Village of Roslyn, NY Article III Supplemental District Regulations

§ 470-21 (Reserved) [1]

[1] Editor's Note: Former § 470-21, Off-street parking, was renumbered and combined with § 470-22 1-19-2021 by L.L. No. 1-2021.

§ 470-22 Off-street parking.

[Amended 11-20-2001 by L.L. No. 6-2001; 12-15-2009 by L.L. No. 5-2009; 9-21-2010 by L.L. No. 1-2010; 3-18-2014 by L.L. No. 2-2014; 1-19-2021 by L.L. No. 1-2021]

A. General regulations. In any district the following regulations with respect to off-street parking shall apply. No application shall be made for a building permit for the construction, alteration or use of any building, structure or premises for any purposes, and no building permit for such purposes shall be issued, unless the parking spaces shall be provided as follows:

Use	Minimum Number of Off-Street Parking Spaces
Building supply or lumberyards and garden centers	1 per 200 square feet of indoor sales area and 1 per 500 square feet of outdoor sales area
Clubs, dance studios, martial arts schools or commercial recreation facilities	1 per 100 square feet of gross floor area plus 1 space per employee
Health care and assisted living facilities	1 per 2 beds
Hotel or motel	1 per guest room plus 1 space per employee
Medical offices	1 per 150 square feet of gross floor area plus 1 space per employee
Multifamily dwellings, including row houses
0 bedroom units	1 per dwelling unit
1 bedroom unit	1 1/2 per dwelling unit
2 bedroom units	2 per dwelling unit
3+ bedroom units	2 1/2 per dwelling unit
Age-restricted senior citizen housing	1 per dwelling unit
Museums or libraries	1 per 200 square feet of gross floor area plus 1 space per employee
Offices, except medical offices	1 per 250 square feet of gross floor area plus 1 space per employee
Places of assembly, such as movie theaters, places of worship, community centers, etc.	1 per 3 seats plus 1 space per employee
Restaurants, taverns, delicatessens and other establishments serving food or beverage	Either i) 1 per 200 square feet of gross floor area or ii) 1 per 3 seats in a dining area and 1 per 2 seats in a lounge or bar area, whichever shall be greater; in addition, there shall be 1 space per employee and, if take-out service is provided, an additional 5 spaces
Retail stores, banks and other commercial establishments	1 per 200 square feet of gross floor area plus 1 space per employee
Retail uses with outdoor sales areas, such as automotive sales	1 per 200 square feet of indoor sales area plus 1 per 1,000 square feet of outdoor sales area and 1 per employee
Single-family house	2, but in no event more than 4 per house
Storage establishment	1 per 1,000 square feet of gross floor area
Two-family house	2 per dwelling unit
Warehousing, wholesale or manufacturing establishment	1 per 750 square feet of gross floor area
Uses not listed above	According to that which most nearly approximates the use category

B. Alternate parking relief; Parking Trust Fund.

(1) Legislative intent. The Board of Trustees hereby finds that a shortage of municipal and private off-street parking exists within the Village, thus creating congestion and also causing a negative impact upon the viability of the Village's business community. The Board also finds that an alternate method of obtaining a parking variance other than that set forth in § 470-114B(2)(b) will be in the best interests of the Village and will promote the health, safety and welfare of the community. Accordingly, in order to further the goal of creating future municipal and private off-street parking in the Village, the Board hereby seeks to establish a Parking Trust Fund.

(2) Creation of Parking Trust Fund. There is hereby created a Parking Trust Fund in the Incorporated Village of Roslyn for the purpose of receiving funds upon the granting of alternate parking variances and for the further purpose of providing a source of funds for the provision of future municipal off-street parking, including the acquisition of land for said purpose.

(3) Alternate parking variance procedure. In addition to the granting of parking variances pursuant to § 470-114B(2)(b) of this chapter, the Zoning Board of Appeals shall be authorized to grant an alternate form of variance as set forth herein. The Zoning Board of Appeals may vary the parking requirements established in this section by reducing the number of parking spaces required for a specific use or structure at the property under consideration, provided that any such variance shall only be granted subject to a condition requiring a payment to the Village of the sum of $2,000 per parking space so waived, varied or modified for deposit by the Village into the Parking Trust Fund.

