[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton Beach 6-10-1983 by L.L. No. 5-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 70.
Swimming pools — See Ch. 157.
Zoning — See Ch. 197.
The Board of Trustees of the Village of Westhampton Beach has become concerned about the appearance and impact of dish antennas which have been installed with increasing frequency in the Eastern Long Island area. The Board finds that, unless regulated, dish antennas can be installed in an aesthetically unpleasant manner with an adverse impact on surrounding property values and the enjoyment and use of surrounding properties. The intent and purpose of this chapter is to establish a procedure and criteria to avoid the adverse impacts of the installation of dish antennas and to preserve the character, beauty and general welfare of the municipality.
[Amended 7-6-1987 by L.L. No. 20-1987]
Dish antennas shall be special exception accessory uses in all zoning districts.[1]
[1]
Editor's Note: For the various districts, see Ch. 197, Zoning.
[Amended 9-13-1985 by L.L. No. 16-1985; 6-12-1992 by L.L No. 6-1992]
A. 
Applications for a special exception permit shall be made to the Board of Trustees. Plans and sketches prepared and stamped by a licensed architect, surveyor or engineer shall be submitted by the owner. Said plan shall show the location of all physical improvements on the subject premises and the proposed location of the dish antenna. Any proposed new landscaping shall be depicted.
B. 
No building permit shall be issued by the Building Inspector for the installation of any dish antenna, except after an approval is obtained under this chapter from the Board of Trustees.
[Amended 7-6-1987 by L.L. No. 20-1987; 6-12-1992 by L.L. No. 6-1992]
The Board of Trustees, in considering an application, shall find that the proposed dish antenna will have a harmonious relationship with surrounding property uses and shall be located so as not to diminish the value or use of surrounding properties. The Board of Trustees shall consider, among other things, the following criteria:
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DISH OR SATELLITE TELEVISION ANTENNA
An apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.
USEABLE SATELLITE SIGNALS
Satellite signals from all major communications satellites that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable television.
B. 
The dish or satellite television antenna shall not be located on any trailer or portable device.
C. 
The dish or satellite television antenna shall be located only in the rear yard of any lot. If the applicant shows that useable satellite signals cannot be obtained from such rear yard, the dish or satellite television antenna may be located in the side yard. In the event that the applicant shows that useable satellite signals cannot be received by locating the antenna in the rear or side yard of the property, such antenna may be placed in the front yard or on the roof of a dwelling or main building on the lot. Notwithstanding the above provisions set forth in this Subsection C, the Board of Trustees may specify where on the property the dish or satellite television antenna will be sited, taking into consideration that the proposed location would promote the aesthetics of the Village, the safety and welfare of the community or the character and appearance of the neighborhood in which it is situated, provided that the applicant would receive a useable satellite signal at that location.
D. 
The diameter and height of the dish or satellite television antenna shall be the least amount necessary to provide the applicant with useable satellite signals, but in no event greater than six feet in diameter and 15 feet in height, including any platform or structure upon which said antenna is mounted or affixed. The Board of Trustees may vary these requirements only upon a showing that a useable satellite signal cannot be received under the diameter and height limitations set forth above.
E. 
The proposed dish antenna use shall recognize and provide for the further specific conditions and safeguards provided in § 197-79 of Chapter 197, Zoning.
F. 
A dish or satellite television antenna shall be located and designed to reduce visual impact from surrounding properties.
G. 
A dish or satellite television antenna shall meet all manufacturer's specifications. be of noncombustible and corrosive-resistant material and be erected in a secure wind-resistant manner.
H. 
A dish or satellite television antenna must be adequately grounded for protection against a direct strike of lightning.
A. 
Where a violation of this chapter is determined to exist, the Building Inspector shall serve, by registered mail or personally on the owner, agent or contractor of the subject premises or on the lessee or tenant of the subject premises, a notice of violation requiring the removal of the violation within 24 hours after service of the notice. If the person or persons notified shall fail to remove the violation within the allotted time period, the Building Inspector shall commence appropriate proceedings before the Justice court of the Village of Westhampton Beach. The municipality may take any appropriate action or proceeding in addition to the aforesaid remedy, including proceeding by any available remedy.
B. 
Any person who shall violate any provision of this chapter shall be subject to a penalty of $250 for each such violation. A separate violation shall be deemed committed upon each day that a violation occurs or is committed.