A.
Uses in any district. In addition to the use regulations set forth in each district in Article III, the following general use regulations shall apply to all districts:
(1)
Special restrictions on incompatible uses. Nothing
in this chapter shall be construed to permit any use or occupancy
that:
(a)
Is or may reasonably be expected to be obnoxious
or offensive by reason of causing or emitting dust, garbage, gas,
noise or vibrations, odor, radiation, refuse matter, smoke or waterborne
waste;
(b)
Is dangerous or harmful to the health, safety,
peace or comfort of the community;
(c)
Tends to disturb or annoy residents of the Village;
(d)
Tends to constitute a public or private nuisance
by reason of unusual use or appearance which is disharmonious with
the character of the neighborhood; or
(e)
Involves any explosion menace or any serious
fire hazard.
(2)
Uses specifically prohibited. In addition to the prohibitions referred to in § 205-9H, the following uses shall be specifically prohibited in all districts:
(a)
Abattoirs; agricultural or horticultural processing
industries; and manufacturing or fabrication of products.
(b)
Commercial uses, including but not limited to
dairying, poultry raising/livestock raising, kennels and stables.
(c)
Commercial farming, horticultural nursery, greenhouse,
vineyards, cutting of native trees and sawing of timber, excavation
of gravel, soil, sand and other mineral deposit and stripping of sod
or topsoil.
(d)
Commercial recreation, including polo field,
riding club, hockey rink, tennis, racquet or health club, golf course
and similar activities conducted as a business or available to the
general public for a fee.
(e)
Farms for the disposal of garbage or offal;
places for the disposal of sewage or rubbish; hog ranches; pig and
livestock feeding farms; and small animal and fur farms.
(f)
Laboratory or experimental station, except as
an incidental use on the same premises as a college to which such
use is accessory.
(3)
Mobile dwelling units. No mobile dwelling unit shall
be used and occupied for overnight dwelling purposes while stored
or parked in any district.
[Amended 5-15-2007 by L.L. No. 5-2007]
(4)
Any other use not specifically permitted by this chapter
shall be prohibited.
B.
Building on lot. Each building or structure hereafter erected or altered shall be located on a lot as defined in Article II. In no case shall there be more than one principal use or one main building and its accessory building or buildings on one lot.
C.
Street frontage. Each principal use, dwelling or other main building or structure hereafter erected or altered shall be located upon a lot so as to have unobstructed street frontage upon a street as defined in § 205-7.
D.
Lawful easements. Nothing herein contained shall be construed to prohibit a lawful easement or the lawful extension of service lines of public utilities and municipal facilities from such easement, power line right-of-way or abutting street into the property to be served by such utilities or facilities, subject to the requirements of the definition of "lot area" in § 205-7.
A.
Lot size. No lot or parcel of land on the effective
date of this chapter shall be reduced in any manner below the minimum
lot size required by this chapter. No nonconforming lot shall be reduced
in any manner below its existing size and dimensions. The minimum
lot areas required by this chapter shall be considered the minimum
for each and every dwelling unit or main building devoted to a principal
use existing at the effective date of this chapter and for any dwelling
unit or other main building hereafter erected or altered.
B.
Unobstructed yards. No required yard shall be diminished or maintained with lesser dimensions than those prescribed by this chapter. Every part of a required yard shall be open and unobstructed to the sky, except as provided in Subsection D.
C.
Permanence of lot size and open space. No land required
for yard, open space or lot area for a dwelling unit or for any other
principal use, building or structure, whether existing or to be established
in the future, in order to comply with the provisions of this chapter,
shall be considered as a yard, open space or lot area for any other
dwelling unit, building or structure, nor shall any yard, open space
or lot area for a dwelling unit on an adjoining lot be considered
as providing such yard, open space or lot area for a dwelling unit
or any other building or structure on a lot upon which a building
is to be erected.
[Amended 9-19-2000 by L.L. No. 1-2000]
D.
Yard requirements and exceptions. Except as otherwise
specifically provided by these regulations, no building or structure
or part thereof shall extend or project into a yard required by this
chapter.
