[Added 6-5-2002 by L.L. No. 2-2002]
A.
No dwelling unit within any residence building within
the Village shall be used for transient occupancies unless either:
(1)
No compensation, either direct or indirect,
is paid for such transient occupancy; or
(2)
The dwelling unit is located in a single-family
dwelling or a two-family dwelling and such unit is used for a transient
occupancy no more frequently than once within any twelve-month period;
or
(3)
The dwelling unit is located in a multiple dwelling,
is owned by a person or entity which owns no more than one dwelling
unit in such multiple dwelling, and is used for a transient occupancy
no more frequently than once within any twelve-month period; or
(4)
The dwelling unit is located in a hotel which
has been approved by the Village Board of Trustees as a conditional
use in accordance with the provisions of this Code.
B.
Preexisting extended-stay hotels.
(1)
The actual use of a residence building as an extended-stay hotel prior to the effective date of this section may be continued, subject to those prohibitions set forth in § 225-127A to E of the Code, provided that, within 60 days after the effective date of this section, an application is filed with the Village Board under Village Code § 225-74A(18) seeking a conditional use permit regarding said use.
(2)
Any conditional use permit hereinafter issued
by the Village Board to a preexisting extended-stay hotel shall include
appropriate and reasonable conditions related to its use for transient
occupancies.
(3)
Any conditional use permit hereinafter issued
by the Village Board to a preexisting extended-stay hotel shall provide,
among any other appropriate and reasonable conditions, that the minimum
authorized occupancy in said extended-stay hotel shall continue to
be at least 30 days; if a dwelling unit is rented or leased in such
extended-stay hotel for a minimum thirty-day stay, but is physically
vacated before the end of said thirty-day period, then the dwelling
unit shall not be rerented or physically reoccupied until the first
day after the end of said thirty-day period; the number of units in
said extended-stay hotel used for transient occupancies shall not
be increased beyond the number used for such occupancies, as of the
effective date of this section; and, to the maximum extent feasible
as determined by the Village Board, and at least to the extent otherwise
mandated by law, such extended-stay hotel shall be required to conform
to fire, safety and building construction codes applicable to hotels
as defined in the New York State Fire Prevention and Building Code.
C.
Prior legal use.
(1)
Except as specifically authorized by Subsection B, the use of any dwelling unit or residence building for transient occupancies which did not constitute a legal use prior to the effective date of this section shall continue to be illegal and shall be discontinued immediately.
(2)
Except as specifically authorized by Subsections A and B, the Village Board may order the discontinuance of any transient use of a residence building even if such use was legal prior to the effective date of this section. If the Village Board shall make such a determination with respect to a prior legal nonconforming use, then the Board shall direct that such nonconforming use cease within a specified period of time to be determined by the Board after notice and a hearing. In determining said period of time, the Board shall consider all relevant factors, including the nature and extent of the nonconforming use; the length of time during which the nonconforming use has existed; whether such use was legal prior to the effective date of this section; the amount of investment in the nonconforming use; the amount of time needed to amortize the investment in the nonconforming use; and the character of the neighborhood.
(3)
The filing of an application pursuant to Subsection B for a conditional use permit authorizing the continued use of a preexisting extended-stay hotel, and the Village Board's consideration of such application, shall not constitute an admission or acknowledgment by either the Village or the applicant as to the prior legality of such use.
[Amended 4-7-2010 by L.L. No. 3-2010]
A.
The following may exceed the height limitations:
(1)
Chimneys or flues.
(2)
Elevator or stair bulkheads.
(3)
Flagpoles or aerials.
(4)
Parapet walls not more than four feet high.
(5)
Mechanical equipment:
(a)
Mechanical equipment (exclusive of telecommunications equipment for which a special permit has been issued or will be issued pursuant to Article XIIA of this chapter), including but not limited to water towers, cooling towers and air-conditioning condensers, provided that such equipment occupies, in the aggregate, 20% or less of the area of the roof on which it is located, and further provided that it is screened or otherwise concealed (other than by parapet walls) in a manner approved by the Village Commissioner of Public Services.
(b)
If the roof of a building has telecommunications-related equipment for which a special permit has been issued or will be issued pursuant to Article XIIA of this chapter, then the amount of the roof area which may be covered by mechanical equipment authorized under Subsection A(5)(a), when combined with the amount of roof area covered by telecommunications equipment authorized by permit under Article XIIA, shall not exceed 30% of the roof area of said building, as specified in § 225-104.5G of the Code.
