The following regulations shall apply throughout the Residence
District.
Before the construction or alteration of any building or any
part of a building is commenced, the person causing such construction
or alteration to be done, or his agent or the architect or builder
employed in connection with the proposed construction or alteration,
shall file in the office of the Village Clerk, addressed to the Board
of Trustees of the village, an application for a permit to construct
or alter.
[Amended 10-15-1981 by L.L. No. 2-1981; 12-14-1981 by L.L. No.
4-1981; 7-7-1987 by L.L. No. 3-1987; 4-4-1989 by L.L. No.
16-1989; 11-8-1989 by L.L. No. 25-1989; 5-1-1990 by L.L. No.
1-1990; 5-15-2000 by L.L. No. 1-2000]
A building or structure may be erected, altered or maintained,
or a lot or premises used, in the A Residence District for any of
the purposes stated in this section. No building or structure may
be erected, altered or maintained, and no lot or premises used, for
any other purpose:
A. A single-family detached residence, provided that such residence
has an enclosed garage for the parking of at least two, but not more
than four, automobiles, together with a driveway of sufficient width
and area to permit proper ingress and egress for automobiles.
B. With the permission of the Board of Trustees, a religious use or
an educational use, in conformity with any other applicable requirements
in this chapter. For the purposes of this section, the term educational
use shall be limited to a school accredited or registered with the
New York State Board of Regents.
C. Accessory uses, only as enumerated herein, subject to the limitations
provided hereinafter.
(1) Every accessory use shall be located on the same lot with the permitted principal use. Uses accessory to a principal residential use shall be limited to those uses customarily incidental to the permitted principal use and those accessory uses expressly permitted in this chapter. Uses accessory to a principal nonresidential use shall be limited to those set forth in this section as permitted under such circumstances and those permitted by §§
146-10,
146-24.1 and
146-24.2.
(2) Uses accessory to a principal residential use may include a private
enclosed garage for parking of two or more, but not more than four,
automobiles, but shall not include a carport, with sufficient driveway
width and area for the proper ingress and egress of such automobiles.
Where the lot on which the accessory use is located has at least one
border along or under a pond or waterway, a private boathouse, dock
or wharf may be a permitted accessory use. A use accessory to a principal
residential use shall not include use of a building or structure for
habitable space (e.g., for living, sleeping, eating or cooking).
[Amended 3-17-2014 by L.L. No. 2-2014]
(3) The maximum combined building area of all buildings and structures
shall not exceed 25% of the lot area for the first 40,000 square feet
of lot area plus 10% of the lot area in excess of 40,000 square feet.
[Added 3-17-2014 by L.L. No. 2-2014]
(3-a) No individual accessory building, structure or use
shall occupy an area more than 3% of the total lot area, exclusive
of any use which is customarily or frequently under water. All accessory
buildings, structures and uses shall in the aggregate occupy an area
not more than 5% of the total lot area, exclusive of any area which
is customarily or frequently under water.
[Amended 3-17-2014 by L.L. No. 2-2014]
(4) A use accessory to a principal residential use may include the office
of a physician, dentist, architect, teacher, artist, musician, accountant,
engineer or lawyer, provided that:
(a)
The office shall be located in the dwelling in which the practitioner
resides.
(b)
No more than one sign may be displayed on the premises, with
an area not more than 72 square inches and bearing only then name
and occupation of the practitioner.
(c)
The use shall be limited to the office of a single practitioner
duly licensed under the laws of the State of New York to practice
the accessory use.
(d)
No more than one employee or assistant shall be present at any
time that the use is being conducted.
(e)
The office shall be located in, and be part of, the principal
dwelling on the lot or premises and may not be located in whole or
in part in a separate building.
(5) Not more than one sign, provided that no dimension of such sign may
be greater than two feet, and further provided that such sign shall
be set back a minimum of 15 feet from each property line. Without
the prior permission of the Board of Trustees, no such sign may be
maintained for a period in excess of 30 consecutive calendar days
nor more than a total of 60 days in any consecutive period of 120
days. Notwithstanding the foregoing, no sign shall be permitted except
a sign advertising the sale of the premises on which the sign is located
or a sign expressing any view or opinion the expression of which is
protected by the United States Constitution or the New York State
Constitution.
