No swimming pool, both under, on or above the
ground, shall be constructed or installed until a building permit
has first been issued by the Village Building Inspector upon payment
of the appropriate fee, nor shall any swimming pool be used or maintained
in any district except in accordance with the following provisions:
A.
Every outdoor swimming pool having a depth of more
than 18 inches and an area of more than 100 square feet shall be enclosed
as follows:
(1)
The swimming pool shall be completely surrounded by
a good quality, close-woven fence having openings of not more than
one inch, a vertical stockade fence with the smooth side to the outside
of the swimming pool area, or a chain link fence with openings of
not more than two inches and the barbs up. All such fences shall be
not less than four feet in height nor more than six feet and shall
be constructed in accordance with the requirements of the New York
State Uniform Fire Prevention and Building Code. A dwelling house
or accessory building may be used as part of such enclosure.
(2)
All gates or doors opening through such enclosure
shall be equipped with a self-closing and self-latching device for
keeping the gate or door securely closed at all times when the owner
or occupant of the premises is not present at the swimming pool, except
that the door of any dwelling which forms a part of the enclosure
need not be so equipped.
(3)
The Board of Appeals may make modifications in individual
cases, upon a showing of good cause, with respect to the height, nature
or location of the fence, gates or latches, or the necessity therefor,
provided the protection as sought hereunder is not reduced thereby.
The Board of Appeals may permit other protective devices or structures
to be used so long as the degree of protection afforded by the substitute
devices or structures is not less than the protection afforded by
the fence, gate and latch described herein.
B.
No outdoor swimming pool shall be situated in the
required front yard. No outdoor pool shall be located less than 10
feet from any side or rear lot line. With respect to aboveground pools,
said distance shall be measured from the outer edge of any deck or
platform attached to the wall of the pool.[1]
C.
In the event that an owner shall abandon a permanent
outdoor swimming pool, he shall forthwith fill all voids and depressions
and restore the premises to the same grade and condition as before
the swimming pool was constructed, and shall accordingly notify the
Building Inspector when said restoration work has been completed.
D.
No loudspeaker device which can be heard beyond the
lot lines of the premises in which any outdoor swimming pool is situated
may be operated in connection with such swimming pool, nor may lighting
be installed in connection therewith which shall throw rays beyond
such lot lines.[2]
[2]
Editor's Note: Former Subsection E, regarding
requirements for commencement of work, which immediately followed
this subsection, was deleted 2-4-1999 by L.L. No 1-1999.
E.
Every swimming pool presently constructed or installed
or hereinafter constructed or installed shall be maintained at all
times in such a manner as to never constitute a public nuisance, a
hazard or a menace to the health or safety of the public. Any such
hazard which may exist or develop in or in consequence of or in connection
with any such swimming pool shall be forthwith abated and/or removed
by the owner, tenant, lessee or person having jurisdiction of said
pool. Proper filtration system will be kept in working condition during
the pool season (May 1 to October 1). No standing unfiltered water
will be permitted and exposed to the outside environment. All swimming
pools will be fully covered and secured during off use seasons. All
pools not being used during the pool season will be covered. All standing
water which accumulates on top of a pool cover will be removed.
[Amended 2-4-1999 by L.L. No. 1-1999]
F.
No current-carrying electrical conductors shall cross
an outdoor swimming pool, either overhead or underground, or within
15 feet of such pool. All metal enclosures, fences or railings near
or adjacent to an outdoor swimming pool which might become overhead
conductors or from any other cause shall be effectively grounded.
G.
Outdoor swimming pools are permitted in all residence
districts as an accessory use to a dwelling for the private use of
the owner or occupant of such dwelling and his family and guests.
H.
All swimming pools shall be considered permanent except
those which can be readily dismantled and stored.
I.
During the course of construction of a below-ground
swimming pool, a temporary fence shall be erected as required by the
Building Department.
J.
No water shall be put or caused to be put into an
outdoor swimming pool unless a fence as required by this chapter shall
have first been erected. The Building Department shall be notified
at least three days prior to the date when water is to be put into
an outdoor swimming pool in order to ascertain whether a fence as
required by this chapter has been erected.
Every part of a required yard shall be open
and unobstructed by any building or structure from its lowest point
upwards, except as follows:
A.
Accessory buildings and structures may be located
in the rear yards in those districts in which they are specifically
permitted.
B.
Awnings, sills, cornices, buttresses and eaves may
project not more than two feet over or into any required yard.
C.
