A. 
No building shall be erected, moved, altered, rebuilt or enlarged nor shall any land, water or building be used, designed or arranged to be used for any purpose except in conformity with this chapter.
B. 
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection and promotion of the public health, safety, morals, comfort, convenience and general welfare. This chapter shall not be deemed to affect in any manner whatsoever any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land or upon the erection, construction, establishment, moving, alteration or enlargement of buildings than is imposed by other ordinances, rules, regulations, licenses, certificates or other authorizations or by easements or covenants or agreements, the provisions of this chapter shall prevail.
C. 
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following regulations.
A. 
Lot for every building. Every building hereafter erected shall be located on a lot as herein defined, and, except as herein provided, there shall be not more than one main building and its accessory buildings on one lot.
B. 
Yard and open space for every building. No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other building. No yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot.
C. 
Subdivision of a lot. Where a lot is formed hereafter from the part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection, alteration or use of a building on the new lot thus created unless it complies with all the provisions of this chapter.
D. 
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how the requirements of this chapter shall be applied.
E. 
Lots under water or subject to flooding. No more than 10% of the minimum area requirement of a lot may be fulfilled by land which is under water or subject to periodic flooding. Land which is under water that is open to use by persons other than the owner of the lot shall be excluded entirely from the computation of the minimum area of that lot. For the purposes of this subsection, land in the bed of a stream not exceeding five feet in width at mean water level and land in any pond not exceeding 150 square feet in area shall not be considered as under water.
F. 
Required street frontage. No building permit shall be issued for any structure unless the lot upon which that structure is to be built has the required frontage of at least 50 feet on a street or highway as defined in § 179-o of the Village Law,[1] which street or highway shall have been suitably improved or a bond posted therefor to the satisfaction of the Village Board or Planning Board as provided in the Village Law.
[1]
Editor's Note: See now § 7-736 of the Village Law.
G. 
New buildings on lots less than the minimum area. A building permit may be issued for the erection, alteration or use of a building on a lot or parcel for which a valid conveyance has been recorded prior to the adoption of this chapter notwithstanding that the area of such lot or parcel is less than that required for the district in which such parcel or lot lies, provided that all yard setbacks and other requirements which are in effect at the time of the obtaining of the building permit are complied with, insofar as such is feasible, and provided that the owner of such a lot or parcel does not own other lots or parcels contiguous thereto. If this is the case, such other lots or parcels, or so much thereof as might be necessary, shall be combined with the original lot or parcel to make a single conforming lot or parcel, whereupon a building permit may be issued, but only for such combined lots or parcels even though their total is less in area than required by this chapter for the district in which they lie.
A. 
Porches. No porch may project into any required yard. Any two-story or any enclosed porch, or one having a roof and capable of being enclosed, shall be considered a part of the building in determining the yard requirements or amount of lot coverage.
B. 
Projecting horizontal architectural features. Architectural features, such as windowsills, belt courses, chimneys, cornices, eaves or bay windows, shall not project more than three feet into any required yard. The sum of any bay window projections on any wall shall not exceed 1/4 the length of any said wall.
C. 
Fire escapes. Open fire escapes may extend into any required yard not more than six feet.
D. 
Walls and fences.
[Amended 4-5-1988 by L.L. No. 1-1988]
(1) 
The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall nor to prohibit any fence or wall, provided that no fence or wall shall exceed 61/2 feet in height, measured above the original grade, or the modified grade as shown on a duly approved site plan, prior to construction or erection of the wall or fence.
(2) 
No wall or fence shall be constructed or erected until a building permit for such structure is issued in accordance with Article V and the proposed structure has received site plan and architectural approval in accordance with § 175-15 of this article. Site plan and architectural review shall specifically address, but is not limited to, height, width, design, style, location and materials of any proposed wall or fence. Fence materials or designs that create or pose a danger to humans or wildlife are prohibited.
[Amended 1-22-2019 by L.L. No. 1-2019]
E. 
Corner lots. On a corner lot there shall be provided a side yard on the side street equal in depth to the required front yard on said lot.
F. 
Visibility at intersections. On a corner lot no fence, wall, hedge or other structure or planting more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 30 feet distant from the point of intersection measured along said street lines. The height of three feet shall be measured above the road surface at the nearest edge of road traveled way. This subsection shall not apply to existing trees, provided that no branches are closer than six feet to the ground.
G. 
Projecting features above the roof level. The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not used for human occupancy nor to chimneys, ventilators, skylights, water tanks, bulkheads, or similar features and necessary mechanical appurtenances usually carried above the roof level of the building to which attached. These features, however, shall be erected only to a height necessary to accomplish the purpose they are intended to serve. The total area covered by such features shall not exceed 15% of the area of the roof on which they are located, and in the case of communication receiving antennas they shall not exceed 30 feet in height above the roof level.
[1]
Editor's Note: Original Sec. 412.01, Terraces, which appeared at the beginning of this section, was deleted 11-23-1999 by L.L. No. 1-1999.
