Regulations governing lot area and lot width; front, side and rear yards; and building coverage and building height are specified in Schedule A and in the additional regulations of this article and are supplemented by the regulations of other sections of this chapter. Schedule A accompanies and, with all explanatory matter thereon, is hereby made a part of this chapter.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
A.
Existing lots of record. A single-family structure
may be constructed on any lot in any residence district even if said
lot has less than the minimum area required for building lots in the
district in which it is located, subject to the following conditions:
(1)
Adjoining vacant land. The owner of said lot owns
no adjoining vacant land which would create a conforming lot if combined
with the lot which is deficient in area.
(2)
Side yards. Any structure erected on a nonconforming
lot shall have a minimum side yard of three feet, or a minimum side
yard of 10 feet adjacent to a side street lot line.
(3)
Front and rear yards. Any structure erected on a nonconforming
lot shall have front and rear yards conforming to the minimums required
for the residence district in which said lot is located, except as
said lot may meet the conditions set forth in this section of this
chapter.
B.
Lot width. The minimum width of any lot shall be measured
along the minimum building setback line required for the district
in which it is located.
C.
Reduction of lot area. The minimum yards and open
spaces, including lot area per family, required by this chapter shall
not be encroached upon or considered as yard or open space requirements
for any other building, nor shall any lot be reduced below the district
requirements of this chapter.
D.
Number of dwellings on lot. Two permanent residential
structures on one lot, other than group housing, shall be prohibited
unless lot area and yard requirements are met for each dwelling, including
required street frontage.
E.
Corner lot. On a corner lot in any district where
a front yard is required, a yard shall be provided on each street
equal in depth to the required front yard on each such street. One
rear yard shall be provided on each corner lot, and the owner shall
designate the rear yard on his application for a permit. The Board
of Appeals shall determine the yard and building width of a corner
lot facing an intersecting street and of record at the time of the
passage of this chapter, if the yard requirements would result in
a residential structure less than 24 feet wide.
F.
Through lots. Where a single lot under individual
ownership extends from one street to another parallel or nearly parallel
street or alley, excluding Route 12, the wider street shall be deemed
the street upon which the property fronts, and no principal structures
and no dwelling shall be erected on the rear of such a lot, except
where such lot may be subdivided to create not less than two conforming
lots. Where a single lot extends between two streets of equal width,
either of the two streets may be deemed as that upon which the property
fronts. The building height shall be measured from the grade of the
street on which the building fronts.
[Amended 3-29-1976 by L.L. No. 1-1976]
G.
Visibility at street corners. On a corner lot in any
district where a front yard is required, no fence, wall, hedge or
other structure or planting more than 2 1/2 feet above the finished
grade on the street center line shall be erected, placed or maintained
so as to obstruct visibility of vehicular traffic within the triangular
area formed by the intersecting street right-of-way lines and a straight
line joining said lines at points 30 feet distant from the point of
intersection, measured along said lines.
H.
Front yard exception. When a vacant lot is situated
between two improved lots, each having a principal building within
25 feet of any side lot line of such unimproved lot, the front yard
of the vacant lot may be reduced to a depth equal to the greater of
the depths of the front yards of the two adjoining improved lots,
but not less than 10 feet.
I.
Transition yard requirements.
(1)
Where a residential district abuts a nonresidential
district at a street line, there shall be provided in the nonresidential
district, for a distance of 50 feet from the district boundary line,
a front yard at least equal in depth to that required in the residential
district.
(2)
Where a district boundary line divides a lot in one
ownership at the time of adoption of said district line, the regulations
for the more restricted portion of such lot shall extend not more
than 50 feet into the less restricted portion, provided that the lot
has frontage on a street in the less restricted district.
(3)
Where the side or rear yard in a residential district
abuts a side or rear yard in a nonresidential district, there shall
be provided, along such abutting line or lines in the nonresidential
district, a side or rear yard at least equal in depth to that required
in the residential district. In no case, however, shall the abutting
side yard be less than 10 feet and the abutting rear yard less than
20 feet.
J.
Projections into required yards.
(1)
The space in any required yard shall be open and unobstructed,
except for accessory buildings in a side or rear yard and except for
the ordinary projections of window sills, belt courses, cornices,
eaves and other architectural features; provided, however, that such
features shall not project more than two feet into any required yard.