Walks, strips for negotiating ground slopes, retaining
walls, hedges and natural growth, fences, paved terraces and paved
areas which are not roofed over and are unenclosed except for an open
guardrail not over three feet in height, all accessory to and customarily
incidental to the principal use, are permitted in yards; provided,
however, that a strip four feet in width adjoining the lot shall be
unobstructed by any structure or feature that is higher than two feet
above the ground level, except a fence, hedge or natural growth or
retaining wall.
D.
Entries and porticos. A roofed-over but unenclosed
projection in the nature of an entry or portico, not more than eight
feet wide and extending not more than five feet out from the front
wall of the building, shall be exempt from front yard requirements
when the building otherwise complies with the front yard restrictions
of this chapter.
[Amended 2-21-2002 by L.L. No. 1-2002]
E.
Openwork fire balconies and fire escapes may extend
not more than five feet into a required yard.
F.
Chimneys and flues may extend into a required yard
not more than two feet for a length not exceeding 10 feet.
A.
The lawful use of any building, structure or land
existing at the effective date of this chapter may be continued although
such use does not conform to the provisions of this chapter, provided
that the following conditions are met:
(1)
Extension. A nonconforming use shall not be extended,
except by special permit of the Village Board, but the extension of
a lawful use to any portion of a nonconforming building or structure
which existed prior to the effective date of this chapter shall not
be deemed the extension of such nonconforming use.
(2)
Changes. No nonconforming building, structure or use
shall be changed to another nonconforming use.
(3)
Construction approved prior hereto. Nothing herein
contained shall require any change in plans, construction or designated
use of a building or structure for which a building permit has been
issued and the construction of which shall have been diligently prosecuted
within three months of the date of such permit, and the ground-story
framework of which, including the second tier of beams, shall have
been completed within six months of the date of the permit, and which
entire building shall be completed according to such plans as filed
within one year of the effective date of this chapter.
(4)
Restoration. No building or structure damaged by fire,
explosion, acts of God or other causes to the extent of more than
75% of its full value shall be repaired or rebuilt except in conformity
with the provisions of this chapter. For the purpose of this section,
full value shall be computed by applying the current state equalization
rate to the current assessed value of the building or structure.
(5)
Discontinuance. Whenever a nonconforming use has been
discontinued, abandoned or not used for a period of one year or more,
such use shall not thereafter be reestablished, and any future use
shall be in conformity with the provisions of this chapter.
(6)
Displacement. No nonconforming use shall be extended
to displace a conforming use; nor shall any 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 effective date of this chapter.
(7)
Any building or structure that is rendered nonconforming by reason of this chapter may continue to be used as the building presently exists but may not be structurally altered as the term “alteration” is defined in § 175-1, Definitions and word use.
[Added 7-22-2004 by L.L. No. 4-2004]
(8)
Notwithstanding the foregoing regulation, nothing
in this article shall be deemed to prevent routine maintenance and
repair of any building or the carrying out, upon the issuance of a
building permit, structural alterations or demolition that are found
by the Building Inspector or Fire Marshal to be necessary in the interest
of public safety.
[Added 7-22-2004 by L.L. No. 4-2004]
B.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions of Subsection A shall also apply to any nonconforming uses existing therein.
C.
Singly and separately owned lots.
[Amended 7-7-1994 by L.L. No. 5-1994]
(1)
A one-family dwelling or addition thereto may be erected
on any lot singly and separately owned at the time of its inclusion
in any residential district although such lot does not meet the width
and area requirements for such district at the time application for
a variance or for a building permit is made, provided that the side
yard, rear yard, building area and lot area requirements are according
to the proper variance as granted by the Board of Appeals and that
there shall be two side yards, one on each side of the building, the
total width of both to be at least as indicated in the yard requirements
as appear in the tabulation according to the available width on the
road or street front of the building plot or lot and the available
area of such lot or plot, as follows:
|
YARD REQUIREMENTS -- BUILDING PERCENT
| ||||||
|---|---|---|---|---|---|---|
|
Lot Width
(feet)
|
Minimum Side Yard
(feet)
|
Total Side Yards
(feet)
|
Height Stories
|
Percent of Permissible Feet
|
Building Area
| |
|
40
|
10
|
20
|
1
|
20
|
20%
| |
|
60
|
12
|
25
|
2
|
25
|
20%
| |
|
80
|
15
|
35
|
2
|
30
|
20%
| |
|
100
|
18
|
40
|
2
|
30
|
20%
| |
(2)
The front yard shall conform to the average front
yard setback of the other dwellings in the immediate area.
(3)
Proof of single and separate ownership shall be submitted
in the form of:
(a)
An abstract of title search prepared and certified
by a title or abstract company, covering the subject premises and
all contiguous property.
(b)
A survey prepared by a licensed surveyor, describing
the subject property and all contiguous property.