(1)
Projections. The following projections into required
yards are permitted, provided that the maximum projection specified
hereinbelow shall not be exceeded:
(2)
Other structures. Nothing herein shall be construed
to prevent the construction and maintenance of access driveways, garden
walks and similar at-grade accessory or appurtenant facilities nor
of accessory subterranean facilities, such as a private sanitary system,
in a required yard, provided that they are set back at least 10 feet
from a boundary line.
E.
In order to protect adjoining property owners and
natural habitat, buffer areas shall be preserved on lots where new
construction is proposed, and existing buffer areas shall be maintained
on all lots.
[Added 1-26-2006 by L.L. No. 2-2006]
(1)
The property owner may incorporate new plant materials
in the buffer areas so long as the new plantings do not adversely
affect the existing vegetation. However, no existing live tree or
shrub of any size shall be removed from the buffer areas without first
filing an application with and securing approval from the Architectural/Site
Plan Commissioner (ASPC).
(2)
No driveway shall be permitted in any buffer area.
(3)
Only boundary line fences that have a transparency
factor of at least 60% may be located in buffer areas, provided there
is no unnecessary destruction of vegetation.
(4)
The ASPC may approve modifications of buffer areas
to improve visibility for vehicles.
A.
Height inclusion and exception. The height limitations of this chapter set forth in § 205-10E shall not apply to the following structures:
(1)
A spire, cupola, tower, pinnacle or similar structure
serving as an architectural embellishment may exceed the height prescribed
for the district in which it is located upon approval by the Board
of Appeals.
(2)
A chimney may be erected to a height not more than
five feet higher than the maximum permitted height of a building.
(3)
An accessory radio, television or other antenna, other
than a satellite dish antenna, may be erected to a height not more
than 10 feet in excess of the height prescribed by these regulations
upon approval of the plans by the Building Inspector.
(4)
Freestanding flagpoles which do not exceed 40 feet
in height.
[Amended 7-27-1999 by L.L. No. 1-1999]
(5)
Wireless telecommunication services facilities when
such structures are otherwise permitted by approval of the Board of
Appeals.
[Added 9-19-2000 by L.L. No. 1-2000]
B.
Height of units of building. Whenever a building or
structure or portion thereof is constructed on sloping ground or at
different levels, the height of the building and of each such portion
shall be measured from the mean natural grade surrounding each unit
of building and measured vertically to the highest part of the building.
[Amended 7-27-1999 by L.L. No. 1-1999]
A.
Accessory signs. A sign (as defined in Article II) located on a lot or land or on a building or structure for the purpose of identification or protection of the same or for directing attention to a use lawfully conducted on the premises shall be deemed to be accessory and incidental to such land, building or structure.
B.
Signs requiring a sign permit. A sign greater than two square feet in area, and any illuminated sign before such sign is displayed or illuminated, except any sign listed in Subsections C and D below, shall not be placed on land or on a building unless the Board of Appeals, upon application and after public notice and hearing, grants approval for such sign and a sign permit is duly issued for the same by the Building Inspector. For the purpose of these regulations, "area" as applied to the size of a sign shall mean the maximum projected area of the oblong, parallelogram or other shape which encloses the sign structure, device or representation.
C.
Signs requiring no permit. No permit shall be required
for any of the following accessory signs which may be displayed in
any district:
(1)
A nonilluminated nameplate, which may have reflecting
letters, bearing the name of the occupant or professional person residing
on the premises, provided that such sign shall not exceed two square
feet in area.
(2)
One temporary sign pertaining to the sale or rental
of land or property on which it is displayed, provided that such sign
shall not exceed two square feet in area, shall not project beyond
the required front yard setback line, shall not be illuminated and
shall be removed within three days after the sale or rental of the
land or property.
(3)
A nonilluminated informational or directional sign
or historic marker erected by a public agency and any similar sign
located within a public park, playground or reservation and erected
and maintained therein by the public agency having jurisdiction over
such park, playground or reservation, provided that no such sign shall
exceed 10 square feet in area, subject to approval of the Village
Board of Trustees.
