The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
by the following supplementary regulations.
[Added 6-12-1992 by L.L. No. 5-1992; amended 7-5-2016 by L.L. No. 3-2016; 10-4-2018 by L.L. No. 5-2018]
A.
Purpose and intent. The purpose of the outdoor lighting standards contained in Article IV is to provide regulations which will protect the health, safety and welfare of the general public, conserve valuable energy resources, prevent light trespass from interfering with our quality of life, protect our ecological and natural resources, and preserve the ability to view the celestial features of the night sky for present and future generations. By this legislation, the Village Trustees wish to establish provisions and a process for review so that outdoor lighting that is protective of the environment is installed on all new construction and is used when current outdoor lighting fixtures that are not in compliance with the outdoor lighting standards need replacement.
B.
These standards provide for the following:
(1)
Comprehensive regulations and guidelines in order for residents,
business owners, and the municipality to comply with standards set
by the community for outdoor lighting.
(2)
Preservation of our rural character, aesthetic value, and the
unique quality of life enjoyed by Westhampton Beach residents by preserving
and enhancing the ability to view the night sky.
(3)
Advancement of sound environmental policies which will benefit
residents and serve as a positive example.
(4)
Proper direction and use of light in order to minimize light
trespass, glare, and energy wasted on unnecessary and indiscriminate
illumination.
(5)
Elimination of the need for commercial establishments to compete
for visual attention by escalating outdoor lighting levels.
(6)
Reduction in excessive illumination which can have a detrimental
effect on flora and fauna that depend on the natural cycle of day
and night for survival.
(7)
Prevention of nuisances caused by unnecessary light intensity,
glare, and light trespass.
[Added 10-4-2018 by L.L.
No. 5-2018]
A.
New lighting. All outdoor lighting newly installed on residential and nonresidential properties after the effective date of the outdoor lighting standards contained in Article IV shall comply with its provisions.
B.
Preexisting lighting. All residential and nonresidential properties with existing and operative outdoor lighting, at the effective date of the outdoor lighting standards contained in Article IV, shall be exempt from compliance, subject to the provisions below.
(1)
Any outdoor lighting fixture that is replaced, changed, repaired, or relocated, in whole or in part, after the effective date of the outdoor lighting standards contained in Article IV shall comply with its provisions.
(2)
Nonresidential lighting. Subsequent to the effective date of the outdoor lighting standards contained in Article IV, any addition or expansion to a nonresidential use, or any change of use that is subject to site plan review shall subject said property to the provisions of § 197-25.6 for the entire property, including previously installed and any new outdoor lighting, at the discretion of the Planning Board.
(3)
Residential lighting. Subsequent to the effective date of the outdoor lighting standards contained in Article IV, any addition or expansion that is made to a residential property, shall subject said residential property to the provisions of § 197-25.5 for the entire property, including previously installed and any new outdoor lighting.
(4)
Nuisance lighting. The exemption shall not apply if the Village determines that certain outdoor lighting creates nuisance lighting as defined in § 197-1. If the Village determines that nuisance lighting exists on a property causing loss of enjoyment, comfort, or repose, that lighting shall comply with Subsection B(5) below, in accordance with the procedures outlined in § 197-25.7.
(a)
Light trespass shall be considered nuisance lighting when:
[1]
Illuminance at or beyond a property line abutting
a residential parcel, nature preserve, or waterway exceeds 0.05 footcandle
as measurable from any orientation of the measuring device; or
[2]
Illuminance at or beyond a property line abutting
a nonresidential property or public right-of-way exceeds 0.1 footcandle
as measurable from any orientation of the measuring device; or
(b)
Glare light shall be considered nuisance lighting when a light
source is seen from a neighboring property or roadway at sufficient
intensity to cause discomfort, annoyance, or impaired visibility.
(5)
Abatement of nuisance lighting. If the Village determines nuisance lighting to exist on a property, that lighting shall comply with either Subsection B(5)(a) or (b) below, in accordance with the procedures outlined in § 197-25.7.
(a)
To the extent that the abatement of nuisance lighting will require
re-aiming a fixture or re-lamping to reduce lumen output, such lighting
shall be re-aimed and/or re-lamped so that the light source is not
visible across property lines.
