A.
General provision. The uses for which conformance
to additional standards is required by this chapter shall be deemed
to be permitted uses in their respective districts, subject to the
satisfaction of the requirements and standards set forth herein in
addition to all other requirements of this chapter. All uses listed
as subject to additional standards are declared to possess characteristics
of such unique and distinct form that each specific use shall be considered
as an individual case, and they shall conform to the following general
requirements as well as the pertinent specific requirements.
B.
General requirements for uses under this article.
(1)
The location and size of the use, the nature and intensity
of the operation involved in or conducted in connection with it, the
size of the site in relation to it and the location of the site with
respect to streets giving access to it shall be such that it will
be in harmony with the appropriate and orderly development of the
neighborhood in which it is proposed to be located and shall accord
with and promote the purposes set forth in § 7-704 of the
Village Law.
(2)
The operation in connection with any such use shall
not be more objectionable to nearby properties, by reason of noise,
vibration, excessive light, smoke, gas, fumes, odor or other atmospheric
pollutant, than would be the operations of any other permitted use
in the same zoning district.
(3)
The entrance and exit drives shall be laid out so
that there is maximum safety for vehicular traffic and pedestrians.
(4)
Buffer planting, walks and fences shall be required,
where necessary, to protect adjoining residential properties. Such
planting shall be specified in detail when a plan is approved.
(5)
Exterior lighting shall be so installed and arranged
as to reflect light away from adjoining streets and to prevent any
nuisance to property in adjoining residence districts.
A.
Application for a building permit; required map and
plan. An application for a building permit involving a use subject
to additional standards shall be made to the Building Inspector. An
area map, showing the location of the property with respect to surrounding
property, streets and other important features, and a plan for the
proposed development shall be submitted with an application for a
building permit. The plan shall show the location of all buildings,
parking areas, traffic access and circulation drives, open spaces,
landscaping, topography, special features and any other pertinent
information, including such information about neighboring properties
as may be necessary to determine that the requirements of this chapter
are met.
(1)
Every application made pursuant to this section to
the Board of Appeals for a permit shall contain and conform to the
following regulations:
(a)
The person, firm or corporation for whom or
for which the use is intended shall be the owner of the fee title
of the lot or premises on which the use is sought at the time application
is made.
(b)
The application shall be in writing and shall
be made and be verified by the fee owner of the lot or premises.
(c)
The name and address of the owner.
(d)
If a firm or corporation, the full name and
residence of each member of the firm or that of the principal officer
of the corporation, as the case may be.
(e)
Land and tax map description and the area of
the lot or premises.
(f)
Description of existing structures and uses.
(g)
Distance from public water supply.
(h)
Statement of proposed use.
(i)
Period of time for which the permit is requested.
(2)
Accompanying said verified application, which shall
be construed as constituting a part thereof, shall be submitted:
(a)
A site plan showing the location and uses of
existing buildings, structures, facilities and open spaces on the
lot or premises, including, but not limiting the foregoing, parking
areas, sports and recreational areas, driveways, walks, means of water
supply, buildings and structures on adjoining premises with 200 feet
of the subject lot or premises, streets and highways and the width
thereof abutting the subject lot or premises.
(b)
A site plan showing all existing buildings and
facilities to be retained and all future proposed buildings, structures,
facilities, open spaces and their uses on the lot or premises, including,
but not limiting the foregoing, parking areas, sports and recreational
areas, driveways, walks and landscaping. Dimensions and distances
shall be set forth on the plan.
(c)
A statement setting forth all present and proposed
future uses of the buildings, structures and facilities.
(d)
When buildings and structures are to be erected
or altered, a certificate of the Building Inspector that an application
has been filed for a building permit and that the plans, specifications
and facilities comply with all laws, ordinances and regulations applicable
to the intended use.
(e)
Where no buildings or structures are to be erected,
a certificate of the Building Inspector that an application has been
filed for a use permit and that the existing buildings, structures
and facilities comply with all laws, ordinances and regulations applicable
to the intended use.
(3)
No use of the lot or premises or buildings, structures
or facilities thereon, nor the erection or alteration of any building,
structure or facility other than as shown on the site plan and/or
described in the statement approved by the Board of Appeals in the
granting of a permit, shall be made except on application to the Board
of Appeals to amend said site plan and statement, and any amendment
of said site plan and statement shall be acted upon in the same manner
as an original application for a permit under this section.
(4)
The Board of Appeals, in authorizing the issuance
of any permit under this section, may provide that said permit shall
be temporary and fix the term thereof. Any application for a renewal
of a temporary permit shall be acted upon in the same manner as an
original application.
B.