(4)
Municipal signs necessary to the public welfare of
the Village, after approval of the Village Board of Trustees, and
official notices displayed at or under the direction of any public
or court officer in the performance of his official duties, provided
that such notices shall be removed not later than five days after
their purpose is accomplished.
D.
Sign application requirements.
(1)
Written application for a sign permit shall be made, by the owner or his authorized agent, to the Building Inspector and shall be accompanied by plans and detailed information, including the sign's exact location on the building or land, its area and dimensions, methods and materials to be used in its construction and support and the precise manner of illumination, if any is proposed. The Building Inspector shall refer the application to the Board of Appeals for action pursuant to Subsection B.
(2)
All signs shall be designed, installed and maintained
in a safe condition, in accordance with the New York State Uniform
Fire Prevention and Building Code and applicable ordinances of the
Village.
[Amended 9-19-2000 by L.L. No. 1-2000]
(3)
Any nonilluminated institutional sign or bulletin
board erected upon the premises and maintained by a church, club,
private institution or public agency shall not project beyond the
building lines nor exceed 16 square feet in area.
(4)
Not more than one sign shall be used for each use
or activity coming within the provisions of this section, except as
otherwise permitted herein.
(5)
A nameplate or sign may be attached to the dwelling
to which it is accessory or to a post, which may be located within
the front yard, provided that such post shall not exceed four feet
in height nor extend nearer than 10 feet to the street line. Any other
type of permitted sign shall be attached to the building to which
it is accessory, except as may otherwise be specifically approved
by the Board of Appeals.
(6)
Upon application, and after public notice and hearing,
the Board of Appeals may approve, subject to such conditions as it
may prescribe, a permitted sign on a freestanding structure or the
nonflashing illumination of an institutional bulletin board or sign
or of a municipal or public sign, provided that the Board finds that
such freestanding sign or such illumination, as the case may be, is
reasonably necessary for the public convenience and will not adversely
affect the character of adjacent property, and provided that such
illumination shall be by indirect lighting, with the source thereof
so shielded as to prevent glare, and provided, further, that, except
for a nameplate, no such sign shall be located beyond the building
line.
E.
Prohibited signs. The following signs shall be prohibited
in all districts:
(1)
Advertising sign, as defined in Article II, and any sign not specifically permitted hereinabove.
(3)
Any sign of which all or any part is in motion by
any means, including fluttering, rotating or other moving signs set
in motion by movement of the atmosphere.
(4)
A sign displaying flashing or intermittent lights
or lights of changing degrees of intensity and illuminated tubing
or strings of lights outlining roof lines, doors, windows or wall
edges of any building.
(5)
Any sign that interferes with or obscures a sign displayed
by public authority for traffic instructions or direction or other
public information.
(6)
Any sign that produces or causes any direct glare
into a street or into or upon any residence property or dwelling unit.
(7)
Any business sign on a street or highway.
A.
Uses. An accessory use, as defined in § 205-7, shall be subject to the following general regulations:
(1)
Any accessory use shall be used, operated, occupied
and maintained under the same ownership or by the same lessee as that
of the principal permitted use on the premises to which it is accessory.
(2)
Such accessory use shall not involve nor include any
use, building, structure or structural feature inconsistent with the
principal permitted use.
(3)
No accessory use shall be permitted and no accessory
building or structure shall be located on any lot or land prior to
the time of the establishment of the principal use or of the construction
of the main building to which it is accessory, as the case may be.
(4)
Any artificial body of water shall be equipped with
an effective aeration or filtration system to prevent unpleasant odors
and a breeding place for mosquitoes and other undesirable insects.
[Added 12-21-1998 by L.L. No. 4-1998]
B.
Keeping of animals and fowl for domestic purposes.
(1)
Only occupants of a dwelling in any district shall
be permitted to keep horses or livestock for their personal use, provided
that there is compliance with the following standards and conditions:
(a)
No such use shall be permitted on lots having
an area of less than one acre.
