A.
Permitted principal uses. A structure or building
may be erected, altered, arranged, designed or used and a lot or premises
may be used for any of the following purposes and for no other.
(1)
One-family detached dwelling, not to exceed one such
dwelling on each lot.
(2)
Two-family dwelling.
(3)
Three-family dwelling.
(4)
(5)
Professional offices located in buildings of which
at least 80% of the gross floor area was in existence on the effective
date of this provision.
(6)
Professional offices in combination with residences
located in buildings which were constructed after the effective date
of this provision, provided that the following requirements are met:
(a)
The amount of floor area devoted to office use
as a percentage of the gross floor area of the building in which it
is located shall not exceed 50%.
(b)
The office use shall not be located above the
first floor of the building.
(c)
A separate exterior entrance shall be provided
to such office without going through the residential part of the building.
(7)
Municipal parks and playgrounds, including customary
recreational, refreshment and service buildings and any other governmental
use of the Village of Pleasantville or of a duly organized fire district,
the major portion of the territory of which is within the Village
of Pleasantville.
(8)
Place of worship, together with such other building
or buildings as are customarily erected in conjunction therewith,
including elementary and secondary schools, residence for clergy and
parish or community house which are maintained and operated by and
form an adjunct of any church or other religious organization. The
uses set forth in this subsection shall be subject to the following
supplementary requirements:
(a)
Notwithstanding any other provisions of this
chapter to the contrary, no building shall exceed a height of 42 feet,
nor shall the number of stories at any point along the periphery of
such building exceed three.
(b)
Notwithstanding any other provisions of this
chapter to the contrary, no principal building shall be closer than
30 feet to any side or rear lot line.
(c)
Notwithstanding any other provisions of this
chapter to the contrary, the permitted building coverage shall not
exceed 40%.
(d)
Courts shall conform to the requirements of § 185-15A(6)(d) of this chapter.
(e)
All parking and service areas shall have screening
between them and all adjoining and neighboring properties; the design
of such screening shall be subject to approval by the Planning Commission.
(9)
Public schools, provided that such use shall be subject to the same supplementary requirements as described in Subsection A(8) hereof.
(10)
Public utility installations and facilities which are needed to serve the Village or the immediate neighboring communities, subject to a determination by the Village Board of Trustees that no other location in a less restricted district can reasonably be used for the purpose contemplated and subject, further, to such conditions as the Planning Commission may deem to be appropriate for the protection of adjoining properties and of the character of the district. The site development plan shall be subject to approval by the Planning Commission, in accordance with the provisions of § 185-50 of this chapter.
B.
Accessory uses. Accessory uses shall be limited to
the following:
(1)
Home occupations, subject to the following requirements:
(a)
Any such use shall be located entirely within
the principal dwelling building.
(b)
No more than 500 square feet or 30% of gross
floor area of one floor of the principal dwelling building, whichever
is less, shall be used for such purposes (including permitted storage
of materials).
(c)
No nonresident associates, assistants or employees
shall be permitted.
(d)
If instruction is involved, it shall be limited
to a single student at a time.
(e)
No display of materials visible from the street
and no outdoor storage of materials shall be permitted. No storage
of materials other than that which is clearly incidental to the operation
of the home occupation shall be permitted.
(f)
No signs shall be displayed, except as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(g)
Except as permitted by Subsection B(1)(f) hereof, the lot and all its structures shall maintain their residential appearance from the outside of the structure.
(i)
The nature and intensity of the home occupation
shall not create any hazardous, detrimental or nuisance conditions
or generate any objectionable noise, odors, fumes, lighting, glare,
radiation, radio or television interference or other adverse impacts.
(j)
The home occupation shall not involve merchandising,
trade or the exchanging of commodities by sale to persons who come
to the premises or by shipment to or from the premises.
(k)
No equipment other than light office equipment
(including but not limited to typewriters, computers, fax machines,
photocopiers and postage meters), medical or dental equipment, or
other electrical or mechanical equipment that might typically be used
in connection with a residential use, shall be permitted.
(l)
No production of materials other than written materials, computer-generated materials, materials created by light assembly performed by hand or with electrical or mechanical equipment as permitted under Subsection B(1)(k) hereof, or materials of a type and quantity that might typically be created as part of a residential hobby shall be permitted.
(m)
No trash generation that is in excess of that
which is typical of any normal household use shall be permitted, unless
disposed of by a private carter.
(n)
Any hazardous or biological wastes generated
must be stored indoors, clearly labeled and properly disposed of by
a private carter in accordance with all applicable laws and regulations.
(o)
No discharge of waste into sanitary sewers other
than that typical of a residential use shall be permitted, unless
such waste is properly treated prior to discharge in accordance with
all applicable laws and regulations.
(p)
The home occupation shall comply with all applicable
federal, state, county and local regulations.
(2)
Garden house, toolhouse, storage shed, children's playhouse, greenhouse,
or private garage or carport for off-street parking of passenger automobiles
of residents on the premises, provided that no accessory structure
or use thereof, except HVAC condensing units, shall be:
[Amended 9-25-2017 by L.L. No. 4-2017]
(3)
Swimming pool or sport court incidental to the residential
use of the premises and not operated for gain, provided that such
swimming pool or sport court shall be subject to the following requirements:
[Amended 11-22-1999 by L.L. No. 12-1999]
(a)
The minimum lot area for a swimming pool or
sport court shall be 20,000 square feet.
(b)
No part of any swimming pool shall be nearer
than 20 feet to any property line, nor nearer to any street line than
the rear wall of the residence. In the case of a corner lot, a swimming
pool shall not be any closer to the side street than the side wall
of the residence.
(c)
No part of a sport court shall be nearer than
20 feet to any property line nor, except in the case of corner lots,
nearer to any street line than that rear wall of the main building
which is located nearest to the street. On a corner lot, a sport court
may project within a distance of one of the bounding streets equal
to the required front yard.
(d)
A pool or sport court shall be screened from
the view of abutting properties by means of a thick hedge with a height
of not less than six feet six inches or an opaque fence with a height
of not more than six feet six inches.
(e)
An adequate permanent fence or barrier shall
be erected and maintained to prevent accidental entry or unauthorized
use of a swimming pool and particularly entry by a small child.
[1]
Such fence or barrier may be erected so as to
completely enclose the swimming pool itself or that portion of the
yard in which the swimming pool is situated or the entire property.
Such fence or barrier shall be adequately supported and shall not
be less than four feet nor more than six feet six inches in height,
as determined by the Building Inspector as hereinafter provided. Such
fence shall have not more than two openings for ingress or egress.
Said opening shall have a self-closing gate or door with an adequate
lock, which can be opened from outside the swimming pool enclosure
only by means of a key or combination. The gate, door and lock shall
at all times be maintained in proper working order to ensure that
such gate or door shall be kept closed and locked at all times when
the swimming pool is not in use.
[2]
The type and height of fence or barrier shall
be approved by the Building Inspector who, in evaluating a request
for approval, shall give due consideration to the adequacy and durability
of the proposed fence or barrier to ensure the safety and welfare
of the general public, and particularly of small children, and to
the terrain and character of the district with a view to conserving
the value of buildings and land and encouraging the most appropriate
use of land in the Village. In the event of any question as to adequacy,
the matter shall be submitted to the Board of Appeals for determination.
(f)
Any lighting used in conjunction with such pool
or sport court shall be directed away from adjoining properties.
(g)
Swimming pools shall be installed so that any
planned drainage will not flow into adjoining properties.
(h)
Should the owner abandon a swimming pool, he
or she shall remove the same if above ground, and he or she shall
arrange to fill in the depression if below ground. The Building Inspector
shall be notified of the abandonment so that an inspection of the
site may be made and the records of the permit be marked accordingly.