(b)
Notwithstanding Subsection B(1) above, to the extent that the abatement of nuisance lighting will require removing, replacing, shielding, retrofitting, or relocating a fixture, such lighting shall be removed, replaced, shielded, retrofitted, or relocated so that the light source is not visible across property lines.
(6)
All LIPA leased preexisting nonconforming fixtures (i.e. "dusk
to dawn") shall be removed, replaced or retrofitted on or before January
1, 2020. All replacement or retrofitted lighting shall meet the following
requirements:
(a)
Full cutoff fixtures and shields shall be installed so that
the light source is not visible from any adjacent roadway or any private
property other than that on which the lessee is located; and
(b)
Light levels shall not exceed the values as specified in Tables
1 and 2;[1] and
[1]
Editor's Note: The tables are included as an attachment to this chapter.
[Added 10-4-2018 by L.L.
No. 5-2018]
A.
Exempt outdoor lighting. The following are exempt from the provisions of the outdoor lighting standards contained in Article IV:
(1)
All temporary emergency lighting determined to be necessary
by the Chief of Police, Chief Fire Marshal, Superintendent of Public
Works, or other firefighting or emergency service personnel.
(2)
Lighting used in municipal road construction or emergency repair
or maintenance of utility lines, sewer, water mains or similar public
infrastructure.
(4)
Flag uplighting, provided any such flag is not used for advertising
purposes and the light source is not visible across property lines
or into roadways.
(5)
Underwater lighting used for swimming pools, provided such lighting
meets all relevant electrical codes.
(6)
Lighting for radio, communication and navigation towers, provided that the owner or occupant demonstrates to the satisfaction of the Planning Board that the Federal Aviation Administration (FAA) regulations can only be met through the use of lighting that does not comply with the outdoor lighting standards contained in Article IV, and that the provisions of the Outdoor Lighting standards contained in Article IV are otherwise met to the fullest extent possible. Lighting for any Wireless Communications Facility shall not be permitted unless required by the FAA; in which case, required lighting shall be of the lowest allowed intensity, unless specifically forbidden by the FAA.
(7)
Lighting installed to illuminate public monuments, provided
that the light levels do not exceed two footcandles on any light surface
monument and do not exceed four footcandles on any dark surface.
(8)
Historic-style fixtures that are part of an existing and approved
continuous lighting design, where the piecemeal replacement with compliant
fixtures would unacceptably degrade the aesthetic characteristics
of the overall design. This exemption shall not be construed to preclude
the installation of new compliant fixtures. In the case where 50%
of the lighting is to be replaced, new compliant fixtures shall be
used.
B.
Prohibited outdoor lighting. The following outdoor lighting shall not be permitted within the Village as of the effective date of the outdoor lighting standards contained in Article IV, except as exempt above:
(1)
Lamps having correlated color temperature in excess of 3,000
kelvin.
(2)
Lighting used to illuminate a property other than that on which
the fixture is located.
(3)
Searchlights, except those used for governmental or emergency
purposes.
(4)
Strobe lights and laser lights, including laser light shows
and aerial laser lights.
(5)
Neon lights, except as legally permitted.
(6)
Fixtures that revolve or create blinking, flickering, scrolling,
rotating, pulsating or tracing light, including on signs, exclusive
of exempt holiday lighting.
(7)
Flashing lights, unless temporarily triggered by a security
system and extinguished at the time of security response.
(8)
Any type of lighting used to outline all or part of a building (for example, a window, roof, or gable), except for fully recessed soffit lighting that otherwise complies with the outdoor lighting standards contained in Article IV.
(9)
Any light fixture that may be construed as or confused with
a traffic signal, traffic control device or maritime navigational
markers.
(10)
Lighting that is determined by municipal law enforcement to
contribute to a condition of disabling or distracting glare into a
public roadway.
(11)
Any light fixture located within or illuminating a designated
nature preserve, conservation easement, public beach, or waterway,
except as approved by the Village Trustees.
(13)
"Day burners" or outdoor lighting which is illuminated during
daylight hours.