(b)
The number of horses and livestock and the number
of stalls and structural facilities reasonably necessary for the shelter
of the same permitted on each lot shall not exceed the following:
[1]
For lots having at least two acres in area,
two horses or livestock (in any aggregate combination) for the first
acre of lot area plus one additional horse or livestock for each additional
full acre of lot area.
(c)
Any such horses or livestock shall be owned
in fact as well as in name solely by the resident occupants of the
lot, who shall, upon written request of the Building Inspector, produce
a sworn affidavit and other reasonable evidence of said ownership.
(d)
The boarding or keeping of horses or livestock
owned by persons other than those who are the residence occupants
of any lot is strictly prohibited.
(e)
All grain-type feed shall be kept in rodent-proof
metal containers.
(f)
Manure shall not be stored within 150 feet from
any boundary line and shall be stored and treated in such a manner
so that it shall not create any odor or attract or harbor any rodents,
flies or other insects.
(g)
The location of stables, barns and sheds used to shelter horses and livestock shall be subject to the setback requirements for accessory buildings as set forth in § 205-10E plus an additional 25 feet, except that any private riding ring, private paddock, corral or other roofless enclosure for horses and livestock and any unenclosed area for their unattended maintenance shall be located not less than 20 feet from any side or rear boundary line and 75 feet from any front boundary line.
(h)
No person shall keep more than four horses or
livestock on any one lot irrespective of its area in any district
unless the same is authorized and approved by the Board of Appeals.
(2)
Small animal pens and enclosures shall be adequately
fenced to a height of at least six feet, and such pens and enclosures,
as well as any other accessory building, structure or enclosure, used
for the keeping of bees and other domestic animals shall be located
at least 75 feet from the rear or side lot line and at least 100 feet
from any street, except that a dog kennel housing five dogs or more
shall be located at least 500 feet from any lot line.
(3)
Conditions under which horses, cows, sheep or domestic
fowl, birds and small animals are kept shall be such as may be specified
or required by the County Department of Health or by other ordinances
of the Village.
C.
Fertilizers and compost. No compost shall be made
or stored nor shall any fertilizer be stored within 100 feet of any
lot line unless kept in an airtight storage container.
E.
Location of and restrictions on accessory uses, buildings,
structures or facilities.
(1)
No accessory use, building or structure shall be located
within the applicable minimum yard prescribed by this chapter, except
as may otherwise be approved by the Board of Appeals or as may otherwise
be specifically provided herein.
(2)
There shall be only one curb cut or driveway access
to a lot.
(3)
A driveway may be located within a required yard,
provided that it is set back at least 10 feet from any side or rear
lot line.
(4)
Off-street parking areas shall not be located in a
required front yard nor less than 10 feet from any lot line of a side
or rear yard.
(5)
Any uses or buildings accessory to parks or reservations
may occupy in the aggregate an area which shall not exceed the maximum
building cover permitted in the district.
(6)
No tennis or other athletic court shall be illuminated
by artificial lighting to facilitate its use, nor shall such courts
be used before 8:00 a.m. or after 9:00 p.m.
(7)
Buildings and structures accessory to parks or a reservation
shall comply with all yard requirements of this chapter for a main
building in the particular district in which they are located.
(8)
Any existing freestanding aboveground electrical service
meter structure which, prior to September 1, 2000, was improperly
located in violation of the applicable minimum yard regulations may
continue to remain in its existing location provided it is concealed
from the street and adjacent properties by live evergreen planting,
provided such planting is installed no later than May 31, 2001. The
provisions of this subsection shall not apply to utility poles or
overhead wires.
[Added 9-19-2000 by L.L. No. 1-2000]
(9)
Any aboveground electrical, telephone or cable television
apparatus or structure located within the right-of-way of a public
or private street shall be concealed from view, to the extent practicable,
by live evergreen planting by the owner of such apparatus or structure.
Live evergreen planting for existing apparatus or structures shall
be installed and maintained no later than September 1, 2001. The provisions
of this subsection shall not apply to utility poles or overhead wires.
[Added 9-19-2000 by L.L. No. 1-2000]
A.
