Clubs as referred to in Subsection
A(4) of §
195-12 shall be subject to the following:
A. The site shall be at least 20 acres in area for a
tennis, skating or swimming club and at least 60 acres in area for
a golf club, country club or riding club.
[Amended 7-18-2000 by L.L. No. 3-2000]
B. For country club use, at least one off-street parking
space shall be provided for each 200 square feet of floor, terrace
and patio space devoted to patron use. For golf club use, at least
five off-street parking spaces shall be provided for each tee, plus
five spaces for visitor and employee parking. Parking areas shall
be permanently improved and shall be located at least 100 feet away
from all property lines. Suitable screening or fencing must be provided
to safeguard adjoining property from nuisances or for safety reasons.
[Amended 7-18-2000 by L.L. No. 3-2000]
C. There shall be no more than two permanent single-family
dwellings on the club site, and each dwelling shall not be occupied
by more than one family.
D. All buildings and structures shall be set back at
least 200 feet from all property lines and shall not cover more than
10% of the site.
E. All athletic or recreation areas and facilities shall
be located at least 150 feet from all property lines, except that
a golf tee may be located no less than 100 feet from any property
line.
F. Outdoor public address systems may not be permitted.
G. One sign, not exceeding four square feet in area,
not flashing and not lighted by exposed tubes, bulbs or other exposed
light sources, announcing the name of the club may be permitted facing
each street on which it is situated.
H. An area for practice shall be permitted.
J. Permits shall be authorized by the Building Inspector
for five-year periods.
K. A special permit may be granted only when the petitioner
files with the Board of Appeals written consents, duly acknowledged,
of the owners of at least 75% of all land which lies outside of and
within 1,000 feet of each boundary line of the lot or lots of the
petitioner to be used for such special permit use, excluding, however,
in such one-thousand-foot computation all the land contained in public
streets and all the land owned by the petitioner which is adjacent
to the lot or lots intended to be used for such special permit use,
and, if the petitioner shall be a prospective purchaser with a contract
of purchase, all lands which lie adjacent to the lot or lots to be
used for such special permit use owned by the seller; provided, however,
that notwithstanding such limitation the Board of Appeals, by majority
vote of all the members of the Board then in office, may grant permission
for any such use even though consents are not so filed on behalf of
the owners of at least 75% of the above-mentioned area.
[Amended 7-18-2000 by L.L. No. 3-2000]
Churches as referred to in Subsection
A(2) of §
195-12 shall be subject to the following:
A. Building area. All buildings, including accessory
buildings, shall not cover more than 10% of the area of the lot.
B. Height. The height of any principal building shall
not exceed 25 feet. The height of any accessory building shall not
exceed 20 feet, except that an accessory building may be 25 feet in
height, provided that it shall be a distance of at least 100 feet
from the main building.
C. Yards. Each lot shall have front, side and rear yards
not less than the depths and widths following:
(1) Front yard depth: 110 feet.
(2) Side yard width: 50 feet each for a one-story principal
building and 70 feet each for a building of two or more stories. However,
when a side yard abuts a street line the width shall be 110 feet.
(3) Rear yard depth: 50 feet for a one-story principal
building and 70 feet for a two-story principal building.
D. Parking area. Off-street parking on the lot shall
be provided in a paved area equal in area to one times the area of
the buildings. Such parking area may extend into the side and rear
yards but shall be distant not less than 30 feet from any lot line
and 20 feet from any street line.
E. Screen. Where a parking area abuts a property line
a screen of evergreen shrubs four feet in height and 20 feet in width
shall be installed and maintained along said lines.
F. Marginal roadway. A marginal roadway 50 feet in width
in the front yard and in any side yard abutting a street shall be
provided. Said marginal roadway shall extend from the road or street
line into the front and side yard and shall be separated from the
street by a mall 10 feet in width; no more than two openings in the
mall for access shall be made on any one street; the mall shall be
curbed; the pavement in the roadway shall be 30 feet in width; and
a sidewalk four feet in width shall be constructed along the inner
side of the marginal roadway. All work and construction hereinabove
set forth shall be in accordance with Village specifications and regulations.
[Added 4-17-1979 by L.L. No. 2-1979]
Notwithstanding other provisions of this chapter
to the contrary, the use for rental purposes of farm dwellings or
farm dwelling units which were in existence and were used for dwelling
purposes in connection with a farm or farm use prior to the effective
date of this chapter may be permitted by the Zoning Board of Appeals,
subject to the following conditions.
