A.
Conformity required. No building shall be erected, constructed, moved,
altered, rebuilt or enlarged, nor shall any land, water or building
be used, designed or arranged to be used for any purpose except in
conformity with this chapter.
B.
Minimum requirements. In interpreting and applying this chapter,
the requirements contained herein are declared to be the minimum requirements
necessary for the protection and promotion of the public health, safety,
morals, comfort, convenience and general welfare.
A.
Other applicable codes, standards and regulations. There are many other applicable codes, standards and regulations of the Village of Wesley Hills in addition to this chapter. These include Chapter 193, Subdivision of Land, Chapter 221, Wetlands, and the Building Code.
[Amended 9-12-2006 by L.L. No. 4-2006]
B.
Conflicting standards. This chapter shall not be deemed to affect
in any manner whatsoever any easements, covenants, or other agreements
between parties; providing, however, that where this chapter imposes
a greater or lesser restriction upon the use of buildings or land
or upon the erection, construction, establishment, movement, alteration
or enlargement of buildings than are imposed by other local laws,
rules, regulations, licenses, certificates or other authorizations,
or by easements, covenants or agreements, the more restrictive requirements
shall prevail.
A.
Continuing existing uses, buildings and structures.
(1)
Except as otherwise provided herein, the lawfully permitted use of
lands or buildings and the lawfully permitted existence of buildings
or structures at the time of the adoption of this chapter may be continued
although such use, building or structure does not conform to the standards
specified in this chapter for the district in which such lands, buildings
or structures are located. Similarly, whenever a zoning classification
or the restrictions affecting property within a district shall be
changed hereafter so as to render nonconforming a use, building or
structure then presently or theretofore lawfully existing, such use,
building or structure may nevertheless continue subject to the conditions
set forth below. Said uses shall be deemed nonconforming uses, and
said buildings and structures shall be deemed dimensionally nonconforming.
(2)
Any use in existence as of the effective date of this chapter which
is by this chapter made a special permit use in the district in which
it is located shall be presumed to have a special permit if such use
was legally conforming, with respect to all use and dimensional requirements
applicable thereto, as of November 13, 1984.
[Amended 10-12-1999 by L.L. No. 1-1999]
B.
Nonconforming use of land, buildings or structures.
(1)
The nonconforming use of land may be continued; provided, however,
that no such nonconforming use shall be physically enlarged or intensified,
nor shall it be extended to occupy a greater area of land than that
occupied by such use at the time of the adoption or amendment of this
chapter, unless specifically allowed by other provisions in this chapter,
nor shall any such nonconforming use be moved in whole or in part
to any other portion of the lot or parcel of land occupied by such
nonconforming use at the time of the adoption or amendment of this
chapter.[1]
(2)
A building or structure, the use of which does not conform to the
use regulations for the district in which it is situated, shall not
be enlarged, extended or altered structurally unless the use therein
is changed to a conforming use, or to conform to an order of the Building
Inspector to either correct an unsafe condition or to conform to the
requirements of applicable laws or ordinances.
(3)
No nonconforming use of a building or structure shall be enlarged
or extended, except that any such nonconforming use may be extended
throughout any parts of the building or structure which were obviously
or manifestly arranged or designed only for such use at the time of
the adoption or amendment of this chapter.
(4)
No nonconforming use shall be changed to another nonconforming use, except as provided in Subsection F.
(5)
If a nonconforming use ceases for any reason for a total of six months
during any twelve-month period, or is changed to a conforming use,
any future use of the land, building or structure shall be in conformity
with the provisions of this chapter. Substantial cessation of activities
consistent with or required for the operation of such nonconforming
use, or substantial vacancy of the building or structure in which
the nonconforming use was conducted together with substantial cessation
of activities consistent with or required for the operation of such
nonconforming use shall be deemed to constitute a discontinuance thereof
within the meaning of this chapter irrespective of whether an intention
to abandon the nonconforming use may exist. On application, however,
the Board of Appeals may extend the period upon a finding that it
is not reasonable in its application to the particular premises, taking
into consideration the characteristics of the use, the investment
which has been made in it, the circumstances of the discontinuance
and the suitability of the structure for a permitted or special permit
use.