Off-street facilities required. In all districts in
which the types of buildings and uses specified hereinafter are permitted
by this chapter, off-street parking and off-street loading facilities
in connection with uses hereafter commenced or buildings hereafter
erected or altered shall be provided in amounts not less than hereinafter
specified.
B.
Schedule of required off-street parking. The minimum
amount of required number of off-street parking spaces by use classification
is set forth in the following schedule:
|
Type of Building or Use
|
Number of Spaces Required
| |
|---|---|---|
|
Single-family detached dwelling
|
2 per dwelling unit
| |
|
Academic school (#)
|
2 per classroom plus 1 per office plus off-street
loading area for pupils
| |
|
Church
|
1 per 4 seats
| |
|
Clubhouse (*)
|
1 per 4 seats plus 1 per 200 square feet of
floor area
| |
|
College (#)
|
1 per classroom plus 1 per office plus off-street
loading area for students
| |
|
Recreation area
|
1 per 5 persons anticipated at time of peak
use
| |
|
Auditorium (school and college)
|
1 per 4 seats; if seats are not fixed, 1 per
100 square feet of floor area
| |
|
Monastery, convent or novitiate
|
1 per classroom plus 1 per office
|
|
NOTES:
| ||
|---|---|---|
|
(a)
|
In the above schedule, the term "type of building
or use" shall also include buildings or uses similar to those listed.
| |
|
(b)
|
For the purpose of this section, "floor area"
shall mean the gross floor area of the particular use or floor area
devoted to rooms for human occupancy, service or assembly, as the
case may be. The term "floor area" shall not include permanent storage
area nor space used for toilets, rest rooms or utilities.
| |
|
(c)
|
In the above schedule, any building or use noted
(*) shall provide one parking space for each two employees at peak
shift, in addition to the space required under Column 2 of said schedule.
| |
|
(d)
|
In the above schedule, any building or use noted
(#) which has an auditorium, assembly hall or similar use shall also
provide parking space equivalent in the aggregate to the requirements
of "auditorium" in the schedule.
| |
C.
Calculation of parking space.
(1)
For the purposes of this section, "parking space"
shall mean an area of not less than 180 square feet, exclusive of
drives or aisles giving access thereto, for the parking of automobiles.
When the computation to determine the number of required spaces results
in a requirement of a fractional space, any fraction up to and including
1/2 shall be disregarded, and fractions over 1/2 shall require one
parking space.
(2)
In the case of a use not listed in the schedule, the
requirements for off-street parking for a use listed and to which
said use is similar shall apply. In the case of mixed uses, the requirements
shall be the sum of the various uses computed separately, and off-street
parking for one such use shall not be considered as providing required
spaces for any other use, except as otherwise specified hereinbelow.
(3)
Nothing in this section shall be construed to prevent collective provision of off-street parking facilities for two or more buildings or uses, subject to § 205-18, provided that the total spaces shall be not less than the sum of the requirements for the separate uses in accordance with the schedule, except that when the Board of Appeals finds that two uses are occupied or used at different times of the day or week, it may approve the number of spaces prescribed for the use with the greatest requirements.
D.
Location of parking spaces. The off-street parking
space required for single-family dwellings may be located in a private
driveway or garage. In all districts, the off-street parking facilities
required for the uses specified in this section, and for other similar
uses, shall be on the same lot or parcel of land as the building or
use they are intended to serve.
E.
Design and layout.
(1)
The design and layout of any off-street parking facility, except for single-family detached dwellings, shall be approved pursuant to § 205-18 prior to issuance of a permit.
(2)
All off-street parking facilities required by this
section shall be paved, marked, drained, lighted and maintained by
the owner or lessee in accordance with specifications of the Village,
and such facilities shall be arranged for convenient access and safety
of pedestrians and vehicles. In the interest of safety, such facilities
shall have adequate means of access to and egress from a street.
(3)
The paved surface of a parking area shall not extend
nearer than 20 feet to any property line. Whenever a parking area
for a nonresidential use abuts on or is opposite a residential property,
the Board of Appeals may require the applicant to install and maintain
fencing and/or screen planting of a character and in such location
as it may deem adequate to screen the parking area from residential
property. In such locations, any lighting installations shall be arranged
so as to avoid the reflection and glare of such lighting onto the
abutting or neighboring residential property.