(4)
Off-street parking, provided that the parking of commercial
vehicles shall be limited to those vehicles located on the same lot
as the permitted principal use to which they are accessory.
(5)
Incidental research, design and development laboratories
within principal buildings.
(6)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(7)
Fences or garden walls (retaining and garden types) for permitted
residential uses shall be limited to four feet in height in any front
yard and six feet six inches in height in any rear or side yard. For
all other permitted uses, such fences or walls may be erected to greater
heights if approved or so required by the Planning Commission. The
height of a fence or wall shall be measured above the lowest adjacent
finished grade. Fences shall be erected with finished side facing
the street and/or abutting properties.
[Amended 5-29-2002 by L.L. No. 6-2002; 9-25-2017 by L.L. No. 4-2017]
(8)
Antennas, as permitted and regulated in Article VIIB
of this chapter.
C.
Uses subject to special permit. The following uses are subject to the issuance of a special permit in accordance with § 185-56 of this chapter:
(1)
Annual membership clubs incorporated pursuant to the Not-for-Profit Corporation Law or the Benevolent Orders Law of the State of New York, catering exclusively to members and their guests, including uses customarily accessory to the same; and private playgrounds, swimming pools and tennis courts subject to the restrictions of Subsection B(3) herein and recreation buildings not conducted as business enterprises, provided that no building or part of a building erected under the provisions of this subsection shall be located nearer than 50 feet to any street or property line and the following shall be prohibited:
(2)
Cemeteries, including extensions of existing cemeteries.
(3)
Except as otherwise provided by law, facilities licensed or supervised by an appropriate state or federal agency to provide residential or institutional care services to not more than 12 persons, but not including a hospital, sanitarium, assisted-living residence, nursing home, convalescent home or penal institution, which facilities, by virtue of the transiency of their residents or the on-site uninterrupted professional supervision, treatment and care that they provide do not function as the functional and factual equivalent of a family, subject to the following requirements, in addition to § 185-56 of this chapter:
(a)
Anyone establishing any such facility at any
location within the Village shall register with the Building Inspector
and provide the following information:
(b)
Any such facility shall be licensed by an authorized
governmental agency.
(c)
No such facility shall be located closer than
2,000 feet to any similar existing facility established pursuant to
this section. This distance shall be measured along a straight line
connecting the two closest points of each property line. This measured
distance shall apply to facilities established in the Village or in
a neighboring municipality.
(d)
Spaces for the parking of passenger vehicles shall be provided in accordance with Schedule VII of § 185-36 of this chapter.
(e)
None of the provisions of this section shall
be construed to restrict the establishment of congregate residential
facilities for the disabled in violation of federal law.
(4)
Private schools operated as nonprofit organizations within the meaning of the United States Internal Revenue Code and registered effectively as such thereunder, provided that such use shall be subject to the same supplementary requirements as described in Subsection A(8) herein.
(5)
Assisted-living residence, subject to the following
requirements:
(a)
Use and density standards.
[1]
Location. An assisted-living residence may be
established on a lot containing a minimum area of 1/2 acre, provided
that the proposed site is located within safe and convenient walking
distance of retail and personal service establishments and other community
facilities and services. The proposed site shall also be located near
a bus stop or train station which is accessible to elderly pedestrians,
from which frequent daily public transportation service to such establishments,
facilities and services is provided, or, in the alternative, the operator
of an assisted-living residence shall be required to provide private
transportation service for the residents thereof to such establishments,
facilities and services.
[2]
Ownership. The entire site upon which an assisted-living
residence is proposed shall be maintained in single ownership for
as long as such use exists.
[3]
Required features, amenities and services. An
assisted-living residence shall include the following:
[a]
Individual residential units containing
living/sleeping area(s) and a private full bathroom containing a bathtub,
subject to the following restrictions:
[i]
No more than 20% of the proposed
residential units may be one-bedroom units or two-bedroom units.
[ii]
Notwithstanding the minimum gross aggregate floor area requirement for multifamily dwelling units as specified in Schedule III of § 185-36B of this chapter, efficiency units shall contain not less than 200 square feet in floor area and not more than 300 square feet in floor area. One-bedroom units shall contain not less than 300 square feet in floor area and not more than 400 square feet in floor area. Two-bedroom units shall contain not less than 400 square feet in floor area and not more than 500 square feet in floor area. Floor area shall be measured from the interior faces of all walls.
[iii]
At least 10% of the total number
of residential units shall be designed so as to be fully accessible
to handicapped residents.
[b]
Living area(s) for the common use
of the residents, adequate in location, number, size, variety and
amenities to satisfactorily serve the needs of such residents. Such
living areas may include but not be limited to living rooms, TV rooms,
libraries, music rooms, activity rooms and multipurpose rooms.
[c]
Dining area(s) for the common use
of the residents, adequate in location, number, size and amenities
to satisfactorily serve the needs of such residents, and in which
at least the main meal of the day shall be served to all residents
on a daily basis.
[d]
Central kitchen adjacent to and
from which food service is provided to the common dining room(s).
[e]
Indoor and outdoor recreational
areas for the common use of the residents.
[f]
Lavatory facilities located near
the common room(s) for the use of residents and guests.
[g]
Laundry facilities for the residents'
personal use.
[h]
Linen and housekeeping services.
[i]
Personal-care services that need
not be provided by licensed personnel, such as but not limited to
assistance with eating, ambulation and general supervision.
[j]
Twenty-four-hour occupancy by on-site
responsible staff person.
[4]
Optional features, amenities and services. An
assisted-living residence may include the following:
[a]
A central kitchen on each floor
of the building for the residents' personal use, provided that adequate
safety features are included in the design of such facility.
[b]
Kitchenettes in individual residential
units, provided that adequate safety features are included in the
design of such facilities; and further provided that, as contained
herein, a kitchenette shall permit microwave ovens for cooking purposes
but shall prohibit gas stoves, hot plates or any other device that
maintains an open flame or exposed heated surface capable of creating
a potential fire hazard.
[c]
Sleeping accommodations for overnight
guests.
[6]
Occupancy. The occupancy of residential units
located in an assisted-living residence shall be restricted as follows:
[a]
No more than 5% of the proposed
residential units may be occupied by resident staff, such as a manager
(individual or couple). Such resident staff may be less than 62 years
of age.
[b]
No more than 10% of the proposed
residential units may be used for overnight guest accommodations by
persons of any age visiting the residents of the assisted-living residence.
The guest units shall be efficiency units. The overnight continuous
occupancy of such residential unit(s) by the same guest shall not
exceed a total duration of 14 days in any 90-day period.
[c]
Each efficiency unit shall be occupied
by no more than one person. Each one-bedroom unit or two-bedroom unit
shall be occupied by no more than two persons.
[d]
At least 5% of the proposed residential units, excluding all units occupied by resident staff, shall be designated affordable units and shall be occupied by persons of limited income as defined and further regulated in Subsection C(5)(c) herein. Such units shall be physically integrated into the design of the assisted-living residence in a manner satisfactory to the Planning Commission and shall be distributed among efficiency, one-bedroom and two-bedroom units in the same proportion as all other units in the development, unless a different proportion is approved by the Planning Commission as being better related to the housing needs, current or projected, of the Village of Pleasantville. In order to provide increased housing opportunities for the elderly population of the Village of Pleasantville, many of whom live on limited incomes, every effort shall be made by the applicant, working cooperatively with Village, town, county, state and federal agencies as well as semipublic or private organizations, to further increase the percentage of affordable units in the assisted-living residence.
[7]
Management. For any assisted-living residence,
there shall be adequate management, maintenance and supervision provided
by the operator thereof.