(6) Fences, provided that they conform to the following conditions and
limitations:
(a)
A fence erected along the boundary of a property which coincides
with a boundary line of the village, which shall not exceed eight
feet in height. Each such fence shall be of either open or stockade
design, or of such other similar type or design as may be approved
by the Board of Trustees. Unless required by the Board of Trustees,
no public hearing shall be required prior to such approval. No such
fence may unreasonably obstruct the view of any vehicle or pedestrian
lawfully on a public right-of-way from or by any other vehicle or
pedestrian lawfully on the same or another public right-of-way. A
finished side of such fence shall face the property within the village.
[Amended 9-26-2000 by L.L. No. 2-2000]
(b)
A fence along any other property boundary, or within five feet
of a property boundary, which shall not exceed four feet in height.
Each such fence shall be of stockade or open design, or of such other
similar type or design as may be approved by the Board of Trustees.
Unless required by the Board of Trustees, no public hearing shall
be required prior to such approval. One finished side of any such
fence shall face the property adjoining the premises on which the
fence is located. Landscaping shall be placed and maintained on the
exterior side of each such fence, consisting of shrubs or other natural
planting of a height when mature of not less than four feet. Such
landscaping shall be of suitable density throughout the entire length
of the fence and shall be of a type, species and size approved by
the Code Official. No such fence or landscaping may create a traffic
hazard or unreasonably obstruct the view of any vehicle or pedestrian
lawfully on a public right-of-way of, from or by any vehicle or pedestrian
lawfully on the same or any other public right-of-way.
[Amended 9-26-2000 by L.L. No. 2-2000; 12-18-2000 by L.L. No.
3-2000]
(c)
No fence permitted by this section shall constitute or create
a traffic hazard nor unreasonably obstruct the view by any vehicle
or pedestrian lawfully on a public right-of-way from or by any vehicle
or pedestrian lawfully on the same or any other public right-of-way.
(d)
A fence facing a public right-of-way or Macy Channel shall be
an open-type fence, the closed/open ratio of which shall not be more
than one to one and the closed sections of which shall not be more
than four inches in width. Gates in any such fences shall be limited
to open-type gates and only for the purposes of blocking entry to
or from a public right-of-way. Notwithstanding the foregoing, a chain
link fence satisfactory to the Board of Trustees may be erected on
that portion of any property which is contiguous to Macy Channel,
provided that the fence shall be not more than four feet in height.
(e)
Ornamental screens may be constructed on or within 10 feet of
any property line, provided that they shall otherwise comply with
the requirements for fences.
(f)
No fence shall be constructed or erected without a building
permit, and no such permit shall issue unless a survey of the property,
an architectural rendering of the fence, and a plan for required landscaping
has been filed with, and approved by, the Code Official and all required
fees paid. In approving any such landscaping plan, the Code Official
shall determine whether the proposed landscaping is suitable to achieve
screening of the fence from view from the exterior of the property.
Any such permit shall expire six months from the date of its issuance,
unless a certificate of completion has been issued prior to such time
certifying that the fence, including the landscaping, complies with
all applicable requirements of this section.
[Amended 12-18-2000 by L.L. No. 3-2000]
(7) No accessory use shall be permitted on any lot or premises, or any
part thereof, within the village in connection with any building,
structure, lot or premises located outside the village unless:
(a)
The accessory use would be permitted if the building, structure,
lot or premises were located in the village; and
(b)
Such accessory use is permitted by the Board of Trustees, upon
such terms and conditions as the Board of Trustees may impose.
