[Amended 1-6-1988 by L.L. No. 1-1988; 8-2-2000 by L.L. No. 3-2000]
A building may be erected, altered or used and a lot or premises may be used for any of the following purposes and no other:
A. 
A single-family detached dwelling.
B. 
A church, synagogue or other building used exclusively for religious or educational purposes, conforming in all other respects with the provisions of this chapter, with the prior permission of the Board of Trustees.
C. 
A private garage, detached, built and used with the main building or attached within the main building.
[Added 1-4-2012 by L.L. No. 2-2012]
This chapter shall not apply to any use of property owned or leased by the Village of Saddle Rock, provided that such use has been authorized by the Board of Trustees.
[Amended 10-19-1953; 5-15-1957; 1-6-1988 by L.L. No. 3-1988; 2-3-1988 by L.L. No. 4-1988; 11-1-1989 by L.L. No. 6-1989; 7-3-1991 by L.L. No. 2-1991; 8-2-2000 by L.L. No. 3-2000; 9-6-2000 by L.L. No. 5-2000; 2-7-2001 by L.L. No. 1-2001; 9-1-2004 by L.L. No. 1-2004; 1-5-2005 by L.L. No. 2-2005; 9-7-2005 by L.L. No. 3-2005; 7-1-2009 by L.L. No. 1-2009]
Building regulations shall be as follows:
A. 
Height. No dwelling or other building or structure shall exceed 2 1/2 stories or 25 feet in height, whichever is less. No alteration or addition to an existing structure shall exceed, at its highest point, a height equal to the mean high point of all of the ridges, and all other roof surfaces combined, of the existing roof, not including chimneys, spires, towers and similar structures.
B. 
Plot area. No dwelling or other building shall be constructed on a lot containing an area less than 13,000 square feet with a minimum width of 100 feet at the required setback line.
C. 
Building area. The building area shall not exceed 25% of the lot area. Uncovered and open patios, terraces or other areas used for sitting or standing which do not extend closer than five feet to the lot line nor are more than one foot in height above the surrounding ground shall not be deemed a part of the building area or part of the building for the purpose of measuring yards. Any driveway and/or parking area in excess of 1,550 square feet in area shall be deemed a part of the building area.
D. 
Floor area; floor area ratio.
(1) 
Minimum first floor area. No dwelling shall be erected or altered unless the habitable floor area on the first floor is at least 1,800 square feet.
(2) 
Maximum ratio of building floor area to lot area.
(a) 
No dwelling shall be erected or altered where the total floor area of the dwelling on the lot divided by the total lot area exceeds 0.42 for the first 14,520 square feet of lot area (e.g., on a lot having a total lot area of 14,520 square feet, the total floor area of the dwelling may not exceed 6,098 square feet);
(b) 
Where the area of a lot exceeds 14,520 square feet, but does not exceed 21,780 square feet, the maximum floor area ratio shall be calculated as provided in Subsection D(2)(a) of this section for the first 14,520 square feet, and an additional floor area ratio of 0.13 is permitted for the lot area in excess of 14,520 square feet but not more than 21,780 square feet;
(c) 
Where the area of a lot exceeds 21,780 square feet, but does not exceed 32,670 square feet, the maximum floor area ratio shall be calculated as provided in Subsection D(2)(b) of this section for the first 21,780 square feet of lot area, and an additional floor area ratio of 0.10 is permitted for the lot area in excess of 21,780 square feet but not more than 32,670 square feet;
(d) 
Where the area of a lot exceeds 32,670 square feet, but does not exceed 43,560 square feet, the maximum floor area ratio shall be calculated as provided in Subsection D(2)(c) of this section for the first 32,670 square feet of lot area, and an additional floor area ratio of 0.06 is permitted for the lot area in excess of 32,670 square feet but not more than 43,560 square feet;
(e) 
Where the area of a lot exceeds 43,560 square feet, the maximum floor area ratio shall be calculated as provided in Subsection D(2)(d) of this section for the first 43,560 square feet of lot area, and an additional floor area ratio of 0.03 permitted for the lot area in excess of 43,560 square feet.
