A.
Accessory buildings, including garages, if detached
from a main building or if connected only by an open breezeway-type
structure, shall be not less than 10 feet from the main building.
B.
A private garage may be constructed as a structural
part of a main building, provided that when so constructed the garage
walls shall be regarded as the walls of the main building in applying
the front, rear, and side yard regulations of this chapter.
C.
Accessory buildings and structures, including private garages, shall not be placed within a front yard, nor within a side yard, except as provided in § 160-33. In a rear yard, accessory buildings and structures shall not be located within five feet of any property line. Such accessory structures shall be deemed to include air-conditioning equipment or other similar or related mechanical devices in accord with the definition of "structure" found at § 160-4B except that air-conditioning equipment or other similar or related mechanical devices may be located in any portion of a side yard other than a required side yard.
[Amended 9-9-2002 by L.L. No. 3-2002; 9-8-2003 by L.L. No.
2-2003]
D.
Driveways.
[Amended 5-10-1993 by L.L. No. 9-1993; 8-8-1995 by L.L. No. 5-1995; 9-9-2002 by L.L. No.
3-2002; 12-14-2020 by L.L. No. 1-2021]
(1)
In residence districts other than the Residence B
District.
(a)
On a property with a detached garage, the section
of the driveway running from the street line must be no more than
12 feet in width. The driveway width is allowed to flair or angle
within the first five feet off the street line with the maximum width
of this "apron" at the street line to be a total of 15 feet and must
be centered on the driveway. The section of the driveway running from
the garage may be permitted to be 28 feet in width, provided that
section shall be no more than 20 feet in length.
(b)
On a property with an attached garage, the driveway
is permitted to be a maximum of 18 feet in width. The driveway may
flare up to 12 inches on either side of the garage doors for the length
of two feet from the structure. The driveway width is allowed to flair
or angle within the first five feet off the street line with the maximum
width of this "apron" at the street line to be a total of 21 feet
and must be centered on the driveway.
(c)
All driveways being adjusted in size must contain
the drainage of stormwater on the subject property. The Building Inspector
may require such drainage retention documentation as needed to confirm
compliance. Any existing nonconforming driveway being replaced the
driveway in-kind can remain nonconforming.
(2)
Driveways in the Residence B District. In the case
of an alteration to an existing driveway with an attached garage,
said altered driveway may be a maximum of 16 feet in width and may
be permitted into that portion of the front yard between the sidelines
of the principal building as necessary to provide for such overall
width as long as the distance between the altered driveway and the
adjacent property equals two feet in width. The actual curb cut shall
not exceed 10 feet in width as measured along the curb exclusive of
any flaring or angling of the curb cut, except as may be required
to provide for adequate access of vehicles.
(a)
The owner shall densely landscape and maintain
the area between the driveway and adjacent property with evergreen
shrubs no less than 30 inches in height. Heights above said height
shall be allowable; however, heights that may cause obstruction or
may limit the line of vision, or in any way create a safety hazard,
are prohibited.
(b)
For the purposes of the above, the term "densely"
is used to describe a general type, species and shrub spacing necessary
to create a green buffer between the subject and adjacent properties.
(3)
In each residence district, a driveway may be located
within a required yard.
(4)
In all residence districts where there is no garage,
the driveway may not exceed 10 feet in width.
(5)
Existing driveways and curb cuts, whether conforming
or nonconforming, may be replaced in kind. However, if the existing
driveway in any residence district other than the Residence B District
is to be relocated or altered in any shape or form, the new driveway
shall conform to all provisions of the within section, notwithstanding
any other provisions of the within Code.
(6)
With the exception of circular driveways and as provided
with respect to the Residence B District, no portion of any driveway
shall extend into that portion of the front yard between the sidelines
of the principal building. There shall be only one driveway permitted
on any lot in the Village. Further, on corner lots, the driveway shall
also not extend between the front and rear lines of the building.
E.
Off-street parking areas; parking in front yards.
(1)
Accessory outdoor off-street parking areas for motor vehicles shall not be located or maintained in a required front or side yard and shall not be less than 10 feet from any lot line, except as provided in § 160-36B(5). Any such outdoor off-street parking area in a residence district shall be screened by evergreen plantings maintained at a height of at least four feet.
(2)
No automobile, motor vehicle or motorcycle shall be
parked or left standing on any portion of the front yard of any property
in the Village of East Williston except upon that portion of the front
yard covered by a driveway. For purposes of this subsection, "driveway"
shall mean the path leading directly from a street to a garage, exclusive
of the sidewalk, and shall not include slabs, chevrons or aprons built
to the side of the driveway, except that in the absence of a garage
on the premises, "driveway" shall mean that portion of the front yard
along the side lot line of the premises designated for the parking
of motor vehicles.
F.
No house trailer, mobile home, horse trailer, boat or boat trailer, or any similar equipment shall be parked or stored in any front yard or in any required side yard or within 10 feet of any lot line. Any such vehicle or stored vehicle or equipment shall be screened from view from adjacent properties by appropriate maintained evergreen plantings or, if possible, by a fence or wall erected in conformance with the provisions of § 160-37. The parking or storage of a commercial vehicle on a lot in any district other than the Business District shall not be deemed an accessory use and is prohibited, except that the parking or storage of one commercial vehicle not exceeding one ton owned and used by the owner or tenant of the lot wholly within a private garage located on said lot shall be deemed an accessory use and is permitted. For the purposes of this section "commercial vehicle" shall be defined as any classification of vehicle under § 501-a of the Vehicle and Traffic Law other than "personal use vehicle" which shall be defined as follows: a vehicle constructed or altered to be used for recreational purposes which is exclusively used to transport family members and for personal possession of such family members for nonbusiness recreational purposes by the operator, or a rental truck which is exclusively used to transport personal possessions of the person who rented the truck for nonbusiness purposes.
