[Amended 3-16-1964]
Any nonconforming use existing at the effective
date of this chapter, as amended, may be continued and any existing
building designed, arranged, intended or devoted to a nonconforming
use may be reconstructed and structurally altered and the nonconforming
use therein changed, subject to the following regulations:
A.
In no case shall the cost of structural alterations
made in such building exceed 50% of its structural value, nor shall
the building be enlarged unless the use therein is changed to a conforming
use.
B.
No nonconforming use, if once changed to a use permitted
in the district in which it is located, shall ever be changed back
to a nonconforming use.
C.
No nonconforming use which shall have been discontinued
for a period exceeding 12 months shall be resumed, nor shall it be
replaced by any other nonconforming use.
D.
Whenever a district shall hereafter be changed, any
then-existing nonconforming use therein may be continued or changed
to a use of a similar or higher classification, provided that all
other regulations governing the new use are complied with.
E.
Any dwelling that is nonconforming as to maximum floor
area or the sky exposure plane, which is damaged or destroyed due
to fire or other causes, shall not lose its nonconforming status and
may be replaced or rebuilt in the same size, location and dimensions.
[Added 10-4-2004 by L.L. No. 4-2004]
No trade, industry or purpose shall be permitted which, in the judgment of the Board of Appeals, as provided below in Article IX, § 60-62H, is likely to be so conducted as to create corrosive or toxic fumes, gas, smoke or odors, obnoxious dust, vapor or waste or offensive noise or vibration, or so as to be detrimental to the public health, safety or general welfare.
On any corner lot, no wall, fence or other structure
shall be erected or altered and no hedge, tree, shrub or other growth
shall be maintained which may cause danger to traffic on a street
by obscuring the view.
In the case of a narrow corner lot or any shallow, irregular or steeply sloping lot, existing as such at the effective date of this chapter, where conformity with the provisions of this article would, in the judgment of the Board of Appeals, make it difficult to erect a practicable building, the Board, as provided below in Article IX, § 60-62A and B, may allow such building or structure to project nearer to any street or lot line than is herein prescribed, provided that it can be done in such a manner that the Board shall deem that it shall not impair the character of the neighborhood and provided that compensating area shall be added to one or the other of the required open spaces, and provided further that, in no case, in a residence district, shall any part of any structure be within less than five feet of any street or lot line.
No building or part of a building shall be erected
in or project into a rear yard, front yard or side yard, with the
following exceptions:
A.
Cornices, eaves, gutters or chimneys projecting not
more than two feet.
B.
One-story cantilevered bay windows projecting not
more than five feet, provided that such windows shall not project
nearer than 10 feet to any property line.
[Amended 7-24-1997 by L.L. No. 6-1997]
C.
Open balconies and steps.
D.
Entrance porches or terraces which shall project into
front or rear yards not more than 10 feet, or open porches or terraces
which shall project into one side yard but which shall not be nearer
to the side line of the lot than the minimum side yard requirement.
E.
If the distance from the rear line of the lot to the
line fixed by the front yard restrictions is less than 75 feet, a
portion of the main building not wider than 20% of the width of the
lot may project not more than 20 feet into the rear yard.
No regulation or requirement of this chapter
shall be deemed to require the setback of any building beyond the
average setback line observed by the buildings existing at the effective
date of this chapter on the same side of the street within the block,
provided that there are two or more buildings on such block.
The depths of all front yards will be reckoned
from the existing street line, or where the street has been widened
or is proposed to be widened and this new width has been duly authorized
and recorded on a duly filed map, the depth of front yards shall be
reckoned from the new street line.
Nothing herein contained shall require any change
in the plans, construction or designated use of a building under construction,
provided that at the effective date of this chapter the construction
shall have proceeded to the completion of the foundation and the setting
of the first-floor beams, and provided further that the work thereon
shall be diligently prosecuted to completion within six months from
the effective date of this chapter. The Board of Appeals may, in its
discretion, due to the size or nature of the building or any special
circumstances which in its judgment are sufficient, extend the date
of completion beyond the one year above fixed.
In no event shall the building area in any district
be exceeded by reason of the deduction of the yard area required,
thereby leaving a greater percentage of lot area, nor shall the yard
area in any district be decreased by reason of the permitted building
area.
[Amended 12-27-1934; 7-19-1937; 6-23-1947; 6-26-1979 by L.L. No. 13-1979]
A.
No building shall be erected or altered, nor shall
any excavation be commenced in connection with or preparation for
such erection or alteration, until the Building Inspector and/or the
Village Board shall issue a permit certifying that the proposed building
or proposed altered building and the use complies in every respect
with this chapter. All applications for such permits shall be in writing
and accompanied by a plot plan, in triplicate, drawn to a scale showing
the actual dimensions of the lot to be built upon, the size of the
building to be erected, the location of the building upon the lot,
the dimensions of all open spaces, the setback lines observed by buildings
within the block and such other information as may be necessary to
provide for the enforcement of this chapter. At the time each such
application is filed, the applicant shall pay to the Village Clerk,
for the use of said Village, 1/2 of 1% of the estimated cost of such
erection or alteration, as estimated by the Building Inspector, which
sum shall not, however, exceed $5 in any event, such sum to be retained
by said Village whether or not the permit shall issue.