(14)
Metal halide (MH) and mercury vapor (MV) lamps.
[Added 10-4-2018 by L.L.
No. 5-2018]
A.
All new or replacement outdoor lighting shall be designed, located,
lamped, directed, and maintained in order to prevent the following:
(1)
Nuisance lighting.
(2)
Excessive lighting and energy consumption.
(3)
Glare.
(4)
Light trespass.
(5)
Unnecessary skyglow.
(6)
Potential negative effects on human health.
(7)
Unnecessary detriment to species in natural communities proximate
to lighting locations.
(8)
Interference with pedestrian or vehicular travel on streets,
roadways and highways.
[Added 10-4-2018 by L.L.
No. 5-2018]
All residential and multifamily residential properties shall comply with the following standards. For new construction, the Architectural Review Board may permit minor adjustments to any lighting requirement herein, provided that the proposed outdoor lighting is found to be reasonable, necessary, and consistent with the purposes of this chapter, except as provided in § 197-43.
A.
Nuisance prevention. Outdoor lighting on residential properties shall be designed and installed so that all light which is emitted by any outdoor light fixture shall not shine on or illuminate any neighboring property. No outdoor lighting shall be maintained nor operated in such a manner so as to be nuisance lighting, as defined in § 197-1.
B.
Shielding. All outdoor lighting fixtures shall be fully shielded
and aimed straight downward, with the following exceptions;
C.
Mounting height.
(1)
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 section.
(2)
The mounting height of any freestanding light fixture associated with the driveway or parking area shall not exceed 10 feet; and along walkways, shorter pedestrian-scaled lighting, ground or bollar lighting is preferred, the pole height shall not exceed eight feet. When located in side and/or rear yards shall meet the setback requirements of Subsection D below, unless otherwise authorized by the Village.
D.
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 (see Figure 2), except as provided in § 197-43.
[Amended 12-6-2018 by L.L. No. 8-2018]
|
Figure 2
 |
E.
Hours of operation. Automated shut-off controls for outdoor lighting
are encouraged to conserve energy, to extinguish lighting that is
not needed for safety, and to alleviate nuisance lighting.
(1)
Nonessential outdoor lighting shall not remain on continuously
from midnight until dawn.
(2)
Essential outdoor lighting sufficient for security purposes
may be in operation continuously from midnight until dawn, provided
that illumination on the ground or on any vertical surface is not
greater than 0.5 footcandle as determined by the manufacturer specifications
for the lighting fixtures.
[Added 10-4-2018 by L.L.
No. 5-2018]
Properties with nonresidential lighting, as defined in § 197-1, shall comply with the following standards. The Village Planning Board may permit minor adjustments to any lighting requirement herein, provided that the proposed outdoor lighting is found to be reasonable, necessary, and consistent with the purposes of § 197-25.1.
A.
Nuisance prevention. Outdoor lighting on nonresidential properties shall be designed and installed so that all light which is emitted by any outdoor light fixture shall not shine on or illuminate any neighboring property. No outdoor lighting shall be maintained nor operated from any structure in such a manner so as to be nuisance lighting, as defined in § 197-1.
B.
Shielding. Unless otherwise specified, all outdoor lighting fixtures
shall be fully shielded and aimed straight downward.
C.
Mounting height.
(1)
Building or structure. Outdoor lighting fixtures shall not be
installed at a height greater than 12 feet from grade to the lowest
light-emitting part of the fixture, except for fully recessed soffit
lighting that otherwise complies with this section.
(2)
Freestanding pole. The Planning Board may consider heights of
outdoor lighting fixtures up to but not greater than 12 feet from
the natural grade to the lowest light-emitting part.
D.
Setback. Freestanding poles placed within 10 feet of side and/or
rear property lines shall not exceed 10 feet in height and shall have
full cutoff fixtures.
E.
Hours of operation.
(1)
Nonessential outdoor lighting shall not remain on continuously
from midnight until dawn.
(2)
Essential lighting in operation after the close of business
should be controlled by timers or motion sensors.
(3)
The Planning Board may establish hours of operation in connection
with a lighting plan and may authorize specific lighting to remain
on after the close of business.
