[Amended 5-6-1996 by L.L. No. 6-1996]
No land may be used and no building or other structure shall be erected, converted, enlarged, reconstructed, moved or altered, nor shall any building or other structure or part thereof be used, except for a use permitted in the district in which the building or other structure is located.
[Amended 5-6-1996 by L.L. No. 6-1996]
No building or other structure shall be erected, converted, enlarged, reconstructed or altered except in conformity with the regulations of the district in which the building or other structure is located.
[Amended 1-7-1985 by L.L. No. 2-1985; 5-6-1996 by L.L. No. 6-1996]
No building or other structure, nor any part thereof, shall be erected in nor project into a front yard, rear yard or side yard, except:
A. 
Cornices, eaves, gutters, chimneys or flues projecting not more than 18 inches, or windowsills, belt courses or other ornamental features projecting not more than four inches.
B. 
Entrance stairs or steps to the main building, and unenclosed stoops or landings incidental to such entrance stairs or steps not exceeding 35 square feet in area. Such stairs, steps, stoops or landings may intrude into the front, side and rear yard setback requirements, but not in excess of five feet into the front or side yard setback requirements and not in excess of eight feet into the rear yard setback requirement. Raised decks, platforms, balconies and other landscape structures, 12 inches or greater in height, must comply with all building and setback requirements. Raised decks, platforms, balconies and other landscape structures built on grade which do not exceed a height of 12 inches in height may encroach into the required rear yard, provided that they shall be at least 12 feet from any rear or side lot line, and, if they are within 15 feet of the rear property line, they must be totally and permanently screened from the adjacent property on the other side of that property line in accordance with a plan submitted to and approved by the Village Building Inspector.
C. 
Accessory buildings and other structures, other than detached garages, shall be permitted only in rear yards, provided that such structures meet the following criteria:
[Amended 7-14-2008 by L.L. No. 4-2008]
(1) 
The area covered by all of the accessory buildings and other structures on the lot, together, shall not exceed 120 square feet. Such restriction shall not apply to the size of game courts, swimming pools, or tennis courts.
(2) 
No accessory building or other structure shall exceed 12 feet in height.
(3) 
All accessory buildings and other structures shall be located at least 10 feet further back from the front lot line of the lot than the rearmost portion of the main building.
(4) 
All accessory buildings and other structures shall be located at least 12 feet from any property line.
(5) 
Detached garages shall not be permitted in rear yards.
D. 
Cesspools, septic tanks, sewage disposal fields, pools or any other subsurface construction, if otherwise permissible, but these shall not be nearer than 10 feet to the side or rear lines of a lot. In addition, such installations shall conform in all respects to applicable Health Department requirements.
E. 
Lawn sprinkler systems, if otherwise permissible. All of the above exceptions are subject to building area restrictions as provided for elsewhere in this chapter.
F. 
Lampposts and similar lighting structures (hereinafter, together, referred to as "lamp posts").
[Added 8-7-2006 by L.L. No. 3-2006]
(1) 
Lampposts shall be permitted in a front yard, upon the following conditions:
(a) 
Except as provided in Subsection G of this section, there shall not be more than two lampposts in a front yard.
(b) 
Such lampposts shall not exceed nine feet (including the base and the lamp) above the immediately adjacent grade.
(c) 
The horizontal measurements of the support of the lamp shall not exceed 36 square inches or six inches in any one dimension.
(d) 
The base under and/or around the support of the lamp shall not exceed two feet in height and its horizontal measurements may not exceed 81 square inches or nine inches in any one dimension.
(e) 
The horizontal measurements of the lamp shall not exceed 225 square inches or 15 inches in any one dimension.
(2) 
Notwithstanding anything set forth herein to the contrary, the foregoing shall not prohibit:
(a) 
Any lamppost in a front yard that is less than 12 inches in height.
(b) 
The attachment of a street number sign to a lamppost in a front yard, so long as such street number sign conforms to the requirements of § 200-21I of this chapter.
(3) 
All lighting shall comply with § 200-24 of this chapter.
G. 
Piers. Piers shall be permitted in a front yard, upon the following conditions:
[Added 8-7-2006 by L.L. No. 3-2006]
(1) 
There shall not be more than two piers in a front yard.
(2) 
Such piers shall be of masonry material.
(3) 
Such piers shall not be within 20 feet of the paved portion of the street adjoining the front yard.
