A. 
No lot area shall be reduced or diminished so that the area of the yards and courts shall be smaller than prescribed by this chapter. No existing buildings shall be altered, enlarged or rebuilt except in conformity with the regulations herein prescribed.
B. 
The area required in a court or yard at any given level shall be open from such level to the sky unobstructed, except for the ordinary projections of parapet above the bottom of such court or yard and except for the ordinary projections of windowsills and belt courses, to the extent of not more than four inches, cantilevered window air conditioners to the extent of not more than one foot, and of cornices and roof overhangs to the extent of not more than three feet. No other structures, as defined herein, shall be permitted in the area required for a side yard or court.[1]
[Amended 3-17-1960; 5-17-2001 by L.L. No. 2-2001]
[1]
Editor's Note: Original Subsections 600(3) and (4), which immediately followed this subsection, were deleted 6-4-1990 by L.L. No. 2-1990.
Notwithstanding any provisions of this chapter, no public parking place shall be conducted in any district, except when owned or controlled by the municipality or its agents, unless approved by the Board of Zoning Appeals.
On any lot in any district, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained which may cause danger to traffic on a street by obscuring the view.
Nothing herein contained shall require any change in the plans, construction or designated use of a building, the construction of which shall have been begun at the time this chapter takes effect and which entire building shall have been completed within one year from the date of the adoption of this chapter.
[Amended 10-10-1965]
In any residence district, no billboard, signboard or advertising sign, including a sign appearing on any vehicle parked within the Village denoting the business of its owner or lessee, which is visible from any public highway or road or from the waters of Long Island Sound, Northport Bay or Duck Island Harbor, shall be permitted, except the following:
A. 
One sign not exceeding one square foot of area displaying the street number or name of the premises or name of the occupant of the premises or all of the above. Such sign shall not be illuminated.
B. 
One "for sale" or "for rent" sign not exceeding four square feet in area and advertising the property on which the same is erected. Such signs shall in no case be located within 15 feet of any road or street line.
C. 
Building contractors' and subcontractors' signs maintained on buildings while the same are actually under construction, provided that no such sign shall exceed four square feet in area or be located nearer than 15 feet to the road or street line.
D. 
Temporary signs referring to the land on which the sign is erected, only when approved by the Clerk of the Village, provided that no permit for any such temporary sign shall be granted for more than one year. In granting a permit for the erection of such temporary sign, the Clerk of the Village shall fix the location and size thereof and shall limit the purpose for which such temporary sign shall be erected.
E. 
A vehicle on which a business sign appears may be temporarily parked when the driver or occupant of such vehicle has business with the occupant or owner of the premises on which the vehicle is parked.
[Added 10-10-1965]
[Added 3-17-1960]
No automobile trailer or vehicle designed to be used for human habitation shall be used, stored or parked in the Village, except that such trailer or vehicle may be stored or parked inside a private garage.
[Added 12-18-1960; amended 3-2-1970]
A. 
The number of motor vehicles, including trucks and motorcycles, which may be placed at any one time on any vacant parcel of land in the Village in A Residence Districts, which is bounded by Long Island Sound or across Asharoken Avenue from a vacant parcel bounded by Long Island Sound and owned by the same person, shall be limited in accordance with the width of said parcel, measured along Asharoken Avenue, as follows:
(1) 
As to all parcels in separate ownership of less than 20 feet in width as of July 1, 1960, no more than two motor vehicles may be placed thereon at one time.
(2) 
As to all parcels in separate ownership of 20 feet or more in width as of July 1, 1960, no more than three motor vehicles, plus one motor vehicle for every full 10 feet in excess of 20 feet in width, may be placed thereon at one time; that is, if said parcel is 30 feet in width, or up to 39 feet, no more than four motor vehicles are permitted; if said parcel is 40 feet in width, or up to 49 feet, no more than five motor vehicles are permitted, etc.
(3) 
As to all parcels which may be divided into smaller parcels in separate ownership after July 1, 1960, the limitations as to number of motor vehicles specified in Subsections A(1) and (2) hereof shall apply, except that no motor vehicle shall be placed at any time on any parcel which is thereafter subdivided into less than 20 feet in width.
