[Amended 10-16-2017 by L.L. No. 2-2017]
A.
Any nonconforming
use existing at the effective date of this chapter may be continued,
and any existing building designed, arranged, intended or devoted
to a nonconforming use may be reconstructed and structurally altered
and the nonconforming use therein continued, subject to the following
regulations:
(1)
The cost of structural alterations made in such building
shall in no case exceed 50% of its structural value, nor shall the
building be enlarged unless the use therein is changed to a conforming
use.
(2)
No nonconforming use, if once changed to a use permitted
in the district in which it is located, shall ever be changed back
to a nonconforming use.
(3)
No nonconforming use which shall have been discontinued
for a period exceeding six months shall be resumed, nor shall it be
replaced by any other nonconforming use.
(4)
Whenever a district shall hereafter be changed, any
then existing nonconforming use therein may be continued or changed
to a use of similar or higher classification, provided that all other
regulations governing the new use are complied with.
B.
Nonconforming lots.
(1)
A nonconforming lot may be used and a building or structure may be
erected thereon for use in accordance with all other applicable provisions
of this chapter, provided that it has been held in continuous single
and separate ownership from all adjacent lots since prior to August
30, 1976, or prior to any subsequent date that it became nonconforming
with respect to its area dimensions or uses.
(2)
If at any time on or after August 30, 1976, a nonconforming lot shall
have been held in the same ownership as one or more adjoining parcels,
the lot shall be merged with the adjoining parcel for zoning purposes
and shall lose its status as a nonconforming lot, except to the extent
that the lot created by the merger of the adjoining parcels may still
be substandard with respect to one or more of the dimensional regulations
of the district in which it is situated.
(3)
No merger shall hereafter result under this chapter where the ownership
of a nonconforming lot becomes the same as the ownership of an adjoining
parcel as a result of the death of an owner of one of those parcels.
No trade, industry or purpose shall be permitted which, in the judgment of the Board of Appeals, as provided in Article V, is likely to be so conducted as to create corrosive or toxic fumes, gas, smoke or odors, obnoxious dust, vapor or wastes or offensive noise or vibration or so as to be detrimental to the public health, safety or general welfare.
[Added 11-22-2021 by L.L. No. 7-2021]
A.
The Board of Trustees of the Village of Bellerose hereby opts out
of allowing retail cannabis dispensaries and/or on-site cannabis consumption
establishments from locating and operating within the boundaries of
the Village of Bellerose.
B.
Severability. If a court determines that any clause, sentence, paragraph,
subdivision, or part of this section or the application thereof to
any person, firm or corporation, or circumstances is invalid or unconstitutional,
the court's order or judgment shall not affect, impair, or invalidate
the remainder of this section, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, or part of this section
or in its application to the person, individual, firm or corporation
or circumstance, directly involved in the controversy in which such
judgment or order shall be rendered.
[Added 8-30-1976 by L.L. No. 3-1976]
No lot shall be created so as to conform with the minimum area requirements of §§ 210-8 and 210-19 of the Code of the Incorporated Village of Bellerose by adding area to such lot by deducting such area from an adjoining lot if such deduction of area from an adjoining lot shall decrease the area of such adjoining lot to a square footage less than that required by §§ 210-8 and 210-19 of the Code of the Incorporated Village of Bellerose.
On any corner lot, no wall, fence or other structure
shall be erected or altered, and no hedge, tree, shrub or other growth
shall be maintained, which may cause danger to traffic on a street
by obscuring the view.
[Amended 5-14-1984 by L.L. No. 3-1984[1]]
No building or part of a building shall be erected
in or shall project into a minimum rear yard requirement, a minimum
front yard requirement or a minimum side yard requirement, with the
following exceptions:
A.
Cornices, eaves, gutters or chimneys, projecting not
more than two feet.
B.
One-story bay windows projecting not more than five
feet.
C.
Open balconies and steps.
D.
Porches or terraces which shall project into rear
yards not more than 10 feet or open porches of terraces which shall
project into one side yard but shall not be nearer to the side line
of the lot than the minimum side yard requirement.
[1]
Editor's Note: A resolution adopted 5-14-1984
determined that this local law would not have a significant effect
on the environment, and authorized the Mayor to execute a short environmental
assessment form, pursuant to the provisions of Appendix B of Part
617 of the New York Rules and Regulations, for submission to the proper
governmental authorities in connection with the adoption of this local
law, said form being on file in the office of the Village Clerk.
[Amended 5-14-1984 by L.L. No. 4-1984[1]]
A.
