No use shall be permitted in the M-1 or M-2 District that does not conform to the following standards of use, occupancy and operation hereby established as the minimum requirements to be maintained:
A. 
Industrial wastes. No solid or liquid wastes shall be discharged into any public sewer, private sewage disposal system, stream or on or into the ground, except in accordance with the standards approved by the Orange County Health Department or similarly empowered agency.
B. 
Fire and explosion hazards. All activities involving, and all storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire suppression equipment and devices standard in the industry.[1]
[1]
Editor's Note: For additional provisions pertaining to the storage of flammable substances, see Ch. 48, Fire Prevention.
C. 
Radioactivity or electromagnetic disturbance. No activities shall be permitted which emit dangerous radioactivity beyond the structure in which such activity is situated or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
D. 
Glare and heat. No glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated.
[Added 2-6-1995 by L.L. No. 1-1995]
A. 
Agricultural data statement: submission; evaluation. Any application for a special use permit, site plan approval, use variance or subdivision approval requiring municipal review and approval by the Planning Board or Zoning Board of Appeals that would occur on property within an agricultural district containing a farm operation or on property with boundaries within 500 feet of a farm operation located in an agricultural district shall include an agricultural data statement. The Planning Board and/or Zoning Board of Appeals shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within such agricultural district.
B. 
Agricultural data statement: notice provision. Upon the receipt of such application by the Planning Board or Zoning Board of Appeals, such board shall mail written notice of such application to the owners of land as identified by the applicant in the agricultural data statement. Such notice shall include a description of the proposed project and its location and may be sent in conjunction with any other notice required by state or local law, ordinance, rule or regulation for said project. The cost of mailing said notice shall be borne by the applicant.
C. 
Agricultural data statement: content. An agricultural data statement shall include the following information: the name and address of the applicant, a description of the proposed project and its location, the name and address of any owner of land within the agricultural district (which land contains farm operations and is located within 500 feet of the boundary of the property upon which the project is proposed) and a Tax Map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
D. 
Notice to county planning agency. The Planning Board or Zoning Board of Appeals shall refer all applications requiring an agricultural data statement to the county planning agency as required by §§ 239-m and 239-n of the General Municipal Law.
A. 
A side or rear yard in a B-1 or B-2 District adjacent to a residential district, or an apartment in an RM District adjacent to an RS District, shall have a minimum width or depth of 15 feet, which shall be landscaped and free of pavement, and that part nearest the residential district shall be planted with a screen of evergreens having a uniform height of not less than five feet above ground level at the time of planting and set in a double staggered row spaced eight feet apart in each row, which screen shall be properly maintained to afford an effective screen between the two districts.
B. 
Where a plot on which is located an industrial use or parking area for an industrial use abuts a residential use in any residential or M District, a landscaped buffer area 50 feet in width, exclusive of paved areas, shall be required along the side and rear lot lines which abut said residential use. That part nearest the residential district or use shall be planted with a screen of evergreens having a uniform height of not less than five feet above ground level at the time of planting and set in a double staggered row spaced eight feet apart in each row, which screen shall be properly maintained to afford an effective screen between the two districts.
A. 
Each principal building shall have uninterrupted frontage upon a street or court. If said frontage is upon a court, the least dimension of said court shall be not less than 75 feet.
B. 
If the rear of any principal building shall be opposite any other principal building, it shall be distant therefrom not less than twice the average height of the opposite bounding walls.
C. 
The side of a principal building, if opposite the side of another principal building, shall be separated therefrom by a distance of not less than the average height of the opposite bounding walls.
D. 
There shall be provided on the townhouse or apartment building site usable open space at the rate of 700 square feet per dwelling unit. For every dwelling unit containing three or more rooms, there shall be provided usable open space for outdoor play area for children at the rate of 100 square feet per dwelling unit. Such outdoor play area for children shall not be less than 25 feet in its least dimension and shall be reserved and maintained by the owner or home association and may be suitably fenced or screen planted. Such outdoor play area for children may be counted as part of the required usable open space per dwelling unit.
E. 
Apartment dwelling units containing two or more bedrooms shall not exceed 50% of the total number of units in an apartment complex located on a single lot.
[Amended 8-8-2005 by L.L. No. 2-2005]
F. 