B. 
No more than three vehicles, including trucks and motorcycles, may be placed at any one time on any other vacant parcel of land in the Village. Adjoining vacant parcels of land, on the same side of the street, owned by the same person are to be considered one parcel for the purpose of this subsection.
C. 
Each owner of a vacant parcel desiring to place or allow any other person to place a motor vehicle thereon shall, on or before May 1 of each year, apply to the Village Clerk for a permit card, and no vehicle shall be placed thereon by any person without such card.
[Amended 6-2-1975 by L.L. No. 2-1975]
D. 
Before placing a motor vehicle on any vacant parcel north (Long Island Sound side) of Asharoken Avenue from property now or formerly of Bergold (296 Asharoken Avenue) up to property now or formerly of Morgan (across from Bevin Road entrance), the owner of such parcel, in addition to complying with the foregoing regulations, shall apply for permission to the Board of Trustees. Permission by the Board shall be granted only if, in its judgment, the driving and placing of motor vehicles on such parcel will not endanger the Village highway or other property in the Village by reason of disturbance of sand dunes or natural growths which serve as protection in this narrow strip from the waters of Long Island Sound.
E. 
Exceptions to the above limitations on the number of permit cards issued for each parcel may be granted by the Board of Trustees, in its discretion, if, since at least July 1, 1960, such parcel has been jointly owned or more than one person has had the right to the use thereof as established by deed, charter or other written instrument; but notwithstanding the issuance of such additional cards, no more motor vehicles than above specified shall be placed at any one time on such parcel.
F. 
In case of some special event, the Board of Trustees, or the Mayor, under instructions from the Board, may grant to the owner the right to place on a parcel more than the above prescribed number of motor vehicles, upon such conditions as the Board may deem advisable to impose.
G. 
A vacant parcel of land shall not be deemed to include unimproved land adjoining, on the same side of the street, land on which a house is located, where all of such land is owned by the same person.
[Added 9-10-1962]
A. 
Swimming pools may be installed in A, B or C Residence Districts only as accessory structures to a dwelling for the private use of the owners or occupants of such dwelling and their families and guests.
[Amended 2-3-1964]
B. 
No swimming pool shall be installed, maintained or enlarged unless:
(1) 
No portion of such pool shall exceed a height of 18 inches from ground level.
(2) 
There shall be erected and maintained a good-quality close-woven fence at least four feet in height, enclosing the entire portion of the premises upon which such pool shall be installed other than any portion where the side of the dwelling serves as part of the enclosure.
[Amended 9-5-1967]
(3) 
Every gate or other opening in the fence enclosing such pool, except an opening through the dwelling or other main building of the premises, shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at such pool, and shall be equipped with self-closing devices.
(4) 
A maintenance area of at least four feet shall be maintained between the pool fencing and the sidewalks of the pool.
(5) 
Such pool area shall not occupy more than 40% of the open area of the rear yard.
(6) 
If the water for such pool is supplied from a private well, there shall be no cross connection with the public water supply system.
(7) 
If the water for each pool is supplied from the public water supply system, the inlet shall be above the overflow level of the pool.
(8) 
Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.
(9) 
The walls and floors of such pool shall be constructed of impervious material which shall provide a tight tank of sufficient strength to contain the water therein.
(10) 
Such pool shall be so located that no current-carrying electrical conductors shall cross it, either overhead or underground.
C. 
No permission shall be granted for the installation of any swimming pool unless the plans therefor meet the approval of the Village of Asharoken Building Department construction requirements, until the owner of the premises has filed with the Building Department a certification approved by a professional engineer licensed by the State of New York that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities, with adjoining property owners or with the public highways. A fee computed in the same manner as under § 42-4 of the Village Building Administrative Ordinance shall be paid to the Village Clerk at the time of application for a swimming pool permit.
D. 
