for site plan approval.
B. 
A building permit and site plan approval shall be required prior to the placement of any soil, sand or earth fill on any lot or parcel of land or any part thereof in any amount in any area designated as a floodplain and in any area designated as a special flood hazard area.
C. 
It shall be unlawful to place any soil, sand or earth fill on any lot or parcel of land which results in a change in the height of an existing structure.
D. 
The placement of fill to raise the existing grade within 10 feet of any property line by more than six inches shall be prohibited.
[1]
Editor's Note: This local law also provided for the repeal of former § 197-27, Location of swimming pool, added 10-12-1979 by L.L. No. 16-1979.

§ 197-28 Tennis courts.

[Added 4-13-1984 by L.L. No. 6-1984; amended 2-14-2000 by L.L. No. 5-2000; 3-10-2003 by L.L. No. 1-2003; 12-8-2003 by L.L. No. 13-2003]
The installation of a tennis court in the R-1 or R-3 Zoning District shall require site plan approval pursuant to § 197-63P.

§ 197-29 Nonconforming uses.

A. 
A nonconforming use may be continued although such use does not conform to the provisions of this chapter.
[Amended 10-28-1992 by L.L. No. 11-1992]
B. 
Nothing herein contained shall require any change in plans, construction or designated use of a building, the lawful construction of which has been commenced prior to the enactment of this chapter and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of this chapter, and which entire building shall be completed within one year from the date of this chapter.
C. 
Reconstruction and alteration.
[Amended 4-8-1988 by L.L. No. 12-1988; 10-28-1992 by L.L. No. 11-1992; 12-11-1995 by L.L. No. 10-1995; 3-10-2003 by L.L. No. 1-2003; 12-8-2003 by L.L. No. 13-2003]
(1) 
Except as is provided for in Subsection C(5) below, a nonconforming use may only be reconstructed or altered by way of a permit from the Zoning Board of Appeals. Any enlargement, extension or expansion of a nonconforming use shall be prohibited.
[Amended 10-12-2004 by L.L. No. 4-2004; 9-5-2013 by L.L. No. 6-2013]
(2) 
A nonconforming use shall not be reconstructed or altered so as to:
[Amended 10-12-2004 by L.L. No. 4-2004]
(a) 
Increase the degree of nonconformity;
(b) 
Increase the height or number of stories;
(c) 
Increase, extend or enlarge the floor area devoted to the nonconforming use.
(3) 
Any reconstruction or alteration of a nonconforming use shall be located upon the same part of the lot or parcel of land currently occupied by the nonconforming use. If the nonconforming use does not conform to the dimensional setback requirements of the Code, the nonconforming use shall be relocated to a conforming location on the lot or parcel of land.
(4) 
If more than one nonconforming use is located on a lot or parcel of land, the area devoted to any one nonconforming use cannot be added to the area devoted to any other nonconforming use.
(5) 
A nonconforming membership beach, golf or tennis club may be expanded, rebuilt, extended or enlarged to the extent of 25% of the floor area of the main building devoted to the nonconforming use prior to the effective date of this subsection, provided that:
[Added 10-12-2004 by L.L. No. 4-2004[1]]
(a) 
The height and number of stories shall not be increased;
(b) 
Areas devoted to storage, utilities or similar uses may be expanded, extended or enlarged up to 100% of the area previously devoted to such use, provided that the existing storage, utilities or similar uses shall not be changed or altered;
[Amended 12-1-2005 by L.L. No. 10-2005]
(c) 
The expansion, rebuilding, extension or enlargement of the main building shall be in the same area as previously occupied by the main building, except if the main building did not comply with the setback requirements of the Code the expansion, rebuilding, extension or enlargement of the main building shall meet the setback requirements of the Code;
(d) 
The lot coverage of the main building may be increased to accommodate the expansion, rebuilding, extension or enlargement, provided that the lot coverage requirements of the district wherein the nonconforming use is located are complied with;
(e) 
If the nonconforming use has a restaurant, there shall be no expansion of the restaurant seating, including the dining or bar area, above the number of seats approved by the Suffolk County Department of Health Services as of the date of this subsection, and the provisions for a standard restaurant set forth in the Code shall apply to any approval for an existing restaurant.
[1]
Editor's Note: This local law also redesignated former Subsection C(5) as Subsection C(6).
(6) 
Any approval under this subsection shall be conditioned upon demonstration of the following conditions:
(a) 
Compliance with all off-street parking requirements for existing and proposed structures and uses in effect at the time of any application and determination hereunder.
(b) 
Absence of any change in the nature or character of the nonconforming use or uses or building or structure, except in reduction of the degree of nonconformity.
(c) 
Compliance with all the dimensional requirements for the district in which the premises are located, including building area, required yards and building height, except as to any dimensional requirements which caused all or part of the nonconforming use.
(d) 
Any change shall be beneficial to the general neighborhood.
(e) 
Any change shall be made subject to such reasonable conditions and safeguards as the Board of Appeals may determine.
(f) 
Any change shall be conditioned upon an affirmative finding that the approval of the change will not result in or allow an intensification of the nonconforming use.
D. 
A nonconforming use shall not be changed to a more intense nonconforming use. Notwithstanding any other provision contained herein to the contrary, an increase in the volume or other intensification of the nonconforming use shall be deemed a prohibited intensification of a nonconforming use. If a nonconforming use consists of several uses or functions, each use or function shall be considered a separate and distinct nonconforming use.
[Added 12-11-1995 by L.L. No. 10-1995[2]; amended 3-10-2003 by L.L. No. 1-2003; 12-8-2003 by L.L. No. 13-2003]
[2]
Editor's Note: This local law also provided for the renumbering of former Subsections D through K as Subsections E through L, respectively.
E. 
Whenever a nonconforming use has been substantially discontinued, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter. "Discontinuance" shall mean:
[Amended 4-8-1998 by L.L. No. 12-1988; 2-13-1996 by L.L. No. 2-1996; 2-8-1999 by L.L. No. 2-1999; 8-14-2000 by L.L. No. 13-2000]
(1) 
Where the nonconforming use is of a building or structure designed for such use, there has been substantial voluntary discontinuance of such use for a continuous period of 12 consecutive months.
(2) 
Where the nonconforming use is of a building or structure designed for such use, it has not in fact been actually and substantially used for a continuous period of 36 consecutive months.
(3) 
Where the nonconforming use is of a building or structure not designed for such use or is of a lot or parcel of land on which there is no consequential building or structure devoted to such use, there has been substantial discontinuance of the nonconforming use without reference to the intent to resume the nonconforming use or to continue the active operation of substantially all of the nonconforming uses or part of the nonconforming structure or building for a continuous period of six consecutive months, except that this six-month period shall be extended to 12 consecutive months when applied to any seasonally operated legally nonconforming hotel, motel, beach club, marina or tennis club, restaurant, bar, cabaret disco or nightclub.
(4) 
Where the nonconforming use has been damaged by fire or other casualties to an extent greater than 1/2 its assessed value, the failure to substantially restore said nonconforming use to its former condition within 18 consecutive months of such fire or other casualty.
(5) 
Clear intent on the part of the owner to abandon the nonconforming use.
F. 
Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
G. 
A nonconforming use may not be changed to another nonconforming or prohibited use.
[Added 9-11-1981 by L.L. No. 15-1981]
H. 
No automotive service station which becomes nonconforming with respect to the storage or parking of motor vehicles as a result of an amendment to this chapter shall be continued, operated or maintained for more than six months after the effective date of such amendment, unless the same is operated and maintained in full conformity with all of the requirements of this chapter.
I. 
The provisions of this section shall apply to all nonconforming uses.
[Amended 5-14-1982 by L.L. No. 9-1982; 4-8-1988 by L.L. No. 12-1988; 10-28-1992 by L.L. No. 11-1992; amended 11-14-1997 by L.L. No. 14-1997]
J. 
Amortization.
[Amended 3-8-1974; 8-27-1976 by L.L. No. 3-1976; 4-14-1978 by L.L. No. 2-1978; 5-14-1982 by L.L. No. 9-1982; 6-13-1986 by L.L. No. 9-1986; 4-8-1988 by L.L. No. 12-1988; 7-1-1996 by L.L. No. 10-1996]
(1) 
Amortization of nonconforming uses and structures. A nonconforming structure or nonconforming use may be subject to compulsory termination by the Board of Trustees when it is found to adversely affect the health, safety, welfare, peace, comfort and enjoyment of the residents of the Village and the character of the Village, including the immediate area where the use or structure is located, is detrimental to the conservation of the value of the surrounding land and improvements or to future development of surrounding lands and therefore is tending to deteriorate or blight the neighborhood.
[Amended 6-9-2000 by L.L. No. 10-2000]
(2) 
Amortization of nonconforming cabaret, disco and nightclub uses.
(a) 
Legislative intent.
[1] 
The Board of Trustees hereby finds that cabarets, discos and nightclubs have been nonconforming uses in the Village of Westhampton Beach since September 11, 1981 when all such uses, together with restaurants and diners, were eliminated as permitted uses. At the time cabarets, discos and nightclubs were made nonconforming, the Village was experiencing an increase in the number of such uses which resulted in problems of overcrowding, noise and unruly behavior generated from these establishments. Since that time a number of the cabarets, discos and nightclubs have ceased operation on their own. The Trustees find that the remaining cabarets, discos and nightclubs located in the Business District 1 cause problems of overcrowding, noise and unruly behavior which has an adverse effect on the community in general and the surrounding businesses in particular.
[2] 
The Board of Trustees further finds that the continued operation of nonconforming cabarets, discos and nightclubs adversely affects the peace, comfort and enjoyment of the residents of the Village and the character of the Village, including the immediate area, and is detrimental to the conservation of the value of the surrounding area and the future development of the surrounding area. Accordingly, all nonconforming cabaret, disco and nightclub uses in the Business District 1 are to terminated based upon the following provisions.
(b) 
Termination. The right to maintain a nonconforming cabaret, disco or nightclub shall be terminated either upon the date that there is a change of ownership or operation of any cabaret, disco or nightclub, including the change in any person or entity listed on a license issued by the New York State Liquor Authority, or upon the date that there is a change in the tenancy of any building or part thereof used as a cabaret, disco or nightclub or within one year of the date that a notice of termination is served upon the owner or operator of a cabaret, disco or nightclub or upon the tenant occupying the area of a cabaret, disco or nightclub or upon the owner of premises on which a cabaret, disco or nightclub is operating.
(c) 
Notice of termination. The Building Inspector shall make a determination as to what business or businesses in the Business District 1 are being operated as cabarets, discos or nightclubs or what building or part thereof is being used as a cabaret, disco or nightclub. Upon making such a determination the Building Inspector shall serve a notice of termination upon the owner or operator of a cabaret, disco or nightclub or upon the tenant occupying the area of a cabaret, disco or nightclub or owner of the premises on which a cabaret, disco or nightclub is operating. Said notice shall set forth the location of the premises where the cabaret, disco or nightclub is located, the date of termination and a statement that the owner or operator of the cabaret, disco or nightclub may within 60 days of the date of the notice is served make an application to the Board of Trustees to extend the termination date. The notice is to be sent to the owner or operator of the cabaret, disco or nightclub by certified mail return receipt requested at the address where the cabaret, disco or nightclub is operating. If the mailing is not accepted, then a copy of the notice shall be affixed to the property were the cabaret, disco or nightclub is located and an additional copy shall be sent by regular mail to the address where the cabaret, disco or nightclub is located. Service may also be made to the owner or operator in accordance with the provisions of the CPLR.
(d) 
Hearing.
[1] 
If an application if filed with the Board of Trustees to extend the termination date of the nonconforming cabaret, disco or nightclub, the Board of Trustees shall schedule a public hearing to consider the application. Notice of the hearing shall be sent to the applicant and to all property owners within 200 feet of the location of the cabaret, disco or nightclub. The notice of public hearing shall set forth the date, time and place for the hearing. Notice of the public hearing shall also be advertised in the official newspaper of the Village.
[2] 
In any such hearing the owner shall have the burden of establishing that the original adjusted capital investment of the owner has not been fully amortized from the date the owner commenced operating the nonconforming cabaret, disco or nightclub or September 11, 1981, the date said uses became nonconforming, whichever date is later. The original adjusted capital investment as used herein is defined to mean the original cost of the owner to establish the cabaret, disco or nightclub use, less all depreciation taken for income tax purposes exclusive of the fair market value of the building or structure in which the cabaret, disco or nightclub is located.
(e) 
Amortization schedule. The following amortization schedule is adopted by the Board of Trustees to assist them in any hearing to determine whether the termination date of a nonconforming cabaret, disco or nightclub should be extended. The Board of Trustees also finds that a reasonable distinction should be made in the amortization schedule set forth herein as it is applicable to an owner who commenced operating the cabaret, disco or nightclub at a time when such a use was permitted and the owner who commenced operating the cabaret, disco or nightclub when such use was a nonconforming use.
[1] 
It shall be presumed that the original capital investment of the owner or operator of any cabaret, disco or nightclub in existence prior to September 11, 1981, the date such use became nonconforming, is amortized at the rate of $50,000 per year commencing on September 11, 1981.
[2] 
In the case of any nonconforming cabaret, disco or nightclub where there has been a change in the owner of such nonconforming cabaret, disco or nightclub subsequent to September 11, 1981, it shall be presumed that the original capital investment of the owner of any cabaret, disco or nightclub is amortized at the rate of $75,000 per year commencing on the date the owner started the nonconforming cabaret, disco or nightclub.
[3] 
The owner shall have the burden at any hearing of establishing that the amortization schedule set forth above should not apply.
(f) 
Invalidity. If any section, subsection, sentence or other portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.
(3) 
Amortization of nonconforming asphalt plants.
[Added 6-9-2000 by L.L. No. 10-2000]
(a) 
Legislative intent.
[1] 
The Board of Trustees finds that asphalt plants have been nonconforming uses in the Village of Westhampton Beach since 1985 when such uses were eliminated as permitted uses in the Industrial District. This Board further finds:
[a] 
There is only one asphalt plant in operation in the Village of Westhampton Beach.
[b] 
The existing asphalt plant is adjacent to and abuts residential property located in a resident zoning district.
[c] 
The operation adversely impacts upon the quality of the air, producing odors that cannot be eliminated.
[d] 
Other emissions are produced as a result of the operation of the asphalt plant including diesel emissions from the truck traffic generated by the asphalt plant and from the equipment operated at the asphalt plant.
[e] 
Other materials are produced that cause a residue on neighboring properties which adversely impact these properties.
[f] 
The operation of the asphalt plant also results in a substantial increase in heavy track traffic on residential streets from the early morning to the evening.
[g] 
The operation of the asphalt plant also results in a substantial increase in the noise in the neighborhood from the early morning to the evening hours.
[2] 
The Board of Trustees further finds that the continued operation of the asphalt plant will adversely affect the health, safety and welfare of the residents of the Village in general and the neighboring residences in particular and that the continued operation of the asphalt plant will adversely affect neighboring property values.
[3] 
Based upon the foregoing findings, the Board of Trustees has determined that in order to preserve and protect the health safety and welfare of the residents of the Village, and to preserve and protect the property values in the Village the continued use of the asphalt plant should be discontinued and that said operation should be terminated upon the following provisions.
(b) 
Termination.
[1] 
The right to operate and maintain a nonconforming asphalt plant shall terminate one year from the date this subsection is adopted unless, within the time specified, the owner or mortgagee or both appeal to the Zoning Board of Appeals to extend the termination date for an additional period of time not to exceed five years from the date this subsection is adopted.
[2] 
In the event that an appeal is taken to a court of competent jurisdiction from any of the provisions of this amortization section or from any decision of the Zoning Board of Appeals, the period of termination set forth above shall continue to run during said appeal.
(c) 
Notice of termination.
[1] 
Upon the adoption of this subsection, the Building Inspector shall serve a notice of termination upon the owner of the real property and the mortgagee, if any, of any mortgage on real property, notifying them that the operation of the asphalt plant shall terminate on the date specified in the notice. The notice shall further state that the owner or mortgagee, or both, may, within 60 days of the date the notice is served, file an application with the Zoning Board of Appeals for an extension of the termination date.
[2] 
If no such application is filed within the time set forth herein, it shall be presumptive proof that the termination date set forth in said notice is reasonable and that the nonconforming asphalt plant has been fully amortized, and the use shall terminate on the date specified in the notice.
[3] 
The notice of termination shall be sent by certified mail, return receipt requested, to the owner of the real property at the address set forth on the most recent tax rolls of the Village and to any mortgagee at the address set forth on any recorded mortgage.
[4] 
In the event that the certified letter is not accepted by the owner, the posting of a copy of the notice on the property and the mailing of a copy by regular mail to the owner's address shall be deemed sufficient notice.
(d) 
Hearing.
[1] 
Upon the filing of an application, the Zoning Board of Appeals shall schedule a public hearing to determine the termination date.
[2] 
The Zoning Board of Appeals shall be entitled to retain such experts and others it deems necessary to assist it in its review.
[3] 
The applicant shall have the burden of establishing the right to continue the operation of the asphalt plant beyond the date set forth in the termination notice.
[4] 
The Zoning Board of Appeals shall consider the following factors, among others, in making its determination:
[a] 
The value of the land without the buildings, fixed equipment, fixed structures and other fixed capital improvements existing on the property and used in the production of asphalt as of the date it was acquired by the present owner.
[b] 
The value of all the buildings, fixed equipment, fixed structures and other fixed capital improvements existing on the property and used in the production of asphalt as of the date the asphalt plant became a nonconforming use.
[c] 
The value of all the buildings, fixed equipment, fixed structures and other fixed capital improvements used in the production of asphalt as of the date the present owner acquired the property.
[d] 
The value of all buildings, fixed equipment, fixed structures and other fixed capital improvements used in the production of asphalt that were added pursuant to a valid building permit subsequent to the date the present owner acquired the property.
[e] 
The value of all additions, modifications and alterations made to buildings, fixed equipment, fixed structures and other fixed capital improvements used in the production of asphalt that were added pursuant to a valid building permit subsequent to the date the present owner acquired the property.
[f] 
The depreciation of buildings, fixed equipment, fixed structures and other fixed capital improvements used in the production of asphalt taken for income tax purposes by the present owner.
[g] 
The effect the operation of the asphalt plant has upon property values in the area.
[h] 
The character of the neighborhood.
[i] 
The environmental effects the asphalt plant has upon the neighborhood.
(e) 
Standing. Any resident of the Village and the Board of Trustees shall have the standing and the right to intervene in any hearing before the Zoning Board of Appeals.
(f) 
Invalidity. If any section, subsection or other portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portions thereof.
K. 
No unlawful building or structure or unlawful use of a building or structure or lot existing at the effective date of this chapter shall be deemed to be a nonconforming building, structure or use.[3]
[Added 5-14-1982 by L.L. No. 9-1982]
[3]
Editor's Note: Former Subsection L, added 10-28-1992 by L.L. No. 11-1992, and amended 1-8-2001 by L.L. No. 1-2001, which immediately followed this subsection and set forth provisions applicable to all nonconforming uses located in residential districts, was repealed 3-10-2003 by L.L. No. 1-2003; 12-8-2003 by L.L. No. 13-2003.