Referral of application to Board of Appeals. Each
application for a permit involving a use subject to additional standards
and requirements, together with the required map and plan, shall be
referred to the Board of Appeals by the Building Inspector. No action
shall be taken by the Building Inspector regarding the issuance of
the permit applied for until the Board of Appeals has rendered its
decision and order made thereon after public notice and hearing.
C.
Board of Appeals report; considerations and scope. In making its decision and order, the Board of Appeals shall be subject to and bound by all the requirements set forth in this article and shall give effect to the general standards and requirements set forth in § 195-15 hereof and to the specific standards and requirements for each such use under consideration as set forth in §§ 195-17 through 195-20. However, in the case of a parcel of land where a use subject to addition standards was in existence on said parcel on or before the enactment of the original Building Zone Ordinance, the Board of Appeals shall have the power to vary the minimum yard, height and setback requirements for structures and other facilities subject to the criteria contained in § 195-39B(3) of this chapter. Said decision and order shall state whether or not the specific and general standards and requirements have been met by the applicant or whether the minimum yard, height and setback requirements have been varied as authorized above and shall include appropriate and reasonable conditions and safeguards which the Board of Appeals itself deems necessary to impose in any case to assure continual conformance to all applicable requirements.
[Amended 10-12-1975 by L.L. No. 1-1975]
D.
Action by Building Inspector. If the decision and order of the Board of Appeals indicate that all applicable requirements have been met or that minimum yard, height and setback requirements have been varied as permitted by Subsection C above and the Building Inspector has determined that all other applicable requirements and laws have been complied with, he shall issue the building permit for which application has been made, in accordance with § 195-15B. The Building Inspector may include such conditions and safeguards in the permit and certificate of occupancy as have been imposed by the Board of Appeals in its decision and order. If the Board of Appeals shall make a finding in its decision that any of the applicable requirements have not been met or if the Board of Appeals does not grant variances from the minimum yard, height and setback requirements permitted by Subsection C above, the Building Inspector shall consequently not issue the building permit for which the application has been made.
[Amended 10-12-1975 by L.L. No. 1-1975]
E.
Expiration of building permits. A building permit
issued for a use subject to additional standards shall be deemed to
authorize only that particular use, and such permit shall be considered
null and void if within one year from the date of issue all improvements
required for said use are not completed, unless otherwise provided
in the Building Inspector's approval of said use.
F.
Revocation of building permits. A building permit
issued for a use subject to additional standards may be revoked by
the Building Inspector if it is found and determined that there has
been a failure of compliance with any one of the terms, conditions,
limitations and requirements imposed by said permit.
G.
Existing violations. No permit shall be issued for
a use subject to additional standards for a property where there is
an existing violation of this chapter.
A.
Private primary or grade schools as defined herein.
The lot for any such school shall have an area of at least 10 acres.
Such lot shall have a frontage of at least 200 feet on a suitably
improved public street. No such school shall be designed, erected,
altered or used for more than 300 pupils.
B.
The lot for any parochial or private secondary, junior
high or high school shall have an area of at least 15 acres, plus
one acre for each 100 pupils, or major portion thereof, in excess
of 250 pupils. Such lot shall have a frontage of at least 400 feet
on a suitably improved public street. No private or parochial junior
high or high school shall be designed, erected, altered or used for
more than 500 students.
C.
The lot for any parochial or private university, college
or seminary shall have an area of at least 25 acres, plus five acres
for each 100 pupils, or major portion thereof, in excess of 200 pupils.
Such a lot shall have a frontage of at least 500 feet on a suitably
improved public street. No private or parochial university or college
shall be designed, erected, altered or used for more than 750 pupils.
D.
All buildings shall be located at least 200 feet from
street lines and at least 100 feet from all other property lines.
Grandstands, gymnasiums, central heating plants and similar buildings
shall be set back at least 200 feet from all property lines. The distance
between buildings shall be at least twice the height of the taller
building. Total coverage of the site by all buildings shall be limited
to 20%. Dormitories and single-family dwellings shall be permitted
as accessory buildings, provided that the minimum area of the lot
shall be increased by at least 1,000 square feet for each dormitory
bed and by at least the minimum lot area of the applicable zoning
district for each single-family dwelling. Use of such dormitories
or dwellings shall be limited exclusively to students, teachers or
other members of the staff of the school or college, and a dormitory
or dwelling shall not subsequently be sold or rented as a private
residence or for any other legal use unless the building and any required
lot surrounding it shall meet all regulations of the district in which
it is located.
E.
One off-street parking space shall be provided for
each teacher or other member of any private school or university or
college staff, and one additional space for each five students. For
auditoriums, gymnasiums, grandstands and other gathering places, one
off-street parking space shall be provided for each three seats.
