Port Washington North
City Zoning Code
City Zoning Code
ARTICLE XVII
Parabolic Antennas
§ 176-186 Purpose.
The Board of Trustees is cognizant of the proliferation of parabolic antennas, both for residential and commercial purposes. The Board of Trustees is also aware of the Federal Communications Commission's limited preemption of local municipal regulations of parabolic antennas. However, the Board of Trustees believes that for purposes of aesthetics and to protect the public health, safety and general welfare, certain minimum standards must be established allowing for variances as may be reasonable, safe and necessary to simultaneously provide for those members of the public who seek to place a parabolic antenna upon their premises but cannot comply with such restrictions.
§ 176-187 Use permitted by special exception; application procedure.
No parabolic antenna shall be permitted in the Village of Port Washington North, except when permitted as a special exception by the Board of Appeals of the Village of Port Washington North (hereinafter referred to as the "Board") upon proper written application and after a public hearing on published notice, in accordance with the following provisions:
A.
Such application shall be in the form provided by the Village Clerk and shall include:
(1)
The name of the owner of the subject premises;
(2)
The street address and tax map designation of the subject premises;
(3)
The use or uses of the subject premises;
(4)
The number of existing parabolic antennas on the subject premises and the use of each such parabolic antenna;
(5)
The number of proposed parabolic antennas on the subject premises and the proposed use of each such parabolic antenna;
(6)
The manufacturer, model and complete physical description, including the size and weight, of each proposed parabolic antenna, guy wires, supporting structures and accessory equipment, if any, to be used in conjunction therewith;
(7)
The field and strength of any microwave radiation hazard emanating from each of the proposed parabolic antennas;
(8)
The name of the firm or contractor who will be installing each of the proposed parabolic antennas; and
(9)
An affirmation by the owner of the subject premises of the truth of the foregoing information.
B.
Such application shall be accompanied by:
(1)
A site plan which shall show:
(a)
The subject premises and all other premises within 100 feet of each of the proposed parabolic antennas;
(b)
All existing buildings and other structures, including parabolic antennas, on the subject premises and all other premises within 100 feet of each of the proposed parabolic antennas;
(c)
The proposed parabolic antennas, guy wires, supporting structures, accessory equipment and proposed screening by existing or proposed (proposed to be labeled) trees, shrubs, fences or other material;
(d)
Topography, if appropriate, as may be requested by the Board;
(e)
The reception and/or transmission window; and
(f)
The field of microwave radiation hazard, if any.
(2)
An engineer's certificate as to:
(a)
The field and the strength of any microwave radiation hazard emanating from each of the parabolic antennas; and
(b)
The integrity of each of the proposed installations, taking into account both the weight of the parabolic antenna to be installed and the effect of wind loads and lightning on the structure.
C.
Upon application to the Board, the provisions of this section may be waived upon a showing of hardship or lack of relevance, so long as the public health, safety and welfare can be maintained.
§ 176-188 General standards.
A.
The Board, in approving said application, may impose such additional regulations and restrictions as it believes proper in particular circumstances to assure the public health, safety and welfare and, in any event, shall require and provide the following minimum restrictions, unless there is a showing of practical difficulty or unnecessary hardship and a variance will not adversely affect the public health, safety, welfare or the aesthetics of the character of the community:
(1)
No parabolic antenna shall be placed in a front yard;
(2)
No parabolic antenna shall be so located that its field of microwave radiation, if any, is not totally within the boundary lines of the subject premises;
(3)
Fences and warning signs shall be provided and maintained in such a manner as to protect employees and the public, including children who may come upon the subject premises, invited or otherwise, from the proposed parabolic antenna's field of microwave radiation, if any;
(4)
The parabolic antenna shall be mounted and maintained in such a manner as to withstand reasonably expected wind loads and be adequately grounded as protection against being struck by lightning;
(5)
In Residence A-1, Residence B and Residence C Districts of the Village:
(a)
No parabolic antenna shall be located in a side yard;
(b)
No parabolic antenna shall be located within 20 feet of an adjacent property;
(c)
There shall not be more than one parabolic antenna on the premises for each one-family dwelling permitted on the premises;
(d)
No parabolic antenna shall exceed eight feet in diameter;
(e)
No parabolic antenna, guy wires, supporting structures and accessory equipment used in conjunction therewith shall exceed 12 feet in height (such height to be measured from the lower of the existing grade at the location of the parabolic antenna or the average curb level of all adjacent streets); and
(f)
Screening shall be provided and maintained by trees, shrubs and/or fencing to provide a complete visual barrier from adjacent residential properties at least to the height of the parabolic antenna;
(6)
In districts of the Village other than Residence A-1, Residence B or Residence C Districts:
(a)
No parabolic antenna shall be located within 100 feet of an adjacent property;
(b)
No parabolic antenna shall exceed 40 feet in diameter;
(c)
No parabolic antenna, guy wires, supporting structures and accessory equipment used in conjunction therewith shall exceed 50 feet in height (such height to be measured from the lower of the existing grade at the location of the parabolic antenna or the average curb level of all adjacent streets); and
(d)
Screening shall be provided and maintained by trees, shrubs and/or fencing to provide a complete visual barrier from adjacent residential properties at least to the height of the parabolic antenna, but in no event must such screening be higher than 20 feet.
§ 176-189 Satellite earth station antennas.
[Added 8-12-1996 by L.L. No. 2-1996]
A.
A satellite earth station antenna that is two meters or less in diameter and is located or proposed to be located in any area of the Village where commercial or industrial uses are generally permitted, is permitted as of right, without any permit from the Village being required therefor; and
B.
A satellite earth station antenna that is one meter or less in diameter and is located or proposed to be located in any area of the Village is permitted as of right, without any permit from the Village being required therefor.