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.
(1) 
Nonconforming uses may continue indefinitely except as indicated in Subsection C below.
(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. 
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:
CONSTRUCTION AND DEMOLITION DEBRIS
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.
ENFORCEMENT OFFICER
The Village Building Inspector or any other person so designated by the Village Planning Board.
HAZARDOUS WASTE
Has the same meaning as defined in § 1389-a of the Public Health Law.
INFECTIOUS WASTE
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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BURIAL SITE
Shall include any piece of land where a person is buried, notwithstanding that the site may not be recognized as a traditional cemetery.
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. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
FENCE
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:
(a) 
Barbed or razor wire.
(b) 
Short, pointed fences.
(c) 
Canvas fences.
(d) 
Cloth fences.
(e) 
Electrically charged fences.
(f) 
Poultry fences.
(g) 
Turkey wire.
(h) 
Expandable fences and collapsible fences, except during the term of a validly issued building permit.
(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. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
FRONT YARD, REAR YARD AND SIDE YARD
All as defined in § 98-3 above (defined as "yard, front"; "yard, rear" and "yard, side").
SWIMMING POOL
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.
TENNIS COURT
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.