Village of Cornwall-On-Hudson, NY Supplementary Regulations

Trees, shrubbery or other natural landscaping material or a fence is placed within the area between the storage shed and the lot line so as to screen the storage shed from view; and

Nothing is stored outside the shed between the shed and the lot line; and

All other provisions of § 172-38 are complied with.

§ 172-40 Corner lots; required clearance.

On a corner, within the triangle formed by the street lines of a lot and a line drawn between points in such street line 30 feet distant from their point of intersection, no wall or fence or other structure shall be erected to a height above the curb level in excess of three feet, and no vehicle, object or any other obstruction of a height in excess of three feet shall be parked or placed, and no hedge, shrub or other growth shall be maintained, at a height in excess of three feet, except that trees whose branches are trimmed away to a height of at least eight feet above the curb level shall be permitted.

On a corner lot, front yards are required on both street frontages, and one yard other than the front yard shall be deemed to be a rear yard and the other or others, side yards. The minimum district requirements for each shall be complied with.

§ 172-41 Through lots.

Where lots extend through from street to street, the applicable front yard regulations shall apply on both street frontages.

§ 172-42 Exceptions to height requirements.

[Amended 8-21-2000 by L.L. No. 2-2000]

The height limitations for the following structures attached to a principle building (but not when located upon an accessory structure) may be waived, provided that the height does not exceed 10% of the total roof area to which they are a part, and provided that the same does not exceed the building height limitations by more than 15 feet: flagpole, spire or belfry, chimney or smokestack, radio or television aerial, skylight and elevator.

§ 172-43 Swimming pools.

A pool shall be located in a rear or side yard only, except if said is located within the principal building on the site.

An adequate, permanent, good-quality fence or barrier of wood or metal construction, not less than four feet in height, shall be erected, maintained and provided with a self-closing, self-locking gate to prevent accidents and unauthorized use of the pool. Such shall not apply to an above-surface-type pool unless determined by the Code Enforcement Officer as necessary for safety purposes. Any access ladder or steps used in connection with an above-surface type pool shall be removed when not in use.

[Amended 11-28-1983 by L.L. No. 4-1983]

A private in-ground pool shall not be located closer than 20 feet to the rear and side lot lines or, in the case of a corner lot, closer than 30 feet; or from any lot line along an abutting street or in the case of an above-surface-type pool, said pool shall not be located closer than 10 feet from the rear and side lot lines or, in the case of a corner lot, 20 feet from any lot line along an abutting street. Pools shall be screened from the view of abutting properties if located within 50 feet of any lot line. Above-surface-type pools may be exempt from screening requirements upon a determination by the Planning Board. Any public pool shall not be located within a distance of 100 feet of any lot line.

If required by law, a pool shall be constructed, operated and maintained in accordance with the requirements of the Orange County Department of Health.

The drainage of a pool shall be adequate and shall not interfere with the Village water system, with sanitary facilities or septic fields, with public streets or with adjacent properties.

Lighting or spotlighting may be installed but shall not be permitted to throw any rays beyond the bounds of the lot where said pool is located.

If any pool is abandoned or permanently discontinued, the owners of the land upon which it is located shall completely fill the pool area and return the surface to its original state.

No pool shall be installed without the issuance of a building permit, the issuance of which shall certify that the plans and specifications meet the criteria outlined above. Upon completion of said pool, a certificate of occupancy shall be required. Said certificate shall confirm that said pool conforms to the approved plans and specifications.

§ 172-44 Stables.

Requirements for private stables shall be as follows:

The minimum area shall be four acres, inclusive of the principal use on the lot, and shall be restricted to a maximum of three horses.

There shall be no stable or the storage of manure or other substances within a distance of 50 feet of any lot line.

On the lot where such use is located, no manure shall be stored near, be discharged or drain into any stream or be discharged into the Village sewer system or a private sewage disposal system or be in close proximity to the Village water supply system or a private water supply system.

If outdoor lighting or spotlighting is provided, such shall not throw any rays beyond the bounds of the lot where the stable is located.

§ 172-45 Tennis courts.

Requirements for private tennis courts shall be as follows:

There shall be no private tennis court within a distance of 50 feet of any lot line.

If outdoor lighting or spotlighting is provided, such shall not throw any rays beyond the bounds of the lot where the tennis court is located.

A private tennis court shall not be used between the hours of 10:00 p.m. and 7:00 a.m.