(4) Dedicated trust fund. Any moneys deposited into the Parking Trust Fund shall constitute a trust fund to be used by the Board of Trustees exclusively for municipal off-street parking, including the acquisition, improvement and maintenance of land, facilities or parking equipment for said purpose.

(5) Payment required. Payment of the required fee to the Parking Trust Fund pursuant to an alternate parking variance grant of the Zoning Board of Appeals shall be a prerequisite to the issuance of a building permit or other municipal certificate.

C. Residential use.

(1) All driveways and parking areas serving one-family and two-family dwellings shall be paved or graveled to handle adequately the vehicles for which provision is made. All driveways and parking areas serving multifamily developments shall be paved in accordance with the specifications of the Village Department of Public Works.

(2) The off-street parking facilities required for one-family, two-family and multifamily developments shall be on the same lot or parcel of land as the building they are intended to serve.

(3) No parking of vehicles shall be permitted in landscaped, lawn or sidewalk areas nor, as to multifamily developments, in fire lanes, buffer areas or within five feet of any property line.

(4) On state highways or other arterial roads, only one access road to parking areas shall be permitted. On all other roads, access points from any one lot crossing the street line shall be limited to a maximum of two along the frontage of any single street. The center lines of any separate access points shall be spaced at least 45 feet apart, shall handle no more than two lanes of traffic, shall be at least 10 feet from any property side lines, and shall be set back from the street line of any intersecting street at least 50 feet. Continuous open driveways in excess of 16 feet at the street line shall be prohibited, except that two-way driveways serving multifamily developments shall be at least 22 feet wide. In all instances, due consideration shall be given to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes. Curbing shall be depressed at the driveway or may be rounded at the corners and the driveway connected with the street in the same manner as another street.

(5) All parking areas serving multifamily developments shall be designed to permit each vehicle to proceed to and from the parking space provided for it without the moving of any other vehicle, except in the case of a space in front of an enclosed garage. Aisles providing access to parking spaces shall have the following minimum dimensions:

Angle of Parking Space	One-Way Aisle (feet)	Two-Way Aisle (feet)
90°	25	25
60°	18	20
45°	15	20
30°	13	18
Parallel	13	18

(a) Where the angle of the parking is different on both sides of the aisle, the larger aisle width shall prevail.

(b) All parking stalls shall have a minimum width of nine feet and a minimum depth of 18 feet, except that all handicapped spaces shall be in compliance with ICC/ANSI A117.1 as adopted by the New York State Building Code.

(6) No part of the parking area shall be used for the storage or abandonment of any article or material.

(7) No commercial vehicle shall be parked or stored outdoors overnight in any residential zone, and only one such vehicle per lot may be housed in such districts, provided that it is housed within a garage at all times.

(8) Access driveways shall be marked with arrows indicating proper flow of traffic, and individual parking spaces shall be shown.

(9) Parking areas serving multifamily developments shall be illuminated at night. Such illumination, lighting and screening shall be subject to the prior written approval of detailed plans submitted to the Building Inspector and shall be so constructed, arranged and shielded that no direct light rays from any light or fixture used in such illumination shall constitute a nuisance to the occupants of any neighboring residences or buildings. Any lighting or illumination constituting such a nuisance is hereby strictly prohibited.

D. Nonresidential uses.

(1) Landscaping. To the maximum extent possible, each off-street parking area shall have a minimum landscaped area equivalent to one parking space per every 10 parking spaces, with 1/2 said area having shrubs no higher than three feet and the other half having trees with branches no lower than seven feet. Such landscaped areas shall be distributed throughout the parking area in order to break the view of long rows of parked cars in a manner not impairing visibility and shall be provided separate and apart from the requirements for buffers as specified elsewhere in this chapter.

(2) Surfacing and curbing. All driveways and parking areas serving nonresidential uses shall be paved and curbed in accordance with the specifications of the Village Department of Public Works.

(3) Access driveways shall be marked with arrows indicating proper flow of traffic, and individual parking spaces shall be striped.

(4) Parking areas shall be illuminated at night during the business hours of the building which they serve. Such illumination, lighting and screening shall be subject to the prior written approval of detailed plans submitted to the Building Inspector and shall be so constructed, arranged and shielded that no direct light rays from any light or fixture used in such illumination shall constitute a nuisance to the occupants of any neighboring residences or buildings. Any lighting or illumination constituting such a nuisance is hereby strictly prohibited.