(4) 
Such piers shall not exceed two feet in height above the immediately adjacent grade.
(5) 
The horizontal measurements of such piers shall not exceed 400 square inches or 20 inches in any one dimension.
(6) 
Such piers may be used as the base of a lamppost or for planting, but not as the base of a statue or sculpture or for any other purpose.
(7) 
In the event that any such pier is used as the base of a lamppost, the total height of the lampposts shall not exceed 3 1/2 feet (including the pier and the lamp) above the immediately adjacent grade.
H. 
Detached private garages shall be permitted only in side yards, provided that such garages meet the following criteria:
[Added 7-14-2008 by L.L. No. 4-2008]
(1) 
There shall be not more than one detached private garage as an accessory structure to a single-family dwelling.
(2) 
Such garages shall be permitted only in a side yard and shall meet all of the setback requirements from the front, side (both minimum and aggregate), and rear property lines as are required for a detached single-family dwelling within the zoning district.
(3) 
Such garages shall not exceed the maximum permitted height or the height/setback ratio limitations for a detached single-family dwelling within the zoning district.
[Added 7-1-2003 by L.L. No. 3-2002]
A. 
All game courts shall have surfaces of acrylic emulsions, or such other material as may be approved by the Building Inspector of the Village, upon such documentation as may be reasonably required by the Building Inspector, and produced by the applicant, which shows to the reasonable satisfaction of the Building Inspector, that such material will similarly decrease the noise from the bouncing of balls. All such surfaces shall be free of lead, mercury, asbestos, formaldehyde, and any other hazardous material, as defined by the New York State Department of Environmental Conservation or the United States Environmental Protection Agency. No game courts shall have surfaces of concrete or asphalt.
B. 
Notwithstanding any of the setback requirements in this chapter, no game court shall be located closer than 40 feet from the nearest side or rear property line.
C. 
All game courts shall be completely screened from adjoining properties by a living screen of coniferous trees. Said trees shall be of a height, when planted, of not less than six feet and shall be planted five feet on centers, and not more than 10 feet away from the game court, on all sides of the court. The Building Inspector may waive the requirement for some of the required screening when, and to the extent, in his or her reasonable opinion, the principal building on the premises is in a position to provide a portion of such screening. Said coniferous screening shall consist of Canadian hemlock or an alternate growth of nondeciduous stock, as approved by the Building Inspector, and shall be maintained and/or replaced, as necessary or when otherwise reasonably required by the Building Inspector, so long as the game court remains in existence.
D. 
The height of the playing surface of the game court shall not be above the existing level of the ground immediately surrounding the game court area prior to construction of the game court, except to permit usual surface drainage.
E. 
No game court shall be so constructed or maintained so as to permit any drainage water to flow onto adjoining properties.
F. 
The use of a game court is prohibited at all times except between 8:00 a.m. and sunset on weekdays, excluding holidays, and except between 9:00 a.m. and sunset on Saturdays, Sundays, and holidays.
[Added 8-21-2002 by L.L. No. 6-2002; amended 4-12-2010 by L.L. No. 3-2010]
G. 
The surface of all game courts shall be green, with either white, black, or green lines for marking the relevant play areas of the court, or such other colors as may be approved by the Architectural Review Board of the Village.
[Added 11-6-2006 by L.L. No. 10-2006]
H. 
No game court shall be used for the playing of hockey or any other game in which a puck or other hard object is hit or otherwise caused to be sent in a manner in which it can travel onto or across an adjoining property, public or private, unless such game court is fenced and screened as herein provided:
[Added 10-6-2008 by L.L. No. 5-2008]
(1) 
Such fence shall be comprised of black mesh netting supported by black galvanized steel poles. The size of the mesh shall be too small for the puck or other object being played with on the game court to pass through. Such fence shall meet the following specifications:
(a) 
The netting shall be knotless 3.5mm polypropylene high tenacity impact/barrier mesh.
(b) 
The fence shall have both top and bottom poles of black galvanized steel tubing, with not less than a two-inch outside dimension.
(c) 
The fence shall have vertical poles, not further than 10 feet apart, of black galvanized steel tubing, with not less than a two-inch outside dimension.
(d) 
The vertical poles shall be set in concrete, in accordance with a plan for the entire fence approved by the Building Inspector, to assure conformity with this section and structural integrity.