Accessory buildings may be built or constructed within
one of the side yards or within a rear yard if entirely separated
from the main building and located at least 10 feet farther back from
the street line than the rear wall of the main building and if constructed
no closer to the main building than 10 feet, as that distance may
be measured from the points whereat the accessory building and the
main building are the closest in distance, and not less than two feet
from any lot line. No main building on any premises shall be constructed
or extended, in any fashion whatsoever, so that the distance between
the main building and any existing accessory structure, as that distance
shall be measured between the points on the accessory building and
the proposed main building or extension thereof which are closest
in measurement, shall be less than 10 feet.
B.
It is the intent of the Board of Trustees, in the
enactment of this section, to prohibit placing of structures on premises
in such close proximity as to render it difficult to deal with emergency
situations and particularly fire situations at premises within the
Village and to ensure the safety of those engaged in dealing with
such emergencies, including fires, within the Village, it being the
judgment of the Board of Trustees (arrived at after study) that a
distance of not less than 10 feet between accessory structures and
main buildings on premises and a distance of not less than two feet
between accessory structures and lot lines is required to permit firemen
and other emergency personnel of the Village to deal with fires and
other emergencies effectively and with the least possible danger to
firemen and other emergency employees under the circumstances which
might then prevail.
[1]
Editor's Note: A resolution adopted 5-14-1984
determined that this local law would not have a significant effect
on the environment, and authorized the Mayor to execute a short environmental
assessment form, pursuant to the provisions of Appendix B of Part
617 of the New York Rules and Regulations, for submission to the proper
governmental authorities in connection with the adoption of this local
law, said form being on file in the office of the Village Clerk.
No regulation or requirement of this chapter
shall be deemed to require the setback of any building beyond the
average setback line observed by the buildings existing at the effective
date of this chapter on the same side of the street within the same
block, provided that there are two or more buildings on such block.
In no event shall the building area in any district
be exceeded by reason of the deduction of yard areas required, leaving
a greater percentage of lot area, nor shall the yard areas in any
district be decreased by reason of the permitted building area.
[Amended 4-14-2003 by L.L. No. 2-2003]
No fence, freestanding wall, arbor or trellis
shall be erected or maintained in any front yard extending from the
rear wall of the dwelling or building to the street line. In the case
of a corner lot, no such structures shall be erected or maintained
in the front yard, but such structure may be erected in the side yard
from the rear building line to the rear boundary line but no closer
than 10 feet within the street line.
No fence or freestanding wall exceeding 36 inches
in height shall be erected or maintained in any rear or side yard
unless a permit therefor has been obtained from the Board of Appeals.
For the purposes of this section a side yard is defined as that yard
extending from the rear building line to the rear property line. However,
a fence or freestanding wall not exceeding eight feet in height may
be erected and maintained in any rear yard abutting upon the southern
boundary line of the Village, the same being the right-of-way of the
Long Island Rail Road, or in any rear yard abutting the Apartment
and Business District of the Village. A fence or wall of any greater
height shall not be erected or maintained unless a permit therefor
has been first obtained from the Board of Appeals. In connection with
the issuance of any such permit, whether applied for in connection
with a rear or side yard or applied for in connection with a rear
yard abutting upon the southern boundary line of the Village, the
Board of Appeals shall be guided in the issuance thereof by a showing
of necessity therefor by the applicant for such permit and by the
aesthetics of such proposed fence or freestanding wall as judged with
reference to the interests of the owners of neighboring properties
in the Village as a whole.
[1]
Editor's Note: An environmental assessment
of this local law was adopted by resolution of 9-24-1984.
[Amended 5-23-1983 by L.L. No. 2-1983]
Any other provision of this chapter to the contrary
notwithstanding, there shall not be permitted anywhere in the Village
a chain link fence, nor shall there be permitted any flat or solid-faced
fence. A flat or solid-faced fence is defined as a fence containing
wood or other materials solid in nature with any components thereof
being more than six inches in width.
[Added 5-23-1983 by L.L. No. 3-1983]
Any other provision of this chapter to the contrary
notwithstanding, all fences erected within the Incorporated Village
of Bellerose after the effective date of this section shall be so
erected so that the finished side of such fence or fences faces outward
from the property to which the said fence shall be appurtenant and
so that the posts and supporting railings thereof shall face the property
to which such fence or fences are appurtenant. This section shall
not apply to any fence which may be erected or maintained in any rear
yard abutting upon the southern boundary of the Village, the same
being the right-of-way of the Long Island Railroad, or in any rear
yard abutting the Apartment and Business District of the Village.