No dwelling unit created subsequent to the adoption of this chapter shall have a habitable floor area of less than that required in § 175-18. Such habitable floor area shall include all floor area used for human occupancy within the exterior walls of the buildings but shall not include open porches or breezeways, basements, uninhabitable or unfinished attic space or space with a headroom of less than seven feet six inches. No private college, university or school shall have a usable floor area less than that set forth in Subsection 12 of § 175-18 hereof.
[Added 9-11-1985 by L.L. No. 2-1985]
A. 
No accessory dwelling shall hereafter be erected, created or enlarged and no existing structure shall hereafter be converted into an accessory dwelling.
B. 
An accessory dwelling legally existing prior to September 11, 1985, may be rented or occupied by persons other than bona fide domestic employees provided the lot on which it is located has additional area so as to allocate to the principal dwelling and every accessory dwelling the minimum lot area for each dwelling as required for the district in which the lot is located.
C. 
Existing accessory dwellings not complying with the provisions of Subsection B above shall not be rented and shall be occupied only by bona fide domestic employees and their immediate families, including, without limitation, gardeners, chauffeurs and caretakers regularly employed in the principal building or on the premises by the occupant of such principal building, provided that such work or employment constitutes the employee's principal occupation at all times during such period of occupancy, and an immediate family member of the occupant of the principal building and his spouse and children. An immediate family member shall only include a parent, grandparent, spouse, child, sibling, grandchild and great grandchildren.
[Amended 11-14-2001 by L.L. No. 2-2001]
[Added 9-11-1985 by L.L. No. 2-1985; amended 7-23-1996 by L.L. No. 1-1996]
A. 
Purpose and legislative findings.
(1) 
Purpose. It is the purpose of this section to provide for architectural review of new construction and alterations, renovations and additions to existing construction in the Village, along with the impact said construction will have on the property site and surrounding community. This review was adopted to preserve, maintain and encourage the rich architectural heritage and history of the Village. The guidelines and procedures in this review will assist property owners to construct and maintain their homes and accessory structures respecting the Village's environment and its unique character and rural quality, while permitting the reasonable use of their property.
(a) 
The goal of this section is the harmonious blending of new construction and growth with the retention of the underlying architectural harmony and diverse historic and traditional styles of the Village, to promote the general welfare of the community and preserve real estate property values.
(b) 
Since Cove Neck is the home for Sagamore Hill, the residence of President Theodore Roosevelt while in office as the 26th President of the United States, and since it is an extremely important international historic site and since the area of the residence and grounds is a major portion of the Village, it is the purpose of this section to preserve the historic character surrounding this valuable pristine national treasure. It is the purpose of this section to ensure that new construction in the Village is of the same historic and traditional character as existed at the time Sagamore Hill was constructed.
(2) 
Legislative findings. In furtherance of the above purpose the Village Board of Trustees makes the following findings:
(a) 
The encouragement of building design, architectural features and construction details that possess the common character and spirit of the historic and traditional heritage of the Village is in consonance with the Village community.
(b) 
In order to accomplish the objectives of this section, the review process will not only consider building design but other elements the Board deems appropriate, including the impact of the new construction to the property site and to existing neighboring structures and the community as a whole.
(c) 
Building design, architectural features, stylistic forms and construction details which are visually distasteful, inappropriate, or disruptive or exhibit excessive similarity or dissimilarity in relation to the property site, the existing neighboring structures or the community are incompatible with and not in consonance with the traditional and historic character of the Village and surrounding community.
(d) 
The fostering of excellence and resourcefulness in building design, aesthetics, and appearances which are appropriate to the site and the traditional and historic surrounding community will promote the health, safety and welfare of the community.
B. 
Establishment of a Site and Architectural Review Board.
(1) 
There is created a Site and Architectural Review Board which will consist of three members and one alternate member.
(2) 
The members and alternate member will be appointed by the Mayor, subject to the consent of the Board of Trustees. The term of office of each member will be for a three-year term and staggered, except that for the initial appointments, one member will be appointed for a three-year term, one member will be appointed for a two-year term, and one member will be appointed for a one-year term. The alternate member will be appointed for a one-year term or such term that the Board of Trustees deems appropriate. Thereafter, upon expiration of each member's term, the member will be appointed for a three-year term.
(3) 
A member of the Site and Architectural Review Board may also simultaneously serve as a member of the Planning Board. The alternate member may attend all functions of the Board and may serve and vote in all matters in the absence of any member.
(4) 
The Board of Trustees will have the power to remove any member of the Board for cause prior to the expiration of his term. Vacancies will be filled by the Mayor for the unexpired term.
(5) 
The Mayor will appoint a Chairman for a term of not to exceed three years.
(6) 
The Board of Trustees may designate or retain one or more architects, engineers, designers or technically skilled individuals to advise and participate in the Site and Architectural Review Board proceedings, including review of plans and deliberations. The designated technical advisor will not vote in regard to any application, unless he is an appointed member of the Board.
