[Added 10-10-1990 by L.L. No. 6-1990]
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.
A.
The Board, in approving said application, may impose
such additional regulations and restrictions as it believes proper
in particular circumstances to assure the public health, safety and
welfare and, in any event, shall require and provide the following
minimum restrictions, unless there is a showing of practical difficulty
or unnecessary hardship and a variance will not adversely affect the
public health, safety, welfare or the aesthetics of the character
of the community:
(1)
No parabolic antenna shall be placed in a front
yard;
(2)
No parabolic antenna shall be so located that
its field of microwave radiation, if any, is not totally within the
boundary lines of the subject premises;
(3)
Fences and warning signs shall be provided and
maintained in such a manner as to protect employees and the public,
including children who may come upon the subject premises, invited
or otherwise, from the proposed parabolic antenna's field of microwave
radiation, if any;
(4)
The parabolic antenna shall be mounted and maintained
in such a manner as to withstand reasonably expected wind loads and
be adequately grounded as protection against being struck by lightning;
(5)
In Residence A-1, Residence B and Residence
C Districts of the Village:
(a)
No parabolic antenna shall be located in a side
yard;
(b)
No parabolic antenna shall be located within
20 feet of an adjacent property;
(c)
There shall not be more than one parabolic antenna
on the premises for each one-family dwelling permitted on the premises;
(d)
No parabolic antenna shall exceed eight feet
in diameter;
(e)
No parabolic antenna, guy wires, supporting
structures and accessory equipment used in conjunction therewith shall
exceed 12 feet in height (such height to be measured from the lower
of the existing grade at the location of the parabolic antenna or
the average curb level of all adjacent streets); and
(f)
Screening shall be provided and maintained by
trees, shrubs and/or fencing to provide a complete visual barrier
from adjacent residential properties at least to the height of the
parabolic antenna;
(6)
In districts of the Village other than Residence
A-1, Residence B or Residence C Districts:
(a)
No parabolic antenna shall be located within
100 feet of an adjacent property;
(b)
No parabolic antenna shall exceed 40 feet in
diameter;
(c)
No parabolic antenna, guy wires, supporting
structures and accessory equipment used in conjunction therewith shall
exceed 50 feet in height (such height to be measured from the lower
of the existing grade at the location of the parabolic antenna or
the average curb level of all adjacent streets); and
(d)
Screening shall be provided and maintained by
trees, shrubs and/or fencing to provide a complete visual barrier
from adjacent residential properties at least to the height of the
parabolic antenna, but in no event must such screening be higher than
20 feet.
[Added 8-12-1996 by L.L. No. 2-1996]
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.