Fire-retardant walls constructed of cinder block or similar material approved by the Planning Board shall be used to fully separate all dwelling units in townhouses and apartment buildings. Such walls shall extend to the full height of said structure.
[Amended 2-10-1992 by L.L. No. 2-1992; 2-11-2002 by L.L. No. 2-2002; 11-4-2013 by L.L. No. 4-2013]
A. 
Objective of sign ordinance. These regulations are promulgated for the purpose of controlling existing and proposed outdoor signs of all types which are visible from streets in the Village in order to:
(1) 
Promote public safety and welfare by reducing distraction and obstructions to motorists which may contribute to traffic accidents and by reducing hazards that may be caused by signs overhanging streets in the Village; and
(2) 
Create a more attractive economic and business climate, lessen congestion of land and air space, enhance and protect the physical appearance of the community visible from the streets in the Village and provide a more aesthetically enjoyable and pleasing community. It is further intended to provide more visual open space and enhance the community's appearance and attractiveness.
B. 
Unless specifically permitted herein or required to be permitted as a matter of freedom of speech by the Constitution of the United States or the Constitution of the State of New York, all signs are prohibited.
C. 
Signs permitted in residence districts. The following signs shall be permitted in residence districts:
(1) 
Real estate signs not exceeding six square feet in area, advertising the sale, rental or lease of the premises on which they are maintained. Such signs shall be distant at least 25 feet from any street line or not more than five feet in front of any building that sets back less than 25 feet from the street line.
(2) 
One nameplate or professional or announcement sign in connection with a residential building not exceeding two square feet in area.
(3) 
One identification sign, not exceeding 16 square feet in area, for a place of worship, parish house, religious school building, hospital, nursing home, private school, apartment building or professional office (authorized per special use permit 9 of the RS District regulations), subject to Article V hereof. Such sign shall refer only to the premises upon which it is located. Signs may be affixed to the wall of a building or freestanding. Freestanding signs shall be set back a minimum of 25 feet from the street line.
(4) 
A ground-mounted sign shall not project more than five feet above the ground.
(5) 
A sign mounted on a building shall not project above the roofline or a line five feet above the top of the roof beams where they join the exterior bearing wall, whichever is lower.
D. 
Signs permitted in B-1 Districts. The following signs shall be permitted in B-1 Districts:
(1) 
Any sign permitted in a residential district, according to residential district regulations.
(2) 
Flat business signs which shall not project more than 12 inches beyond the building facade and shall not extend above the roofline or a line five feet above the top of the roof beams where they join the exterior bearing wall, whichever is lower.
(3) 
Suspended business signs hung off buildings aver sidewalks no larger than 12 square feet in size. Lowest edge of sign must be higher than eight feet six inches over sidewalk surface and be supported solely by the building (no post). Sign must not be closer than 12 inches from road curb.
(4) 
The total surface display area of flat business signs and suspended business signs shall not exceed in square feet two rimes the number of linear feet of the width of the store or building frontage, except that in the case of a corner lot such square foot display area may be increased by one times the number of linear feet of the length of the store or building which faces the secondary street. Said increased permitted display area shall be used only for the erection of a permitted sign on the length of the building or store which faces the secondary street. Where the premises abut a parking lot, the total display area may be increased by 1/2 times the number of linear feet of the width of the store or other building fronting on such parking lot. Such increased display area shall only be utilized for the erection of a permitted sign on that part of the store or building which abuts said parking lot.
(5) 
No sign of any kind shall be painted or mounted on the side of a building facing an adjoining residence district, nor shall signs of any kind be placed in the side yard or rear yard area adjoining a residence district.
E. 
Signs permitted in B-2 Districts. The following signs shall be permitted in B-2 Districts:
(1) 
Any sign permitted in a B-1 District, according to B-1 District regulations, except suspended signs, which are permitted in B-1 District. However, the maximum total area for all permitted flat signs shall not exceed 200 square feet for the frontage on one street and shall not exceed 400 square feet for all sides of a store or building.
(2) 
One identity sign per individual use, exclusive of uses in a shopping center. One identity sign is permitted for a shopping center less than 10 acres in area, and two identity signs are permitted for shopping centers in excess of 10 acres.
(3) 
Identity signs, which shall not be over 20 feet high above ground level with no part or projection closer to a street line than 20 feet.
(4) 
The maximum area far identity signs shall be:
(a) 
For individual uses: 50 square feet for one face or 100 square feet for the two faces of a double-faced sign.