(c)
All applicants for a variance must state under
oath that neither they nor any firm, partnership or officer or stockholder
in such corporation or any other legal entity in which they had an
interest, directly or indirectly, was the owner of one or more lots
contiguous to the lot for which a variance is sought and, in addition,
must furnish a certified copy of the deed by which they acquired title
to the subject property. In the case of an installment contract for
the purchase of real property, it will be sufficient if the purchaser
of such property furnishes the Board of Appeals with an executed copy
of the installment contract which is dated prior to the effective
date of this chapter and is recorded no later than September 9, 1968.
Every corner lot and every through lot shall
have a front yard on each street. The depth of each front yard shall
be determined by the regulations applicable to the district in which
the said lot is located.
A.
No building, structure or premises shall be used in
any district for any trade, business, industry, use or industrial
process that is injurious, hazardous, noxious or offensive to the
surrounding area by reason of the emission of odor, dust, light, smoke,
soot, gas, fumes, vibration, noise or similar substances or conditions
or that is detrimental to the public health, morals, safety or general
welfare.
B.
No tavern, cocktail lounge or premises for the sale
or dispensing of intoxicating beverages to be consumed on the premises
shall be erected nor permitted to be used within 200 feet of an elementary
or high school, public library, church, firehouse or federal, county,
town or village public building.
C.
Prohibited uses.
(1)
No filling station, automobile or motor vehicle service
station, junkyard, automobile wrecking yard, automobile or motor vehicle
collision repair yard or public garage shall be permitted in any area
or use district within the Village of Lake Grove, unless otherwise
approved by the Village Board by special permit.
[Amended 10-4-2012 by L.L. No. 4-2012]
(2)
No secondhand automobile lot or establishment shall
be permitted nor authorized except in connection with and part of
a new car dealer duly franchised as an agency by an established automobile
manufacturer, the selling of new automobiles being the primary business.
(3)
No overnight boarding of animals or birds or reptiles
for remuneration of any type shall be permitted in any area or use
district within the Village of Lake Grove.
[Amended 6-18-2009 by L.L. No. 3-2009]
(4)
No adult video stores, adult shops, adult bookstores
or topless bars shall be permitted in any area or use district within
the Village of Lake Grove.
[Added 2-4-1999 by L.L. No. 1-1999;
amended 2-15-2007 by L.L. No. 3-2007]
(5)
No lumberyard or construction materials supplies store as defined by § 175-1, Definitions and word use, shall be permitted in any area or use district within the Village of Lake Grove.
[Added 7-22-2004 by L.L. No. 4-2004]
(6)
Drive-through/drive-up windows shall be prohibited
in all districts with the exception of pharmacies, banks or credit
unions, and specialty coffee shops where the primary product is coffee,
provided there is sufficient area on the property where the establishment
is located for the stacking of at least 12 vehicles.
[Added 7-22-2004 by L.L. No. 4-2004;
amended 5-15-2008 by L.L. No. 5-2008; 8-18-2011 by L.L. No. 4-2011; 12-16-2021 by L.L. No.
5-2021]
(7)
All property within nonresidential districts or nonconforming commercial property within residential districts shall also be subject to the restrictions set forth under § 175-108, Prohibited uses of properties.
[Added 7-22-2004 by L.L. No. 4-2004]
(9)
No tattoo establishments shall be permitted in any
area or use district within the Village of Lake Grove.
[Added 2-15-2007 by L.L. No. 3-2007]
(10)
No check-cashing establishments other than banks,
savings and loan institutions and credit unions shall be permitted
in any area or use district within the Village of Lake Grove.
[Added 2-15-2007 by L.L. No. 3-2007]
(11)
The use of any premises for the sale, cultivation, or processing
of marijuana for medicinal or recreational uses or the sale of equipment
or materials for the use of marijuana is prohibited within two miles
of any elementary schools within the Village of Lake Grove.
[Added 12-3-2015 by L.L.
No. 5-2015; amended 4-18-2019 by L.L.No. 3-2019]
(12)
The use of a premises as a hookah and vapor bar or establishment
or for the sale of hookah or vapor equipment or materials is a prohibited
use in all zoning districts of the Village of Lake Grove.
[Added 12-3-2015 by L.L.
No. 6-2015]
(13)
No massage establishments shall be permitted in any area or
use district within the Village of Lake Grove unless certified and
licensed in the State of New York.
[Added 10-6-2016 by L.L.
No. 1-2016]
(14)
No public storage facilities shall be permitted in any area or use
district within the Village of Lake Grove.
[Added 3-16-2017 by L.L.
No. 1-2017]
[Added 2-4-1999 by L.L. No. 1-1999]
A.