§ 172-46 Parking and loading requirements.

Parking standards.

Off-street parking spaces, open or enclosed, are permitted accessory to any use, subject to the provisions of this section.

Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking other than a street or driveway. However, a driveway within a required front yard for a single-family residence or two-family residence may count as one parking space.

Two hundred square feet shall be considered one parking space, exclusive of drives or aisles for access, turning or maneuvering. Minimum stall width shall be 10 feet, and the minimum length shall be 20 feet.

Unobstructed access to and from a street shall be provided. Such access shall consist of at least one ten-foot lane for parking for parking areas with less than 20 spaces and at least two ten-foot lanes for parking areas with 20 spaces or more.

In parking lots of one acre or more, at least 5% of the area of the parking lot shall be devoted to landscaping within the interior of the parking area.

When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. When it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total parking spaces required for that use with the least requirements.

A commercial vehicle (as defined in § 172-70) may not be parked or stored on a lot outside of a building. No unregistered and no more than two registered recreational vehicles or trailers may be parked or stored on a lot outside of a building.

[Amended 9-15-1997 by L.L. No. 5-1997]

Required off-street parking spaces. At least one off-street parking space shall be provided on each lot for each use listed below, except where otherwise specified.

Single-family residence or two-family residence: two for each dwelling unit.

Outdoor or public recreation area: one for each five persons for which designed, but not less than four spaces per acre.

Public utility service or structure: one for each on-site employee.

Boat dock, marina or clubhouse: one for each five members or one for each three persons for which seating is provided, whichever is greater.

Golf course and club: 10 for each tee.

School, elementary: two for each classroom, plus one space per each five seats in any auditorium or other place of assembly.

School, secondary: four for each classroom, plus one space per each five seats in any auditorium or other place of assembly.

(8)

Nursery school: three for each classroom.

(9)

Cemetery: off-street standing area to accommodate 50 automobiles.

(10)

Municipal building and uses, churches and similar places of worship and related uses, community social and recreational centers, buildings, clubs, theaters, auction establishments or other places of public assembly not otherwise classified: one for each three fixed seats of capacity or one for each 40 square feet of floor area available to patrons in cases where the capacity is not determined by the number of fixed seats. The capacity of benches shall be calculated at one person for each 20 inches of length.

(11)

Home professional office: one for each 300 square feet of floor area in such use, but not less than four. Physicians and dentists under this category shall provide one additional space for each doctor, dentist, staff member or employee customarily on the premises at one time.

(12)

Multifamily residence: based on the number of bedrooms with a minimum of 1.75 to a maximum of 3.0.

(13)

Library, museum, art gallery: one for each 200 square feet of floor area.

(14)

Animal hospital and veterinary clinic: one for each 150 square feet of floor area, plus one additional space for each doctor, staff member or employee customarily on the premises at one time.

(15)

Retail store and shop, personal service store, specialty shop: one for each 150 square feet of floor area.

(16)

Bank, saving and loan association: one for each 150 square feet of floor area.

(17)

Medical or dental clinic or office: four spaces for each doctor or dentist, plus one space for each examining or treatment room, plus one additional space for each doctor, dentist, staff member or employee.

(18)

Restaurant or cafe: one for each three seats.

(19)

Professional office: one for each 200 square feet of floor area.

(20)

Parking lot or parking garage: sufficient parking spaces for all vehicles stored.

(21)

Social hall, or meeting room: one for each two persons of capacity use.

(22)

Laboratory and related office, manufacturing, warehousing or printing plant: two for each three employees customarily on the premises at one time.

(23)

Nursing or convalescent home, health-related facility or residence for adults: one for each two beds.

[Amended 9-8-1980 by L.L. No. 4-1980; 12-15-2003 by L.L. No. 1-2003]

(24)

Mobile home court or trailer court: two for each mobile home or house trailer.

(25)

Hotel or motel: one for each unit or room, plus one space for each employee customarily on the premises at one time.

(26)

Senior citizen housing: based on the number of bedrooms with a minimum of 1.0 to a maximum of 1.50.

Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed above and for existing buildings with site limitations shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each such use.

Loading standards.

Off-street loading berths shall be required for any use receiving or distributing materials or merchandise by truck or similar vehicles.

Off-street loading berths, open or enclosed, are permitted accessory to any use except dwellings for single or two families. However, no off-street loading berth shall be located in a front yard from the building to the street line.