(b)
Site and structure requirements.
[1]
Bulk requirements. The requirements for minimum frontage, minimum lot width, minimum lot depth, minimum front yard, minimum side yard, minimum rear yard, maximum height, maximum building coverage, maximum development coverage and maximum floor area ratio shall be the same as specified in § 185-36B of this chapter for multifamily development.
[2]
Off-street parking. Spaces for the parking of passenger vehicles shall be provided in accordance with Schedule VII of § 185-36 of this chapter. Where the Planning Commission determines that the use of the site may not require the full improvement of all required off-street parking spaces, the Planning Commission may waive the actual improvement of a portion of such spaces, provided that the total number of required spaces is shown on an approved site plan, provided that the total number of improved spaces is not less than a minimum of two off-street parking spaces for every three residential units, plus one off-street parking space for each employee on duty during the main work shift; and further provided that acceptable guaranties, in form satisfactory to the Planning Commission and Village Counsel, are given for the actual construction of any such unimproved spaces within six months of the date of approval of any subsequent application for special permit renewal if the improvement of such spaces is deemed necessary by the Planning Commission at that time. Ten percent of the total number of required and improved parking spaces shall be designated handicapped spaces, which shall be suitably located so as to provide convenient access by the shortest walking distance to the building entrances. Notwithstanding the provisions of § 185-38 of this chapter, the use of compact car spaces shall be prohibited. Notwithstanding the provisions of Subsection D herein, off-street parking may be located in a required yard along any property line that abuts the Central Business A-1 District.
[3]
Access and on-site circulation. Reasonable traffic
circulation shall exist to and from the site, taking into consideration
the characteristics of the existing street and accessibility of the
site and building(s) thereon for emergency service vehicles. All vehicular
driveways shall be designed to serve their intended function and the
anticipated volume of traffic generated by the development. Adequate
provision shall be made for the off-street loading and unloading requirements
of delivery vehicles if determined by the Planning Commission to be
necessary in the particular circumstances. Vehicular driveways shall
be separated from pedestrian walkways.
[4]
Usable open space. There shall be provided at
least 300 square feet of usable open space for each residential unit
on the lot, which shall be appropriate in location, size and design
to the type of development and to the residents thereof. Within such
usable open space, there shall be provided landscaped walkways with
benches, flower gardens, patios and other appropriate facilities designed
to accommodate a variety of outdoor recreational activities suited
to the needs, abilities and preferences of the residents.
[5]
Utilities. Central water supply and sewerage
facilities shall be provided to the site.
[6]
Refuse collection and storage. Adequate provision
shall be made for collecting and storing refuse between collections.
Any outdoor storage shall be in centralized containers of adequate
capacity to prevent overflow and designed to prevent rodent infestation.
Screening of such garbage storage areas shall be provided.
(c)
Miscellaneous requirements.
[1]
Market rate units; resident selection standards.
At the time of initial occupancy of the assisted-living residence
and when vacancies subsequently become available, occupancy in market
rate units in such residence shall be offered on a priority basis
to existing residents of the Village of Pleasantville, and such residents
shall be given a reasonable amount of time in which to accept or decline
such offer. The operator thereof shall at all times maintain a waiting
list for occupancy in the assisted-living residence. All vacancies
in such market rate units shall be filled by first offering occupancy
to each Village of Pleasantville resident on such waiting list in
sequential order until no names of interested Village of Pleasantville
residents remain on such list, after which time occupancy in such
market rate units may be offered to all other persons on a first-come,
first-served basis. If a Pleasantville resident declines the first
invitation for occupancy in a market rate unit in the assisted-living
residence, such individual shall, nonetheless, if he or she so desires,
remain on the waiting list for market rate units in the original numerical
order and shall be again offered occupancy in a market rate unit in
such residence on a priority basis when the next vacancy of such a
unit becomes available. If a Pleasantville resident declines a second
invitation for occupancy in a market rate unit in the assisted-living
residence, such individual may, if he or she so desires, remain on
the waiting list but shall be moved to the last position on such list,
as it is then identified.
[2]
Affordable units. The residential units that
are required to be reserved for occupancy by persons of limited income,
as set forth in Subsection C(5)(a)[6][d] herein, shall be subject
to the following restrictions:
[a]
Resident selection standards. At the time of initial occupancy of the assisted-living residence and when vacancies subsequently become available in affordable units, occupancy in such units in such residence shall be first offered on a priority basis to existing residents of the Village of Pleasantville. The priority listing shall be further prioritized such that the order of all eligible residents of the Village of Pleasantville, as specified in Subsection C(5)(c) herein, shall be listed sequentially beginning with the person with the lowest aggregate annual income and moving progressively down the list, based upon increases in aggregate annual income. A second list, utilizing the same structure as described immediately above, shall be created and maintained for all eligible nonresidents of the Village of Pleasantville who wish to reside in one of the affordable units of such residence. The operator thereof shall at all times maintain such waiting lists for occupancy in the assisted-living residence. All vacancies in such affordable units shall be filled by first offering occupancy to each Village of Pleasantville resident on such waiting list in sequential order until no names of interested Village of Pleasantville residents remain on such list, after which time occupancy in such affordable units shall be filled by then offering occupancy to each nonresident of the Village of Pleasantville on such waiting list in sequential order until no names of interested nonresidents of the Village of Pleasantville remain on such list.
[b]
Income eligibility.
[i]
To be eligible for occupancy in
an affordable unit, the aggregate annual income of the person(s) proposed
to reside in such unit shall not exceed the following multiples of
the median annual Village-paid wages of all full-time employees of
the Village of Pleasantville for the last full calendar year preceding
the year in which the unit is rented:
|
Proposed Unit Occupancy
|
Multiple
| |
|---|---|---|
|
One person
|
0.9
| |
|
Two persons
|
1.1
|
[ii]
As used herein, aggregate annual
income shall include the total of all current annual income of all
persons proposed to reside in an affordable unit from any source whatsoever
at the time of application for occupancy in the assisted-living residence.
In the event that an invitation for occupancy in the assisted-living
residence is offered to a person whose name is on the waiting list
as described in Subsection C(5)(c)[2][a] herein, such individual shall
be required to submit updated income data at the time that such invitation
is offered.
[c]
Occupancy standards. The following
schedule shall apply to affordable units:
|
Unit Type
|
Number of Persons Minimum
|
Maximum
| |
|---|---|---|---|
|
Efficiency
|
1
|
1
| |
|
One-bedroom
|
1*
|
2
| |
|
Two-bedroom
|
2
|
2
|
|
Notes:
*Only if an efficiency is not available. Tenants
should be transferred to an efficiency when one becomes available
and the lease should so provide.
|
[d]
Maximum rent. In determining which units qualify as affordable units, the monthly rent for such units, including all utilities (gas, oil, electricity, water and sewer) but excluding meals and housekeeping, linen and transportation services, shall not exceed 3.8% of the income eligibility limits for the maximum number of persons proposed to reside in such unit as set forth in Subsection C(5)(c) herein.
[e]
Continued eligibility.
[i]
Applicants for affordable units
shall, if eligible and if selected for occupancy in the assisted-living
residence by the operator thereof, sign leases for a term of no more
than two years.
[ii]
Provided that a resident remains eligible, as defined in Subsection C(5)(c) herein, and has complied with the terms of the lease, said resident shall be offered a two-year renewal of the lease. If a resident's aggregate annual income should subsequently exceed by more than 20% the income eligibility limits then allowed, as set forth in Subsection C(5)(c)[2][b] herein, and if there is at that time an otherwise eligible applicant, said resident may complete his or her current lease term and shall be offered a market rate dwelling unit in the assisted-living residence at the termination of such lease term, if available. If no such residential unit is available at that time, the resident may be allowed to sign one additional six-month lease for the affordable unit he or she occupies but shall not be offered a renewal of the lease beyond the expiration date of said term.
