A.
No building, structure or land shall hereafter be
used or occupied, and no building or structure or part thereof shall
hereafter be erected, moved, altered, rebuilt or enlarged, except
in conformance with the regulations herein specified for the district
in which it is located.
B.
No yard or open space required in connection with
any building or use shall be considered as providing a required yard
or open space for any other building on the same or any other lot.
C.
No yard or lot existing at the time of passage of
this chapter shall be reduced in size or area below the minimum requirements
set forth herein. Yards or lots created after the effective date of
this chapter shall meet the minimum requirements established by this
chapter.
D.
Within each district, the regulations set by this
chapter shall be minimum regulations and shall apply uniformly to
each kind of structure or land.
The following provisions shall apply to all
buildings, structures and uses existing on the effective date of this
chapter, which buildings and uses do not conform to the requirements
set forth in this chapter; to all buildings, structures and uses that
become nonconforming by reason of any subsequent amendment to this
chapter and the Zoning Map which is a part thereof; and to all conforming
buildings housing nonconforming uses:
A.
Nonconforming uses.
(2)
Nonconforming uses shall not be reconstructed or placed on a different
portion of the lot occupied by such uses as of the effective date
of this chapter, nor shall any external evidence of such use be increased
by any means whatsoever. Conforming buildings which house a nonconforming
use may be expanded up to 15% of the total floor area of the structure
subject to all applicable bulk regulations and Planning Board approval.
[Amended 6-12-2023 by L.L. No. 3-2023]
(a)
Expansion may exceed 15% pursuant to special use permit by the
Village Board of Trustees upon finding that the expansion of the nonconforming
use results in the following:
[1]
The proposed expansion will not adversely alter the character
of the neighborhood; and
[2]
The proposed expansion will not have more of a deleterious effect
on the neighborhood and adjoining properties than the existing nonconforming
use. In determining deleterious effect, the Village Board of Trustees
shall take into consideration, among other things, traffic safety,
nuisance characteristics, manner of operation, visual impact and the
specific conditions of the premises; and
[3]
The proposed expansion improves existing conditions on the subject
premises and may reduce existing impacts, including but not limited
to noise, dust, lighting, refuse, aesthetics, parking, etc.
(b)
The Village Board may impose such additional and reasonable
requirements, whether or not contained in the Village of Chester Zoning
Code, including, but not limited to, limitations on the hours of operation
of the nonconforming use.
(3)
A lot which contains a nonconforming use, building(s)
which do not meet area requirements, or both, may be changed to a
nonconforming use if the Zoning Board of Appeals determines that such
change of use is of the same or more restricted nature and will be
a benefit to the orderly development of the district in question and
will not be detrimental to the orderly development of the adjacent
properties. Notice of such an application will be given in the same
manner as notice for a variance.
[Amended 4-7-2003 by L.L. No. 3-2003]
(4)
Nonconforming uses shall not be reestablished if such
use has been discontinued for any reason for a period of one year
or more or has been changed to or replaced by a conforming use. Intent
to resume a nonconforming use shall not confer the right to do so.
B.
Nonconforming buildings or structures.
(1)
Nonconforming buildings or structures shall not be
extended or enlarged.
(2)
Nonconforming buildings or structures shall not be
moved to another location where such building or structure would also
be nonconforming.
(3)
Nonconforming buildings or structures may be restored
but not enlarged after damage by fire, accident or other act of God
and the nonconforming use reinstated, provided that such restoration
or replacement is commenced within six months of the date of destruction
and is completed within nine months of the date of issuance of a building
permit for such restoration or replacement.
(4)
Normal maintenance and repair, alteration, reconstruction
or enlargement of a building which does not house a nonconforming
use but is nonconforming as to district regulations for lot area,
lot width, front, side or rear yards, maximum height and lot coverage
or other such regulation is permitted if the same does not increase
the degree of or create any new nonconformity with such regulations
in such building.
