A. 
Uses in any district. In addition to the use regulations set forth in each district in Article III, the following general use regulations shall apply to all districts:
(1) 
Special restrictions on incompatible uses. Nothing in this chapter shall be construed to permit any use or occupancy that:
(a) 
Is or may reasonably be expected to be obnoxious or offensive by reason of causing or emitting dust, garbage, gas, noise or vibrations, odor, radiation, refuse matter, smoke or waterborne waste;
(b) 
Is dangerous or harmful to the health, safety, peace or comfort of the community;
(c) 
Tends to disturb or annoy residents of the Village;
(d) 
Tends to constitute a public or private nuisance by reason of unusual use or appearance which is disharmonious with the character of the neighborhood; or
(e) 
Involves any explosion menace or any serious fire hazard.
(2) 
Uses specifically prohibited. In addition to the prohibitions referred to in § 205-9H, the following uses shall be specifically prohibited in all districts:
(a) 
Abattoirs; agricultural or horticultural processing industries; and manufacturing or fabrication of products.
(b) 
Commercial uses, including but not limited to dairying, poultry raising/livestock raising, kennels and stables.
(c) 
Commercial farming, horticultural nursery, greenhouse, vineyards, cutting of native trees and sawing of timber, excavation of gravel, soil, sand and other mineral deposit and stripping of sod or topsoil.
(d) 
Commercial recreation, including polo field, riding club, hockey rink, tennis, racquet or health club, golf course and similar activities conducted as a business or available to the general public for a fee.
(e) 
Farms for the disposal of garbage or offal; places for the disposal of sewage or rubbish; hog ranches; pig and livestock feeding farms; and small animal and fur farms.
(f) 
Laboratory or experimental station, except as an incidental use on the same premises as a college to which such use is accessory.
(3) 
Mobile dwelling units. No mobile dwelling unit shall be used and occupied for overnight dwelling purposes while stored or parked in any district.
[Amended 5-15-2007 by L.L. No. 5-2007]
(4) 
Any other use not specifically permitted by this chapter shall be prohibited.
B. 
Building on lot. Each building or structure hereafter erected or altered shall be located on a lot as defined in Article II. In no case shall there be more than one principal use or one main building and its accessory building or buildings on one lot.
C. 
Street frontage. Each principal use, dwelling or other main building or structure hereafter erected or altered shall be located upon a lot so as to have unobstructed street frontage upon a street as defined in § 205-7.
D. 
Lawful easements. Nothing herein contained shall be construed to prohibit a lawful easement or the lawful extension of service lines of public utilities and municipal facilities from such easement, power line right-of-way or abutting street into the property to be served by such utilities or facilities, subject to the requirements of the definition of "lot area" in § 205-7.
A. 
Lot size. No lot or parcel of land on the effective date of this chapter shall be reduced in any manner below the minimum lot size required by this chapter. No nonconforming lot shall be reduced in any manner below its existing size and dimensions. The minimum lot areas required by this chapter shall be considered the minimum for each and every dwelling unit or main building devoted to a principal use existing at the effective date of this chapter and for any dwelling unit or other main building hereafter erected or altered.
B. 
Unobstructed yards. No required yard shall be diminished or maintained with lesser dimensions than those prescribed by this chapter. Every part of a required yard shall be open and unobstructed to the sky, except as provided in Subsection D.
C. 
Permanence of lot size and open space. No land required for yard, open space or lot area for a dwelling unit or for any other principal use, building or structure, whether existing or to be established in the future, in order to comply with the provisions of this chapter, shall be considered as a yard, open space or lot area for any other dwelling unit, building or structure, nor shall any yard, open space or lot area for a dwelling unit on an adjoining lot be considered as providing such yard, open space or lot area for a dwelling unit or any other building or structure on a lot upon which a building is to be erected.
[Amended 9-19-2000 by L.L. No. 1-2000]
D. 
Yard requirements and exceptions. Except as otherwise specifically provided by these regulations, no building or structure or part thereof shall extend or project into a yard required by this chapter.