[Amended 5-10-1993 by L.L. No. 9-1993]
G.
No unlicensed vehicle shall be parked or stored outdoors.
H.
Accessory off-street parking or truck loading areas
shall be improved in accordance with Village specifications.
I.
Required accessory off-street parking area or truck
loading space shall not be encroached upon by buildings, open storage,
or any other use.
J.
The storage of manure or of odor- or dust-producing
substances as an accessory use shall not be permitted within 50 feet
of any side or rear lot line or within 100 feet of any front lot line.
K.
The keeping of more than two dogs more than six months
old in outdoor shelters or pens or the keeping of any horses or farm
livestock on the premises shall be prohibited.
L.
The following accessory uses, buildings and structures
shall be prohibited in all districts:
(1)
Dish antennas shall be permitted to the extent that
they must be located within the backyard and may not exceed 18 inches
in diameter, and, notwithstanding the foregoing, dish antennas shall
otherwise be permitted to the extent that the same are in compliance
with all federal rules and regulations with respect to the same.
[Amended 2-12-1996 by L.L. No. 2-1996]
M.
No accessory lighting facilities shall be permitted
on any lot which direct light onto any abutting properties or create
glare visible from any abutting properties, and any lighting controlled
by sensor be shall be trained to the property line and rendered incapable
of activation by objects outside the property line.
[Amended 5-10-1993 by L.L. No. 9-1993]
N.
Village residents shall be permitted to place and
maintain curbing between their property and the Village property along
the street line provided that said curbing is composed of Belgian
block only. Said curbing shall be deemed a structure for the purposes
of the Municipal Code and shall require a permit and all other appropriate
inspection as required by this Code with respect to structures within
the Village.
[Added 12-11-1995 by L.L. No. 6-1995]
O.
No garages shall be permitted to be partially or fully
below finished grade.
[Added 5-11-1998 by L.L. No. 4-1998]
P.
No exterior flue shall be attached to a building or
structure without the same being enclosed within siding or similar
material matching the wall to which the same is attached.
[Added 9-9-2002 by L.L. No. 3-2002]
Q.
Home occupation. The carrying on of a home occupation by a person
residing in the dwelling unit in which such home occupation is carried
on is permitted in residential districts, provided that there is no
display of goods or advertising visible from any street, that no assistant
is employed, that no mechanical or electrical equipment is used except
ordinary equipment, and provided further, that such home occupation
is not carried on in any accessory building.
[Added 1-11-2021 by L.L. No. 1-2022]
[Amended 12-14-2020 by L.L. No. 1-2021]
A.
With respect to lot coverage.
(1)
In addition to the district regulations limiting total
building area coverage of lots, no more than 40% of the property located
between the rear property line and the required rear yard setback
shall be covered with accessory buildings and structures.
(2)
The calculation of this percentage of rear yard coverage
shall include those yard areas covered by temporary structures, including
but not limited to decks, patios, sheds and open storage of more than
an incidental transitory character.
B.
With respect to yards.
(1)
The following accessory structures may be located
in any required front yard:
(3)
Every part of a required yard shall be open to the
sky unobstructed, except for accessory buildings and structures in
a rear yard and the ordinary projection of sills, belt courses, and
ornamental features projecting not more than six inches and cornices
and eaves projecting not more than 18 inches from the building wall.
(4)
Open or lattice-enclosed fireproof fire escapes or
stairways, required by law, projecting into a yard not more than four
feet, and the ordinary projections of chimneys and pilasters shall
be permitted by the Building Inspector when placed so as not to obstruct
light and ventilation.
(5)
Where a lot extends through from street to street
or is located on a corner, the applicable front yard regulations shall
apply on both street frontages.
(6)
The following minimum required transitional yards
and screening shall be provided within nonresidential districts adjoining
residential districts in order to assure orderly and compatible relationships
along such boundary lines:
(a)
Minimum required transitional side and rear
yards shall be 10 feet.
(b)
The minimum required screening with such transitional
side and rear yards shall be six-foot-high evergreen landscape planting
to be established and maintained by the nonresidential property owner
along side and rear property lines.
A.
Nothing herein contained shall restrict the height
of the following architectural and structural features:
(1)
On any public or semipublic building, a spire, cupola,
dome, belfry or clock tower.
(2)
Flagpole, chimney flue, elevator or stair, bulkhead,
or water tank as accessory facilities to permitted or conditional
uses in a given district.
(3)
Radio or television tower, transmission line or tower
or similar structure necessary as a public service facility only after
approval as a conditional use by the Village Board of Trustees.
B.
No building or structure erected pursuant to this § 160-34 to a height in excess of the height limit for the district in which it is situated shall:
C.
No private radio or television antenna, mast or tower
shall exceed the maximum permitted height prescribed for the district
in which such proposed structure is to be located.
D.
No deck or similar structure shall have a floor elevation
more than three feet above the finished grade over which such structure
is located.
E.
Balcony restriction. Balconies shall be permitted
within the Village of East Williston, except that no balcony may be
functional. Only balconies that are decorative in nature shall be
permitted. In any event no access doorways shall be permitted.
[Added 5-10-1993 by L.L. No. 9-1993; amended 5-11-1998 by L.L. No. 4-1998]
A.