(6)
If any building or structure in which any nonconforming use is conducted
or maintained is hereafter removed, the subsequent use of the land
on which such building or structure was located, and the subsequent
use of any building or structure thereon, shall be in conformity with
the standards specified by this chapter for the district in which
such land is located.
C.
Dimensional nonconformity. A building or structure that is conforming
in use but does not conform to the lot dimension, yard dimension,
height, building coverage, off-street parking, loading, or similar
dimensional requirements of this chapter shall be deemed to be dimensionally
nonconforming. No permit shall be issued that will result in the increase
of any such dimensional nonconformity, but any building or structure
or portion thereof may be altered to maintain or decrease its dimensional
nonconformity.
D.
Merger of nonconforming lots. A nonconforming lot shall merge with
an adjacent conforming or nonconforming vacant lot which is held in
the same ownership as the first lot at any time after the effective
date of this chapter. Lots will be deemed to be adjacent if they abut
for a common course of 50 feet or more in distance.
[Added 10-12-1999 by L.L. No. 1-1999]
E.
Reconstruction.
(1)
Should a building or structure, the use of which or the use of a
portion of which is nonconforming, or which is dimensionally nonconforming,
be destroyed or damaged by any means to an extent of more than 75%
of the replacement cost of the building or structure as determined
by the Building Inspector at the time of the reconstruction, it shall
not thereafter be reconstructed or used except in conformity with
the provisions of this chapter.
(2)
Should a building or structure, the use of which or the use of a
portion of which is nonconforming or which is dimensionally nonconforming,
be destroyed or damaged by any means to an extent of 75% or less of
the replacement cost of the building or structure as determined by
the Building Inspector at the time of the reconstruction, it may be
reconstructed and any accompanying nonconforming use continued, provided
that the reconstruction is commenced within one year of the date of
such damage and completed within two years of said date, and further
provided that it shall be reconstructed in accordance with a plan
approved the Planning Board so as to result, where possible, in greater
conformity with this chapter.
F.
Change to other nonconforming use. On application, any nonconforming
use of land, buildings or structures may be changed to another nonconforming
use upon approval by the Board of Appeals based upon a finding that
the proposed use is more appropriate to the district than the existing
nonconforming use. In permitting such change, the Board of Appeals
may impose whatever conditions and safeguards it may deem necessary
or appropriate to further the purposes of this chapter.
G.
Improvement of nonconforming uses. In order that nonconforming uses
may gradually be brought into greater conformity with this chapter
and the adverse external effects of such nonconforming uses may be
reduced, the owner of the land, building or structure so used may
be permitted to make limited changes to such building, structure or
use in conjunction with a site plan whereby, through landscaped screening
and buffer areas, control of noise, smoke, odors, lighting, architectural
changes, location and layout of parking areas and access drives, or
by any other appropriate means, these purposes may be achieved. Such
plan shall be presented to the Board of Appeals, which may then grant
approval or approval with modifications, provided said agency finds
that the purposes of this section shall be met.
A.
Lot for every building. Every building hereafter erected shall be
located on a lot, and there shall be no more than one main building
and its accessory buildings on one lot except for nonresidential buildings
in districts where such uses are permitted.
B.
Subdivision of a lot.
(1)
Where
a lot is formed hereafter from part of a lot already occupied by a
building, such separation shall be effected in such manner as not
to impair conformity with any of the requirements of this chapter
with respect to the existing building and all yards and other required
spaces in connection therewith, and no permit shall be issued for
the erection of a building on the new lot thus created unless it complies
with all the provisions of this chapter.
(2)
Subdivision approval by the Planning Board is required for any division
of land. All site development and all use of the property shall be
in conformance with the approved subdivision plat and such additional
standards and safeguards as the Planning Board may impose as a condition
of approval. No building permit, certificate of occupancy, or certificate
of use shall be issued until all such requirements have been met.
Continued conformance with the approved final subdivision plat and
such additional standards and safeguards shall be a requirement of
the continued validity of any such certificate of occupancy or certificate
of use.
