Village of Wesley Hills, NY
Rockland County
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A. 
Conformity required. No building shall be erected, constructed, moved, altered, rebuilt or enlarged, nor shall any land, water or building be used, designed or arranged to be used for any purpose except in conformity with this chapter.
B. 
Minimum requirements. In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements necessary for the protection and promotion of the public health, safety, morals, comfort, convenience and general welfare.
A. 
Other applicable codes, standards and regulations. There are many other applicable codes, standards and regulations of the Village of Wesley Hills in addition to this chapter. These include Chapter 193, Subdivision of Land, Chapter 221, Wetlands, and the Building Code.
[Amended 9-12-2006 by L.L. No. 4-2006]
B. 
Conflicting standards. This chapter shall not be deemed to affect in any manner whatsoever any easements, covenants, or other agreements between parties; providing, however, that where this chapter imposes a greater or lesser restriction upon the use of buildings or land or upon the erection, construction, establishment, movement, alteration or enlargement of buildings than are imposed by other local laws, rules, regulations, licenses, certificates or other authorizations, or by easements, covenants or agreements, the more restrictive requirements shall prevail.
A. 
Continuing existing uses, buildings and structures.
(1) 
Except as otherwise provided herein, the lawfully permitted use of lands or buildings and the lawfully permitted existence of buildings or structures at the time of the adoption of this chapter may be continued although such use, building or structure does not conform to the standards specified in this chapter for the district in which such lands, buildings or structures are located. Similarly, whenever a zoning classification or the restrictions affecting property within a district shall be changed hereafter so as to render nonconforming a use, building or structure then presently or theretofore lawfully existing, such use, building or structure may nevertheless continue subject to the conditions set forth below. Said uses shall be deemed nonconforming uses, and said buildings and structures shall be deemed dimensionally nonconforming.
(2) 
Any use in existence as of the effective date of this chapter which is by this chapter made a special permit use in the district in which it is located shall be presumed to have a special permit if such use was legally conforming, with respect to all use and dimensional requirements applicable thereto, as of November 13, 1984.
[Amended 10-12-1999 by L.L. No. 1-1999]
B. 
Nonconforming use of land, buildings or structures.
(1) 
The nonconforming use of land may be continued; provided, however, that no such nonconforming use shall be physically enlarged or intensified, nor shall it be extended to occupy a greater area of land than that occupied by such use at the time of the adoption or amendment of this chapter, unless specifically allowed by other provisions in this chapter, nor shall any such nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption or amendment of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
A building or structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged, extended or altered structurally unless the use therein is changed to a conforming use, or to conform to an order of the Building Inspector to either correct an unsafe condition or to conform to the requirements of applicable laws or ordinances.
(3) 
No nonconforming use of a building or structure shall be enlarged or extended, except that any such nonconforming use may be extended throughout any parts of the building or structure which were obviously or manifestly arranged or designed only for such use at the time of the adoption or amendment of this chapter.
(4) 
No nonconforming use shall be changed to another nonconforming use, except as provided in Subsection F.
(5) 
If a nonconforming use ceases for any reason for a total of six months during any twelve-month period, or is changed to a conforming use, any future use of the land, building or structure shall be in conformity with the provisions of this chapter. Substantial cessation of activities consistent with or required for the operation of such nonconforming use, or substantial vacancy of the building or structure in which the nonconforming use was conducted together with substantial cessation of activities consistent with or required for the operation of such nonconforming use shall be deemed to constitute a discontinuance thereof within the meaning of this chapter irrespective of whether an intention to abandon the nonconforming use may exist. On application, however, the Board of Appeals may extend the period upon a finding that it is not reasonable in its application to the particular premises, taking into consideration the characteristics of the use, the investment which has been made in it, the circumstances of the discontinuance and the suitability of the structure for a permitted or special permit use.
(6) 
If any building or structure in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building or structure was located, and the subsequent use of any building or structure thereon, shall be in conformity with the standards specified by this chapter for the district in which such land is located.
C. 