(6)
Solar panels, provided that the roof is fully enclosed by a parapet,
the solar panels (at their highest point) do not exceed the height
of the parapet, and the amount of roof area covered by such solar
panels, when combined with the amount of roof area covered by mechanical
equipment and by telecommunications-related equipment, does not exceed
80% of the roof area. In the event that a building does not have a
parapet which fully encloses the roof, then a special permit, after
a hearing, shall be required to establish the amount of roof area
that may be covered by such solar panels and the manner of concealing
them. In the event that the amount of roof area covered by such solar
panels exceeds the percentage authorized under this subsection, then
the Board of Trustees, for good cause shown after a hearing, may issue
a special permit allowing the roof area to be covered by such panels
to exceed said percentage.
(7)
Any other structure, equipment or device which promotes energy conservation,
or a reduction in carbon emissions, or other environmental benefit,
provided that the Village Board, after a hearing, grants a special
permit for such structure, equipment or device.
B.
The above structures and equipment, shall be permitted only if they
are determined by the Village to not present any safety risks, including
but not limited to risks involving weight load, wind resistance, ingress
or egress, and access in the event of fire or other emergency.
C.
Special permits.
(1)
In determining whether to issue a special permit under this section,
the Village Board of Trustees shall consider the following factors:
(a)
The degree of variance from the standards otherwise applicable;
(b)
The reasons warranting the installation of the structure, device
or equipment and justifying a deviation from otherwise applicable
standards;
(c)
The amount of environmental or energy-savings benefits to be
achieved by the installation of the structure, device or equipment;
(d)
The effect on neighboring buildings;
(e)
The existence of feasible alternatives;
(f)
Aesthetic concerns; and
(g)
Any other relevant factors.
(2)
The Village Board may impose any conditions it reasonably deems necessary
in connection with the issuance of any such special permit.
A.
In the Residence A, B and C Districts, no part of
a building shall be erected in or shall project into a rear yard,
front yard or side yard except the following:
(1)
Cornices, eaves, gutters, chimneys or flues projecting
not more than 18 inches or window sills, belt courses or other ornamental
features projecting not more that four inches. Said projection shall
be measured from the extreme point of projection to the line of the
building.
(2)
One-story bay windows projecting not more than five
feet.
(3)
Balconies (with or without parapet walls and railings)
and steps.
(4)
One-story open porches which shall project into front
or rear yards not more than 10 feet, or which may project into one
side yard, but shall not be nearer to the side line of the lot than
the minimum side yard requirement.
(5)
One-story garage which is attached to and forms a
part of the main building, which shall project into one side yard,
but shall not be nearer to the side line of the lot than the minimum
side yard requirement. Such projection shall begin not less than 10
feet back from the front building line.
B.
All of the above exceptions are subject to building
area restrictions as provided for elsewhere in this chapter.
In the Residence T, Business, Residence E and
C-2 Zoning Districts, no part of a building shall be erected in or
shall project into a rear yard, front yard or side yard except where
specifically permitted elsewhere in this chapter.
A.
No owner or occupant of any corner lot or land in
the Village shall permit or maintain on any such lot or land, within
a radius of 30 feet from the point of intersection of the curblines
in front of said lot or land at the street corner, any wall, fence,
hedge, shrub, tree or other growth which shall exceed a height of
three feet above the curb of the road or highway at a point perpendicularly
opposite the same. The limbs or branches of trees, hedges and shrubs
located within said radius may nevertheless be maintained, provided
that no part thereof is more than five feet in height above the curb
of the adjoining road or highway at the point thereof perpendicularly
opposite the same.
B.
Any owner who has been notified by the Building Inspector
that any wall, fence, hedge, shrub or other growth on his premises
is in violation of this section, and shall fail to correct the condition
within five days of the sending of such notice by certified mail to
his last known address, shall be in violation of this section; and
in addition to the penalties otherwise enforceable, the Village may
thereafter correct any such conditions and assess the cost thereof
against the owner of said property. Such costs, if not paid, shall
be assessable against the property as a tax thereon.