(1) 
Projections. The following projections into required yards are permitted, provided that the maximum projection specified hereinbelow shall not be exceeded:
(a) 
Cornices, eaves, gutters and chimneys may project not more than 24 inches.
(b) 
Belt courses, sills, stormwater leaders and similar ornamental or structural features may project not more than one foot.
(c) 
Awnings serving a door or window may project not to exceed five feet.
(2) 
Other structures. Nothing herein shall be construed to prevent the construction and maintenance of access driveways, garden walks and similar at-grade accessory or appurtenant facilities nor of accessory subterranean facilities, such as a private sanitary system, in a required yard, provided that they are set back at least 10 feet from a boundary line.
E. 
In order to protect adjoining property owners and natural habitat, buffer areas shall be preserved on lots where new construction is proposed, and existing buffer areas shall be maintained on all lots.
[Added 1-26-2006 by L.L. No. 2-2006]
(1) 
The property owner may incorporate new plant materials in the buffer areas so long as the new plantings do not adversely affect the existing vegetation. However, no existing live tree or shrub of any size shall be removed from the buffer areas without first filing an application with and securing approval from the Architectural/Site Plan Commissioner (ASPC).
(2) 
No driveway shall be permitted in any buffer area.
(3) 
Only boundary line fences that have a transparency factor of at least 60% may be located in buffer areas, provided there is no unnecessary destruction of vegetation.
(4) 
The ASPC may approve modifications of buffer areas to improve visibility for vehicles.
A. 
Height inclusion and exception. The height limitations of this chapter set forth in § 205-10E shall not apply to the following structures:
(1) 
A spire, cupola, tower, pinnacle or similar structure serving as an architectural embellishment may exceed the height prescribed for the district in which it is located upon approval by the Board of Appeals.
(2) 
A chimney may be erected to a height not more than five feet higher than the maximum permitted height of a building.
(3) 
An accessory radio, television or other antenna, other than a satellite dish antenna, may be erected to a height not more than 10 feet in excess of the height prescribed by these regulations upon approval of the plans by the Building Inspector.
(4) 
Freestanding flagpoles which do not exceed 40 feet in height.
[Amended 7-27-1999 by L.L. No. 1-1999]
(5) 
Wireless telecommunication services facilities when such structures are otherwise permitted by approval of the Board of Appeals.
[Added 9-19-2000 by L.L. No. 1-2000]
B. 
Height of units of building. Whenever a building or structure or portion thereof is constructed on sloping ground or at different levels, the height of the building and of each such portion shall be measured from the mean natural grade surrounding each unit of building and measured vertically to the highest part of the building.
[Amended 7-27-1999 by L.L. No. 1-1999]
A. 
Accessory signs. A sign (as defined in Article II) located on a lot or land or on a building or structure for the purpose of identification or protection of the same or for directing attention to a use lawfully conducted on the premises shall be deemed to be accessory and incidental to such land, building or structure.
B. 
Signs requiring a sign permit. A sign greater than two square feet in area, and any illuminated sign before such sign is displayed or illuminated, except any sign listed in Subsections C and D below, shall not be placed on land or on a building unless the Board of Appeals, upon application and after public notice and hearing, grants approval for such sign and a sign permit is duly issued for the same by the Building Inspector. For the purpose of these regulations, "area" as applied to the size of a sign shall mean the maximum projected area of the oblong, parallelogram or other shape which encloses the sign structure, device or representation.
C. 
Signs requiring no permit. No permit shall be required for any of the following accessory signs which may be displayed in any district:
(1) 
A nonilluminated nameplate, which may have reflecting letters, bearing the name of the occupant or professional person residing on the premises, provided that such sign shall not exceed two square feet in area.
(2) 
One temporary sign pertaining to the sale or rental of land or property on which it is displayed, provided that such sign shall not exceed two square feet in area, shall not project beyond the required front yard setback line, shall not be illuminated and shall be removed within three days after the sale or rental of the land or property.
(3) 
A nonilluminated informational or directional sign or historic marker erected by a public agency and any similar sign located within a public park, playground or reservation and erected and maintained therein by the public agency having jurisdiction over such park, playground or reservation, provided that no such sign shall exceed 10 square feet in area, subject to approval of the Village Board of Trustees.