G.
Limits of illumination.
(1)
The Village recognizes that not every situation will require
lighting, such as situations that may utilize reflectorized markers,
lines, or other passive means.
(2)
Light levels shall not exceed the minimums recommended by the
Illuminating Engineering Society for that particular use and as shown
in Tables 1 and 2[1] herein.
[1]
Editor's Note: The tables are included as an attachment to this chapter.
(3)
Light levels for sidewalks, doorways, and building approaches
shall not exceed those in Table 1.
(4)
Illumination of building facades, sculptures, or structures
is prohibited, except as approved by the Planning Board.
(5)
Light levels for parking lots, sidewalks, and other walkways
shall include light contributions from nearby sources, and shall be
expressed in footcandles on any lighting plan submitted for review
and approval.
H.
Light trespass limits.
(1)
Illuminance at or beyond a property line abutting a residential
zone, nature preserve, or waterway shall not exceed 0.05 footcandle
as measurable from any orientation of the measuring device.
(2)
Illuminance at or beyond a property line abutting a nonresidential
property or public right-of-way shall not exceed 0.1 footcandle as
measurable from any orientation of the measuring device.
I.
Additional lighting requirements for specific applications. In addition to § 197-25.6A through H, the following requirements shall apply to the specific lighting applications below:
(1)
Parking lot illumination.
(a)
All fixtures shall be full cutoff.
(b)
Light levels shall not exceed those in Table 2.[2]
[2]
Editor's Note: The tables are included as an attachment to this chapter.
(2)
Street lighting. No new or replacement street lights shall be
installed unless a determination has been made by the Village that
the purpose of the new lighting installation or replacement cannot
be achieved by reflectorized roadway markers, lines, warnings, informational
lighting or other passive means.
(a)
Any fixture used for street lighting shall be full cutoff and
angled straight downward, except that an historic-style decorative
fixture may emit up to 2% of its total lumens above the horizontal
plane.
(b)
Street lighting installed in the public right-of-way is exempt
from height restrictions and ratio of height to property lines, as
well as light trespass limits.
(c)
New and replacement street lighting installations shall not
exceed the light levels as specified in Table 3.[3]
[3]
Editor's Note: The tables are included as an attachment to this chapter.
(d)
No new lighting, other than municipal street lighting, shall
be leased, installed, or maintained by any person or agency on public
utility poles.
(3)
Bank automatic teller machine (ATM) lighting.
(a)
All fixtures shall be full cutoff and shall not cause glare
or light trespass onto adjoining properties or into roadways.
(b)
Light levels shall not exceed those established in New York State Banking Law Article II-AA, § 75-b(4), to wit, the definition for "Adequate lighting," as may be amended:
(c)
ATM and other bank lighting shall meet the required transitional
zoning requirements when located adjacent to residential zones.
(d)
The Planning Board shall consider adjacent properties when permitting
the hours of operation for ATM lighting.
(4)
Service (gas) station lighting.
(a)
All service station fixtures shall be full cutoff.
(b)
Canopy lighting shall be fully recessed so as to be flush with
the underside.
(c)
Light levels shall not exceed those in Table 4.[4]
[4]
Editor's Note: The tables are included as an attachment to this chapter.
(d)
Twenty-four-hour service stations shall be required to install
motion sensor activated lighting at the rear of buildings provided
the lighting is not triggered by off-site activity.
[Added 10-4-2018 by L.L.
No. 5-2018]
A.
Adding new or relocating outdoor lighting on nonresidential properties.
The Chief Building Inspector may issue an administrative lighting
approval for changes to outdoor lighting on nonresidential properties
if the following conditions are met:
(1)
The property has an approved lighting plan to which the proposed change is a minor adjustment (including, but not limited to, the installation of new fixtures or relocation of existing fixtures) that conforms to the outdoor lighting standards contained in Article IV.
(2)
The property does not have an approved lighting plan but is only proposing to install a minimal amount of new lighting (including, but not limited to, installations above a doorway or for an existing sign) and the proposed lighting conforms to the outdoor lighting standards contained in Article IV.