No house trailer, camper, mobile home, boat
or other vehicle designed or used for living, sleeping or eating purposes
shall be stored on a lot or premises within the boundaries of the
Village unless the same is stored within a building.
The use of a lot or premises or a portion thereof
in a residential district for the purpose of parking or storing a
commercial vehicle is prohibited. A "commercial vehicle" is defined
as any type of motor-driven vehicle used for commercial purposes on
the highways, such as transportation of goods, wares and merchandise
and motor coaches carrying passengers, including trailers and semitrailers
and tractors when used in combination with trailers and semitrailers.
The use of a lot or premises or a portion thereof
in a residential district for the parking or storage of boats, boat
trailers or boat cradles is prohibited unless the same is stored within
a building, garage or other similar structure.
A.
Swimming pools shall be permitted as accessory to
any residential use permitted in this chapter on the same premises,
when permitted by the Board of Trustees after a public hearing held
upon such notice as is provided for herein. The Board of Trustees
shall not authorize the issuance of any permit under this provision
unless it finds in each case that the proposed pool and its appurtenances:
(1)
Are incidental and subordinate to a permitted principal
use.
(2)
Will not create a hazard to health, safety, morals
or general welfare of the users thereof or the owners or occupants
of adjacent, adjoining or nearby properties.
(3)
Will be used and maintained in such a manner as not
to annoy, disturb or cause discomfort to the owners or occupants of
adjacent, adjoining or nearby properties.
(4)
Shall be adequately screened, fenced and secured so
as to prevent danger or injury to persons and property.
(5)
Shall be equipped with suitable equipment for disposal
on the premises of the water that may be contained in the pool.
B.
All swimming pools and their appurtenances shall conform
to such requirements as the Board of Trustees shall prescribe as conditions
to the granting of any application for a permit therefor, as to, among
other things, height, area and setback requirements which in no event
shall be less than the following:
(1)
Any swimming pool and all its appurtenances and accessories
shall be located entirely in the rear yard of the premises.
(2)
The area of the swimming pool shall not occupy more
than 35% of the unoccupied area of the rear yard.
(3)
No part of the pool shall be located less than 25
feet from any lot line of the premises.
C.
The Board of Trustees may grant a swimming pool permit
for a period of years or otherwise and shall impose such reasonable
and appropriate conditions, restrictions and safeguards as it may
deem necessary or desirable to promote the health, safety, morals
and general welfare of the Village and to ensure the maintenance and
use thereof in accordance with the provisions of this section.
D.
Every application submitted for a permit under this
section shall be accompanied by the following:
(1)
Plot plan, showing existing structures and their respective
uses.
(2)
Plot, site and building plans of such proposed pool,
showing dimensions, design, location and use of all structures, equipment,
drainage, sanitary filtration, water supply and disposal facilities,
fencing and screening.
(3)
Such other information and data as the Board of Trustees
may direct.
(4)
A fee of $250.
[Amended 4-15-1992 by L.L. No. 2-1992]
E.
Upon the filing of any such application, the Board
of Trustees shall fix the time and place for a public hearing thereon
and shall give notice thereof by publishing such notice at least 10
days prior to the date thereof in the newspaper of record.
No owner or occupant of a lot or premises located
within the Village shall erect or maintain any fence or gate except
in accordance with the following provisions:
A.
A fence erected or maintained in the front yard of
any lot or premises shall not exceed four feet in height.
B.
A fence erected or maintained in the side and/or rear
yard of any lot or premises shall not exceed four feet in height.
C.
The height of a fence shall be measured from the unaltered
grade at the base of the fence to the highest point in the fence.
D.
The good or finished side of the fence is to face
the adjoining properties in the case of an interior lot line or to
the public street or right-of-way in the case of a property line contiguous
with a public place.
E.
All fences must be maintained in a sturdy, safe condition
and must be structurally sound and suitably painted or otherwise finished
at all times, unless the fence has a natural wood finish. Any slats,
components or members must be replaced as and when they become loose
or missing.
F.
The fence must be located fully within the property
lines of the subject premises.
G.
The use of barbed wire or sharp protuberances of wood,
stone, metal, glass or any other material is prohibited. Any existing
fence which is subject to any such condition must be altered so as
to eliminate any such condition within 90 days after the effective
date of this chapter.
H.
A permit must be obtained for the erection of any
fence with an application to be made on forms provided by the Village.