(3) 
For the purposes of this section, the term "floor area" shall mean the total square footage of all levels of the dwelling measured to the outside surface of the building or a portion of the building, including roofed-over decks and garage spaces, stairways, elevators, storage and mechanical rooms (whether internal or external to the structure), all atriums on the interior of the building even where no floor exists above, an interior courtyard or covered courtyard, and uninhabitable space. The term "floor area" shall not include any part or portion of a basement (for which purposes the term "basement" shall mean a portion of the dwelling at least 51% of which is below mean grade level). Neither shall the term "floor area" include any accessory buildings and structures, or unfinished attic floor space above the second story.
E. 
Rear yard.[1] There shall be a rear yard, the depth of which shall be not less than 30 feet, for all buildings other than buildings situated on corner lots. Notwithstanding any provision herein to the contrary, in measuring the rear yard setback of a waterfront lot, the rear lot line shall be considered to be the location of the sea wall, if any, on the lot, or the mean high water mark, whichever is further inland.
[1]
Editor's Note: See Note in Subsection N below.
F. 
Side yards.[2] All lots shall have two side yards, the depth of which shall not be less than 17 1/2 feet each, one on each side of the main building in the case of an interior lot and one opposite each front yard in the case of a corner lot. The aggregate width of the two side yards in the case of an interior lot shall be not less than 35% of the width of the lot. Notwithstanding any provision herein to the contrary, in measuring the side yard setback of a waterfront lot, the side lot line shall be considered to be the location of the sea wall, if any, on the lot, or the mean high water mark, whichever is further inland.
[2]
Editor's Note: See Note in Subsection N below.
G. 
Front yard.[3] There shall be a front yard, the depth of which shall not be less than 45 feet from the front property line, provided, however, that in the event a front property line is located within the right-of-way of a mapped street or road, the depth of the front yard shall be measured from the boundary line of the mapped street or road nearest to the building or structure, and not from the property line.
[3]
Editor's Note: See Note in Subsection N below.
H. 
Topography. No substantial change shall be made in the topography of any land within 100 feet of the boundary line of any lot. For the purposes of this subsection, any change in topography in excess of one foot in height or elevation shall be deemed a "substantial change."
I. 
No lot or premises shall have more than one driveway nor more than one curb cut.
J. 
Minimum street frontage. No building or structure shall be constructed on any lot in the Village of Saddle Rock which has frontage of less than 75 feet on a street or road shown on the Official Map of the Village.
K. 
Minimum required off-street parking. No building or structure shall be used for a purpose other than for a purpose listed in § 150-4A or C of this chapter, or for an accessory use permitted pursuant to § 150-7 of this chapter, unless there are provided on the same site permanent parking spaces for vehicles numbering at least the greater of the following:
(1) 
One space for each 100 square feet of floor area; or
(2) 
One space per each three permanent seats, plus one per each 40 square feet of seating area where fixed seating is not provided, plus one per employee and/or participant at scheduled events; or
(3) 
A different number as may be required by the Board of Trustees at the time a special permit is issued for such use.
L. 
Limitation on impervious surfaces.
(1) 
For the purposes of this subsection, the term "impervious surface" shall mean and include any surface (other than earth, plantings or related plant ground covering) which releases rainfall as surface runoff during a large portion of a rainfall event. Rooftops, sidewalks, parking areas, patios, structures, and other similar facilities are considered impervious surfaces. Notwithstanding the foregoing, a patio, terrace or other area in a rear yard, used for sitting or standing, which does not extend closer than five feet to a lot line, and is not more than one foot in height above the surrounding ground, shall be considered "impervious surface."[4]
[4]
Editor's Note: The last sentence of this subsection was amended to remove the word "not" following "shall" at the request of the Village Board of Trustees.
(2) 
The total impervious surface on a lot, including building area, shall not exceed 30% of the lot area.
(3) 
Impervious surfaces in a front and side yard shall be limited to sidewalks, walkways, and driveways, where otherwise permitted. Impervious surfaces in other yards shall be limited to walkways and patios. No vehicle may be parked in any yard except upon an impervious driveway area suitably designed for parking of vehicles.