Professional signs and announcement signs in residential
districts.
(1)
A professional sign or an announcement sign for a
home professional office shall bear only the name and profession of
the resident. Such signs shall have a maximum area of 1/2 square foot
and may be located on the building wall or in the required front yard,
provided that it is set back at least 10 feet from all property lines
and is not more than five feet above the natural ground level at its
location.
(2)
A church or other place of worship may have one announcement
sign, not over 18 square feet in area, on each public street frontage
of its property, either fixed on the main wall of the building or
located in the required front yard, provided that it is set back at
least 20 feet from the front property line and at least 25 feet from
all other property lines.
(3)
A parish house, club, school, or public or semipublic
building may have one announcement sign not over six square feet in
area on each public street frontage of its property, either fixed
on the main wall of the building or located in the required front
yard, provided that it is set back at least 20 feet from the front
property line and at least 25 feet from all other property lines.
(4)
A church or other place of worship, a parish house,
club, school, or public or semipublic building may also have one temporary
announcement sign, not over 32 square feet in area, on each public
street frontage of its property, located in the required front yard,
for a period not exceeding 30 days, for the purpose of announcing
a special event, provided that it is set back at least 20 feet from
the front property line and at least 25 feet from all other property
lines. The sign permit for such a temporary sign shall automatically
be deemed to be revoked 30 days after the date of issuance of such
permit, and such temporary sign shall be removed from the premises
upon the revocation of such permit. There shall be no fee for the
permit for such temporary sign.
(5)
Such signs may be double-faced.
B.
C.
Real estate and construction signs shall be prohibited.
D.
General provisions.
(1)
The area of a sign shall be determined by the smallest
rectangle that encompasses all of the letters or symbols that make
up the sign together with the area of any background of a different
color or material than the general finish of the building, whether
painted or applied.
(2)
The outlining by direct illumination of all or part
of a building such as a gable, roof, wall, side or corner is prohibited,
except during the Christmas season.
(3)
No flashing or moving signs or rooftop signs shall
be permitted in any district.
(4)
Illumination of signs shall be accomplished by means
of shielded light sources and in such a manner that no glare shall
extend beyond the property lines or disturb the vision of passing
motorists.
(5)
Temporary or permanent signs resting on or attached
to vehicles shall not be used as a means to circumvent the provisions
of this chapter.
(6)
No sign shall be so located as to detract from or
obstruct historical buildings from public view.
(7)
Off-premises advertising signs, or billboards, are
prohibited in all districts.
(8)
Nothing contained in this chapter shall be construed
to prohibit the Village or any other governmental agency from erecting
and maintaining public signs deemed to be necessary in the public
interest.
(9)
All nonpublic signs, except for residence nameplates and street number signs not exceeding two square feet that are accessory to residence buildings, shall have an approved building permit and permit number issued by the Village Clerk after authorization by the Building Inspector pursuant to § 160-47.
A.
General. Off-street parking and truck loading spaces
shall be provided and kept available as an accessory use to all permitted
and conditional uses of buildings, structures, and lots in amounts
not less than those specified in this section.
B.
Method of determining off-street parking space requirements.
(1)
The requirement for a single use (e.g., a one-family
dwelling or a retail store) shall be determined directly from the
schedule of such requirements which is part of this section.
(2)
The requirement for a combination use made up of several
component uses (e.g., a retail store combined with an office building)
shall be determined by establishing the requirement for each component
use from the schedule of such specific requirements which is part
of this section and adding them together.
(3)
When the required number of spaces is determined to
result in a fraction, it shall be increased to the next highest whole
number.
(4)
If the use is not specifically listed in the schedule
of such requirements, the requirements shall be the same as for the
most similar listed.
C.
Schedule of the off-street parking space requirements
for specific uses.
|
Uses
|
Requirement: Number of Spaces
| |
|---|---|---|
|
One-family and two-family dwellings
|
2 per dwelling unit plus 1 additional space
for each bedroom in excess of 3 bedrooms
| |
|
Multifamily dwelling
|
2 per dwelling unit, provided that at least
1 per dwelling unit shall be enclosed within the dwelling structure
| |
|
Auditorium or place of public assembly in a
church or other place of worship, parish house, Sunday school, club,
lodge, community building, school, academy, seminary, library, museum,
funeral home
|
1 per 3 permanent seats, or 1 per 40 square
feet of seating area where fixed seating is not provided, plus 1 per
employee
| |
|
Bank, savings and loan association
|
Same as office plus a 10-space queuing line
for each drive-in teller's window
| |
|
Home professional office
|
2 for the first 150 square feet of floor area
given over to such use plus 1 for each additional 150 square feet
or fraction thereof, plus 1 per nonresident employee
| |
|
Retail store and personal service establishments
|
1 per 300 square feet of gross floor area but
not less than 25% of the lot area
| |
|
Office, office building, medical arts or ambulatory
care clinic
|
1 per 150 square feet of gross floor area
|
D.
Truck loading requirements.
(1)
Every building or structure or lot used for nonresidential
purposes shall be provided with off-street truck loading spaces in
accordance with the following schedule:
|
Square Feet
of Floor Area
|
Requirement:
Number of Spaces
| |
|---|---|---|
|
Under 5,000
|
None
| |
|
5,000 to 14,999
|
1
| |
|
15,000 or more
|
2
|
(2)
Every multifamily dwelling shall be provided with
not less than one off-street truck loading space for each 30 dwelling
units.
E.
