A.
This chapter shall not be deemed to affect in any
manner whatsoever any easements, covenants or other agreements between
parties; provided, however, that where this chapter imposes a greater
or lesser restriction upon the use of buildings or land or upon the
erection, construction, establishment, movement, alteration or enlargement
of buildings than are imposed by other laws, rules, regulations, licenses,
certificates or other authorizations or by easements, covenants or
agreements, the more restrictive requirements shall prevail.
B.
Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot because of its peculiar or irregular shape, the Board of Appeals shall determine how the requirements of this chapter apply as provided in § 255-56E of this chapter.
C.
Every building or structure hereafter erected shall
be located on a lot, and there shall not be more than one building
on a lot except as permitted elsewhere in this chapter.
D.
Where a lot in one ownership of record is divided
by one or more district boundary lines, the regulations for the less
restrictive portion of each lot shall not extend into the more restrictive
portion.
E.
All construction of the Village of Spring Valley shall
be in conformity with the requirements of the New York State Uniform
Fire Prevention and Building Code, Title 9, Executive, Volume B.
[Added 1-28-1986 by L.L. No. 1-1986; amended 1-12-1993 by L.L. No. 2-1993]
A.
Cellars, tents, mobile homes or trailers.
(1)
The use of cellars, tents, mobile homes or trailers
without foundations for dwelling purposes shall not be permitted in
any district. One trailer may be parked or stored in an enclosed accessory
garage or accessory building or in a rear yard, provided that no living
quarters shall be maintained nor any business conducted in connection
therewith while such trailer is stored, except as may be otherwise
provided in this chapter.
(2)
Anything hereinabove contained to the contrary notwithstanding,
a mobile home or trailer which is constructed so as to meet the requirements
of the generally accepted standards of the New York State Uniform
Fire Prevention and Building Code and which is placed on a permanent
foundation, as defined in this chapter, and which is permanently connected
to and is serviced by utilities, such as water, sewer and electricity,
shall be deemed to be a dwelling unit, as defined in this chapter.
[Amended 4-11-1995 by L.L. No. 1-1995]
B.
Dwellings in accessory buildings. Any accessory buildings
on the same lot with a principal residence building shall not be used
for residence purposes, except for domestic employees of the owners
or tenants of the main building and who are employed on the premises,
provided that such a building shall contain no kitchen or kitchen
facilities.
C.
Swimming pools.[1] Private swimming pools may be installed only as accessory
to dwellings for the private use of the owners or occupants of such
dwellings and their families and guests, and only in conformity with
the following requirements:
(1)
Location. Such pool shall be installed in the rear
yard of the lot unless such premises shall be situated on a corner
lot or in such similar situation as shall not provide for a rear yard,
per se, in which case such pool may be installed on such portion of
such lot as may be approved by the Building Inspector, observing,
insofar as is practicable, the bulk requirements set forth hereinafter
for rear yard installations.
(2)
Construction and fencing. Private swimming pool construction
and fencing requirements shall be as regulated by the New York State
Uniform Fire Prevention and Building Code.
[Amended 4-11-1995 by L.L. No. 1-1995]
(3)
Gate to be locked. Every gate or other opening at
the fence enclosing such pool, except an opening through the dwelling
or other main building of the premises, shall be kept securely closed
and locked at all times when such pool is not in use.
(4)
Natural screening. Adjacent to every side and rear
lot line within the rear yard area containing a swimming pool, there
shall be planted a protective living evergreen screen, not less than
two feet wide, designed and laid out with suitable plant material
which will attain and which shall be maintained at a height of not
less than six feet, so as to provide an effective natural screen along
such side and rear lot lines.
[Amended 1-28-1986 by L.L. No. 1-1986]
(5)
Setback requirements. Such pool shall not be erected
closer than 10 feet from side and rear lot lines or closer than 10
feet from the principal building on the lot, all dimensions being
determined from the point of encroachment, such as walks, balconies,
etc.
(6)
Area limited. Such pool shall not occupy more than
40% of the area of the rear yard, excluding all garages or other accessory
structures located in such area.
(7)
Location of inlet. The water inlet of every such pool
shall be above the overflow and level of said pool.
(8)
Height. No such swimming pool shall project more than
four feet above the average level of the ground surface surrounding
such pool, prior to any excavation or fill.