(5)
Nothing shall prevent normal maintenance and repair
of any building or structure or the carrying out upon the issuance
of a building permit of major structural alterations or demolition
necessary in the interest of public safety. In granting such a permit,
the Building Inspector shall state the reason why such alterations
are deemed necessary.
C.
Cessation of certain nonconforming uses and structures.
(1)
All nonconforming billboards, advertising signs and
the structures on which they are located which have been erected in
the Village shall be taken down and removed on or before the expiration
of three years from the effective date of this chapter, and such lapse
of time shall be deemed sufficient to amortize the cost thereof.
(2)
All flashing and moving signs shall be terminated
and flashing lights on signs shall be removed on or before the expiration
of one year from the effective date of this chapter, which period
of time is deemed sufficient to amortize the cost of the lighting
to be removed or replaced.
(3)
All signs which are nonconforming as to size or location
on a lot or building shall be removed or relocated and/or decreased
in size to conform to the requirements of this chapter on or before
the expiration of three years from the effective date of this chapter,
which period of time is deemed sufficient to amortize the cost thereof.
(4)
Notwithstanding any other provisions of this chapter,
any nonconforming outdoor storage of materials such as but not limited
to scrap metal, used lumber or other waste, trash, rubbish or discarded
material or machinery or one or more wrecked, unregistered or partially
dismantled vehicles not enclosed within a building shall, at the expiration
of three years from the date of enactment of this chapter, become
a prohibited and unlawful use and shall be discontinued and all such
materials shall be removed.
A.
Existing lots. Nothing shall prohibit the use of a
lot of less than the prescribed area or width when such lot is owned
individually and separate from any adjoining tract at the time of
enactment of this chapter provided that all other provisions of this
chapter are met.
B.
Height regulations. The height limitation of these
regulations may be waived by the Planning Board for the following,
provided that such areas do not exceed 10% of the total roof area
to which they are a part: flagpole, spire, belfry, chimney, transmission
tower, aerial, skylight, water or cooling tower or elevator or stair
bulkhead.
C.
Yard requirements. The following accessory structures
may be located in any required yard:
(1)
Chimneys or pilasters.
(2)
Open arbor or trellis.
(3)
Unroofed steps, patio or terrace no closer than 15
feet to the street line or 10 feet to any side or rear lot line, provided
that the building complies with the yard requirements of this chapter.
(4)
Awning or movable canopy not to exceed 10 feet in
height above the ground level over which it is located.
(5)
Retaining wall, fence or masonry wall.
(6)
Overhanging roof not in excess of 10% of the required
yard depth.
A.
Front yard setbacks and requirements are required
for all yards which abut streets. The narrowest yard of a lot which
fronts on two or more streets shall be deemed to be the front yard.
The yard opposite the front yard shall be the rear yard and all others
shall be side yards.
B.
At all street intersections, no obstructions to vision
over 30 inches in height shall be erected on any lot within the triangle
formed by the intersecting street lines and a line drawn between points
along such street lines 30 feet distant from their point of intersection.
[Amended 6-9-2003 by L.L. No. 5-2003]
A.
A permitted accessory building or structure may be
located in any required side or rear yard, provided that:
(1)
Such building or structure, except for farm purposes,
shall not exceed 15 feet in height.
(2)
A private garage shall be set back at least 15 feet
from any lot line. Except as set forth below, any other accessory
building, structure or shed will be set back at least a distance equal
to the height of the building, structure or shed or five feet, whichever
is greater, from any lot line and at least 15 feet from the principal
building on an adjoining lot. Any structure for which the setback
requirements are defined elsewhere in this chapter, e.g., fence, swimming
pool, sign etc., is not subject to these restrictions.
(3)
Such building or structure shall not occupy more than
30% of the required side or rear yard.
B.
No such building or structure shall project nearer
to the front lot line than the principal building and will otherwise
meet all front yard setback requirements.
C.
In all residence districts, a private garage is permitted
only on the same lot as a dwelling. However, a private garage built
across a common lot line by mutual agreement between adjoining property
owners is permitted, provided an easement for same is duly recorded
with the Orange County Clerk.