[Added 10-12-1999 by L.L. No. 1-1999]
C.
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot because of its peculiar or irregular shape, the Board of Appeals shall determine how the requirements of this chapter apply as provided in § 230-40D of this chapter.
D.
Obstructions to vision at intersections in residential districts.
At the intersection of two or more streets in a residential district,
no fence, wall, structure, or shrubbery or other obstruction more
than two feet in height above the center-line grade of the streets
shall be erected or placed on any part of a yard herein established
that is included within the triangular area formed by the nearest
edges of the street line and a straight line between two points each
a minimum of 25 feet back from the intersection of the nearest edges
of the street line prolonged.
E.
New buildings on lots smaller than minimum required area. A permit may be issued by the Building Inspector for the erection of a building for a permitted use on a lot for which a valid conveyance has been recorded prior to the adoption of this chapter and which is not subject to the provisions of § 230-13E of this chapter, notwithstanding that the area or dimensions of such lot are less than that required for the district in which such is located, provided that such lot meets the requirements of § 7-709 of the Village Law.
[Amended 10-12-1999 by L.L. No. 1-1999]
F.
Yard for every building. No yard, or other open space provided about
any building for the purpose of complying with the provisions of this
chapter shall be included as any part of the yard, or open space for
any other building. No yard or any other open space on one lot shall
be considered as a yard or open space for a building on any other
lot.
H.
No reduction of required yards. No lot shall be so reduced in area
as to make any yard smaller than the minimum required under this chapter.
I.
Yards on corner lots.
[Amended 10-12-1999 by L.L. No. 1-1999]
(1)
On
a corner lot, each lot line which abuts a street shall be deemed to
be a front lot line, and the required yard along each lot frontage
shall be a required front yard. The owner shall elect, and so designate
on the building permit, which of the remaining two required yards
shall be the required side yard and which shall be the required rear
yards. Where a corner lot has frontage on three streets, the remaining
yard shall be a side yard.
(2)
For purposes of calculation of the front yard impervious surface
ratio, each front yard shall be considered separately as if it was
the only front yard on the lot, and each front yard when so considered
shall be required to conform to the applicable requirement.
J.
Structural projections permitted into required yards and courts.
(1)
Limited walls and fences may be allowed in required yards, subject to the requirements of Subsection L.
(2)
An arbor, open trellis, flagpole, unroofed steps or terrace shall
be permitted in any required yard.
[Amended 12-2-2014 by L.L. No. 5-2014]
(3)
An awning or movable canopy may project not more than 10 feet into
any required yard.
(4)
Cornices or eaves may project not more than 18 inches into a required
yard.
(5)
Window sills or belt courses may project not more than six inches
into a required yard.
K.
Exceptions to height limitations. The height limitations of this
chapter shall not apply to:
(1)
Church spires, belfries, cupolas, domes, monuments, observation towers,
chimneys, smokestacks, derricks, flagpoles, radio towers, masts and
aerials, where not used for human occupancy, and where such structures,
whether or not they are attached to a roof, do not extend more than
15 feet above the highest roof on the lot.
(2)
Rooftop bulkheads, elevator penthouses, water towers, water tanks,
monitors, fire towers, hose towers, cooling towers, or solar energy
collectors, provided that such features shall be erected only to the
height necessary to accomplish the purpose they are intended to serve,
the total area covered by such features shall not exceed 20% of the
horizontal area of the roof on which they are located, where such
structures do not extend more than 15 feet above the roof, and where
the lot on which they are located is in or adjacent to a residence
district, such features shall be set back from the edge of the roof
at least one foot for each one foot by which such features exceed
the maximum height otherwise specified for the district in which they
are located.
L.
Fences. Fences are permitted within the required yards (as defined
herein), provided that:
[Amended 10-12-1999 by L.L. No. 1-1999; 11-17-2004 by L.L. No.
3-2004; 10-13-2015 by L.L. No. 1-2015]
(1)
In a residential district, a fence constructed in a front yard may
not exceed four feet in height. However, if such fence is set back
from a front lot line a distance of at least 2/3 of its height, such
fence may have a maximum height of six feet.