Dimensional nonconformity. A building or structure that is conforming in use but does not conform to the lot dimension, yard dimension, height, building coverage, off-street parking, loading, or similar dimensional requirements of this chapter shall be deemed to be dimensionally nonconforming. No permit shall be issued that will result in the increase of any such dimensional nonconformity, but any building or structure or portion thereof may be altered to maintain or decrease its dimensional nonconformity.
D. 
Merger of nonconforming lots. A nonconforming lot shall merge with an adjacent conforming or nonconforming vacant lot which is held in the same ownership as the first lot at any time after the effective date of this chapter. Lots will be deemed to be adjacent if they abut for a common course of 50 feet or more in distance.
[Added 10-12-1999 by L.L. No. 1-1999]
E. 
Reconstruction.
(1) 
Should a building or structure, the use of which or the use of a portion of which is nonconforming, or which is dimensionally nonconforming, be destroyed or damaged by any means to an extent of more than 75% of the replacement cost of the building or structure as determined by the Building Inspector at the time of the reconstruction, it shall not thereafter be reconstructed or used except in conformity with the provisions of this chapter.
(2) 
Should a building or structure, the use of which or the use of a portion of which is nonconforming or which is dimensionally nonconforming, be destroyed or damaged by any means to an extent of 75% or less of the replacement cost of the building or structure as determined by the Building Inspector at the time of the reconstruction, it may be reconstructed and any accompanying nonconforming use continued, provided that the reconstruction is commenced within one year of the date of such damage and completed within two years of said date, and further provided that it shall be reconstructed in accordance with a plan approved the Planning Board so as to result, where possible, in greater conformity with this chapter.
F. 
Change to other nonconforming use. On application, any nonconforming use of land, buildings or structures may be changed to another nonconforming use upon approval by the Board of Appeals based upon a finding that the proposed use is more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Appeals may impose whatever conditions and safeguards it may deem necessary or appropriate to further the purposes of this chapter.
G. 
Improvement of nonconforming uses. In order that nonconforming uses may gradually be brought into greater conformity with this chapter and the adverse external effects of such nonconforming uses may be reduced, the owner of the land, building or structure so used may be permitted to make limited changes to such building, structure or use in conjunction with a site plan whereby, through landscaped screening and buffer areas, control of noise, smoke, odors, lighting, architectural changes, location and layout of parking areas and access drives, or by any other appropriate means, these purposes may be achieved. Such plan shall be presented to the Board of Appeals, which may then grant approval or approval with modifications, provided said agency finds that the purposes of this section shall be met.
A. 
Lot for every building. Every building hereafter erected shall be located on a lot, and there shall be no more than one main building and its accessory buildings on one lot except for nonresidential buildings in districts where such uses are permitted.
B. 
Subdivision of a lot.
(1) 
Where a lot is formed hereafter from part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.
(2) 
Subdivision approval by the Planning Board is required for any division of land. All site development and all use of the property shall be in conformance with the approved subdivision plat and such additional standards and safeguards as the Planning Board may impose as a condition of approval. No building permit, certificate of occupancy, or certificate of use shall be issued until all such requirements have been met. Continued conformance with the approved final subdivision plat and such additional standards and safeguards shall be a requirement of the continued validity of any such certificate of occupancy or certificate of use.
[Added 10-12-1999 by L.L. No. 1-1999]
C. 
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot because of its peculiar or irregular shape, the Board of Appeals shall determine how the requirements of this chapter apply as provided in § 230-40D of this chapter.
D. 
Obstructions to vision at intersections in residential districts. At the intersection of two or more streets in a residential district, no fence, wall, structure, or shrubbery or other obstruction more than two feet in height above the center-line grade of the streets shall be erected or placed on any part of a yard herein established that is included within the triangular area formed by the nearest edges of the street line and a straight line between two points each a minimum of 25 feet back from the intersection of the nearest edges of the street line prolonged.
E. 
New buildings on lots smaller than minimum required area. A permit may be issued by the Building Inspector for the erection of a building for a permitted use on a lot for which a valid conveyance has been recorded prior to the adoption of this chapter and which is not subject to the provisions of § 230-13E of this chapter, notwithstanding that the area or dimensions of such lot are less than that required for the district in which such is located, provided that such lot meets the requirements of § 7-709 of the Village Law.