D.
No private garage in a residential or B-1 District
shall provide storage for more than one motor vehicle for each 25
feet of lot width or major fraction thereof or more than one vehicle
for each 2,500 square feet of lot area or major fraction thereof,
nor for more than three motor vehicles in any case, of which not more
than one vehicle may be a commercial vehicle.
Removal or excavation of sand, gravel, shale,
topsoil, black dirt or similar material for purposes other than the
construction of a building for which a building permit has been issued,
or removal of such material from one part of a premises to another
part of the same premises, when such removal is necessary as an accessory
use or is for the purpose of farming or improving said property for
a use specified for the district in which it is located, is permitted,
provided that:
A.
Such use is authorized by the Planning Board in accordance with the provisions of Article V of this chapter.
B.
The proposed operation shall have a particular time
limit for completion of either the entire operation or each stage
of the entire operation.
C.
The proposed operation shall not adversely affect
soil fertility, drainage and lateral support of abutting land or other
properties, nor shall it contribute to soil erosion by water or wind.
D.
The proposal shall include a rehabilitation plan for
the site or portions of the site related to each stage of the operation,
showing both existing and proposed final contours after operations
are completed.
E.
The proposal shall indicate how adjacent properties
and the public will be protected from the hazards of the operation,
both in terms of on-site activity and off-site traffic generated by
that activity.
F.
After any such operation, the site shall be made reusable
for a use permitted in the district in which the site is located.
Where topsoil is removed, sufficient arable soil shall be set aside
for retention on the premises and shall be respread over the premises
after the operation. The area shall be brought to final grade by a
layer of earth two feet thick or original thickness, whichever is
less, capable of supporting vegetation. Fill shall be of material
approved by the Planning Board.
[Added 1-9-1989 by L.L. No. 1-1988[1]]
A.
Legislative intent. This section is enacted to promote
the public health, safety and general welfare and to regulate the
dumping of construction and demolition debris and to prohibit the
dumping of hazardous waste, infectious waste, toxic waste, radioactive
materials and medical waste within the Village of Chester.
B.
CONSTRUCTION AND DEMOLITION DEBRIS
ENFORCEMENT OFFICER
HAZARDOUS WASTE
INFECTIOUS WASTE
Definitions. Unless specifically defined below, words
or phrases used in this section shall be interpreted so as to give
them the meanings they have in common usage and to give this section
its most reasonable application:
Wastes resulting from construction, remodeling, repair and
demolition of structures, road building and land clearing. Such wastes
include but are not limited to bricks, concrete and other masonry
materials, soil, rock and lumber, road spoils, paving material and
tree and brush stumps.
The Village Building Inspector or any other person so designated
by the Village Planning Board.
Has the same meaning as defined in § 1389-a of
the Public Health Law.
Has the same meaning as defined in § 1389-aa of
the Public Health Law.[2]
[2]
Editor's Note: The term "infectious waste"
was replaced with "regulated medical waste" by L. 1989, c. 180, effective
June 22, 1989.
C.
Administration by enforcement officer. The enforcement
officer shall administer and implement this section of this Zoning
Chapter by processing all applications and referring such applications
to the Village Planning Board.
D.
Establishment of permit requirement. No person shall
conduct or cause to be conducted any operation to deposit construction
and demolition debris on any property, public or private, within the
Village of Chester without securing a permit from the Village Planning
Board.
E.
The dumping or depositing of hazardous waste, infectious
waste, toxic waste, radioactive materials and medical waste and materials
is strictly prohibited within the confines of the Village of Chester.
F.
Application requirements. The following information
or exhibits are required in order to secure a permit:
(1)
Engineering drawings showing the tax lot upon
which the activity will be conducted.
(2)
The names and addresses and the section, block
and lot numbers of all contiguous property owners and the names and
addresses and section, block and lot numbers of all property owners
within 500 feet of the proposed site.
(3)
A plan showing all existing and proposed contour
lines, amount of debris or waste to be dumped, location of trees over
eight inches in diameter measured four feet from the ground and road
access to the site.