§ 197-30 Signs.

[Last amended 5-14-2001 by L.L. No. 3-2001]
A. 
Purpose. The Board of Trustees recognizes the highly significant role signage plays in the image the Village presents to residents and visitors alike. The purpose of this section is to improve and perpetuate the attractive rural appearance and tranquil image of the Village of Westhampton Beach and to promote and protect public health, welfare and safety by regulating signs of all types. It is intended to create attractive signage to protect property values, to enhance the aesthetic character of buildings and sites, to preserve scenic and natural beauty, to prevent distractions and obstructions that may contribute to traffic accidents, and to limit the use of energy in sign design, construction and operation.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
[Amended 4-7-2011 by L.L. No. 1-2011]
SIGN
Any material, structure or device, or part thereof, which shall display or include any letter, word, model, banner, pennant, insignia, device, flag, string of lights, artificial lighting or graphic representation. The flags or insignia of any nation or group of nations or of any governmental agency are expressly excluded from this definition.
SIGN AREA
The area of a sign shall be the area of a rectangle, the sides of which enclose the letters/symbols and shall include the entire sign box, signboard or any background of a different color than the color of the building. Artwork which depicts images that are not architectural features of the building or structure shall be included in the sign area.
SIGN HEIGHT
The height of any sign shall be measured vertically from the average finished grade at the base of the sign. Planters shall not be used to circumvent the intent of this section.
C. 
Permitted signs defined and regulated.
(1) 
General
(a) 
Each business establishment shall be permitted a maximum of two signs. Permitted signs may be wall, ground, window or awning. Only one of these permitted signs may be a ground sign. The combined total area of all signs shall not exceed an area of one foot times the width of the storefront of the building and shall not be larger than 20 square feet in the B-1 Zoning District.
[Amended 10-12-2004 by L.L. No. 4-2004]
(b) 
Permitted signs may identify the person, establishment or the product and/or service available on the premises which contains the sign. All signs shall be an accessory use and permitted only as provided for in this section.
(c) 
Any sign erected or authorized by the Village, town, county, state or other governmental authority, including all signs pertaining to traffic regulations, parking regulations, fire zones and petroleum price signs which are subject to the rules and regulations of the New York State Vehicle and Traffic Law shall be exempt from the provisions of this section, except where maximum size, lettering, color, exact on-site location are not specifically determined by the law permitting the sign, such characteristics of the sign shall be subject to Architectural Review Board Approval.
(d) 
A residential condominium, cooperative, apartment house or two-family dwelling shall be entitled to one directory sign, and each dwelling unit shall be entitled to one window sign, which window sign shall not exceed an area of eight inches times the width of the window to which it is attached in lettering no more than 10 inches in height.
(e) 
Schedule of Permitted Signs. Schedule A located at the end of this chapter summarizes the number, size and setback requirements of certain permitted signs according to zoning district. In the event of any conflict between Schedule A and this section, the provisions of this section shall control.
[Added 4-7-2011 by L.L. No. 1-2011]
(2) 
Address sign: a sign containing either the name of the occupants and/or the street address. The sign may not exceed one square foot in area; may be attached to the building or on a post not more than four feet high and set within the property boundaries. No permit is required for residential use nor is any fee required for the street address number required by Chapter 144 of the Code.
(3) 
Announcement sign:
[Amended 4-7-2011 by L.L. No. 1-2011]
(a) 
Temporary new business sign: a temporary sign announcing the establishment of a new business to occupy an existing commercial space. The maximum size of the sign shall be the same as that permitted for a permanent in the applicable zoning district. Shall be fixed to, either inside or outside, of the window of the subject business. Temporary signs shall only be installed after submission and receipt of a complete sign permit application to the Building Department for a permanent sign on the subject site. In no case will a temporary sign substitute for a permanent sign. The temporary sign shall be removed upon installation of the permanent sign, or 45 days from the issuance of the sign permit, whichever is sooner.
(b) 
Temporary promotion sign: a temporary sign of a commercial or noncommercial nature, including announcing a charitable or nonprofit event, not to exceed 30 days. No more than one announcement sign about the same activity shall be permitted in any 90 days. Such sign shall not be larger than 18 inches by 24 inches and may only be placed inside the window of a building. The area of a temporary promotional or announcement signs placed on the interior of a window may not exceed 25% of the area of such window. No permit is required.
(4) 
Awning sign: a sign painted on an awning attached to a building.
(a) 
The awning shall be made of fire-retardant material.
(b) 
On the bottom edge of the front of the awning, one row of letters, not higher than six inches covering not more than eight feet in width, or 50% of the awning width, whichever is less.
(c) 
No description of products or services, addresses or telephone numbers are permitted.
(d) 
Awning lettering and graphics shall be debited against the total permitted combined sign area.
(e) 
The minimum height between the sidewalk or ground level and the bottom of the awning shall be 7 1/2 feet.
[Amended 4-7-2011 by L.L. No. 1-2011]
(f) 
Awnings may not be back lit.
(5) 
Commercial establishments limited to a second floor. Such businesses shall be entitled to one nameplate at the ground floor access, not exceeding two square feet in area and one of the following signs, the area of which shall be deducted from the total permitted combined sign area of the commercial structure on which it is located:
(a) 
Not more than one window sign in second floor; or
(b) 
One wall sign affixed to the second floor exterior of the building or structure which faces a public thoroughfare or public parking lot, nonilluminated and not exceeding an area of one foot times the width of the premises actually utilized by the business establishment on that floor.
[Amended 4-7-2011 by L.L. No. 1-2011]
(6) 
Commercial complex identification sign: a site having a group four or more commercial businesses, one ground sign shall be permitted which contains the name of the complex and/or the address only. The size and setbacks of said sign shall be the same as permitted for a ground sign in the B-2 and B-3.
[Added 4-7-2011 by L.L. No. 1-2011[1]]
[1]
Editor's Note: This local law also redesignated former Subsection C(6) through (9) as Subsection C(7) through (10), respectively; former Subsection C(10) through (12) as Subsection C(12) through (14), respectively; former Subsection C(13), (14), (15) and (16) as Subsection C(16), (17), (20) and (21), respectively.
(7) 
Construction sign: a temporary sign at a construction site on which construction is actually taking place identifying the contractor, subcontractor and/or architect with only name and phone number.
(a) 
When a construction site has a building permit displayed in full view, two construction signs shall be allowed. Such signs may only contain the name and telephone number of the contractors, subcontractors or architects.
(b) 
The sign area for each sign shall not exceed four square feet. The height of each sign shall not exceed four feet above finished grade or, if there is no finished grade, the sign shall be no higher than four feet above the grade of the street on which the property is located. The sign shall be placed parallel to the street and be set back at least 20 feet from the property line.
(c) 
No permit is needed for a construction sign. However, the Building Inspector shall have the right to remove any illegal construction sign with or without notice.
(d) 
Construction signs shall be removed within five days of the date of the following:
[1] 
Expiration of the building permit.
[2] 
The last day the contractor, subcontractor or architect completes the work for which the contractor, subcontractor or architect was employed.
[3] 
The certificate of occupancy/compliance has been issued.
(8) 
Directory sign: a sign containing the name of a business establishment located within a complex or group of commercial establishments, located in the B-1 Zoning District, which is obscured from the main thoroughfare or public parking lot, or the names of the residents of a condominium, cooperative, apartment house or two-family dwelling located in any zoning district.
[Amended 4-7-2011 by L.L. No. 1-2011]
(a) 
Where a business establishment within a complex or group of commercial establishments is obscured from ready exposure to a main thoroughfare or public parking lot, one directory ground sign or one directory wall sign may be permitted for such complex.
(b) 
Any business listed on a directory sign shall be entitled to two other signs.
(c) 
Directory ground sign. The maximum area shall be four square feet. The sign may be double-faced and only one side used to compute the sign area. If the distance between the faces at any point on the faces exceeds 12 inches, both faces shall be used to compute the area. The maximum height shall be no more than six feet measured vertically from the average finished grade at the base of the sign, not from any planter. The setback from a property line shall be at least five feet.
(d) 
Directory wall sign. The maximum area shall be two square feet, four square feet for two or more businesses.
(e) 
Directory signs are not be permitted in the B-2 and B-3 Zoning Districts; see "Commercial complex identification signs."[2]
[2]
Editor's Note: See Subsection C(6).
(9) 
Ground sign: a freestanding sign attached to a structure intended and designed to support the sign and which is embedded in the ground.
(a) 
Set back from building. A ground sign shall be permitted only if the building it serves to identify is set back more than 40 feet from the street line and if the sign is located at least 10 feet from the building and set back at least 10 feet from the property line.
[Amended 4-7-2011 by L.L. No. 1-2011]
(b) 
Size of lettering. Ground signs in the B-1 Zoning District shall not exceed 10 inches in height; in all other zoning districts 12 inches in height.
(c) 
Area. The maximum area shall not exceed 12 square feet in the B-1 Zoning District and 25 square feet in all other zoning districts. Any ground sign may be double-faced and only one face shall be used in computing sign area unless the distance between the faces, at any point on the faces, exceeds 12 inches, in which event both faces shall be used to determine the sign area.
[Amended 4-7-2011 by L.L. No. 1-2011]
(d) 
Height shall be measured vertically from the average finished grade at the base of the sign. Planters shall not be used to circumvent the intent of this section. The maximum height shall not exceed six feet. The height of signs placed on corner lots shall be regulated by § 197-48 of the Village Code.
(e) 
Only one ground sign shall be permitted per lot.
[Added 4-7-2011 by L.L. No. 1-2011]
(10) 
Hanging/blade sign: a sign projecting from a wall.
[Amended 4-7-2011 by L.L. No. 1-2011]
(a) 
One blade sign for each business may be permanently installed perpendicular to the facade below the second floor.
(b) 
Such hanging sign shall not project from the structure more than four feet, including the required structural support.
(c) 
The minimum height between the sidewalk or ground level and the bottom of the sign shall be 7 1/2 feet.
(d) 
Shall be located above or adjacent to the entrance of the business, but at no case shall it be located closer than four feet from the edge of the building or adjacent business. Any business using a hanging sign shall be entitled to only one additional sign.
(e) 
The maximum area shall not exceed two square feet.
(11) 
Historic marquee sign: an illuminated sign associated with a theater in existence since at least January 1, 1981.
[Added 4-7-2011 by L.L. No. 1-2011]
(12) 
Home occupation sign: a sign which identifies only the name and/or occupation or profession of one conducting a permitted home occupation or profession in a dwelling. Such sign shall not exceed one square foot in area and shall be set back according to either the ground sign or wall sign specifications.
[Amended 7-2-2001 by L.L. No. 11-2001]
(13) 
Information sign: a sign which contains information intended exclusively as a public service and of a noncommercial nature, such as the location of facilities designed for public convenience and accommodation, including but not limited to "rest room," "entrance," "exit," "open" or "closed." Such signs shall be one square foot or less in area and contain no commercial copy. No permit is required.
(14) 
Landmark sign: an older sign of artistic or historic merit, uniqueness or extraordinary significance to the Village as identified by the Board of Trustees.
(15) 
Master sign plan: a sign plan for a building with multiple tenants, or a group of buildings, to create a harmonious and aesthetically pleasing signage effect within a commercial building or buildings with multiple tenants, although it is not the intent that all signs have to be exactly the same.
[Added 4-7-2011 by L.L. No. 1-2011]
(16) 
Political sign: a sign designed to influence the action of voters for the election of a candidate to a public office or to express an opinion. Such sign shall be stationary, unlighted and temporary and may be displayed for a period of up to 60 days. Such sign may not exceed four square feet in area. A maximum of two signs per lot is allowed. Such signs may not be painted or affixed to any structure, light or utility pole, stone, tree or other natural object or on the face of another sign or traffic control sign.
(17) 
Real estate broker/agent or owner "For Sale" and "For Rent" signs: on-premises signs advertising the property being sold or rented.
(a) 
One "For Sale" or "For Rent" sign is permitted per lot or parcel of land facing a public street or right-of-way.
(b) 
The sign area shall not exceed 18 inches high by 18 inches wide with a white background and sign lettering professionally done in two-inch nonmetallic light blue block. Such signs shall contain the name of a real estate agency/brokerage or owner, the words "For Sale" and/or "For Rent" and any other information relevant to the purpose of the sign.
[Amended 6-4-2015 by L.L. No. 2-2015]
(c) 
The sign shall be either wholly supported by a single vertical black metal post, or of single post and arm construction, where the arm shall not exceed 19 inches in length and the post shall not exceed five feet in length, above natural grade. The signpost and arm shall only be black.
[Amended 4-7-2011 by L.L. No. 1-2011]
(d) 
The maximum sign height shall not exceed four feet above finished grade or four feet above the grade of the street on which the property is located. The sign shall be set on the subject property.
[Amended 4-7-2011 by L.L. No. 1-2011]
(e) 
If the "For Sale" and "For Rent" sign is placed on the property by the real estate broker/agent, a written sign consent permitting such sign executed by the property owner shall be filed with the Building Inspector prior to the placement of the sign on the property.
(f) 
The property owner may revoke the consent at any time by filing written revocation with the Building Inspector.
(g) 
If the "For Sale" and/or "For Rent" has been placed upon the property by the real estate agency/brokerage, the real estate agency/brokerage shall remove the sign within five days of the following:
[1] 
The termination date of the consent or the revocation date of the consent.
[2] 
The transfer of title to the property due to a sale.
[3] 
The execution of a rental lease.
[4] 
The removal of the property from the market for rental, sale, or both.
(h) 
If the "For Sale" and/or "For Rent" has been placed upon the property by the owner, the owner shall remove the sign within five days of the following:
[1] 
The transfer of title to the property due to a sale.
[2] 
The execution of a rental lease.
[3] 
The removal of the property from the market for rental, sale, or both.
(i) 
"Sold" or "In Contract" real estate signs are prohibited in all districts. No owner or real estate agency/brokerage "For Sale" or "For Rent" signs shall be placed on any part of a lot facing the water, golf course or public open space.
(18) 
Real estate broker/agent or owner "Open House" signs: off-premises signs advertising the property being sold or rented.
[Added 4-7-2011 by L.L. No. 1-2011]
(a) 
One "Open House" sign is permitted per lot or parcel of land facing a public street or right-of-way, and three additional "Open House" signs shall be permitted to be located with in the public right-of-way, a minimum of 10 feet from the edge of pavement, and be placed at any of the five closest intersections to the subject property.
(b) 
The sign area shall be 12 inches high by 18 inches wide with a white background and professionally done nonmetallic light blue sign lettering.
(c) 
The sign shall only place during the daylight hours during the day of the open house event.
(d) 
The maximum sign height shall not exceed four feet above natural grade. The sign shall be set on the subject property.
(19) 
Restaurant menu signs: One menu sign or menu holder on the exterior of the storefront associated with a restaurant as defined in Subsections A and C for said use in § 197-1 is permitted. Menu signs shall be located and oriented so as not to create a safety hazard to pedestrians or conflict with pedestrian circulation patterns. The size of the menu sign/holder shall be limited to the size of two pages of the menu utilized by the establishment, but in no case shall exceed two square feet. The menu sign shall be either mounted to the wall or set within the property boundary on a podium-style fixture having a maximum height of four feet, a maximum column width of six inches, and maximum reading surface of two square feet, in a design as approved by the ARB. Any illumination shall be from a shielded, low-intensity, white light source directed solely down onto such signs, and not to exceed 900 lumens.
[Added 4-7-2011 by L.L. No. 1-2011]
(20) 
Wall sign: a sign which is painted on, incorporated into or affixed parallel to the exterior surface of a building.
(a) 
Wall signs shall be set in at least one foot from each end of the front wall of the establishment and extend not more than six inches from the surface of that building.
(b) 
Size of lettering of wall signs in B-1 Zoning District shall not exceed 10 inches in height; in all other zoning districts the size of the lettering shall not exceed 12 inches in height.
(21) 