(2) 
Notwithstanding any limitations in this chapter to the contrary, such fence shall be 10 feet in height measured along the vertical distance from the top of the proposed fence to the level of the nearest portion of such game court.
(3) 
Such fence shall be immediately adjacent to such game court and shall completely surround the game court except, at the option of the owner of the premises, at such locations facing directly upon the principal dwelling on the lot, so long as, in the opinion of the Building Inspector, the lack of a fence at such location will not reasonably result in a puck or other hard object being caused to be sent from such game court onto or across an adjoining property.
(4) 
The entrance through the fence to the game court shall be at a location that, in the opinion of the Building Inspector, will not reasonably result in a puck or other hard object being caused to be sent through such entrance onto or across an adjoining property; even if such entrance has a gate, since such gate may not always be closed.
(5) 
The Village Architectural Review Board shall review all such fences after they have been erected to determine whether they should be screened in whole or in part from adjacent properties, public and private. In the event that the Architectural Review Board shall require any screening, such screening shall be planted in such manner and within such time period as shall be determined by the Architectural Review Board.
(6) 
Such fence and any plantings that may be required shall be properly maintained, repaired, and replaced, as may be appropriate, in the determination of the Building Inspector.
[Added 11-12-2003 by L.L. No. 9-2003]
A. 
No patio shall be located within the required front yard setback.
B. 
No patio shall be located closer than 12 feet to the nearest side or rear property line.
[Added 1-3-2005 by L.L. No. 1-2005]
A. 
Prohibitions: No aboveground exterior heating, cooking, or motor fuel (gasoline, diesel, kerosene, or similar fuel), oil, or other liquid petroleum, liquid propane, or other liquid fuel tanks or containers shall be permitted within the Village.
B. 
Exemption: The foregoing prohibitions shall not preclude the aboveground use of portable liquid propane in safe and secure tanks of 25 pounds or less, as typically used for home barbeque grills.
[Amended 1-9-1984 by L.L. No. 1-1984; 5-6-1996 by L.L. No. 1-1996]
Accessory buildings or structures shall be located not less than 60 feet from all street lines while conforming to the requirements of the above § 200-11C.
[Amended 5-6-1996 by L.L. No. 1-1996; 11-7-2005 by L.L. No. 9-2005]
The height provisions of this chapter shall not apply to the erection of chimneys or flues, except that no chimney or flue shall exceed the height of the building whereon it is erected by more than that amount required by the Building or Fire Code of the State of New York, which, in no event, shall exceed two feet.
[Amended 5-6-1996 by L.L. No. 6-1996; 7-14-2008 by L.L. No. 4-2008]
A. 
No attached garage shall have a rear wall that is closer to the rear lot line of the lot than the rearmost portion of the room of the dwelling to which the garage is attached.
B. 
No garage, whether attached or detached, shall have garage doors providing vehicular access to or from such garage to a rear yard.
C. 
No garage, whether attached or detached, shall have garage doors providing vehicular access to or from such garage to a side yard unless the driveway providing such access shall at no point be closer than 25 feet to any rear property line.
[Amended 12-7-2009 by L.L. No. 4-2009]
D. 
No driveway or turnaround area for such driveway shall be in a rear yard, except to the extent necessary, and as shall be approved by the Village Building Inspector where an encroachment into such rear yard, not exceeding 15 feet, is required to accommodate a turnaround.
E. 
Driveway width shall not exceed 12 feet, except to the extent necessary, and as shall be approved by the Village Building Inspector where additional width is required to accommodate a turnaround or within 12 feet of the garage doors to multiple-car garages.
F. 
Except for garages that have garage doors providing vehicular access to or from such garage to a side yard, no portion of a driveway or turnaround area shall be closer to a side or rear property line than the garage to which such driveway is providing access.
G. 
For garages that have garage doors providing vehicular access to or from such garage to a side yard:
[Amended 12-7-2009 by L.L. No. 4-2009]
(1) 
Within all residence districts except R-12, no portion of a driveway or turnaround area shall be closer to a side property line than 15 feet; and
(2) 
Within R-12 residence districts, no portion of a driveway or turnaround area shall be closer to a side property line than five feet.
The depths of all front yards will be measured from existing street lines, or, where a street has been widened or is proposed to be widened and this new width has been duly authorized and recorded on a duly filed map, the depth of front yards shall be measured from the new street lines.