[Amended 10-12-1999 by L.L. No. 1-1999]
F. 
Yard for every building. No yard, or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as any part of the yard, or open space for any other building. No yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot.
G. 
Use of yards. No accessory building or structure shall be permitted within any minimum required yard, except as regulated by Subsections J and O. No parking shall be permitted within any yard except as provided in Article VII.
H. 
No reduction of required yards. No lot shall be so reduced in area as to make any yard smaller than the minimum required under this chapter.
I. 
Yards on corner lots.
[Amended 10-12-1999 by L.L. No. 1-1999]
(1) 
On a corner lot, each lot line which abuts a street shall be deemed to be a front lot line, and the required yard along each lot frontage shall be a required front yard. The owner shall elect, and so designate on the building permit, which of the remaining two required yards shall be the required side yard and which shall be the required rear yards. Where a corner lot has frontage on three streets, the remaining yard shall be a side yard.
(2) 
For purposes of calculation of the front yard impervious surface ratio, each front yard shall be considered separately as if it was the only front yard on the lot, and each front yard when so considered shall be required to conform to the applicable requirement.
J. 
Structural projections permitted into required yards and courts.
(1) 
Limited walls and fences may be allowed in required yards, subject to the requirements of Subsection L.
(2) 
An arbor, open trellis, flagpole, unroofed steps or terrace shall be permitted in any required yard.
[Amended 12-2-2014 by L.L. No. 5-2014]
(3) 
An awning or movable canopy may project not more than 10 feet into any required yard.
(4) 
Cornices or eaves may project not more than 18 inches into a required yard.
(5) 
Window sills or belt courses may project not more than six inches into a required yard.
K. 
Exceptions to height limitations. The height limitations of this chapter shall not apply to:
(1) 
Church spires, belfries, cupolas, domes, monuments, observation towers, chimneys, smokestacks, derricks, flagpoles, radio towers, masts and aerials, where not used for human occupancy, and where such structures, whether or not they are attached to a roof, do not extend more than 15 feet above the highest roof on the lot.
(2) 
Rooftop bulkheads, elevator penthouses, water towers, water tanks, monitors, fire towers, hose towers, cooling towers, or solar energy collectors, provided that such features shall be erected only to the height necessary to accomplish the purpose they are intended to serve, the total area covered by such features shall not exceed 20% of the horizontal area of the roof on which they are located, where such structures do not extend more than 15 feet above the roof, and where the lot on which they are located is in or adjacent to a residence district, such features shall be set back from the edge of the roof at least one foot for each one foot by which such features exceed the maximum height otherwise specified for the district in which they are located.
L. 
Fences. Fences are permitted within the required yards (as defined herein), provided that:
[Amended 10-12-1999 by L.L. No. 1-1999; 11-17-2004 by L.L. No. 3-2004; 10-13-2015 by L.L. No. 1-2015]
(1) 
In a residential district, a fence constructed in a front yard may not exceed four feet in height. However, if such fence is set back from a front lot line a distance of at least 2/3 of its height, such fence may have a maximum height of six feet.
(2) 
Notwithstanding Subsection L(1), a fence constructed in a front yard but along the side lot line or rear lot line may not exceed six feet in height.
(3) 
In a residential district, a fence constructed in a side yard or a rear yard may not exceed six feet in height. However, if such fence is set back from the nearest lot line a distance of at least 2/3 of its height, such fence may have a maximum height of eight feet.
(4) 
In a nonresidential district, a fence of not less than three-fourths open construction may have a maximum height of eight feet.
(5) 
The Building Inspector may, where required for safety, require the addition to a retaining wall of a motor vehicle bumper guard or a fence, of not less than three-fourths open construction and not exceeding the above height limitations by more than four feet.
(6) 
The fence meets the requirements of Subsection D of this section.