(8) A use accessory to a principal residential use may include a swimming
pool, subject to the following restrictions and limitations:
(a)
The term "swimming pool," as used herein, shall mean any outdoor
structure, tank or excavation intended for or used for the purposes
of bathing or swimming, but such term shall not be deemed to include
a portable wading pool located above ground and containing not more
than 90 square feet of water surface and having a maximum depth of
24 inches or less. The term "swimming pool" shall not include a swimming
pool completely and permanently enclosed within a principal dwelling,
which swimming pool shall be considered part of the principal use
and not an accessory use.
(b)
No swimming pool shall be constructed or erected unless a building
permit for the same shall have been issued. An application for such
permit shall include plot, site and building plans for the pool, showing
dimensions, design, location and use of all structures, equipment,
drainage, sanitary filtration, water supply and disposal facilities,
fencing, screening and landscaping, covering of pool and such other
information as may be requested by the Building Official. Such application
shall also include a current certification by a licensed professional
engineer that the facilities and equipment for drainage of such pool
are or will be adequate and will not interfere with the public water
supply system, with existing sanitary and drainage facilities or with
public rights-of-way or their use. No drainage onto adjacent properties
or a public right-of-way shall be permitted.
(c)
Every swimming pool shall be enclosed by either a good-quality link wire fence or a wrought iron or wrought aluminum fence, or such other type of fence as may be approved by resolution of the Board of Trustees, four feet in height, entirely enclosing the area in which the pool is located. A swimming pool fence located on or within five feet of a property boundary line also shall comply with the requirements of §
146-9C(6) and may be a stockade fence as permitted by that section. Each swimming pool fence shall be properly screened with evergreen shrubs and plants, shall be no closer to any part of the pool than four feet, and shall completely enclose (a) the pool itself or (b) the particular yard area in which the pool is situated or (c) the entire portion of the property behind the rear line of the principal building. A building permit is required for a swimming pool fence.
[Amended 6-9-2010 by L.L. No. 1-2010]
[1]
In the event that a chain-link fence is utilized, said fence
shall extend from the ground to a height of four feet, with top and
bottom rails, posts spaced not more than eight feet apart on centers
and extending not less than three feet below grade in an eight-inch-diameter
concrete footing. Chain-link fabric shall be galvanized steel, two-inch-mesh
No. 9 wire. The fabric shall be fastened to posts and rails so that
the bottom of the mesh is not more than one-inch above grade. The
fabric shall be fastened securely to posts and rails by means of wire
clips not more than 30 inches on center.
[2]
In the event that a wrought iron or wrought aluminum fence is
installed, it shall extend from the ground to a height of four feet,
with top and bottom rails, posts of a minimum diameter of two inches
spaced not more than eight feet on centers, and said posts shall extend
a minimum of three feet below grade in an eight-inch-diameter concrete
footing. Such wrought iron or wrought aluminum fence shall have minimum
one-half-inch vertical bars spaced not more than 5 1/2 inches
apart and welded to the top and bottom rails, and horizontal bars
or rails shall not be less than three feet eight inches from the bottom
railing to the next horizontal bar or rail. The bottom rails of such
wrought iron or wrought aluminum fences shall not be more than four
inches above finished grade.
[3]
In the event that any other type of fence is approved by the
Board of Trustees, the Board of Trustees may specify the details of
construction and installation of such fence.
(d)
All fences shall be designed to produce a rigid structure and
shall be of a sufficient fabrication, construction, design and quality
of materials to prevent the accidental entry or unauthorized use of
the pool by one or more children.
(e)
All swimming pool barriers, including fencing, and openings
in such barrier fences shall comply with the New York State Uniform
Code and additional provisions provided in this chapter.
[Amended 4-3-2018 by L.L.
No. 1-2018]
(f)
Each pool and its fences, gates, doors and locks shall at all
times be maintained in the same condition as they were at the time
the certificate of completion for the same was issued.
(g)
Should the owner of property abandon a swimming pool, or should
the Board of Trustees determine that an owner of property has abandoned
a swimming pool, the owner of the property where the pool is located
shall remove the pool, and fill in or remove the excavation or depression,
and restore the surface of the ground to its original grade and approximately
the same condition as prior to the installation of the pool. The owner
shall notify the Building Inspector of such abandonment, and the completion
of the required remediation work, so that the same may be inspected.