[f]
Administration.
[i]
The Village Board of Trustees shall
serve as or may establish an Affordable Housing Review Board (hereinafter
called the "Review Board"), which shall be responsible for the promulgation
of such rules and regulations as may be necessary to implement the
provisions of this section.
[ii]
At the time of issuance of a certificate
of occupancy, the Building Inspector shall send a copy of such certificate
to the Review Board, which shall then inform the applicant of the
maximum rental charge which may be established for the affordable
units in such assisted-living residence and the maximum aggregate
annual income for eligibility for occupancy of said units. On or before
March 31 of each year thereafter, the Review Board shall notify the
operator of the assisted-living residence as to the rent and income
eligibility requirements for affordable units based upon the figures
derived from the preceding calendar year.
[iii]
The operator of such assisted-living
residence shall certify to the Review Board on or before May 31 of
each year that the current rental prices of all affordable units comply
with the provisions of this section
[g]
Tax assessment. The limited rental
income of affordable units shall be taken into consideration by the
Village Assessor in determining the full value basis for assessments
on such units.
[3]
Revocation of permit. Upon 60 days' notice to
the applicant, which notice shall be delivered personally or by certified
mail addressed to the applicant's address as shown on the permit application,
the Planning Commission may revoke the special permit if it finds
that the applicant has not complied with any or all terms of said
permit, has exceeded the authority granted in the permit or has failed
to undertake the project in the manner set forth in the approved permit.
Such applicant shall be entitled to a hearing before the Planning
Commission prior to the actual revocation of the permit. If such hearing
is requested by the applicant, in writing, within five days of receipt
of the notice of intent to revoke the permit, such hearing shall be
scheduled by the Planning Commission within 21 days of receipt of
the request for such hearing. After the close of the hearing, the
Planning Commission may confirm its intent to revoke the permit, modify
the permit conditions or rescind its intent to revoke the permit.
The Planning Commission shall set forth, in writing, in the file it
keeps, its findings and reasons for any action it may take pursuant
to this section.
[4]
Duration of approval. Special permits granted
pursuant to this section shall be valid for a period of three years
from the date the resolution granting approval is filed with the Village
Clerk. Such permits shall be renewable upon demonstration by the applicant
that the assisted-living residence has been operated in compliance
with all conditions and requirements of its permit and of this section
and is not, at the time of application for renewal, in violation of
any applicable federal, state or municipal law, rule or regulation.
Each renewal shall be valid for a period of not less than three years
and not more than five years, as deemed appropriate by the Planning
Commission, from the date the resolution granting such extension is
filed with the Village Clerk.
[5]
Other requirements. In addition to the requirements
specified above, the Planning Commission may institute such other
special requirements as said Commission may deem appropriate to assure
that the purpose and intent of this section, as well as of this chapter
as a whole, are met and that the public health, safety and welfare
of the residents of the assisted-living residence and the Village's
residents as a whole are properly protected.
D.
Additional requirements. In addition to all other
requirements of this chapter, the following shall apply to all uses
other than one-, two- or three-family dwellings:
(1)
Landscaping.
(a)
The entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped. Along property lines which adjoin adjacent lots there shall be planted evergreen trees of such type and spacing as shall be approved by the Planning Commission, of an initial height of not less than five feet and adequate ultimately to screen all operations on the lot from the view of the adjoining properties. All landscaping shall be properly maintained throughout the life of any use on any lot. At the discretion of the Planning Commission, an alternative type of buffer screening may be approved, provided that, in the judgment of the Planning Commission, it accomplishes the same purposes. Existing walls, trees or landscaping within 20 feet of any street or property line shall not be removed except with the approval of the Planning Commission, or as otherwise required in accordance with the provisions of § 185-43 of this chapter.
(b)
A landscaping plan prepared by a qualified person
shall be submitted as part of the site plan for review by the Planning
Commission.
(2)
Ingress and egress. Not more than one point each of
vehicular ingress and egress shall be provided for each 200 feet of
frontage on each lot. The design and location of the intersection
of each driveway with any public street, including the planting and
grading of the immediately adjoining land, location of decorative
posts or fences and similar elements, shall be subject to approval
by the Planning Commission and, if required by law, also by the County
or State Department of Public Works.
(3)
Off-street parking requirements.
(a)
Spaces for the parking of passenger automobiles shall be provided in accordance with Schedule VII of § 185-36 of this chapter and shall take place entirely on the lot. Parking, excluding that which occurs in a driveway serving an exclusively residential structure, shall not be permitted in the required front yard or in the area between the street line and a line drawn along the front facade of the principal building (excluding open porches) located nearest the street line. Except as provided hereinafter, parking shall not be permitted nearer than 20 feet to any property line. On lots containing principal buildings which were in existence on the effective date of this provision, the Planning Commission may permit parking areas to be located 10 feet from a side or rear property line, provided that the 10-foot setback is landscaped to serve as a buffer to the satisfaction of the Planning Commission.
(b)
Surface parking areas shall be permanently improved,
suitably screened and landscaped as approved by the Planning Commission.
(4)
Distance between buildings. The following minimum
distances between buildings located on the same lot shall be observed:
(a)
Between a principal building and a one-story
accessory building: 20 feet.
(b)
Between any two other buildings: a distance
equal to the average height of such buildings at the points where
such buildings are nearest one to the other.
(c)
Notwithstanding any other provisions of this
chapter and except as provided hereinafter, no building on the lot
which is used in whole or in part for residential purposes shall intrude
into the area enclosed by an arc of a circle with a radius of 60 feet
extending 70° on each side of a line perpendicular to the center
of any legal window (other than a legal bathroom or kitchen window)
and the exterior radii of such arc. All measurements shall be performed
in horizontal projection at the sill level of the subject window.
This limitation shall not apply to any wall of the same building the
plane of which intersects the plane of the wall in which the subject
window is located at an angle of more than 80°. A minimum distance
of 60 feet shall be maintained between the subject window and any
wall parallel thereto, whether such wall is part of the same or of
another residential building on the same lot. Refer to Appendix I
of this chapter for illustration of these requirements.[1]
[1]
Editor's Note: Appendix I is included at the end of this chapter, following Schedules I through VII.
(5)
Courts.
(a)
Inner courts. An inner court is permitted if
the minimum dimension of such court is equal to not less than 1/2
times the average height of all surrounding walls, in the case of
nonresidential buildings, and not less than 60 feet, in the case of
residential buildings. The height of a wall surrounding an inner court
shall be measured from the finished grade at the base thereof to the
top of such wall; except that in the case of roofs with a slope exceeding
five inches vertical to 12 inches horizontal, the height shall be
measured to the mean point between the top of said wall and the highest
point of the roof. Refer to Appendix I of this chapter for illustration
of these requirements.[2]
[2]
Editor's Note: Appendix I is included at the end of this chapter, following Schedules I through VII.
(b)
Outer courts. The minimum width of an outer
court shall be 20 feet and the depth thereof shall not exceed its
width. Refer to Appendix I of this chapter for illustration of these
requirements.[3]
[3]
Editor's Note: Appendix I is included at the end of this chapter, following Schedules I through VII.
(6)
Exceptions to yard requirements as established in Schedule IV of § 185-36 of this chapter. Except where a side or rear yard abuts a one-family residence district boundary, garages so designed as to allow the use of the roof thereof as part of the grounds may be erected in side or rear yards, not nearer than four feet to any property line, provided that the average height of any wall thereof which faces a side lot line or a rear lot line is not in excess of six feet six inches above the average grade of such lot line.