[Amended 10-13-2015 by L.L. No. 1-2015]
(7) 
If any such fence located within a required yard has a finished or more attractive side, such side shall face the neighboring property or street.
[Amended 10-13-2015 by L.L. No. 1-2015]
(8) 
All fences must be inside all lot lines.
[Amended 10-13-2015 by L.L. No. 1-2015]
(9) 
Barbed wire is permitted as a part of a fence in a nonresidential district, provided such barbed wire is located at least six feet above the ground. A barbed wire or electrically charged fence is permitted in any district only upon approval of the Planning Board.
(10) 
Deer fences, as defined in § 230-5, may have a maximum height of 10 feet. Deer fences may be located no closer to any lot line than either one foot or the minimum distance necessary for the protection of the vegetation which the deer fence is intended to protect, whichever distance is greater.
[Amended 12-2-2014 by L.L. No. 5-2014]
(11) 
The height of all fences shall be measured from the natural or finished grade. If a fence is constructed upon a berm or other constructed topographic feature, the total maximum height shall not exceed the limitations specified in Subsections L(1), (2), (3), or (4), as the case may be.
[Amended 10-13-2015 by L.L. No. 1-2015]
(12) 
All fences constructed in a front yard shall have no greater than four inches of clearance between the bottom of the fence and the natural or finished grade. If such clearance shall be greater than two inches, such clearance shall be shielded from view by evergreen plantings.
(13) 
All fences shall be maintained in a structurally sound and attractive manner.
[Amended 10-13-2015 by L.L. No. 1-2015]
(14) 
All nonconforming fences existing on November 9, 2004, shall be required to conform to the above-stated standards no later than November 1, 2006.
M. 
Aircraft and airfields. No landings or takeoffs of any aircraft and no airfields are permitted in any district.
N. 
Solar energy collectors.
[Amended 7-8-1986 by L.L. No. 3-1986]
(1) 
Solar energy collectors are permitted as a part of, and may be attached to, any building.
(2) 
Installation of solar energy collectors shall require the issuance of a building permit. Planning Board approval is also required where solar energy collectors are to be installed at any location other than the roof of a dwelling.
[Amended 9-6-2011 by L.L. No. 2-2011; 5-7-2013 by L.L. No. 3-2013; 1-14-2014 by L.L. No. 2-2014]
O. 
Accessory buildings and structures. Accessory buildings and structures shall be permitted in all districts, subject to the following:
(1) 
The gross floor area of all principal and accessory buildings, regardless of size, located on a lot shall comply with the maximum floor area ratio requirements in § 230-17 of this chapter.
(2) 
The following shall be considered accessory buildings and structures for the purposes of this section: sports courts (including but not limited to basketball courts, tennis courts and platform tennis courts), swimming pools, garages for passenger vehicles or one vehicle with commercial registration under 5,000 pounds' gross vehicle weight, greenhouses, playhouses, garden houses, toolhouses, stables, barns, swing sets and other outdoor recreational equipment and solar energy collectors.
[Amended 3-12-2002 by L.L. No. 1-2002; 9-6-2011 by L.L. No. 2-2011; 12-1-2011 by L.L. No. 4-2012; 12-2-2014 by L.L. No. 5-2014]
(3) 
Accessory buildings and structures not greater than 100 square feet in floor area and not more than 10 feet in height measured to the highest point of the building or structure may be located not closer to a side lot line or a rear lot line than 1/3 of the side yard or rear yard dimensions, respectively, specified in § 230-17 of this chapter. Accessory buildings and structures shall comply with the front yard setbacks specified therein.
[Amended 3-12-2002 by L.L. No. 1-2002]
(4) 
Individual accessory buildings and structures greater than 100 square feet in ground floor area or greater than 10 feet in height shall meet the following requirements:
[Amended 10-12-1999 by L.L. No. 1-1999]
(a) 
Accessory buildings and accessory structures permitted under this section shall comply with the front yard, side yard, and rear yard requirements and the building coverage, impervious surface ratio, and height limitations specified in § 230-17 of this chapter, except that sports courts (including but not limited to basketball courts and tennis courts) and in-ground swimming pools may be located not closer than 15 feet to a side lot line or a rear lot line.