(5) Access. On state highways or other arterial roads, only one access road to parking areas shall be permitted. On all other roads, access points from any one lot crossing the street line shall be limited to a maximum of two along the frontage of any single street. The center lines of any separate access points shall be spaced at least 45 feet apart, shall handle no more than two lanes of traffic, shall be at least 10 feet from any property side lines, and shall be set back from the street line of any intersecting street at least 50 feet. Continuous open driveways in excess of 16 feet at the street line shall be prohibited, except that two-way driveways serving multifamily developments shall be at least 22 feet wide. In all instances, due consideration shall be given to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes. Curbing shall be depressed at the driveway or may be rounded at the corners and the driveway connected with the street in the same manner as another street.

(6) Location of parking and loading.

(a) No parking of vehicles shall be permitted in fire lanes, driveways, landscaped areas, aisles, buffer areas, sidewalks or turning areas or within five feet of any property line.

(b) Except where permitted in the HS-O Historic/Scenic Overlay District as part of a shared parking arrangement, off-street parking facilities required for nonresidential uses shall be provided within 400 feet of the building they are intended to serve, measured between the nearest point of the off-street parking facilities and the nearest point of the building. All such parking spaces shall be owned, leased or otherwise under the control of the user of the nonresidential use.

(c) No parking space or aisle shall be provided within a ten-foot setback from the public street right-of-way.

(7) Type of facility. The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles.

§ 470-23 Garages.

A. In the residential districts, a private detached or attached garage accessory to a dwelling on the same lot or parcel shall be erected in a rear yard or side yard.

B. In any residential district where residential use is permitted, a private detached or attached garage shall be permitted as an accessory use to a multiple-family dwelling as part of the site plan approval process.

C. In any R-1 or R-2 District, no accessory garage shall be erected to house more than two passenger vehicles, unless a special permit therefor shall have been granted by the Board of Trustees.[1]

[1] Editor's Note: Original § 15.303D, which immediately followed this subsection and dealt with commercial vehicles, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 470-22A(7).

D. No garage shall exceed 17 feet in height.

E. No garage shall have less than a three-foot side yard setback and a three-foot rear yard setback.

§ 470-24 Open storage.

[Amended 4-15-2014 by L.L. No. 7-2014]

No property shall be used for the open storage of any article, merchandise, material, machinery, vehicles or other related items.

§ 470-25 Accessory buildings and structures.

[Amended 5-21-2013 by L.L. No. 3-2013]

Except for outdoor pools, decks and garages, the following regulations shall apply to accessory buildings and structures in any residence district:

A. A detached accessory building or structure may be located in and may occupy not more than 30% of the area of any rear yard and shall be located a distance of at least:

(1) Eight feet from any dwelling or main building.

(2) One foot from any lot line, with no cornice overhanging such building more than six inches.

(3) Forty-five feet from any street line, except that on a corner lot the distance shall be at least 45 feet from the line of the street of narrower frontage and 15 feet from the line of the street of greater frontage.

B. No accessory building or structure shall have a dimension in excess of 100 square feet in area, nor shall such building or structure exceed 10 feet in height.

C. No accessory building may be used for habitable space.

D. Mechanicals and other equipment, including, but not limited to, generators, central-air-conditioning units, pool pumps and any noise- or vibration-producing equipment shall require a permit and shall be installed and located as follows:

(1) Equipment may only be installed in the rear yard in conformance with the setback requirements for the zoning district in which it is located.

(2) Distances to other structures and equipment shall comply with the New York State Building Code in effect at the time and the manufacturer's installation requirements.

(3) Equipment shall be screened to minimize the visual and acoustical impacts to surrounding properties. Screening will comply with the requirements of the Village of Roslyn Historic District Board when the installation is within the Roslyn Historic District.

§ 470-26 Unlicensed or inoperative motor vehicles; motor vehicle repairs.