(4)
An erosion control plan.
(5)
Preliminary copies of any contracts to perform
such dumping or storing, which contracts shall state that it is subject
to this section of this Zoning Chapter and that a copy of this section
of this Zoning Chapter shall be attached to and become a part of such
contract.
(6)
Documentation regarding permit status with the
New York State Department of Environmental Conservation prior to the
issuance of a permit. Any New York State Department of Environmental
Conservation permit required must be in effect prior to the issuing
of a permit.
(7)
Proof of insurance adequate to cover the intended
work pursuant to the terms of the permit. The Village shall be named
as an additional insured on the applicant's policy. The applicant
shall, by a separate instrument, agree to indemnify and hold harmless
the Village from any claims arising out of the intended activity.
(8)
Completion date and any other information which
the Village Planning Board deems reasonable in reviewing the application.
G.
Additional requirements.
(1)
Operations shall be conducted only during the
hours of 7:00 a.m. to 5:00 p.m. No operations shall be conducted on
Sundays or holidays.
(2)
Prior to the issuance of a permit, the Village
Planning Board shall hold a public hearing on 10 days' notice. Notice
of a hearing shall be given 10 days prior thereto by the applicant
to all other owners of property within 500 feet of the intended site.
Proof of such notice shall be given by certified mail, return receipt
requested, and at the time of the public hearing, the applicant shall
file proof of mailing of the notice of public hearing with the Planning
Board. Public notice of such hearing shall also be published in the
official newspaper of the Village of Chester at least five days prior
to the date of the public hearing.
(3)
The Village Planning Board may refer such application
to the Village agencies for their review and recommendation. The Village
Planning Board may engage the services of the Village Engineer or
an independent consultant to review the application and supporting
documentation, the fees for which shall be paid by the applicant.
The Village Planning Board may, for this purpose, require the applicant
to deposit funds in advance in a reasonable amount, and any surplus
shall be returned.
(4)
Dumping and storing shall be done in such manner
as not to result in an increase of surface water runoff onto any other
properties and shall not result in any condition which increases erosion
or results in any unstable conditions on the site, adjacent properties
or wetlands.
(5)
The Village Planning Board or designee may contract
appropriate surveillance of the site on a twenty-four-hour, seven-days-a-week
basis until the activity is completed. The applicant shall be required
as a condition of the permit to sign the permit authorizing the Village
Planning Board, its employees or agents to enter onto the applicant's
property to conduct the appropriate surveillance. Any and all costs
for this service will be estimated by the Village Planning Board prior
to the issuance of the permit, and the applicant will then be required
to post a sum of money with the Village Clerk, in an amount to be
determined by the Village Planning Board, to cover such costs.
(6)
The applicant shall retain a professional engineer
licensed to practice in the State of New York, who shall certify as
to the contours of the site at regularly scheduled times to be established
by the enforcement officer or his designee.
(7)
Any monitoring and/or testing of debris or waste
which is required during the course of operations will be performed
by the licensed professional engineer and/or testing lab retained
by the Village Planning Board. All costs for this testing shall be
paid by the applicant, and the applicant will be required to post
a sum of money with the Village Clerk, in an amount to be determined
by the Village Planning Board, to cover such costs.
(8)
The Village Planning Board may impose any other
reasonable conditions on the permit such as screening, access controls,
dust controls, site security, etc., which the Village Planning Board
believes is necessary in order to adequately maintain the site and
protect adjacent properties.
(9)
The Village Planning Board may limit the duration
of any permit issued pursuant to this section to 60 days or any other
period deemed reasonable by the Board.
H.
Permit application fee. No permit shall be granted
until the applicant shall have provided nil of the information to
the Village of Chester and agencies as required by this section and
paid an application fee in such amount as the Village Board of Trustees
may establish from time to time by resolution at a regular meeting
thereof.
I.