Window sign: any sign which is painted or mounted onto a window pane or which is hung within 12 inches of the window with the purpose or effect of identifying the premises from the sidewalk or street.
(a) 
Area: A window sign shall not exceed eight inches times the width of the window to which it is attached and shall not exceed more than 25% of the window area, or 10% of the glass area of any required exit door.
(b) 
Size of lettering height shall be no more than 10 inches high and must be painted on or attached directly and permanently.
(c) 
Nontemporary signs hung inside windows shall be made of clear materials, such as Plexiglas, with lettering painted on them.
(d) 
Window signs indicating hours of operation, business affiliations, emergency information and the like (excluding product or service information) are permitted, provided that the aggregate area of all such signs for a single business does not exceed one square foot per entrance and that bright or fluorescent colors not be used.
D. 
Prohibited signs defined. Any sign not specifically permitted is prohibited and shall be removed within the time specified by the Building Inspector. Prohibited signs shall include, but not be limited to:
(1) 
Illegal signs: signs which have been constructed, erected, installed, placed in use and/or maintained which do not conform to the provisions of this section.
(2) 
Any sign designated, constructed or located in such a manner so that it is not physically attached to a building or set into the ground in accordance with the Building Code[3] and/or is not in compliance with the provisions of this section.
[3]
Editor's Note: See Ch. 70, Building Construction and Fire Prevention.
(3) 
Any sign of a commercial nature located on a parcel of property used for residential purposes in any residential district, except a permitted home occupation sign.
(4) 
Revolving, moving, sound-producing or animated signs, including signs which have the capability of motion in whole or in part, including pinwheels, pennants, balloons and banners. Signs which display temperature and/or time exclusively are permitted.
(5) 
Signs utilizing reflective and/or fluorescent paint or reflective and/or fluorescent materials.
(6) 
The outlining by direct illumination, including neon lighting, of and affixed to all or any part of the exterior of a building or structure, including, but not limited to, a gable, roof, side, wall, window, corner or sign, or affixed to the interior part of a window, door, entrance or exit, except for any lighting typically representative of the festive atmosphere limited to a given holiday period, but under no circumstances more than 45 days during a calendar year.
(7) 
Signs placed so that they or any part of them project above the eave line of the pitched roof of any building, or the roofline on a gable end, or the top parapet line of the flat roof of any building.
(8) 
Any sign painted, erected, affixed or maintained on a light or utility pole, trash container, stone, tree or other natural object or on the face of another sign.
(9) 
Signs which cover architectural details, such as, but not limited to, arches, sills, moldings, cornices and transom windows.
(10) 
Signs made of paper, cardboard, cloth or similar temporary materials affixed to the glass of windows or doors, except for signs announcing a charitable or non-profit event.
(11) 
Billboards: signs which direct attention to a business, commercial activity, commodity, service or entertainment attraction offered elsewhere than upon the same lot where such signs are displayed or if such activity is only incidentally on such lot.
(12) 
Flashing signs: illuminated signs on which the artificial source of light is not maintained stationary or constant in intensity or color at all times.
(13) 
Illuminated signs on vending machines or equipment.
(14) 
Internally illuminated signs (not including back-lit signs): signs where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source.
[Amended 4-7-2011 by L.L. No. 1-2011]
(15) 
Mobile signs: signs that are capable of being moved by any means without any structural alterations, including signs on a vehicle or trailer if said vehicle or trailer is located in a stationary position on a lot for more than four days, and the vehicle or trailer is in open view of any road or public right-of-way located in any commercial district.
[Amended 4-7-2011 by L.L. No. 1-2011]
(16) 
Murals: abstract or pictorial representation, including, but not limited to, trompe l'oeil and fresco, that is displayed, painted on or affixed to a building, structure, wall or fence.
(17) 
Neon signs: signs consisting of tubular arrangement containing a rarefied gas which, when permeated by electric charge, causes the production of light. Exterior neon signs and interior neon signs containing any letter, work, model, banner, pennant insignia, device, trade flag or graphic representation which are affixed to a window, door, exterior wall or are located within five feet of a window, door, exterior wall or other opening to the exterior.
(18) 
Pylon or pole signs: signs attached to a single pole or pylon that is set into the ground.
(19) 
Sandwich signs: freestanding signs consisting of two signs attached to each other at the top.
(20) 
Triple-faced or triangular faced signs.
(21) 
Tubular signs: signs consisting all or in part of a tubular arrangement directly lit by lighting which is a structural part thereof.
(22) 
Temporary or permanent signs resting on, attached to or inside any vehicles, buildings, fences, telephone poles or any other structures or means of support or otherwise displayed in any manner designed to circumvent the restrictions in this article.
[Added 4-7-2011 by L.L. No. 1-2011]
E. 
General standards.
(1) 
Design guidelines.
[Amended 4-7-2011 by L.L. No. 1-2011]
(a) 
Color: Restraint should be exercised when selecting colors. Generally, no more than three colors should be used: one for background, a contrasting color for the lettering, and a third color perhaps for emphasis (such as for borders, motifs, or shading lettering to give it a three-dimensional look). In selecting the principal colors for a sign, colors which are in harmony with the general tone of the building should be chosen. The use of neon or day-glow-type colors are prohibited, and the use of colors that are muted (i.e., saturated with white and/or gray to soften the color) and earth tone (i.e., beige, tan, brown, gray, forest green or burgundy) with a matte finish are strongly encouraged.
(b) 
Message: Content should be limited to the name and type of business, street number or address, and telephone number.
(c) 
Scale: in scale with the building to which it relates and not covering any architectural details, such as arches, transom windows, moldings, columns, capitals, sills, cornices and the like.
(d) 
Materials: Sign materials should be consistent with and complement the original construction materials and architectural style of the building on which they are to be displayed. Signs should be made of wood, including materials which imitate the appearance of wood, or metal. Wood signs should be either handcarved, sandblasted, flat painted, or any combination thereof.
(e) 
Illumination: only external direct illumination from a shielded, low-intensity, white light source directed solely down onto such signs, not to exceed 900 lumens per fixture. When two or more light fixtures are used to illuminate a sign, spacing between such fixtures shall not be less than four feet.
(f) 
Lettering. Lettering styles should complement the style and period of the building on which they appear.
(2) 
Sign illumination. Illumination of signs shall be accomplished by either of the following means in such a manner that no glare shall extend beyond the property lines or disturb the vision of passing motorists or constitute a hazard to traffic:
[Amended 4-7-2011 by L.L. No. 1-2011]
(a) 
A shielded, direct, external, low-intensity light source.
(b) 
A back-lit sign consisting of an internally illuminated sign with opaque, reverse pan channel, halo-lit letters and elements with concealed light sources in which the light projects away from the viewer. Reverse pan channel letters are set away from the fascia with the lighting illuminating out the back of each letter rather than the front.
(3) 
Maintenance. All signs and the lots on which they are placed shall be maintained in such a manner that said signs are visually unobstructed and plainly legible. Illegible and/or improperly maintained signs, such as, but not limited to, signs that are unsound structurally, unsafe or hazardous to the public, shall be deemed abandoned, shall become prohibited and shall be removed, if necessary, by the Building Inspector and at the owner's expense.
(4) 
Nonconforming signs. A sign for which a permit was issued by the Village of Westhampton Beach prior to April 7, 2011, or a sign for which a permit has not been issued but which was constructed, installed and/or placed in use prior to March 11, 1977, and which does not conform to the provisions contained herein.
[Amended 4-7-2011 by L.L. No. 1-2011]
(a) 
Any modifications or alterations, not including routine maintenance, to any such lawfully preexisting nonconforming sign shall be subject to all the requirements of this article, including any change in the text or business name associated with said sign. Routine maintenance is defined as the cleaning, painting with no change in color, or repair of the subject sign in a manner that does not alter the basic copy, color, design, or structure associated with the subject sign.
(b) 
Preexisting internally illuminated signs, amortization. No internally illuminated sign, whenever erected, existing within the Village of Westhampton Beach prior to the effective date, shall continue to exist after September 7, 2011 (the "amortization date"), unless it is brought into compliance with the requirements of this article prior thereto; provided, however, that the owner of any sign in compliance with the Village of Westhampton Beach Code prior to the effective date shall have until January 1, 2016 (the "extended amortization date"), to remove any such sign if, prior to the amortization date, such owner submits an application to the Building Department requesting the extended amortization date, together with, for any such sign existing prior to March 11, 1977, a valid sign permit or a certificate of compliance or three affidavits evidencing such existence, all in accordance with procedures hereafter established by said Department. Any modifications or alterations to any such lawfully preexisting, nonconforming internally illuminated sign prior to the extended amortization date shall subject such sign to all the requirements of this article, except for signs that are subject to a previously approved master sign plan. Signs that are not lawfully preexisting (i.e., signs erected or changed without the benefit of a valid permit, Planning Board approval or a variance) are not entitled to the benefits of such extended amortization and must be brought into compliance with all the provisions of this article prior to the amortization date. No such lawfully preexisting, nonconforming internally illuminated sign may be reestablished after it has been abandoned or discontinued for a period of 90 days or more. Historic marquee signs shall be exempted from this provision of the code.
F. 
Administration.
(1) 
Sign permits.
(a) 
No sign shall be erected or displayed or any lawfully existing sign moved, altered, redesigned or enlarged until an application has been filed for each sign, an application fee paid to the Village Clerk for each sign and until a permit has been issued by the Building Inspector. Applications shall be on forms prescribed by the Building Inspector.
(b) 
Whenever a new building shall be erected or a new business shall be established in a location on which any sign theretofore has been placed, any sign permit previously issued for said sign shall be deemed revoked, and a new application for said sign shall be made to the Building Inspector.
(c) 
At a minimum, all applications shall include a plan, in duplicate, showing a scale drawing of proposed sign, specifying dimensions, materials, illumination if any, letter sizes, colors, support systems and location of the proposed sign on the building or land, along with photographs of the building and land. Upon approval, one copy will be returned to the applicant. If the applicant is not the owner of the property, there must be written authorization and plan approval by the owner.
(d) 
All signs require Architectural Review Board approval before a permit is issued, except for signs that comply with administrative sign standards contained in § 197-30F(2), as well as those signs that comply with a master sign plan previously approved by the ARB as provided below in Subsection F(1)(h) of this section, address signs, announcement signs or information signs and "For Sale" or "For Lease" and construction signs if they comply with the provisions hereof. Where there is an application for a sign in a complex of two or more businesses, the Architectural Review Board may request, within 30 days of the submission of the sign application, a master sign plan for the whole complex.
[Amended 7-2-2001 by L.L. No. 11-2001; 4-7-2011 by L.L. No. 1-2011]
(e) 
Real estate brokers shall apply yearly for a sign permit for all of said real estate brokers' signs which comply with the provisions of this section. The permit shall be effective from May 1 to April 30 of each year.
(f) 
Real estate "For Sale" or "For Lease" signs placed on the property by the owner shall require a permit and shall comply with all of the provisions of this section.
(g) 
Permits shall be issued only if the Building Inspector determines the sign complies or will comply with all applicable provisions of this section, including method of attachment and adequate materials, and there is Architectural Review Board approval, except as provided in Subsection F(1)(d) above in this section. For signs which are subject to an approved master sign plan, if the Building Inspector cannot find that said sign complies with the specific design standards of the master sign plan, then the sign application materials shall be referred to the ARB, to determine if the sign is consistent with intent of design concept contained in the master sign plan prior to granting approval.
[Amended 4-7-2011 by L.L. No. 1-2011]
(h) 
Master sign plan:
[Added 4-7-2011 by L.L. No. 1-2011]
[1] 
If a master sign plan is requested, in addition to the submission requirements contain in § 197-30F(1)(c), the following shall be required:
[a] 
A site plan of the proposed location, types, and sizes of each existing and proposed sign, as well as the location of the building, or buildings, parking lots, driveways, etc.
[b] 
Elevations of all existing and proposed buildings of the proposed location, types, and sizes of each existing and proposed sign.
[2] 
A comprehensive amendment to a master sign plan shall require the submission of a new master sign plan that conforms to all other requirements of this section. The new application will then be reviewed by the ARB.
[3] 
After approval of a master sign plan, no sign shall be erected, placed, or modified, except in conformance with such plan, or amended plan.
(2) 
Administrative sign permits. To encourage appropriate and compatible signage throughout the Village of Westhampton Beach, any sign meeting the provisions contained herein, applicable zoning requirements, as well as all of the following design criteria, in the opinion of the Building Department, shall receive a permit from said Department within 15 days of its receipt of a complete application seeking such expedited review:
[Added 4-7-2011 by L.L. No. 1-2011[4]]
(a) 
Color: maximum of three colors, one for background, a contrasting color for lettering, and a third color for borders, motifs, or letter shading to give the sign a three-dimensional look. Colors shall be muted and earth tone with a matte finish, as those terms are defined in § 197-30E(1)(a).
(b) 
Message: Content shall be limited to the name and type of business, street number or address, and telephone number.
(c) 
Scale: in scale with the building to which it relates and not covering any architectural details, such as arches, transom windows, moldings, columns, capitals, sills, cornices and the like.
(d) 
Materials: wood that is either handcarved, sandblasted, flat painted, or any combination thereof.
(e) 
Illumination: only external direct illumination from a shielded, low-intensity, white light source, not to exceed 60 watts per fixture. When two or more light fixtures are used to illuminate a sign, spacing between such fixtures shall not be less than four feet.
[4]
Editor's Note: This local law also redesignated former Subsection F(2) as Subsection F(3).
(3) 
Sign application fees. A schedule of fees for such permits may be established and amended from time to time by the Board of Trustees.
G. 
Enforcement.
(1) 
The Building Inspector or Code Enforcement Officer is hereby designated to enforce this section.
(2) 
Concurrent jurisdiction of Building Inspector. Any power or authority of the Building Inspector hereunder shall be also be subject to exercise by the Code Enforcement Officer; the approval of either shall be sufficient and the act of either shall be equivalent to the act of the other.
(3) 
Inspection. Every attached, ground, window or awning sign, upon installation, shall be subject to inspection by the Building Inspector.
(4) 
Signs located on public property or rights-of-way may be preemptorily removed by the Building Department, Highway Department or Police Department.
(5) 
Any sign which has been ordered removed by the Building Inspector or is abandoned or discontinued shall be removed by the person, firm or corporation responsible for the sign within 10 days of written notice to remove.
(6) 
Upon failure to comply with such notice, the Board of Trustees may cause such sign to be removed at the property owner's expense.
(7) 
Real estate "For Sale" or "For Rent" signs which do not have a permit or have not had a letter of owner authorization or if the permit or letter of authorization has been revoked or expired, "Sold" or "In Contract" real estate signs and illegal construction signs shall be removed by any Village Enforcement Officer immediately without notice.
(8) 
Any sign prohibited by Subsection D hereof or any temporary, announcement or political sign that is in violation of the provisions of this section and which are not permanently affixed to the ground, building or structure shall be removed by any Village Enforcement Officer immediately without notice.
H. 
Severability. If any section, subsection, phrase, sentence or other portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of remaining portions hereof.
I. 
Interpretation and application. In their interpretation and application, the provisions of this section shall be held to minimum requirements. It is not intended to interfere with or abrogate or annul any other Village regulations or ordinances. Whenever the requirements of this section are at variance with the requirements of any other lawfully adopted regulation, rule or ordinance, the most restrictive or those which impose the highest standards shall govern.