Private garage or off-street parking area in residence
districts; supplemental regulations.
(1)
Not more than two parking spaces per dwelling unit
may be rented to persons living off the premises in the case of a
one-family or two-family dwelling use; not more than one parking space
per each two dwelling units may be rented to persons living off the
premises in the case of any other residence use; further provided
that any such rented parking space shall be within a private garage.
(2)
Not more than one commercial vehicle shall be housed
or parked in a private garage. Such commercial vehicle shall not exceed
a gross motor vehicle weight of 10,000 pounds or 25 feet in length.
(3)
The total of all driveway curb cuts or similar vehicle
access points along a lot street line shall not exceed 20 lineal feet
in width.
F.
Nonresidential access driveway requirements.
(1)
Private garages and public parking areas may have
separate or combined entrances.
(2)
Every separate entrance or exit driveway shall have
a minimum unobstructed width of 10 feet on collector roads and 15
feet on secondary highways. Every combined entrance and exit driveway
shall have a minimum unobstructed width of 20 feet on collector roads
and 30 feet on secondary highways. Parking areas with 20 spaces or
more shall have at least two separate entrance and exit driveways.
(4)
The gradient of driveways shall be such as to facilitate
entrance and exit traffic flow.
G.
Design requirements for nonresidential off-street
parking and truck loading areas.
(1)
All accessory off-street parking and truck loading areas shall be located in accordance with the provisions of § 160-32.
(2)
A scaled plan of the physical improvements proposed for off-street parking and truck loading areas shall be prepared in accordance with good professional practice and Village construction specifications and submitted with the application for a building permit for review and approval by the Village Engineer and, when required, site plan review pursuant to § 160-52.
(3)
Accessory off-street parking areas shall be marked
off into parking spaces with a minimum width of 10 feet and a minimum
length of 18 feet, or, in the case of parking spaces for large trucks
and special equipment, the minimum size of parking spaces shall be
determined by the Village Engineer based on the nature of the parked
vehicles.
(4)
An accessory off-street standard truck loading space
shall have a minimum width of 12 feet, a minimum length of 25 feet,
and a minimum clear height of 14 feet. The related aisles or driveways
shall have the same minimum width and clear height.
H.
Exemptions and waivers.
(1)
Existing buildings and uses are exempt. The provisions
of this section shall not apply to any building or structure or lot
lawfully in use at the effective date of this chapter, whether continued
as a permitted use or as a legal nonconforming use or converted or
changed without enlargement to a different lawful use having the same
parking and truck loading requirements.
(2)
Where the Village Board of Trustees shall determine
that a proposed land use, building or structure is adequately served
by existing or proposed public parking facilities as a matter of public
policy, the off-street parking space requirements stipulated in this
section may be waived by such Board.
A.
No fence or wall shall be erected, extended, replaced,
altered or relocated without a building permit.
B.
Fence.
(1)
No fence shall exceed four feet in height measured
from the finished grade at its base, except that:
(a)
Where the finished grade has a short transitional
slope of 45º or more over a fence length of two lineal feet or
less, a four-foot-long transitional fence may exceed the four-foot
maximum height provided that it shall not exceed the four-foot maximum
permitted height on the high end of the transitional slope.
(b)
The westerly boundary fences at the Wheatley
Hill Golf Club, fences abutting the Long Island Railroad tracks, property
fences surrounding Nassau County recharge basins, and residential
boundary fences abutting Devlin Field and for 477.56 feet abutting
the Old Notor Parkway west of Block 613, Lot 11 may not be more than
six feet in height.
(2)
No fence shall be erected in a front yard except where
such fence is erected along or behind the minimum required front yard
setback line. Notwithstanding the foregoing, any church may erect
and maintain a fence in the front yard provided that such fence is
located no closer than three feet to the street line, does not exceed
three feet in height and is only of a one-or-more-rail split rail
or round rail fence with posts at least eight feet apart.
(3)
The type of materials used and the method of construction
must be suitable and in harmony with the neighborhood in which the
fence is to be constructed and must be approved by the Building Inspector.
The finished side of all fences must face away from the subject property.
[Amended 5-11-1998 by L.L. No. 4-1998]
C.
Walls and retaining walls. Walls and retaining walls shall be subject to the same regulations as fences as provided in Subsection B; provided, however, that on a lot where there is more than a four-foot difference in the existing natural ground elevation between the rear of the required front yard and the adjoining street line, a retaining wall not exceeding four feet in height may be erected if it is set back at least 15 feet from the street line and does not interfere with corner clearance pursuant to Chapter 109, §§ 109-19 and 109-20 of this Municipal Code.
D.
Method of measuring the height of a fence or wall. The height of a fence or wall shall be measured from the finished grade at the base of the fence, except that where there is a retaining wall, the height shall be the difference between the finished grades at each side of the retaining wall and, further, except that any fence or wall on the uphill side of such retaining wall, where permitted in accordance with the provisions of Subsections B and C, may be at least four feet high.
A.
Location and lot coverage.
[Amended 5-10-1993 by L.L. No. 9-1993; 12-13-1999 by L.L. No. 1-1999; 12-14-2020 by L.L. No. 1-2021]
(1)
A swimming pool or hot tub, or portion thereof, including
its accessory equipment and facilities, shall not be located in any
front yard or in any portion of the lot located in the space created
between the nearest roofed portion of the principal building or buildings
and the side lot lines and extending from the curbline to the rear
property line.