A. No lot or parcel shall be used for the outside storage of an inoperative or unlicensed motor vehicle or vehicles except as otherwise permitted in this chapter. No repairs shall be made to such vehicle or vehicles outside of enclosed buildings. Nothing herein shall be construed to prohibit the storage of such vehicle or vehicles inside a garage or other building located on the premises, provided that such vehicle or vehicles are owned by the owner or occupant of the principal residence.

B. Motor vehicle repairs.

(1) The following uses shall not be permitted in any residential district: motor vehicle repairs of a major nature, including but not limited to auto painting, body work or extensive mechanical repairs. Nothing contained herein shall be deemed to prohibit either emergency repairs or preventive maintenance of a minor nature, such as an oil change or tune-up; provided, however, that such preventive maintenance is performed upon the premises by an individual who is an occupant of said premises and that the motor vehicle upon which the emergency repairs and/or preventive maintenance is being performed is registered in the name of the occupant of said premises.

(2) The following uses shall not be permitted in all other zoning districts: all motor vehicle repairs are hereby prohibited, except for emergency repairs, on all public streets in all zoning districts other than residential, throughout the Village of Roslyn.

(3) The following uses shall not be permitted in municipal parking fields: all motor vehicle repairs are hereby prohibited in all municipal parking fields.

§ 470-27 Satellite dish antennas.

A. Purpose. The Board of Trustees hereby determines that in a community such as the Village of Roslyn, comprised principally of one-family homes, many of which are of historic significance, the aesthetic impact of large parabolic or hemispheric discs or other similar antennas or devices measuring several feet in diameter can be offensive to the residential community and be inconsistent with the character of the neighborhood. If unregulated, such devices can be disruptive to the appearance of the skyline and disrupt the pleasant nature and character of the community. Also, the interests of public safety require that such devices be installed in accordance with well-defined engineering standards, and other safety measures, such as fencing around the base, may be necessary. These aesthetic and safety concerns do not arise in connection with dipole antennas, which blend into the skyline. The Board also finds that a regulatory scheme such as is set forth herein allows a reasonable balancing of the needs of the community and the rights of persons to reasonable access to television or radio stations that they desire and to allow such antennas to fit into the character of the community.

B. Compliance required. No person shall cause, suffer or permit the erection, construction, installation, relocation and/or maintenance of any parabolic or hemispheric disc or satellite receive-only antenna or other similar antenna or device, the purpose of which is to receive television, radio and/or microwave or other electrical or similar signals from satellites or from ground facilities which transmit such signals, except as provided herein.

C. Permit required.

(1) In any commercial or industrial district, a satellite receive-only antenna two meters or less in diameter is permitted without permit.

(2) In any district other than a commercial or industrial district, a satellite receive-only antenna one meter or less in diameter is permitted without permit.

(3) In all other instances, no erection, construction, installation and/or maintenance of any satellite dish antenna shall be permitted or continued except when permitted by special use permit by the Zoning Board of Appeals after public hearing. The first permit granted to any applicant under this section shall be conditional and shall be for a period of not more than two years. Any application for renewal of such conditional permit shall be acted upon in the same manner as an initial application.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Requirements for special use permits.

(1) In evaluating whether a special use permit should be issued, the Zoning Board of Appeals shall consider the purposes set forth in this section.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) The antenna or other device shall be located only in the rear yard of the lot unless the applicant establishes that other placement is necessary to obtain reasonable reception.

(3) No permit shall be issued if the Zoning Board of Appeals finds that either the type of antenna or disc or the method of its placement will endanger the safety of residents, neighbors or pedestrians or threaten property on the applicant's lot or adjoining lots.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(4) Use of any illumination for the disc or antenna is strictly prohibited.

(5) All connections shall be made so that wiring and supporting cables shall not be visible from the street or sidewalk.

(6) No more than one parabolic, hemispheric, satellite receive-only, or similar antenna shall be erected, constructed, installed or maintained on a single lot or premises.

(7) The Board of Appeals shall impose such screening requirements that are reasonable to effectuate the purposes set forth in this section and that will not substantially limit reception.

E. Application for permit. All applications for special use permits shall be filed with the Zoning Board of Appeals. The application shall describe the subject premises by street address and by section, block and lot number and shall describe the present use of the premises. In addition, the application shall be accompanied by the following:[4]

(1) A location survey showing existing structures upon the premises, their location and distance from the proposed disc or antenna, the dimensions of the parabolic disc or antenna, the setbacks of the parabolic disc or antenna from each property line and all properties and structures within a two-hundred-foot radius of the premises, showing the names and street addresses of the record owner of such property.