§ 197-31 Corner lots and through lots.

[Amended 3-10-2003 by L.L. No. 1-2003; 12-8-2003 by L.L. No. 13-2003]
For the purpose of the width and front yard requirements hereof, the owner of a corner lot shall have the privilege of electing any street lot line as the front line and the lot line opposite the lot front elected as the front lot line shall be the rear lot. After the front lot line has been elected it cannot thereafter be changed. A lot having frontage on more than one street, including corner lots, shall have two front yards.

§ 197-32 Front yards.

A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, regarding new buildings having front yard depth equal to the average depth of front yards of adjacent dwellings, was repealed 1-12-2004 by L.L. No. 2-2004.
B. 
Except in Residential District 3, no front yard shall be used for recreational facilities, such as swimming pools or tennis courts. Any variance of the terms of this subsection shall be the minimum sufficient to effect substantial justice.
[Added 3-11-1977 by L.L. No. 1-1977]
C. 
Off-street parking shall not be permitted in a required front yard in any residential district, except on necessary access driveways and in the Multifamily Residential District where required off-street parking may be located in a required front yard, provided that it covers not more than 65% of the required front yard area, of which said 65%, 15% shall be devoted to landscaped areas within the parking facility, and further provided that the parked vehicles shall be screened from view along the street and from neighboring properties.
[Added 6-8-1984 by L.L. No. 7-1984]

§ 197-33 Camping grounds.

A camping ground shall not be permitted in any district. A house trailer may be permitted only as hereinabove provided.

§ 197-34 Floor area.

A. 
In all residential districts, no building or structure shall hereafter be erected or altered for a one-family dwelling unless provisions shall be made therein for not less than a certain minimum ground floor area, exclusive of attached garages, carports, open porches and breezeways, in accordance with the following schedule:
[Amended 1-10-1969; 8-9-1974]
(1) 
Residential District 1:
(a) 
One thousand six hundred square feet in the case of a one-story dwelling.
(b) 
One thousand two hundred feet in the case of a two-story dwelling.
(2) 
Residential District 2:
(a) 
One thousand square feet in the case of a one-story dwelling.
(b) 
Eight hundred square feet in the case of a two story dwelling.
(3) 
Residential District 3:
(a) 
One thousand square feet in the case of a one-story dwelling.
(b) 
Eight hundred square feet in the case of a two story dwelling.
(4) 
Residential District 4:
(a) 
Eight hundred square feet in the case of a one-story dwelling.
(b) 
Six hundred fifty square feet in the case of a two-story dwelling.
(5) 
Pond Point Residential District 5. No one-family dwelling shall have a habitable floor area greater than 20% of the lot area on which it is located or 2,500 square feet, whichever is the lesser area, nor shall any such one-family dwelling have a habitable floor area of less than 800 square feet.
[Added 11-11-1983 by L.L. No. 12-1983]
B. 
Where two-family dwellings are a permitted use, no building or structure shall hereafter be erected or altered for such use unless provision shall be made therein for not less than 1,500 square feet for the minimum ground floor area, exclusive of garages, carports, open porches and open breezeways; provided, however, that a maximum of 750 square feet of the floor area of a second story may be used and applied to the area requirement of the ground floor. To qualify as floor area for the purpose of this subsection, the second floor shall have rough flooring installed, shall have or permit of a finished ceiling height of at least seven feet and shall have walls or knee walls of not less than four feet in height between which the floor area shall be computed and provided, further, that such floor area shall have access from the ground floor by a permanent built-in stairway, and there shall be at least one window in each gable end.
C. 
As used in this section, the following terms shall have the meanings indicated:
[Amended 5-14-1982 by L.L. No. 9-1982]
GROUND FLOOR
The area within the exterior walls, if constructed on one level or, if constructed on more than one level, the aggregate of the areas within the exterior of the walls of the combined levels, except that the area within an attic or basement shall not be included in such term.
D. 
No multiple dwelling or dwelling unit excluding one- or two-family detached dwellings shall hereafter be constructed, erected, extended or enlarged nor shall any building or structure hereinafter be converted to a multiple dwelling unless provision shall be made therein for not less than 600 square feet of gross floor area for each dwelling unit, except that any such dwelling unit in the Residential District 3 shall have not less than 1,000 square feet of gross floor area. No hotel shall hereafter be constructed or erected or any building or structure altered or extended for such use where permitted unless provision shall be made therein for not less than 200 square feet of gross floor area for each guest unit. Such gross floor area shall be computed by measurements made between the interior walls of each dwelling unit or guest unit, excluding attic or basement areas.
[Amended 5-14-1982 by L.L. No. 9-1982; 4-3-2008 by L.L. No. 5-2008]
E. 
No building or structure located in Business District 1 or 2 or the Multifamily Residential District shall hereinafter be constructed, erected, extended or enlarged for nonresidential occupancy unless provision shall have been made for at least 650 square feet of minimum floor area for retail uses, provided that, in a building or structure with multiple occupancies, the average of their floor areas shall be at least 650 square feet. For all other occupancies, the minimum floor area shall be at least 250 square feet.
[Added 5-14-1982 by L.L. No. 9-1982]
F. 
In applying the provisions of Subsection E above, each enterprise using a lot, land, building or buildings shall be considered a separate use. By way of illustration and not limitation, each tenant using a lot, land, building or buildings shall be considered a separate use.
[Added 6-10-1983 by L.L. No. 7-1983]
G. 
The maximum floor area for all one-family dwellings in any zoning district shall not exceed the minimum lot area for the zoning district wherein the dwelling is located multiplied by 15% and multiplied by 2. If the lot area is less than the minimum lot for the zoning district, then the actual lot area shall be used to determine the maximum floor area.
[Added 2-14-2000 by L.L. No. 5-2000; amended 12-1-2005 by L.L. No. 10-2005]