(2)
A paved terrace shall not be considered as part of
a building in the determination of yard sizes or lot coverage, provided
that such terrace is unroofed and without walls, parapets or other
form of enclosure exceeding six feet in height.
(3)
In determining the percentage of building coverage
or the size of yards for the purpose of this chapter, roofed or enclosed
porches shall be considered a part of the building.
(4)
An open fire escape may extend into any required yard
not more than six feet, provided that such fire escape shall not be
closer to any lot line than four feet at any point.
(5)
Unenclosed entrance steps or stairways providing access
to the first story of a building may extend into any required yard
a distance not to exceed six feet.
K.
Walls, fences and hedges. The yard requirements of
this chapter shall not prohibit any retaining wall nor any fence,
wall or hedge, provided that in any residential district such fence,
wall or hedge shall be no closer to any front lot line than two feet
and shall comply with visibility at street corners as provided in
this article.
L.
Side yards.
(1)
Side yard width may be varied. Where the side wall
of a building is not parallel with the side lot line or is broken
or otherwise irregular, the side yard may be varied. In such case,
the average width of the side yard shall not be less than the otherwise
required minimum width; provided, however, that such side yard shall
not be narrower at any one point than 1/2 the otherwise required minimum
width.
(2)
Width of one side yard may be reduced. When authorized
by the Board of Appeals, the width of one side yard may be reduced
to a width of not less than five feet, provided that the sum of the
width of the two side yards is not less than the required minimum
for both side yards, and further provided that the distance between
the proposed structure and any structure, existing or proposed, on
an adjacent lot is not less than the required minimum sum of the widths
of the two side yards. Such reduction may be authorized only when
the Board of Appeals finds it to be warranted by the location of existing
buildings or conducive to the desirable development of two or more
lots.
A.
General application. No building or structure shall
have a greater number of stories nor have an aggregate height of a
greater number of feet than is permitted in the district in which
such building or structure is located, except as noted elsewhere in
this chapter.
B.
Chimneys, spires, etc. The height limitations of this
chapter shall not apply to belfries, church spires, cupolas, penthouses
and domes which are not used for human occupancy; nor to chimneys,
ventilators, skylights, water tanks and necessary mechanical appurtenances
usually carried above the roof level; nor to flag poles, monuments,
transmission towers and cables, radio and television antennae or towers
and similar structures. Such features, however, shall be erected only
to such height as is necessary to accomplish the purpose for which
they are intended. No advertising device of any kind whatsoever shall
be inscribed upon or attached to that part of any chimney, tower,
tank or other structure which extends above the height limitations.
C.
Location. Accessory buildings in R-1, R-2 and RM-3
Districts which are not attached to a principal building may be erected
in accordance with the following requirements:
[Amended 3-29-1976 by L.L. No. 1-1976]
D.
Attached accessory buildings in R-1, R-2 and RM-3
Districts. When an accessory building is attached to the principal
building, it shall comply in all respects with the requirements of
this chapter applicable to the principal building.
[Amended 3-29-1976 by L.L. No. 1-1976]
In any district, a lot to be used for residential
dwelling purposes shall have direct frontage on a public or private
street.
Minimum living areas, measured from exterior
faces of exterior walls, exclusive of garages, cellars and unenclosed
porches, shall be as follows for dwelling units hereafter established:
|
Number of Stories
|
Minimum Living Area per Dwelling Unit
(square feet)
| ||
|---|---|---|---|
|
District
|
1
|
More than 1
| |
|
R-1 Residence - One-Family
|
X
|
1,000
| |
|
X
|
1,200
| ||
|
R-2 Residence - General
|
X
|
750
| |
|
X
|
1,000
| ||
|
RM-3 Residence - Mobile Home
|
X
|
600
| |
A.
Enclosed uses. For any use required by this chapter
to be screened in accordance with this section, the owner shall provide
a fence, screen or landscaping sufficient to obscure such uses from
view from abutting properties in residence districts or from the public
right-of-way.
B.
Unenclosed uses. Any commercial or industrial use which is not conducted within a completely enclosed building, including but not limited to junkyards, storage yards and used building materials yards, and which use is in, abuts or is adjacent to a residence district or fronts on a public right-of-way, shall be screened from view from such residence districts and public rights-of-way in an effective manner. The foregoing provision of this Subsection B is not intended and shall not be construed to authorize any land use that is not otherwise a legal use of land within the Village.