(2)
Notwithstanding Subsection L(1), a fence constructed in a front yard but along the side lot line or rear lot line may not exceed six feet in height.
(3)
In a residential district, a fence constructed in a side yard or
a rear yard may not exceed six feet in height. However, if such fence
is set back from the nearest lot line a distance of at least 2/3 of
its height, such fence may have a maximum height of eight feet.
(4)
In a nonresidential district, a fence of not less than three-fourths
open construction may have a maximum height of eight feet.
(5)
The Building Inspector may, where required for safety, require the
addition to a retaining wall of a motor vehicle bumper guard or a
fence, of not less than three-fourths open construction and not exceeding
the above height limitations by more than four feet.
(6)
The fence meets the requirements of Subsection D of this section.
[Amended 10-13-2015 by L.L. No. 1-2015]
(7)
If any such fence located within a required yard has a finished or
more attractive side, such side shall face the neighboring property
or street.
[Amended 10-13-2015 by L.L. No. 1-2015]
(8)
All fences must be inside all lot lines.
[Amended 10-13-2015 by L.L. No. 1-2015]
(9)
Barbed wire is permitted as a part of a fence in a nonresidential
district, provided such barbed wire is located at least six feet above
the ground. A barbed wire or electrically charged fence is permitted
in any district only upon approval of the Planning Board.
(10)
Deer fences, as defined in § 230-5, may have a maximum height of 10 feet. Deer fences may be located no closer to any lot line than either one foot or the minimum distance necessary for the protection of the vegetation which the deer fence is intended to protect, whichever distance is greater.
[Amended 12-2-2014 by L.L. No. 5-2014]
(11)
The height of all fences shall be measured from the natural or finished grade. If a fence is constructed upon a berm or other constructed topographic feature, the total maximum height shall not exceed the limitations specified in Subsections L(1), (2), (3), or (4), as the case may be.
[Amended 10-13-2015 by L.L. No. 1-2015]
(12)
All fences constructed in a front yard shall have no greater
than four inches of clearance between the bottom of the fence and
the natural or finished grade. If such clearance shall be greater
than two inches, such clearance shall be shielded from view by evergreen
plantings.
(13)
All fences shall be maintained in a structurally sound and attractive
manner.
[Amended 10-13-2015 by L.L. No. 1-2015]
(14)
All nonconforming fences existing on November 9, 2004, shall
be required to conform to the above-stated standards no later than
November 1, 2006.
M.
Aircraft and airfields. No landings or takeoffs of any aircraft and
no airfields are permitted in any district.
N.
Solar energy collectors.
[Amended 7-8-1986 by L.L. No. 3-1986]
(1)
Solar energy collectors are permitted as a part of, and may be attached
to, any building.
(2)
Installation of solar energy collectors shall require the issuance
of a building permit. Planning Board approval is also required where
solar energy collectors are to be installed at any location other
than the roof of a dwelling.
[Amended 9-6-2011 by L.L. No. 2-2011; 5-7-2013 by L.L. No.
3-2013; 1-14-2014 by L.L. No. 2-2014]
O.
Accessory buildings and structures. Accessory buildings and structures
shall be permitted in all districts, subject to the following:
(1)
The gross floor area of all principal and accessory buildings, regardless of size, located on a lot shall comply with the maximum floor area ratio requirements in § 230-17 of this chapter.
(2)
The following shall be considered accessory buildings and structures
for the purposes of this section: sports courts (including but not
limited to basketball courts, tennis courts and platform tennis courts),
swimming pools, garages for passenger vehicles or one vehicle with
commercial registration under 5,000 pounds' gross vehicle weight,
greenhouses, playhouses, garden houses, toolhouses, stables, barns,
swing sets and other outdoor recreational equipment and solar energy
collectors.
[Amended 3-12-2002 by L.L. No. 1-2002; 9-6-2011 by L.L. No.