Nothing in this chapter shall prevent the restoration of a building destroyed by fire, explosion, act of God or act of a public enemy, to the extent of not more than 50% of its reconstruction cost, or prevent the continuance of the use of such building or part thereof as such use existed at the time of such destruction in such building or part thereof, or prevent a change of such existing use under the limitations provided by Article X of this chapter. But any building destroyed to an extent exceeding 50% of its reconstruction cost at the time of such destruction may be reconstructed and thereafter used only in conformity with all provisions of this chapter. Nothing in this chapter shall prevent the restoration of a wall declared unsafe by the Building Inspector.
[Amended 5-6-1996 by L.L. No. 6-1996]
No lot shall be sold, divided or set off in such a manner that either the portion sold, divided or set off, or the portion remaining, shall be less than the minimum size prescribed by the regulations relating to the district in which it is situated; shall fail to provide the yards or other open spaces required by the regulations relating to the district in which it is situated in respect to any building or other structure or use then existing; shall fail to provide the minimum building area required by the regulations relating to the district in which it is situated in respect to any building or other structure or use then existing; shall contain any building or other structure or use not permitted by the provisions of this chapter; shall fail to have the street frontage required by the regulations relating to the district in which the lot or any part thereof is situated; or shall directly or indirectly violate any of the terms or conditions heretofore or hereafter imposed by the Zoning Board of Appeals in granting a variance or special exception under the provisions of this chapter or upon an appeal under the provisions of the Village Law; unless the portion which fails to comply with the foregoing requirements is added to and becomes part of an adjoining lot in such a way that the adjoining lot, as so enlarged, complies with all of such requirements, and shall be subject to the approval of the Planning Board.
All adjoining parcels of property now or hereafter held in common ownership, regardless of the nature of the constituent parcels or the date, source or manner of acquisition, shall be deemed merged into a single lot and shall be subject to the provisions of this chapter to the same extent as if it had constituted a single lot at the date this chapter was adopted.
[Added 5-4-1981 by L.L. No. 4-1981]
The outside storage of motor homes, mobile homes, campers, minibuses, buses, house trailers, boats, boat trailers and trucks is prohibited in all residential districts. The phrase "outside storage," as used herein, shall mean the continuous placement of one or more of the objects enumerated herein in a residential district for more than a twelve-hour period.
[Added 1-7-1985 by L.L. No. 1-1985]
No person shall cause, suffer or permit the erection, construction, installation, relocation and/or maintenance of any parabolic or hemispheric disc or other similar antenna or device, the purpose of which is to receive television, radio and/or microwave or other electrical or similar signals from satellites or from ground facilities which transmit such signals, except as set forth herein.
A. 
General restrictions.
(1) 
No more than one parabolic, hemispheric or similar antenna shall be erected, constructed, installed or maintained on a single lot or premises, and it shall not be erected, constructed or installed upon the roof of any building or accessory building. No such erection, construction, installation and/or maintenance shall be permitted or continued except when permitted by special exception by the Zoning Board of Appeals after public hearing in compliance with the provisions of this chapter. The first permit granted to any applicant under this section shall be conditional and shall be for a period of not more than two years. Any application for renewal of any such conditional permit shall be acted upon in the same manner as an initial application.
(2) 
Irrespective of when constructed and irrespective of the material out of which it has been constructed, the parabolic disc or similar antenna and all supporting structures shall be considered a structure with respect to building area and shall comply with all rules and regulations regarding accessory structures.
(3) 
Any parabolic disc or antenna shall be located only in the rear yard of any lot.
(4) 
The use of any illumination for the parabolic disc or antenna is strictly prohibited.
(5) 
All connections shall be made so that wiring and supporting cables will not be visible from the street.
B. 
All applications for permits shall be filed with the Zoning Board of Appeals of the Incorporated Village of Roslyn Estates. The application to the Zoning Board of Appeals shall describe the subject premises by street address and by section, block and lot number, and shall describe the present use of the premises. In addition, the application shall be accompanied by the following:
(1) 
A location survey showing existing structures upon the premises, their location and distance from the proposed disc or antenna, the dimensions of the parabolic disc or antenna, the setbacks of the parabolic disc or antenna from each property line and all properties and structures within a two-hundred-foot radius of the premises showing the names and street addresses of the record owners of such property.