A. Such special permit use shall be limited to the R-5A
Rural Residence District.
B. Sufficient land shall be committed and dedicated to
the special permit use area to ensure a density no greater than one
dwelling unit per five acres in the R-5A District.
C. In addition to the above density, a residence may be permitted for one caretaker as defined under the term "building or use, accessory," in §
195-3 hereof.
D. Each overall parcel not divided by a publicly owned highway devoted to such special permit use shall be at least 20 acres in size and shall meet the lot area standards established in Items 2 through 5 of §
195-14, Schedule of area, yard and other dimensional standards, for the R-5A Rural Residence District.
E. Structures and facilities under consideration for
approval shall be limited to those which were in existence at the
effective date of this chapter and which were in use for dwelling
purposes at that time. Any approval for rental dwelling unit purpose
shall result in a dwelling unit which complies with the State Uniform
Fire Prevention and Building Code and other applicable health and
safety regulations. No new external construction shall be permitted
except for maintenance and safety purposes, as required by law.
F. Any permit issued in accordance with this section
shall run with the land and shall expire five years after the issuance
of the permit unless renewed after review and approval by the Zoning
Board of Appeals, subject to findings by the Board of continued compliance
with the terms of the original approval and this chapter and the continued
compatibility with adjacent land use.
G. During the term of any permit issued in accordance
with this section, the owner of the subject parcel shall, upon the
request of the Building Inspector, and in such detail as may be requested
by him, furnish an affidavit with respect to compliance with the terms
of such permit and this chapter.
H. No parcel for which a certificate of occupancy is
granted or for which a permit is granted in accordance with the standards
of this section shall be subdivided or used for any other purpose
unless approved by the Board of Appeals.
[Added 8-31-2004 by L.L. No. 1-2004]
A retail antique studio may be permitted by the Board of Zoning Appeals on the first floor of a historic dwelling, provided there is compliance with and subject to the standards and requirements set forth in §
195-15 and §
195-16 of the Code, and the following conditions:
A. This section shall apply only to a dwelling within
the Village which is over 100 years old and is located on a parcel
which has a minimum lot area of two acres and is situated within or
immediately adjacent to the Village's Business District.
B. The retail antique studio shall be located only on
the first floor of the existing principal dwelling and shall not exceed
a contiguous area greater than one-quarter of the first floor of the
existing dwelling or 500 square feet, whichever is less.
C. The retail antique studio shall be owned and operated
by the property owner who must reside in the dwelling as his principal
residence. The retail antique studio's use shall be incidental to
the use of such dwelling which shall be primarily occupied for residential
purposes.
D. There shall be no display or advertising on the premises
or along the road frontage in connection with this use, except for
one unilluminated sign along the road frontage not exceeding four
square feet in area, stating the name of the owner and the term "antique
studio."
E. Adequate off-street parking shall be provided for
every 200 square feet of area devoted to the retail antique studio,
plus an additional parking space for one employee. The parking area
shall be adequately located from the street and adjacent properties
to minimize adverse impact on adjacent property. Suitable site screening
may be required to mitigate visual and sound impacts of the parking
area and use.
F. No use shall be made of any accessory building in
connection with such retail antique studio use.
G. The Board of Zoning Appeals may require the submission
of a site plan showing all existing buildings and facilities to be
used and may impose appropriate conditions and safeguards designed
to mitigate any adverse impacts that such use may have on the Village
and adjacent properties.
H. The Board of Zoning Appeals may impose reasonable
conditions, including but not limited to type of antiques to be displayed
and sold, the hours of operation, number of employees, days of operation,
parking configuration, exterior lighting, ingress and egress, and
require the exterior of the existing dwelling to be preserved and
maintained. Outdoor displays, yard sales and outdoor storage of stock
or shipments shall not be permitted.
I. A permit issued in accordance with this section shall
expire five years after issuance or immediately upon the existing
dwelling being removed, destroyed or deemed uninhabitable. The Board
of Zoning Appeals may renew said permit, provided that after a public
hearing there is a finding by the Board of Zoning Appeals of continued
compliance with the terms of this section and the original approval.
The Board of Zoning Appeals may revoke said permit, after a public
hearing and a finding by the Board of Zoning Appeals of noncompliance
with the terms of this section or the original approval. The Board
of Zoning Appeals may revoke a permit for a material breach of any
condition of approval after providing written notice and a reasonable
opportunity to correct the violation.