(4) 
Municipal signs necessary to the public welfare of the Village, after approval of the Village Board of Trustees, and official notices displayed at or under the direction of any public or court officer in the performance of his official duties, provided that such notices shall be removed not later than five days after their purpose is accomplished.
D. 
Sign application requirements.
(1) 
Written application for a sign permit shall be made, by the owner or his authorized agent, to the Building Inspector and shall be accompanied by plans and detailed information, including the sign's exact location on the building or land, its area and dimensions, methods and materials to be used in its construction and support and the precise manner of illumination, if any is proposed. The Building Inspector shall refer the application to the Board of Appeals for action pursuant to Subsection B.
(2) 
All signs shall be designed, installed and maintained in a safe condition, in accordance with the New York State Uniform Fire Prevention and Building Code and applicable ordinances of the Village.
[Amended 9-19-2000 by L.L. No. 1-2000]
(3) 
Any nonilluminated institutional sign or bulletin board erected upon the premises and maintained by a church, club, private institution or public agency shall not project beyond the building lines nor exceed 16 square feet in area.
(4) 
Not more than one sign shall be used for each use or activity coming within the provisions of this section, except as otherwise permitted herein.
(5) 
A nameplate or sign may be attached to the dwelling to which it is accessory or to a post, which may be located within the front yard, provided that such post shall not exceed four feet in height nor extend nearer than 10 feet to the street line. Any other type of permitted sign shall be attached to the building to which it is accessory, except as may otherwise be specifically approved by the Board of Appeals.
(6) 
Upon application, and after public notice and hearing, the Board of Appeals may approve, subject to such conditions as it may prescribe, a permitted sign on a freestanding structure or the nonflashing illumination of an institutional bulletin board or sign or of a municipal or public sign, provided that the Board finds that such freestanding sign or such illumination, as the case may be, is reasonably necessary for the public convenience and will not adversely affect the character of adjacent property, and provided that such illumination shall be by indirect lighting, with the source thereof so shielded as to prevent glare, and provided, further, that, except for a nameplate, no such sign shall be located beyond the building line.
E. 
Prohibited signs. The following signs shall be prohibited in all districts:
(1) 
Advertising sign, as defined in Article II, and any sign not specifically permitted hereinabove.
(2) 
Any sign or nameplate within the triangular area described in § 205-17B.
(3) 
Any sign of which all or any part is in motion by any means, including fluttering, rotating or other moving signs set in motion by movement of the atmosphere.
(4) 
A sign displaying flashing or intermittent lights or lights of changing degrees of intensity and illuminated tubing or strings of lights outlining roof lines, doors, windows or wall edges of any building.
(5) 
Any sign that interferes with or obscures a sign displayed by public authority for traffic instructions or direction or other public information.
(6) 
Any sign that produces or causes any direct glare into a street or into or upon any residence property or dwelling unit.
(7) 
Any business sign on a street or highway.
A. 
Uses. An accessory use, as defined in § 205-7, shall be subject to the following general regulations:
(1) 
Any accessory use shall be used, operated, occupied and maintained under the same ownership or by the same lessee as that of the principal permitted use on the premises to which it is accessory.
(2) 
Such accessory use shall not involve nor include any use, building, structure or structural feature inconsistent with the principal permitted use.
(3) 
No accessory use shall be permitted and no accessory building or structure shall be located on any lot or land prior to the time of the establishment of the principal use or of the construction of the main building to which it is accessory, as the case may be.
(4) 
Any artificial body of water shall be equipped with an effective aeration or filtration system to prevent unpleasant odors and a breeding place for mosquitoes and other undesirable insects.
[Added 12-21-1998 by L.L. No. 4-1998]
B. 
Keeping of animals and fowl for domestic purposes.
(1) 
Only occupants of a dwelling in any district shall be permitted to keep horses or livestock for their personal use, provided that there is compliance with the following standards and conditions:
(a) 
No such use shall be permitted on lots having an area of less than one acre.