(7) 
The Board of Trustees, after a public hearing, may adopt, amend, or repeal rules, regulations, design standards, procedures and fees that are necessary and reasonable for the implementation, interpretation, administration and enforcement of the provisions of this section. The action of the Board of Trustees will be deemed effective upon filing with the Village Clerk.
(8) 
Until such time as the Site and Architectural Review Board has been fully appointed and constituted, all powers granted hereunder and all the functions and duties to be performed pursuant to the provisions of this section will be vested in a representative of the Planning Board or such other individual designated by the Board of Trustees.
C. 
Meetings of the Board. Meetings of the Site and Architectural Review Board will be held at the call of the Chairman and at such other times as the Board will determine. The meetings of the Board will be open to the public. Two members of the Board, including the alternate member, will constitute a quorum for the transaction of business. The Board will keep minutes of its proceedings, and the vote of each member which will be filed with the Village Clerk. All decisions of the Site and Architectural Review Board will be filed in the office of the Village Clerk and will be a public record.
D. 
Jurisdiction and referral procedures.
(1) 
Jurisdiction.
(a) 
The provisions of this section that require review and approval of the Site and Architectural Review Board will apply to the following construction, provided a building permit or a permit under Chapter 60, Excavation, Filling and Topsoil Removal, of this Code is required:
[1] 
Construction of a single-family residence and any accessory building;
[2] 
Alteration, addition, renovation and modification to a single-family dwelling or an accessory building;
[3] 
Grading, earth removal or other activities to property that require a permit under Chapter 60 of this Code;
[4] 
Fencing and retaining or decorative walls;
[5] 
Structures exceeding six feet in height or with greater than 60 square feet in linear area;
[6] 
Mailboxes;
[7] 
Satellite dishes;
[8] 
Outdoor lighting; and
[9] 
Construction of alternative energy equipment facilities and structures relating thereto and alterations, additions or modifications to existing alternative energy equipment facilities and structures relating thereto. Alternative energy shall include but not be limited to solar, wind, geothermal, biofuel and other renewable energy sources.
[Added 4-12-2011 by L.L. No. 4-2011]
(b) 
For the purposes of this section, the definition of accessory building in § 175-4 will control and includes, but is not limited to, a swimming pool, cabana, tennis court, stable, garage, greenhouse, and storage shed.
(2) 
Referral procedures. An applicant for a building permit shall file with the Building Inspector the required building permit application on the prescribed forms with the appropriate fee and the required accompanying plans and supporting documents for the proposed construction in accordance with the adopted rules and regulations of the Village.
(3) 
After determining that the application and supporting plans are complete and in proper form and the required fee paid, the Building Inspector, within seven days of such determination, will refer the application to the Site and Architectural Review Board for its consideration. The Site and Architectural Review Board will meet and review the matter within 30 business days from the referral of a Building Inspector of a completed application. The Site and Architectural Review Board will render a decision within 60 business days from this referral either approving, disapproving or approving with modifications.
(4) 
The Architectural Site and Review Board may require changes or modifications in building and site plans as a condition of approval and require adherence to the plans as a condition to the issuance of the building permit.
(5) 
No building permit will be issued by the Building Inspector unless the construction has been approved by the Site and Architectural Review Board.
(6) 
If 60 business days have passed since a completed application has been duly referred to the Board and the Board has not acted on the application, the Building Inspector is authorized to issue a building permit, provided the application conforms to all other provisions of applicable local laws and ordinances.
(7) 
The Building Inspector shall not issue a building permit for construction that has been approved by the Board unless the plans for such construction have been changed to embody all modifications in design, appearance or location that the Board imposed as a condition of approval.
(8) 
A preliminary conference may be held between the Board and the applicant prior to the preparation and submission of a formal application. The purpose of such a conference is to enable the applicant to inform the Board of his proposal and to allow an informal opportunity to review preliminary design concepts, construction details, siting problems and other concerns or issues before a formal submission.
E. 
Standards for Board action.
(1) 
In reviewing each application, the Board will take into consideration the traditional concepts of building design of proportion, scale, balance, rhythm, similarity, dissimilarity and order and determine whether the proposed construction meets the purposes and objectives of this section as defined by the below standards.
(a) 
Scale is a measure of the relative or apparent size of a building or any architectural element in relation to the dimensions of the human body. The scale of a building is important to determine whether the construction is compatible with its setting and adjacent buildings. A stark contrast of scale between adjacent buildings is visually disruptive, while a similarity and consistent scale provide a fundamental relatedness. Traditional scale shall be encouraged. Scale should also be considered to be space between buildings, natural setting, and existing and proposed landscaping, all of which should accentuate the rural aspects of the Village.
(b) 
Proportion is the relation of one dimension of an element to another. The overall object of considering proportion is to achieve the creation of visual architectural order through the coordination or repetition of traditional design. Visual chaos caused by the combination of many different or unrelated shapes is to be discouraged.
(c) 
Balance is the weighing of the visual elements of the building design to achieve a traditional symmetry or an asymmetrical dynamic balance that is in keeping with the character of existing improvements and surrounding structures.