§ 197-35 Location and height of accessory buildings and structures.

[Added 5-13-1966; amended 6-10-1988 by L.L. No. 16-1988; 5-11-1990 by Ord. No. 11-1990; 2-14-2000 by L.L. No. 5-2000; 5-8-2000 by L.L. No. 7-2000]
A. 
In all zoning districts except the Residential District 3, accessory buildings, structures, tennis courts and swimming pools shall be located only in the rear yard.
B. 
Resident District 3.
(1) 
In the Residence District 3, accessory buildings, structures tennis courts and swimming pools shall be permitted in both the front yard and rear yard on lots lying on the south side of Dune Road.
(2) 
On lots lying on the north side of Dune Road, accessory buildings and structures shall only be permitted in the rear yard, except that tennis courts and swimming pools with an attached deck and cabana shall be permitted in the both the front yard and rear yard.
(3) 
The placement of tennis courts and swimming pools in the front yard is subject to review by the Architectural Review Board as to landscaping and a determination by said Board that the use will not create a danger to the public health and safety.
C. 
Accessory buildings, structures, tennis courts and swimming pools cannot be located closer than 20 feet to any lot or boundary line in all zoning districts except in Residential District 4 where the minimum distance shall be 15 feet, and on lots lying on the south side of Dune Road in the Residence 3 District, the distance shall be 75 feet from the crest of the dune and 20 feet from a side or front boundary line.
[Amended 5-8-2000 by L.L. No. 9-2000; 7-5-2016 by L.L. No. 3-2016]
(1) 
Notwithstanding the aforementioned, a residential storage shed, as defined by § 197-1 of the Village Code, may have a setback of 10 feet from the rear and side lot line of the rear yard, except for on the south side of Dune Road, where all structures shall be set back a minimum of 75 feet from the crest of the dune. This relief shall be granted for one residential storage shed per lot.
(2) 
A residential storage shed, as defined in the Village Code, § 197-1, shall not require a building permit but shall require an owner's affidavit attesting to compliance with the current Village Zoning Code regulations.
D. 
Walkways over dunes and wetlands.
[Added 1-8-2001 by L.L. No. 1-2001]
(1) 
All walkways located on the south side of Dune Road which are used for access to the Atlantic Ocean shall not exceed a height of 18 inches above grade, except that any walkway over the first rank or southerly dune shall have a height of 3.5 feet above grade, if required by the New York State Department of Environmental Conservation.
(2) 
All walkways over areas designated as wetlands shall have a maximum length of 50 feet.
E. 
Decks and patios; unroofed entrance platform and stairs.
[Added 3-10-2003 by L.L. No. 1-2003; 12-8-2003 by L.L. No. 13-2003]
(1) 
Decks and patios elevated one foot or less above grade may encroach up to 10 feet into any required yard.
(2) 
An unroofed entrance platform and stairs required by the Building Code for entrance or exit at a door may encroach up to four feet into any required yard.
F. 
Accessory buildings in all districts other than B-1, B-2 and B-3 shall not exceed one story and a height of 16 feet. Buildings that are accessory to a one-family residence in any zoning district shall not exceed one story and a height of 16 feet. A detached garage that is accessory to a single-family dwelling having a height of 20 feet or less may have a second story that can be used for permitted accessory uses.
[Added 12-1-2005 by L.L. No. 10-2005]

§ 197-36 Roof overhangs.

[Added 1-10-1969]
A roof overhang not exceeding 12 inches shall not be considered in computing compliance with yard requirements.

§ 197-37 Building heights on dunes.

[Added 5-13-1966]
Where the provisions of this chapter with respect to building heights are inconsistent with those of Chapter 91, Flood Damage Prevention, of the Code of the Village of Westhampton Beach, the provisions of the latter shall control.

§ 197-38 Farms.

[Added 5-13-1966; amended 4-8-1988 by L.L. No. 9-1988]
A "farm" is a greenhouse or any parcel of land which is used for gain in the raising of agricultural products and shall be permitted use in all districts. A farm shall not include the raising of poultry, ducks, pigs, goats, livestock or other animals, nor shall it include the keeping of poultry, ducks, pigs, goats, livestock or equine animals.

§ 197-39 Trailers in business districts.

[Added 6-13-1980 by L.L. No. 8-1980; amended 4-8-1988 by L.L. No. 9-1988]
A. 
No trailer, whether open or enclosed, may be parked or otherwise maintained on any parcel of land in Business District 1 or Business District 2 for any purpose whatsoever, unless the owner or occupant of said premises shall first have secured permission for the maintenance of the same from the Board of Trustees pursuant to the provisions of Article VIII of this chapter.
B. 
The provisions of this section shall not apply to the temporary presence of trailers for the purpose of loading or unloading materials used in connection with the business use maintained on the premises.
C. 
As used in this section, the following terms shall have the meanings indicated:
TEMPORARY
A consecutive period of time not to exceed 48 hours.
D. 
Any use prohibited by this section which was lawfully in existence prior to the effective date hereof shall be given a period of one year from said effective date to amortize and discontinue the use.

§ 197-40 Condominium and cooperative uses.

[Added 5-14-1982 by L.L. No. 9-1982]
A. 
Any nonconforming boardinghouse, hotel or motel in existence on January 1, 1964, may be converted to a residential condominium or cooperative, on approval of a special exception permit by the Village Board of Trustees, provided that the permit be limited to no more than the lot or lots of land on which the use or uses were located on January 1, 1964.
B. 
Any apartment house or multiple dwelling in existence as of the effective date hereof may be converted to a residential condominium or cooperative on approval of a special exception permit by the Village Board of Trustees; provided, however, that no special exception permit shall be required from the Village Board of Trustees when such conversion only changes the form of ownership of the subject premises without either an accompanying change in the use of the premises or an alteration of the building, buildings or land which said use is occupying.
[Amended 8-8-1997 by L.L. No. 8-1997]
C. 
Any lot or parcel of land used for any permitted business use or uses or any lot or parcel of land used partially for business and partially for residential use or uses as of the effective date hereof may be converted to a condominium or cooperative on approval of a special exception permit by the Village Board of Trustees.
D. 
Any new construction or conversion of existing structures or buildings to a permitted multiple dwelling must, prior to the issuance of a building permit, obtain approval of a special exception permit by the Village Board of Trustees.
E. 
Any new construction of any permitted use which is to be a condominium or cooperative must, prior to the issuance of a building permit, obtain approval of the special exception permit by the Village Board of Trustees.
F. 
Time-sharing shall be prohibited in all zoning districts.

§ 197-40.1 One- or two-bedroom dwelling units above stores in business districts.

[Added 9-14-1990 by L.L. No. 18-1990; amended 5-9-2005 by L.L. No. 3-2005]
As an accessory use by special exception permit of the Board of Trustees of the Village of Westhampton Beach, the second story of a building in which a business is located may contain dwelling units, provided that:
A. 
These dwelling units are located in Business District 1 or 2.
B. 
No dwelling unit shall have more than two bedrooms.
C. 
No dwelling unit shall exceed 850 square feet in habitable area.
D. 
Each dwelling unit has direct means of access so that no access is provided through the use located on the first floor of the building.
E. 
Each dwelling unit must meet all the requirements of the New York State Uniform Fire Prevention and Building Code.
F. 
The residential use shall be compatible with the business use within the building.
G. 
The number of dwelling units above stores shall not exceed two on any parcel of property irrespective of the number of buildings on the parcel of property.
H. 
A park fee shall not be levied if only one dwelling unit is approved for a building. If more than one dwelling unit is approved for a building or, if the property contains more than one building, if more than one dwelling unit is approved for the property, then a park fee shall be levied. Subsequent to the date of this amendment, the determination as to whether a park fee shall be levied shall be based upon the cumulative number of dwelling units approved for a building or property.

§ 197-41 Tents.

[Added 2-12-1982 by L.L. No. 2-1982]
A. 
No tents or other structures of a permanent nature which are enclosed either partially or completely by canvas or fabric-type material shall be constructed, installed, used, maintained or permitted in any zoning district, except that awnings shall be permitted.
[Amended 3-12-1982 by L.L. No. 4-1982]
B. 
The provisions of this section shall not apply to any parcel of property which is used as a one- or two-family residential dwelling.
C. 
A standard restaurant with approved or preexisting outdoor dining shall be entitled to erect a canvas or fabric covering over the outdoor seating area. Said covering may only be erected and used during the period of May 15 to September 15 of each year.
[Added 2-14-2000 by L.L. No. 5-2000]

§ 197-42 Arcade games.

[Added 2-12-1982 by L.L. No. 2-1982]
No more than two video, pinball, arcade or other similar type games shall be permitted to be operated on any business premises in any zoning district.

§ 197-42.1 Wireless telecommunications towers and facilities.