(7)
Off-street loading requirements. All loading and unloading
shall take place entirely on the lot not nearer than 20 feet to any
street line or residence district boundary.
(8)
Site illumination. All exterior illumination shall
be shielded from the view of all surrounding properties and streets,
and all such lighting, other than lighting of roads and buildings
essential for safety or security reasons or required by governmental
regulations, shall be extinguished not later than 9:00 p.m.
A.
Permitted principal uses. A structure or building
may be erected, altered, arranged, designed or used and a lot or premises
may be used for any of the following purposes and for no other.
(1)
One-family detached dwelling, not to exceed one such
dwelling on each lot.
(2)
Two-family dwelling.
(3)
Three-family dwelling.
(4)
Attached single-family townhouses in accordance with
the following regulations:
(a)
There shall be a minimum parcel of 10,000 square
feet.
(b)
The minimum dimensions of a lot upon which a
townhouse can be built shall be 16 feet wide and 80 feet deep.
(c)
The maximum number of townhouses per acre shall
be 18.
(d)
No more than 10 townhouses may be constructed
in a single structure, and no structure may exceed 160 feet in length.
(e)
A minimum side yard of 20 feet shall be required
between groups of townhouses or between groups of townhouses and the
nearest property line.
(f)
Front and rear yards may be varied by up to
25% upon approval of the Planning Commission in order to increase
flexibility in design of the development.
(5)
Multiple dwellings with four or more dwelling units, provided that the entire lot occupied by such development shall be maintained in single ownership throughout its life. In addition to all bulk and off-street parking requirements set forth in Schedule IV and Schedule VII of § 185-36 of this chapter, the following requirements shall be met:
(a)
Usable open space. There shall be provided at
least 400 square feet of usable open space for each dwelling unit
on the lot. In any lot containing 15 or more dwelling units, such
usable open space shall be devoted to improved and landscaped play
and sitting areas for the use of the residents of said dwelling units.
The design, layout and equipment of such play and sitting area shall
be subject to approval by the Planning Commission.
(b)
Size of building. The length or depth of any
building shall not exceed 160 feet.
(6)
Municipal parks and playgrounds, including customary
recreational, refreshment and service buildings and any other governmental
use of the Village of Pleasantville or of a duly organized fire district,
the major portion of the territory of which is within the Village
of Pleasantville.
(7)
Place of worship, together with such other building
or buildings as are customarily erected in conjunction therewith,
including elementary and secondary schools, residence for clergy and
parish or community house which are maintained and operated by and
form an adjunct of any church or other religious organization; public
or private schools operated as nonprofit organizations within the
meaning of the United States Internal Revenue Code and registered
effectively as such thereunder. The uses set forth in this subsection
shall be subject to the following supplementary requirements:
(a)
Notwithstanding any other provisions of this
chapter to the contrary, no building shall exceed a height of 42 feet,
nor shall the number of stories at any point along the periphery of
such building exceed three.
(b)
Notwithstanding any other provisions of this
chapter to the contrary, no principal building shall be closer than
30 feet to any side or rear lot line.
(c)
Notwithstanding any other provisions of this
chapter to the contrary, the sum of all areas covered by all principal
buildings and accessory buildings shall not exceed 40%.
(d)
Courts shall conform to the requirements of § 185-15A(6)(d) of this chapter.
(e)
All parking and service areas shall have screening
between them and all adjoining and neighboring properties; the design
of such screening shall be subject to approval by the Planning Commission.
(8)
Public utility installations and facilities which are needed to serve the Village or the immediate neighboring communities, subject to a determination by the Village Board of Trustees that no other location in a less restricted district can reasonably be used for the purpose contemplated and subject, further, to such conditions as the Planning Commission may deem to be appropriate for the protection of adjoining properties and of the character of the district. The site development plan shall be subject to approval by the Planning Commission, in accordance with the provisions of § 185-50.
(9)
Business and professional offices.
(10)
For detailed bulk and off-street parking and loading requirements, see Schedule IV and Schedule VII, respectively, of § 185-36 of this chapter.
(11)
Film/video training facilities and offices related
to their operation.
[Added 3-28-2005 by L.L. No. 4-2005]
B.
Accessory uses. Accessory uses shall be limited to
the following:
(1)
Home occupations, subject to the following requirements:
(a)
Any such use shall be located entirely within
the principal dwelling building.
(b)
No more than 500 square feet or 30% of gross
floor area of one floor of the principal dwelling building, whichever
is less, shall be used for such purposes (including permitted storage
of materials).
(c)
No nonresident associates, assistants or employees
shall be permitted.
(d)
If instruction is involved, it shall be limited
to a single student at a time.
(e)
No display of materials visible from the street
and no outdoor storage of materials shall be permitted. No storage
of materials other than that which is clearly incidental to the operation
of the home occupation shall be permitted.
(f)
No signs shall be displayed, except as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(g)
Except as permitted by Subsection B(1)(f) hereof, the lot and all its structures shall maintain their residential appearance from the outside of the structure.
(i)
The nature and intensity of the home occupation
shall not create any hazardous, detrimental or nuisance conditions
or generate any objectionable noise, odors, fumes, lighting, glare,
radiation, radio or television interference or other adverse impacts.
(j)
The home occupation shall not involve merchandising,
trade or the exchanging of commodities by sale to persons who come
to the premises or by shipment to or from the premises.
(k)
No equipment, other than light office equipment
(including but not limited to typewriters, computers, fax machines,
photocopiers and postage meters), medical or dental equipment, or
other electrical or mechanical equipment that might typically be used
in connection with a residential use, shall be permitted.
(l)
No production of materials, other than written materials, computer-generated materials, materials created by light assembly performed by hand or with electrical or mechanical equipment as permitted under Subsection B(1)(k) hereof, or materials of a type and quantity that might typically be created as part of a residential hobby, shall be permitted.
(m)
No trash generation that is in excess of that
which is typical of any normal household use shall be permitted, unless
disposed of by a private carter.
(n)
Any hazardous or biological wastes generated
must be stored indoors, clearly labeled and properly disposed of by
a private carter in accordance with all applicable laws and regulations.
(o)
No discharge of waste into sanitary sewers other
than that typical of a residential use shall be permitted, unless
such waste is properly treated prior to discharge in accordance with
all applicable laws and regulations.
(p)
The home occupation shall comply with all applicable
federal, state, county and local regulations.
(2)
Garden house, toolhouse, storage shed, children's playhouse, greenhouse,
or private garage or carport for off-street parking of passenger automobiles
of residents on the premises, provided that no accessory structure
or use thereof, except HVAC condensing units, shall be:
[Amended 9-25-2017 by L.L. No. 4-2017]
(3)
Swimming pool or sport court incidental to the residential
use of the premises and not operated for gain, provided that such
swimming pool or sport court shall be subject to the following requirements:
[Amended 11-22-1999 by L.L. No. 12-1999]
(a)
The minimum lot area for a swimming pool or
sport court shall be 20,000 square feet.
(b)
No part of any swimming pool shall be nearer
than 20 feet to any property line, nor nearer to any street line than
the rear wall of the residence. In the case of a corner lot, a swimming
pool shall not be any closer to the side street than the side wall
of the residence.
(c)
No part of a sport court shall be nearer than
20 feet to any property line nor, except in the case of corner lots,
nearer to any street line than that rear wall of the main building
which is located nearest to the street. On a corner lot, a sport court
may project within a distance of one of the bounding streets equal
to the required front yard.
(d)
A pool or sport court shall be screened from
the view of abutting properties by means of a thick hedge with a height
of not less than six feet six inches or an opaque fence with a height
of not more than six feet six inches.