Installation of exterior security gates prohibited.
The installation of security gates on the front exterior of commercial
storefronts, restaurants and offices, including both display windows
and entrance doors, shall be prohibited.
B.
Presently existing exterior security gates.
(1)
Any presently existing exterior security gates legally
installed prior to passage of this section shall be removed immediately
upon change of ownership of the premises where said security gate
exists or upon change of tenancy in the commercial premises where
said security gate exists, whichever occurs first.
(2)
Any presently existing security gate which encroaches
on village property shall be removed by the owner or tenant of the
premises where the same is located immediately.
C.
penalties. Any person or corporation or other entity
who violates any subsection of this section shall be punishable by
a fine not to exceed $250, however, if a notice of violation or a
summons has been issued to said person or corporation or other entity
notifying him or it of said violation, said person or corporation
or other entity shall be subject to a fine of up to $250 for each
day that said violation continues after issuance of the summons or
notice of violation, and each day of continued violation shall be
treated as a separate offense.
[Amended 7-7-1994 by L.L. No. 5-1994]
No lot shall be so reduced in area that any
required open space will be smaller than that prescribed in the regulations
for the district in which said lot is located.
No public garage shall be erected, altered or
used within the Village of Lake Grove.
On any corner lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be planted or maintained, which may cause danger to traffic on a street or road by obscuring or obstructing the clear view of the intersection. For a radius of 30 feet of the corner formed by any intersecting streets, such fence, hedge, shrubs or other growth shall not exceed 21/2 feet in height, measured from the center line of the existing elevation of the street adjoining such fence, as provided in § 175-7B(4) of this chapter.
[Amended 7-22-2004 by L.L. No. 4-2004]
No goods, wares, merchandise, produce, garden
or nursery products, or other materials, shall be displayed, sold
or stored in the required front, side, or rear yards of any district.
[Added 2-4-1999 by L.L. No. 1-1999;
amended 7-22-2004 by L.L. No. 4-2004]
A.
No goods, wares, merchandise, garden or nursery stock, produce or other materials shall be displayed, stored or sold outside of any fully enclosed and roofed structure in any nonresidential district or nonconforming commercial property within a residential district, except that automobile dealers, as defined in Subsection B below, may display automobiles for sale outside of a structure. Automobile dealers not existing at time of adoption of this section shall be subject to a one-time fee as set forth in the fee schedule of the Village of Lake Grove.[1]
B.
Definitions. As used in this section, the term "automobile
dealer" shall mean any licensed dealer who, wholly or in part, engages
in or operates the trade or business of buying, selling, storing,
trading, bartering or exchanging any type of automotive vehicles.
C.
The storage of propane, gasoline, or other highly
flammable or explosive material, as determined by the Fire Marshal,
shall be prohibited in any commercial structure which abuts a residential
district.
D.
Outdoor storage of propane, gasoline or other highly
flammable or explosive material shall be prohibited on any commercial
property.
E.
The owner of real property and/or tenant and/or occupant
shall be responsible for any violation of this section. Violations
of this section shall be punishable as follows:
F.
Each day this section is violated shall be deemed
to be a separate violation.
Essential services as defined in this chapter
are permitted in all districts.
Public utility buildings or structures, other
than public business offices, garages or storage yards, shall be permitted
in any district when authorized by special permit from the Village
Board.
Any building, structure or premises erected,
altered or used for a municipal or governmental purpose shall be permitted
in any district when authorized by resolution of the Village Board,
subject to such conditions and safeguards as the Village Board may
deem appropriate, provided that the municipality or governmental authority
using such building, structure or premises shall be the fee owner
of such premises. This section shall not apply if a person other than
a municipality or governmental authority using such building, structure
or premises is the fee owner of such property.
A.
No building, structure or premises shall be erected,
altered or used in any residence district for the housing or harboring
of fowl, swine, goats, sheep, horses, rabbits, fox or mink except
when authorized by special permit from the Village Board.[1]
(1)
Not more than three dogs shall be permitted per dwelling
unit. However, the offspring of any resident female dog shall not
be counted, provided that said offspring are less than six months
of age.
(2)
Not more than three cats shall be permitted per dwelling
unit. However, the offspring of any resident female cat shall not
be counted, provided that said offspring are less than six months
of age.
B.
No accessory building or structure or any part thereof used for the housing of domestic animals as provided in Subsection A above, other than cats or dogs, shall be less than 50 feet from any lot line in any district.
C.
Horses and equine livestock.
(1)
The housing or harboring of horses or equine livestock
shall be permitted in any residential district on the following conditions:
(a)
Such housing or harboring shall be an accessory
to the principal use of the property as a residence.