(b) 
For shopping centers: 100 square feet for one face or 200 square feet for the two faces of a double-faced sign.
(5) 
In addition to identity and wall signs, gasoline filling stations may have incidental signs indicating services, products, prices, trade information or other information, not including product advertising, which may be attached to the structure or may be listed an one permanently installed sign structure at least 20 feet from any property line.
(6) 
No products or product containers or signs shall be closer to a street line than 20 feet.
(7) 
The total sign area of incidental signs other than identity and wall signs shall not exceed a total of 40 square feet.
(8) 
Billboards and other advertising signs which are not clearly visible from any street in the Village.
F. 
Signs permitted in M Districts. The following signs are permitted in M Districts:
(1) 
For each industrial establishment, one identity sign for each street frontage, each with a maximum area of one square foot for each linear foot of a building facade which fronts on a street.
(2) 
Flat wall signs located anywhere on the surface of the building, but in no case shall they project above the roofline or a line five feet above the top of the roof beams where they join the exterior bearing wall, whichever is lower, or ground-mounted signs not to exceed five feet in height and set back at least 25 feet from a street line.
(3) 
Billboards and other advertising signs which are not clearly visible from any street in the Village.
G. 
Signs permitted in any district. The following signs shall be permitted in any district and shall not require a permit:
(1) 
Construction. signs which identify the architects, engineers, contractors and other individuals or firms involved with the construction, but not including any advertisement of any product, and signs announcing the character of the building enterprise or the purpose for which the building is intended, during the construction period, to a maximum area of 32 square feet for each industrial or B-2 use and to a maximum area of four square feet for each firm in all other districts. The signs shall be confined to the site of the construction and shall be removed within 14 days of the beginning of the intended use of the project.
(2) 
Real estate signs advertising the sale, rental or lease of the premises or part of the premises on which the signs are displayed, up to a total area of 12 square feet unless otherwise regulated by Subsection C(1) above. Such signs shall be removed within 14 days of the sale, rental or lease of the premises.
(3) 
Political campaign signs announcing the candidates seeking public political office and other data pertinent thereto or other signs publishing noncommercial content, up to an area of 16 square feet for each premises. These signs shall be confined within private property.
(4) 
A sign of the temporary poster-type erected for temporary use only and displayed inside a business establishment or affixed to the outside of its show window or on the building which houses such establishment, advertising a special sale for a limited time only of goods, services or entertainment on the premises where displayed; or a similar sign not over three square feet in area advertising same civic event.
(5) 
Signs directing traffic movement onto a premises, not exceeding two square feet in area for each sign. Horizontal directional signs on and flush with paved areas are exempt from these standards.
(6) 
Signs of educational, religious, governmental or nonprofit organizations containing general public information, or signs of public, quasi-public, commercial, industrial or real estate development uses giving directions thereto. Such signs:
(a) 
Shall require approval of controlling agencies when located on street rights-of-way.
(b) 
Shall not exceed four square feet in area.
(c) 
May be located on a premises other than that on which the use to which the signs refer is located.
(d) 
Shall be limited to three signs per use.
(e) 
Shall be located at least 1,500 feet apart as measured along a street.
H. 
Signs prohibited in any district. The following signs and types of signs shall be prohibited in any district:
(1) 
Signs advertising a structure or device erected or maintained adjacent to a state park or parkway in violation of § 13.07 of the Parks, Recreation and Historic Preservation Law.
(2) 
Signs which contain or are an imitation of an official traffic sign or signal or contain the words "stop," "go slow," "caution," "danger," "warning" or similar words.
(3) 
Signs or lights which are of a size, location, movement, content, coloring, shape or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal.
(4) 
Signs which move in any manner, consist of moving devices, have a major moving part or which may swing or otherwise noticeably move as a result of wind pressure because of the manner of their suspension or attachment.
(5) 
Billboards and other advertising signs which are clearly visible from a street in the Village, and signs mounted on rooftops and signs which project out from buildings more than one foot.
(6) 
Freestanding or projecting signs within and area bounded by the intersection of the right-of-way of two or more streets and located within 30 feet from such intersection along the rights-of-way of such streets, except informational signs erected by a governmental body.
(7) 
Signs that are displayed in such a manner as to be hazardous to traffic or disturb occupants of any other building.