F.
A school site shall contain suitably designed and
improved outdoor playground or playfield areas of the following size:
|
School
|
Minimum Playground Size
(acres)
|
Minimum Area of Playground Per 100 Students
(acres)
|
|---|---|---|
|
Primary
|
3
| |
|
Junior or senior high (secondary)
|
5
|
1.5
|
|
College or university
|
5
|
2
|
G.
Such playgrounds or playfields shall be located no
closer than 150 feet to any property line.
A.
The site shall be at least 20 acres in area for a
tennis, skating or swimming club and at least 60 acres in area for
a golf club, country club or riding club.
[Amended 7-18-2000 by L.L. No. 3-2000]
B.
For country club use, at least one off-street parking
space shall be provided for each 200 square feet of floor, terrace
and patio space devoted to patron use. For golf club use, at least
five off-street parking spaces shall be provided for each tee, plus
five spaces for visitor and employee parking. Parking areas shall
be permanently improved and shall be located at least 100 feet away
from all property lines. Suitable screening or fencing must be provided
to safeguard adjoining property from nuisances or for safety reasons.
[Amended 7-18-2000 by L.L. No. 3-2000]
C.
There shall be no more than two permanent single-family
dwellings on the club site, and each dwelling shall not be occupied
by more than one family.
D.
All buildings and structures shall be set back at
least 200 feet from all property lines and shall not cover more than
10% of the site.
E.
All athletic or recreation areas and facilities shall
be located at least 150 feet from all property lines, except that
a golf tee may be located no less than 100 feet from any property
line.
F.
Outdoor public address systems may not be permitted.
G.
One sign, not exceeding four square feet in area,
not flashing and not lighted by exposed tubes, bulbs or other exposed
light sources, announcing the name of the club may be permitted facing
each street on which it is situated.
I.
(Reserved)
J.
Permits shall be authorized by the Building Inspector
for five-year periods.
K.
A special permit may be granted only when the petitioner
files with the Board of Appeals written consents, duly acknowledged,
of the owners of at least 75% of all land which lies outside of and
within 1,000 feet of each boundary line of the lot or lots of the
petitioner to be used for such special permit use, excluding, however,
in such one-thousand-foot computation all the land contained in public
streets and all the land owned by the petitioner which is adjacent
to the lot or lots intended to be used for such special permit use,
and, if the petitioner shall be a prospective purchaser with a contract
of purchase, all lands which lie adjacent to the lot or lots to be
used for such special permit use owned by the seller; provided, however,
that notwithstanding such limitation the Board of Appeals, by majority
vote of all the members of the Board then in office, may grant permission
for any such use even though consents are not so filed on behalf of
the owners of at least 75% of the above-mentioned area.
[Amended 7-18-2000 by L.L. No. 3-2000]
A.
Building area. All buildings, including accessory
buildings, shall not cover more than 10% of the area of the lot.
B.
Height. The height of any principal building shall
not exceed 25 feet. The height of any accessory building shall not
exceed 20 feet, except that an accessory building may be 25 feet in
height, provided that it shall be a distance of at least 100 feet
from the main building.
C.
Yards. Each lot shall have front, side and rear yards
not less than the depths and widths following:
(1)
Front yard depth: 110 feet.
(2)
Side yard width: 50 feet each for a one-story principal
building and 70 feet each for a building of two or more stories. However,
when a side yard abuts a street line the width shall be 110 feet.
(3)
Rear yard depth: 50 feet for a one-story principal
building and 70 feet for a two-story principal building.
D.
Parking area. Off-street parking on the lot shall
be provided in a paved area equal in area to one times the area of
the buildings. Such parking area may extend into the side and rear
yards but shall be distant not less than 30 feet from any lot line
and 20 feet from any street line.
E.
Screen. Where a parking area abuts a property line
a screen of evergreen shrubs four feet in height and 20 feet in width
shall be installed and maintained along said lines.
F.
Marginal roadway. A marginal roadway 50 feet in width
in the front yard and in any side yard abutting a street shall be
provided. Said marginal roadway shall extend from the road or street
line into the front and side yard and shall be separated from the
street by a mall 10 feet in width; no more than two openings in the
mall for access shall be made on any one street; the mall shall be
curbed; the pavement in the roadway shall be 30 feet in width; and
a sidewalk four feet in width shall be constructed along the inner
side of the marginal roadway. All work and construction hereinabove
set forth shall be in accordance with Village specifications and regulations.