The fee for a fence permit shall be $50.
[Amended 4-15-1992 by L.L. No. 2-1992]
I.
The Building Inspector may, at his discretion, require
the applicant to provide the Village with a survey of the property
showing the fence on the property, such survey to be prepared by a
licensed surveyor or professional engineer. The Building Inspector
may do so whenever the fence is erected close to a property line and
there is some question as to whether the fence is wholly within the
subject property.
J.
No fence shall hereinafter be erected on any property
in the Residence A or Residence B Zoning District which encroaches
into the front yard of any property in any way, whether along the
front line or the side line of the property, or otherwise.
[Added 5-21-2008 by L.L. No. 2-2008]
K.
Any fence erected on any property in the Residence
A or Residence B Zoning District shall be constructed of natural materials,
such as wood or stone, or such other materials as shall be specifically
approved by the Village Board of Trustees. Notice of an application
to the Board of Trustees for approval of a fence made of nonnatural
materials shall be provided to all properties adjoining the property
on which the fence will be located.
[Added 5-21-2008 by L.L. No. 2-2008]
[Amended 6-19-1996 by L.L. No. 4-1996]
A.
Procedures.
(1)
No design unit constituting an auto-oriented
facility may be erected, altered or reconstructed (except for normal
maintenance without a permit from the Village's Board of Trustees.
Such a permit may be granted only after compliance with the requirements
applicable to such facility and after receipt of a design report in
accordance with the provisions of this section. Application for such
a permit shall be made on forms provided by the Village's Board, together
with such other information, such as photographs and drawings, as
are reasonably necessary to establish compliance with the provisions
of this chapter.
(2)
The fee for any permit shall be $250.
[Amended 4-15-1992 by L.L. No. 2-1992]
B.
Design review and reports.
(1)
Referral. Before a permit for a design unit
constituting an auto-oriented facility or a variance for work on such
a facility may be granted, the application for the permit or variance
shall be referred to the Building Inspector for a report.
(2)
Review considerations. In responding to applications, the Inspector shall consider whether the materials, textures, colors and details of construction are an appropriate expression of the design concept of the work proposed, whether it is appropriate to and compatible with its surroundings and any design development plan adopted pursuant to Article XIV of this chapter for the design district in which such work is to take place and whether such work would be consistent with the purposes of this chapter; provided, however, that the Building Inspector shall restrict his considerations to a reasonable and professional review.
(3)
Report content and procedures.
(a)
In any report required hereunder, the Building
Inspector shall make recommendations for approval, disapproval, amendments
or advice for possible conditions to be imposed.
(b)
Upon receipt of a design report from the Building
Inspector, the Board of Trustees or Board of Appeals, as the case
may be, shall consider such report in its decision and, notwithstanding
compliance with all other requirements of this chapter, may approve,
disapprove, amend or impose conditions on such application or proposed
plan based on design considerations; provided, however, that to the
extent its decision differs from the recommendations contained in
the Building Inspector's report, it shall state the reasons for such
differences in writing. Any applicant who requests it may obtain a
copy of the Building Inspector's design report in writing.
(4)
Conditions applicable to auto-oriented facilities. Except as otherwise provided by a design development plan adopted in accordance with the provisions of Article XIV, all auto-oriented facilities shall meet the following requirements:
(a)
Disposal or trash containers, vending machines
and storage racks shall be adequately screened from view from a public
street or sidewalk.
(b)
Lights used to illuminate the facility shall
be located so as not to shine directly on surrounding properties or
public streets or emit light of such intensity as to unreasonably
illuminate adjacent properties through glare or reflection.
(c)
There shall be provided a landscaped buffer
strip between any paved area and any abutting public street or sidewalk
and a separate landscaped buffer strip between any paved area and
any abutting design unit. Such strip shall produce a visual barrier
no lower than three feet above the grade of the curbline. Such height
may be achieved by a hedge, a masonry wall or a wooden fence, provided
that any such wall or fence provides adequate screening and is set
back as far as practical in the interior side of the strip. All plants
shall be natural, live and shall be regularly maintained. Such strip
may be broken for curb cuts, which should not exceed 25 feet in length.
Landscaping plans shall be submitted for approval to the Village Engineer
for purposes of assuring site distance and adequate vehicle and pedestrian
safety.
