Where a use is allowed under this chapter in a residence district
only if approval of the Zoning Board of Appeals is obtained, the clause
is not severable, and such use is deemed prohibited under this chapter
unless the Board grants such approval.
A.
No lot shall be so reduced that the dimension of any of the open
spaces shall be smaller than herein prescribed.
B.
No yard or other open space required about any building for the purpose
of complying with this chapter shall be used as the yard or other
open space for another building on the same lot.
C.
Where a lot is formed from a larger plot already occupied by a building,
the separation shall be effected in such manner as not to impair the
provisions of this chapter with respect to existing buildings, and
no permit shall be granted for the erection of a building on the new
lot thus created unless it complies with the provisions of this chapter.
D.
Where a front yard or frontage is required with respect to any building,
such yard and frontage to the width required shall extend for the
entire distance between the building and the street on which the lot
fronts.
A.
No detached accessory building shall be nearer the front street line
than 60 feet.
B.
A garage attached to or connected with a dwelling by a covered porch
or breezeway shall not be required to be set back from the street
line a greater distance than the main building.
C.
No setback from a rear lot line shall be required in the case of
a boathouse.
Notwithstanding any other provisions of this chapter, where
reference is made to lot area or street frontage requirements in any
and all use zones, and further reference to exceptions as to a lot
in single and separate ownership as of a certain date, a combining
of a substandard plot with another substandard plot or with a conforming
plot into single ownership shall constitute a merger of such plots,
and thereafter use of such merged plots shall be in accordance with
the requirements of this chapter in effect at the time of such merger.
When such merger shall have been so effected, then to the extent that
such merger shall have increased the size of the single ownership
plot, the single and separate ownership exceptions to the requirements
of this chapter shall still be applicable, and this interpretation
shall apply in all zones.
A.
It shall be unlawful to divide a parcel of land into two or more
lots which will result in the creation of one or more undersized or
substandard-sized plots with relation to area and street frontage
requirements in force at the time of the division without a variance
from the Zoning Board of Appeals.
It shall be a violation of this Code to solicit or advertise,
for purposes of selling or renting property or portions of property
in the Village, that such property or portions thereof may be used
for purposes which would constitute a violation of this Code.
Every apartment or dwelling unit in a two-family dwelling or
a multiple dwelling shall contain a minimum of 500 square feet of
habitable floor space.
A.
No fence, trellis, pergola or other similar structure shall be erected
without a fence permit issued by the Code Enforcement Officer. No
such structure shall exceed the following heights, as measured from
the average grade adjacent to said structure, or be of a different
design as hereafter specified, without a special exception from the
Zoning Board of Appeals:
(1)
Four feet in height of nonsolid and see-through design in the
front yard of any parcel, and in the portion of any yard of any premises
abutting a waterway in the Village.
(2)
Five feet in height of either solid or nonsolid design from
the front building line in the side or rear yard of any parcel except
waterfront parcels.
(3)
Six feet in height of either solid or nonsolid design from the
front building line in the side or rear yard of any parcel adjacent
to property used for nonresidential purposes.
B.
Any fence which has a finished and an unfinished side shall be installed
with the finished side facing the abutting property.
C.
No fence shall have barb wire or any razor-like wire.
D.
The design of the fence shall be the same or substantially similar
to one of the samples in Exhibit A at the end of this chapter.
E.
The Board of Trustees shall establish the fee for fence permits by
resolution.
No public garage and no gasoline service station shall be erected,
or substantially altered, within 200 feet of any premises used for
residential purposes in the Village without a special use permit from
the Board of Trustees in accordance with § 7-725-b of the
Village Law. Said special use permit shall be in addition to any relief
required from the Zoning Board of Appeals and the Planning Board by
this Code.
A.
The minimum lot area required for any fast-food establishment shall
be 40,000 square feet.
B.
Any parcel containing a fast-food establishment that abuts any other
parcel that is zoned or used for residential use or for any noncommercial
or nonindustrial purpose shall contain a planted buffer area at least
20 feet in width, which shall also contain an earth berm. The plantings
in the buffer area shall consist of such permanent high-growing evergreen
and flowering woody plants and low- to moderate-level vegetation as
the Planning Board shall direct.
C.
No external speakers or amplified music shall be permitted.
D.
A stacking lane, servicing the drive-in, drive-through or drive-up
window or windows shall be provided, which shall accommodate no less
than 10 cars.
In a Business or Industrial District, no building shall be erected
or altered more than 200 feet from any public street without the approval
of the Board of Trustees.
The Board of Trustees may from time to time amend, supplement,
change, modify or repeal this chapter, including the Building Zone
Map, after a public hearing as provided in this article.
The Board of Trustees shall fix the time and place of the hearing required in § 183-142 and cause at least 15 days' notice thereof to be given by the publication of a notice in a newspaper of general circulation in the Village specifying the time and place of such hearing and stating the general nature of the proposed amendment or change.
Whenever the owners of 50% or more of the frontage in any area of substantial size shall present to the Board of Trustees a petition duly signed and acknowledged requesting an amendment, supplement, change, modification or repeal of the regulations prescribed or of the Building Zone Map, it shall be the duty of the Board of Trustees to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed in § 183-143.
[Amended 1-24-2011 by L.L. No. 1-2011]
Upon the filing of any petition with the Board of Trustees in accordance with § 183-144, or upon the written application of a property owner to rezone his property by local law, there shall be a fee paid to the Village Clerk as set by the Board of Trustees by resolution.
It shall be unlawful for the owner or occupant of a property
used for residential purposes to park or store, or to allow another
person to park or store on such premises a commercial vehicle as defined
in the Vehicle and Traffic Law having a gross weight in excess of
6,000 pounds, heavy construction equipment or equipment trailer between
the hours of 10:00 p.m. and 6:00 a.m. unless a permit therefor has
been issued by the Village Clerk upon the approval of the Board of
Trustees. For purposes of this section, "heavy construction equipment"
shall mean a crane, bulldozer, front-end loader, backhoe or other
similar vehicle used for earthwork, road work or building construction,
and an "equipment trailer" shall mean a trailer capable of carrying
any such equipment. The fee for such permit shall be established by
resolution of the Board of Trustees and may be so modified from time
to time.
It shall be unlawful for the owner or occupant of a property
used for residential purposes to park or store, or to allow another
person to park or store a motor vehicle, as defined in the Vehicle
and Traffic Law, on any portion of such property which is not paved
with asphalt, concrete, paving stones, gravel or other similar material,
unless a permit therefor has been issued by the Village Clerk upon
the approval of the Board of Trustees. For purposes of this section,
boats and boat trailers shall not be considered motor vehicles.
[Added 3-11-2013 by L.L. No. 1-2013; amended 3-14-2016 by L.L. No. 4-2016]
Notwithstanding any provision in this Chapter 183 to the contrary, a dwelling in existence on October 29, 2012, located in an area of special flood hazard may be elevated so that its lowest floor (including basement) is not less than two feet nor more than three feet above base flood elevation, without obtaining a height variance from the Zoning Board of Appeals, regardless of the actual height of said dwelling measured from the top of curb or crown of the road, whichever is applicable. This provision is limited to the main dwelling on any property and shall not apply if the exterior footprint of said dwelling has been altered or the height has been increased, other than by elevating such dwelling as authorized herein, on or after October 29, 2012. In all other cases, the height limitations set forth in the respective zoning districts shall apply to all buildings and structures therein.