M. 
Height extensions. With the exception of antennas permitted by § 150-32 of this Code, chimneys extending no more than three feet above the roof height, and vent pipes, air-venting equipment, or skylights, no structure or equipment or portion of a building, including mechanical equipment, shall extend more than 15 inches above the roof surface.
N. 
[Editor's Note: Res. No. 1-2014, enacted by the Board of Trustees 1-8-2014, adopted the following provisions regarding setbacks: "To decrease hardship to Village residents, while adhering to the spirit of the open space Village principle, the 45 foot front and side setbacks and 30 foot rear yard setback was clarified by the Board of Trustees. The 'setbacks' are to be measured from the street curbstone in front and side yards and conversely from the rear seawall (in the case of waterfront properties). The corner lots, however, have two front yards and are measured 45 feet to the curb."]
[Added 9-7-1988 by L.L. No. 8-1988]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
OFFSHORE STRUCTURE
Any structure within the Village of Saddle Rock which is offshore of the mean high-water mark of any body of water within the Village.
B. 
Permits.
(1) 
No offshore structure shall be constructed or erected unless a permit shall have been obtained from the Board of Trustees of the Village of Saddle Rock after a public hearing.
(2) 
In consideration and determination of applications for such permits, the Board of Trustees shall consider the following general standards as applied to the specific application:
(a) 
Whether the proposed structure is necessary to the exercise of the applicant's riparian rights.
(b) 
Whether the proposed structure will be detrimental to the neighboring property owners.
(c) 
Whether the proposed structure will create a hazard to the health, safety or general welfare of the neighborhood or to the residents thereof.
(d) 
Whether the proposed structure will alter the essential character of the neighborhood.
(e) 
Whether the proposed structure will depreciate or tend to depreciate the value of property in the Village.
(f) 
Whether the proposed structure will have an adverse effect on the environment.
(g) 
Whether the applicant has received all necessary permits from the federal and state agencies having jurisdiction.
C. 
Additional requirements. All structures to be constructed or erected under the provisions of this section shall nevertheless be in accordance with all of the other requirements of the Village.
D. 
Approval of permits. The Board of Trustees shall, upon granting of a permit hereunder, impose such reasonable and appropriate conditions, restrictions and safeguards as it may deem necessary or desirable to promote the health, safety and general welfare of the Village and the interests of the owners of adjoining properties.
E. 
Rules and regulations. The Board of Trustees may, from time to time, make rules as to the manner of filing of applications for permits under this section.
F. 
Fee. Each application for a permit for an offshore structure shall be accompanied by a fee of $25 for the first $1,000 and $10 for each additional $1,000 of estimated cost or fraction thereof.
[Amended 7-3-1996 by L.L. No. 3-1996; 12-4-2013 by L.L. No. 1-2013; 6-3-2015 by L.L. No. 1-2015]
A. 
Permit required. No fence or wall may be erected without a permit issued by the Building Department.
B. 
A fence not exceeding four feet in height shall be permitted upon an owner's real property, no further from the property line than is required to allow the installation of appropriate shrubs running alongside the fence for the entire distance of the fence and in height sufficient to conceal the view of the fence from the neighboring property. All such shrubs shall be placed immediately adjacent to and no further from the fence than on the said owner's property line. The foregoing shall apply to all side lot lines and rear yard lot lines. Side lot line fencing shall run from the rear lot line fence, or in the absence of a rear lot fence, from the point where such rear lot line fence would be placed consistent with the foregoing, and extend toward the front of the lot no further than to the point on the side lot line which is exactly even with the rear corner of the residence, on each side. Fencing without shrubs adjacent thereto shall be permitted extending from the rear corner of each side of the outermost wall of the residence, perpendicular to the side yard fence, and not forward of the rear corner on each side of the residence. No other fencing shall be permitted in any other area of the property, except in the rear yard as set forth herein. All fencing shall be constructed of black steel or black aluminum materials, and shall contain vertical slats no more than four inches apart and no more or less than 48 inches in height.