[Added 9-10-2000 by L.L. No. 14-2000; amended 4-7-2011 by L.L. No. 2-2011]
A. 
Purpose and intent.
(1) 
On February 8, 1996, the United States Congress enacted the Telecommunications Act of 1996 (hereinafter referred to as the "Act"). The purpose of the Act is to provide a more competitive environment for wired and wireless communication services in the United States by deregulating the telecommunications industry. The Act preserves the authority of local government to regulate the placement, construction and modification of personal wireless telecommunication antennas, support structures and accessory structures in order to protect the health, safety and welfare of the public.
(2) 
The purpose of this section is to establish predictable and balanced regulations for the siting and screening of wireless telecommunications facilities. The establishment of such regulations is to accommodate the deployment of such systems within the Incorporated Village of Westhampton Beach (hereinafter referred to as the "Village") to ensure reliable access to wireless telecommunications networks and state of the art communications services while also ensuring that this objective is achieved in a fashion that preserves the intrinsic aesthetic character of the community and is accomplished according to Village zoning, planning, and design standards. Additionally, the regulations will eliminate potential damage to adjacent properties from antenna support structure failure through structural standards and setback requirements.
(3) 
This section is intended to regulate the placement, construction and modification of wireless telecommunications facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the Village. Specifically, this section is intended to:
(a) 
Regulate the location of the telecommunications facilities and antenna support structures in the Village.
(b) 
Minimize adverse visual impacts of wireless telecommunications facilities and to protect the natural features, aesthetics and residential character of the Village through careful design, siting, landscaping and innovative camouflaging or stealth techniques.
(c) 
Promote and encourage utilization of technological designs [e.g., distributed antenna system ("DAS") or other similar systems] that will either eliminate or reduce the need for erection of new tower and monopole structures to support antenna and telecommunications facilities.
(d) 
Avoid potential damage to property caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified and maintained and removed when no longer used or determined to be structurally unsound.
(e) 
Ensure that towers and telecommunications facilities are compatible with surrounding land uses.
(f) 
Encourage the use of existing structures, including, but not limited to, rooftops, utility poles, steeples, flagpoles or other unobtrusive support structures that are suitable for deploying wireless communications facilities which may involve having more facilities that are less visually obtrusive to meet capacity objectives.
(g) 
Encourage the use of Village property, public and quasi-public spaces for wireless deployment, provided any such installation is visually compatible with the objectives of this section;
(h) 
Expedite the review process for those applications choosing the least intrusive alternative for deploying wireless communications facilities.
B. 
Definitions. The following words, terms and phrases, when used in this section, shall have the meaning ascribed to them in this subsection, except where the context clearly indicates a different meaning:
ANTENNA
Any structure or device used to collect or radiate electromagnetic waves for the provision of services including, but not limited to, cellular, paging, personal communications services (PCS) and microwave communications. Such structures and devices include, but are not limited to, directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas, such as whips. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.
ANTENNA SUPPORT STRUCTURE
Any building or structure which can be used for location of telecommunications facilities, including, but not limited to, monopoles, towers, and structures to which an antenna may be attached, such as clock towers, bell towers, church steeples, water towers, light poles, utility structures, elevated roadways, bridges, flagpoles, windmills, barns, and other similar freestanding structures as approved by the Planning Board.
APPLICANT
Any person or entity with an application before the Village for a permit for any wireless telecommunications facility.
APPLICATION
The process by which the owner of a parcel of land within the Village submits a request to develop, construct, build, modify, place or erect a wireless telecommunications facility upon such parcel of land. "Application" includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the Village concerning such a request.
BASE EQUIPMENT
Ground-mounted equipment integral to the operation of an antenna system. Base equipment typically includes, but is not limited to, communications equipment cabinet/shelter, backup power supplies, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting. Base equipment located in a discrete area may be referred to as a "base station."
CO-LOCATION
The act of siting antennas on an existing structure without the need to construct a new support structure and without any increase in the height, shape or size of the existing structure.
DISTRIBUTED ANTENNA SYSTEMS ("DAS")
A network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure.
ENGINEER
Any engineer licensed by the State of New York.
EQUIPMENT CABINET/EQUIPMENT SHELTER
Accessory buildings and structures associated with a tower, including base stations designed and used to shelter equipment and/or to support wireless communication services. The term "accessory structures" does not include offices, long-term storage of vehicles or other equipment storage or broadcast studios.
EXISTING STRUCTURE
Previously erected support structure or any other structure, including but not limited to buildings and water tanks, to which telecommunications facilities can be attached. (See "antenna support structure.")
FAA
The Federal Aviation Administration.
FALL ZONE
The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material, including the transmission support structure.
FCC
The Federal Communications Commission.
HEIGHT
The vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.
MODIFICATION
The addition, removal, or change of any of the physical and visually discernable components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernable components, vehicular access, parking and/or an upgrade or replacement of the equipment for better or more modern equipment. Adding a new wireless carrier or service provider to a wireless communications tower or site is a modification. A modification shall not include ordinary maintenance, as defined herein. Modifications shall be classified as major or minor.
(1) 
Improvements to existing wireless telecommunications facility or support structure that result in a substantial change to the facility or structure. Co-location of new wireless telecommunications facilities to an existing transmission support structure without replacement of the structure shall not constitute a major modification. Major modifications include, but are not limited to, extending the height of the transmission support structure by more than 10 feet above its current height and/or the replacement of the structure. Major modification also includes the expansion of the base equipment or compound area for additional accessory equipment.
(2) 
Improvements to existing wireless telecommunications facility or transmission support structure that result in a material change to the facility or structure, but of a level, quality or intensity that is less than a substantial change. Such minor modifications include, but are not limited to, replacement of antennas and accessory equipment on a like-for-like basis within an existing wireless telecommunications facility and relocating the antennas of approved wireless telecommunications facilities to different height levels on an existing transmission support structure upon which they are currently located. Mounting additional antennas on an existing support structure is not considered a minor modification.
MONOPOLE
A single, freestanding pole-type structure supporting one or more antennas. For purposes of this section, a monopole is considered a type of tower.
NIER
Nonionizing electromagnetic radiation.
ORDINARY MAINTENANCE
Ensuring that a wireless telecommunications facility and transmission support structure are kept in good operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, aesthetic and structural integrity. Ordinary maintenance involves the normal repair of a wireless facility without adding, removing, or changing anything and therefore does not include minor and major modifications.
OWNER
Any person with fee title or long-term (exceeding 10 years) leasehold to any parcel of land within the Village who desires to develop, or construct, build, modify, place, or erect a wireless telecommunications facility upon such parcel of land.
PERSON
Any natural person, firm, partnership, association, corporation, company or other legal entity, private or public, whether for profit or not for profit.
PERSONAL WIRELESS SERVICES
Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as defined and as may be amended by Section 704 of the Federal Telecommunications Act.
PROVIDER
Any carrier or provider of wireless services.
PUBLIC OR MUNICIPAL USE
Any buildings, structures or land owned, operated and maintained by the Village of Westhampton Beach, including but not restricted to fire stations, police stations, recreation sites and facilities and school district.
RADIO FREQUENCY (RF) ENGINEER
Someone with a background in electrical engineering or microwave engineering who specializes in the study of radio frequencies and is licensed in the State of New York.
RECOGNIZED HISTORICAL AREAS
Districts, locations, or sites identified as having historic or architectural significance or through an ordinance, guideline, map, listing, cultural assessment, designation or potential designation by a local, state or federal government.
STEALTH
Any tower or telecommunications facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements and towers designed to look other than like a tower, such as light poles, power poles and trees.
TOWER
A freestanding lattice or monopole type structure that supports one or more antennas, also referred to as a "communications tower." The term "tower" shall not include amateur radio operators' equipment, as licensed by the FCC.
VIEWSHED
An area which exhibits outstanding or unique arrangements of natural or man-made features, including water or water-related features, streetscape, land forms or vegetative patterns that provide inspiration, hold interest and command the attention of the viewing public. Visual resources can be of local, statewide or national importance and are often a function of two perspectives: the view of a given location and the view from a given location.
WIRELESS TELECOMMUNICATIONS FACILITY(IES)
Any unmanned facility established for the purpose of providing wireless transmission of voice, data, images or other information including, but not limited to, cellular telephone service, personal communications service (PCS), and paging service. A telecommunication facility can consist of one or more antennas attached to a support structure and accessory equipment in one or more base station(s).
C. 
Procedure
(1) 
No antenna or wireless telecommunications facility shall hereafter be used, erected, changed or altered except after obtaining a special exception permit in conformity with this section and as follows:
(a) 
Wireless telecommunications facilities which have already received a special exception permit and site plan approval may make minor modifications as defined herein. All minor modifications shall require a building permit with records submitted as to what the minor modification entailed.
(b) 
Wireless telecommunications facilities which have already received a special exception permit shall apply for site plan approval for all major modifications as defined herein. The Planning Board may require an applicant to go back before the Board of Trustees if it is determined that the nature of the modification will substantially change the special exception approval.
(c) 
In order to encourage location of telecommunications facilities on public property, applications on Village-owned lands shall only be subject to the site plan approval process by the Planning Board. In this instance, as part of the site plan review the Planning Board shall consider the special exception permit standards.
(2) 
The Board of Trustees is hereby authorized to review and approve, approve with modifications or disapprove special exception permits pursuant to this section. The Board of Trustees shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed antenna, tower, monopole or accessory structures proposed in connection with the deployment of a wireless telecommunications facility.
(3) 
An applicant shall file application for a special exception permit for a wireless telecommunications facility with the Village Clerk and shall simultaneously file an application for site plan approval with the Planning Board.
(4) 
An application to the Board of Trustees for a special exception permit shall not be considered complete until a copy of the Planning Board's site plan determination has been filed with the Village Clerk.
(5) 
All new tower applications shall be considered Type I Actions pursuant to 6 NYCRR Part 617 (SEQRA). The Planning Board shall be considered lead agency for the purpose of SEQRA review.
(6) 
The applicant shall pay a special exception filing fee as established by the Board of Trustees upon any application or renewal of an application and shall also pay the filing fee for the site plan application. In addition, the applicant shall also be responsible for the payment of any and all professional fees incurred by the Village in the review of the application.
(7) 
In addition to the above, the provisions of Article VIII shall be applicable to any application or renewal of any application for a special exception permit.
(8) 
Franchises. Owners and/or operators of transmission support structures or antennas shall certify that any franchises required by law for the construction and/or operation of the wireless communications system in the Village of Westhampton Beach have been obtained and shall file a copy of all required franchises with the Village Clerk.
(9) 
In the event that a building permit is required for any emergency maintenance, reconstruction, repair, replacement, or installation of additional antennas, filing of the building permit application shall not be required until 30 days after the completion of such emergency activities. In the event a building permit is required for nonemergency maintenance, reconstruction, repair, replacement, or installation of additional antennas, filing of the building permit application shall be required prior to the commencement of such nonemergency activities.
(10) 
Prior to the submission of a special permit and site plan application for a monopole, tower or other support structure intended for the purpose of deploying wireless telecommunications, the applicant or his agent shall meet with the Planning Board through a pre-submission conference. The purpose of such a conference shall be to discuss the proposed development in order for the Planning Board to determine conformity with the provisions and intent of this section.
(a) 
Pre-submission conference. An applicant shall submit a sketch plan for the proposed wireless facility on a parcel or structure to include its intended location and the location and extent of equipment planned within the base station, information related to the proposed height and number of antenna arrays, an environmental assessment form (EAF) and a visual addendum. Based on the information provided, including the visual addendum, the Planning Board may require submission of a more detailed visual analysis as part of the review, as provided in Subsection D(5)(k) herein. The scope of the required environmental and visual assessment and alternatives will be reviewed at the preapplication meeting.
(b) 
The applicant or his agent shall submit at least two additional alternatives which differ from the preferred request, which propose changes based on the following criteria:
[1] 
Height; e.g., lower and less visually obtrusive.
[2] 
Number; e.g., less antennas or more than one support structure.
[3] 
Location; e.g., on the proposed site or an alternative site, which may include Village-owned property or other public infrastructure.
[4] 
Siting; e.g., on a building instead of a monopole, a different location on a given parcel, etc.
[5] 
Design; to include an alternative that will comply with the requirement for camouflage or stealth design.
D. 
Development of towers. No person shall build, erect, modify or construct a tower upon any parcel of land within the Village unless site plan approval has been obtained from the Planning Board and a special use permit shall have been issued by the Board of Trustees.
(1) 
Any tower or monopole shall be located only in the B-2 and B-3 Business Districts and the Industrial Districts.
(2) 
Towers and monopoles or similar freestanding support structures shall not exceed the following:
(a) 
The height of the new monopole, tower or similar freestanding support structure, including the antennas, shall not project higher than 15 feet above the average existing tree canopy height measured from ground level (AGL), in any case not to exceed 80 feet.
(b) 
If there is no surrounding vegetation, the height of the monopole, tower or similar freestanding support structure, including the antennas, shall not project higher than 15 feet above the average existing/proposed building height measured from ground level (AGL) within 660 feet of the proposed facility; in any case not to exceed 50 feet.
(3) 
All towers shall be camouflaged to the maximum extent practicable.
(4) 
No new tower or monopole shall be built, constructed or erected in the Village unless the tower is capable of co-location as required in Subsection E of this section.
(5) 
An application to develop a wireless telecommunication facility shall include:
(a) 
The name, address and telephone number of the owner and lessee of the parcel of land upon which the tower is to be situated. If the applicant is not the owner of the parcel of land upon which the tower is to be situated, the written consent of the owner shall be evidenced in the application.
(b) 
The legal description and address of the parcel of land upon which the tower is to be situated.
(c) 
The names, addresses and telephone numbers of all owners of other towers or usable antenna support structures within a one-half-mile radius of the proposed new tower site, including Village-owned property.
(d) 
A description of the design plan proposed by the applicant in the Village. The applicant must identify its utilization of the most recent technological design, including microcell design, as part of the design plan. The applicant must demonstrate the need for towers and why design alternatives, such as the use of microcell or picocell, cannot be utilized to accomplish the provision of the applicant's telecommunications services, especially as related to the objective of increasing capacity. Costs of alternative technology that exceed new transmission support structure or antenna development shall not be presumed to render the technology unsuitable.
(e) 
An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to obtain permission to install or co-locate the applicant's telecommunications facilities on Village-owned towers or usable antenna support structures located within a one-half-mile radius of the proposed tower site.
(f) 
An affidavit attesting to the fact that the applicant made diligent, but unsuccessful, efforts to install or co-locate the applicant's telecommunications facilities on towers or usable antenna support structures owned by other persons located within a one-mile radius of the proposed tower site.
(g) 
Written technical evidence from an engineer that the proposed tower or telecommunications facilities cannot be installed or co-located on another person's tower or usable antenna support structures owned by other persons located within a one-mile radius of the proposed tower site.
(h) 
A written statement from the RF engineer that the construction and placement of the tower will not interfere with public safety communications and the usual and customary transmission or reception of radio, television or other communications services enjoyed by adjacent residential and nonresidential properties.
(i) 
Written, technical evidence from an engineer that the proposed structure conforms to the requirements of the Village Code and meets any other standards set forth in this section.
(j) 
Written, technical evidence from a qualified engineer acceptable to the Fire Marshal and the Building Inspector that the proposed site of the tower or telecommunications facilities does not pose a risk of explosion, fire or other danger to life or property due to its proximity to volatile, flammable, explosive or hazardous materials such as LP gas, propane, gasoline, natural gas or corrosive or other dangerous chemicals.
(k) 
In order to assist Village staff and the Board of Trustees in evaluating visual impact, the applicant shall submit color photo simulations showing the proposed site of the wireless telecommunication facility with a photo-realistic representation of the proposed tower, monopole or other support structure as it would appear viewed from the closest residential property and from adjacent roadways or viewsheds identified as important to the community.