[Added 4-17-1979 by L.L. No. 2-1979]
Notwithstanding other provisions of this chapter
to the contrary, the use for rental purposes of farm dwellings or
farm dwelling units which were in existence and were used for dwelling
purposes in connection with a farm or farm use prior to the effective
date of this chapter may be permitted by the Zoning Board of Appeals,
subject to the following conditions.
A.
Such special permit use shall be limited to the R-5A
Rural Residence District.
B.
Sufficient land shall be committed and dedicated to
the special permit use area to ensure a density no greater than one
dwelling unit per five acres in the R-5A District.
C.
In addition to the above density, a residence may be permitted for one caretaker as defined under the term "building or use, accessory," in § 195-3 hereof.
D.
Each overall parcel not divided by a publicly owned highway devoted to such special permit use shall be at least 20 acres in size and shall meet the lot area standards established in Items 2 through 5 of § 195-14, Schedule of area, yard and other dimensional standards, for the R-5A Rural Residence District.
E.
Structures and facilities under consideration for
approval shall be limited to those which were in existence at the
effective date of this chapter and which were in use for dwelling
purposes at that time. Any approval for rental dwelling unit purpose
shall result in a dwelling unit which complies with the State Uniform
Fire Prevention and Building Code and other applicable health and
safety regulations. No new external construction shall be permitted
except for maintenance and safety purposes, as required by law.
F.
Any permit issued in accordance with this section
shall run with the land and shall expire five years after the issuance
of the permit unless renewed after review and approval by the Zoning
Board of Appeals, subject to findings by the Board of continued compliance
with the terms of the original approval and this chapter and the continued
compatibility with adjacent land use.
G.
During the term of any permit issued in accordance
with this section, the owner of the subject parcel shall, upon the
request of the Building Inspector, and in such detail as may be requested
by him, furnish an affidavit with respect to compliance with the terms
of such permit and this chapter.
H.
No parcel for which a certificate of occupancy is
granted or for which a permit is granted in accordance with the standards
of this section shall be subdivided or used for any other purpose
unless approved by the Board of Appeals.
[Added 8-31-2004 by L.L. No. 1-2004]
A retail antique studio may be permitted by the Board of Zoning Appeals on the first floor of a historic dwelling, provided there is compliance with and subject to the standards and requirements set forth in § 195-15 and § 195-16 of the Code, and the following conditions:
A.
This section shall apply only to a dwelling within
the Village which is over 100 years old and is located on a parcel
which has a minimum lot area of two acres and is situated within or
immediately adjacent to the Village's Business District.
B.
The retail antique studio shall be located only on
the first floor of the existing principal dwelling and shall not exceed
a contiguous area greater than one-quarter of the first floor of the
existing dwelling or 500 square feet, whichever is less.
C.
The retail antique studio shall be owned and operated
by the property owner who must reside in the dwelling as his principal
residence. The retail antique studio's use shall be incidental to
the use of such dwelling which shall be primarily occupied for residential
purposes.
D.
There shall be no display or advertising on the premises
or along the road frontage in connection with this use, except for
one unilluminated sign along the road frontage not exceeding four
square feet in area, stating the name of the owner and the term "antique
studio."
E.
Adequate off-street parking shall be provided for
every 200 square feet of area devoted to the retail antique studio,
plus an additional parking space for one employee. The parking area
shall be adequately located from the street and adjacent properties
to minimize adverse impact on adjacent property. Suitable site screening
may be required to mitigate visual and sound impacts of the parking
area and use.
F.
No use shall be made of any accessory building in
connection with such retail antique studio use.
G.
The Board of Zoning Appeals may require the submission
of a site plan showing all existing buildings and facilities to be
used and may impose appropriate conditions and safeguards designed
to mitigate any adverse impacts that such use may have on the Village
and adjacent properties.
H.
The Board of Zoning Appeals may impose reasonable
conditions, including but not limited to type of antiques to be displayed
and sold, the hours of operation, number of employees, days of operation,
parking configuration, exterior lighting, ingress and egress, and
require the exterior of the existing dwelling to be preserved and
maintained. Outdoor displays, yard sales and outdoor storage of stock
or shipments shall not be permitted.
I.
A permit issued in accordance with this section shall
expire five years after issuance or immediately upon the existing
dwelling being removed, destroyed or deemed uninhabitable. The Board
of Zoning Appeals may renew said permit, provided that after a public
hearing there is a finding by the Board of Zoning Appeals of continued
compliance with the terms of this section and the original approval.
The Board of Zoning Appeals may revoke said permit, after a public
hearing and a finding by the Board of Zoning Appeals of noncompliance
with the terms of this section or the original approval. The Board
of Zoning Appeals may revoke a permit for a material breach of any
condition of approval after providing written notice and a reasonable
opportunity to correct the violation.