(8) 
Signs attached to or incorporated onto any utility pole or light pole.
(9) 
Signs erected or located on, within or over any public right-of-way, unless specifically permitted herein.
(10) 
Except as otherwise permitted in this chapter, signs which are not accessory to a use located on the premises.
(11) 
Inflatable signs.
I. 
Illumination of signs in any district. The following regulations as to illumination of signs shall apply in all districts:
(1) 
Signs may be internally lighted or illuminated by a hooded reflector.
(2) 
No sign shall have blinking, flashing or fluttering lights or other illuminating device which has a changing light intensity, brightness or color.
(3) 
Exposed reflective-type bulbs or incandescent lamps which exceed 15 watts shall neither be used on the exterior surface of any sign so as to expose the face of the bulb, light or lamp to any public street or adjacent property nor be strung in a series of bulbs.
(4) 
In the B-2 District, signs, or portions of, can be of electronic message display (EMD) provided they meet the following criteria.
(a) 
EMD does not change more than once every eight seconds and the electronic message center does not exceed 50% of total sign area permitted.
(b) 
EMD change is to be instant and take no more than one second.
(c) 
EMD will not flash, fade or scroll.
(d) 
All devices will be required to have automatic dimming capability that adjusts the brightness to the ambient light at all times of the day and night.
(e) 
Only one electronic message display per zoning lot. Gasoline filling stations are allowed digital pricing at each pump not to be included in overall sign allotment.
(5) 
In the M Districts, signs, or portions of, can be electronic message display (EMD) provided they meet the following criteria.
(a) 
EMD does not change more than once every (eight) seconds and the electronic message center does not exceed 50% of total sign area permitted.
(b) 
Billboards and other advertising signs which are not clearly visible from any street in the Village can be up to 100% EMD.
(c) 
EMD change is to be instant and take no more than one second.
(d) 
EMD will not flash, fade or scroll.
(e) 
All devices will be required to have automatic dimming capability that adjusts the brightness to the ambient light at all times of the day and night.
(f) 
Billboards and other advertising signs facing State Route 17/Interstate 85 must meet the more restrictive standard of state or Village requirements.
J. 
Noncommercial copy. Notwithstanding any other provisions of this section, any sign authorized herein is allowed to contain noncommercial copy in lieu of any other copy. Any provision authorizing commercial copy may be read so as to authorize noncommercial copy in lieu thereof.
K. 
Severability. If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provisions or application, and to this end the provisions of this section are severable.
L. 
Governmental agencies. The provisions of this § 98-19 shall not apply to the Village of Chester.
A. 
Permitted accessory parking.
(1) 
There is no limitation on the number of agricultural vehicles permitted accessory to farm uses.
(2) 
In residence districts and on residential lots in all districts, automobiles, commercial vehicles under 3/4 ton capacity and motorcycles may be parked on the driveways in front yards. Utility and recreational or camping trailers shall be parked in garages or in rear yards only.
B. 
Prohibited accessory parking.
(1) 
Residence districts.
(a) 
In a residence district, the following motor vehicles shall not be parked or left standing in any yard area or on a driveway:
[1] 
Buses.
[2] 
Trucks, tractors, including any motor vehicle designed and used primarily for drawing other vehicles.
[3] 
House trailers exceeding 24 feet in length.
(b) 
This subsection shall not be interpreted to prohibit trucks being used in the rendering of a service to a premises.
(2) 
Boats of any type or design may not be parked or left standing in any required yard or front yard.
(3) 
In M-1 Districts, no off-street parking shall be permitted in the required front yard.
(4) 
In B-1 and residence districts, no off-street parking shall be permitted in any front yard except on the driveways of single- and two-family dwellings.
(5) 
Unregistered, wrecked or partially dismantled motor vehicles of any type or design shall not be permitted to be parked or left standing in any yard area of any district.
(6) 
In a B-2 District, no parking shall be permitted within 20 feet of a street line.
C. 
Required off-street parking. No building or premises shall be built or erected, nor shall any building be altered so as to expand its usable floor area, nor shall the use of any building or premises be expanded or changed, unless there is provided parking area on the premises upon which the use or structure is located in accordance with the Schedule of District Regulations, column 9, except as provided in Subsection D below.
D. 
