[Amended 11-17-2003 by L.L. No. 4-2003]
In a residence district, a plot or parcel of land improved with
a single-family residence may be used for the construction, use and
maintenance of one athletic court, as a special exception, only when
permitted by the Board of Appeals, after a public hearing and subject
to all of the following.
[Amended 11-17-2003 by L.L. No. 4-2003]
Every application for an athletic court shall be accompanied
by a plot plan, drawn to scale, together with plans in duplicate,
in sufficient detail to show:
A.
Location and size of the plot.
B.
Location of the site of the proposed athletic court in relation to
adjoining properties.
C.
Computation showing percentage of land proposed to be used for the
athletic court and existing improvements.
D.
Breakdown of estimated cost used in application.
E.
Location and size of all existing improvements on the plot.
F.
Nature and type of materials to be used for the playing surface of
the athletic court.
G.
A fee of $250 plus the additional fees payable for the construction of a structure as set forth in Article XIV of this chapter.
H.
A surety bond in the sum of $1,000 shall be posted by the applicant
to guarantee reimbursement to the Village for any damage sustained
to its highways or other property arising out of or in connection
with the construction of the athletic court.
I.
At the time when an application is made to the Board of Appeals for
a special exception permit to construct an athletic court, the applicant
shall provide to the Board a survey of the property prepared by a
licensed land surveyor or professional engineer showing the location
of the athletic court as it has been or shall be marked or staked
out. The survey shall include dimensions of the athletic court and
distances from all property lines and structures then located on the
plot or parcel of land. The applicant shall further state on the application
that the athletic court as located on the survey does not require
any change to be made due to the existence of any natural or man-made
objects, including but not limited to trees, or the existence of any
exceptional topographical conditions that would require the location
of the proposed athletic court to be moved or otherwise relocated.
[Amended 11-17-2003 by L.L. No. 4-2003
The Board of Appeals, in considering an application for an athletic
court, shall not grant the application unless it finds, in each instance,
that the proposed use of the plot or parcel of land and the fence
to be erected will:
A.
Not adversely affect the public health, safety and general welfare.
B.
Not depreciate the value of the property in the area immediately
adjoining the land being so used.
C.
Not alter the essential character of the neighborhood.
D.
Be used solely for the use of the applicant, his family and guests.
E.
Not interfere with the use and enjoyment of the adjoining properties
by the owners or occupants thereof.
[Amended 11-17-2003 by L.L. No. 4-2003]
Only one athletic court shall be permitted on the subject premises.
[Amended 11-17-2003 by L.L. No. 4-2003]
The athletic court and any fence enclosing any part of the athletic
court shall be located entirely within the rear yard. Where any parcel
or plot has frontage on more than one street, any yard facing that
street shall be deemed to be a front yard.
[Amended 11-17-2003 by L.L. No. 4-2003]
No part of the athletic court or any fence enclosing any part
of it shall be located within 20 feet of any rear or side lot line.
The tennis court shall be enclosed by a chain link fence, and
the fence fabric shall be covered with a green plastic coating. Such
part of the fence as is parallel to or follows generally the rear
house line may have such opening or openings as the owner may deem
appropriate. The fence shall have a height of not less than eight
feet nor more than 10 feet above the natural grade of the land at
the places where erected. The end and corner posts of the fence shall
be two-and-one-half-inch-inside-diameter galvanized pipe with a wall
thickness of not less than 0.203 of an inch. Line posts shall be two-inch-diameter
galvanized pipe with a wall thickness of not less than 0.154 of an
inch. There shall be three horizontal rails running between the vertical
pipes situated at the top, center and bottom of the chain link fabric,
and said rails shall be one-and-one-fourth-inch-inside-diameter galvanized
pipe having a wall thickness of 0.14 of an inch. The distance between
posts shall not exceed 10 feet. No covering or decoration of any kind
shall be attached to any fence other than living plants.
[Amended 11-17-2003 by L.L. No. 4-2003]
The athletic court and all fencing surrounding the athletic
court shall be completely screened from adjoining properties by a
living screen of evergreen trees which shall have a height of at least
eight feet when planted and shall be planted five feet on center between
the fencing enclosing the athletic court, and all the lot lines of
the plot on which the athletic court is located, except only that
side of the athletic court which faces the dwelling. The trees shall
be maintained and replaced so long as the fencing remains on the premises.
[Amended 11-17-2003 by L.L. No. 4-2003]
The height of the playing surface of the athletic court shall
not be above the existing mean level of the ground immediately adjoining
the athletic court area prior to its construction, and the athletic
court shall be so constructed and maintained so as to prevent any
drainage or surface water from flowing onto any adjacent properties
or streets.
[Amended 11-17-2003 by L.L. No. 4-2003]
The athletic court shall be used only by the residents of the
dwelling on the subject property and their guests. Said athletic court
shall not be used prior to 9:00 a.m. of any day nor later than sunset
of any day. No lights or other illumination of any kind shall be installed,
used or maintained in connection with the use or maintenance of the
athletic court, nor shall any loudspeaker or sound-amplification device
or system be permitted.
[Amended 11-17-2003 by L.L. No. 4-2003]
The athletic court shall be an outdoor athletic court only,
and no part of the same shall be housed or enclosed by any enclosure,
covering, roof or any other device, whether of a temporary or permanent
nature.
It shall be the duty of the occupant of the premises to avoid
and prevent any noises, whether made by people or any other means,
which may disturb the peace and tranquility of the neighborhood or
interfere with the repose and comfort of the occupants of any adjoining
or abutting dwelling.
[Amended 11-17-2003 by L.L. No. 4-2003]
Not later than seven days prior to the public hearing, the applicant
shall file with the Village Clerk proof of service of written notice
to the owners of all parcels of land within a radius of 200 feet from
all the boundary lines of the applicant, which notice shall be given
by registered or certified mail, return receipt requested, and shall
state the date of the hearing and the nature of the application.
Notice of public hearing on any application for a special exception
as herein provided shall be given by the Village Clerk by the publication
of a notice in the official newspaper of the Village specifying the
time when and the place where such hearing will be held and in general
terms describing the application. Such notice shall be published once
at least seven days prior to the date specified for such hearing.
In the event that such hearing shall not be concluded on the day so
noticed or if such public hearing shall be adjourned, no further notice
or publication shall be required, provided that the adjourned or continued
date be announced at said hearing.