(2)
A swimming pool may be constructed such that the pool
is completely enclosed by fencing as per the Uniform Code located
at least six feet but not more than 10 feet from the edge of the pool
and with such fencing being set back at least five feet from any side
or rear lot line. Alternatively, if a pool protective fence is not
installed as described in the previous sentence, then the pool must
be located a minimum of 11 feet from the property line with an approved
power cover installed meeting the criteria tor safety protection.
In addition, complete safety barrier protection is to be provided
which may include a combination of yard fencing and/or structures
as per the Uniform Code. When the pool is not in use any required
cover must be in place.
(3)
A hot tub shall be set back at least 10 feet from
any side or rear lot line.
(4)
With respect to lot coverage, any property meeting one of the following
criteria shall be permitted up to 600 square feet of additional lot
coverage beyond the maximum otherwise permitted under the Code solely
for the area covered by a pool and its appurtenances.
(a)
The property is located in an RAA Zone.
(b)
The property size exceeds 11,000 square feet.
(c)
The property size exceeds 10,000 square feet and has a property depth
with the two side property lines averaging greater than 110 feet deep.
The depth requirement is excluded on properties that back the Wheatley
Hills Golf Course, Long Island Railroad, recharge basin or the Motor
Parkway.
B.
General requirements.
(1)
Notwithstanding the above, the pool must meet the
all guidelines prescribed by the Uniform code. In addition the following
is considered:
[Amended 12-14-2020 by L.L. No. 1-2021]
(a)
Every pool shall be completely enclosed by a
see-through chain link fence four feet in height located at least
six feet but not more than 10 feet from the edge of the pool to prevent
accidental entry and unauthorized use of the pool.
(b)
Such fencing shall have a gate or entranceway
locked at all times when no adult is at the pool. Such a gate or entranceway
shall be equipped so that it self-closes and snap locks with a snap
lock that shall be so located and of such a type of release as to
make it difficult for young children to open the gate.
(c)
The Board of Trustees may prescribe the method
and type of fencing which will in the opinion of the Board safeguard
the public health, safety and general welfare. In making such determination
the Board of Trustees shall take into consideration the character
of the district with a view to conserving the value of buildings and
land and encouraging the most appropriate use of land within the Village.
(2)
No lighting shall be permitted in or about said pool
except such lighting that shines into or upon said pool, decks and
walkways and casts no light or reflection onto abutting properties.
(3)
No loudspeaker device, which can be heard beyond the
property lines of the premises on which any swimming pool has been
installed, may be operated in connection with such pool.
(4)
Such pool, when maintained and used or intended to
be used for swimming, bathing or wading by adults or children, shall
be used solely by the owner, tenant or lessee of the premises upon
which the pool is situated and by his family or friends and guests
invited to use it without payment of any fee.
C.
Design and maintenance standards.
(1)
Private water supply. In the event the water for such
pool is supplied from a private well, there shall be no cross-connection
with the public water supply system.
(3)
Such pool, when used for swimming, bathing or wading,
shall be chemically treated in a manner sufficient to conform with
the bacterial standards established by the provisions of the New York
State Sanitary Code relating to public swimming pools and shall be
so maintained.
(4)
Water disposal. Water overflow from the pool and,
when the pool is emptied, the water therefrom shall be disposed of
on the owner's land and shall be prevented from flowing over or into
the land of any adjoining property owner or over or into any abutting
street or into any sanitary sewer.
(5)
Materials of construction. No pool shall be built,
constructed or maintained except of materials having adequate strength
to retain the water designed to he contained therein. Each pool shall
be designed in accordance with sound engineering practice.
D.
Building permit requirement for swimming pool.
[Amended 5-10-1993 by L.L. No. 9-1993]
(1)
No swimming pool shall be constructed, erected or maintained unless a building permit for such a swimming pool and its appurtenances shall have been issued by the Village Clerk after approval by the Building Inspector pursuant to Chapter 142 of this Municipal Code.
(2)
An application for such permit shall be on such form
as may be furnished by the Building Inspector and shall be accompanied
by a survey. A previously completed survey shall be acceptable for
the purposes of this section so long as the survey is updated to reflect
all later improvements built subsequent to the survey and the dimensions
of the improvements. The application must also be accompanied by complete
plans and specifications of the pool, the plan for the disposal of
water, the type and location of fencing, and indicating the location
and elevation thereof with respect to the boundary lines of the land
of the applicant and existing topography. Permits may be issued only
upon application of the owner of the land or his agent duly authorized
in writing to make such application. Application shall be accompanied
by a permit fee in the sum of $125 for the first $1,000 of cost and
$75 for each additional $1,000.
(3)
The plans and specifications accompanying the application
for a permit must be inspected and approved by the Village Plumbing
Inspector with regard to the backflow prevention device to guard against
a cross-connection and by the Village Building Inspector before the
issuance of a permit. After the completion of the construction and
excavation of a pool and before any use thereof by any person, the
Village Building Inspector must issue his or her certificate of completion.
E.
Existing pools. The owner of any land upon which a
pool shall have been constructed prior to the date of the adoption
of this section and the requirement of a permit duly issued by the
Board of Trustees of the Village of East Williston shall within 90
days after the effective date of this section comply with all of the
provisions of this section, except he or she shall not be required
to make application for a new permit, and perimeter fencing lawfully
existing as of the date of enactment hereof need not be changed.
F.
Abandonment. Should an owner abandon a pool, he or
she shall arrange to remove any depression and return the surface
of the ground to its original grade and approximately the same condition
as before the pool was constructed and he shall further notify the
Village Clerk of the abandonment so that the inspection of the site
may be made and the records of the permit be marked accordingly.