Each required loading berth shall be at least 12 feet wide, 33 feet long, or 48 feet long for industrial purposes, and 14 feet high. Unobstructed access, at least 10 feet wide, to and from a street, shall be provided. Such access may be combined with access to a parking lot. Berths may be located either within a building or in the open, but not within required yards. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided below.

Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the total required for all such requirements.

Required off-street loading berth requirements. Accessory off-street loading berths shall be provided in accordance with the following schedule:

District.

Less than 5,000 square feet of floor area: none.

Five thousand to 25,000 square feet of floor area: one berth.

All other districts.

Less than 15,000 square feet of floor area: none.

Fifteen thousand to 25,000 square feet of floor area: one berth.

All districts.

Twenty-five thousand to 40,000 square feet of floor area: two berths.

Forty thousand to 100,000 square feet of floor area: three berths.

Each additional 50,000 square feet of floor area: one additional berth.

Regulations affecting both parking and loading facilities.

No entrance or exit for any accessory off-street parking area with over 10 parking spaces, nor any loading berth, shall be located within 50 feet of the intersection of any two street lines.

When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces or loading berths shall apply to all of the lot. Parking spaces or loading berths on such a lot may be located without regard to district lines, provided that no such parking spaces or loading berths shall be located in any residential area, unless the use to which they are accessory is permitted in such district.

No accessory off-street parking area or loading berth shall be encroached upon by buildings, open storage or any other use.

Accessory parking areas and off-street truck-loading berths shall be suitably paved, drained and lighted and appropriately planted and fenced for the protection of adjacent residential properties. Driveways and turning areas shall be of adequate width and radii to assure ease of mobility, ample clearance and convenient access, egress and safety of vehicles and pedestrians. Such facilities shall be maintained in good condition by the owner.

Exemptions and waivers. The foregoing provisions of § 172-46 shall not apply to any building or structure or lot with existing site limitations lawfully in use at the effective date hereof, whether continued as a permitted use or legal nonconforming use or thereafter converted or changed without enlargement to a different lawful use having the same parking or loading requirements, provided that any existing on-site parking not be reduced.

[Added 3-16-1992 by L.L. No. 2-1992]

§ 172-47 Signs.

Signs are recognized as accessory uses and are permitted in all districts subject to the regulations of this section. No person shall erect any sign which requires approval without first obtaining a permit from the Code Enforcement Officer. Unless otherwise specified, the sign area shall include the aggregate of all faces. The following signs shall be permitted:

[Amended 11-28-1983 by L.L. No. 4-1983]

Construction sign. One temporary nonilluminated sign denoting the name of the project, the owner, architect, engineer and/or contractor placed on the premises where construction, repair or renovation is in progress during such construction. Said sign shall not exceed 32 square feet in area or eight feet in height and shall be set back a minimum of 10 feet from the street line.

Real estate sign.

Temporary nonilluminated real estate signs, not to exceed six square feet in area in a residential district and 32 square feet in other districts, advertising the sale, lease or rental of the premises upon which the sign is located and limited to one such sign for each residential parcel and two for nonresidential purposes, shall be permitted. The sign shall be set back a minimum of five feet from the street line. No sign shall be placed higher than six feet above ground in a residential district nor eight feet above ground in a nonresidential district.

Not more than two temporary nonilluminated subdivision identification signs located on the premises shall be permitted for a subdivision which has been approved by the Village, provided that each such sign does not exceed 32 square feet in area and eight feet in height. Such signs shall be at least 10 feet from the nearest street or property line and 200 feet from the nearest right-of-way intersection of any two streets.

One temporary subdivision directional sign per intersection shall be permitted, such sign to be less than four square feet in area and to be located within 50 yards of the street intersection and not more than five miles from the subdivision. Such signs are to be located not less than five feet from the street or property line.

Identity sign. An identity sign or a notice erected by an agency, such as a public utility, on its premises solely for the direction, information or protection of the public on a temporary or permanent basis is permitted. Such signs shall not exceed 20 square feet in area or eight feet in height.

Civic or religious sign. Signs or bulletin boards customarily incidental to churches or similar places of worship, libraries, museums, schools and other educational institutions, religious institutions, recreational or social clubs and other civic organizations shall be permitted. Such signs or bulletin boards shall not exceed 20 square feet in area and eight feet in height and may be located on the premises of such organizations.