C. 
No person shall install, erect, place or maintain upon real property any fence or wall (including retaining wall) except where such fence or wall is lawfully authorized herein, or was lawfully authorized, and erected and maintained upon the conditions of such authorization, if any, prior to the effective date of this section.
D. 
Notwithstanding the provisions of Subsections A, B and/or C of this section, and notwithstanding any provisions of this Code pertaining to required setbacks from lot lines, where a property boundary line abuts or is adjacent to a waterway, a fence or wall not exceeding three feet in height may be constructed within five feet of the property boundary abutting or adjacent to such waterway, provided that a building permit first shall be obtained for such fence or wall.
[Amended 11-3-1993 by L.L. No. 5-1993; 7-2-1997 by L.L. No. 2-1997]
A. 
Encroachments into required yards are hereby permitted as provided in this section only:
(1) 
Cornices, eaves and gutters projecting not more than 24 inches and chimneys or bay windows not more than six feet in length and projecting not more than 24 inches.
(2) 
One-story open porches and terraces extending not more than five feet into a minimum front yard.
(3) 
One-story enclosed vestibules not greater than six feet in width and five feet in depth, extending into a minimum front yard.
B. 
Nonconforming buildings.
(1) 
No prior legal nonconforming building or structure may be altered or enlarged or reconstructed in any manner which would result in any new or additional violation of any provision of this chapter or which would enlarge or extend any existing violation of this chapter.
(2) 
Notwithstanding the provisions of Subsection B(1) of this section, where any part of a building or structure lawfully extends into a required front yard setback area, the second floor of said building or structure may be altered, enlarged or extended in such manner as to extend into the front yard setback area, provided that no part of the second floor of such building or structure may extend closer to the front property line than the existing first floor structural front wall of the building or structure.
C. 
In any case where the Board of Appeals has diminished a required yard by a variance, none of the foregoing encroachments shall be permitted in such diminished yard, except such encroachments as said Board of Appeals shall permit.
[Added 7-1-2009 by L.L. No. 1-2009]
Exterior energy conservation devices or equipment, including but not limited to solar panels, may be installed or maintained with a building permit, and in accordance with the following conditions:
A. 
Windmills, turbines, man-made streams, watercourses or waterfalls, water wheels, and any other heat or electric generating device not powered by electricity, natural gas or gasoline, and no pole, riser or other support device for any of the foregoing (other than a telephone or electric pole supplied by a utility company), shall be permitted on any property.
B. 
No energy conservation device or equipment shall be located in any required setback area, nor in a front yard or a side yard;
C. 
No energy conservation device or equipment shall be attached to a facade or roof area of any building where such facade or roof area faces a street, without the prior permission of the Board of Appeals; and
D. 
Wherever practical, energy conservation or generating devices or equipment shall be so located on a property so as not to be visible from the street, and so that such devices are not a danger or impediment to public safety, health or welfare. Notwithstanding the foregoing, no solar panel or other energy conserving or generating device shall be located on a roof where the device is visible from a street or another residence without the permission of the Board of Appeals;
E. 
No energy conservation device or equipment shall extend over more than 50% of the surface area of the side or portion of any roof on which the equipment is located; provided, however, that this limitation shall not apply in the case of a flat or pitched roof not visible from the street or another residence.
[Amended 10-19-1953; 11-1-1989 by L.L. No. 6-1989; 5-6-1992 by L.L. No. 2-1992; 7-3-1996 by L.L. No. 3-1996; 12-4-2013 by L.L. No. 2-2013]
A. 
No accessory structure shall be erected or maintained within 17 1/2 feet of the side property line. For the purpose of this section, dog cages or other shelters for the housing or use of dogs shall be deemed to be accessory structures.
B. 
(Reserved)
C. 
Stationary outdoor fireplaces shall be at least 10 feet distant from the side and rear property lines and shall not exceed five feet in height.
D. 
Pools.