[Amended 2-5-2013 by L.L. No. 1-2013]
C.
Approval by Planning Board. Plans and site design
for the installation of such fencing or screening as are required
by this chapter shall be reviewed and approved by the Planning Board
prior to issuance of a building permit. Any fencing or screening installed
in accordance with this section shall be maintained in good order
to achieve the objectives of this section. Failure to maintain fencing,
screening or planting shall be considered a violation of this chapter.
Signs shall comply with the following regulations:
A.
In R-1 and R-2 Residential Districts, nonadvertising
signs are permitted, but not in any required yard, as follows:
(1)
One nameplate, identification or professional sign
not to exceed two square feet of sign area, showing the name and address
of the resident or a permitted home occupation of the resident of
the premises. In the case of a corner lot, such sign shall be located
on the principal street frontage of the dwelling unit. For multiple
dwellings, fraternities or sororities, a sign shall not exceed 12
square feet of sign area.
(2)
One nonilluminated sale or rental sign not to exceed
six square feet of sign area during and pertaining to the sale, lease
or rental of the land or building. Such sign shall be removed after
the premises has been sold or rented.
(3)
One temporary artisan's sign not to exceed six square
feet of sign area during and pertaining to construction, repairs or
alterations on the property. Such sign shall be removed promptly upon
completion of the work.
(4)
Institutional or religious announcement sign not to
exceed 15 square feet in area.
(5)
Signs advertising the sale or development of a tract
of land may be erected upon the tract by the developer, builder, contractor
or owner. The size of the sign shall not exceed 20 square feet, and
not more than two signs shall be placed upon the tract.
(6)
Signs advertising functions, uses, products or services
not pertaining to the premises on which they are located, and mobile
advertising or attracting devices shall not be permitted in any R
Residential District.
B.
In C-1 and C-2 Commercial Districts, the applicable
signs above are permitted and, in addition, the following:
(1)
Any business sign erected hereafter in the C-1 District
shall project no more than four feet into a public way. No sign shall
be higher than the building to which it is attached or closest, and
no sign shall be erected above or on the roof of any building. The
gross surface area of business signs in the C-1 District shall not
exceed three square feet per lineal foot of building frontage for
nonilluminated signs or two square feet per lineal foot of building
frontage for illuminated signs.
[Amended 3-29-1976 by L.L. No. 1-1976]
(2)
Any business sign erected hereafter in the C-2 District
shall not be located within any required yard in the district. No
sign shall be higher than the building to which it is attached or
closest, and no sign shall be erected above or on the roof of any
building. The gross surface area of any sign shall not exceed six
square feet per lineal foot of the building frontage for nonilluminated
signs nor three square feet per lineal foot for illuminated signs.
[Amended 3-29-1976 by L.L. No. 1-1976]
C.
In M-1 Manufacturing Districts, the applicable signs
above are permitted and, in addition, the following:
(1)
Business signs are permitted, provided that such signs
shall not exceed 300 square feet in area, and if illuminated, the
light shall not be directed towards any public street or adjacent
residential property.
(2)
Advertising signs and commercial billboards are permitted
as follows:
(a)
The maximum size of any advertising sign or
commercial billboard shall be 12 feet in height and 50 feet in length,
and the bottom of such sign shall be at least four feet from the ground
and no more than six feet above ground.
(b)
Any advertising sign or commercial billboard
shall be located at least 50 feet from the edge of the pavement of
the nearest street or highway. No such sign or billboard shall be
erected or established within 200 feet of any street or road intersection.
(3)
No commercial billboard shall be erected or established
without first filing with the Village Clerk an application, in writing,
and obtaining a permit. The application shall be made by the person
proposing to erect or establish the billboard. At least once annually,
the Building Inspector shall inspect each billboard and shall cause
any unsafe or unlicensed billboards to be removed. The annual inspection
fee shall be $10 for each 25 feet, or fraction thereof, of the length
of the billboard and shall be paid on or before the first day of July
each year to the Village Clerk. The annual inspection and fee shall
apply to all existing and future billboards.
D.