(b) 
The number of horses and livestock and the number of stalls and structural facilities reasonably necessary for the shelter of the same permitted on each lot shall not exceed the following:
[1] 
For lots having at least two acres in area, two horses or livestock (in any aggregate combination) for the first acre of lot area plus one additional horse or livestock for each additional full acre of lot area.
[2] 
For lots having at least five acres in area, three horses or livestock (in any aggregate combination) for the first two acres of lot area plus one additional horse or livestock for each additional full acre of lot area, subject to the provisions of Subsection B(1)(h) below.
(c) 
Any such horses or livestock shall be owned in fact as well as in name solely by the resident occupants of the lot, who shall, upon written request of the Building Inspector, produce a sworn affidavit and other reasonable evidence of said ownership.
(d) 
The boarding or keeping of horses or livestock owned by persons other than those who are the residence occupants of any lot is strictly prohibited.
(e) 
All grain-type feed shall be kept in rodent-proof metal containers.
(f) 
Manure shall not be stored within 150 feet from any boundary line and shall be stored and treated in such a manner so that it shall not create any odor or attract or harbor any rodents, flies or other insects.
(g) 
The location of stables, barns and sheds used to shelter horses and livestock shall be subject to the setback requirements for accessory buildings as set forth in § 205-10E plus an additional 25 feet, except that any private riding ring, private paddock, corral or other roofless enclosure for horses and livestock and any unenclosed area for their unattended maintenance shall be located not less than 20 feet from any side or rear boundary line and 75 feet from any front boundary line.
(h) 
No person shall keep more than four horses or livestock on any one lot irrespective of its area in any district unless the same is authorized and approved by the Board of Appeals.
(2) 
Small animal pens and enclosures shall be adequately fenced to a height of at least six feet, and such pens and enclosures, as well as any other accessory building, structure or enclosure, used for the keeping of bees and other domestic animals shall be located at least 75 feet from the rear or side lot line and at least 100 feet from any street, except that a dog kennel housing five dogs or more shall be located at least 500 feet from any lot line.
(3) 
Conditions under which horses, cows, sheep or domestic fowl, birds and small animals are kept shall be such as may be specified or required by the County Department of Health or by other ordinances of the Village.
C. 
Fertilizers and compost. No compost shall be made or stored nor shall any fertilizer be stored within 100 feet of any lot line unless kept in an airtight storage container.
D. 
Accessory use limitations. No accessory use shall include a business, commercial or industrial use or activity, except as provided in § 205-8B(7) and (8).
E. 
Location of and restrictions on accessory uses, buildings, structures or facilities.
(1) 
No accessory use, building or structure shall be located within the applicable minimum yard prescribed by this chapter, except as may otherwise be approved by the Board of Appeals or as may otherwise be specifically provided herein.
(2) 
There shall be only one curb cut or driveway access to a lot.
(3) 
A driveway may be located within a required yard, provided that it is set back at least 10 feet from any side or rear lot line.
(4) 
Off-street parking areas shall not be located in a required front yard nor less than 10 feet from any lot line of a side or rear yard.
(5) 
Any uses or buildings accessory to parks or reservations may occupy in the aggregate an area which shall not exceed the maximum building cover permitted in the district.
(6) 
No tennis or other athletic court shall be illuminated by artificial lighting to facilitate its use, nor shall such courts be used before 8:00 a.m. or after 9:00 p.m.
(7) 
Buildings and structures accessory to parks or a reservation shall comply with all yard requirements of this chapter for a main building in the particular district in which they are located.
(8) 
Any existing freestanding aboveground electrical service meter structure which, prior to September 1, 2000, was improperly located in violation of the applicable minimum yard regulations may continue to remain in its existing location provided it is concealed from the street and adjacent properties by live evergreen planting, provided such planting is installed no later than May 31, 2001. The provisions of this subsection shall not apply to utility poles or overhead wires.
[Added 9-19-2000 by L.L. No. 1-2000]
(9) 
Any aboveground electrical, telephone or cable television apparatus or structure located within the right-of-way of a public or private street shall be concealed from view, to the extent practicable, by live evergreen planting by the owner of such apparatus or structure. Live evergreen planting for existing apparatus or structures shall be installed and maintained no later than September 1, 2001. The provisions of this subsection shall not apply to utility poles or overhead wires.