(d) 
Rhythm is the visual movement of the regular recurrence of the building elements in alternation with opposite or different building elements. Designs should encourage a traditional rhythm that creates interest and not one of monotonous repetition.
(e) 
Order is the visual relationship between the parts of a building and their combination to form a unified design concept. Order should be encouraged to create a skillful and pleasing variation of the architectural emphasis and size.
(2) 
The insertion of new construction and an addition or alteration into an established community will emphasize a design that strengthens the physical and visual harmony to achieve a sense of order and compatibility. Building design that does not relate to the surrounding neighboring buildings or the existing elements of the natural terrain of the Village is to be discouraged.
(3) 
Adherence to the above design principals will preserve the rural character of the Village; ensure that all new buildings and structures are compatible with the buildings and structures located on adjacent property and in harmony with the Village; encourage new buildings and structures that reflect in quality design the traditions and historic character of the Village; and foster a relatedness of character and sense of place among all new buildings based on historic and traditional forms.
(4) 
The Board may approve, or approve subject to modifications, any application referred to it upon the Board's finding that the construction is in accordance with the approved plan and is in harmony with the intent of this section.
F. 
Appeals. Any person aggrieved by any action of the Board may request, within 30 days of the filing of the Board's decision, formal written findings of fact. In the event of such a request, the Board shall make such findings of fact within 30 business days after the request is filed with the Village Clerk. The decision of the Board may be appealed to the Board of Zoning Appeals of the Village of Cove Neck in accordance with its rules within 30 days after the filing in the office of the Village Clerk of the decision of the Board and the formal written findings of fact.
G. 
Fees. The Board of Trustees may fix and provide for a filing fee and such other fees to defer or pay for all necessary and reasonable cost or expenses involved in reviewing each application, including compensation to professionals providing technical advisory services to the Board.
A. 
The following schedules of regulations list and define the use of land and buildings, the height of buildings, the yards and other open space to be provided in connection with buildings, the area of lots, and other matters.
B. 
Only those uses listed for each district as being permitted shall be permitted. A use not listed specifically or by reference as being permitted in a district shall be deemed a nonpermitted use in that district.
A. 
Permitted principal uses.
(1) 
Detached single-family dwelling.
(2) 
Church for public worship and other strictly religious uses and in accordance with the discipline, rules and usages of the religious corporation which will own, support and maintain such church and the ecclesiastical governing body, if any, to which such corporation is subject, the membership of which church shall be at least partially composed of Village inhabitants, said use to be subject to the applicable standards and requirements set forth in § 175-19A to I, inclusive, and § 175-20B hereof. Such use shall include accessory uses on the same lot and customarily incidental and subordinate to such use as a church.
(3) 
Pumping, storage, sale and distribution of water, including water towers when approved by and made subject to conditions imposed by the Board of Trustees after written application thereto and the issuance of a permit.
(4) 
Indoor tennis court nonprofit club with respect to a tennis court building in existence at the time of the enactment of this chapter.
(5) 
Public primary and secondary schools and other schools conducted by trustees of school districts under the Education Law with customary accessory use.
(6) 
State universities, colleges and schools and community colleges, with customary accessory uses, conducted in accordance with the provisions of the Education Law.
(7) 
Private colleges and universities, chartered by the Regents of the University of the State of New York or by special act of the Legislature, including accessory uses on the same lot and customarily incidental and subordinate to the main use, subject to the applicable standards and requirements set forth in § 175-19A to I, inclusive, and § 175-20A hereof.
(8) 
Private schools as hereinbefore defined, including accessory uses on the same lot and customarily incidental and subordinate to such use as a school, subject to the applicable standards and requirements set forth in § 175-19A to I, inclusive, and § 175-20A hereof. Such permitted private schools shall in no event be deemed to include any camp or day camp as hereinbefore defined, which said use is hereby expressly prohibited.
B. 
Permitted accessory uses; provided, however, that with respect to the uses enumerated in Subsection B(1) through (6) there shall be no display of produce, stock or merchandise visible from any street, and provided, further, that with respect to the uses enumerated in Subsection B(1), (2), (3), and (4) all building or structures shall be set back at least 75 feet from each boundary line of the lot and at least 100 feet from the street line.
[Amended 3-15-1990 by L.L. No. 2-1990; 7-13-2016 by L.L. No. 2-2016]
(1) 
Commercial agriculture, including berries, fruit and garden produce.
(2) 
Keeping of horses. One horse for each two acres of lot area is permitted. No person shall keep more than 10 horses on any one lot, unless a permit is issued by the Board of Trustees. The keeping of horses shall be subject to the following:
(a) 
All horses shall be owned by the resident occupant of the lot.
(b) 
The boarding or keeping of horses owned by persons other than the resident occupant is prohibited
(c) 
All grain and feed shall be kept in a rodent-proof metal container.
(d) 
Manure shall not be stored within 75 feet of any property line and shall be treated to prevent the attraction and harboring of rodents and creating an offensive odor. Manure storage areas shall be screened from neighboring properties.