G.
General requirements for hot tubs. The hot tub must
meet the all guidelines prescribed by the Uniform Code. In addition
the following is considered:
[Added 5-10-1993 by L.L. No. 9-1993; 12-14-2020 by L.L. No. 1-2021]
(1)
Every hot tub shall be completely enclosed by a heavy
industry-standard locked cover when not in use.
(2)
The Board of Trustees may prescribe a method and type
of fencing which will in the opinion of the Board safeguard the public
health, safety and general welfare. In making such determination the
Board of Trustees shall take into consideration the character of the
district with a view to preserving the value of buildings and land
and encouraging the most appropriate use of land within the Village.
(3)
No lighting shall be permitted in or about said hot
tub except such lighting that shines into or upon said hot tub, decks
and walkways and casts no light or reflection onto abutting properties.
(4)
No loudspeaker device, which can be heard beyond the
property lines of the premises on which any hot tub has been installed,
may be operated in connection with such hot tub.
(5)
Such hot tub shall be used solely by the owner, tenant
or lessee of the premises upon which the hot tub is situated and by
his family or friends and guests invited to use it without payment
of any fee.
H.
Design and maintenance of hot tubs.
[Added 5-10-1993 by L.L. No. 9-1993]
(1)
Private water supply. In the event the water for such
hot tub is supplied from a private well, there shall be no cross-connection
with the public water supply system.
(3)
Such hot tubs shall be chemically treated in a manner
sufficient to conform with the bacterial standards established by
the provisions of the New York State Sanitary Code relating to public
swimming pools and hot tubs and shall be so maintained.
(4)
Water disposal. Water overflow from the hot tub and,
when the hot tub is emptied, the water therefrom shall be disposed
of on the owner's land and shall be prevented from flowing over or
into the land of any adjoining property owner or over or into any
abutting street or into any sanitary sewer.
(5)
Materials of construction. No hot tub shall be built,
constructed or maintained except of materials having adequate strength
to retain the water designed to be contained therein. Each hot tub
shall be designed in accordance with sound engineering practice.
I.
Building permit requirements for hot tubs.
[Added 5-10-1993 by L.L. No. 9-1993]
(1)
No hot tub shall be constructed, erected or maintained unless a building permit for such a hot tub and its appurtenances shall have been issued by the Village Clerk after approval by the Building Inspector pursuant to Chapter 142 of this Municipal Code.
(2)
An application for such permit shall be on such form
as may be furnished by the Building Inspector and shall be accompanied
by a licensed survey. A previously completed survey shall be acceptable
for the purposes of this section so long as the survey is updated
to reflect all improvements built subsequent to the survey and the
dimensions of the improvements. The application must also be accompanied
by complete plans and specifications of the hot tub, the plan for
the disposal of water, the type of cover for the hot tub and indicating
the location and elevation thereof with respect to the boundary lines
of the land of the applicant and existing topography. Permits may
be issued only upon application of the owner of the land or his agent
duly authorized in writing to make such application. Application shall
be accompanied by a permit fee in the sum of $25, filing fee, and
$75 for the first $1,000 of cost and $10 for each additional $1,000,
or part thereof, thereafter.
(3)
The plans and specifications accompanying the application for a permit must be inspected and approved by the Village Plumbing Inspector with regard to the backflow prevention device to guard against a cross-connection and by the Village Building Inspector before the issuance of a permit. After the completion of the construction and excavation of a hot tub and before any use thereof by any person, the Village Building Inspector must inspect and approve the construction and erection of such hot tub in accordance with the provisions of this chapter and Chapter 154, Article II, Cross-Connections, and the Village Building Inspector must issue his or her certificate of completion.
J.
Existing hot tubs. The owner of any land upon which
a hot tub shall have been constructed prior to the date of the adoption
of this section and the requirement of a permit duly issued by the
Board of Trustees of the Village of East Williston shall within 90
days after the effective date of this section comply with all of the
provisions of this section, except he or she shall not be required
to make application for a new permit.
[Added 5-10-1993 by L.L. No. 9-1993]
K.
Abandonment of hot tubs. Should an owner abandon a
hot tub, he or she shall arrange to remove any depression and return
the surface of the ground to its original grade and approximately
the same condition as before the hot tub was constructed, and he shall
further notify the Village Clerk of the abandonment so that the inspection
of the site may be made and the records of the permit be marked accordingly.
[Added 5-10-1993 by L.L. No. 9-1993]
A.
Application of regulations.
(1)
This section shall apply to all buildings or structures
and all uses of buildings or structures or lots lawfully existing
prior to the effective date of this chapter, or of subsequent amendments,
revisions or reenactments of this chapter, which do not conform to
the provisions of said original Zoning Chapter, or to such revisions
or reenactments on their effective dates.
B.
Unlawful buildings, structures, or uses not construed
as nonconforming. No unlawful building or structure or unlawful use
of a building or structure or lot existing at the effective date of
this chapter shall be deemed to be a nonconforming building, structure,
or use.
C.
Continuance.
(1)
Any nonconforming use occupying any building, structure, lot or land at the time of the effective date of this chapter or any amendment thereto which does not comply, after the effective date of this chapter or any amendment thereto, with the use regulations of the district in which it is situated may be continued in the building or structure, or upon the lot or land so occupied, except as provided in Subsection G.
(2)
A conforming building or structure used by a nonconforming
use shall not be reconstructed, structurally altered, restored, or
repaired to an extent exceeding 50% of the replacement cost of such
building or structure, exclusive of foundations, unless the use of
such building or structure is changed to a conforming use.