2-2011; 12-1-2011 by L.L. No. 4-2012; 12-2-2014 by L.L. No. 5-2014]
(3)
Accessory buildings and structures not greater than 100 square feet in floor area and not more than 10 feet in height measured to the highest point of the building or structure may be located not closer to a side lot line or a rear lot line than 1/3 of the side yard or rear yard dimensions, respectively, specified in § 230-17 of this chapter. Accessory buildings and structures shall comply with the front yard setbacks specified therein.
[Amended 3-12-2002 by L.L. No. 1-2002]
(4)
Individual accessory buildings and structures greater than 100 square
feet in ground floor area or greater than 10 feet in height shall
meet the following requirements:
[Amended 10-12-1999 by L.L. No. 1-1999]
(a)
Accessory buildings and accessory structures permitted under this section shall comply with the front yard, side yard, and rear yard requirements and the building coverage, impervious surface ratio, and height limitations specified in § 230-17 of this chapter, except that sports courts (including but not limited to basketball courts and tennis courts) and in-ground swimming pools may be located not closer than 15 feet to a side lot line or a rear lot line.
[Amended 3-12-2002 by L.L. No. 1-2002; 9-6-2011 by L.L. No.
2-2011; 12-1-2011 by L.L. No. 2-2012; 12-1-2011 by L.L. No.
4-2012]
[1]
The provisions of Subsection O(4)(a) shall not apply to temporary storage containers during any period of time that a building permit is in existence for the subject lot or during emergency situations as determined by the Building Inspector or the Code Inspector.
[Amended 12-2-2014 by L.L. No. 5-2014]
(5)
The maximum ground floor area of an accessory building shall be 900
square feet.
[Added 10-12-1999 by L.L. No. 1-1999]
(6)
The maximum number of accessory buildings allowed on any lot shall
be two.
[Added 10-12-1999 by L.L. No. 1-1999][1]
[1]
Editor's Note: Original § 4.4.15.7, regarding tennis
court lighting, added 3-12-2002 by L.L. No. 1-2002, amended 12-1-2011
by L.L. No. 2-2011, which immediately followed this subsection, was
repealed 12-1-2011 by L.L. No. 4-2012.
P.
Garage sales. Garage sales may be conducted from a property in a
residential district, provided that:
Q.
Animals.
(1)
General regulations. The following regulations apply to the keeping
of animals in all districts:
(a)
The keeping, breeding, raising, purchase and/or sale of all
animals and their products, including but not limited to milk and
eggs, is considered an accessory use and is permitted subject to the
requirements listed below.
(b)
No venomous snakes or wild animals as specified in § 370
of the New York State Agriculture and Markets Law shall be permitted
in residential districts.
(c)
All animals living primarily within the residence and not regulated
below are excluded from these regulations.
(d)
All feed shall be housed in rodentproof containers.
(e)
All animals shall be suitably contained to prevent damage to
persons and property.
(2)
Regulations for specific animals.
(a)
Fowl (such as chickens, ducks, turkeys, geese). The keeping
of five or less fowl is permitted as an accessory use in the R-50
and R-35 Districts. No roosters shall be permitted. All fowl shall
be kept in an enclosed coop from sunset to sunrise. The coop shall
be located at least 25 feet from any lot lines.
R.
Storage of vehicles or boats. In all residential districts, the storage
of not more than one unoccupied recreational vehicle or boat, or not
more than one vehicle that is either unregistered or lacking a currently
valid inspection sticker, shall be permitted, so long as such vehicle
or boat is stored only within a rear yard. No stored vehicle or boat
shall exceed 35 feet in length.
[Amended 12-11-2007 by L.L. No. 2-2007]
S.
Air-pressure buildings. No air-pressure buildings are permitted in
any district.
T.
Municipal uses. Notwithstanding any other provision to the contrary,
structures owned or occupied by the Village of Wesley Hills, in the
performance of its municipal functions, shall be exempt from the provisions
of this chapter.
U.
Satellite dishes. Satellite dishes greater than one meter (39.37
inches) in diameter shall comply with the following requirements:
[Added 7-8-1986 by L.L. No. 3-1986; amended 12-12-1989 by L.L. No.