Required off-street parking spaces may be located elsewhere than on the same lot as the use to which they are appurtenant, provided that such parking shall be in the same zone as the use to which it is appurtenant and further provided that it not be more distant from the principal entrance or entrances to the structure it serves than 200 feet in the case of a B-1 or RM use, 400 feet in the case of a B-2 use and 800 feet in the case of a manufacturing or industrial use, and provided that all such space, through ownership or permanent easement, shall be under the control of the owner or operator of the use to which such space is appurtenant.
E. 
Computation of spaces.
(1) 
Required spaces shall be computed on the basis of 200 square feet (10 feet by 20 feet) exclusive of drives or aisles for access or turning movements in said parking area.
[Amended 11-13-2017 by L.L. No. 3-2017]
(2) 
When the number of required spaces results in a fraction, the fraction shall require one parking space.
(3) 
Adequate space shall be provided on the lot to permit the placing of automobiles in a position to enter a public street or highway from said parking area in a forward direction.
(4) 
If a use is not listed in the Schedule of District Regulations, column 9, then the number of required off-street parking spaces becomes the number of spaces required for the use which most nearly approximates the proposed use as interpreted by the Planning Board.
(5) 
When more than one permitted use is located on a premises, the number of required off-street parking spaces becomes the sum of the component requirements. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total parking spaces required for that use with the least requirement.
(6) 
Areas which may be computed as the required off-street parking space may include a garage, carport or other area available for parking, other than a street or a driveway. However, a driveway within a front yard of a one- or two-family dwelling may be counted as one space.
(7) 
In an effort to maintain the character of the B-1 District, at the discretion of the Planning Board, all or portions of the required off-street parking for business uses may be waived. Before any waver is given, the Planning Board will consider the use proposed, proximity to available municipal parking and the availability of on-street parking. When credit is given for available on-street parking, the on-street parking credit will be calculated at the rate of one space per 20 feet of lot frontage with on-street parking available.
[Added 11-13-2017 by L.L. No. 3-2017]
F. 
Standards for pavement, maintenance and access.
(1) 
Off-street parking areas for more than three automobiles shall be adequately paved, graded and drained so as to dispose of all surface waters to the satisfaction of the Village Engineer.
(2) 
All off-street parking spaces within any required parking area shall be clearly marked to show the parking arrangement and movement within said parking area.
(3) 
All off-street parking areas shall be maintained in good condition. Any shrubs required by this chapter as a buffer for a particular use on the same premises as a parking area, which shrubs are located adjacent to a parking area, shall be protected by a concrete curb, bumper guard or the equivalent, which shall run parallel to said shrubs, be at least five inches in height above the paved surface adjacent to said shrubs and be a sufficient distance therefrom to protect said shrubs from the impact of motor vehicles.
(4) 
There shall be adequate provision for ingress and egress to all parking spaces. Access to off-street parking areas shall be limited to several well-defined locations at which curb cuts shall be permitted by the Planning Board. Driveways to each of said curb cuts shall be at least 10 feet in width and no more than 20 feet in width in a B-1 or residential district for a use requiring five or more spaces. In a B-2 or industrial district, driveways to each of said curb cuts shall be at least 15 feet in width and no more than 30 feet in width. In no case shall there be permitted unrestricted access along the length of the street or streets upon which the parking area abuts.
G. 
Required off-street loading.
(1) 
No building or premises shall be built or erected, nor shall any building be altered so as to expand its usable floor area for any commercial or industrial use, nor shall the use of any premises be changed, unless there is provided loading space in accordance with the use. Every building or structure, lot or land hereafter put into use for business or industrial purposes or for a hospital and which has an aggregate floor area of 4,800 square feet or more in an M District or 15,000 square feet or more in any other district where such uses are permitted shall be provided with off-street truck loading spaces in accordance with the following schedule:
Aggregate Floor Area Devoted to Such Use
(square feet)
Required Number of Off-Street Truck Loading Spaces
4,800 to 25,000 in any M District
1
15,000 to 25,000 in other districts
1
25,001 to 40,000 in all districts
2
40,001 to 100,000 in all districts
3
Each additional 60,000 in all districts
1 additional
(2) 
Shipping or receiving docks for off-street loading facilities shall have adequate access to and from a public street without using said street for maneuvering purposes and shall not be located nearer than 200 feet to a residential district.