(e) 
Corrals and paddocks shall be set back at least 25 feet from the rear and side boundary lines and 75 feet from the front boundary line.
(3) 
Poultry.
(4) 
Breeding of game, birds and horses.
(5) 
Horticulture, including noncommercial greenhouses, provided that no fertilizer is stored within 100 feet from any such boundary line unless kept in airtight storage.
(6) 
Oystering and clamming in the waters within the boundaries of the Village.
(7) 
The carrying on of a home occupation by a person residing in the dwelling unit in which such home occupation is carried on, provided that there is no display of goods or advertising visible from any street, that no assistant is employed and that no mechanical or electrical equipment is used except ordinary equipment and provided that the space so used does not occupy more than 1/4 of the total floor area of the dwelling unit and provided, further, that such home occupation is not carried on in any accessory building.
(8) 
Real estate activities of an owner or of his duly authorized agent in connection with his property within the Village.
(9) 
The office or studio of a physician, surgeon, architect, dentist, teacher, painter or sculptor, musician, financial manager, lawyer or engineer residing in the dwelling unit in which such office or studio is located, provided there is no display or advertising on the premises in connection with such use except for a professional nameplate not over one square foot in area, provided that said nameplate shall comply with the provisions of § 175-21 of this chapter, provided, also, that such studio or office does not occupy more space than the equivalent of 1/3 of the area of one floor of such dwelling and that such use is merely incidental to the use of such dwelling unit primarily for residential purposes; provided, however, that any such musician's studio is equipped and used in such a manner that sounds therefrom are not unduly annoying to other persons on nearby premises or public places, and provided, further, that no assistants, whether paid or not, may participate in such use, except that one assistant may be employed if the nature of the profession is such as to require an assistant, and provided, further, that no use shall be made of more than one building in connection with such professional use, and provided, further, that such professional use by the artist shall not be deemed to include the right to engage in wholesale or retail trade, as such term is ordinarily understood.
(10) 
Private tennis court or swimming pool provided such facilities conform to the side and rear yard requirements for a main building of the district in which located.
(11) 
Private garage for noncommercial passenger vehicles used by occupants of the premises and commercially licensed vehicles used for agricultural and horticultural purposes on the premises.
(12) 
A beach, boathouse, wharf, pier or private bathhouse, sea walls, retaining walls and jetties for the use of the owner of the residential lot on which located.
C. 
No use carried on as a business shall be permitted in any accessory building. The renting to a tenant of any accessory building alone and not in conjunction with the principal building or principal use shall constitute a prohibited business use.
[Amended 5-26-2004 by L.L. No. 2-2004]
Standards shown are minimum requirements unless otherwise indicated. Dimensions are in feet unless otherwise indicated.
R-4A
R-2A
1.
Lot area
4 acres
2 acres
2.
Street frontage
50
50
3.
Street frontage on circumference of cul-de-sac
90
90
4.
Lot width1
300
200
5.
Lot depth
300
250
6.
Front yard:2
Main building
75
60
Accessory building
100
80
7.
Side yard:
Main building
60
40
Accessory building
40
40
8.
Rear yard:
Main building
60
40
Accessory building
40
40
9.
Maximum height:3
Main building
35
35
Accessory building with roof having a pitch of six vertical over 12 horizontal or steeper
22
22
All other accessory buildings
15
15
10.
Habitable floor area per dwelling unit (square feet)
Principal dwelling:
1 story
2,000
1,200
1 1/2 stories
2,400
1,500
2 stories
2,800
1,800
Accessory building
900
900
11.
Maximum building coverage (all buildings)
15%
15%
12.
Usable minimum floor areas for churches, clubs classrooms in private colleges, universities and schools
25 square feet for each occupant as aforesaid of each of said buildings
NOTES:
1
Within any residence district, no part of any dwelling or other structure housing a main use, and no part of any residence structure, shall be erected on that part of a lot where the lot width is less than the minimum requirement for the district in which it is located. No part of a lot having a width less than 1/2 the minimum required width for the district may be counted as a part of the required minimum lot area.
2
On streets with less than a fifty-foot right-of-way, all buildings shall be set back a distance, measured from the center line of the existing roadway, of at least the required front yard plus 25 feet.
3
Except as provided in §§ 175-12G and 175-20B(2).
A. 
General provision.
(1) 
The uses for which conformance to additional standards is required by this chapter shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein in addition to all other requirements of this chapter.
(2) 
All uses listed as subject to additional standards are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case, and they shall conform to the following general requirements as well as the pertinent specific requirements.
B. 
General requirements for uses under § 175-20.
(1) 
The location and size of the use, the nature and intensity of the operation involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate and orderly development of the neighborhood in which it is proposed to be located and shall accord with and promote the purposes set forth in § 177 of the Village Law.[1]
[1]
Editor's Note: See now § 7-704 of the Village Law.
(2) 
The operation in connection with any such use shall not be more objectionable to nearby properties, by reason of noise, vibration, excessive light, smoke, gas, fumes, odor or other atmospheric pollutant, than would be the operation of any other permitted use in the same zoning district.