(9)
Chemical treatment. Such pools shall be chemically
treated in a manner sufficient to maintain the bacteriological standards
established by the Rockland County Health Department relating to private
swimming pools.[2]
[2]
Editor's Note: Original Section 501.3j, which
immediately followed this subsection and dealt with construction of
swimming pools, was deleted 4-11-1995 by L.L. No. 1-1995.
(10)
No loudspeaker device which can be heard beyond
the property lines of the premises on which a swimming pool has been
installed may be operated at such capacity in connection with such
pool, nor may any lighting be installed in connection therewith which
shall throw any illumination beyond the boundaries of the lot where
any such pool is installed.
(11)
This section is not intended to apply to rubber
or plastic pools which are merely laid on the ground and are of the
type generally used by children.
D.
Solar energy collectors are permitted as a part of
and may be attached to any building. Installation of solar energy
collectors for single-family or two-family detached residential uses
shall require only issuance of a building permit, but for all other
installations a building permit may be issued for solar energy collectors
only after site development plan approval of the Planning Board.
[Amended 2-8-1994 by L.L. No. 3-1994; 4-26-2016 by L.L. No.
4-2016]
E.
Garage sales may be conducted from a property in a
residential district, provided that:
F.
Satellite dish antennas are permitted as accessory
to a residential or nonresidential use, provided that they conform
to the bulk requirements of this chapter, and provided that they have
a maximum radius of four feet. The installation of a satellite dish
antenna shall require the issuance of a building permit and the approval
of the Planning Board.
[Added 1-28-1986 by L.L. No. 1-1986;
amended 4-11-1995 by L.L. No. 1-1995]
A.
Required street frontage. No building permit shall be issued for any structure unless the lot upon which that structure is to be built has a frontage of at least 70 feet on a street or highway in a residential district or at least 25 feet on a street or highway in a nonresidential district, which street or highway shall have been suitably improved or a bond posted therefor to the satisfaction of the Village Board. The minimum lot width as specified in § 255-17, Bulk Table, shall apply in all cases.
[Amended 1-28-1986 by L.L. No. 1-1986; 4-11-1995 by L.L. No.
1-1995]
B.
Modification of front yard. The Board of Appeals may
permit a garage accessory to a residence to be located within the
front yard where, due to topographic conditions, there would be practical
difficulties in constructing a safe and convenient drive from the
street; provided, however, that such garage shall not adversely affect
the future use and development of adjacent properties.
C.
Terraces, porches and open decks. A paved terrace,
porch or open deck, unroofed and without walls, parapets or other
forms of enclosure, shall not be considered in determination of yard
size or lot coverage. Such terrace, porch or open deck may have an
open guardrailing not over four feet high and shall not project into
any yard to a point closer than five feet from any lot line. Any two-story
or any enclosed porch or deck or one having a roof and capable of
being enclosed shall be considered a part of the building in the determination
of the size of yard or amount of lot coverage.
[Amended 1-28-1986 by L.L. No. 1-1986]
D.
Projecting horizontal architectural features. The
space in any required yard shall be open and unobstructed except for
the ordinary projection of cornices, eaves and other architectural
features; provided, however, that such features shall not project
more than three feet into any required yard.
E.
Exceptions to height limitations. The height limitations
of this chapter shall not apply to:
(1)
Church spires, belfries, cupolas, domes, monuments,
observation towers, chimneys, smoke stacks, derricks, flag poles,
radio towers, masts and aerials, where not used for human occupancy
and where such structures do not extend more than 15 feet above the
roof.
(2)
Rooftop bulkheads, elevator penthouses, water towers,
water tanks, monitors, fire towers, hose towers, cooling towers or
solar energy collectors, provided that such features shall be erected
only to the height necessary to accomplish the purpose they are intended
to serve, the total area covered by such features shall not exceed
20% of the horizontal area of the roof on which they are located,
and, where such structures do not extend more than 15 feet above the
roof and where the lot on which they are located is in or adjacent
to a residence district, such features shall be set back from the
edge of the roof at least one foot for each one foot by which such
features exceed the maximum height otherwise specified for the district
in which they are located.
F.
Fire escapes. Open fire escapes may extend into any
required yard not more than six feet; provided, however, that such
fire escapes shall not be closer than five feet at any point to any
lot line.
G.