[Amended 3-12-2002 by L.L. No. 1-2002; 9-6-2011 by L.L. No. 2-2011; 12-1-2011 by L.L. No. 2-2012; 12-1-2011 by L.L. No. 4-2012]
[1] 
The provisions of Subsection O(4)(a) shall not apply to temporary storage containers during any period of time that a building permit is in existence for the subject lot or during emergency situations as determined by the Building Inspector or the Code Inspector.
[Amended 12-2-2014 by L.L. No. 5-2014]
(b) 
The construction of an accessory structure over 2,500 square feet in ground floor area or greater than 20 feet in height shall require the issuance of a special permit by the Planning Board pursuant to the requirements of Article VI of this chapter.
(5) 
The maximum ground floor area of an accessory building shall be 900 square feet.
[Added 10-12-1999 by L.L. No. 1-1999]
(6) 
The maximum number of accessory buildings allowed on any lot shall be two.
[Added 10-12-1999 by L.L. No. 1-1999][1]
[1]
Editor's Note: Original § 4.4.15.7, regarding tennis court lighting, added 3-12-2002 by L.L. No. 1-2002, amended 12-1-2011 by L.L. No. 2-2011, which immediately followed this subsection, was repealed 12-1-2011 by L.L. No. 4-2012.
P. 
Garage sales. Garage sales may be conducted from a property in a residential district, provided that:
(1) 
Signs advertising the garage sale shall comply with the requirements of § 230-56K of this chapter.
[Amended 3-12-2002 by L.L. No. 1-2002]
(2) 
The number of garage sales shall be limited to two per year, each to be limited to a maximum duration of three days.
Q. 
Animals.
(1) 
General regulations. The following regulations apply to the keeping of animals in all districts:
(a) 
The keeping, breeding, raising, purchase and/or sale of all animals and their products, including but not limited to milk and eggs, is considered an accessory use and is permitted subject to the requirements listed below.
(b) 
No venomous snakes or wild animals as specified in § 370 of the New York State Agriculture and Markets Law shall be permitted in residential districts.
(c) 
All animals living primarily within the residence and not regulated below are excluded from these regulations.
(d) 
All feed shall be housed in rodentproof containers.
(e) 
All animals shall be suitably contained to prevent damage to persons and property.
(f) 
Regulations for types of animals not regulated in Subsection Q(2) below and not excluded in Subsection Q(1)(c) above shall be determined by the Planning Board.
(2) 
Regulations for specific animals.
(a) 
Fowl (such as chickens, ducks, turkeys, geese). The keeping of five or less fowl is permitted as an accessory use in the R-50 and R-35 Districts. No roosters shall be permitted. All fowl shall be kept in an enclosed coop from sunset to sunrise. The coop shall be located at least 25 feet from any lot lines.
(b) 
Dogs and cats.
[1] 
Dogs or cats less than one year old shall be exempt from these regulations.
[2] 
The keeping of a total of five or less dogs or cats is permitted as an accessory use in any district.
(c) 
Horses, cattle, goats and sheep. Regulations for these animals are listed in § 230-26K of this chapter.
[Amended 12-12-1995 by L.L. No. 1-1995]
R. 
Storage of vehicles or boats. In all residential districts, the storage of not more than one unoccupied recreational vehicle or boat, or not more than one vehicle that is either unregistered or lacking a currently valid inspection sticker, shall be permitted, so long as such vehicle or boat is stored only within a rear yard. No stored vehicle or boat shall exceed 35 feet in length.
[Amended 12-11-2007 by L.L. No. 2-2007]
S. 
Air-pressure buildings. No air-pressure buildings are permitted in any district.
T. 
Municipal uses. Notwithstanding any other provision to the contrary, structures owned or occupied by the Village of Wesley Hills, in the performance of its municipal functions, shall be exempt from the provisions of this chapter.
U. 