Temporary sign.

All nonilluminated signs of a temporary nature, such as posters, banners, promotional devices and other signs of a similar nature may be granted a temporary permit by the Village for a period not to exceed 30 days. Upon written request by the applicant, the Code Enforcement Officer may grant an extension of said temporary permit for an additional thirty-day period. Such signs shall not exceed 32 square feet in area. The minimum permitted setback shall be 10 feet, and no interference to visibility at an intersection by placement of a sign is permitted.

Political campaign signs may be erected no earlier than 30 days prior to any election and must be removed no later than 15 days after said election. The signs cannot be placed on any public property, utility poles or trees. When applying for the temporary permit to erect the signs, the applicant must show written consent of the property owners on whose property the signs shall be placed. The Code Enforcement Officer shall keep these consents on file in his office.

Nameplate sign or home professional sign. One home, name, property name, address or home professional sign not exceeding two square feet in area with no lettering over four inches shall be permitted per dwelling. These signs shall be set back a minimum of three feet from the street line and placed no higher than six feet above ground. Illuminated signs may be permitted in the case of a home occupation for a doctor or dentist only.

Special sign regulations in the Central Business and Shopping Subdistrict (business identification sign) and Industrial District.

One sign shall be permitted for each tenant on the premises on each building wall fronting on a street or parking area or displayed on a structure not part of a building.

The aggregate area, in square feet, of all signs of any exterior tenant wall shall not exceed one square foot for every one foot in length of such building wall or one square foot for each lineal foot of frontage of the lot on a street for signs not attached to building walls.

Signs which are a part of the building or displayed on a wall shall not extend above the height of the building.

Signs attached to building walls shall be parallel to the face of the building and shall not project more than 12 inches beyond the face of the building in any direction.

Signs, other than those attached to a building wall, shall be located a minimum of 10 feet from any street line. If said sign is 15 feet or over in height, it shall be constructed to withstand winds of 100 miles per hour, and such shall be certified by a professional engineer or architect.

If illuminated at night, all light sources shall be shielded from the view of adjacent lots or streets.

No neon sign or similar illuminated advertisement shall be of such color or located in such a fashion as to diminish or detract in any way from the effectiveness of any traffic signal or similar safety or warning device.

(8)

Inside signs painted, attached by adhesive or otherwise attached directly to or visible through windows and glass portions of doors shall not exceed 40% of the maximum aggregate area of exterior signs permitted on such exterior walls.

Supplemental sign regulations.

Any illuminated sign may be artificially or internally lighted, provided that the light source shall not move or shine directly into the eyes of any occupant of any vehicle traveling upon a street, driveway or parking area or into any window of any residence within 200 feet or where the illumination interferes with visibility or readability of any traffic sign or device signs. Any illuminated sign, except a cloth flag moved only by natural wind, shall not move or have moving or animated parts or image, whether movement is caused by machinery, wind, electronics, or otherwise, including swinging signs.

The Planning Board may permit signs to be illuminated upon finding that such illumination is essential to the use which the sign advertises or the public welfare.

Where large numbers of signs are justified, a sign plaza may be established wherein all such signs shall be consolidated and confined within a single frame or as a combination of sign panels. The size, shape, color, lighting, manner of display, lettering and placement of any such consolidated or combined signs at any such sign plaza shall be subject to approval by the Planning Board in accordance with the procedures and requirements of site plan review. Any such sign plans shall be subject to all applicable state and county regulations, if any.

In the event that a sign was erected prior to the effective date of this chapter, which sign does not conform with the provisions and standards of this chapter, the requisite permit, as provided herein, shall be granted for every such sign or other advertising structure, provided that said sign is properly repaired and maintained and otherwise in conformance with this chapter. Nonconforming signs which are structurally altered, relocated or replaced shall comply immediately with all provisions of this chapter.

Any sign existing on or after the effective date of this chapter, which no longer advertises an existing business conducted or product sold on the premises upon which such sign is located, shall be removed after written notice as provided herein. The Code Enforcement Officer, upon determining that such sign exists, shall notify the owner of the premises, in writing, to remove the said sign within 30 days from the date of such notice. Upon failure to comply with such notice within the prescribed time, the Code Enforcement Officer is hereby authorized to remove or cause removal of such sign and shall assess all costs and expenses incurred in said removal against the land or building on which such sign is located.