(3) 
Required loading spaces shall be at least 12 feet by 33 feet or of a size suitable for their intended purpose as determined by the Planning Board.
A. 
Standards. Minimum habitable dwelling space for all types of dwelling units shall be subject to the Schedule of District Regulations, column 8.
B. 
Additions. An addition to an existing dwelling shall be permitted even though the addition does not increase the habitable dwelling space or floor area to meet the habitable dwelling space requirements of the Village of Chester.
C. 
Measurement of habitable dwelling space. Habitable dwelling space shall be calculated in floor area and shall be subject to the following restrictions:
(1) 
The minimum clear ceiling height of habitable dwelling spaces shall not be less than seven feet six inches in the first story and not less than seven feet four inches in the upper stories.
(2) 
In computing the dwelling space of half stories or attics, all portions less than five feet in height shall be disregarded.
(3) 
The floor of a cellar, garage, porch or similar part of an attachment to a dwelling shall not be counted as habitable dwelling space.
(4) 
In calculating habitable dwelling space, the floor area shall be measured from the outside face or center of the walls enclosing each dwelling and may include all closet space and storage areas contained within the dwelling or apartment unit, but shall not include outside patios, balconies or terraces. In the case of dwelling units above business uses or apartment buildings, utility rooms or interior hallways used jointly by occupants of more than one dwelling unit in such building shall not be included in the measurement of habitable dwelling space.
[Amended 12-14-1987 by L.L. No. 2-1987]
A mobile dwelling shall be a special permitted use as a temporary dwelling in all residential zones outside of the RMH Zone, provided that they meet the lot size, minimum habitable dwelling area and other requirements of the district and the following regulations:
A. 
A renewable twelve-month permit shall be required upon application to the Code Enforcement Officer and payment of a fee in such amount as the Board of Trustees may establish from time to time by resolution at a regular meeting thereof. Said schedule of rates and charges shall be posted in the office of the Village Clerk and shall be in effect 30 days after adoption of the resolution.
B. 
The mobile dwelling shall be the primary dwelling unit on a conforming lot or, if secondary, not for the production of income.
C. 
All utilities and other residential facilities shall be properly installed and connected.
D. 
The area shall be well drained and have such grades and soil as to make it suitable for the purpose intended.
E. 
Each mobile home site shall be provided with a four-inch concrete slab or stone paving on a stable base at least 10 feet by 18 feet in size for use as a terrace and so located as to be adjacent and parallel to the mobile home.
F. 
A skirt or other screening and foundation shall be provided around the base of the mobile home.
G. 
Gas and oil storage facilities shall be underground or in inconspicuous shelters.
[Added 12-14-1987 by L.L. No. 2-1987]
Accessory apartments shall be permitted in an owner-occupied residential dwelling by a member of the same family in any dwelling located within the residential zoned district within the Village of Chester, with the result that there may be two distinct living units in a residential dwelling that may have been originally designed, built and occupied as a single-family residential unit as defined in the Zoning Law of the Village of Chester.
[Added 12-14-1987 by L.L. No. 2-1987]
An accessory apartment shall not receive either a certificate of occupancy or site plan approval as provided for in the Zoning Law of the Village of Chester unless:
A. 
The apartment should be located within an owner-occupied single-family dwelling and occupied by members of the same family.
B. 
The apartment shall have at least 450 square feet of habitable floor area which shall not exceed 50% of the habitable floor area of the entire dwelling.
C. 
The apartment shall be served by one off-street parking space in addition to the required number of off-street parking spaces for the single-family residential dwelling.
D. 
The apartment shall be served by the facilities of the Orange County Sewer District No. 1 or similar municipally operated sewer systems.
E. 
It shall also be served by a municipally maintained water system.
F. 
Only one apartment will be created within a single-family dwelling.
G. 
The owner(s) of the single-family dwelling in which the accessory unit is created shall occupy at least one of the dwelling units on the premises, except for bona fide temporary absences.
H. 
The dwelling shall have only one front entrance and only one entrance from any other facade of the structure. An entrance leading to the foyer with entrances leading from the foyer to each of the dwelling units will be acceptable.
I. 
The design and size of the apartment conforms to all applicable standards in health, building and other codes.
J. 
The installation of the details shown upon the site plan as approved shall be a condition of the issuance of this certificate of occupancy and the failure to install such or the removal of said details shall be grounds for revocation of the certificate of occupancy issued for said accessory apartment.