(d)
Notwithstanding the foregoing provisions, the
Board of Trustees may vary the requirements imposed in an auto-oriented
facility by this section, so long as such requirements achieve the
same level of performance and protection.
A.
No person shall install or have installed a dumpster
without the approval of the Building Inspector as to its location.
No person shall continue to use an existing dumpster unless approval
is received from the Building Inspector as to its location within
30 days after the effective date of this chapter.
B.
No person shall install or have installed a dumpster
without providing for the screening of it by fences, gates, living
plants or a combination thereof in a manner approved by the Building
Inspector. All existing dumpsters shall be screened by fences, gates,
living plants or a combination in a manner approved by the Building
Inspector within 30 days after the effective date of this chapter.
[Added 10-3-2018 by L.L.
No. 5-2018]
A.
ACCESSORY
COLLECTION RECEPTACLE
LAWFUL
PUBLICLY ACCESSIBLE
UNATTENDED
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A use which is customarily incidental and subordinate to
the principal use of a property, and located on the same lot as the
principal use, provided the principal use is lawful and actual.
A container, bin, pail, can, canister, box or similar structure
or device used for the collection and/or deposit of any physical material,
including but not limited to garbage, trash, refuse, newspapers, books,
plastic, cardboard, clothing, bottles and other physical items of
personal property, regardless of whether such materials are used or
new, regardless of whether such materials are collected/deposited
for profit or not-for-profit purposes, and regardless of whether such
materials are collected/deposited for sale, transfer, disposal or
redistribution.
A use which is permitted on a property either as of right
under the Village Code, or by having been grandfathered in as a permitted
use, or by reason of a conditional or special permit or variance.
That a receptacle can be accessed and used by members of
the public having no connection to the property other than the use
of the receptacle and who are invited onto the property to deposit
items into the receptacle either by signage or by explicit solicitation
or by implicit solicitation as a result of the location and placement
of the receptacle on the property.
That the collection receptacle is not monitored and maintained
by a person located on the same property as the receptacle at least
40 hours per week and whose primary job is the monitoring, maintenance
and observation of the receptacle.
B.
Prohibition.
(1)
All unattended collection receptacles are prohibited on private
property in the Village unless such receptacles are accessory to the
principal use of the property, which principal use is lawful, active
and ongoing during the period that the receptacles are located on
the property.
[Amended 6-19-1996 by L.L. No. 4-1996]
No person shall erect, keep or maintain or cause,
permit or suffer to be erected, kept or maintained any tombstone except
in the backyard of a building plot, and further provided that it must
be hidden from public view by screens, plantings or some combination
thereof.
Utility wiring serving a multiple dwelling shall
be so arranged as to be contained in a single feeder cable capable
of serving the needs of the entire building. The cable shall connect
the shortest distance between the utility pole and the nearest point
of entry on the building. Individual cables from utility poles to
individual dwelling units shall not be permitted.
[Amended 6-19-1996 by L.L. No. 4-1996]
A.
Application. The provisions of this § 225-104 shall apply only to security gates located in front of or behind doors, windows or other openings facing or fronting on a public road or highway located within the Business and C-2 Districts and commercial buildings and uses in all districts.
B.
Restrictions.
(1)
No security gate shall be erected or maintained
in front of doors, windows or other openings facing or fronting on
a public road or highway located within the Business and C-2 District
and commercial buildings and uses in all districts.
(2)
No security gate erected or maintained behind
doors, windows or other openings facing or fronting on a public road
or highway located within the Business and C-2 District and commercial
buildings and uses in all districts, unless first approved by the
Board of Trustees at its sole discretion. The area of any such gate,
when in the closed position, shall be at least 90% open with the bars
and crossmembers comprising no more than 10% of the expanded area
of the gate, and the quality and construction of any such gate shall
be decorative in nature.
C.
Permits.
(1)
No permit shall be issued until the Board of
Trustees has examined and approved, in writing, the proposed security
gate as complying with all of the provisions of this chapter.
(2)
Permits shall expire three months following
the date of issuance if no substantial work is begun and may be renewed
upon written application to the Building Inspector.
D.
Fees. The fee for a permit for the erection, alteration
or maintenance of a security gate shall be $100. Said fee shall be
submitted at the time the application is presented to the Building
Inspector.
[Amended 4-15-1992 by L.L. No. 2-1992]