[Amended 11-28-1983 by L.L. No. 4-1983]

If the Code Enforcement Officer shall find that any sign regulated in this chapter is unsafe or insecure or is a menace to the public, he shall give written notice to the named owner of the sign and the named owner of the land upon which the sign is erected, who shall remove or repair said sign within 30 days from the date of said notice. If said sign is not removed or repaired within the time period, the Code Enforcement Officer shall revoke the permit issued for such sign, as herein provided, and may remove or repair said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which such sign was located.

The Code Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice.

Procedures for erecting signs.

Except for a temporary nonilluminated real estate sign advertising the sale, lease or rental of premises and a nameplate sign indicating the name, address or property name, which meet the requirements set forth in Subsections A(2) and (6) above, no person shall erect any sign which requires approval without first obtaining a permit from the Code Enforcement Officer. Application for such shall be made to the Code Enforcement Officer, in writing, upon forms prescribed and provided by the Code Enforcement Officer and shall contain the following:

[Amended 11-28-1983 by L.L. No. 4-1983]

The name, address and telephone number of the applicant.

The location of the building, structure, or land to which or upon which the sign is to be erected.

A detailed drawing or blueprint showing a description of the construction details of the sign and showing the lettering and/or pictorial matter composing the sign and the position of lighting or other extraneous devices; a location plan showing the position of the sign on any buildings or structures and in relation to any private or public street or highway.

(d)

Written consent of the owner of the building, structure or land to which or on which the sign is to be erected, in the event the applicant is not the owner thereof.

(e)

A copy of any required or necessary electrical permit issued for said sign or a copy of the application therefor.

(f)

Such other pertinent information as the Code Enforcement Officer may require to ensure compliance with this chapter.

The Code Enforcement Officer shall, upon the filing of an application, examine such plans, specifications and other data submitted with the application and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign is in compliance with all the requirements of this chapter and all other regulations of the Village, the Code Enforcement Officer shall, within 30 days, issue a permit for the erection of the proposed sign. Temporary sign permits shall extend for the length of the project but not more than one year from the date of issuance, after which an extension of the permit must be applied for in accordance with the procedures for sign permits.

§ 172-48 Obnoxious, offensive or annoying uses.

[Added 7-28-1980 by L.L. No. 3-1980]

At no time shall any premises be used in such a manner as to cause the emanation therefrom of offensive or noxious odors, vapors, fumes, glare, dust, smoke, gas, vibration, noise or radiation or be used in such a manner as to cause injury, annoyance or disturbance to any of the surrounding properties, their owners or occupants.

§ 172-48.1 Home occupations.

[Added 11-18-1991 by L.L. No. 8-1991]

Intent. The purpose of these provisions is to allow for home occupations and home professional offices which are compatible with the neighborhoods in which they are allowed.

Conditions. A home occupation or home professional office shall be permitted, subject to the following conditions:

The establishment and conduct of a home occupation or home professional office shall not change the principal character, visual appearance, facade or use of the dwelling unit involved.

Such use shall not require internal or external alteration or invoke construction features not customarily in a dwelling.

The use is clearly incidental and secondary to the principal residential use of the premises.

No more than one person other than members of the immediate family residing on the premises may be employed at any one time.

No storage or display of materials, goods, supplies or equipment related to the use shall be visible from the exterior of the premises.

In order to maintain the residential character of the neighborhood in which it is located, the use shall not generate excessive noise, vibration, glare, fumes, odors, deliveries, shipments, electrical interference or any activity that would suggest a business operation beyond what normally occurs in the applicable zoning district.

Traffic shall not be generated by such use in greater volumes than would normally be expected in a residential neighborhood.

(8)

Parking required by § 172-46B shall be provided on the premises, off the street and other than in a required front, side or rear yard setback area.

(9)

The use shall not involve pets, laboratory animals, livestock, organisms, viruses or the like.

(10)

The use shall not involve the use of advertising signs visible from the exterior, other than one nonilluminated nameplate not to exceed 144 square inches which shall be allowed. It may display the name of the occupant and/or the name of the home occupation or home professional office.

Permit procedure. No permit shall be required for a home occupation which complies with the conditions set forth above. A permit shall be required for a home professional office.

Application. Application for a home professional office permit shall be made to the Planning Board and shall be accompanied by a filing fee set by resolution of the Village Board of Trustees.