Performance bond. The applicant shall be required
to post a performance bond, an irrevocable letter of credit or money
security deposit in an amount to be determined by the Village Planning
Board to be posted with the Village Clerk to guarantee the satisfactory
restoration of any state, county or Village roads or other public
property or adjoining private property which might be damaged as a
result of the activities of the applicant pursuant to the terms of
this section. In the event that the applicant fails or refuses to
make the necessary repairs, the Planning Board shall forfeit the performance
bond, proceeds of an irrevocable letter of credit or money security
deposit in order to underwrite the expense of making such repairs.
J.
Liability for violations.
(1)
Civil liability. A person who violates any of
the provisions of this section or terms of any permit issued hereunder
or who fails to perform any duty imposed by this section shall be
liable for a penalty of $5,000 per day of such violation or any amount
equal to 150% of the Village's actual costs caused by noncompliance
with any of the provisions of this section, including consequential
damages, whichever is higher. The fine of 150% shall be of the total
cost to the Village, regardless of any and all reimbursement to the
Village by the applicant or other sources to cover the initial cost
estimates. Violation of a permit condition shall constitute grounds
for abatement and for revocation of such permit.
(2)
Criminal liability. A person who violates any
of the provisions of this section or terms of any permit issued hereunder
or who fails to perform any duty imposed by this chapter shall be
guilty of a misdemeanor and, upon conviction thereof, shall be punished
by a fine of not more than $1,000 or imprisonment for not more than
one year, or by both such fine and imprisonment. Each day a violation
shall continue shall constitute a separate and distinct violation
of this section.
K.
Notice of violations; service.
(1)
Whenever the enforcement officer determines
that a violation exists, a notice of violation shall be issued. Such
notice shall state the nature of the violation, the provision or term
violated and a reasonable time to abate such a violation.
(2)
Nothing herein shall be construed so as to prevent
the Village from requiring the immediate abatement of a violation.
The time to remedy shall be measured from the date the Village determines
a violation exists.
(3)
A notice of violation shall be served upon a
person of suitable age and discretion either residing or employed
at the premises where the violation exists by service by certified
mail upon the owner indicated on the current tax roll of the Village
to the address indicated therein and by posting of a copy of the notice
at the premises where the violation exists or by serving the person
named upon the permit.
L.
Severability. If any phrase, sentence or provision
of this section is adjudged invalid by any court of competent jurisdiction,
such judgment shall be confined to that phrase, sentence or provision
effected by such judgment and shall not effect the validity of the
remainder of this section.
M.
When effective. This section shall take effect immediately
upon filing with the Secretary of State.
[1]
Editor's Note: This local law was redesignated
as "L.L. No. 1-1988" (from 2-1989) by Village resolution dated 7-10-1989.
However, the records of the Secretary of State list this local law
as L.L. No. 2-1989.
[Added 9-9-2002 by L.L. No. 6-2002]
A.
Purpose. The Village of Chester is adopting a Cemetery
Protection Law to protect the cemeteries and burial sites located
within its borders from encroachment of commercial and/or residential
structures, to regulate drainage that may impact same, to preserve
the integrity of such cemeteries and burial sites and to protect the
health, safety and welfare of its residents by establishing encroachment
and drainage requirements.
B.
BURIAL SITE
CEMETERY
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Shall include any piece of land where a person is buried,
notwithstanding that the site may not be recognized as a traditional
cemetery.
Shall include any and all public, private, religious, historic
and/or family cemeteries where deceased persons are buried.
C.
Identification and locations of known cemeteries in
the Village of Chester.
(1)
Locations.
|
Cemetery
(Name of Cemetery)
|
Location of Cemetery
(Road/Street)
| |
|---|---|---|
|
TO BE DETERMINED
| ||
(2)
Notwithstanding the identification of known
cemeteries and/or burial sites hereinabove, this list shall not be
deemed exhaustive such that any cemeteries and/or burial sites not
identified on said list are subject to the provisions herein.
D.
Requirements.
(1)
This provision will apply to:
(a)
All real property that requires subdivision,
site plan or special use permit approval from the Planning Board.