[Added 9-19-2000 by L.L. No. 1-2000]
A. 
Off-street facilities required. In all districts in which the types of buildings and uses specified hereinafter are permitted by this chapter, off-street parking and off-street loading facilities in connection with uses hereafter commenced or buildings hereafter erected or altered shall be provided in amounts not less than hereinafter specified.
B. 
Schedule of required off-street parking. The minimum amount of required number of off-street parking spaces by use classification is set forth in the following schedule:
Type of Building or Use
Number of Spaces Required
Single-family detached dwelling
2 per dwelling unit
Academic school (#)
2 per classroom plus 1 per office plus off-street loading area for pupils
Church
1 per 4 seats
Clubhouse (*)
1 per 4 seats plus 1 per 200 square feet of floor area
College (#)
1 per classroom plus 1 per office plus off-street loading area for students
Recreation area
1 per 5 persons anticipated at time of peak use
Auditorium (school and college)
1 per 4 seats; if seats are not fixed, 1 per 100 square feet of floor area
Monastery, convent or novitiate
1 per classroom plus 1 per office
NOTES:
(a)
In the above schedule, the term "type of building or use" shall also include buildings or uses similar to those listed.
(b)
For the purpose of this section, "floor area" shall mean the gross floor area of the particular use or floor area devoted to rooms for human occupancy, service or assembly, as the case may be. The term "floor area" shall not include permanent storage area nor space used for toilets, rest rooms or utilities.
(c)
In the above schedule, any building or use noted (*) shall provide one parking space for each two employees at peak shift, in addition to the space required under Column 2 of said schedule.
(d)
In the above schedule, any building or use noted (#) which has an auditorium, assembly hall or similar use shall also provide parking space equivalent in the aggregate to the requirements of "auditorium" in the schedule.
C. 
Calculation of parking space.
(1) 
For the purposes of this section, "parking space" shall mean an area of not less than 180 square feet, exclusive of drives or aisles giving access thereto, for the parking of automobiles. When the computation to determine the number of required spaces results in a requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded, and fractions over 1/2 shall require one parking space.
(2) 
In the case of a use not listed in the schedule, the requirements for off-street parking for a use listed and to which said use is similar shall apply. In the case of mixed uses, the requirements shall be the sum of the various uses computed separately, and off-street parking for one such use shall not be considered as providing required spaces for any other use, except as otherwise specified hereinbelow.
(3) 
Nothing in this section shall be construed to prevent collective provision of off-street parking facilities for two or more buildings or uses, subject to § 205-18, provided that the total spaces shall be not less than the sum of the requirements for the separate uses in accordance with the schedule, except that when the Board of Appeals finds that two uses are occupied or used at different times of the day or week, it may approve the number of spaces prescribed for the use with the greatest requirements.
D. 
Location of parking spaces. The off-street parking space required for single-family dwellings may be located in a private driveway or garage. In all districts, the off-street parking facilities required for the uses specified in this section, and for other similar uses, shall be on the same lot or parcel of land as the building or use they are intended to serve.
E. 
Design and layout.
(1) 
The design and layout of any off-street parking facility, except for single-family detached dwellings, shall be approved pursuant to § 205-18 prior to issuance of a permit.
(2) 
All off-street parking facilities required by this section shall be paved, marked, drained, lighted and maintained by the owner or lessee in accordance with specifications of the Village, and such facilities shall be arranged for convenient access and safety of pedestrians and vehicles. In the interest of safety, such facilities shall have adequate means of access to and egress from a street.
(3) 
The paved surface of a parking area shall not extend nearer than 20 feet to any property line. Whenever a parking area for a nonresidential use abuts on or is opposite a residential property, the Board of Appeals may require the applicant to install and maintain fencing and/or screen planting of a character and in such location as it may deem adequate to screen the parking area from residential property. In such locations, any lighting installations shall be arranged so as to avoid the reflection and glare of such lighting onto the abutting or neighboring residential property.
F. 