The site plan approval procedures contained in Article VI of this chapter shall apply to all applications for home professional offices.

Permit expiration. All permits shall expire one year from the date of approval.

Permit renewal.

Permits may be renewed annually.

Requests for renewal shall be submitted, in writing, to the Code Enforcement Officer, accompanied by a renewal fee as set by the Village Board.

The request shall be reviewed and an inspection made of the property by the Code Enforcement Officer to verify continued compliance with the necessary criteria and conditions established with the initial approval. The Code Enforcement Officer, upon a determination of compliance, shall renew the permit for one year.

Permit revocation.

Noncompliance with the conditions set forth in the permit approval shall result in the revocation and/or nonrenewal of any permit issued under this section.

Failure of the applicant to renew the permit shall result in automatic termination of the permit. For reinstatement of an expired permit, the applicant must pay an initial application fee and reapply for a new permit.

§ 172-48.2 Bed-and-breakfast regulations.

[Added 7-17-1995 by L.L. No. 2-1995]

Purpose. The purpose of these provisions is to regulate the establishment and operation of bed-and-breakfasts in the Village of Cornwall-on-Hudson and to ensure the preservation of the character, integrity and property values of surrounding areas within which such facilities are located and maintained.

Permitted zoning districts. Bed-and-breakfasts shall be permitted in accordance with the conditions set forth herein, upon site plan review and approval in any and all of the residentially zoned districts of the Village.

Site plan approval. The application and procedure for site plan approval shall be in accordance with Article VI of the this chapter.

Certificate of occupancy. No premises within the Village may be used or occupied as a bed-and-breakfast inn or facility prior to site plan approval and the issuance by the Code Enforcement Officer of a certificate of occupancy for the bed-and-breakfast use.

Conditions for approval. No premises may be used or occupied as a bed-and-breakfast inn or facility except in compliance with the following conditions.

Single-family owner occupied dwellings. Bed-and-breakfast facilities shall be permitted only in single-family detached, owner occupied dwellings. The dwelling must be the principal residence of the owner of the bed-and-breakfast. The principal use of the property shall remain that of a single-family residential dwelling.

Number of guest rooms. The number of guest rooms for transient accommodation shall not exceed four in any building having a habitable floor area of 4,000 square feet or less. One additional guest room may be added for each additional 600 square feet of habitable floor area up to a maximum total number of six guest rooms.

Minimum lot size. The minimum lot size required for a bed-and-breakfast shall be the minimum lot size designated in the applicable zoning district, plus an additional 5,000 square feet for each guest room for any lot less than one acre.

Parking requirements. The bed-and-breakfast facility shall provide off-street parking. In addition to the applicable parking requirements for the single-family residential use of the premises, one additional parking space for each guest room and for each employee shall be provided. The parking areas shall be setback from an adjacent property lines at least 15 feet. When parking for more then three vehicles is being provided, it shall be located or substantially screened from the view of any adjacent residential use by evergreen plantings so as to provide no variation from the residential character of the property.

Signs. One single exterior sign or display may be established on the site which identifies the premises as a bed-and-breakfast. The sign shall not exceed three feet square in area, shall be set back a minimum of three feet from the property line and shall contain no information other than identification of the premises as the named bed-and-breakfast.

Transient guests limits. No guest may stay or be registered for a maximum continuous period in excess of 10 consecutive nights. The owner shall maintain a guest register open to inspection by the Code Enforcement Officer and shall preserve all registration records for a minimum period of two years.

Amenities. Any meals provided and any amenities (swimming pool, tennis court, etc.,) shall be solely for the use of the resident owner, the owner's family and the bed-and-breakfast's registered guests.

Compliance with applicable laws, rules and regulations. All bed-and-breakfasts shall comply with all applicable provisions of all New York State and Orange County laws, rules and regulations, including, but not limited to, the New York State Uniform Fire Prevention and Building Code and State or County Health Department rules and regulations. Each bedroom, common area and access hallway shall be equipped with a properly installed and functioning smoke detector. The Code Enforcement Officer shall be given access upon request for purposes of making inspections to ensure compliance.

§ 172-48.3 Accessory apartment regulations.