(2) A detailed plan showing the material from which the parabolic disc or antenna is to be constructed and the proposed color of the parabolic disc or antenna and details illustrating the structural support system.

(3) A landscape plan illustrating adequate screening of the parabolic disc or antenna which will be provided to screen the parabolic disc or antenna from the roadway and adjoining property owners. Unless demonstrated to be impracticable, all screening required shall be by coniferous trees and shall be of sufficient height and density to screen 100% of the parabolic disc or antenna from sight at ground level from the roadway and from properties located within a two-hundred-foot radius of the premises during the entire year.

(4) An application fee which shall be as set forth in § 470-115.

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

F. Notice required. Prior to the public hearing held by the Zoning Board of Appeals, the applicant shall file a certification of notice showing that all property owners within 200 feet of the applicant's property were notified, in writing, by the applicant of the application, by certified mail, return receipt requested, at least 10 days and no more than 21 days before the date scheduled for the public hearing.[5]

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 470-28 Retaining walls.

A. No retaining wall may be built within the Village unless the Building Inspector issues a permit for its construction. Application for a permit shall be made on a form promulgated by the Building Inspector.

B. Permit application.

(1) No permit will be issued for a retaining wall unless:

(a) The application is accompanied by plans for the development of the land that the retaining wall is intended to support and of any other land on the same tax lot or lots; or

(b) The application demonstrates a serious erosion or flooding problem or a serious threat to public health and safety which can be solved by a retaining wall or walls.

(2) The Building Inspector may require additional information to evaluate applications presented under this subsection.

C. In a residential zoning district, or within 50 feet of a residential zoning district, no retaining wall may exceed five feet in height. In other districts, no retaining wall may exceed eight feet in height. Height shall be measured from the lowest point on the adjoining grade. This subsection shall not prohibit applications for a series of retaining walls in a parallel step design.

D. A minimum of five horizontal feet is required between retaining walls in parallel step design. The area between such retaining walls must be landscaped with natural material and must be maintained.

E. No retaining wall may exceed the height of the adjoining grade that it supports or retains.

F. Provision must be made to accommodate stormwater on a property during construction and after completion of a retaining wall.

G. The height restrictions of this section do not apply to retaining walls whose construction was completed and which were backfilled prior to the effective date of this chapter. If such walls are determined to be unsafe by the Building Inspector or by a licensed engineer or architect, they may be repaired, subject to approval by the Building Inspector, provided that the repaired structure is of the same, or smaller, size and type. If such walls are demolished or abandoned, however, any replacement retaining wall must conform to this article.

H. If the property is in the Historic/Scenic Overlay District, permission must first be received by the Historic District Board prior to construction of a retaining wall.

I. Timber cribbing, timber walls of any type, prefabricated pipe and concrete cesspool sections shall not be permitted to be used in the construction of retaining walls.

[Added 7-17-2001 by L.L. No. 3-2001]

§ 470-29 Swimming pools.

[Added 11-20-2001 by L.L. No. 4-2001]

A. Residential swimming pools accessory to single-family dwellings.

(1) In general. Such provisions of this section as may be deemed applicable by the Superintendent of Buildings and the Board of Trustees shall apply to the installation, construction, maintenance and use of residential swimming pools accessory to single-family dwellings.

(2) Definitions. For the purpose of this section, certain words, terms and phrases shall be interpreted or defined as follows:

APPROVED ENCLOSURE

An enclosure approved by the local code enforcement official under the regulations of the Uniform Code.

BUILDING PERMIT

A permit issued by the Superintendent of Buildings, in a manner prescribed by this section, for the construction, installation, erection, alteration, modification, demolition of or change in any swimming pool.

SWIMMING POOL

Any man-made receptacle or structure which is able to retain water to a depth of a minimum of 24 inches at any point or has a surface area of greater than 100 square feet and is designed or intended for the purpose of partial immersion therein of human beings, and intended for bathing, swimming or diving purposes, made of concrete, masonry, metal or any other impervious materials. "Swimming pool" shall include aboveground swimming pools, below-ground swimming pools, and semi in-ground swimming pools.