(l) 
The Act gives the FCC sole jurisdiction of the field of regulation of RF emissions and does not allow the Village to condition or deny, on the basis of RF impacts, the approval of any telecommunications facilities (whether mounted on towers or antenna support structures) which meet FCC standards. Antennas and towers shall be subject to state and federal regulations pertaining to nonionizing radiation and other health hazards related to such facilities. In order to provide information to its citizens, the applicant shall make available, upon request, copies of ongoing FCC information and RF emission standards for telecommunications facilities transmitting from towers or antenna support structures. Applicants shall be required to submit information on the proposed power density of their proposed telecommunications facilities and demonstrate how this meets FCC standards. Applicants shall submit evidence of compliance with FCC standards on a yearly basis to the Village. If new, more restrictive standards are adopted, the antennas shall be made to comply or continued operations may be restricted by the Board of Trustees. The cost of verification of compliance shall be borne by the owner and operator of the tower.
(6) 
The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables, beams or other means. The design should utilize an open framework or monopole configuration, where appropriate. Permanent platforms or structures exclusive of antennas that serve to increase off-site visibility are prohibited.
(7) 
The base of the tower shall occupy not more than 500 square feet and the top of the tower shall be no longer than the base.
(8) 
The Board of Trustees or the Planning Board may require an applicant to supplement any information that the Board of Trustees considers inadequate or that the applicant has failed to supply. The Board of Trustees may deny an application on the basis that the applicant has not satisfactorily supplied the information required in this subsection.
E. 
Co-location requirements. All towers erected or located within the Village shall comply with the following:
(1) 
A proposal for a monopole, tower or other similar freestanding support structure shall not be approved unless the Board of Trustees finds that the antenna(s) planned for the proposed tower cannot be accommodated on an existing or approved tower, structure, or building within a one-mile search radius of the proposed tower due to one or more of the following reasons:
(a) 
The antenna would exceed the structural capacity of the existing or approved monopole, tower, building or other support structure, as documented by a qualified professional engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate the planned or equivalent antenna at a reasonable cost.
(b) 
The antenna would cause interference materially impacting the usability of other existing or planned antennas at the monopole, tower, building or other support structure as documented by a qualified professional RF engineer and the interference cannot be prevented at reasonable cost.
(c) 
Existing or approved monopoles, towers, buildings or other support structures within the search radius cannot accommodate the antenna at a height necessary to function reasonably as documented by a qualified professional RF engineer.
(d) 
Other foreseen reasons that make it infeasible to locate the antenna upon an existing or approved monopole, tower, building or other support structure.
(2) 
Any proposed monopole, tower or other similar freestanding support structure greater than 60 feet in height shall be designed, structurally, electrically and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users of the tower. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
(3) 
The applicant shall submit to the Board of Trustees a letter of intent committing the applicant, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other personal wireless service providers in the future. The issuance of a special use permit (assuming the tower is approved according to this section) shall commit the new tower owner and his/her successors in interest to:
(a) 
Respond in a timely, comprehensive manner to a request for information from a potential shared-use applicant.
(b) 
Negotiate in good faith concerning future requests for shared use of the new, by other wireless telecommunication service providers.
(c) 
Allow shared use of the new tower if another personal wireless service provider agrees in writing to pay charges.
(d) 
Make no more than a reasonable charge for shared use, based on generally accepted accounting principles. The charge may include, but is not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
(4) 
In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing tower in a neighboring municipality be considered for shared use, the Board of Trustees shall require that:
(a) 
An applicant who proposes a new tower shall notify in writing the legislative body of each municipality that borders the Village and the County Planning Commission. Notification shall include the exact location of the proposed tower and a general description of the project, including, but not limited to, the height of the tower and its capacity for future shared use.
(b) 
Documentation of this notification shall be submitted to the Board of Trustees at the time of application.
F. 
Dimensional requirements. Towers and all accessory structures shall conform with the following requirements:
(1) 
Each monopole, tower or other similar freestanding support structure shall be considered a separate principal use on the property and must comply with the number of permitted uses on a property.
(2) 
Setbacks. The following minimum setback requirements shall apply to all transmission support structures and antennas:
(a) 
Towers, monopoles and other freestanding support structures shall be set back a distance equal to at least 100% of the height of the structure from any adjoining lot line.
(b) 
All other support structures, such as buildings, clock-towers, etc., shall comply with the height, and setback requirements of the zoning district in which they are located.
(c) 
All equipment cabinets and structures must satisfy the minimum zoning district accessory setback requirements.
(3) 
All monopoles or towers up to 80 feet in height must meet the setbacks for primary structures in the district wherein the property is located.
(4) 
Setback requirements for towers shall be measured from the base of the tower to the property line of the parcel of land on which it is located.
(5) 
Separation of uses and fall zones. The following separation requirements shall apply to all towers, monopoles and other freestanding structures greater than 60 feet:
(a) 
Table 1, Separation from off-site uses/designated areas:
Off-Site Use/Designated Area
Separation Distance
Residential uses
200 feet or 300% height of support structure, whichever is greater
Nonresidentially zoned lands or nonresidential uses
See § 197-42.1F(2)
(b) 
Support structure separation shall be measured from the base of the support structure to the lot line of the off-site uses and/or designated areas as specified in Table 1.
(c) 
Separation requirements for support structures shall comply with the minimum standards established in Table 1.
G. 
Method of determining tower height. Measurement of tower height for the purpose of determining compliance with all requirements of this section shall include the tower structure itself, the base pad and any other telecommunications facilities attached thereto which extend more than 20 feet over the top of the tower structure itself. Tower height shall be measured from natural grade.
H. 
Illumination. Towers shall not be artificially lighted except as required by the Federal Aviation Administration or other federal or state authority for a particular tower. Upon commencement of construction of a tower, in cases where there are residential uses located within a distance which is 300% of the height of the tower from the tower and when required by federal law, dual-mode lighting shall be requested from the Federal Aviation Administration.
I. 
Design. Antennas, towers, monopoles or other similar freestanding structures and related accessory structures shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is indicated by federal or state authorities such as the Federal Aviation Administration. Every antenna, tower and accessory structure shall be of neutral colors that are harmonious with, and that blend with, the natural features, buildings and structures surrounding such antenna and structure; provided, however, that directional or panel antennas and omnidirectional or whip antennas located on the exterior of a building that will also serve as an antenna tower shall be of colors that match, and cause the antenna to blend with, the exterior of the building. Accessory structures will be designed to be architecturally compatible with principal structures on the site.
(1) 
All utilities associated with base station equipment shall be buried underground.
J. 
Landscaping and security of structures. Wireless communications facilities shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. The Village may require landscaping in excess of the requirements in the Village Code in order to enhance compatibility with adjacent land uses.
(1) 
The following requirements shall govern the landscaping of a wireless telecommunication facility:
(a) 
Landscaping shall be installed on the outside of any fencing.
(b) 
A landscape buffer consisting of a landscape strip at least five feet wide outside the perimeter of the base station shall be provided.
(c) 
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as transmission support structures sited on large, wooded lots, natural growth around the property perimeter may form a sufficient buffer.
(d) 
Climbing evergreen shrubs or vines capable of growing on the fence of the base station or compound may be required to supplement any landscaping required.
(e) 
Any proposed planting plan shall consist of a mix of species so as to discourage monoculture plantings. To the extent practicable, native and drought-tolerant species shall be utilized.
(f) 
In the site plan review the Planning Board may increase or reduce the aforementioned landscaping requirements based on site conditions. Reduction of landscape requirements may only be considered when it is demonstrated that no significant adverse impact to the surrounding properties will occur and the goals of this section can be achieved.
(2) 
Landscaping installation and maintenance. The applicant shall be required to install and maintain landscaping. A two-year landscape maintenance bond shall be required to be posted prior to the issuance of a certificate of compliance for the wireless facility.
(3) 
Security fences. Transmission support structures shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device; provided, however, that the Planning Board may waive such requirements, as it deems appropriate.
(a) 
Wood or vinyl slats shall be woven into the security fence if made of chain-link material when the Planning Board finds that such additional screening is appropriate.
(b) 
Wireless installations shall be accessible for emergency maintenance at all times. Emergency contact information shall be provided to the Building Department and Fire Marshal.
K. 
Access. A parcel of land upon which a tower is located must provide access to at least two paved vehicular parking spaces on site. A road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made.
L. 
Requirements for antennas on support structures. Any telecommunications facilities, which are not attached to a tower or monopole, may be permitted on any antenna support structure at least 35 feet tall. The owner of such structure shall, by written certification to the Board of Trustees, establish the following at the time plans are submitted for a special use permit:
(1) 
That the height from grade of the telecommunications facilities shall not exceed the height from grade of the antenna support structure by more than 20 feet.
(2) 
That any telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, are set back one foot from the edge of the primary roof for each one foot in height above the primary roof of the telecommunications facilities. This setback requirement shall not apply to telecommunications facilities and their appurtenances, located above the primary roof of an antenna support structure, if such facilities are appropriately screened from view through the use of panels, walls, fences or other screening techniques approved by the Village. Setback requirements shall not apply to stealth antennas which are mounted to the exterior of antenna support structures below the primary roof, but which do not protrude more than 18 inches from the side of such an antenna support structure.
(3) 
The support structure for any antenna in any other location shall be designed to be of stealth construction and as follows:
(a) 
Building-mounted antennas shall not be located on any single-family dwelling or two-family dwelling.
(b) 
Antennas mounted on commercial buildings shall be permitted to exceed the height limitations of the applicable Zoning District by no more than 10 feet, provided the antenna is adequately screened and fits the definition of stealth.
(c) 
Omni directional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
(d) 
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
M. 
Exemptions.
(1) 
Fire, police and other emergency dispatch services, in existence as through the date this section is adopted, which are less than 75 feet above the ground, if originating from the ground, or less than 35 feet above the average roofline, if originating from the roof of a building.
(2) 
Nonbusiness television or radio reception, private citizen band, amateur radio and other similar communications systems utilizing a tower or an antenna, which do not exceed 50 feet above the ground, if originating from the ground, or which do not exceed 25 feet above the average roofline, if originating on a roof. "Nonbusiness" means a use for which money, property or something of value is not charged, earned or received by the owner, operator, lessee or person in control of the telecommunications facility.
(3) 
Ordinary maintenance to approved wireless telecommunications facilities, as defined herein, shall not be subject to special exception permit procedures. Modifications will require review pursuant to the applicable procedures outlined in this section.
(4) 
Any antenna which is treated as exempt under 47 CFR 1.4000(a)(1), as it may be amended from time to time shall be exempted from this section.
N. 
Certifications and inspections.
(1) 
All towers shall be certified by an engineer to be structurally sound and in conformance with the requirements of the Building Code and all other construction standards set forth by the Village's Code and federal and state law. For new towers, such certification shall be submitted with the application and every five years thereafter. For existing monopole towers, certification shall be submitted within 60 days of the effective date of this section and then every two years thereafter. The tower owner may be required by the Village to submit more frequent certifications should there be reason to believe that the structural and electrical integrity of the tower is jeopardized.
(2) 
The Village or its agents shall have authority to enter onto the property upon which a tower is located, between the inspections and certifications required above, to inspect the tower for the purpose of determining whether it complies with the Village Code and all other construction standards provided by the Village Code and federal and state law.
(3) 
The Village reserves the right to conduct such inspections at any time, upon reasonable notice to the tower owner. All expenses related to such inspections by the Village shall be borne by the tower owner.
O. 
Maintenance.
(1) 
Tower owners shall at all times employ ordinary and reasonable care and shall install and maintain in use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.
(2) 
Tower owners shall install and maintain towers, telecommunications facilities, wires, cables, fixtures and other equipment in substantial compliance with the requirements of the National Electric Safety Code and all FCC, state and local regulations, and in such manner that will not interfere with the use of other property.
(3) 
All towers, telecommunications facilities and antenna support structures shall at all times be kept and maintained in good condition, order and repair so that the same shall not menace or endanger the life or property of any person.
(4) 
All maintenance or construction of towers, telecommunications facilities or antenna support structures shall be performed by licensed maintenance and construction personnel.
(5) 
All towers shall maintain compliance with current RF emission standards of the FCC.
(6) 
In the event that the use of a tower is discontinued by the tower owner, the tower owner shall provide written notice to the Village of its intent to discontinue use and the date when the use shall be discontinued.
P. 
Time limitations.
(1) 
The applicant shall obtain a building permit for the construction of the telecommunications facility within 90 days of the date the Board of Trustees grants the special exception permit, and the work shall be completed within nine months of the date the building permit has been issued.
(2) 
The failure to obtain a building permit within the time set forth herein or to complete the construction within the time set forth herein shall be deemed to be considered an abandonment of the application.
(3) 
If the telecommunications facility is not used for a period of 180 consecutive days, the Board of Trustees shall notify the owner, with a copy to the tenant, if any, that the use of the site as a telecommunications facility will be subject to a determination by the Board of Trustees that such use has been abandoned. Said notice shall be sent by certified mail to the address set forth on the latest tax rolls as to the owner and to the address set forth on the most recent lease filed with the Village as to the tenant. The owner or tenant may, within 30 days of the date said notice is sent, request in writing a public hearing on the issue of abandonment before the Board of Trustees. Said hearing shall be held within 45 days of the date said notice is received. At the hearing, the owner or tenant shall have the obligation to establish clear and convincing evidence that the telecommunications facility has been used during the period of 180 days. In the event that the Board of Trustees renders a determination that the use has been abandoned, the owner shall, within 75 days of the date of said decision, dismantle and remove the tower.
(4) 
As a condition of the granting of the special exception permit for the construction of the telecommunications facility, the owner shall, within 30 days of the date of said determination, file a covenant in the Suffolk County Clerk's office wherein the owner agrees to be responsible for all of the cost associated with the removal of the tower, and in the event that the owner fails to remove the tower within the seventy-five-day time period, the Village shall have the right, upon 10 days' written notice to the owner, to enter onto the property and remove the tower and other structures, and that the cost of removing the tower shall be assessed to the real property.
Q. 
Lease. The owner shall be required to file all leases with respect to the proposed telecommunications facility and all amendments and additions thereto.
R. 
Signs and advertising. Wireless telecommunications facilities shall contain a sign no larger than four square feet in order to provide adequate notification to persons in the immediate area of the presence of an antenna that has radio frequency or microwave transmission capabilities ("NIER warning") and shall contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be on the equipment shelter or cabinet of the applicant and be visible from the access point of the site and must identify the equipment owner of the shelter or cabinet. The sign shall not be lighted, unless lighting is required by applicable federal law, rule or regulation. No other signage, including advertising or corporate logos, shall be permitted.
S. 
Compliance with other laws. The operator of every tower, antenna and accessory structure shall submit to the Village Clerk copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such tower, antenna and accessory structure and shall maintain such licenses and permits and provide evidence of renewal or extension thereof when granted.
T. 
Assignment of permit. Every special exception permit granting approval of an antenna, tower or accessory structure shall state that any assignment or transfer of the special exception permit or of any rights thereunder may be made only with the approval of the Village.
U. 
Review of special exception permit. The special exception permit shall be subject to review by the Board of Trustees at five-year intervals to determine the following:
(1) 
Whether the technology in the provision of personal wireless services has changed such that the necessity for the special use permit at the time of its approval has been eliminated or modified; and
(2) 
Whether the special exception permit should be modified or terminated as a result of any such change.
V. 
Severability. If any clause, section or other part of this section shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this section shall not be affected thereby, but shall remain in full force and effect.