Satellite dishes. Satellite dishes greater than one meter (39.37 inches) in diameter shall comply with the following requirements:
[Added 7-8-1986 by L.L. No. 3-1986; amended 12-12-1989 by L.L. No. 2-1989; 3-12-2002 by L.L. No. 1-2002]
(1) 
Satellite dishes greater than one meter in diameter are permitted only behind the rear of the main building, but not on the roof of any building or within a front yard or side yard or within 50 feet of the rear lot line. However, where the Board of Appeals determines that no point exists within such permitted location where such a satellite dish can be installed without preventing or unreasonably limiting reception of delivered signals, the Board of Appeals shall grant a variance permitting the installation of such a satellite dish at another specific location on the lot, subject to all requirements of Subsection U(2) through (4), inclusive.
(2) 
The height of such a satellite dish shall not extend above the highest roof on the lot. However, where the Board of Appeals determines that such limitation on the height of the satellite dish will prevent or unreasonably limit reception of delivered signals, the Board of Appeals shall grant a variance permitting the height of the satellite dish to extend not more than 15 feet above the highest roof on the lot.
(3) 
All equipment to be installed in connection with the satellite dish shall be certified as being safe by an appropriate authority.
(4) 
The installation of a satellite dish greater than one meter in diameter shall require the issuance of a building permit and the approval of the Planning Board.
[Amended 12-1-2011 by L.L. No. 3-2012]
V. 
Banks with drive-through service. Banks with drive-through service shall be permitted only in shopping centers, provided that either of the following two requirements are met:
[Added 3-12-1991 by L.L. No. 1-1991]
(1) 
There is a stacking lane serving the drive-through facility providing space for a minimum of eight vehicles; or
(2) 
The Planning Board determines that the use of the drive-through facility will not interfere with pedestrian or vehicular circulation patterns or the use of parking spaces.
W. 
Home occupations.
[Added 10-12-1999 by L.L. No. 1-1999]
(1) 
The home occupation shall be carried on wholly indoors.
(2) 
There shall be no external display or advertising of goods or services or other external evidence of such use.
(3) 
The establishment of such home occupation shall not require internal or external alterations or construction features not customarily found in dwelling units.
(4) 
The appliances and equipment required for the home occupation shall be operated in such a manner that they do not produce and emit, beyond the boundaries of the premises on which the use is located, dust, glare, hazard, heat, light, noise, nuisance, odor, radiation, radio or TV interference, smoke, or vibration, and are in no other manner obnoxious, offensive, or detrimental to the immediate neighborhood.
(5) 
The home occupation itself shall be conducted in such a manner and during such hours that it is in no way obnoxious, offensive, or detrimental to the immediate neighborhood.
X. 
Minor neighborhood gatherings.
[Added 1-13-2009 by L.L. No. 1-2009[2]]
(1) 
Any single-family residence may also be used as a minor neighborhood gathering.
(2) 
The building containing the minor neighborhood gathering shall comply with all requirements of all applicable building codes of New York State, including, without limitation, the Residential Code of New York State and the Existing Building Code of New York State.
(3) 
The maximum number of persons using the minor neighborhood gathering shall be the maximum number that can comply with the Residential Code of New York State and the Existing Building Code of New York State, as applied to the portion of the building containing the minor neighborhood gathering.
(4) 
All required parking spaces must be provided on the lot on which the minor neighborhood gathering is located and/or on other lots within the Village of Wesley Hills and within 100 yards of the periphery of the lot on which the minor neighborhood gathering is located, with the permission of the owners of such lots. The required parking spaces shall be used in full before additional parking associated with the minor neighborhood gathering is allowed on any street. Unless the minor neighborhood gathering has frontage and practical access exclusively on a major road, an application may be made to the Planning Board for relief from this requirement. Upon such application, the Planning Board may determine to allow on-street parking on any street other than a major road to count towards satisfaction of the parking requirement if it determines that it would be consistent with public safety and neighborhood character to do so.
[Amended 9-6-2011 by L.L. No. 2-2011]
(5) 
In the event that an application is made to the Planning Board for relief from the parking requirement pursuant to Subsection X(4), a simple plot plan showing the lot, driveways, paved areas and all structures thereon shall be submitted as part of the application, but no site plan is required unless otherwise required by the Planning Board.