B.
New construction or additions on nonresidential properties. A comprehensive
lighting plan for the site shall be reviewed and approved by the Planning
Board for outdoor lighting which is associated with new nonresidential
construction, building expansion, and/or additions.
C.
All applications for proposed or required outdoor lighting submitted to the Village, including, but not limited to site plan review, administrative lighting approvals, subdivision approvals, or building permits shall include outdoor lighting plans, fixture and lighting control specifications, and any additional documentation required in order for the reviewing entity to verify that the preexisting or proposed outdoor lighting conforms to the provisions of outdoor lighting standards contained in Article IV.
(1)
In a case where total light output is demonstrated to not exceed
4,000 lumens and where all outdoor lighting will be fully shielded,
the Planning Board may review the general specifications in an expedited
fashion; in such case, full site plan renderings with footcandle measurements
may not be required.
D.
The following items shall accompany a lighting plan submission for
review and approval by the Planning Board:
(1)
A site plan complete with all existing and proposed structures,
parking spaces, building entrances, traffic areas (both vehicular
and pedestrian), vegetation that might interfere with lighting, indicating
with shading or highlighting all areas where pedestrians shall be
walking or where pedestrians may come in conflict with vehicles.
(2)
A detailed lighting plan shall be submitted for review and approval
for sites that will have a total lumen output of 4,000 or greater.
Said plan shall indicate:
(a)
Footcandle measurements on a grid of the site showing readings
in every five-foot square. The grid shall include the location and
installed height of each existing and proposed fixture (i.e., pole
mounted lights, wall mounted lights and lighting, including street
lights), and the overall light levels in footcandles on the entire
site.
(b)
Grid shall extend at least 20 feet beyond the site property
lines, indicating the zoning of all adjacent properties to assure
compliance with light trespass requirements.
(c)
Photometric plans shall be prepared by the fixture manufacturer
or a licensed professional (e.g., architect, landscape architect,
or engineer) and shall provide calculation of average maintained footcandles,
maximum and minimum footcandle readings, and the average to minimum
and the maximum to minimum uniformity ratios.
(3)
A description of each light fixture as depicted and identified on the site plan including the manufacturer, model number, a photograph of the fixture and a manufacturer's catalog cut-sheet, a description of the cutoff characteristics of each fixture, light output in initial lumens, and lamp type, verifying any compliance requirements specified within outdoor lighting standards contained in Article IV.
(4)
Mounting height indicated with distance to nearest property
line for each proposed and existing fixture, including pole foundation
description.
(5)
Shielding or glare reduction devices and all mounting details.
(6)
Types of timing devices or motion sensor devices used to control
the fixtures and a schedule of the proposed hours when each fixture
will be operated.
(7)
Total outdoor lamp lumens for all fixtures on the property,
calculated at initial lumen output.
(8)
A summary key table identifying the maximum, minimum, and average
light levels in footcandles as well as uniformity ratios for all parking
areas and walkways.
E.
When considering a site plan application, the Planning Board may
require the use of motion sensor devices to control lighting for illumination
of a building entrance, recreation areas, parking areas, accessways
or other such areas.
F.
A post-installation inspection shall be conducted by a qualified
lighting designer to verify compliance with the approved plan. The
applicant shall submit a certification to the Planning Board verifying
that such inspection was performed and that the installed system operates
and is in conformance with the approved plan along with a manufacturer's
cut-sheet/certification for the installed fixtures prior to the issuance
of a certificate of occupancy or other Village approval.
G.
The Village shall have the right to conduct a post-installation inspection on any property with an approved lighting plan to verify compliance with the requirements of the outdoor lighting standards contained in Article IV and, if appropriate, to require remedial action at the expense of the applicant.
H.
The Village Trustees shall consider the requirements set forth for
nonresidential uses as well as for any street lighting as described
herein when approving a Village-sponsored project.
[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.
[Added 7-6-2021 by L.L. No. 2-2021]
Notwithstanding the provisions for legally existing "small lots" pursuant to § 197-26, the following provisions shall apply to and govern all nonconforming lots, as the same are defined herein, wherever located:
A.