(3) 
The entrance and exit drives shall be laid out so that there is maximum safety for vehicular traffic and pedestrians.
(4) 
Buffer planting, walls and fences shall be required, where necessary, to protect adjoining residential properties. Such planting shall be specified in detail when a plan is approved.
(5) 
Exterior lighting shall be so installed and arranged as to reflect light away from adjoining streets and to prevent any nuisance to property in adjoining residence districts.[2]
[2]
Editor's Note: See also Ch. 90, Outdoor Lighting.
C. 
Application for a building or use permit; required map and plan. An application for a building or use permit involving a use subject to additional standards shall be made to the Building Inspector. An area map, showing the location of the property with respect to surrounding property, streets and other important features, and a plan for the proposed development shall be submitted with an application for a building or use permit. The plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, topography, special features, and any other pertinent information, including such information about neighboring properties as may be necessary to determine that the requirements of this chapter are met.
(1) 
Every application made pursuant to this section for a building or use permit shall contain and conform to the following regulations:
(a) 
The person, firm or corporation for whom or for which the use is intended shall be the owner or the contract vendee of the fee title of the lot or premises on which the use is sought at the time application is made.
(b) 
The application shall be in writing and shall be made and be verified by the fee owner of the lot or premises.
(c) 
The name and address of the owner.
(d) 
If a firm or corporation, the full name and residence of each member of the firm or that of the principal officer of the corporation, as the case may be.
(e) 
Land and tax map description and the area of the lot or premises.
(f) 
Description of existing structures and uses.
(g) 
Distance from public water supply.
(h) 
Statement of proposed use.
(i) 
Period of time for which the building or use permit is requested.
(j) 
Accompanying said verified application, which shall be construed as constituting a part thereof, shall be submitted:
[1] 
A site plan showing the location and uses of existing buildings, structures, facilities and open spaces on the lot or premises, including, but not limiting the foregoing, parking areas, sports and recreational areas, driveways, walks, means of water supply, buildings and structures on adjoining premises with 200 feet of the subject lot or premises, streets and highways and the width thereof abutting the subject lot or premises.
[2] 
A site plan showing all existing buildings and facilities to be retained and all future proposed buildings, structures, facilities, open spaces and their uses on the lot or premises, including, but not limiting the foregoing, parking areas, sports and recreational areas, driveways, walks, and landscaping. Dimensions and distances shall be set forth on the plan.
[3] 
A statement setting forth all present and proposed future uses of the buildings, structures and facilities.
[4] 
When buildings and structures are to be erected or altered, a certificate of the Building Inspector that an application has been filed for a building permit and that the plans, specifications and facilities comply with all laws, ordinances and regulations applicable to the intended use.
[5] 
Where no buildings or structures are to be erected, a certificate of the Building Inspector that an application has been filed for a use permit and that the existing buildings, structures and facilities comply with all laws, ordinances and regulations applicable to the intended use.
(k) 
No use of the lot or premises or buildings, structures or facilities thereon, nor the erection or alteration of any building, structure or facility other than as shown on the site plan and/or described in the statement approved by the Board of Appeals in the granting of a building or use permit, shall be made except on application to the Board of Appeals to amend said site plan and statement, and any amendment of said site plan and statement shall be acted upon in the same manner as an original application for a building or use permit under this section.
(2) 
The Board of Appeals, in authorizing the issuance of any building or use permit under this section, may provide that said permit shall be temporary and fix the term thereof. Any application for a renewal of a temporary permit shall be acted upon in the same manner as an original application.
D. 
Referral of application to Board of Appeals. Each application for a building or use permit involving a use subject to additional standards and requirements, together with the required map and plan, shall be referred to the Board of Appeals by the Building Inspector. No action shall be taken by the Building Inspector regarding the issuance of such permit applied for until the Board of Appeals has rendered its decision and order made thereon after public notice and hearing.
E. 
Board of Appeals report; considerations and scope. In making its decision and order, the Board of Appeals shall be subject to and bound by all the requirements and standards set forth in this chapter. Said decision and order shall state whether or not the specific and general standards and requirements have been met by the applicant and shall include appropriate and reasonable conditions and safeguards which the Board of Appeals itself deems necessary to impose in any case to assure continual conformance with all applicable requirements.
F. 
Action by Building Inspector. If the decision and order of the Board of Appeals indicate that all applicable requirements have been met and the Building Inspector has determined that all other applicable requirements and laws have been complied with, he shall issue the building or use permit for which application has been made, in accordance with Subsection B of this section. The Building Inspector may include such conditions and safeguards in the building or use permit and certificate of occupancy as have been imposed by the Board of Appeals in its decision and order. If the Board of Appeals shall make a finding in its decision that any of the applicable requirements have not been met, the Building Inspector shall consequently not issue the building or use permit for which the application has been made.
G. 