(e)
An adequate permanent fence or barrier shall
be erected and maintained to prevent accidental entry or unauthorized
use of a swimming pool and particularly entry by a small child.
[1]
Such fence or barrier may be erected so as to
completely enclose the swimming pool itself or that portion of the
yard in which the swimming pool is situated or the entire property.
Such fence or barrier shall be adequately supported and shall not
be less than four feet nor more than six feet six inches in height,
as determined by the Building Inspector as hereinafter provided. Such
fence shall have not more than two openings for ingress or egress.
Said opening shall have a self-closing gate or door with an adequate
lock, which can be opened from outside the swimming pool enclosure
only by means of a key or combination. The gate, door and lock shall
at all times be maintained in proper working order to ensure that
such gate or door shall be kept closed and locked at all times when
the swimming pool is not in use.
[2]
The type and height of fence or barrier shall
be approved by the Building Inspector who, in evaluating a request
for approval, shall give due consideration to the adequacy and durability
of the proposed fence or barrier to ensure the safety and welfare
of the general public, and particularly of small children, and to
the terrain and character of the district with a view to conserving
the value of buildings and land and encouraging the most appropriate
use of land in the Village. In the event of any question as to adequacy,
the matter shall be submitted to the Board of Appeals for determination.
(f)
Any lighting used in conjunction with such pool
or sport court shall be directed away from adjoining properties.
(g)
Swimming pools shall be installed so that any
planned drainage will not flow into adjoining properties.
(h)
Should the owner abandon a swimming pool, he
or she shall remove the same if above ground, and he or she shall
arrange to fill in the depression if below ground. The Building Inspector
shall be notified of the abandonment so that an inspection of the
site may be made and the records of the permit be marked accordingly.
(4)
Off-street parking, provided that the parking of commercial
vehicles shall be limited to those vehicles located on the same lot
as the permitted principal use to which they are accessory.
(5)
Incidental research, design and development laboratories
within principal buildings.
(6)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(7)
Fences or garden walls (retaining and garden types) for permitted
residential uses shall be limited to four feet in height in any front
yard and six feet six inches in height in any rear or side yard. For
all other permitted uses, such fences or walls may be erected to greater
heights if approved or so required by the Planning Commission. The
height of a fence or wall shall be measured above the lowest adjacent
finished grade. Fences shall be erected with finished side facing
the street and/or abutting properties.
[Amended 5-29-2002 by L.L. No. 6-2002; 9-25-2017 by L.L. No. 4-2017]
(8)
Antennas, as permitted and regulated in Article VIIB
of this chapter.
[Added 10-8-2007 by L.L. No. 7-2007]
A.
Permitted principal uses. A structure or building
may be erected, altered, arranged, designed or used and a lot or premises
may be used for any of the following purposes and for no other:
(1)
One-family detached dwelling, not to exceed
one such dwelling on each lot.
(2)
Two-family dwelling.
(3)
Three-family dwelling.
(4)
Business and professional offices, provided
that the following provisions shall apply to such uses when established
in an existing building:
(a)
Notwithstanding any other provision of this chapter to the contrary, approval of an area variance from the bulk requirements set forth in Schedule IVA of § 185-36 of this chapter shall not be required, provided that such existing building is not enlarged.
(5)
Offices in combination with residences, provided
that the following requirements are met:
(a)
The office use shall not be located above the
first floor of the building.
(b)
A separate exterior entrance shall be provided
to such office without going through the residential part of the building.
(c)
Notwithstanding any other provision of this chapter to the contrary, approval of an area variance from the minimum bulk requirements set forth in Schedule IVA of § 185-36 of this chapter shall not be required if such uses are located in an existing building that is not enlarged.
B.
Accessory uses. Accessory uses shall be limited to
the following:
(1)
Home occupations, subject to the following requirements:
(a)
Any such use shall be located entirely within
the principal dwelling building.
(b)
No more than 500 square feet or 30% of gross
floor area of one floor of the principal dwelling building, whichever
is less, shall be used for such purposes (including permitted storage
of materials).
(c)
No more than one nonresident associate, assistant
or employee shall be permitted.
(d)
If instruction is involved, it shall be limited
to a single student at a time.
(e)
No display of materials visible from the street
and no outdoor storage of materials shall be permitted. No storage
of materials other than that which is clearly incidental to the operation
of the home occupation shall be permitted.
(f)
No signs shall be displayed, except as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(g)
Except as permitted by Subsection B(1)(f) hereof, the lot and all its structures shall maintain their residential appearance from the outside of the structure.
(i)
The nature and intensity of the home occupation
shall not create any hazardous, detrimental or nuisance conditions
or generate any objectionable noise, odors, fumes, lighting, glare,
radiation, radio or television interference or other adverse impacts.
(j)
The home occupation shall not involve merchandising,
trade or the exchanging of commodities by sale to persons who come
to the premises or by shipment to or from the premises.
(k)
No equipment other than light office equipment
(including but not limited to typewriters, computers, fax machines,
photocopiers and postage meters), medical or dental equipment, or
other electrical or mechanical equipment that might typically be used
in connection with a residential use shall be permitted.
(l)
No production of materials other than written materials, computer-generated materials, materials created by light assembly performed by hand or with electrical or mechanical equipment as permitted under Subsection B(1)(k) hereof, or materials of a type and quantity that might typically be created as part of a residential hobby shall be permitted.
(m)
No trash generation that is in excess of that
which is typical of any normal household use shall be permitted, unless
disposed of by a private carter.
(n)
Any hazardous or biological wastes generated
must be stored indoors, clearly labeled and properly disposed of by
a private carter in accordance with all applicable laws and regulations.
(o)
No discharge of waste into sanitary sewers other
than that typical of a residential use shall be permitted, unless
such waste is properly treated prior to discharge in accordance with
all applicable laws and regulations.
(p)
The home occupation shall comply with all applicable
federal, state, county and local regulations.
(2)
Garden house, toolhouse, storage shed, children's playhouse,
greenhouse, or private garage or carport for off-street parking of
passenger automobiles of residents on the premises, provided that
no accessory structure or use thereof, except HVAC condensing units,
shall be:
[Amended 9-25-2017 by L.L. No. 4-2017]
(3)
Off-street parking, provided that the parking
of commercial vehicles shall be limited to those vehicles located
on the same lot as the permitted principal use to which they are accessory
and further provided that the dispatching of commercial vehicle fleets
from the subject site on which they are parked shall not be permitted.
(4)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(5)
Fences or garden walls (retaining and garden types) for permitted
residential uses shall be limited to four feet in height in any front
yard and six feet six inches in height in any rear or side yard. For
all other permitted uses, such fences or walls may be erected to greater
heights if approved or so required by the Planning Commission. The
height of a fence or wall shall be measured above the lowest adjacent
finished grade. Fences shall be erected with finished side facing
the street and/or abutting properties.
[Amended 9-25-2017 by L.L. No. 4-2017]
(6)
Antennas, as permitted and regulated in Article
VIIB of this chapter.
C.
Uses subject to special permit. The following uses are subject to the issuance of a special permit in accordance with § 185-56 of this chapter:
(1)
Retail sales incidental to a warehouse or light
manufacturing use located on the same lot and permitted in an adjacent
zoning district, provided that the products sold on the premises are
stored on or are produced on the same premises and further provided
that the retail area is fully contained within an enclosed building
and occupies no more than 15% of the gross floor area of the business.
(2)
Restaurants, catering halls and outdoor dining accessory thereto.
[Added 4-25-2011 by L.L. No. 4-2011]
D.
Additional requirements. In addition to all other
requirements of this chapter, the following shall apply to all uses:
(1)
Landscaping, fencing and supplementary design
guidelines.