(b)
All real property to be otherwise improved by
any commercial or residential structure.
(c)
All real property to be regraded more than one
foot in elevation within 200 feet of a cemetery or burial site.
(2)
Any application to the Planning Board for subdivision,
site plan or special permit approval and any application to the Building
Inspector for a building permit for any structure or regrading must
identify any cemetery or burial site either on such real property
or within 200 feet of such real property.
(3)
No building or structure may be erected within
100 feet of a cemetery and/or burial site.
(4)
The Planning Board, in its sole discretion,
as part of any subdivision, site plan or special use permit application,
may require a commercial or residential developer to provide for restrictions
on grading or adequate drainage, to erect fencing, to install plantings
or otherwise to erect a visual and/or physical barrier between developable
areas of land and a cemetery and/or burial site to preserve the integrity
of such cemeteries and burial sites. The Building Inspector shall
not issue a building permit for any structure nor permit regrading
that is subject to this provision without first referring the matter
to the Planning Board for review.
E.
Penalty for violation of provisions herein. Any violation
of the provisions herein shall be prosecuted to the fullest extent
of the law by the Village of Chester pursuant to the laws of the State
of New York, including but not limited to §§ 145.22
and/or 145.23 of the New York State Penal Law and/or §§ 4216,
4217 and/or 4218 of the New York State Public Health Law, and shall
be subject to the fines and penalties associated therewith and/or
consistent with any other applicable provision of law.
[Amended 9-13-2004 by L.L. No. 2-2004]
A.
Purpose. The Village Board has determined that the
installation of fences and walls should be regulated to insure orderly
administration of construction, composition and placement within the
Village.
B.
FENCE
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
Any structure, including walls (but not retaining walls approved by the Planning Board as part of a site plan review), regardless of composition, that is erected or maintained for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions. However, the definition shall specifically not apply for purposes of swimming pool protection and tennis courts, which are regulated under § 98-14.1 below.
C.
Applicability and application.
(1)
No person shall construct or have constructed a fence
without a building permit from the Building Inspector. An application
for a building permit will include a certified survey with a plan
or sketch showing the proposed location of any fence and materials
proposed to be used. The proposed fence must be in accordance with
this section and any other pertinent local law regulating construction
within the Village.
(2)
The permit provisions of this section shall apply
to fences in all zoning districts. In addition, all fences for commercial,
multifamily, and industrial uses must comply with this chapter and
require Planning Board approval. The Planning Board may amend the
requirements of this chapter to provide for screening or to meet special
use permit requirements.
(3)
After issuance of a building permit, construction
or installation shall be accomplished within a ninety-day period;
otherwise, the permit will expire. The Building Inspector may authorize
in writing an additional extension period not to exceed 30 days. However,
if a fence is part of a site plan approved by the Planning Board,
then such approval will be valid for the same duration as site plan
approval.
D.
Height limitations and location restrictions.
(1)
Rear and side yards. No fence shall be more than six
feet in height in the rear and side yard of any lot or parcel and
shall not extend forward along the side yard to the front building
line of any existing or proposed principal improvement.
(2)
Front yards. No open fence shall be more than four
feet in height in any front yard, and no solid fence shall exceed
three feet in height.
(3)
No fence shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic or interfere with adequate visibility for operators of motor vehicles and shall comply with the provisions of § 98-11 for corner lots.
(4)
Any fence erected under this section shall be placed
within the applicable property line and shall not encroach on adjoining
property. Any fence erected in a front yard shall be placed at least
one foot back from any sidewalk.
E.
Construction, maintenance and appearance. All fences shall be constructed and maintained in a safe, sound, sturdy and upright condition. Fences shall be erected in such manner as to permit the flow of natural drainage and shall not cause surface waters to be blocked, damned or to create ponding. The exterior appearance of all fences shall present the more aesthetic side to exterior in the opinion of the Building Inspector or appropriate authority. Fences shall be maintained in accordance with the property maintenance requirements of the New York State Uniform Fire Prevention and Building Code, particularly the Property Maintenance Code, Chapter 3, Minimum Requirements.