(6) 
There shall be no external sign or display indicating the use of the structure as a minor neighborhood gathering.
(7) 
The lot shall be required to comply with the maximum impervious surface ratio set forth in § 230-17 of this chapter, unless the applicant shall also obtain a special permit for increased impervious surface pursuant to § 230-26L of this chapter.
[2]
Editor's Note: This local law also repealed original § 4.4.24, Minor religious gatherings, added 3-11-2003 by L.L. No. 1-2003.
Y. 
Group family day-care homes. Group family day-care homes shall comply with the following requirements:
[Added 1-10-2012 by L.L. No. 1-2012]
(1) 
Such use shall comply with all licensing, site area and dimensional requirements established for group family day-care homes by the New York State Department of Social Services.
(2) 
The design of the parking area for such use shall comply with the provisions of §§ 230-31 and 230-32C of this chapter.
Z. 
Exterior lighting in residential districts. All permitted uses in all residential zoning districts shall comply with the standards below for exterior lighting. Exterior lighting for special permit uses and all uses in the NS Neighborhood Shopping District shall be regulated by the requirements of § 230-54B(10) of this chapter.
[Added 12-1-2011 by L.L. No. 4-2012]
(1) 
Measurement. From 10:00 p.m. until sunrise on weekday nights and from 12:00 Midnight until sunrise on weekend or holiday nights, lighting levels shall not exceed 0.6 footcandle at any property line of the subject residential property. Light levels shall be measured in footcandles with a direct reading, portable light meter. All measurements shall be taken at a height of 3 1/2 feet above the ground.
(2) 
Control of glare. Lamps shall be shielded, hooded and/or louvered to provide a glare-free area beyond the property line and onto any public right-of-way.
(3) 
Lighting type. No exterior lighting shall be permitted of a moving, blinking, flashing or fluttering nature, except for seasonal holiday lighting. Beacons and searchlights are not permitted under any circumstances. No lights shall be used at any location that may be confused or construed as traffic control devices.
(4) 
Mounting height. Poles and standards used for the mounting of exterior lighting shall not exceed 12 feet in height to the highest point of the fixture.
(5) 
Exemptions. The following types of exterior lighting are not subject to these regulations:
(a) 
Security lighting operated for less than two minutes by motion sensors.
(b) 
Lighting to illuminate flags representing the State of New York, the United States or a civic entity.
A. 
Conformance required. No special permit use or nonresidential use shall hereafter be established, altered, moved, or expanded unless it complies with the performance standards set forth in this section. Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy. Central utility systems serving three or more dwelling units, including but not limited to systems providing heat, water, air conditioning, sewage treatment, garbage collection, and electrical power, shall be deemed to be nonresidential uses for the purposes of this section.
B. 
Purposes. Consistent with the general purposes of this chapter, performance standards shall set specific controls on potentially objectionable external aspects of special permit uses or nonresidential uses so as to:[1]
(1) 
Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor or other atmospheric pollutants outside the building in which the use is conducted.
(2) 
Control noise perceptible beyond the boundaries of the site of the use.
(3) 
Prevent the discharge of untreated or insufficiently treated wastes into any watercourse.
(4) 
Prevent the dissemination of vibration, heat or electromagnetic interference beyond the immediate site on which the use is located.
(5) 
Prevent physical hazard by reason of fire, explosion, radiation or any similar cause.
(6) 
Regulate and control the generation and flow of vehicular traffic so as to prevent hazardous conditions, traffic congestion and excessive noise in the streets.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Standards for noise. No land use shall be permitted which will produce a volume of noise which would violate the provisions of any law regulating noise in the Village of Wesley Hills.
D. 
Standards for vibration.
(1) 
Method of measurement. For the purpose of measuring vibration, a two-component measuring system approved by the Planning Board shall be employed.