(3)
A nonconforming building or structure that is devoted to a conforming use may be enlarged, reconstructed, structurally altered, restored, or repaired in whole or in part, and the provisions of Subsection C(2) above shall not apply, except that the degree of nonconformity shall not be increased.
(4)
A nonconforming lot, separately owned and not adjoining
any lot or land in the same ownership at the effective date of this
chapter or at any time subsequent to such date, may be used, or a
building or structure may be erected on such lot for use, in accordance
with all the other applicable provisions of this chapter, provided
that proof of such separate ownership is submitted in the form of
a title search.
(5)
An existing building or structure designed and used
for a conforming use but located on a nonconforming lot, whether the
building is conforming or nonconforming with respect to lot coverage
and minimum yard requirements, may be enlarged, reconstructed, structurally
altered, restored or repaired in whole or in part, except that the
degree of nonconformity shall not be increased.
D.
Extension. A nonconforming use shall not be enlarged or extended, nor shall the nonconformity of a nonconforming building be increased, except as provided in § 160-45, by the Board of Appeals.
[Amended 12-13-1999 by L.L. No. 1-1999]
E.
Change. A nonconforming use shall be changed only to a conforming use, except as provided in § 160-45, by the Board of Appeals.
F.
Abandonment.
(1)
A nonconforming use shall be deemed to have been abandoned:
(a)
When it is changed to a conforming use.
(b)
In cases where such nonconforming use is of
a building or structure designed for such use, when it has been voluntarily
discontinued for a period of 12 consecutive months, and, in cases
where such nonconforming use is of a building or structure designed
for such use, when it has not in fact been actually used for a continuous
period of 36 consecutive months.
(c)
In cases where such nonconforming use is of
a building or structure not designed for such use or is of a lot or
land whereon there is no consequential building or structure devoted
to such use, when it has been voluntarily discontinued for a period
of six consecutive months, and, in such cases, when it has not in
fact been actually used for a continuous period of 18 months.
(2)
A nonconforming use that has been abandoned shall
not thereafter be reinstated.
G.
Compulsory termination of nonconforming buildings,
structures or uses.
(1)
A nonconforming building, structure or nonconforming
use may be subject to compulsory termination by the Village Board
of Trustees when it is found detrimental to the conservation of the
value of the surrounding land and improvements, or to future development
of surrounding lands, and therefore is tending to deteriorate or blight
the neighborhood.
(2)
In ordering the compulsory termination of a nonconforming
structure or nonconforming use, the Village Board of Trustees will
establish a definite and reasonable amortization period during which
the nonconforming use may continue while the investment value remaining
after the date of the termination order is amortized. Determination
of the amount to be amortized shall be based on the value and condition
of the land and improvements for the nonconforming use less their
value and condition for a conforming use, and such other reasonable
costs as the termination may cause. The rate of amortization shall
be in accordance with reasonable economic practice.
[Amended 3-12-2007 by L.L. No. 1-2007]
A.
Statement of purpose.
(1)
This conditional use review and approval procedure is established in recognition that many uses customarily found in communities may cause severe adverse impacts on a small, nearly completely developed residential village such as East Williston. It also recognizes that in many instances, such uses may be existing or more appropriately be located as new uses within the more spacious areas of neighboring communities. Therefore, the Village Board of Trustees has undertaken the responsibility of reviewing these uses in terms of its declaration of purposes in § 160-2 in good environmental and development practice. For the purposes of this statute, "conditional use," and "special use" carry the same meaning.
(2)
When this section was initially enacted in conjunction with the Village
codification published in 1988, certain conditional uses were listed
as being approved in the various residential districts. A review of
the prior Code and the buildings and structures which were present
at the time of the prior codification makes clear the intent of the
Board of Trustees at the time. The intent was to provide for conditional
use designations which would allow for specifically existing buildings
and structures to remain. For example, the Residence AA District allowed
for the conditional use designation of a "country club or a golf course,
non-profit." A golf club, the Wheatley Hills Golf Club, existed at
the time of the prior enactment and continues to be found at the same
location. It therefore appears that the grant of a conditional use
designation was based at least in part upon the characteristics of
the buildings and structures that were already in existence. The Code
as it was then enacted also reflected the possibility of applying
for conditional uses anywhere else in the Village.
(3)
One of the purposes of this amendment is to therefore clarify that
the conditional use designations will continue in each district so
long as the characteristics of the buildings and structures upon the
properties which have already received such designations remain in
existence. This does not preclude application for a new structure
or modification to an existing structure, but does require that any
such construction or modification comport with the earlier grant.
Any construction including modifications must come before the Board
of Trustees following the process below.
(4)
This enactment thus clarifies that a conditional use designation
may be granted for buildings, structures and designs found on properties
which currently operate under such a designation. For example, if
the conditional use of a church has already been granted on a property
in a particular residence district, an application could be made to
receive a conditional use designation for the construction or modification
of the church in the setting where the conditional use designation
was previously granted. Application may also be made to modify an
existing conditional use to become multifamily dwelling in accord
with the criteria below. In any case an application must be submitted
to the Board of Trustees. To receive, or continue, a conditional use
designation, the criteria and hearing requirements below must be met.
B.
General provisions. All conditional uses shall be deemed to be permitted
uses subject to the satisfaction of the requirements and standards
set forth herein, in addition to all other requirements as set forth
in this Zoning Chapter.
C.