B.
In any event, all of the provisions of the Building
Code,[1] so far as applicable, shall be complied with in connection
with any work or construction to be done or undertaken under this
chapter.[2]
[2]
Editor's Note: Original Sections 11, 13, 14 and 15 of this article, which followed this section, were rescinded and repealed 7-5-1949. Original Section 12, which pertained to storage places for motor vehicles on lots with apartment houses, was deleted and repealed at time of Code 6-26-1979 by L.L. No. 13-1979; see Ch. 1, General Provisions, Art. VI.
[Added 12-2-2021 by L.L. No. 3-2021]
A.
Legislative intent. It is the intent of this section to opt the Village
of Russell Gardens out of hosting cannabis retail dispensaries and
on-site cannabis consumption establishments within its boundaries.
B.
Authority. This section is adopted pursuant to Cannabis Law § 131,
which expressly authorizes villages to opt out of allowing cannabis
retail dispensaries and on-site cannabis consumption establishments
to locate and operate within their boundaries.
C.
Local Cannabis Retail Dispensary and on-site cannabis consumption
opt-out. The Board of Trustees of the Village of Russell Gardens,
County of Nassau, hereby opts out of allowing cannabis retail dispensaries
and on-site cannabis consumption establishments from locating and
operating within the boundaries of the Village of Russell Gardens.
[1]
Editor's Note: Former § 60-59, Swimming and wading
pools, added 6-19-1962, as amended, was repealed 4-6-2011 by L.L.
No. 1-2011.
[Added 3-5-1984 by L.L. No. 1-1984]
A.
It shall be unlawful for any person to erect, construct
or otherwise maintain in the Village any form of parabolic, hemispherical,
ground station, earth station, satellite station, circular or dish-shaped
antenna or the like, unless the same shall be located on the roof
of a building.
B.
No structure shall have more than one such antenna.
C.
No such antenna shall have a diameter in excess of
two feet nor a surface area in excess of three square feet, and no
such antenna shall exceed six feet in height measured from the bottom
of its base.
D.
The thirty-foot limitation on building height prescribed
by this chapter shall be deemed to include the height of any such
antenna.
[Added 3-5-1984 by L.L. No. 2-1984;
amended 4-3-2008 by L.L. No. 1-2008; amended 12-5-2019 by L.L. No. 13-2019]
A.
Permit required. No person, firm, association or corporation shall
hereafter erect and maintain any wall or fence for any purpose whatsoever,
without first having obtained a permit from the Building Inspector.
B.
Application requirements.
(1)
No fence shall be erected or altered until the Building Inspector
issues a permit for the proposed fence. All applications for such
permits shall be in writing and accompanied by a survey depicting
all existing structures at the premises, the dimension of all open
spaces, the location and height of the propose fence, and any other
information as may be necessary to provide for the enforcement of
this chapter and all other applicable New York State and County codes.
(2)
At the time such application is filed, the applicant shall pay
to the Village Clerk a filing fee as set forth in a Zoning Fee Schedule
established by resolution of the Board of Trustees. Such Fee Schedule
may thereafter be amended from time to time by like resolution. Such
Fee Schedule shall be available in the office of the Village Clerk.
(3)
The applicant shall also provide detailed information regarding
the type of fence to be erected to include the materials, manufacturer
and color of the proposed fence.
(4)
All fence applications shall be approved by the Design Review
Board prior to the issuance of a permit.
C.
Provisions applicable to residential districts.
(1)
No person shall erect, construct or otherwise maintain within
the Village any fence, property divider or other structure in the
nature of a barrier between adjoining residential properties, except
that a living structure, including, but not limited to, hedges, plants,
shrubs and trees shall be permitted. No living structure shall be
permitted between single-family residential properties where driveways
are abutting or are contiguous.
(2)
Fences and other structures in the nature of a barrier shall
be permitted only when a barrier is needed between a single-family
residential property and either a commercial property, an apartment
property or a boundary of the Village. Fences, barriers and walls
are also permitted to avoid erosion or patently dangerous conditions.
(3)
Height. The maximum permitted height for any fence is six feet.
(4)
Materials. Acceptable fence materials are wood, brick, stone,
wrought iron or a combination thereof of said materials as approved
by the Design Review Board.
(5)
Location. Fences shall only be located in a rear or side yard.
Fences shall not be located in a front yard.
(6)
Exception. These fence regulations shall not apply to public
amenities facilities owned by the Russell Gardens Association which
are situated within a residential district.
E.
Penalties for offenses. Each person who violates any provision of
this chapter shall be subject to a fine of $200 for a first offense;
$500 for a second offense; and $1,000 for a third offense and each
and every subsequent offense.