In any Planned Development District, the Planning
Board shall review and approve, conditionally approve, or disapprove
any proposed business signs. No advertising signs shall be permitted
in any Planned Development District.
[Amended 2-5-2013 by L.L. No. 1-2013]
E.
In any PB-1 Public Building District, the applicable
signs of the R-1 and R-2 Districts are permitted, and, in addition,
any of the uses permitted in the district may have a nameplate, identification
or announcement sign not over 15 square feet in area, in addition
to any identification sign of an architectural character in the facade
of the building.
F.
In any O-S Open Space or F-P Floodplain District,
no advertising signs shall be permitted. Any other sign shall conform
with the regulations described above in the R-1, R-2, C-1 and C-2
Districts, as to the particular type of use.
G.
General regulations. The following regulations shall
apply to all permitted sign and billboard uses:
(1)
Signs must be constructed of durable materials, maintained
in good condition and shall not be allowed to become dilapidated.
(2)
Signs, other than an official traffic sign, shall
not be erected within the right-of-way lines of any street.
(3)
Signs shall not project beyond property lines nor
over public sidewalk areas, except as noted.
(4)
A permit shall not be required for the erection, alteration
or maintenance of any permitted signs in an R District.
(5)
A permit shall be required for the erection, alteration
or reconstruction of any business or advertising sign.
(6)
All temporary signs erected for a special event shall
be removed by the property owner when the circumstances leading to
their erection no longer apply.[1]
[1]
Editor's Note: Former Subsection 7, which
required the termination of nonconforming signs within three years
and which immediately followed this subsection, was deleted 3-29-1976
by L.L. No. 1-1976.
A.
Off-street parking space shall be required for all buildings constructed or substantially altered after the effective date hereof, except nonresidential uses in the C-1 Retail Commercial District. Each off-street space shall consist of at least 180 square feet, with a minimum width of nine feet. In addition, space necessary for aisles, maneuvering and drives shall be provided. Required off-street parking areas shall be so arranged and regulated as not to interfere with pedestrian or motor traffic on the public street or highway, and no parking or maneuvering incidental to off-street parking shall be on any public street right-of-way or walkway. Parking requirements are specified in Schedule B, which is hereby made a part of this chapter.[1]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
B.
For uses not specified, the Board of Appeals shall, on appeal, and after recommendation of the Planning Board, establish parking requirements in specific cases consistent with those specified in Schedule B.[2]
[2]
Editor's Note: Schedule B is included as an attachment to this chapter.
C.
For any building having more than one use, parking
space shall be required for each use.
D.
Required off-street parking in residence districts
shall be located only in the side or rear yard of the lot.
E.
Required off-street parking in commercial or industrial districts shall be located within 250 feet of the commercial or industrial use, but not in any residence district, and, if such parking area abuts a dwelling or a residence district, the parking area shall be screened in accordance with § 293-25.
F.
Floor areas for the purposes of computing parking
requirements shall be the sum of the horizontal area within exterior
walls of the several floors of a building, excluding basement, cellar
and attic areas used primarily for storage or service.
G.
Parking or storage in residence districts of mobile
homes, trailers or boats out-of-doors shall be confined to the rear
yard and shall not be within 10 feet of any property line.
H.
Overnight parking or storage out-of-doors in any residence
district of any vehicle licensed for commercial purposes shall be
prohibited.
I.
Off-street parking lots for five or more cars or trucks
shall be designed with careful regard to orderly arrangement, topography,
landscaping, ease of access, pedestrian walkways, ingress and egress
and shall be developed as an integral part of an overall site design,
and the plan shall be submitted to and approved by the Planning Board.
[Amended 2-5-2013 by L.L. No. 1-2013]
Off-street loading facilities shall be provided
for each legally permitted commercial or industrial establishment
hereafter erected or substantially altered and shall be so arranged
as not to interfere with pedestrian or motor traffic on the public
street or highway and shall be adequately screened if adjacent to
a dwelling or a residential area. Such off-street loading space shall
be logically and conveniently located for bulk pickups and deliveries,
scaled to delivery vehicles expected to be used, and accessible to
such vehicles when required off-street parking spaces are filled.
Required off-street loading space is not to be included as off-street
parking space in computation of required off-street parking space.
Any required off-street loading berth shall have a clear area not
less than 12 feet in width by 25 feet in length.