(h)
No swimming pool may be installed, constructed or maintained
except in a rear yard. Notwithstanding any other provision of this
chapter, the pool, including the foundation and mechanical equipment
in connection therewith, shall be located not less than 35 feet from
the rear lot line, and not less than 30 feet from any side lot line,
and in the case of a corner lot, such pool, foundation and equipment
shall be located at least 50 feet from any property line abutting
a public right-of-way.
[Amended 6-9-2010 by L.L. No. 1-2010]
(i)
No swimming pool may occupy more than 25% of the area of the
rear yard, excluding all garages or other permitted structures. For
the purposes of computing the pool area, the base for any springboard
or diving platform and the foundation for any mechanical equipment
shall be included. Notwithstanding any other provision of this chapter,
the area occupied by the pool shall not be included in computing the
maximum percentage of lot area upon which buildings or structures
may be located. No covering of any kind or nature shall be installed
or maintained over any swimming pool except a protective covering
which may be installed and maintained at pool level.
[Amended 6-9-2010 by L.L. No. 1-2010]
(j)
Every swimming pool, and its related equipment and apparatus,
shall be used and operated in such manner as not to cause disturbance
or annoyance to any other person within the village. No loudspeaker
or amplifying devices shall be permitted to be used on or near the
pool or in connection with the use of the pool. No pool shall be equipped
with lighting other than underwater lighting, and the area surrounding
any pool shall be lighted only with lights which do not cast light
or glare directly onto any adjoining property.
(9) A use accessory to a principal residential use may include a tennis
or sports court, subject to the following restrictions:
(a)
No tennis or sports court may be constructed, maintained or
used on any lot or premises except as a use accessory to a single
family residence located on the same lot or premises within the village.
(b)
No tennis or sports court may be constructed or maintained in
a front yard, nor within 35 feet of a rear property line, nor within
30 feet of a side property line.
(c)
All tennis or sports courts shall be enclosed with permanent
fencing, of a type and design approved by the Building Inspector,
sufficient to prevent balls or other implements or equipment used
at such location from leaving the premises or immediate vicinity of
such court.
(d)
No tennis or other sports court shall be constructed or maintained
so as to permit any drainage of water to flow onto adjacent property
or a public right-of-way.
(e)
No covering of any type shall be erected or maintained over
any tennis or sports court.
(f)
No tennis or other sports court may be constructed, installed
or maintained without permission of the Board of Trustees. An application
for such permit shall be accompanied by plot, site and construction
plans showing location, dimensions, drainage, design, fencing, screening
and landscaping, such other information as may be required by the
Board of Trustees and payment of an application fee in an amount determined
by the Board of Trustees by resolution.
(g)
Any tennis or sports court lawfully constructed or maintained
prior to 1981 shall comply with all of the provisions of this section.
[Added 5-15-2000 by L.L. No. 1-2000]
A. No permit shall be granted for a physical alteration or improvement
of any property used for any principal use, other than a single-family
residence, without the prior approval, by the Board of Trustees, of
a site plan for such premises. Where a site plan has been approved
for any property, no physical alteration of such property shall be
performed other than in accordance with the approved site plan.
B. As used in this section, the term "physical alteration" shall include,
but not be limited to:
(1)
Installation or relocation of parking areas, sidewalks, driveways
or other impervious surfaces or outdoor recreational facilities.
(2)
Construction, relocation or removal of any building, structure,
or other physical improvement on such property, or alteration of any
existing building or structure which results in increased or relocated
floor area or building area.
(3)
Subdivision of property into more than one lot.
(4)
A change of the grade or topography of any part of the property.
[Added 2-24-2009 by L.L. No. 1-2009; amended 4-20-2009 by L.L. No.
2-2009]
No substantial change shall be made in the topography of any
land without the approval of the Board of Trustees after written application.
Such approval may be granted without a public hearing, in the discretion
of the Board of Trustees. For the purposes of this section, any change
in topography in excess of one foot in height or elevation shall be
considered a substantial change.