2-1989; 3-12-2002 by L.L. No. 1-2002]
(1)
Satellite dishes greater than one meter in diameter are permitted only behind the rear of the main building, but not on the roof of any building or within a front yard or side yard or within 50 feet of the rear lot line. However, where the Board of Appeals determines that no point exists within such permitted location where such a satellite dish can be installed without preventing or unreasonably limiting reception of delivered signals, the Board of Appeals shall grant a variance permitting the installation of such a satellite dish at another specific location on the lot, subject to all requirements of Subsection U(2) through (4), inclusive.
(2)
The height of such a satellite dish shall not extend above the highest
roof on the lot. However, where the Board of Appeals determines that
such limitation on the height of the satellite dish will prevent or
unreasonably limit reception of delivered signals, the Board of Appeals
shall grant a variance permitting the height of the satellite dish
to extend not more than 15 feet above the highest roof on the lot.
(3)
All equipment to be installed in connection with the satellite dish
shall be certified as being safe by an appropriate authority.
(4)
The installation of a satellite dish greater than one meter in diameter
shall require the issuance of a building permit and the approval of
the Planning Board.
[Amended 12-1-2011 by L.L. No. 3-2012]
V.
Banks with drive-through service. Banks with drive-through service
shall be permitted only in shopping centers, provided that either
of the following two requirements are met:
[Added 3-12-1991 by L.L. No. 1-1991]
W.
Home occupations.
[Added 10-12-1999 by L.L. No. 1-1999]
(1)
The home occupation shall be carried on wholly indoors.
(2)
There shall be no external display or advertising of goods or services
or other external evidence of such use.
(3)
The establishment of such home occupation shall not require internal
or external alterations or construction features not customarily found
in dwelling units.
(4)
The appliances and equipment required for the home occupation shall
be operated in such a manner that they do not produce and emit, beyond
the boundaries of the premises on which the use is located, dust,
glare, hazard, heat, light, noise, nuisance, odor, radiation, radio
or TV interference, smoke, or vibration, and are in no other manner
obnoxious, offensive, or detrimental to the immediate neighborhood.
(5)
The home occupation itself shall be conducted in such a manner and
during such hours that it is in no way obnoxious, offensive, or detrimental
to the immediate neighborhood.
X.
Minor neighborhood gatherings.
[Added 1-13-2009 by L.L. No. 1-2009[2]]
(1)
Any single-family residence may also be used as a minor neighborhood
gathering.
(2)
The building containing the minor neighborhood gathering shall comply
with all requirements of all applicable building codes of New York
State, including, without limitation, the Residential Code of New
York State and the Existing Building Code of New York State.
(3)
The maximum number of persons using the minor neighborhood gathering
shall be the maximum number that can comply with the Residential Code
of New York State and the Existing Building Code of New York State,
as applied to the portion of the building containing the minor neighborhood
gathering.
(4)
All required parking spaces must be provided on the lot on which
the minor neighborhood gathering is located and/or on other lots within
the Village of Wesley Hills and within 100 yards of the periphery
of the lot on which the minor neighborhood gathering is located, with
the permission of the owners of such lots. The required parking spaces
shall be used in full before additional parking associated with the
minor neighborhood gathering is allowed on any street. Unless the
minor neighborhood gathering has frontage and practical access exclusively
on a major road, an application may be made to the Planning Board
for relief from this requirement. Upon such application, the Planning
Board may determine to allow on-street parking on any street other
than a major road to count towards satisfaction of the parking requirement
if it determines that it would be consistent with public safety and
neighborhood character to do so.
[Amended 9-6-2011 by L.L. No. 2-2011]
(5)
In the event that an application is made to the Planning Board for relief from the parking requirement pursuant to Subsection X(4), a simple plot plan showing the lot, driveways, paved areas and all structures thereon shall be submitted as part of the application, but no site plan is required unless otherwise required by the Planning Board.
(6)
There shall be no external sign or display indicating the use of
the structure as a minor neighborhood gathering.
[2]
Editor's Note: This local law also repealed original § 4.4.24,
Minor religious gatherings, added 3-11-2003 by L.L. No. 1-2003.