(2) 
Maximum permitted steady-state and impact vibration displacement. No activity shall cause or create a steady-state or impact vibration on any lot line with a vibration displacement by frequency bands in excess of that indicated in the following table:
Vibration Displacement
(inches)
Frequency
(cycles per second)
Steady-State
Impact
Under 10
0.0005
0.0010
10 to 19
0.0004
0.0008
20 to 29
0.0003
0.0006
30 to 39
0.0002
0.0004
40 and over
0.0001
0.0002
E. 
Standards for smoke, dust, and other atmospheric pollutants.
(1) 
General control. The emission of smoke and other particulate matter shall not be permitted, regardless of quantity, if it will be in any way detrimental to the public health, safety, welfare or comfort, or a source of damage to property.
(2) 
Method of measurement of smoke. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart shall be used to determine the total smoke units emitted. A reading shall be taken every minute for an hour, or if less than an hour, until the total smoke units emitted exceed the number allowed by these regulations. Each reading shall be multiplied by the number of minutes during which it was observed and the product added.
(3) 
Maximum permitted emission of smoke. There shall be no measurable emission of smoke, gas or other atmospheric pollutant. The emission of one smoke unit per hour and smoke with discernible density of No. 1 on the Ringelmann Smoke Chart shall be prohibited.
(4) 
Maximum permitted emission of dust.
(a) 
The emission of dust related to combustion for indirect heating from any source shall not exceed 0.30 pound of dust per thousand pounds of flue gas adjusted to 50% excess air for combustion.
(b) 
There shall be no measurable emission of dust or other particulate matter not related to combustion for indirect heating.
(c) 
All properties shall be suitably improved and maintained with appropriate landscaping and paving, or other type of improvement, so that there will be no measurable windblown dust or other similar types of air pollution created.
F. 
Standards for odorous matter. No land use shall be permitted which emits any discernible odor outside the building or facility in which the use is conducted.
G. 
Standards for toxic or noxious matter. No use shall be permitted which will cause any dissemination whatsoever of toxic or noxious matter outside the building in which the use is conducted.
H. 
Standards for radiation and electromagnetic interference.
(1) 
Radiation. The handling, storage or disposal of radioactive materials or waste by-products, whether or not licensed by the Nuclear Regulatory Commission, shall be conducted only in accordance with the standards established in Title 10, Chapter 1, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation," as amended, and in accordance with any other applicable laws or regulations.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Electromagnetic interference. No operation shall be permitted which produces any perceptible electromagnetic interference with normal radio or television reception in any area within or without the Village.
I. 
Standards for fire, explosive hazard and heat.
(1) 
Fire and explosive hazard. No storage or manufacture of explosives or solid materials or solid products which burn actively or which have a low ignition temperature, a high rate of burning, or create great heat under ordinary temperature conditions shall be permitted.
(2) 
Heat. There shall be no emission of heat which would cause a temperature increase in excess of 1° F. along any adjoining lot line, whether such change be in the air, in the ground, or in any watercourse or water body.
J. 
Standards for liquid or solid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the Rockland County Health Department, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects.
K. 
Standards for vehicular traffic. No business or industrial use, home occupation or special permit use shall be permitted where it is determined by the Planning Board that the type and number of vehicle trips it is estimated to generate would be expected to produce unusual traffic hazards or congestion, or cause or induce emissions which may be expected to interfere with the maintenance of air quality standards established by the U.S. Environmental Protection Administration, the New York State Department of Environmental Conservation, or other regulatory agency having jurisdiction, due to the design or capacity of the highway system, the relationship of such proposed use to surrounding or nearby industrial, commercial or residential uses, or other factors affecting air pollution arising from mobile source activity.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
L. 
Procedure.
(1) 
In the case of any application for the establishment of a use subject to the performance standards, the Planning Board may require the applicant, at his own expense, to provide such evidence as it deems necessary to determine whether the proposed use will conform to said standards.
(2) 
If the Planning Board deems it necessary, expert advice may be obtained, with the cost of such advice paid for in advance by the applicant as a condition of further consideration of his application. The report of any expert consultants shall be promptly furnished to the applicant.
(3) 
During the course of site plan or special permit review, the Planning Board will determine if the applicant's proposal will conform to the performance standards.