[Added 2-22-1999 by L.L. No. 2-1999; amended 9-18-2017 by L.L. No. 4-2017]

It is the purpose and intent of this section to allow the establishment of one accessory apartment located entirely within a single-family dwelling in order to provide an opportunity for the development of small rental housing units designed to meet the special housing needs of senior citizens, young adults, single persons and small households; to ensure the retention of single-family neighborhood character; allow the more efficient use of the Village's housing stock with minimal impact on community character and resources; and provide economic support for existing resident families. Consistent with the intent of this section, any owner occupying a single-family dwelling may apply to the Planning Board for site plan approval for an accessory apartment permit to seek the establishment of one accessory apartment. The application and procedure for site plan approval shall be in accordance with Article VI of this chapter. The Planning Board shall review such application, which requires a public hearing, and shall strictly apply the following standards.

Any application for an accessory apartment shall require submission of a plan showing the proposed accessory apartment and parcel survey. The Planning Board is not granted the authority to waive any of the standards set forth below, unless such authority is specifically provided for herein.

Accessory to the single-family detached dwelling. Subject to the review and approvals set forth herein, an accessory apartment is allowed in any zoning district that permits a single-family detached dwelling as a permitted use subject to site plan review and approval from the Planning Board.

Compliance with district regulations. The lot on which the accessory apartment is to be located shall meet all bulk requirements applicable to a single-family detached dwelling as set forth in the schedule of district regulations for the zoning district in which it is located.

Dwelling size. The minimum habitable floor area for an accessory apartment shall be 450 square feet, but in no case shall such accessory apartment exceed 30% of the gross floor area of the single-family detached dwelling in which it is located or 750 square feet of gross floor area, whichever is less. Any building which proposes an accessory apartment that exceeds the maximum habitable floor area requirement shall be deemed a two-family dwelling. The applicant shall submit a floor plan to scale of the single-family detached dwelling that illustrates the interior space within which the accessory apartment will be created.

Existing single-family detached dwelling. The principal single-family detached dwelling shall have been lawfully constructed and used as a single-family detached dwelling for at least 10 years prior to the date that an application is made for the creation of an accessory apartment. Evidence of such use shall include the date of a duly issued certificate of occupancy for the single-family detached dwelling or other evidence of use that the Planning Board finds adequate to establish that the single-family detached dwelling has been lawfully established and maintained for at least 10 years. The Planning Board may waive the ten-year requirement upon an evidentiary showing by the applicant establishing that the accessory apartment will enable the owner occupying the principal dwelling to provide care for an elderly or disabled relative residing in the accessory apartment.

Owner occupancy required. The principal single-family detached dwelling wherein the accessory apartment is to be located must be occupied at the time of application and at all times thereafter while the accessory apartment is established and maintained as the principal domicile of the record owner of title. Ownership shall be evidenced by the last deed recorded in the office of the Clerk of the County of Orange. Evidence that the dwelling is occupied as the principal domicile of the record owner may be established by an affidavit of the record owner, supported by voting records or such competent evidence as would be sufficient to establish domicile for purposes of voting. It shall be a condition of every certificate of occupancy issued for an accessory apartment that occupancy of such dwelling unit is valid only if the unit is located in an owner-occupied single-family dwelling, and the certificate of occupancy shall prominently display in bold print a statement that occupancy of such accessory apartment is not lawful and valid unless the single-family dwelling is owner-occupied. In the event a certificate of occupancy is issued without such statement, it shall not prevent enforcement of the condition. Nothing herein shall permit the establishment of separate ownership, e.g., condominium, of either dwelling unit.

Maximum number of accessory apartments. There shall be no more than one accessory apartment in any single-family detached dwelling on any one property. An accessory apartment is not permitted on any lot where two dwelling units already exist, regardless of whether one is a prior nonconforming dwelling unit or not.

Maximum number of occupants. The maximum occupancy of the accessory apartment is three persons.

The accessory apartment shall comply with all applicable requirements of the New York State Uniform Fire Prevention and Building Code and shall be maintained in a neat and orderly manner.

Off-street parking shall be provided on the following basis: two parking spaces per unit. The parking spaces shall be provided with a backup or turnaround area so that cars which park in the parking spaces are not required to back out into the street. This requirement may be waived by the Planning Board during the site plan approval process, so long as the public street or roadway is not classified as a state or county highway. The backup or turnaround area shall not be construed as nor used as a legal parking space.

No use shall be permitted accessory to an accessory apartment.