(a)
The entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped. All front yards shall be appropriately landscaped with trees, shrubs and lawn. Along property lines adjacent to Marble Avenue, there shall be planted street trees of such type, spacing and location as shall be approved by the Planning Commission of an initial caliper size of not less than 4 1/2 inches diameter at breast height (DBH). Along property lines that adjoin adjacent lots, there shall be planted evergreen trees of such type and spacing as shall be approved by the Planning Commission of an initial height of not less than five feet and adequate ultimately to screen all operations on the lot from the view of the adjoining properties. At the discretion of the Planning Commission, an alternative type of buffer screening may be approved, provided that, in the judgment of the Planning Commission, it accomplishes the same purposes. Existing walls, trees or landscaping within 20 feet of any street or property line shall not be removed except with the approval of the Planning Commission, or as otherwise required in accordance with the provisions of § 185-43 of this chapter.
(b)
All parking areas visible from Marble Avenue
or any other street line shall be screened with evergreen plants,
berms and/or opaque fencing to a minimum height of three feet at the
time of installation, as measured from the elevation of the parking
area closest to the property line or the highest elevation of the
parking area on the subject lot, whichever is higher. Notwithstanding
any other provision of this chapter to the contrary, compliance with
this subsection shall be required for any existing previously approved
nonresidential use within three years after the effective date of
this provision.
(c)
All areas used for outdoor storage in connection
with the operation of a nonresidential use shall be screened with
evergreen plants, berms and/or opaque fencing to a minimum height
of three feet at the time of installation, as measured from the higher
of the elevation of the outdoor storage area closest to the property
line or the highest elevation of the outdoor storage area located
on the subject lot, so that such storage areas are not visible from
Marble Avenue or any other street line. Notwithstanding any other
provision of this chapter to the contrary, compliance with this subsection
shall be required for any existing previously approved nonresidential
use within three years after the effective date of this provision.
(d)
A landscaping plan prepared by a qualified person
shall be submitted as part of the site plan for review by the Planning
Commission.
(e)
All landscaping shall be properly maintained
throughout the life of any use on any lot.
(f)
No chain link fencing shall be permitted in
any front yard or along any street line. No barbed wire or razor wire
fencing shall be permitted in any location.
(g)
The construction of buildings without fenestration
along facades facing street lines shall not be permitted. Not less
than 25% of the area of a building facade facing a street line shall
be composed of transparent glass doors and/or windows.
(h)
Buildings with flat roofs shall be prohibited.
For purposes of this subsection, a flat roof shall be defined as any
roof with a pitch of 4-in-12 or less.
(2)
Ingress and egress. Not more than one point
each of vehicular ingress and egress shall be provided for each 200
feet of frontage on each lot. Driveways providing access to no more
than six off-street parking spaces shall not exceed 12 feet in width.
The maximum width of driveways providing access to more than six off-street
parking spaces shall be the minimum necessary to accommodate necessary
circulation movements as determined by the Planning Commission based
upon consideration of the land use(s) being served, the number of
off-street parking spaces and the anticipated traffic operations associated
with the site. The design and location of the intersection of each
driveway with any public street, including the planting and grading
of the immediately adjoining land, location of decorative posts or
fences and similar elements, shall be subject to approval by the Planning
Commission and, if required by law, also by the County or State Department
of Public Works.
(3)
Off-street parking requirements.
(a)
Parking shall not be permitted in the required
front yard or in any portion of the area between the street line and
a line drawn along the front facade of the principal building (excluding
open porches) located nearest the street line. Only access driveways
to such parking areas shall be permitted in a front yard. Except as
provided hereinafter, parking shall not be permitted nearer than 10
feet to any property line. On lots containing principal buildings
that were in existence on the effective date of this provision, the
Planning Commission may permit parking areas to be located five feet
from a side or rear property line, provided that the five-foot setback
is landscaped to serve as a buffer to the satisfaction of the Planning
Commission.
(b)
Surface parking areas shall be permanently improved,
suitably screened and landscaped as approved by the Planning Commission.
E.
Permitted uses to be carried on in fully enclosed
buildings. Except as otherwise provided, all permitted uses, whether
principal, incidental or accessory and including all storage, shall
be carried on in fully enclosed buildings. Such provision shall not
apply to parking of registered vehicles or outdoor loading.
F.
Noxious or offensive uses prohibited. Whether or not
listed above as a permitted use, any use that is noxious or offensive
by reason of emission of odor, dust, vibration, noise, smoke, gas,
fumes, glare or radiation or which presents any hazard to public health
or safety is prohibited.
A.
Permitted principal uses. A structure or building
may be erected, altered, arranged, designed or used and a lot or premises
may be used for any of the following purposes and for no other:
(1)
Municipal parks and playgrounds, including customary
recreational, refreshment and service buildings and any other governmental
use of the Village of Pleasantville or of a duly organized fire district,
the major portion of the territory of which is within the Village
of Pleasantville.
(2)
Place of worship, together with such other building
or buildings as are customarily erected in conjunction therewith,
including elementary and secondary schools, residences for the clergy
of such church and parish or community houses which are maintained
and operated by and form an adjunct of any church or other religious
organization now or hereafter located in the Village; public schools
and private schools operated as nonprofit organizations within the
meaning of the United States Internal Revenue Code and registered
effectively as such thereunder. The uses set forth in this subsection
shall be subject to the following supplementary requirements:
(a)
Notwithstanding any other provisions of this
chapter to the contrary, no building shall exceed a height of 42 feet,
nor shall the number of stories at any point along the periphery of
such building exceed three.
(b)
Notwithstanding any other provisions of this
chapter to the contrary, no part of a building having a height in
excess of 30 feet shall be erected nearer than 50 feet to any street
or property line.
(c)
Notwithstanding any other provisions of this
chapter to the contrary, the sum of all areas covered by all principal
and accessory buildings shall not exceed 25% of the area of the lot.
(d)
Courts shall conform to the requirements of § 185-15A(6)(d) of this chapter.
(e)
All parking and service areas shall have screening
between it and all adjoining neighboring residential properties; the
design of such screening shall be subject to approval by the Planning
Commission.
(3)
Public utility installations and facilities which are needed to serve the Village or the immediate neighboring communities, subject to a determination by the Village Board of Trustees that no other location in a less restricted district can reasonably be used for the purpose contemplated and subject, further, to such conditions as the Planning Commission may deem to be appropriate for the protection of adjoining properties and of the character of the district. The site development plan shall be subject to approval by the Planning Commission, in accordance with the provisions of § 185-50.
(4)
Business and professional offices.
(5)
Offices and facilities devoted to research and development.
(6)
Laboratories for experimentation and research and
shops for the fabrication and testing of models and parts to be used
in connection with such research.
(7)
Conference and/or corporate training facility.
B.
Accessory uses. Accessory uses shall be limited to
the following:
(1)
Manufacturing, if such activity is in no way noxious
or offensive with regard to odor, dust, vibration, fumes, glare, noise,
radiation or waste emissions and will not have an adverse effect on
neighboring uses or the public health in general.
(2)
Warehousing use and shipping. If the Planning Commission deems it to be desirable, any accessory use as outlined in Subsection B(1) hereof may be measured as a portion of the entire C-O development. If the overall planned development is subdivided, such accessory use shall be limited to such quantity and location as approved in the site plan for the entire C-O development prior to subdivision.
[Amended 8-23-2004 by L.L. No. 9-2004]
(3)
Garden house, toolhouse, storage shed, children's playhouse, greenhouse,
or private garage or carport for off-street parking of passenger automobiles
of residents on the premises, provided that no accessory structure
or use thereof, except HVAC condensing units, shall be:
[Amended 9-25-2017 by L.L. No. 4-2017]
(4)
Swimming pool or sport court incidental to the residential
use of the premises and not operated for gain, provided that such
swimming pool or sport court shall be subject to the following requirements:
[Amended 11-22-1999 by L.L. No. 12-1999]
(a)
The minimum lot area for a swimming pool or
sport court shall be 20,000 square feet.