[Amended 8-19-2003 by L.L. No. 3-2003[1]]

UNIFORM CODE

The New York State Uniform Fire Prevention and Building Code.

[1] Editor's Note: This local law also deleted the definitions of "swimming pool (above-ground)," "swimming pool (below-ground)" and "swimming pool (semi in-ground)" which immediately followed this definition.

(3) Permit and certificate required. It shall be unlawful to construct, erect, install, modify, alter or change any below-ground, semi in-ground or aboveground residential swimming pool accessory to a single-family dwelling or to permit any of such acts without first obtaining a building permit, and it shall be unlawful to use such pool without obtaining a certificate of occupancy.

(4) Fees. The fee for a building permit, certificate of occupancy and certificate of completion shall be as established by resolution of the Board of Trustees. Such fee shall accompany each application, which shall be in writing and shall be filed in duplicate with the Superintendent of Buildings. The form for such application shall be as prescribed by the Superintendent of Buildings.

(5) Building permits; additional requirements. In addition to the requirements for the issuance of a building permit set forth in this chapter and the Uniform Code, no building permit for a swimming pool shall be issued by the Superintendent of Buildings unless and until:

(a) There have been submitted to the Superintendent of Buildings detailed plans and drawings for the swimming pool, duly certified by a licensed professional engineer, that the swimming pool to be constructed, erected, installed, modified, altered or changed pursuant to said plans and drawings includes adequate facilities for the maintenance of the water to be contained therein in a safe and sanitary condition and that the overflow and drainage systems to be provided are adequate to dispose of such water without interfering with adjoining properties, any public water supply system, existing sanitary facilities and the streets, roads and highways of the Village.

(b) All of the provisions of the Uniform Code, this chapter, this section and any other laws and regulations applicable to the proposed construction, erection, installation, modification, alteration or change have been complied with.

(c) A written statement has been submitted to the Superintendent of Buildings certifying that the applicant will properly guard and protect a pool under construction as provided in this section and until the fencing provisions of this section have been complied with.

(6) Drawings and plans. All drawings and plans for the construction, erection, installation, modification, alteration or change of any swimming pool shall show all lot lines of the property where the pool is to be located and shall include, in detail, all information pertinent to said swimming pool, fence construction, water supply systems, drainage systems, water disposal systems, electrical systems and all appurtenances thereto.

(7) Safeguards during construction. During the time that a pool is under construction and until such time as the fencing provisions of this section have been complied with, such pool under construction shall be completely enclosed by a substantial fence not less than four feet in height.

(8) Water supply, disposal and drainage.

(a) All swimming pools shall have an acceptable drainage system or systems self-contained upon the premises and adequate to dispose of the water therein. No water shall be permitted to drain or run off into an adjoining property or into any street, road or highway in the Village, with the exception, however, that in an emergency water may be discharged directly to an existing Village storm sewer, provided that prior permission therefor has been obtained from the Superintendent of Public Works or the Administrator of the Village. If leaching pools are used to dispose of the pool water, the minimum volume of the leaching pool shall be equal to at least 1/10 of the total volume of the pool as measured to the skimmer. No wastewater other than from the pool shall discharge into the dry well.

(b) No wastewater from any pool shall discharge into a septic tank, cesspool or other sewage disposal system.

(9) Health, cleanliness and safety.

(a) There shall be no cross-connection with any public water supply system. If the water is supplied from a public water system, an approved type backflow device shall be installed and the inlet shall be above the overflow level of the swimming pool. The water in the swimming pool shall be chemically treated so as to maintain bacterial standards which shall meet the same standards established for public swimming pools by the New York State Sanitary Code and the Nassau County Department of Health. All swimming pools shall have an efficiently operating filtering system which shall be maintained in good working order at all times. All swimming pools shall be maintained in a clean and healthful condition, and no such pool shall be permitted to accumulate foul, stagnant or dirty water. The owner of every swimming pool shall at all times maintain the same and the fence and gates surrounding said pool, as hereinafter prescribed, in a clean, safe and sanitary condition.

(b) The main drain covers in all swimming pools shall be installed in accordance with recognized safety standards and practices.