Proof
of preexisting single and separate ownership. A nonconforming lot
may be used and a building or structure may be erected thereon for
use in accordance with all other applicable provisions of this chapter,
the Village Code and other laws, rules and regulations if proof that
the lot has been held in continuous single and separate ownership
since before the date on which it became nonconforming is submitted
to the Building Inspector. The Building Inspector may require an abstract
of title to said lot, which abstract shall be in the usual form, shall
be certified by an attorney or title company regularly doing such
work in Suffolk County and shall contain a certification that, since
the effective date of this chapter or the amendment thereto which
renders the lot nonconforming, no contiguous property was ever owned
by an owner of the subject lot.
B.
Merger
of nonconforming lots. If at any time a nonconforming lot shall be
held in the same ownership as one or more adjoining parcels, the lot
shall lose its status as a nonconforming lot, except to the extent
that the lot created by the merger of the adjoining parcels remains
nonconforming with respect to one or more dimensional regulations
of the district in which it is situated. For the purposes of this
section, "same ownership" shall mean the deeds are held by the same
person, persons or entity, in the exact same name or names. No such
merger shall occur, however, in the following cases:
(1)
Merger by death. No merger shall hereafter result under this chapter
where the ownership of a nonconforming lot becomes the same as the
ownership of an adjoining parcel through the death of an individual
owner of one of the parcels.
(2)
Improved nonconforming parcels. No merger shall hereafter result
under this chapter where adjacent nonconforming lots that are both
improved with single-family residences are held in the same ownership.
[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,
excepting fill within a sanitary system retaining wall enclosure where
deemed appropriate by the Building Inspector and/or Planning Board,
and subject to approval by the Suffolk County Department of Health
Services.
[Amended 12-5-2019 by L.L. No. 10-2019]
[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.
[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.
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]
(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;
(f)
Areas devoted to preexisting staff housing and accommodations may
be expanded, rebuilt, extended or enlarged to the extent reasonably
necessary to bring the spaces up to modern standards and current code
requirements, provided that there is no increase in the number of
occupants or staff utilizing the spaces. Such enlargement may not
exceed 100% of the areas previously devoted to such use.
[Added 8-3-2023 by L.L. No. 9-2023]
[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]
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.
L.
Nothing in this chapter shall prevent the complete restoration within one year of a nonconforming use or nonconforming building or structure destroyed by accidental cause such as fire, flood, natural or man-made disaster, nor prevent the continuance of the use of such property, building or part thereof. An exact restoration in place and in kind, subject only to minor changes required to assure compliance with current building code requirements and construction standards, shall not be considered a reconstruction and alteration under Subsection C, nor shall it require a permit from the Zoning Board of Appeals. Any other changes to the restored building or structure shall be considered a reconstruction and alteration and subject to the provisions of Subsection C hereof.
[Added 12-3-2020 by L.L. No. 11-2020]
[Added 7-6-2021 by L.L. No. 3-2021]
A.
Expansion
of nonconforming structures generally. A nonconforming building or
structure lawfully existing on any lot, or a building or structure
which lawfully exists on a nonconforming lot, may be enlarged, reconstructed,
altered, restored, or repaired, in whole or part, provided that the
"degree of nonconformity" is not thereby increased. For the purposes
of this subsection, an increase in the "degree of nonconformity" shall
include an increase in the amount of a nonconforming building's or
structure's gross floor area which is located within a required setback
area, an increase in excess of the allowable building area lot coverage,
or an increase in any portion of a building or structure located above
the maximum height or stories permitted.
B.
Rule governing nonconforming uses. The provisions of this section do not apply to a building or structure which is used for a nonconforming use. The enlargement, reconstruction, alteration, restoration, or repair of a building or structure used by a nonconforming use shall be governed by the provisions of § 197-29.
[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.
SIGN
SIGN AREA
SIGN HEIGHT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
[Amended 4-7-2011 by L.L. No. 1-2011]
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.
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.
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:
(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.