Y.
Group family day-care homes. Group family day-care homes shall comply
with the following requirements:
[Added 1-10-2012 by L.L. No. 1-2012]
(1)
Such use shall comply with all licensing, site area and dimensional
requirements established for group family day-care homes by the New
York State Department of Social Services.
Z.
Exterior lighting in residential districts. All permitted uses in all residential zoning districts shall comply with the standards below for exterior lighting. Exterior lighting for special permit uses and all uses in the NS Neighborhood Shopping District shall be regulated by the requirements of § 230-54B(10) of this chapter.
[Added 12-1-2011 by L.L. No. 4-2012]
(1)
Measurement. From 10:00 p.m. until sunrise on weekday nights and
from 12:00 Midnight until sunrise on weekend or holiday nights, lighting
levels shall not exceed 0.6 footcandle at any property line of the
subject residential property. Light levels shall be measured in footcandles
with a direct reading, portable light meter. All measurements shall
be taken at a height of 3 1/2 feet above the ground.
(2)
Control of glare. Lamps shall be shielded, hooded and/or louvered
to provide a glare-free area beyond the property line and onto any
public right-of-way.
(3)
Lighting type. No exterior lighting shall be permitted of a moving,
blinking, flashing or fluttering nature, except for seasonal holiday
lighting. Beacons and searchlights are not permitted under any circumstances.
No lights shall be used at any location that may be confused or construed
as traffic control devices.
(4)
Mounting height. Poles and standards used for the mounting of exterior
lighting shall not exceed 12 feet in height to the highest point of
the fixture.
A.
Conformance required. No special permit use or nonresidential use
shall hereafter be established, altered, moved, or expanded unless
it complies with the performance standards set forth in this section.
Continued conformance with such standards shall be a requirement for
the continuance of any certificate of occupancy. Central utility systems
serving three or more dwelling units, including but not limited to
systems providing heat, water, air conditioning, sewage treatment,
garbage collection, and electrical power, shall be deemed to be nonresidential
uses for the purposes of this section.
B.
Purposes. Consistent with the general purposes of this chapter, performance
standards shall set specific controls on potentially objectionable
external aspects of special permit uses or nonresidential uses so
as to:[1]
(1)
Reduce to a reasonable minimum the dissemination of smoke, gas, dust,
odor or other atmospheric pollutants outside the building in which
the use is conducted.
(2)
Control noise perceptible beyond the boundaries of the site of the
use.
(3)
Prevent the discharge of untreated or insufficiently treated wastes
into any watercourse.
(4)
Prevent the dissemination of vibration, heat or electromagnetic interference
beyond the immediate site on which the use is located.
(5)
Prevent physical hazard by reason of fire, explosion, radiation or
any similar cause.
(6)
Regulate and control the generation and flow of vehicular traffic
so as to prevent hazardous conditions, traffic congestion and excessive
noise in the streets.
C.
Standards for noise. No land use shall be permitted which will produce
a volume of noise which would violate the provisions of any law regulating
noise in the Village of Wesley Hills.
D.
Standards for vibration.
(1)
Method of measurement. For the purpose of measuring vibration, a
two-component measuring system approved by the Planning Board shall
be employed.
(2)
Maximum permitted steady-state and impact vibration displacement.
No activity shall cause or create a steady-state or impact vibration
on any lot line with a vibration displacement by frequency bands in
excess of that indicated in the following table:
|
Vibration Displacement
(inches)
| |||
|---|---|---|---|
|
Frequency
(cycles per second)
|
Steady-State
|
Impact
| |
|
Under 10
|
0.0005
|
0.0010
| |
|
10 to 19
|
0.0004
|
0.0008
| |
|
20 to 29
|
0.0003
|
0.0006
| |
|
30 to 39
|
0.0002
|
0.0004
| |
|
40 and over
|
0.0001
|
0.0002
| |
E.
Standards for smoke, dust, and other atmospheric pollutants.
(1)
General control. The emission of smoke and other particulate matter
shall not be permitted, regardless of quantity, if it will be in any
way detrimental to the public health, safety, welfare or comfort,
or a source of damage to property.
