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;
[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.
[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
|
|
[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.