(b)
No part of any swimming pool shall be nearer
than 20 feet to any property line, nor nearer to any street line than
the rear wall of the residence. In the case of a corner lot, a swimming
pool shall not be any closer to the side street than the side wall
of the residence.
(c)
No part of a sport court shall be nearer than
20 feet to any property line nor, except in the case of corner lots,
nearer to any street line than that rear wall of the main building
which is located nearest to the street. On a corner lot, a sport court
may project within a distance of one of the bounding streets equal
to the required front yard.
(d)
A pool or sport court shall be screened from
the view of abutting properties by means of a thick hedge with a height
of not less than six feet six inches or an opaque fence with a height
of not more than six feet six inches.
(e)
An adequate permanent fence or barrier shall
be erected and maintained to prevent accidental entry or unauthorized
use of a swimming pool and particularly entry by a small child.
[1]
Such fence or barrier may be erected so as to
completely enclose the swimming pool itself or that portion of the
yard in which the swimming pool is situated or the entire property.
Such fence or barrier shall be adequately supported and shall not
be less than four feet nor more than six feet six inches in height,
as determined by the Building Inspector as hereinafter provided. Such
fence shall have not more than two openings for ingress or egress.
Said opening shall have a self-closing gate or door with an adequate
lock, which can be opened from outside the swimming pool enclosure
only by means of a key or combination. The gate, door and lock shall
at all times be maintained in proper working order to ensure that
such gate or door shall be kept closed and locked at all times when
the swimming pool is not in use.
[2]
The type and height of fence or barrier shall
be approved by the Building Inspector who, in evaluating a request
for approval, shall give due consideration to the adequacy and durability
of the proposed fence or barrier to ensure the safety and welfare
of the general public, and particularly of small children, and to
the terrain and character of the district with a view to conserving
the value of buildings and land and encouraging the most appropriate
use of land in the Village. In the event of any question as to adequacy,
the matter shall be submitted to the Board of Appeals for determination.
(f)
Any lighting used in conjunction with such pool
or sport court shall be directed away from adjoining properties.
(g)
Swimming pools shall be installed so that any
planned drainage will not flow into adjoining properties.
(h)
Should the owner abandon a swimming pool, he
or she shall remove the same if above ground, and he or she shall
arrange to fill in the depression if below ground. The Building Inspector
shall be notified of the abandonment so that an inspection of the
site may be made and the records of the permit be marked accordingly.
(5)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(6)
Fences or garden walls (retaining and garden types) for permitted
residential uses shall be limited to four feet in height in any front
yard and six feet six inches in height in any rear or side yard. For
all other permitted uses, such fences or walls may be erected to greater
heights if approved or so required by the Planning Commission. The
height of a fence or wall shall be measured above the lowest adjacent
finished grade. Fences shall be erected with finished side facing
the street and/or abutting properties.
[Amended 5-29-2002 by L.L. No. 6-2002; 9-25-2017 by L.L. No. 4-2017]
(7)
Clinics and cafeterias in fully enclosed buildings
and recreation facilities for exclusive use of employees and officers
of principal uses permitted herein.
(8)
Off-street parking and loading, provided that the
parking of commercial vehicles shall be limited to those vehicles
located on the same lot as the permitted principal use to which they
are accessory.
(9)
Antennas, as permitted and regulated in Article VIIB
of this chapter.
C.
Uses subject to special permit. The following uses are subject to the issuance of a special permit in accordance with § 185-56 of this chapter:
(1)
Annual membership clubs incorporated pursuant to the provisions of the Not-for-Profit Corporation Law or the Benevolent Orders Law of the State of New York, catering exclusively to members and their guests, including uses customarily accessory to the same; and private playgrounds, outdoor swimming pools and outdoor sports courts, subject to the restrictions of Subsection B(4) herein, sports courts and recreation buildings not conducted as business enterprises, provided that no building or part of a building erected under the provisions of this subsection shall be located nearer than 50 feet to any street or property line and the following shall be prohibited:
(2)
Except as otherwise provided, all permitted uses,
whether principal, incidental or accessory, including all storage,
shall be carried on in fully enclosed buildings. Such provisions shall
not apply to parking of registered vehicles, outdoor loading or other
service activities.
(3)
Prohibited uses. Whether or not listed above as a
permitted use, any use which is noxious or offensive by reason of
emission of odor, dust, vibration, noise, smoke, gas, fumes, glare
or radiation or which presents any hazard to public health or safety
is prohibited.
D.
Additional requirements. In addition to all other
requirements of this chapter, the following shall apply to all uses
in this district:
(1)
Landscaping.
(a)
The entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped. Where lot lines coincide with or are located within an RRR through R-4 District boundary, there shall be planted along such lines evergreen trees of such type and spacing as shall be approved by the Planning Commission, of an initial height of not less than five feet and adequate ultimately to screen all operations on the lot from the view of properties in the adjoining residence districts. All landscaping shall be properly maintained throughout the life of any use on any lot. At the discretion of the Planning Commission, an alternative type of buffer screening may be approved, provided that, in the judgment of the Planning Commission, it accomplishes the same purpose. Existing walls, trees or landscaping within 20 feet of any street or property line shall not be removed except with the approval of the Planning Commission, or as otherwise required in accordance with the provisions of § 185-43 of this chapter.
(b)
A landscaping plan prepared by a qualified person
shall be submitted as part of the site plan for review by the Planning
Commission.
(2)
Ingress and egress. Not more than one point each of
vehicular ingress and egress shall be provided for each 200 feet of
frontage on each lot. The design and location of the intersection
of each driveway with any public street, including the planting and
grading of the immediately adjoining land, location of decorative
posts or fences and similar elements, shall be subject to approval
by the Planning Commission and, if required by law, also by the County
or State Department of Public Works.
(3)
Off-street parking requirements. Spaces for the parking of passenger automobiles shall be provided in accordance with Schedule VII of § 185-36 of this chapter and shall take place entirely on the lot not nearer than 20 feet to any street or property line. Surface parking areas shall be permanently improved, suitably screened and landscaped as approved by the Planning Commission.
(4)
Distance between buildings. The following minimum
distances between buildings located on the same lot shall be observed:
(5)
Courts.
(a)
Inner courts. An inner court is permitted if
the minimum dimension of such court is equal to not less than 1/2
times the average height of all surrounding walls. The height of a
wall surrounding an inner court shall be measured from the finished
grade at the base thereof to the top of such wall, except that, in
the case of roofs with a slope exceeding five inches vertical to twelve
12 inches horizontal, the height shall be measured to the mean point
between the top of said wall and the highest point of the roof. Refer
to Appendix I of this chapter for illustration of these requirements.[1]
[1]
Editor's Note: Appendix I is included at the end of this chapter, following Schedules I through VII.
(b)
Outer courts. The minimum width of an outer
court shall be 20 feet, and the depth thereof shall not exceed its
width. Refer to Appendix I of this chapter for illustration of these
requirements.[2]
[2]
Editor's Note: Appendix I is included at the end of this chapter, following Schedules I through VII.
(6)
Off-street loading requirements. All loading and unloading
shall take place entirely on the lot not nearer than 50 feet to any
street line or residence district boundary.
(7)
Site illumination. All exterior illumination shall
be shielded from the view of all RRR through R-4 District properties
and streets, and all such lighting, other than lighting of roads and
buildings essential for safety or security reasons or required by
governmental regulations, shall be extinguished not later than 9:00
p.m.