Expiration of building permits. A building or use permit issued for a use subject to additional standards shall be deemed to authorize only that particular use, and such permit shall be considered null and void if any other use shall be made or within one year from the date of issue all improvements required for said use are not completed, unless otherwise provided in the Building Inspector's approval of said use.
H. 
Revocation of building permits. A building or use permit issued for a use subject to additional standards may be revoked by the Building Inspector if it is found and determined that there has been a failure of compliance with any one of the terms, conditions, limitations and requirements imposed by said permit.
I. 
Existing violations. No building or use permit shall be issued for a use subject to additional standards for a property where there is an existing violation of this chapter.
A. 
Schools.
(1) 
Private primary or grade schools as defined herein. The lot for any such school shall have an area of at least 10 acres. Such lot shall have a frontage of at least 200 feet on a suitably improved public street. No such school shall be designed, erected, altered or used for more than 300 pupils.
(2) 
The lot for any parochial or private secondary, junior high or high school shall have an area of at least 15 acres, plus one acre for each 100 pupils, or major portion thereof, in excess of 250 pupils. Such lot shall have a frontage of at least 400 feet on a suitably improved public street. No private or parochial junior high or high school shall be designed, erected, altered, or used for more than 300 students.
(3) 
The lot for any parochial or private university or college shall have an area of at least 25 acres, plus five acres for each 100 pupils, or major portion thereof, in excess of 200 pupils. Such a lot shall have a frontage of at least 500 feet on a suitably improved public street. No private or parochial university or college shall be designed, erected, altered or used for more than 500 pupils.
(4) 
All buildings shall be located at least 200 feet from street lines and at least 100 feet from all other property lines. Grandstands, gymnasiums, central heating plants, and similar buildings shall be set back at least 200 feet from all property lines. The distance between buildings shall be at least twice the height of the taller building. Total coverage of the site by all buildings shall be limited to 20%. Dormitories and single-family dwellings shall be permitted as accessory buildings, provided that the minimum area of the lot shall be increased by at least 1,000 square feet for each dormitory bed and by at least the minimum lot area of the applicable zoning district for each single-family dwelling. Use of such dormitories or dwellings shall be limited exclusively to students, teachers or other members of the staff of the school or college, and a dormitory or dwelling shall not subsequently be sold or rented as a private residence or for any other legal use, unless the building and any required lot surrounding it shall meet all regulations of the district in which it is located.
(5) 
One off-street parking space shall be provided for each teacher or other member of any private school or university or college staff and one additional space for each five students. For auditoriums, gymnasiums, grandstands and other gathering places, one off-street parking space shall be provided for each three seats.
(6) 
A school site shall contain suitably designed and improved outdoor playground or play field areas of the following size:
School
Minimum Playground Size
Minimum Area of Playground per 100 Students
Primary
3 acres
Junior or senior high (secondary)
5 acres
1.5 acres
College or university
5 acres
2 acres
(7) 
Such playgrounds or play fields shall be located no closer than 150 feet to any property line.
B. 
Churches as referred to in § 175-17A(2).
(1) 
Building area. All buildings, including accessory buildings, shall not cover more than 10% of the area of the lot.
(2) 
Height. The height of any principal building shall not exceed 25 feet. The height of any accessory building shall not exceed 20 feet, except an accessory building may be 25 feet in height provided that it shall be a distance of at least 100 feet from the main building.
(3) 
Yards. Each lot shall have front, side and rear yards not less than the depths and width following:
(a) 
Front yard depth: 110 feet.
(b) 
Side yard width: each 50 feet for a one-story principal building; each 70 feet for a two- or more story building; however, when a side yard abuts a street line the width shall be 110 feet.
(c) 
Rear yard depth: 50 feet for a one-story principal building; 70 feet for a two-story principal building.
(4) 
Parking area. Off-street parking on the lot shall be provided in a paved area equal in area to one times the area of the buildings. Such parking area may extend into the side and rear yards but shall be distant not less than 30 feet from any lot line and 20 feet from any street line.
(5) 
Screen. Where a parking area abuts a property line a screen of evergreen shrubs four feet in height and 20 feet in width shall be installed along said lines.
(6) 
Marginal roadway. A marginal roadway 50 feet in width in the front yard and in any side yard abutting a street shall be provided. Said marginal roadway shall extend from the road or street line into the front and side yard and shall be separated from the street by a mall 10 feet in width. No more than two openings in the mall for access shall be made on any one street. The mall shall be curbed, the pavement in the roadway shall be 30 feet in width, and a sidewalk four feet in width shall be constructed along the inner side of the marginal roadway. All work and construction hereinabove set forth shall be in accordance with Village specifications and regulations.
[Amended 9-24-2009 by L.L. No. 2-2009]
A. 
Real estate signs.
(1) 
No real estate sign shall be permitted within the Village without a current valid permit and must be maintained in accordance with the provisions herein.
(a) 
Only one real estate sign shall be permitted on each property within the Village that is being offered for sale.
(b) 
Sign shall be rectangular in shape, no larger than one foot high and two feet wide in size, and no higher than six feet from grade. No sign may be affixed to a tree.