F.
Materials and composition.
(1)
The following fences and fencing materials are specifically
prohibited:
(2)
Temporary fences, such as snow fences, may be erected
and maintained during the appropriate season, but may not be used
to generally enclose a piece of land or to divide a piece of land
into distinct portions.
(3)
All chain link fences erected shall be erected with
the closed loop at the top of the fence.
(4)
No fence shall be multicolored. Contrasting poles
or posts are permitted provided they are of a uniform color.
(5)
All entrances or gates shall open into the property.
G.
Existing fences. A fence lawfully in existence as
of the effective date of this section which shall be made nonconforming
by this section may be continued except as otherwise provided herein.
No fence which is nonconforming shall be changed, enlarged, extended
or reconstructed except to a conforming fence, but no provision hereof
shall prohibit the repainting, staining, waterproofing, minor repair
or insubstantial alteration of an existing fence. Any nonconforming
fence which is destroyed less than 50% by fire, other casualty or
act of God may be repaired and used in the same manner as prior thereto,
provided that the fence is not enlarged, extended or otherwise materially
changed. All such repairs shall be completed within six months after
the date of partial destruction or the nonconforming fence shall be
deemed to have been abandoned. When destruction of a nonconforming
fence exceeds 50%, the same shall not be rebuilt or restored except
in conformity with the requirements of this section.
H.
Review. Any person or entity aggrieved by a decision
of the Building Inspector regarding installation, erection, or repair
of a fence pursuant to the provisions of this section shall have a
right to appeal the decision to the Village Zoning Board of Appeals.
However, in the case of the removal of a fence which interferes with
adequate visibility for operators of motor vehicles, such appeal shall
not impede the Building Inspector or Street Commissioner's right to
remove any obstruction prior to the appeal.
I.
Penalties for offenses. Any person, firm or corporation
or his or her or its agent, servant, workman or employee violating
any of the provisions of this section shall be punishable by a fine
of exceeding $250 or by imprisonment for not more than 15 days. Each
day's continuance of a violation after notice to cease shall be deemed
a separate and distinct offense and shall be punishable accordingly.
[Added 9-13-2004 by L.L. No. 3-2004]
A.
Purpose. The Village Board has determined that the
installation of swimming pools and tennis courts should be regulated
to ensure orderly administration of construction, composition and
placement within the Village. No commercial or private swimming pool
or tennis court shall be constructed, installed or maintained on any
premises unless it complies with this chapter.
B.
FRONT YARD, REAR YARD AND SIDE YARD
SWIMMING POOL
TENNIS COURT
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
All as defined in § 98-3 above (defined as "yard, front"; "yard, rear" and "yard, side").
Any enclosure which will cause the retention of water to
a depth of 18 inches or more below the level of the surrounding and,
or an above-surface pool which will cause the retention of water to
a depth of two feet or more, designed, used and maintained for swimming
or bathing purposes.
A smooth surface of grass or other surface that is used or
intended for playing the game of tennis.
C.
Applicability and application.
(1)
No person shall construct or have constructed
a swimming pool or tennis court without having first applied for and
secured approval by the issuance of a building permit from the Building
Inspector. Together with an application for a building permit, there
shall be submitted plans and specifications detailing the dimensions,
the distance of the swimming pool or tennis court from all lot lines
and, if any, septic tanks and their fields a lighting plan, and a
fencing proposal.
(2)
After issuance of a permit, construction or
installation shall be accomplished within a ninety-day period; otherwise,
the permit will have expired. The Building Inspector may authorize
in writing an additional extension period not to exceed 30 days. If
construction is not completed within the ninety-day period or extension
thereof, any excavation shall be completely filled and the surface
restored to its original state.
D.
Location. Swimming pools and tennis courts shall be
located in the rear yard of any lot or parcel and shall not extend
forward along the side yard past the front building line of any existing
or proposed principal improvement. No portion of a swimming pool or
tennis court will be located in a front yard.
