A. Any building or premises or any use lawfully existing
in any building or premises at the time of the passage of this chapter
and not conforming to the regulations of the building zone district
in which it is maintained may be continued therein, but the building
or buildings, structures or premises involved shall not be altered
or enlarged except in compliance with the provisions of this chapter.
B. A building or lot or any part thereof which, at the
time of passage of this chapter or at a later time, is used for any
of the purposes herein provided as permitted in the zone in which
said building or lot is situated shall never thereafter be used for
any purpose not permitted by the provisions of this chapter.
Any lot in an area heretofore or hereafter transferred
from one district to another district, of which the ownership at the
time of such transfer differed from that of the premises adjacent
thereto, which fails to conform with the minimum area or minimum street
frontage or minimum depth regulations of the district to which it
is transferred, but which conformed with the regulations of the district
in which it was situated immediately prior to such transfer, may be
improved and a building erected, altered or enlarged thereon, provided
that such building conforms with the regulations of the district to
which it has been transferred except as to minimum area or minimum
street frontage or minimum depth as the case may be, and further provided
that, in respect to such minimum area or minimum street frontage or
minimum depth, it conforms with the regulations of the district from
which it was transferred.
Nothing in this chapter shall prevent the restoration,
within one year and in such manner as not to violate any provision
of this chapter to any greater extent or in any other way than at
the present time, of a nonconforming building or structure destroyed
by fire, explosion, act of God or act of the public enemy to an extent
of not more than 60% of its value or prevent the continuance of the
use of such building or part thereof, but any building destroyed in
the manner aforesaid, to an extent exceeding 60% of its value at the
time of such destruction, may be reconstructed and thereafter used
only in such a manner as to conform to all the provisions of this
chapter. Nothing in this chapter shall prevent the restoration of
a wall declared unsafe.
The area occupied by accessory buildings shall
be included in computing the maximum portion of the lot area which
may be built upon in any given zone.
In case of an irregular parcel of land, the
Board of Trustees shall have power to determine and designate what
portion thereof shall be deemed to be used in connection with the
proposed building or use and what, if any, portion thereof is not
properly to be deemed used in connection therewith. For the purpose
of computing the size of the lot, only that portion of the parcel
of land which the Board of Trustees deems to be used in connection
with the proposed building or use shall be included.
[Amended 11-15-1955 by Ord. No. 44; 1-12-1961 by Ord. No.
67; 7-11-1985 by L.L. No. 3-1985; 2-8-1996 by L.L. No.
4-1996]
A. Accessory buildings and uses may be located only in
the rear or side yards and shall not be nearer to any property line
than 20 feet in the Residence A District, Residence AA District or
Residence AB District, or 15 feet in the Residence B or Residence
BX District.
B. Accessory buildings or structures consisting of air-conditioning
equipment, swimming pool, heating and filtration equipment, emergency
generators, electrical panels either freestanding or attached to a
building and similar types of equipment shall be provided with suitable
screening by hedges, shrubs, trellises, latticework, fencing or the
like, or any combination of the same, of sufficient height and location
so as to shield such uses and equipment from view from adjacent streets
and adjacent properties.
C. Sheds not exceeding 80 square feet and eight feet above surrounding grade level and located per §
145-25A do not require building permit.
[Added 9-9-2004 by L.L. No. 5-2004]
[Amended 1-12-1961 by Ord. No. 67]
No principal building or establishment or part
thereof shall be erected or maintained nearer to Macy Channel, Hewlett
Bay, Thixton Creek or Georges Creek than 50 feet in the Residence
A District, Residence AA District or Residence AB District, or 40
feet in the Residence B District or Residence BX District. For the
purpose of this subsection, the unnamed estuary of Hewlett Bay situated
south of the bridge at Seawane Drive shall be deemed part of Hewlett
Bay, but the portions of said estuary north of said bridge shall not
be deemed part of Hewlett Bay.
[Amended 1-12-1961 by Ord. No. 67]
A. There may be constructed adjacent to and abutting
the waterline of any waterfront property a dock, boathouse, or bathhouse
not used for dwelling purposes or for the storage of automobiles,
motorcycles, or any other motorized boats or vehicles. The exception
to this subsection is the storage of jet skis. The boathouse or bathhouse
may occupy not more than 10% of the waterfront of such property and
must be placed across the median of the property closest to the water
on either end of the property while complying with side-yard requirements
and the provisions applicable to accessory building or uses. A chain-link
or cyclone fence must be constructed along the property line of that
portion of Albon Road between Seawane Drive and Everit Avenue for
all waterfront property. The fence must be exactly four feet high
and maintained in good order and repair. The chain link must be coated
in a green vinyl or green latex permanent factory coating. Any gate
must be securely locked as per New York State guidelines for fences
surrounding pools. No trees, shrubs, hedges, accessory structures,
or any flora may be placed in such a manner so as to block the view
of the water from the road. The dock and/or boathouse/bathhouse may
not be rented without the express written consent of the Village Board
of Trustees.
[Amended 3-8-1973; 4-8-2010 by L.L. No. 1-2010]
B. Such dock or boathouse shall be used exclusively by
the owner or occupant of the property to which it is accessory for
any number of boats owned by him, except that he may permit such dock
to be used by transient boats for periods of not more than 10 days
during the boating season, or by not more than one boat without limitation
of time owned by another resident of the Village on condition that
no fee, charge or remuneration is paid or received.