(c) 
Only "For Sale" may appear on the sign. The word "Realtor" and the realtor's telephone number may appear, provided that the homeowner has listed the property with a licensed real estate broker. The sign shall only have a white background with black letters or numerals. No other words, symbols, numerals, images, names, colors, designs or borders shall be permitted.
(d) 
The sign shall be located within the boundaries of the property for sale and not within the public roadway, shoulder of the road or within any right-of-way in the Village.
(e) 
No ancillary or additional signs, balloons, bows, ribbons, advertising, leaflets, or other attachments may be attached to the sign or post. The sign may not be illuminated in any manner.
(2) 
Procedures.
(a) 
The Building Inspector shall issue a permit for erection of a real estate sign upon submission of a completed application with location of sign noted on survey and payment of the applicable fee.
(b) 
The permit shall be effective for 120 days from the date of issuance and may be renewed for an additional 90 days upon the payment of the renewal fee.
(c) 
If a sign permit application is made by any person other than the record owner of the premises, the application shall be consented to by the owner.
(d) 
The sign permit fee shall be fixed from time to time, by resolution of the Board of Trustees.
(e) 
The permit shall terminate and expire upon the execution of a contract of sale, the termination of a listing agreement with a real estate broker, or upon the expiration of the permit, whichever occurs earliest. The sign must be removed within 24 hours after termination or expiration of the permit.
(3) 
Open house signs. Only one sign announcing a bona fide "open house" shall be permitted on the owner's property and may displayed only during the limited hours of a bona fide open house, but in no event longer than six hours. No open house signs shall be displayed or permitted on any roadway, shoulder of the road or within any right-of-way in the Village.
B. 
Advertising signs. No advertising signs shall be permitted in the Village, unless authorized by the Board of Trustees.
C. 
Announcement signs. Only two announcement signs that are visible from the street shall be permitted to be maintained per property, or per driveway, if there is more than one driveway servicing the property. Each announcement sign shall not exceed four square feet in size. Announcement signs shall only contain information relevant to the property location, ownership, or identity of the occupant, no additional information shall be permitted.
D. 
Real estate development signs. Real estate development signs are permitted only when authorized and approved by the Planning Board. The Planning Board may limit the number of signs and restrict the individual sign's size, location, wording and style, including materials.
E. 
Sagamore Hill National Historic Site. The provisions of § 175-21A through D shall not apply to or be deemed to restrict or prohibit the lawful posting of signs by the United States Government at the Sagamore Hill National Historic Site.
A. 
Continuing existing uses. Except as otherwise provided in this section, the lawfully permitted use of land or buildings existing at the time of the adoption of this chapter may be continued although such use does not conform to the standards specified in this chapter for the district in which such land or building is located. Said uses shall be deemed nonconforming uses.
B. 
Nonconforming use of land. Where no building is involved, the nonconforming use of land may be continued; provided, however, that no such nonconforming use shall be enlarged or increased, nor shall it be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this chapter, unless specifically allowed by other provisions in this chapter, nor shall any such nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this chapter, provided, further, that if such nonconforming use of land, or any portion thereof, ceases for any reason for any continuous period of more than six months, or is changed to a conforming use, any future use of the land shall be in conformity with the provisions of this chapter. No nonconforming use of land shall be changed to another nonconforming use.
C. 
Nonconforming use of buildings.
(1) 
A building or structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged or extended unless the use therein is changed to a conforming use.
(2) 
Such nonconforming building shall not be structurally altered to an extent greater than 50% of its actual value as determined by the County Board of Assessors, unless such alterations are required by law; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in sound condition shall be permitted, and provided further that any such nonconforming use may be extended throughout any parts of the building which were manifestly arranged or designed for such use at the time of the adoption of this chapter.
(3) 
A nonconforming use of a building may be changed only to a conforming use.
(4) 
If any nonconforming use of a building ceases for any reason for a continuous period of more than six months or is changed to a conforming use, or if the building in or on which such use is conducted or maintained is moved for any distance whatever for any reason, then any future use of such building shall be in conformity with the standards specified by this chapter for the district in which such building is located.
(5) 
If any building in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building thereon shall be in conformity with the standards specified by this chapter for the district in which such land or building is located.
D. 
Nonconformity other than use. A building that is conforming in use but does not conform to the height, yard or land coverage requirements of this chapter shall not be considered to be nonconforming within the meaning of Subsection C. No permit shall be issued that will result in the increase of any nonconformity in height, yard space or land coverage.
E. 
Restoration of damaged buildings. If any building legally nonconforming in use shall be destroyed by any means, it may be repaired or reconstructed to the same size and on the same location, or at the location specified for new buildings in the district in which such use is located. All repairs or reconstruction for such nonconforming use shall be started within one year of the date on which the destruction occurred.
F. 
Nonconforming signs. Regardless of any other provisions of this chapter, every sign which, after the adoption of this chapter, may exist as a nonconforming use in any district shall be discontinued and removed or changed to conform to the standards of said district within a period of six months from the date of adoption of this chapter.