Swimming pools shall, for the purposes of this chapter, be construed to mean any tank, depression or excavation in any material, dike or berm constructed, erected, excavated or maintained which will cause the redraining of water to a greater depth than 18 inches and having a larger plane surface area of water greater than 100 square feet. The word "pool" shall include both indoor and outdoor water pools, but as to indoor pools Subsections B(1), (2), (3), (4) and (5) hereof shall not apply.
E. 
Should the owner abandon the pool, he shall arrange to remove the depression and return the surface of the ground to its original grade and approximately in the same condition as before the pool was constructed, and he shall further notify the Building Department of the Village of Asharoken of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.
[Added 10-10-1965; amended 6-3-1968; 8-6-1973; 5-26-1994 by L.L. No. 1-1994; 9-6-1994 by L.L. No. 4-1994]
No platform, lockers, ramps, tents, awnings or other structures of any kind (other than fences or walls, or the construction of walkways or ramps when said walkway or ramp is part of the construction required to allow the recipient of a permit, issued by the Village Board of Trustees pursuant to Article IVA of this chapter, access to a permitted dock) shall be erected or placed:
A. 
On any vacant lot, land or beach at any part thereof.
B. 
On any occupied lot at any place nearer to the highway or water than a building would be permitted to extend.
C. 
On any vacant portion of a lot which is intersected by a highway or road, the occupied portion of which lot is on the opposite side of such highway or road.
D. 
This section shall not apply to temporary tents erected for a specific period of time pursuant to a permit issued by the Village Board of Trustees.
[Added 10-1-2001 by L.L. No. 3-2001]
[Added 11-2-1964]
A. 
For the purpose of these regulations, the term "subdivision" shall be defined as the division of any parcel of land, with or without streets, into two or more lots, blocks, sites or other divisions of land for the purpose, whether immediate or future, of building development.
B. 
Whenever any subdivision of land is proposed and before any contract for the sale of or any offer to sell any lots in such subdivision or any part thereof is made and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdivider or his duly authorized agent shall apply in writing for approval of such proposed subdivision to the Planning Board.
C. 
The Planning Board shall study the practicability of the proposed layout, giving special attention to the arrangement, location and width of streets, conformance of lots to the Zoning Ordinance, the arrangement of lots and their access to acceptable rights-of-way, the relationship of the lots to the topography of the land and to areas of known flooding and the need for road, drainage, water supply and other improvements.
D. 
The Planning Board shall consider the proposed subdivision plan and shall hold hearings in accordance with all requirements and regulations of Article 7 of the Village Law and shall express its approval, approval with modifications or disapproval of said subdivision, expressing in such cases its reasons for disapproval.
[Added 9-5-1967]
A. 
No building permit shall be issued for the erection or exterior alteration of any dwelling in the Village if such dwelling be excessively similar in design to any neighboring dwelling existing or for which a permit has been issued or to any other dwelling included in the same permit application, in respect to one or more of the following features of exterior design and appearance:
(1) 
Apparently identical facade;
(2) 
Substantially identical size and arrangement of either doors, windows, porticoes or other openings or breaks in the facade facing the street, including a reverse arrangement; or
(3) 
Other significant identical features, such as but not limited to construction material, roofline and height or other design elements.
B. 
A dwelling shall be deemed to be a neighboring dwelling in relation to the premises for which the permit is sought if the lot upon which such neighboring dwelling or any part of it which has been or will be erected is one of the following lots:
(1) 
Any lot on the same street upon which the dwelling to be erected or altered would front which is the first or second lot next along said street in any direction, without regard to intervening street lines.
(2) 
Any lot, any part of the street line frontage of which is across said street from the lot of such dwelling or from a lot referred to in Subsection B(1) of this subsection.
(3) 
Any lot, any part of which adjoins the lot of such dwelling at any point or adjoins a lot which adjoins the lot of such dwelling at any point.
C. 
The Superintendent of Buildings may require the applicant for a building permit to submit drawings showing the exterior appearance of such dwelling.
D. 
Any person aggrieved by the action of the Superintendent of Buildings in refusing a permit by reason of violation of this section may appeal therefrom to the duly constituted Board of Zoning Appeals of the Village in the same manner as is provided for zoning appeals.