Fences and walls. Fences and walls, including retaining
walls, are permitted within required yards, provided that:
[Amended 4-11-1995 by L.L. No. 1-1995]
(1)
Such fences or walls do not exceed four feet in height
if located in a front yard and six feet in height in any other yard,
except that a fence of not less than 3/4 open construction may have
a maximum height of 12 feet where located in a nonresidential district,
and except that the Building Inspector may, where required for safety,
require the addition to a retaining wall of a motor vehicle bumper
guard or a fence of not less than 3/4 open construction and not exceeding
the above height limitations by more than four feet. In a nonresidential
district, where barb wire or razor wire is added to the top of the
fence, it shall not exceed two feet above the maximum height permitted
and shall not be added below a height of six feet.
(3)
If any such fence or wall located within a required
yard has a finished or more attractive side, such side shall face
the neighboring property or street.
(4)
All fences or walls must be inside of all lot lines.
H.
Visibility at intersections. On a corner lot, no fence,
wall, hedge or other structure or planting more than three feet in
height shall be erected, placed or maintained within the triangular
area formed by the intersecting street right-of-way lines and a straight
line joining said street right-of-way lines at points which are 75
feet distant from the point of intersection, measured along said street
right-of-way line. The height of three feet shall be measured above
the road surface at the nearest edge of the road traveled way. This
subsection shall not apply to existing trees, provided that no branches
are closer than eight feet to the ground.
[Amended 4-11-1995 by L.L. No. 1-1995]
I.
Yards on corner lots. On a corner lot, each lot line
which abuts a street shall be deemed to be a front lot line, and the
required yard along both lot frontages shall be a required front yard.
The owner shall elect and so designate on the building permit which
of the remaining two required yards shall be the required side yard
and which shall be the required rear yard. Where a corner lot has
frontage on three streets, the remaining yard shall be a side yard.
J.
Exception for existing alignment of buildings. If
on one side of a street within a given block and within 150 feet of
any lot there is a pronounced uniformity of alignment of the fronts
of existing buildings and of the depth of front yards greater or less
than the depths specified in the Bulk Table,[1] a front yard shall be required in connection with any
new building which shall conform as nearly as practicable with those
existing on the adjacent lots, except that no such building shall
be required to have a front yard greater than 50 feet, unless otherwise
required in the Bulk Table.
[1]
Editor's Note: See Appendix B at the end of
this chapter.
K.
Accessory building attached to principal building.
If any accessory building is attached to a principal building, including
attachment by means of a breezeway or a roofed passageway, it shall
be considered as part of the principal building and shall comply in
all respects to the requirements of this chapter applicable to the
principal building. All other accessory buildings shall comply with
the bulk requirements applicable in the zoning districts in which
they may be located.
L.
Lots running through streets. On any lot running through
from one street to another, the front of such lot shall, for the purpose
of this chapter, be considered that frontage upon which the majority
of the buildings are located in the same block front; but, in case
there has been no clearly defined building frontage established, the
owners may, when applying for a building permit, specify which lot
line shall be considered the front lot line for the purpose of this
chapter.
[Amended 1-28-1986 by L.L. No. 1-1986]
M.
Measurement of front yards. All required front yard
depths and all maximum building heights based on front lot lines shall
be measured from the designated street line or existing street line
of record, whichever is a greater distance from the center line of
the public street abutting the lot in question. Where lots are subdivided
on other than a public street, the designated street line, for purposes
of such measurement, shall be parallel to and 25 feet distant from
the center line of any access easement or right-of-way.
N.
Courts. The following requirements shall apply:
(1)
An outer court shall be at least 20 feet wide, as
wide as its depth or as wide as the height of the highest wall adjoining
said court, whichever is the greatest.
(2)
An inner court shall be at least 50 feet in the least
horizontal dimension. Two open and unobstructed passageways, each
at least 14 feet high and 12 feet wide, to permit access by fire-fighting
equipment, shall be provided at ground level to any inner court.
O.
Spacing of buildings. The following requirements shall
apply:
P.
Screening of mechanical equipment. All mechanical
equipment necessary to operate building services, which equipment
is located on the roof of a building, shall be screened in a manner
approved by the Planning Board.
[Amended 4-11-1995 by L.L. No. 1-1995]
Q.
Construction requirements. Any and all multifamily
dwellings constructed under this chapter shall be of minimum Type
4 construction, and any and all commercial and industrial buildings
constructed under this chapter shall be of minimum Type 3 construction.
[Added 1-28-1986 by L.L. No. 1-1986;
amended4-11-1995 by L.L. No. 1-1995]