§ 197-43 Fences and walls in residence districts.

[Added 3-11-1983 by L.L. No. 2-1983; amended 2-14-2000 by L.L. No. 5-2000; 5-8-2000 by L.L. No. 7-2000]
In all residential districts, the following regulations shall apply:
A. 
Fences, posts, pillars.
(1) 
No fence located within a required front yard shall have a height greater than four feet or two feet pursuant to § 197-48.
(2) 
No fence located within a side or rear yard shall have a height greater than six feet.
(3) 
No post or pillar located within a front yard, side yard or rear yard shall have a height greater than six feet or a width greater than 24 inches in any direction or a footprint greater than four square feet.
(4) 
No post, pillar, gate or fence shall be erected, constructed or extended without first obtaining approval of the Architectural Review Board and a building permit.
(5) 
No more than two posts or pillars shall be located at a driveway or a walkway entrance within a front, side or rear yard. Each such post or pillar may have no more than one decorative light fixture or finial installed. No light fixture shall exceed 18 inches in height above the allowed height of a post or pillar and no decorative light fixture or finial shall exceed a width of 12 inches in any direction.
(6) 
The sum total wattage of all lamps installed in any one post- or pillar-mounted light fixture shall not exceed 40 watts. Light fixtures and lamp photometry shall be installed so as to direct light output toward, and dissipate on, the property of the owner and shall conform to § 197-25.1.
(7) 
No post or pillar located within a front, side or rear yard shall be located within three feet of the lot lines.
(8) 
No driveway gates or posts or pillars with an attached driveway gate shall be located within 20 feet of the street lines of the lot.
(9) 
No hedge, shrub, tree or planting of any nature located within a front, side or rear yard shall have the root stem located within three feet of the street lines of the lot.
B. 
Tennis court fences. No tennis court fence shall have a height greater than 10 feet, and it shall be so designed that it provides visibility through openings in its surface which constitute 50% of that surface area and which are evenly distributed over the length of such fence.
C. 
Walls shall be prohibited except:
[Amended 12-8-2003 by L.L. No. 13-2003]
(1) 
Walls required for use as integral parts of sanitary waste disposal systems and approved for construction by the Suffolk County Department of Health.
(2) 
Bulkheads or other shore hardening structures used to protect against erosion.
D. 
Bulkheads or other shore hardening structures:
[Amended 12-8-2003 by L.L. No. 13-2003]
(1) 
Shall only be permitted on property having frontage on a bay, creek or canal.
(2) 
Shall not be permitted on property having frontage on the Atlantic Ocean.
(3) 
Shall only be permitted within five feet of a property line.
(4) 
Shall not be permitted if it would adversely impact adjacent properties.
(5) 
Shall be subject to site plan approval.

§ 197-44 Accessory solar energy systems. [1]

[Added 11-16-2011 by L.L. No. 11-2011]
A. 
Legislative intent. In order to accommodate alternative and renewable forms of energy production across the Village, while regulating the visual impacts of any such form, accessory solar energy systems, as defined in this chapter, may be allowed as specified herein.
B. 
Solar energy systems are permitted as an accessory use in all residential zoning districts in the Village, subject to certain requirements as set forth herein.
C. 
Height. Solar energy systems must meet the following height requirements:
(1) 
Building- or roof- mounted solar systems may exceed the maximum allowed height in any zoning district by one foot; any building which is preexisting nonconforming in terms of height requirements may be increased by one foot, provided that any such system shall comply with the other provisions of the Zoning Code. For purposes of height measurement, solar systems other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices.
(2) 
Ground- or pole-mounted solar systems shall not exceed eight feet in height when oriented at maximum tilt.
D. 
Setback/location. Solar energy systems must meet the accessory structure setback and location requirements set forth in the Zoning Code except that any such system shall not be permitted in the front yard in the R-3 Zoning District.
(1) 
Roof-mounted solar systems. In addition to the building setback, the collector surface and mounting devices for roof-mounted solar systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side or rear yard exposure.
(2) 
Ground-mounted solar systems. Ground-mounted solar energy systems may not extend into the required rear yard setback when oriented at minimum design tilt.
E. 
Visibility. The design of the solar energy system shall make best efforts to blend into the architecture of the building or be screened from routine view from public rights-of-way. The color of the solar collector shall be, to the extent possible, consistent with the roofing materials on which it is mounted.
(1) 
Building-integrated photovoltaic systems. Building-integrated photovoltaic solar systems shall be allowed regardless of visibility, provided the building component in which the system is integrated meets all required setback and regulations for the district in which the building is located.
(2) 
Solar systems with mounting devices. Any solar system that meets one of the following standards will be deemed to meet the visibility requirements of this section:
(a) 
Meets the standards for use of the solar energy system fast track permit application; or
(b) 
Is not visible from the closest edge of any public right-of-way other than an alley; or
(c) 
Is a roof-mounted system that is visible from the nearest edge of the street frontage right-of-way but does not have a highest finished pitch more than 5% steeper than the roof pitch on which the system is mounted, and is no higher than 10 inches above the roof.
(3) 
Coverage. Roof- or building-mounted solar systems, excluding building-integrated systems, shall be set back from the roof edge or ridge with a clear path of a minimum of 18 inches each. The surface area of pole or ground-mounted systems shall not exceed 1,000 square feet.
(4) 
Ground-mounted solar systems. Ground-mounted solar energy systems shall be screened with perimeter plantings to consist of evergreen plantings having a minimum height of four feet at the time of installation and shall not be set back more than five feet from said system.
F. 
Approved solar components. Electric solar system components must be certified as meeting the Underwriters Laboratory (UL) Standard 1703 and the inverter conforming to UL Standard 1741. Solar hot-water systems must be certified by the Solar Rating and Certification Corporation. The solar system must be certified by a licensed professional that said system is anchored in such a manner consistent with the New York State Building Code, including but not limited to wind load requirements, and for a roof-mounted solar system have a roof load not exceeding six pounds per square foot.
G. 
All solar collector installations must be performed by a qualified solar installer, and prior to operation the electrical connections must be inspected by an appropriate electrical inspection agency as determined by the Building Department. In addition, any connection to the public utility grid must be inspected by the appropriate public utility.
H. 
When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the applicable laws and regulations.
I. 
Electric solar system. A sign shall be installed on the utility meter and at any alternating current (AC) disconnect switch indicating that there is an operating solar electric cogenerating system on site.
J. 
Decommissioning. The facility owner and operator shall, at its expense, complete decommissioning of the accessory solar energy system within 12 months after the end of the useful life of said system. The accessory solar energy system will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months. Decommissioning shall include removal of the collectors, mount and any other associated equipment and facilities by no later than 90 days after the end of the twelve-month period.
K. 
Administration.
(1) 
The Chief Building Inspector shall promulgate such rules, procedures, application forms, and certificates as may be required to effectively implement the solar energy system fast track permit application.
(2) 
The filing fee for an accessory solar energy system permit shall be set forth in Chapter A200 as amended from time to time.
(3) 
The permit shall be issued within 14 days of the submittal of a complete application.
(4) 
Solar energy systems meeting the standards contained herein shall not require Architectural Review Board review.
(5) 
The Building Department shall maintain a list by address of all solar installations, which shall be made available to all relevant first responder organizations.
[1]
Editor's Note: Former § 197-44, Fences and walls in Residential District 3, added 3-11-1983 by L.L. No. 2-1983, was repealed 2-14-2000 by L.L. No. 5-2000.

§ 197-45 Fences and walls in nonresidence districts.

[Added 3-11-1983 by L.L. No. 2-1983; amended 2-14-2000 by L.L. No. 5-2000]
In any nonresidence district, the following regulations shall apply:
A. 
Fences.
[Amended 5-8-2000 by L.L. No. 7-2000]
(1) 
No fence located within a required front yard or a side yard shall have a height greater than six feet or two feet pursuant to § 197-48.
(2) 
No fence located within a rear yard shall have a height greater than 10 feet.
B. 
Tennis court fences. No tennis court fence shall have a height greater than 10 feet, and it shall be so designed that it provides visibility through openings in its surface which constitute 50% of that surface area and which are evenly distributed over the length of such fence.
[Amended 5-8-2000 by L.L. No. 7-2000]
C. 
Walls shall be prohibited, except walls required for use as integral parts of sanitary waste disposal systems and approved for construction by the Suffolk County Department of Health Services and the Architectural Review Board.

§ 197-46 Measuring height of fences and walls.

[Added 3-11-1983 by L.L. No. 2-1983; amended 2-14-2000 by L.L. No. 5-2000]
The height of a fence, post, wall or pillar shall be measured from the lower of the grade elevation at the base, or the grade elevation at the adjacent edge of pavement or curb, or the adjacent property lot line.

§ 197-47 Direction of side of fence or wall.

[Added 3-11-1983 by L.L. No. 2-1983]
Any fence or wall shall have a face or finished side thereof facing the land of the adjacent property owner or adjacent street The Building Inspector shall designate whether such a side of the fence or wall is a face or finished side.

§ 197-48 Lines of sight at intersections.

[Added 3-11-1983 by L.L. No. 2-1983; amended 2-14-2000 by L.L. No. 5-2000]
No hedge, shrub or other growth and no fence, wall, sign or other structure and no vehicle, object or any other obstruction with a height greater than two feet shall be planted, erected, placed, parked or maintained on a corner lot within a sight triangle, except that trees whose branches are maintained at a height of no less than 10 feet shall be allowed within a sight triangle projected. The height shall be measured from the lower of the grade elevation at the base, or the grade elevation at the adjacent edge of pavement or curb, or the adjacent property lot line.

§ 197-48.1 Service uses.

[Added 2-14-2000 by L.L. No. 1-2000]
All service uses and bakeries shall follow design provisions and sufficient procedures to ensure control over any unnecessary noise or objectionable odor, the removal of wastes, the screening of stored supplies and goods, clear access to off-street delivery and shipping facilities, and safe drive-in facilities if included on the approved site plan.

§ 197-48.2 Permitted densities in multiple dwellings and hotels.

[Added 2-14-2000 by L.L. No. 1-2000; amended 3-10-2003 by L.L. No. 3-2003]
The Multifamily 20 and Hotel District Table of Permitted Unit Density is included at the end of this chapter. The table sets forth the permitted unit density for each district.

§ 197-48.3 Outdoor display by retail nurseries.

[Added 2-14-2000 by L.L. No. 1-2000]
Retail nurseries may contain outdoor displays of nursery, garden and lawn items, including sculpture and monuments, provided that such displays are screened from abutting streets and residential properties.

§ 197-48.4 Outdoor display by marine, boat and recreational vehicle retailers.

[Added 2-14-2000 by L.L. No. 1-2000]
Outdoor sales and display areas shall not exceed the area devoted to indoor displays. All watercraft displayed outdoors shall be trailer-mounted and shall not encroach into minimum yard areas.

§ 197-48.5 Outdoor storage by wholesale businesses.

[Added 2-14-2000 by L.L. No. 1-2000]
Outdoor storage of material or goods for sale is permitted if not located in any front yard or in any minimum side yard or in more than one-half of the required minimum rear yard. All outdoor storage shall be screened from abutting properties by a solid fence in conformance with this chapter.

§ 197-48.6 Delicatessens in B-2 and B-3 Districts.

[Added 2-14-2000 by L.L. No. 1-2000]
Delicatessens in the B-2 and B-3 Districts shall primarily serve ready-to-eat food items prepared on the premises to individual order and to be consumed off the premises. Beverages and other prepackaged items shall be incidental. Mini-markets and convenience stores are expressly prohibited.

§ 197-48.7 Vending machines as accessory uses in B-2 and B-3 Districts.

[Added 2-14-2000 by L.L. No. 1-2000]
Vending machines dispensing ice, beverages and similar goods may be permitted as outdoor accessory uses in the B-2 and B-3 Districts, provided that such machines or equipment do not exceed 25 square feet. Night lighting or internal lighting connected with such machinery shall be prohibited.

§ 197-48.8 Animal shelters; aviaries; kennels; veterinary services.

[Added 2-14-2000 by L.L. No. 1-2000]
The minimum setback for a structure containing any of the above-captioned uses shall be no less than 100 feet from any residential zoning district.