Each dwelling unit in the structure shall contain its own separate and independent bathroom and kitchen entirely located within each dwelling unit. The accessory apartment shall contain no more than one bedroom and no other space shall, in the determination of the Planning Board, be so configured that it could be used as a second bedroom (e.g., a den, a sewing room, etc.).

No exterior changes or expansion which may alter its existing foundation, existing roofline, or existing facade, may be made to the principal single-family detached dwelling except for the installation of an entrance to serve the accessory apartment. The structure in which the accessory apartment is located shall have only one front entrance and only one entrance from any other facade of the structure. An exterior entrance leading to a foyer with interior entrances leading from the foyer to the dwelling units will be acceptable pursuant to this requirement.

The accessory apartment may be serviced by either an on-site septic system or central sewage facility, by a private well or central water facility. Adequate water supply and sewage disposal facilities shall be available as certified by a New York State licensed professional engineer, except such certification is not required if the building is connected to public water and sewer services. The adequacy of the water and sewer facilities must be demonstrated to the satisfaction of the engineer for the Village during accessory apartment permit review.

Conditions of approval.

In addition to the above standards, the Planning Board shall grant such application and issue the required accessary apartment permit only after determining that the issuance of such accessory apartment permit will not adversely affect adjoining properties and the general surrounding neighborhood where the accessory apartment is proposed to be located. In the event that the Planning Board determines a proposed accessory apartment may adversely affect adjoining properties or the surrounding neighborhood, it may, as a condition of approving a permit, require that the applicant establishes and maintains landscaping or fencing or other mitigation measures, where necessary, to avoid such adverse effects.

It shall be a condition of the accessory apartment permit, whether or not specifically incorporated therein, that:

The owner shall maintain the accessory apartment use in conformance with the requirements of this section and all applicable provisions of the Uniform Fire Prevention and Building Code, including, but not limited to, the Property Maintenance Code of New York State; and

The accessory apartment permit shall be valid for a period of one year from the date that a certificate of occupancy is issued for the accessory apartment, and that it shall be automatically renewed annually by the Building Inspector upon submission by the record owner of an annual certification for renewal to be provided by the Village, attesting that the principal single-family dwelling is maintained as the owner's domicile, and payment of a renewal fee in such amount as established by resolution of the Village Board, provided the Building Inspector, after an inspection, if necessary, determines such use has been maintained in accordance with all requirements herein and any applicable conditions of approval.

If the Building Inspector determines at any time prior to renewal that the use has not been maintained in accordance with the requirements herein or any applicable conditions of approval, the Building Inspector shall give notice of such determination to the record owner and the Planning Board shall approve, disapprove, or approve with conditions the accessory apartment permit subject to renewal. The Planning Board shall consider the Building Inspector's findings in evaluating whether to renew the accessory apartment permit; and if it determines that it intends to deny such renewal or to impose additional conditions on such renewal, the Planning Board shall give written notice of its intent to the record owner at the most recent address shown on the tax roll of the Village and provide an opportunity for the record owner to be heard on the matter, and shall consider any evidence submitted by the record owner in support of the renewal of the accessory apartment permit. The Planning Board shall thereafter approve, approve with conditions or deny the accessory apartment permit, stating the reasons for its decision.

Transfer of title. Within 60 days after the record owner transfers title to premises for which a accessory apartment permit has been granted for an accessory apartment, the new record owner shall provide such evidence to the Building Inspector as may be necessary to demonstrate that the principal residential structure is occupied by the new record owner in accordance with § 172-48.3E of this section. In the event that the new record owner fails to do so, the Building Inspector shall serve a written notice upon the owner or occupant to do so by a date certain. In the event that the record owner fails to do so, the Building Inspector shall give notice of such noncompliance to the record owner and the Planning Board, and the Planning Board shall consider the Building Inspector's findings in considering whether to renew the accessory apartment permit; and if it determines that it intends to deny such renewal or to impose additional conditions on such renewal, the Planning Board shall give written notice of its intention to the record owner at the most recent address shown on the tax roll of the Village and provide an opportunity for the record owner to be heard on the matter, and shall consider any evidence submitted by the record owner in support of the renewal of the accessory apartment permit. The failure of the Planning Board to take any action required by this section shall not constitute a waiver of such requirement. The Planning Board shall thereafter approve, approve with conditions or deny the accessory apartment permit, stating the reasons for its decision.