Application, public hearing and general standards. Application for
required conditional use permits shall be made to the Village Board
which shall review and approve, approve with modifications or disapprove
all conditional use applications provided for in this chapter. The
application shall be submitted in the same manner as one would be
submitted seeking a variance under this Code, with the same notice
and hearing requirements. Each such application shall be referred
to the Planning Board for a report, which report shall be rendered
prior to the date of public hearing on the application. The Planning
Board report shall only be advisory to the Board of Trustees. Similarly,
if the conditional use is found in the Historic District, then the
Historic District Commission shall also render a report which shall
be advisory only to the Board of Trustees. The Board of Trustees,
in its discretion, may also seek the input of such other Village Boards
or officials as it deems necessary. The Board of Trustees may also
engage the services of such outside professionals as it deems necessary
in conjunction with any hearing. A public hearing for the conditional
use permit application shall be held within 62 days of receipt of
a complete application. Within 62 days of the close of the public
hearing, the Village Board shall decide whether to approve, approve
with modifications or disapprove the conditional use permit application.
However, the fact that a decision is not reached in 62 days shall
not be deemed to result in either the automatic grant, or denial of
the application. The time at which the Village Board must arrive at
its decision may be extended at the request of the applicant or as
necessary for the Village Board to complete all necessary environmental
review requirements pursuant to the State Environmental Quality Review
Act (SEQRA) or for the Board to receive such additional materials,
drawings or the like from the applicant as the Board deems necessary.
A copy of the Board's decision shall be filed in the office of the
Village Clerk within five business days after such decision is rendered,
and a copy thereof mailed to the applicant. The Village Board may
authorize the issuance of a permit, provided that it shall find that
all of the following conditions and standards have been met, and may
deny such application which in its judgment is not in accordance with
said conditions and standards:
(1)
The location of the property granted a conditional use designation,
the nature and intensity of the operations and traffic involved in
or conducted in connection with the conditional use designation, the
size of the site, and the location of the site with respect to the
type, arrangement and capacity of streets giving access to it, are
such that it will be in harmony with the appropriate and orderly development
of the district in which it is located.
(2)
The location, nature and height of buildings, walls and fences, and
the nature and extent of the landscaping and screening on the site,
as existing or proposed, are such that the conditional use designation
will not hinder or discourage the appropriate development and use
of adjacent land and buildings.
(3)
Operations in connection with any conditional use designation will
not be more objectionable to nearby properties by reason of noise,
fumes, vibrations, lighting or flashing of lights, than would be the
operations of any permitted use not requiring a conditional use permit.
(4)
Parking areas will be of adequate size for the particular use properly
located and suitably screened from any adjoining residential uses,
and the entrance and exit drives shall be laid out so as to achieve
maximum safety.
(5)
Each conditional use designation and the structures and buildings
permitted shall be of such character, intensity, size and location
that in general it will be in harmony with the orderly development
of the district in which the property is situated and will not be
detrimental to the orderly development of the surrounding area.
(6)
Each conditional use sought in a residential district shall be so
located on the lot involved that it shall not impair the use, enjoyment
and value of adjacent residential properties.
(7)
The nature and intensity of a conditional use sought in a residential
district and the traffic generated by it shall not be hazardous, incongruous
or detrimental to the prevailing residential character of the neighborhood.
(8)
Each conditional use in the Business District shall be harmonious
with the surrounding area which its location is sought, shall not
create undue pedestrian or vehicular traffic hazards and shall not
include any display of signs, noise, fumes or lights that will hinder
the normal development of the district or impair the use, enjoyment
and value of adjacent land and buildings.
D.
Required plan. A plan for the proposed development of a site for
a conditional use designation shall be submitted with an application
for a conditional use permit along with any other drawings or the
like that the Board may require. The plan shall be drawn to a scale
deemed sufficient by the Board of Trustees to a scale deemed sufficient
to the Board of Trustees, and shall show the location of all buildings,
parking areas, traffic access and circulation drives, open spaces,
landscaping, topography, special features, and any other pertinent
information, including such information about neighboring properties
as may be necessary to determine and provide for the enforcement of
this Zoning Chapter. Any plan submitted must clearly identify any
variances from Code that will be required.
E.
Conditions and safeguards. The Village Board shall attach such conditions
and safeguards to the conditional use permit as are necessary to assure
continual conformance with all applicable standards and requirements.
F.
Time limitations of permit.
(1)
The Village Board may issue a temporary conditional use permit subject
to adequate guarantees that the use will be terminated, at the end
of the period specified in the Board's approval, or it may issue a
conditional use permit for a stated period, subject to an application
for renewal or extension of said permit.
(2)
Two violations of any condition or safeguard imposed by the Village
Board may be the basis for the Village Board to deny the renewal or
extension of a conditional use permit.
G.
Expiration. A conditional use permit shall be deemed to authorize
only the particular use or uses specified in the permit, and shall
expire if said use or uses shall cease for more than 12 months for
any reason. Each conditional use permit is subject to the review of
the Board of Trustees upon sale of the property.
H.
Existing violations. No permit shall be issued for a conditional
use designation for a property upon which there is an existing Zoning
Chapter violation.
I.
Preexisting uses deemed to be conforming. Any lawful conditional
use designation at the time of the adoption of this chapter or any
amendment thereof which, if newly created under this chapter, would
require a conditional use designation in the district in which it
is situated may be continued and shall be deemed to be a legal use,
but any modification, change or extension thereof shall be subject
to the issuance of a conditional use permit as provided in this chapter.