[Added 9-12-1968 by Ord. No. 91]
As an exception to the requirement of §
145-9F that accessory uses must be located on the same lot as the principal use to which they are accessory, there may be constructed upon a lot adjoining Macy Channel, Hewlett Bay, Thixton Creek or Georges Creek a swimming pool with accessory equipment and structures which complies with all of the requirements for a swimming pool as set forth in Art.
VII of this chapter and which is accessory to a one-family dwelling in the same ownership located elsewhere in the Village, within 300 feet of the swimming pool, subject to the following additional conditions:
A. That the swimming pool be so located on the lot that
a one-family dwelling may be constructed upon the lot between the
swimming pool and the adjacent street in conformity with all of the
requirements of applicable ordinances and that, in the event such
dwelling is constructed, the swimming pool shall become accessory
to such dwelling.
B. That there be planted and maintained between the swimming
pool and the adjoining street or streets trees and/or shrubbery, approved
by the Board of Trustees, sufficient in the opinion of the Board of
Trustees to provide reasonable concealment of the swimming pool from
the street.
C. That the application for a building permit shall show
conformity with these conditions and that the foregoing approval of
the Board of Trustees be obtained before the building permit is issued.
D. That in case the lot containing the swimming pool
and the lot containing the principal use should come into separate
ownership, the use of the swimming pool shall cease forthwith and
the swimming pool and appurtenances thereto shall be removed within
one year thereafter, unless within that period of time the swimming
pool becomes a permitted accessory use under other provisions of this
chapter.
[Amended 10-8-1959 by Ord. No. 61; 9-9-2004 by L.L. No.
5-2004]
In the case of a corner lot, a building shall
be required to comply with the front yard restrictions on both streets.
In the case of a lot, other than a corner lot,
adjoining two or more streets, a front yard is required on each street.
In the case of a lot situated partly in two
districts, no principal building, use or establishment shall be constructed,
altered or maintained thereon except in conformity with the regulations
applying to the most highly restricted district in which such building,
use or establishment or any part thereof is situated, and no accessory
building, use or establishment shall be constructed, altered or maintained
unless the principal building, use or establishment to which it is
accessory is one permitted in the district in which such accessory
building, use or establishment is situated.
Building zone districts include all public or
private streets, ponds, streams and waterways adjacent thereto, whether
or not so designated upon the Building Zone Map, including land under
water and land hereafter formed by filling, accretion, emergence,
avulsion or otherwise. In case a public or private street, pond, stream
or waterway as shown on said map forms the boundary between two or
more districts of the same class, the district shall be considered
as continuous. In case a public or private street, pond, stream or
waterway as shown on said map forms the boundary between two or more
districts of different classes, each district shall be deemed to extend
to the center of the pond or the thread of the stream or waterway
as the case may be. A description by metes and bounds of the building
zone boundaries is on file with the Village records, to which reference
may be made to determine the intention of the Board of Trustees in
case of any uncertainty as to the precise location of any building
zone boundary.
[Amended 3-8-1962 by Ord. No. 76]
For the purpose of computing the building area,
the size of the lot, the front yard, the side yards, the rear yard,
the street frontage and the minimum depth of lot, a Village parkway
and any proposed street or streets shown on any official map or master
plan of the Village, or any amendment or modification thereof now
or hereafter duly adopted by the Planning Board or by the Board of
Trustees, shall be considered a public street with the same force
and effect as if the same had been duly opened and improved and made
available for public use.
Except as provided in §
145-33, for the purpose of computing the building area, the size of the lot, the rear yards, front yards and side yards, the land lying in the bed of any public or private street adjacent thereto and the land lying below the highwater mark of any pond, stream or waterway adjacent thereto shall be excluded, unless the application for a building permit shall also provide for the bulkheading or filling in of a portion of such pond, stream or waterway, in which case the land lying below the high-water line as so relocated shall be excluded.
No telephone poles or poles for electric light
or power, and no overhead wires, shall be permitted within the Village
except as follows: Properties adjoining East Rockaway Road may bring
in overhead wires to buildings erected or to be erected thereon for
a distance of not more than 100 feet from East Rockaway Road and,
for such purpose, may erect and maintain, within 100 feet of East
Rockaway Road, not more than one pole on each such building plot.
[Added 6-14-2007 by L.L. No. 7-2007]
No pebble or gravel driveways may be constructed.
Residents who already have a certificate of occupancy or certificate
of completion prior to enactment of this section are exempt from this
requirement.
[Added 12-8-2016 by L.L.
No. 12-2016]
A. A building
permit shall be required for the installation of rooftop energy-efficient
solar panels, whether the panels are installed on the principal residence
or an accessory structure.
B. The fee for the required building permit, as described in Subsection
A, shall be $1,000.
[Added 2-9-1961 by Ord. No. 68]
Where a street frontage of a specified minimum
length is required, it is not enough if such minimum is provided at
the street line, but such minimum must be provided throughout the
depth of the required front or other yard abutting the street where
the minimum street frontage is provided.
[Added 3-10-1988 by L.L. No. 2-1988;
amended 1-12-1989 by L.L. No. 2-1989; 6-13-1991 by L.L. No. 2-1991; 2-9-1995 by L.L. No.
1-1995]
No trailer of any kind and no boat of any kind
shall be stored in any front, side or rear yard or on any other property
in the Village, except that:
A. A boat that is afloat may be moored at a legally permitted
dock, bulkhead, pier or other mooring facility.
B. A boat trailer or a boat under 18 feet in length may
only be stored in a rear yard when wholly enclosed within a building
which complies in all respects to the laws and regulations of the
Village.