(8.1)
Emergency service facility (ESF) sign. Notwithstanding the prohibition of internally illuminated signs in § 197-30 D(14), such entities may exhibit a need to install a sign that does not conform to other subsections herein, such as a sign that can display by internal illumination necessary life safety and emergency messaging for the health, safety and welfare of the communities in which they serve. An ESF may apply for special exception from the Village Trustees, as provided by Article VIII of this chapter, to permit one such sign with the following design guidelines:
(a)
Setback and orientation to the street. Where an ESF sign is
a ground or monument sign, it shall be setback at least five feet
from property lines and oriented perpendicular to the flow of vehicular
travel.
(b)
Area. The maximum area shall not exceed 25 square feet.
(c)
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.
(d)
Size of lettering. Lettering in the B-1 and HC Zoning Districts
shall not exceed 10 inches in height; in all other zoning districts
12 inches in height.
(e)
Internal illumination and/or digital displays may be permitted
subject to the restriction that all messaging shall be noncommercial
and in service of the ESF or community health and safety functions.
Messaging should be non-animated and should not change frequently
to avoid distraction of passing drivers.
(f)
Architectural review. An ESF sign application need not obtain approval from the Architectural Review Board (ARB) per § 197-30F(1)(d); however, the Board of Trustees may elect to refer the application to the ARB for review and recommendation as part of the special exception application review process.
(g)
Nothing in this subsection is to be construed to prohibit the permitted installation of a second conforming sign as provided by and in accordance with § 197-30C(20) or § 197-30C(21), but not to exceed the maximum of two permitted signs for the subject property. In the event where there are two signs, the combined total area of signs shall not exceed an area of one foot times the width of the storefront of the building.
(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]
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(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:
(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:
(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)
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.
[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.
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]
A camping ground shall not be permitted in any
district. A house trailer may be permitted only as hereinabove provided.
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]
(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.
GROUND FLOOR
As used in this section, the following terms shall
have the meanings indicated:
[Amended 5-14-1982 by L.L. No. 9-1982]
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 30%.
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; 7-6-2021 by L.L. No. 4-2021]
(1)
In
the R-3 zoning district where lot areas exceed the minimum required
within the district, exclusive of all areas south of the crest of
the northerly dune and all areas designated as tidal wetlands by the
New York State Department of Environmental Conservation, dwellings
shall be entitled to increase the allowable floor area 1,000 square
feet per 20,000 square feet of lot area, up to a maximum floor area
of 9,000 square feet.
[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 not
be located in the front or side yard.
[Amended 8-1-2019 by L.L.
No. 5-2019]
B.
Resident District 3.
[Amended 8-1-2019 by L.L.
No. 5-2019]
(1)
In the Residence District 3, accessory buildings, structures, tennis
courts and swimming pools shall not be located in the side 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 not be permitted in the front or side yard, except
that tennis courts and swimming pools with an attached deck and cabana
shall also be permitted in the front 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.
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]
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]
[Added 1-10-1969; amended 4-7-2022 by L.L. No. 4-2022]
A.
A roof
overhang not exceeding 24 inches shall not be considered in computing
compliance with building area lot coverage and/or yard setback requirements.
B.
Chimneys
may protrude beyond the maximum height and/or minimum yard setback
requirements up to 24 inches.
C.
Uncovered
front or rear entry stairs shall not be considered in computing compliance
with building area lot coverage and/or yard setback requirements.
D.
In the
R-2 and R-4 Zoning Districts only, covered but unenclosed front entry
porches on the first story may encroach up to five feet into a required
front yard setback.
[Added 8-4-2022 by L.L. No. 9-2022]
A.
Projections/encroachments permissible as provided in Subsection B of this section are subject to the following conditions:
(1)
Permissible encroachments under this section are licenses that
are revocable by the Village at the Village's discretion.
(2)
Permissible encroachments are subject to all applicable provisions
of the Code of the Village of Westhampton Beach, specifically requirements
of a certificate of occupancy, building permit, site plan approval
and/or special exception as necessary.
(3)
A license agreement detailing all applicable terms and conditions
between the Village and the subject property owners and their successors,
in a form approved by the Village Attorney, must be approved by the
Board of Trustees and recorded against the subject property.