(2) 
A detailed plan showing the material from which the parabolic disc or antenna is to be constructed and the proposed color of the parabolic disc or antenna.
(3) 
A landscape plan, illustrating adequate screening of the parabolic disc or antenna which will be provided to screen the parabolic disc or antenna from the roadway and adjoining property owners. All screening required shall be by coniferous trees and shall be of sufficient height and density to screen 100% of the parabolic disc or antenna from sight at ground level from the roadway and from properties located within a two-hundred-foot radius of the premises during the entire year.
(4) 
A deposit to defray expenses.
(5) 
The appropriate filing fee.
(6) 
Such other information or data as may be required by the Zoning Board of Appeals.
C. 
Prior to the public hearing held by the Zoning Board of Appeals, the applicant shall file certification of notice showing that all property owners within 200 feet of the applicant's property were notified, in writing, by the applicant of his application by registered mail or certified mail, return receipt requested, at least 10 days and no more than 21 days before the date scheduled for the public hearing.
D. 
No application for a special use permit for the erection, construction, installation, relocation or maintenance of a parabolic disc or other similar antenna shall be granted by the Zoning Board of Appeals unless the following requirements are met:
(1) 
The applicant shall, in writing, agree to remove the parabolic disc or antenna at its own expense if the applicant moves, if the premises are sold or, in the case of a corporation, if there is a transfer of 10% or more of the stock of the corporation, and shall post a performance bond in an amount sufficient to cover the cost of such removal.
(2) 
The applicant shall, in writing, agree to maintain and/or replace the screening as shown on the landscape plan. In the event that the applicant fails or refuses to properly maintain the screening, after notice to the applicant and a hearing before the Board of Trustees, the Village may maintain or replace the screening, or parts thereof, at the cost and expense of the property owner. Any unreimbursed costs incurred by the Village will become assessed against the property.
(3) 
The diameter or width of any parabolic disc or antenna shall not exceed 36 inches.
(4) 
The parabolic disc or antenna is not attached to the roof of any building or accessory building.
E. 
In ruling upon the request for permission to construct or erect a parabolic disc or similar antennas, the Zoning Board of Appeals shall consider the proposed location of such disc or antenna and its impact on adjoining properties.
[Added 10-15-2018 by L.L. No. 3-2018]
A. 
Renting, leasing or letting of a single-family dwelling by a homeowner to another family or individual for 120 consecutive days or more while the owner does not occupy the premises is a permitted use. No more than two such rentals, leases or lettings may occur in any 365-day period. No person shall rent, lease or let a single-family dwelling for a term less than 120 consecutive days during a 365-day period. The homeowner must notify the Village Clerk of the name and contact telephone number of each individual occupying any premises upon any rental, lease or letting authorized under this section.
B. 
If this section causes a significant hardship to any property owner, then the owner may make written application to the Board of Trustees requesting an exemption from the provisions of this section. After due notice and a public hearing on such application, the Board of Trustees may grant such exemption and impose any conditions as may be deemed reasonable or necessary. No exemption shall be granted pursuant to this section, except upon a determination in the sole discretion of the Board of Trustees that significant hardship to the applicant results from the application of the provisions of this section to the applicant, and that, under all relevant circumstances, such exemption is not likely to adversely impact the health, safety or welfare of the Village or its residents. In rendering its decision on any application for an exemption, the Board of Trustees will consider whether the applicant has previously requested exemptions, as the frequency of exemptions granted may impact the health, safety or welfare of the village or its residents.
C. 
Notwithstanding any contrary provision contained in § 200-74 of this chapter, each and every violation of, or failure to comply with, any provision of this section shall constitute a violation, punishable as follows: for a conviction of a first offense, by a fine not more than $7,500, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; for a conviction of a second offense, both of which were committed within a period of five years, by a fine not less than $7,500, nor more than $15,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; and, for a conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine not less than $15,000, nor more than $30,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each week's continued violation shall constitute a separate additional violation hereunder. For each and every violation hereunder, the owner of a building or premises where any such violation has been committed, or shall exist, and each of the lessee or tenant of an entire building or entire premises where any such violation has been committed or shall exist, and each of the owner, lessee or tenant of any part of a building or premises in which part any such violation has been committed or shall exist, and each other person who knowingly commits, takes part or assists in any such violation, or who maintains any building or premises in which any such violation shall exist, shall be liable hereunder with respect to such violation.