The Board of Trustees is cognizant of the proliferation
of parabolic antennas, both for residential and commercial purposes.
The Board of Trustees is also aware of the Federal Communications
Commission's limited preemption of local municipal regulations of
parabolic antennas. However, the Board of Trustees believes that for
purposes of aesthetics and to protect the public health, safety and
general welfare, certain minimum standards must be established allowing
for variances as may be reasonable, safe and necessary to simultaneously
provide for those members of the public who seek to place a parabolic
antenna upon their premises but cannot comply with such restrictions.
No parabolic antenna shall be permitted in the
Village of Port Washington North, except when permitted as a special
exception by the Board of Appeals of the Village of Port Washington
North (hereinafter referred to as the "Board") upon proper written
application and after a public hearing on published notice, in accordance
with the following provisions:
A. Such application shall be in the form provided by
the Village Clerk and shall include:
(1)
The name of the owner of the subject premises;
(2)
The street address and tax map designation of
the subject premises;
(3)
The use or uses of the subject premises;
(4)
The number of existing parabolic antennas on
the subject premises and the use of each such parabolic antenna;
(5)
The number of proposed parabolic antennas on
the subject premises and the proposed use of each such parabolic antenna;
(6)
The manufacturer, model and complete physical
description, including the size and weight, of each proposed parabolic
antenna, guy wires, supporting structures and accessory equipment,
if any, to be used in conjunction therewith;
(7)
The field and strength of any microwave radiation
hazard emanating from each of the proposed parabolic antennas;
(8)
The name of the firm or contractor who will
be installing each of the proposed parabolic antennas; and
(9)
An affirmation by the owner of the subject premises
of the truth of the foregoing information.
B. Such application shall be accompanied by:
(1)
A site plan which shall show:
(a)
The subject premises and all other premises
within 100 feet of each of the proposed parabolic antennas;
(b)
All existing buildings and other structures,
including parabolic antennas, on the subject premises and all other
premises within 100 feet of each of the proposed parabolic antennas;
(c)
The proposed parabolic antennas, guy wires,
supporting structures, accessory equipment and proposed screening
by existing or proposed (proposed to be labeled) trees, shrubs, fences
or other material;
(d)
Topography, if appropriate, as may be requested
by the Board;
(e)
The reception and/or transmission window; and
(f)
The field of microwave radiation hazard, if
any.
(2)
An engineer's certificate as to:
(a)
The field and the strength of any microwave
radiation hazard emanating from each of the parabolic antennas; and
(b)
The integrity of each of the proposed installations,
taking into account both the weight of the parabolic antenna to be
installed and the effect of wind loads and lightning on the structure.
C. Upon application to the Board, the provisions of this
section may be waived upon a showing of hardship or lack of relevance,
so long as the public health, safety and welfare can be maintained.
[Added 8-12-1996 by L.L. No. 2-1996]
Notwithstanding the foregoing provisions of §§
176-187 and
176-188 hereof:
A. A satellite earth station antenna that is two meters
or less in diameter and is located or proposed to be located in any
area of the Village where commercial or industrial uses are generally
permitted, is permitted as of right, without any permit from the Village
being required therefor; and
B. A satellite earth station antenna that is one meter
or less in diameter and is located or proposed to be located in any
area of the Village is permitted as of right, without any permit from
the Village being required therefor.