When a fence shall be jointly erected by the owners of adjoining properties,
they shall file with the Clerk of the Village of Bellerose an agreement
signed by each of them, indicating their agreement (for themselves
and for their successors) as to the erection of the fence and the
direction in which the finished side of the fence shall face.
[Added 5-23-1983 by L.L. No. 3-1983]
Every fence hereinafter erected within the Incorporated
Village of Bellerose shall be finished or painted in such fashion
and in such color as to be aesthetically consistent with its surroundings.
Thereafter, each such fence shall be repainted at least every three
years or, if any portion thereof shall be the subject of weathering
or disrepair so as to render it obviously offensive to the character
of the area in which it is erected, shall be repainted and restored
to its original condition within seven days after receipt by the owner
of the appurtenant premises of a notice which shall be issued by the
Building Inspector. If any fence or portion thereof will be in need
of repair or replacement, it shall be repaired or replaced within
seven days after the receipt of a notice from the Building Inspector
to that effect. With reference to any fences which exist in the Village
of Bellerose prior to the effective date of this section, such fence
or fences shall be subject to all of the provisions of this section,
except that the periodic painting required herein of fences erected
before the effective date of this section shall be required with reference
to such preexisting fences two years after the effective date of this
section and every three years thereafter.
No dwelling or business place shall be permitted
in any district herein described, which is not provided with a Nassau
County approved sanitary sewer connection.
No building shall be erected until the Building
Inspector shall issue a permit certifying that the proposed building
and the use complies in every respect with this chapter, and all applications
for such permits shall be in writing and accompanied by a plot plan
in duplicate drawn to a scale showing the actual dimensions of the
lot to be built upon, the size of the building to be erected, the
location of the building upon the lot, the dimensions of all spaces,
the setback lines observed by buildings within the block, the location
of a Nassau County approved sanitary sewer connection and such other
information as may be necessary to provide for the enforcement of
this chapter or any provision of the Code of the Incorporated Village
of Bellerose, including such other information as may be generally
required in connection with the provisions of the State Building Construction
Code.[1]
[Amended 10-18-2010 by L.L. No. 3-2010]
A.
Supersession and scope.
(1)
Pursuant to the authority vested in the Village of Bellerose by Municipal
Home Rule Law § 10, the provisions of New York State Village
Law §§ 7-712-a and 7-712-b are hereby superseded as
they relate to any retained power and authority of the Board of Trustees
to approve the construction of nonreplacement one-family dwellings
within the Residence District of the Village of Bellerose. The provisions
of this section are intended to:
(a)
Supersede and override any contrary or conflicting New York
State or local law which authorizes the exclusive review by the Board
of Appeals in any application to construct a one-family dwelling in
the Residence District; and
(b)
To supersede and override any New York State or local law which
limits the Board of Trustees from retaining exclusive jurisdiction
to authorize the construction of a new one-family dwelling in the
Residence District.
(2)
This provision has no impact upon the exclusive jurisdiction of the
Board of Appeals to determine area variance relief in connection with
applications submitted hereunder.
B.
Purpose and applicability. Since 1976, the Village of Bellerose has
enforced the restrictions contained in the instant provision which
prohibits the erection of a new one-family dwelling within the Residence
District. The restriction has been the subject of much community debate
and especially in connection with three applications for such waivers
within the past 10 years. The Board of Trustees has either heard from,
or reviewed testimony or documentation from, property owners, applicants,
contractors, builders, architects, attorneys, departmental heads,
traffic consultants, appraisers and residents regarding the impact
and effect of enforcing and maintaining this restriction. The Trustees
have made a physical inspection of the Village. Based upon those comments
and investigations and others obtained at public hearings and in public
forums before the Board of Trustees, the Board hereby reaffirms its
findings that the construction of an additional dwelling within the
Residence District would have a detrimental impact on the health,
safety, property values, welfare and best interests of the Village,
and that in order to protect the Residence District from overcrowding,
the undue concentration of population, to maintain the character of
the neighborhood, safe emergency access, and to mitigate cumulative
impacts, the Board of Trustees finds that the continuation of the
restrictions against new construction of dwellings should be maintained.
C.
New construction of one-family dwellings restricted.