(4)
The subject property owner shall indemnify the Village from
any liability or maintenance of the encroachments and hold the Village
harmless from any losses or damages associated with permitted encroachments.
The indemnity and hold harmless shall be in a form of document approved
by the Village Attorney.
(5)
The Village Board of Trustees reserves the right to deny any
proposed permitted encroachments and to revoke or discontinue any
license agreement for such encroachments upon reasonable notice from
the Village.
(6)
In the event that the subject building is demolished, reconstructed
or altered to where the permitted encroachments are removed from the
public right-of-way, any prior approval or license agreement shall
terminate.
B.
In the B-1 Zoning District only, the following projections/encroachments
into the Village owned right-of-way may be considered for a license:
(1)
Architectural features. Columns, pilasters, cornices, moldings,
belt courses and similar decorative projections may project not more
than four inches when less than eight feet above the adjacent sidewalk.
Such encroachments may project one additional inch for every additional
foot in height over the eight feet, up to a maximum of 12 inches.
(2)
Awnings. Affixed awnings may encroach up to two feet provided
the lowest part of the awning structure, including any brackets/supports,
is at least 7.5 feet above the walking surface and/or steps below.
(3)
Gutters. Gutters, scuppers, leaders and similar stormwater management
features may project up to six inches into the right-of-way.
[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.
[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.
[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.
TEMPORARY
As used in this section, the following terms shall
have the meanings indicated:
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.
[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.
[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.
[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]
[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.
[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.
ANTENNA
ANTENNA SUPPORT STRUCTURE
APPLICANT
APPLICATION
BASE EQUIPMENT
CO-LOCATION
DISTRIBUTED ANTENNA SYSTEMS ("DAS")
ENGINEER
EQUIPMENT CABINET/EQUIPMENT SHELTER
EXISTING STRUCTURE
FAA
FALL ZONE
FCC
HEIGHT
MODIFICATION
(1)
(2)
MONOPOLE
NIER
ORDINARY MAINTENANCE
OWNER
PERSON
PERSONAL WIRELESS SERVICES
PROVIDER
PUBLIC OR MUNICIPAL USE
RADIO FREQUENCY (RF) ENGINEER
RECOGNIZED HISTORICAL AREAS
STEALTH
TOWER
VIEWSHED
WIRELESS TELECOMMUNICATIONS FACILITY(IES)
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:
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.
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.
Any person or entity with an application before the Village
for a permit for any wireless telecommunications facility.
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.
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."
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.
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.
Any engineer licensed by the State of New York.
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.
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.")
The Federal Aviation Administration.
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.
The Federal Communications Commission.
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower.
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.
MAJOR MODIFICATIONImprovements 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.
MINOR MODIFICATIONImprovements 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.
A single, freestanding pole-type structure supporting one
or more antennas. For purposes of this section, a monopole is considered
a type of tower.
Nonionizing electromagnetic radiation.
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.
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.
Any natural person, firm, partnership, association, corporation,
company or other legal entity, private or public, whether for profit
or not for profit.
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.
Any carrier or provider of wireless services.
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.
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.
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.
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.
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.
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.
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.
[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 § 197-25.5.
[Amended 10-4-2018 by L.L. No. 5-2018]
(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.
(10)
Woven wire fences, such as deer fence, may be erected along
side and rear property lines up to a height of eight feet, provided
they are installed wholly within vegetative buffers and designed to
have minimal visual impact. Such fence wire must be exterior coated
or be of an exterior grade material (e.g., plastic/vinyl mesh), be
darkly colored, be no thicker than 12 gauge (7/64 inch), and affixed
to darkly colored stakes with dimensions no greater than 1 1/ 2 inches
by 1 1/2 inches.
[Added 11-5-2020 by L.L. No. 10-2020]
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]
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.
[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.
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[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.
[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:
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.
[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.
[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.
[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.
[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.
[1]
Former § 197-48.2, Permitted densities in multiple dwellings
and hotels, added 2-14-2000 by L.L. No. 1-2000, as amended, was repealed
1-3-2019 by L.L. No. 1-2019.
[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.
[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.
[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.
[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.
[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.
[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.