(10) Public, institutional or recreational swimming pools. In addition to this section, all public, institutional or recreational swimming pools shall be in compliance with the Uniform Code Reference Standard to the State Sanitary Code 10 NYCRR Part 6, Subpart 6-1.

(11) Fences and enclosures.

(a) All outdoor swimming pools shall be provided with an approved enclosure which shall be at least four feet in height and have a maximum vertical clearance to grade of two inches. Where a picket-type fence is provided, horizontal openings between pickets shall not exceed four inches. Where a chain-link fence is provided, the openings between links shall not exceed 2 3/8 inches. Enclosures shall be constructed so as not to provide footholds. Pickets and chain link twists shall extend above the upper horizontal bar. Such enclosure shall have railings and posts within the enclosure which shall be capable of resisting a minimum lateral load of 150 pounds applied midway between posts and at top of posts, respectively.

(b) Gates provided in the enclosure shall be self-closing and self-latching with the latch handle located within the enclosure and at least 40 inches above grade, and there shall not be more than two openings for ingress and egress.

(c) All gates shall be kept securely closed at all times, whether or not the swimming pool is occupied, and shall be locked whenever the swimming pool is unattended.

(d) A wall of a building is permitted to serve as part of a swimming pool enclosure, provided that there is no direct access from the dwelling to the pool, that windows in the wall shall have a latching device at least 40 inches above the floor, that a swinging door in the wall shall be self-closing and self-latching and that a sliding door in the wall shall have a self-latching device.

(e) A fence which runs along the property line or on any part thereof may form part of the swimming pool enclosure, except that no gates in such fence shall be used as common ingress and egress to the property.

(f) No part of a yard in which a pool is located or which is capable of being used for any other activity shall be permitted to be included within the perimeter of the swimming pool enclosure.

(g) Exemptions. Aboveground pools with at least 48 inches between pool decking or pool top and the adjoining grade are exempt from the requirements of this Subsection A(11), provided that their access ladder or steps are blocked by an enclosure with a self-closing, self-latching gate. An aboveground pool less than 24 inches deep is exempt from the requirements of this Subsection A(11).

(h) A manually, electrically or mechanically operated pool cover does not meet the requirements for enclosure of a pool.

(12) Size and location.

(a) An in-ground or semi in-ground swimming pool shall be located only in the rear yard of the premises and shall be set back at least 20 feet from any property line and at least 20 feet from any building or structure.

(b) An aboveground swimming pool shall not be placed closer than 20 feet to any property line and shall be 20 feet from any residential building.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(c) No swimming pool shall occupy more than 10% of the total lot area of the premises upon which the swimming pool shall be located, nor shall such swimming pool exceed a height of 72 inches above the ground level for the overall structure.

(d) No aboveground swimming pool shall have a water capacity in excess of 10,000 gallons as measured to the top of the skimmer.

(e) All swimming pools shall comply with the requirements of the Uniform Code and all provisions of this chapter relating to accessory structures, except that the lot area occupied by said swimming pools shall not be included in computing the percentage of the lot area which may be built upon.

(13) Electrical alarm devices. In-ground and semi in-ground pools shall be equipped with an electrical device to sound alarm on entry to the pool area or pool.

(14) Proximity to electrical installations. No swimming pool shall be constructed, erected, installed, placed or otherwise situated within a twenty-five-foot radius, as measured on a horizontal plane, of any aboveground electrical power wires, cables or lines.

(15) Lights. All lights used to illuminate a swimming pool or swimming pool area shall be shielded so as to prevent their shining upon the property of any adjacent property owner.

(16) Noise. No loudspeaker device, radio, phonograph, tape or compact disc player or amplifier system shall be used or maintained in connection with any swimming pool which would cause a public disturbance or create a public nuisance.

(17) Existing pools. All swimming pools in existence at the time of passage of this section shall be maintained and operated in accordance with the provisions set forth in this section.

(18) Abandonment.

(a) Should an owner abandon a below-ground or semi in-ground pool, he shall remove the pool or cut openings into the bottom of the pool, fill the depression and return the surface of the ground to its original grade and to approximately the same condition as before the pool was constructed. He shall notify the Superintendent of Buildings so that an inspection of the depression and of the finished work may be made and the permit records marked accordingly.