F.
Permanence of facilities. No required open space in
an off-street parking facility shall be encroached upon by buildings,
storage or any other use, nor shall the required number of parking
spaces be reduced, except upon formal approval of the Board of Appeals
and then only after proof that, by reason of diminution in floor area,
seating capacity or change in other requirements, the proposed reduction
is reasonable and consistent with public convenience and safety.
G.
Off-street loading. For any building or premises used
for institutional or similar purposes, the Board of Appeals shall
determine the requirements, if any, in addition to off-street parking,
for areas needed to accommodate off-street loading of goods and materials.
Whenever, in the opinion of the Board, separate off-street loading
space is required for safety and convenience, it may specify the number,
location and size of berths and accessways thereto to be installed
and maintained on the premises.
[Amended 8-16-2004 by L.L. No. 2-2002]
A.
Building permit, height measurement and location.
(1)
A building permit shall be required for all fences,
gates, gateposts, entry piers and walls the height of which shall
be measured from the natural ground level at the base of the structure.
(2)
The provisions of this chapter shall not be deemed
to prohibit any necessary retaining wall nor to prohibit a fence,
gate, gatepost, entry pier, wall or structure in the nature of a fence
(except enclosures for animals) in a required yard.
B.
Fences and walls on historic roads, any fence, wall, gate, gatepost or entry pier constructed on a lot which is adjacent to a historic road of the Village (Chicken Valley Road, Mill River Road, Oyster Bay - Glen Cove Road, Piping Rock Road, Planting Fields Road, Remsen's Lane, Ripley Lane, Wheatley Road, and Wolver Hollow Road) designated in § 177-6 of this Code shall be subject to the following requirements:
(1)
No fence or wall on or within 10 feet of a lot line
that is entirely contiguous to a historic road or on or within 10
feet of that portion an interior side line of a lot between the building
line of the principal dwelling on the lot and any historic road shall
exceed four feet in height.
(2)
The height of a gate, gatepost or entry pier shall
not exceed six feet.
(3)
No decorative lantern or finial for a gatepost or
entry pier shall exceed 12 inches in height measured the top of the
gate, gatepost or entry pier, but in no event shall the total height
of the gate, gatepost or entry pier, including the decorative lantern
or finial, exceed the height of six feet six inches.
(4)
Only traditional-style fence-like structures in keeping
with the historical country-like ambience, atmosphere and appearance
of the neighborhood shall be permitted. Traditional fence-like structures
shall include, but shall not be limited to: post and rail fences,
stockade fences, three- to four-rail board fence, wrought-iron fences,
picket fences, stucco walls, fieldstone walls, and similar-styled
structures. A traditional style fence-like structure shall be colored
white, black or a subdued natural-like color and have no shiny or
reflective surface.
C.
Fences and walls on nonhistoric roads.
(1)
No fence or wall shall exceed six feet six inches
in height.
(2)
No gate, gatepost or entry pier shall exceed a height
of seven feet.
(3)
No decorative lantern or finial for a gate, gatepost
or entry pier shall exceed 18 inches in height measured from the top
of the gate, gatepost or entry pier, but in no event shall the total
height of the gate, gatepost or entry pier, including the decorative
lantern or finial, exceed seven feet six inches.
D.
Visibility at intersection. On a corner lot, no fence,
wall, hedge or other structure or planting more than two feet six
inches in height, measured from the curb or ground level along the
property line, whichever is higher, shall be erected, planted or maintained
within the triangular area formed by the intersecting street right-of-way
lines and a straight line joining said right-of-way street lines at
points 30 feet distant from the point of intersection. Nothing herein
contained shall apply to existing or native trees, provided that no
branches are nearer than six feet to the ground.
E.
Design of fences and walls. The design, color, texture
and proportion of any fence, gate, gatepost, entry pier or wall shall
be approved by the Architectural/Site Plan Commissioner prior to the
issuance of a building permit for and the construction of such structure.