E.
Setbacks. Swimming pools, tennis courts and related
improvements, such as decks, walkways, patios, and other improved
surfaces, shall be located at least 15 feet from any rear or side
property line of the premises and shall be at least 25 feet away from
any septic tank and its fields. Filter pumps and other mechanical
devices shall be located at least 20 feet away from any rear or side
property line of the premises so as not to interfere with the comfort,
health and safety of the occupants of the adjoining premises.
F.
Construction materials. All materials used in the
construction of a swimming pool shall be of durable quality and waterproof
and designed so as to facilitate its emptying and cleaning. All materials
used for construction of a tennis court shall be of durable quality
to avoid excess deterioration.
G.
Fences and enclosures. Swimming pools and tennis courts
must be enclosed as required by the New York State Fire Prevention
and Building Code. A fence or other enclosure shall be constructed
during the ninety-day or extension period. Any access ladder or steps
used in connection with an above-surface-type swimming pool shall
be removed when not in use.
H.
Lighting. Any lighting and electrical fixtures, wiring and installation shall be in accordance with the standard practices as required by the National Electric Code. Any lighting shall comply with § 98-15 below.
I.
Existing swimming pools and tennis courts. A swimming
pool or tennis court lawfully in existence as of the effective date
of this section which shall be made nonconforming by this section
may be continued except as otherwise provided herein. No swimming
pool or tennis court which is nonconforming shall be changed, enlarged,
extended or reconstructed except to a conforming swimming pool or
tennis court, but no provision hereof shall prohibit the repainting,
minor repair or insubstantial alteration of an existing swimming pool
or tennis court. Any nonconforming swimming pool or tennis court which
is destroyed less than 50% by fire, other casualty or act of God may
be repaired and used in the same manner as prior thereto, provided
that the swimming pool or tennis court is not enlarged, extended or
otherwise materially changed. All such repairs shall be completed
within six months after the date of partial destruction or the nonconforming
swimming pool or tennis court shall be deemed to have been abandoned.
When destruction of a nonconforming swimming pool or tennis court
exceeds 50%, the same shall not be rebuilt or restored except in conformity
with the requirements of this section.
J.
Discontinued or abandoned. If any swimming pool is
abandoned or permanently discontinued, the owners of the land upon
which it is located shall completely fill the pool area and return
the surface to a natural state. If any tennis court is abandoned or
permanently discontinued, the owners of the land upon which it is
located shall completely remove any surface area, except for grass,
and return the surface to a natural state, or change the area to another
permitted use.
K.
Drainage. All swimming pools and tennis courts shall
be provided with drainage to a drainage easement or swale or storm
drain, but in no case to a sanitary sewer or toward the direction
of a septic field. Below-surface swimming pools shall be provided
with washed gravel or crushed stone on the exterior of the pool sides
where deemed necessary by the Building Inspector for proper drainage.
L.
Level conditions. Aboveground pools shall be leveled
and not located on fill areas.
M.
Seasonal covers. Seasonal covers capable of being
adequately secured shall be required on all swimming pools during
normal off-season periods.
N.
Review. For any person or entity aggrieved by a denial
of a permit by the Building Inspector for the installation or erection
of a swimming pool or tennis court pursuant to the provisions of this
chapter, such property owner shall have a right to appeal the decision
to the Village Zoning Board of Appeals.
O.
Penalties for offenses. Any person, firm or corporation
or his or her or its agent, servant, workman or employee violating
any of the provisions of this section shall be punishable by a fine
of exceeding $250 or by imprisonment for not more than 15 days. Each
day's continuance of a violation after notice to cease shall be deemed
a separate and distinct offense and shall be punishable accordingly.
Floodlighting of buildings and front, side and
rear yards is permitted. No floodlight, spotlight or other light shall
be erected in such a manner that its beam shall be directed, in whole
or in part, toward a street, road or highway or toward adjoining property,
or in any way or manner that will cause a traffic hazard due to its
glare.