K. 
The certificate of occupancy issued for an accessory apartment shall be valid for a period of two years from the date of issuance.
L. 
Notwithstanding a certificate of occupancy therefor, the right to maintain or occupy an accessory apartment shall be automatically terminated upon the happening of any of the following events:
(1) 
Sale of the real property, conveyance of the property by means of a contract of sale over a period of time which anticipates a transfer of title in fee simple or a lease for a period of three or more years.
(2) 
Occupancy by the owner of the dwelling at another residency for four months or more.
(3) 
A material change in the elements of the approved site plan or building construction plans.
[Added 12-14-1987 by L.L. No. 2-1987]
A. 
The certificate of occupancy issued for any accessory apartment shall be valid for a period of two years from the date of its issuance. The Code Enforcement Officer shall not issue a renewal of such certificate of occupancy if any material element of either the site plan, construction plan or structural plan shall have changed since the original certificate of occupancy issued. In such event, the Code Enforcement Officer shall treat the accessory apartment as if no certificate of occupancy had existed and shall require such additional site, construction and structural plans and specifications as may be necessary for the qualification of such an accessory apartment under provisions of the Zoning Law of the Village of Chester.
B. 
A new owner who occupies the dwelling shall have the right to maintain the accessory apartment notwithstanding any language to the contrary, provided that he shall have applied for a certificate of occupancy to maintain the accessory apartment within one month of the purchase of the dwelling by him or her.
C. 
Accessory apartments in owner-occupied single-family dwellings will only be permitted in residential zoning districts of the Village of Chester. No office, retail, service, commercial or home-occupation use shall be permitted on the premises or within the structure containing the accessory apartment. The resident structure which existed as of the effective date of the issuance of the certificate of occupancy should not be expanded by more than 10% of its area on the exterior in order to accommodate the accessory apartment.
[Added 12-14-1987 by L.L. No. 2-1987]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
SATELLITE EARTH STATION ANTENNA
A dish antenna or similar device designed to receive electromagnetic or microwave signals from satellites or earth sources.
B. 
Permit required; fee. No satellite earth station antenna, including its mount, shall be built, erected or modified until a building permit is issued by the Code Enforcement Officer. Any person, including corporations, partnerships, associations or any other legal entity, applying for such a permit shall furnish to the Code Enforcement Officer such plans, drawings and specifications as the Code Enforcement Officer may reasonably require as to the satellite earth station antenna to be constructed, erected or modified, and shall pay a fee in the amount required by Chapter 47 of the Code at the time of said application. Said fee shall be increased or decreased as the Village Board of Trustees may establish from time to time by resolution of the Board of Trustees at a regular or special meeting thereof. The amended fee shall be posted in the office of the Village Clerk and shall be in effect 30 days after adoption of the resolution.
C. 
Design and performance standards.
(1) 
All satellite earth station antennas shall be deemed "accessory buildings," as said term is defined in the Zoning Law of the Village of Chester.
(2) 
All satellite earth station antennas shall be located only to the rear of the principal building or structure on the lot and, notwithstanding other provisions in the Zoning Law to the contrary, shall not be located any nearer to any property line than permitted for a principal building in the district within which it is located.
(3) 
A satellite earth station antenna shall not exceed 15 feet in height. A satellite earth station antenna may only exceed 15 feet in height upon obtaining a special use permit from the Planning Board pursuant to Article V of Chapter 98.
(4) 
The location and design of the satellite earth station antenna shall reduce to a minimum visual impact, nuisance and distractive influence on surrounding properties through the use of structures, architectural features, earth berms and/or landscaping that harmonizes with the elements and characteristics of the property.
(5) 
Such satellite earth station antenna must be properly colored so as to conform to the surrounding area, and such antennas are prohibited from being located in the front yard.
(6) 
No such satellite earth station antenna shall be installed on or above any building or structure, but shall be freestanding.
(7) 
All satellite earth station antennas shall be reasonably screened to minimize the view of the antenna from public thoroughfares and the ground level of adjacent properties. Such screening shall be approved by the Code Enforcement Officer and shall be subject to the requirements of § 98-14, entitled "Fences and walls." All screening shall be maintained as originally approved. If the screening is not so maintained, any building permit granted in connection with the satellite earth station antenna is subject to revocation by the Code Enforcement Officer.