(b)
Such activity shall be conducted for the use
of the residents only.
(c)
The boarding or rental of horses or other equine livestock shall not be permitted except as provided in Subsection C(7) below.
(d)
No horse or other type of equine livestock shall
be housed or harbored on any plot less than one acre in size, and
no more than two horses or other type of equine livestock shall be
permitted per acre or major fraction thereof, and in no event to exceed
eight horses.
(2)
No barns, stable or other roofed structure or accessory
building for the sheltering of horses shall be located within 50 feet
of any side yard or rear yard line, nor shall any such structure be
located within the front yard which lies between the principal residential
structure and the street.
(3)
All corrals, runs or other open areas shall be enclosed
by a fence at least five feet in height with openings no more than
six inches in width. Such fence shall be located more than five feet
from any side yard line or rear yard line and shall not be located
within any front yard which lies between the principal residential
structure and the highway.
(4)
There shall be at least 110 square feet of barn or
stable area for each horse or other type of equine livestock.
(5)
Manure shall be kept in weatherproof closed or covered
containers at least 50 feet away from all adjoining property lines.
(6)
All premises where horses or other equine livestock
are housed or harbored shall conform to all standards and requirements
of the Suffolk County Department of Health and the Suffolk County
Sanitary Code.
(7)
Horses may be boarded or rented, provided that proper,
suitable personnel for the care of the horses are regularly available
and in daily attendance, where the plot shall be not less than a total
of five acres, including the residence or accessory structure erected
thereon, and when specifically provided in the application and the
special permit issued.
D.
Application for special permit.
(1)
Application shall be signed by the owner of the property
and shall have attached thereto a copy of the deed of all the property
for which the special permit is requested and a survey showing the
boundary lines of the property and any building or other structures
erected or intended to be erected thereon.
(2)
The exact location of the proposed barn, stable or
other roofed structure intended to be erected thereon shall be shown
in proper scale upon said survey.
(3)
Notice of such application and date of hearing shall
be mailed by certified or registered mail, return receipt requested,
to all property owners adjacent to and within 200 feet of the perimeter
of the property for which the application is made.
(4)
An affidavit of such mailing, with the name and address
of each person to whom such notice has been mailed, together with
the signed return receipt, shall be filed with the Village Clerk at
least three days before the date of hearing.
A.
Sewer connections.
(1)
All buildings to be constructed within the Incorporated
Village of Lake Grove shall be provided with adequate sewage disposal
facilities in accordance with the requirements of village ordinance.
(2)
In areas where sewers exist, all new buildings shall
be connected to the sewer system and application shall be made to
the Building Department of the Incorporated Village of Lake Grove
for service and connections to the sewer system.
(3)
Where sewers do not exist, all buildings shall be
provided with adequate sewage distribution boxes, leaching pools and
connection piping, all installed in accordance with the Building Code
of the Incorporated Village of Lake Grove[1] and to meet all requirements of the Suffolk County Board
of Health and all other authorities having jurisdiction.
(4)
Leaching pools shall be placed on the property and
equipped with capped piping in such manner as to facilitate future
connection to street sewers with a minimum amount of excavation and
at minimum cost.
B.
Treatment facilities. Any building, structure or premises
erected, altered or used for sewage disposal and treatment facilities
shall be permitted in any district when authorized by resolution of
the Planning Board, subject to such conditions and safeguards as the
Planning Board may deem appropriate. A site plan for such building,
structure or premises shall be submitted to the Village Engineer for
his review and approval by the Planning Board. The location of all
facilities shall be approved as part of the tentative subdivision
approval. No building permit for the building, structure or premises
for sewage disposal and treatment facilities shall be issued until
said site plan has been approved by the Planning Board and the subdivision
map of which it is a part has been filed in the Suffolk County Clerk's
office. If the erection, alteration or usage of any building, structure
or premises for sewage disposal and treatment facilities does not
form a part of any subdivision, a building permit may be issued when
the site plan has been duly reviewed by the Village Engineer and approved
by the Planning Board.
No building or structure or part of a building
or structure shall be erected or maintained at the end of a tap street.
All applications for building permits for buildings or structures
or parts of buildings or structures at the end of a tap street shall
be referred by the Building Inspector to the Planning Board for its
review. No application for a variance may be granted by the Board
of Appeals from the provisions of this section unless such application
has first been referred to and approved by the Planning Board. The
term "tap street" shall mean any dead-end street which may be extended
in the future.
All buildings or structures, commercial, business
or residential, of whatever classification, shall border upon and
have direct access to a street, road or highway having a minimum width
of 50 feet.