(b) Should the owner abandon an aboveground pool, he shall drain and dismantle it and ensure its proper storage or disposal so as not to become a blight on the neighborhood. He shall thereupon notify the Superintendent of Buildings so that an inspection of the site may be made and the permit records marked accordingly.

(19) Enforcement. In addition to the penalties provided for violation of any of the provisions of this chapter, the Superintendent of Buildings is hereby empowered to drain any swimming pool and compel the removal of any pool that fails to meet the requirements of this section as to construction, maintenance, fencing, water disposal, lighting, noise control and appurtenances. The cost of such drainage or removal shall be assessed against the real property on which the pool is located. The costs so assessed shall constitute a lien and charge upon such real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other charges, taxes and assessments of the Village.

(20) Appeals. Any resident aggrieved by a decision of the Superintendent of Buildings under this section may appeal same to the Zoning Board of Appeals.

B. All swimming pools other than residential swimming pools accessory to single-family dwellings. It shall be unlawful to construct, erect, install, modify, alter or change any below-ground, semi in-ground or aboveground swimming pool, other than a residential swimming pool accessory to a single-family dwelling, or to permit any of such acts without first obtaining the approval of the Zoning Board of Appeals after a public hearing held upon such notice and pursuant to such procedures set forth by § 470-114C and only upon issuance of a permit, and it shall be unlawful to use such pool without obtaining a certificate of occupancy in the manner prescribed in this chapter, the Uniform Code and this section.

§ 470-30 Fences.

[Added 11-20-2001 by L.L. No. 5-2001]

A. Definitions. For the purpose of this section, certain words, terms and phrases shall be interpreted or defined as follows:

CONSTRUCTED FENCE

Any wall or barrier erected on premises for the purpose of enclosing an area of land or dividing an area of land into parts.

FRONT YARD

That area of a lot extending from the front line of the principal building to the front property line of the lot and bounded by side property lines.

HEIGHT

The distance measured from the average grade on the lower side of a fence to the top of the fence.

LIVING FENCE

Any fence, hedge or barrier consisting of bushes, trees or other vegetation planted in such manner as to impede a person from walking through or over the barrier.

B. Permit required. No fence of any kind may be erected without a building permit issued by the Superintendent of Buildings.

C. Constructed fences. No person shall be permitted to erect or maintain or cause to be erected or maintained any constructed fence except as follows:

(1) Constructed fences shall not exceed a height of more than four feet, with the exception of an open-wire constructed fence of an approved type, which shall not exceed six feet in height.

(2) Constructed fences shall not be erected closer than six inches to a property line.

(3) No constructed fences shall be erected in a front yard except on properties located in the historic district.

(4) The decorative side of all constructed fences shall face away from the lot or parcel enclosed.

(5) Constructed fences shall be erected and maintained so as to permit access from the front yard to the rear yard for emergency personnel.

(6) No constructed fences shall be erected or maintained in such a way so as to interfere with the sight lines of traffic.

D. Living fences. No person shall be permitted to erect or maintain or cause to be erected or maintained any living fence except as follows:

(1) Living fences in a front yard shall not exceed three feet in height.

(2) Living fences shall not be maintained closer than 1 1/2 feet to a property line.

(3) Living fences shall be planted and maintained so as to permit access from the front yard to the rear yard for emergency personnel.

(4) Living fences shall not encroach beyond the property line so as to interfere with public walkways.

(5) No living fences shall be erected or maintained in such a way so as to interfere with the sight lines of traffic.

E. Prohibited fence materials. No person shall be permitted to erect or cause to be erected any barbwire, razor, chain link except with closed loop at the top, electrically charged, short pointed metal, poultry, turkey wire, or any similar type fence.

F. Nonconforming fences. Any fence legally in existence on the effective date of this section shall be permitted to remain, provided that such fence is maintained and repaired.

G. Appeals. Any person seeking review of the action of the Superintendent of Buildings may appeal to the Historic District Board if the proposed location of the fence is within the Historic/Scenic Overlay District and to the Zoning Board of Appeals if the proposed location of the fence is outside of the Historic/Scenic Overlay District. The Historic District Board or the Zoning Board of Appeals may modify or waive the requirements of this section only upon a showing that to do so would not be detrimental to the neighborhood or to the residents thereof.