(1) 
Permit required. No underground pool may be constructed, erected or maintained unless a permit for same shall have been issued by the Building Department. An application for such permit shall be on such form as may be furnished by the Building Department, and shall be accompanied by complete plans and specifications of the pool, the plan for the disposal of water, the type and location of fencing and a survey or map showing the location thereof with respect to the boundary lines of the land of the applicant. Permits may be issued only upon application of the owner of the land or his, her or its agent duly authorized, in writing, to make such application. Applications shall be accompanied by a permit fee established by resolution of the Board of Trustees.
(2) 
Aboveground pools prohibitions. No outdoor aboveground swimming, lap, wading or bath pool and/or tub exceeding two feet in depth or exceeding 25 square feet of surface area shall be located in or on any yard or other outdoor area of any private property of the Village.
(3) 
Permitted pools. Any structure that contains water and is 18 inches or more in depth and 48 inches or more in diameter is a pool. Such pool may be located inside or outside of a residence. Any pool located inside of a residence must contain a motorized cover, which cover shall be fully extended over the surface of the water at all times when such pool is not in use.
(4) 
Applicable regulations. No such pool and/or tub lawfully in existence on the effective date of this subsection or otherwise permitted as provided above, or as provided hereinafter, shall be erected, placed, located, constructed or maintained temporarily or permanently on any private property in the Village except in compliance with all the laws, rules and regulations of the State of New York, County of Nassau and Town of North Hempstead, including agencies, departments, districts and governmental authorities having jurisdiction in respect to and/or affecting pools, environmental protection, water and/or waste disposal and unless provided with a duly authorized filling mechanism and device and a drain or outlet properly connected and maintained to permit the contents of the pool to be disposed of, in whole or in part, through and into waste disposal facilities provided by public authorities for the disposal of waste. The contents of any pool and/or tub shall not be disposed of, in whole or in part, on the surface of any lands in the Village or through or into any dry well, catch basin or other facility not connected directly to public waste disposal facilities. Water overflowing from the pool shall be prevented from flowing over or into the land of any adjoining property owner. The New York State Uniform Fire Prevention and Building Code is incorporated herein and made a part hereof and shall be applicable to every indoor or outdoor pool and/or tub whether the same shall be in-ground or aboveground without exemption or exception for aboveground pools.
(5) 
Materials of construction. No indoor or outdoor underground swimming pool shall be built, constructed or maintained except of materials having adequate strength to retain the water designed to be contained therein. Each such underground swimming pool shall be designed in accordance with sound engineering practice.
(6) 
Fencing. Fencing shall be in compliance with the provisions of the New York State Residential Code. At a minimum, all outdoor swimming pools shall be enclosed within a fence or other permissible barrier at least four feet high, which can only be entered through self-closing and positive self-latching doors or gates. The knob or handle controlling the latch shall be at least 40 inches above grade. The door or gate shall be locked and access to the pool shall be prevented when not in use or the pool and pool areas are not supervised.
(7) 
Fence type. All fencing shall be constructed of black steel or black aluminum materials, and shall contain vertical slats no more than four inches apart and no more or less than 48 inches in height.
(8) 
Perimeter required. There shall be a perimeter of at least five feet around a swimming pool, which perimeter shall be between the edge of the swimming pool and the fence erected around any indoor or outdoor swimming pool.
(9) 
Lighting. Lighting shall only be permitted in, on or about said swimming pool, and such lighting shall shine into or upon said swimming pool and cast no light or reflections onto abutting properties. All electrical work shall be performed by a licensed electrician in accordance with the provisions of the National Electrical Code.
(10) 
Abandonment. Should the owner abandon the swimming pool, he, she or it shall arrange to remove the depression and return the surface of the round to its original grade and approximately in the same condition as before the underground swimming pool was constructed, and he, she or it shall further notify the Building Department of the abandonment so that the inspection of the site may be made and the records of the permit may be marked accordingly.
(11) 
Location. Every outdoor swimming pool permitted under this regulation shall conform to the following requirements as to location:
(a) 
Not less than a distance of 25 feet from any side line of the lot, and not less than a distance of 15 feet from any rear line of the lot. In addition, a private outdoor pool shall be located only in a rear yard, and the coverage thereof shall not exceed 30% of the area of the rear yard for all accessory buildings and structures located therein.