Permanence of facilities. No required open space in an off-street parking facility shall be encroached upon by buildings, storage or any other use, nor shall the required number of parking spaces be reduced, except upon formal approval of the Board of Appeals and then only after proof that, by reason of diminution in floor area, seating capacity or change in other requirements, the proposed reduction is reasonable and consistent with public convenience and safety.
G. 
Off-street loading. For any building or premises used for institutional or similar purposes, the Board of Appeals shall determine the requirements, if any, in addition to off-street parking, for areas needed to accommodate off-street loading of goods and materials. Whenever, in the opinion of the Board, separate off-street loading space is required for safety and convenience, it may specify the number, location and size of berths and accessways thereto to be installed and maintained on the premises.
[Amended 8-16-2004 by L.L. No. 2-2002]
A. 
Building permit, height measurement and location.
(1) 
A building permit shall be required for all fences, gates, gateposts, entry piers and walls the height of which shall be measured from the natural ground level at the base of the structure.
(2) 
The provisions of this chapter shall not be deemed to prohibit any necessary retaining wall nor to prohibit a fence, gate, gatepost, entry pier, wall or structure in the nature of a fence (except enclosures for animals) in a required yard.
B. 
Fences and walls on historic roads, any fence, wall, gate, gatepost or entry pier constructed on a lot which is adjacent to a historic road of the Village (Chicken Valley Road, Mill River Road, Oyster Bay - Glen Cove Road, Piping Rock Road, Planting Fields Road, Remsen's Lane, Ripley Lane, Wheatley Road, and Wolver Hollow Road) designated in § 177-6 of this Code shall be subject to the following requirements:
(1) 
No fence or wall on or within 10 feet of a lot line that is entirely contiguous to a historic road or on or within 10 feet of that portion an interior side line of a lot between the building line of the principal dwelling on the lot and any historic road shall exceed four feet in height.
(2) 
The height of a gate, gatepost or entry pier shall not exceed six feet.
(3) 
No decorative lantern or finial for a gatepost or entry pier shall exceed 12 inches in height measured the top of the gate, gatepost or entry pier, but in no event shall the total height of the gate, gatepost or entry pier, including the decorative lantern or finial, exceed the height of six feet six inches.
(4) 
Only traditional-style fence-like structures in keeping with the historical country-like ambience, atmosphere and appearance of the neighborhood shall be permitted. Traditional fence-like structures shall include, but shall not be limited to: post and rail fences, stockade fences, three- to four-rail board fence, wrought-iron fences, picket fences, stucco walls, fieldstone walls, and similar-styled structures. A traditional style fence-like structure shall be colored white, black or a subdued natural-like color and have no shiny or reflective surface.
C. 
Fences and walls on nonhistoric roads.
(1) 
No fence or wall shall exceed six feet six inches in height.
(2) 
No gate, gatepost or entry pier shall exceed a height of seven feet.
(3) 
No decorative lantern or finial for a gate, gatepost or entry pier shall exceed 18 inches in height measured from the top of the gate, gatepost or entry pier, but in no event shall the total height of the gate, gatepost or entry pier, including the decorative lantern or finial, exceed seven feet six inches.
D. 
Visibility at intersection. On a corner lot, no fence, wall, hedge or other structure or planting more than two feet six inches in height, measured from the curb or ground level along the property line, whichever is higher, shall be erected, planted or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said right-of-way street lines at points 30 feet distant from the point of intersection. Nothing herein contained shall apply to existing or native trees, provided that no branches are nearer than six feet to the ground.
E. 
Design of fences and walls. The design, color, texture and proportion of any fence, gate, gatepost, entry pier or wall shall be approved by the Architectural/Site Plan Commissioner prior to the issuance of a building permit for and the construction of such structure.
F. 
Entry gate location.
[Added 7-20-2020]
(1) 
Gates must be installed a minimum of 20 feet from the edge of the road; the distance should include the Village easement.
(2) 
For electric gates, the keypad must a) be installed a minimum of six feet from the gate and b) sited on the owner’s property.
(3) 
The standards will be effective as of July 20, 2020, and will also apply to any residents with gates installed prior to the date of this meeting, if they were installed without a permit.