[Added 3-17-2014 by L.L. No. 2-2014]
A. Any wall in excess of 18 inches in height constructed or erected
for the purpose of retaining or supporting adjoining earth or rock
shall be considered to be a retaining wall.
B. When the difference between the grades on either side of a wall exceeds
18 inches, it shall be presumed that the wall is retaining or supporting
the earth or rock on the higher grade, and such wall shall be considered
to be a retaining wall.
C. No retaining wall may be constructed, erected, or altered without
a building permit.
D. All retaining walls shall be constructed of approved masonry, reinforced
concrete, or timber, in accordance with plans approved by the Building
Official.
E. No retaining wall may exceed five feet in height.
F. No retaining wall may be located within three feet of a property
boundary.
G. No retaining wall may be located within four feet of any other retaining
wall.
H. All retaining walls and surrounding areas of the property shall be
designed such that all surface and subsurface drainage water from
such retaining walls shall be collected and disposed of on the property
on which the retaining wall is located, in accordance with a plan
of water collection and disposal system approved by the Building Inspector
and the Village Engineer.
I. The owner and occupant of property on which a retaining wall is located
shall maintain such retaining wall, and any surface or subsurface
water collection and disposal system, in good working order and in
accordance with the approved plans therefor.
[Amended 11-8-1989 by L.L. No. 25-1989]
The construction or alteration of a central air-conditioning
unit which is designed and intended to provide central air conditioning
for one or more buildings on the lot and located outside of a building
is hereby deemed to be an alteration requiring the filing of an application
for a building permit. Such application shall contain a statement
of the full name and residence of each of the persons having an interest
as owner, tenant or otherwise and of the use to which the building
is to be put and such other information as the Board of Trustees may
require. Air-conditioning fixtures and units which are designed and
intended to provide central air conditioning for one or more buildings
on the lot and located outside of a building shall not be less than
30 feet from the side property line nor 35 feet from the rear lot
line. Said application shall be accompanied by such plans and drawings
and such a diagram of the lot showing the exact location of the existing
and proposed buildings. The application will be filed with the Village
Clerk, together with a fee established by the Board of Trustees.
[Amended 11-21-2011 by L.L. No. 2-2011]
No building or structure shall have a height greater than 2
1/2 stories or 35 feet, whichever is less.
[Amended 11-21-2011 by L.L. No. 2-2011]
A. Front
height/setback ratio. The maximum permitted front height/setback ratio
is 0.55.
B. Side height/setback
ratio. The maximum permitted side height/setback ratio is 0.85.
C. Rear height/setback
ratio. The maximum permitted rear height/setback ratio is 0.80.
The building area shall not exceed 25% of the lot area.
[Added 3-17-2014 by L.L. No. 2-2014]
A. Not more than 30% of the total surface area of a front yard may be
covered by impervious surface(s), and not more than 30% of the total
area of all front yards of a lot may be covered by impervious surface(s).
B. Not more than 30% of the area of a lot may be covered by impervious
surface(s).
"Livable floor area" means the total floor area used, designed
and available to be used for living accommodations on all stories
of the principal building, excluding basement, rooms for heating equipment,
open porches, breezeways, unheated areas and garage, but including
any living space over such garage. In rooms with sloped ceilings,
only those areas where headroom is greater than five feet may be included,
provided that at least 50% of this total area has a minimum ceiling
height of seven feet six inches. Walls and partitions may be included.
No dwelling shall hereafter be erected in any residence district
unless it complies with the following livable floor area requirements:
A. Minimum total livable floor area: 2,625 square feet, unless all of
the livable floor area is on the ground or first story, in which case
the total livable floor area shall not be less than 3,000 square feet.
B. Minimum livable first-floor area in other than one-story buildings:
1,750 square feet.
C. Minimum livable floor area in each level above the first floor in
other than one-story buildings: 875 square feet or 40% of the livable
floor area of the story immediately below it, whichever is greater.