(2)
Method of measurement of smoke. For the purpose of grading the density
of smoke, the Ringelmann Smoke Chart shall be used to determine the
total smoke units emitted. A reading shall be taken every minute for
an hour, or if less than an hour, until the total smoke units emitted
exceed the number allowed by these regulations. Each reading shall
be multiplied by the number of minutes during which it was observed
and the product added.
(3)
Maximum permitted emission of smoke. There shall be no measurable
emission of smoke, gas or other atmospheric pollutant. The emission
of one smoke unit per hour and smoke with discernible density of No.
1 on the Ringelmann Smoke Chart shall be prohibited.
(4)
Maximum permitted emission of dust.
(a)
The emission of dust related to combustion for indirect heating
from any source shall not exceed 0.30 pound of dust per thousand pounds
of flue gas adjusted to 50% excess air for combustion.
(b)
There shall be no measurable emission of dust or other particulate
matter not related to combustion for indirect heating.
(c)
All properties shall be suitably improved and maintained with
appropriate landscaping and paving, or other type of improvement,
so that there will be no measurable windblown dust or other similar
types of air pollution created.
F.
Standards for odorous matter. No land use shall be permitted which
emits any discernible odor outside the building or facility in which
the use is conducted.
G.
Standards for toxic or noxious matter. No use shall be permitted
which will cause any dissemination whatsoever of toxic or noxious
matter outside the building in which the use is conducted.
H.
Standards for radiation and electromagnetic interference.
(1)
Radiation. The handling, storage or disposal of radioactive materials or waste by-products, whether or not licensed by the Nuclear Regulatory Commission, shall be conducted only in accordance with the standards established in Title 10, Chapter 1, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation," as amended, and in accordance with any other applicable laws or regulations.[2]
(2)
Electromagnetic interference. No operation shall be permitted which
produces any perceptible electromagnetic interference with normal
radio or television reception in any area within or without the Village.
I.
Standards for fire, explosive hazard and heat.
(1)
Fire and explosive hazard. No storage or manufacture of explosives
or solid materials or solid products which burn actively or which
have a low ignition temperature, a high rate of burning, or create
great heat under ordinary temperature conditions shall be permitted.
(2)
Heat. There shall be no emission of heat which would cause a temperature
increase in excess of 1° F. along any adjoining lot line, whether
such change be in the air, in the ground, or in any watercourse or
water body.
J.
Standards for liquid or solid wastes. The discharge of any or all
wastes shall be permitted only if in complete accordance with all
standards, laws and regulations of the Rockland County Health Department,
New York State Department of Environmental Conservation or any other
regulatory agency having jurisdiction. Facilities for the storage
of solid waste shall be so located and designed as to be screened
from the street or from any adjoining property and so as to discourage
the breeding of rodents or insects.
K.
Standards for vehicular traffic. No business or industrial use, home
occupation or special permit use shall be permitted where it is determined
by the Planning Board that the type and number of vehicle trips it
is estimated to generate would be expected to produce unusual traffic
hazards or congestion, or cause or induce emissions which may be expected
to interfere with the maintenance of air quality standards established
by the U.S. Environmental Protection Administration, the New York
State Department of Environmental Conservation, or other regulatory
agency having jurisdiction, due to the design or capacity of the highway
system, the relationship of such proposed use to surrounding or nearby
industrial, commercial or residential uses, or other factors affecting
air pollution arising from mobile source activity.[3]
L.
Procedure.
(1)
In the case of any application for the establishment of a use subject
to the performance standards, the Planning Board may require the applicant,
at his own expense, to provide such evidence as it deems necessary
to determine whether the proposed use will conform to said standards.
(2)
If the Planning Board deems it necessary, expert advice may be obtained,
with the cost of such advice paid for in advance by the applicant
as a condition of further consideration of his application. The report
of any expert consultants shall be promptly furnished to the applicant.
(3)
During the course of site plan or special permit review, the Planning
Board will determine if the applicant's proposal will conform to the
performance standards.