(b) 
No pool shall be constructed over, in whole or in part, any dry well nor within a distance of 10 feet from any such dry well.
(c) 
All outdoor swimming pools shall have a minimum distance of not less than 15 feet from any main building.
(d) 
All outdoor pool sites shall be enclosed by natural shrubs of a height and an amount so as to provide a reasonable amount of privacy, and so that such pool site shall not interfere with the character of the surrounding properties, and all such shrubbery shall be at the discretion of the Building Department.
(12) 
Protective devices. All pools permitted to be maintained under this regulation shall contain either a pool alarm, which alarm shall be connected to all pool access points, or a motorized cover. If such pool contains a motorized cover, such pool shall be covered at all times when the pool is not in use.
(13) 
The space occupied by the pool and the deck around it has to conform to the Village impervious surface calculations per property.
E. 
Accessory buildings and/or structures, except as otherwise provided in this chapter, shall not be over 15 feet in height at their highest points and shall not occupy more than 40% of the area of the rear yard. The yard area occupied by an accessory building or structure shall be included in computing the maximum percentage of the lot area which may be utilized for building.
F. 
Unless otherwise provided in this chapter, accessory buildings and/or structures on corner lots 100 feet or less in depth shall be located as far as possible from the front property lines, while conforming to the above-mentioned provisions of this chapter.
G. 
No accessory building or structure shall be erected within 25 feet of a building used for residence purposes on an adjoining lot.
H. 
No accessory building or structure shall be erected in a rear yard, the area of which is not sufficient to permit compliance with the provisions of any of the above restrictions.
I. 
A private, detached garage accessory to a dwelling on the same lot or plot may be erected in a side yard and may be extended into the rear yard a distance of 1/2 the length of the garage, provided that the width of the lot is sufficient to permit compliance with the provisions of this chapter dealing with side yards and also all other provisions of this chapter.
J. 
On a corner lot, a private, detached garage accessory to a dwelling on the same lot or plot may be erected in the rear yard, provided that the depth of the lot is sufficient to permit compliance with the provisions of this chapter dealing with side yards and rear yards and the above-mentioned sections.
K. 
No motor vehicle shall be permitted to be parked or otherwise located for parking or standing purposes on any portion of a lot which is not part of the driveway located thereon or the garage to which said driveway gives access. No vehicle shall be parked or left standing on any portion of the lawn or yard of any lot except upon the driveway of said lot.
A. 
Location. No building to be used for dwelling purposes shall be erected in back of or to the rear of a building on the same lot.
B. 
Completion of building. Nothing herein contained shall require any change in plans, construction or designated use of a building, the construction of which shall have begun at the time this chapter becomes effective and which entire building shall have been completed within one year from the date of the adoption of this chapter.
No dwelling or portion thereof, which shall include the garage or other accessory building, may be used or occupied and no structure may be erected or maintained for the harboring of pigeons, swine, goats, rabbits, foxes, mink, skunks or other fur-bearing animals, except when authorized by the Board of Appeals. Dogs and cats are specifically excluded and are thereby permitted.
[Added 12-1-1971; amended 7-5-2006 by L.L. No. 3-2006]
A. 
The keeping or storage for more than 10 consecutive days of boats or boat trailers is hereby prohibited unless the same are stored in the rear yard and not less than 17 1/2 feet from the side lines of the property. The keeping, storage or parking for more than three calendar days in any one calendar month of trucks, buses, house trailers, campers or motor homes is hereby prohibited. The person causing or permitting any such boat, boat trailer, truck, bus, house trailer, camper or motor home to be stored, kept or parked in violation of this chapter and the owner, lessee, occupant or person in charge of the premises on which such boat, boat trailer, truck, bus, house trailer, camper or motor home is kept, stored or parked shall be guilty of disorderly conduct.
B. 
No person may cause or permit the outdoor parking or storage of any unregistered vehicle, or any vehicle registered with dealer plates or commercial plates, for more than one consecutive day or for more than two days in any thirty-day period on any property in the Village of Saddle Rock.