(1)
Construction restricted. The Trustees of the Village of Bellerose
hereby renew their legislative finding that the census of residential
dwellings within the Residence District of the Village of Bellerose
has reached a point where the addition thereto of any new dwellings,
other than in replacement of existing dwellings on a one-for-one basis,
would be detrimental to the integrity of the Village and to the health,
safety and welfare of its residents. In light of that finding and
in order to protect the welfare and best interests of the residents
and the Village of Bellerose as a whole, and in order to prevent a
situation of overcrowding, the Board of Trustees, in its legislative
judgment, determines that it would be detrimental to the health, safety
and welfare of the residents and property owners, and to protect the
integrity of the Village as a whole, no further construction of one-family
dwellings shall be permitted within the Residence District, provided
that such construction of a new dwelling unit within the Residence
District shall be permitted in place and instead of an existing residential
dwelling within the Residence District, and provided further that
prior to the construction of such new dwelling unit, the existing
residence dwelling unit which is to be replaced by the proposed dwelling
shall be demolished in accordance with the provisions of law. In no
event shall any existing lot within the Village of Bellerose be used
or subdivided so as to provide for two residence dwellings on property
now occupied by one residence dwelling. No construction shall be commenced
within the Residence District which would increase the census of residence
dwellings beyond that which existed on the effective date of this
chapter.
(2)
Application. Any applicant for a waiver herein shall first submit a building permit application on the forms prescribed by the Village and otherwise conform to the requirements of Bellerose Village Code § 68-16. Where an applicant also requires area variance relief in connection with a request hereunder, the waiver application to the Board of Trustees shall be heard first.
(3)
Voting and notice. The provisions of this section may be waived by
resolution adopted by a majority vote of the Board of Trustees, after
a public hearing on 15 days' notice to the public, published in the
official newspaper of the Village, along with written notice to the
surrounding property owners within 200 feet of the perimeter of the
subject parcel by certified mail, return receipt requested.
D.
Standards for approval.
(1)
In considering any application under this section, the Board of Trustees
shall evaluate such application by taking into consideration:
(a)
The detriment to the health, safety and welfare of the residents
of the neighborhood if such waiver is approved;
(b)
Whether an undesirable change will be produced in the character
of the neighborhood;
(c)
Whether a detriment to nearby properties will be created by
such construction;
(d)
Whether the benefit sought by the applicant can be achieved
by some other method, feasible for the applicant to pursue;
(e)
Whether the construction will have an adverse effect or impact
on the physical, environmental, health or welfare of the immediate
street, neighborhood or the Village as a whole;
(f)
Whether undo overcrowding or population density will result;
(g)
Whether traffic, parking, street safety or emergency vehicle
access will be impacted;
(h)
Whether property values will be impacted; and
(i)
Whether the health, safety and public welfare of the community
will be affected.
(2)
In the event that a waiver shall be granted, the Board of Trustees
shall have the power to impose reasonable conditions and stipulations
to mitigate its impact.
In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety and morals and general welfare
of the Village. It is not intended by this chapter to interfere with
or abrogate or annul any Village building code or any rules and regulations
of the Board of Health not in conflict with any of the provisions
of this chapter; provided, however, that where this chapter imposes
a greater restriction upon the use of buildings or premises or upon
the height of a building or requires larger open spaces than are imposed
or required by such code, rules or regulations, the provisions of
this chapter shall control.
The provisions of this chapter shall be enforced
by the Building Inspector under the jurisdiction of the Board of Trustees.
In case any building or structure is erected,
constructed, reconstructed, altered, repaired, converted or maintained
or any building, structure or land is used or any hedge, tree, shrub
or other growth is maintained, in violation of this chapter or of
any regulations made pursuant hereto, in addition to other remedies
provided by law, any appropriate action or proceeding, whether by
legal process or otherwise, may be instituted or taken to prevent
such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use; to restrain, correct or abate
such violation; to prevent the occupancy of said building, structure
or land; and to prevent any illegal act, conduct, business or use
in or about such premises.
For any and every violation of the provisions
of this chapter, the owner, general agent or contractor of a building
or premises where such violation has been committed or shall exist
and the lessee or tenant of an entire building or entire premises
where such violation has been committed or shall exist and the owner,
general agent, contractor, lessee or tenant of any part of a building
or premises in which part such violation has been committed or shall
exist and the general agent, architect, builder, contractor or any
other person who knowingly commits, takes part in or assists in any
such violation or who maintains any building or premises in which
any such violation shall exist shall be liable on conviction thereof
to a fine or penalty not exceeding $250 for each and every offense,
and whenever such person shall have been notified by the Building
Inspector or by service of summons in a prosecution or in any other
way that he is committing such violation of this chapter, each day
that he shall continue such violation after such notification shall
constitute a separate offense punishable by a like fine or penalty.
Such fines or penalties shall be collected as like fines or penalties
are now by law collected.
