[Added 2-12-2001 by L.L. No. 1-2001; amended 10-12-2006 by L.L. No. 9-2006]
A.
Religious and educational (private elementary and
secondary schools) uses are permitted in the Residence A, Residence
B and Business D Zoning Districts in the Village with the permission
of the Board of Trustees, subject to compliance with the requirements
set forth in this section, and subject to the criteria set forth in
this section, to protect the public health, safety and general welfare.
(1)
In granting or modifying a special use permit pursuant
to this section, the Board of Trustees may impose reasonable conditions
to protect the public health, safety and general welfare.
B.
In addition to the regulations otherwise applicable to religious and educational uses pursuant to Subsection A of this section, each building, structure or premises used for a religious and/or educational use shall comply with the following conditions and limitations:
(1)
Height.
(a)
In the Residence A, Residence B and Business
D Districts, no building or structure used for a religious or educational
use, or a permitted accessory use, shall have a height (exclusive
of a steeple or spire) of more than two stories, or 25 feet, above
the grade at the level of each adjoining street, whichever is less.
Also, no steeple or spire on any such building or structure shall
have a height in excess of 20 feet above the top of the roof of such
building.
(b)
In the Residence A and Residence B Districts,
a pitched roof is limited to a height of 33 feet above the grade at
the level of the adjoining street.
(2)
Building area.
(a)
In the Residence A District, the floor area
ratio of all buildings and structures on the lot or premises shall
not exceed 0.28.
(b)
In the Residence B District, the floor area
ratio of all buildings and structures on the lot or premises shall
not exceed 0.32.
(c)
In the Business D District, no building, structure
or use, together with any accessory buildings, structures or uses,
shall occupy more than 75% of the area of the lot, exclusive of any
portion of such lot that may consist of land under water.
(3)
Minimum lot area.
(a)
For religious uses, no such building, structure
or use shall be conducted on a lot having an area less than 30,000
square feet in the Residence A and Residence B Districts and 20,000
square feet in the Business D District.
(b)
For educational uses, no such building, structure
or use shall be conducted on a lot having an area less than 40,000
square feet in the Residence A and Residence B Districts and 20,000
square feet in the Business D District.
(4)
Required yards. The required yards shall be the same
as the requirements applicable to the zoning district.
(5)
Street frontage. The required street frontage shall
be the same as the requirements applicable to the zoning district.
(6)
Off-street parking. No religious or educational use shall be conducted on a lot or premises unless paved off-street parking for such use is provided on the same lot or premises in accordance with § 230-52, Schedule of Off-Street Parking Space Requirements. In granting or modifying a special use permit for any such use, the Board of Trustees may reduce the parking requirements where it can be demonstrated, through a parking analysis prepared by a traffic engineer, that a reduction in the actual parking demand will result from the operation of the use, in which event the Board may impose conditions on the operation of such use to assure compliance with the assumptions of such analysis.
(a)
Each parking area shall be provided with adequate
facility for site drainage, which shall not drain into public roads
or public drainage systems.
(b)
No parking space shall be located in a front
yard or in a required rear or side yard setback area.
(c)
All parking spaces shall be maintained in good
condition and shall have adequate means of ingress and egress as approved
by the Board of Trustees.
(d)
All parking spaces shall be at least nine feet
by 18 feet, and there shall be an aisle of at least 15 feet separating
rows of parking spaces.
(e)
Every parking area shall be enclosed with a
good-quality solid sapling fence six feet in height, with a finished
side facing the property boundaries, entirely enclosing the parking
area, with the exception of such portions as are used for ingress
or egress. Said fence shall be properly landscaped and screened, with
shrubs and plants to be situated on the outside of such fence, in
accordance with landscaping plans approved by the Board of Trustees
as part of the approval of any conditional use permit.
C.
Criteria for issuance of special use permit. When
considering an application for a special use permit, the Board of
Trustees shall ensure, at a minimum, that the proposed use:
(1)
Will be properly located in regard to transportation,
water supply, waste disposal, fire protection and other facilities;
(2)
Will not create undue traffic congestion, traffic
hazard, or circulation conflicts;
(3)
Will not adversely affect the value of property, character
of the neighborhood or the pattern of development;
(4)
Will encourage an appropriate use of land consistent
with the needs of the Village; and
(5)
Will not impair the public health or safety.
The following additional provisions shall apply
to accessory buildings and uses:
A.
The accessory building or use must be located on the
same lot as the principal building or use to which it is accessory
or on a lot immediately adjoining it. If it is located on a lot immediately
adjoining the lot on which the principal building or use is located
and the lots are severed, the accessory use shall cease.
B.
The accessory use shall not be carried on by any person
other than the occupant of the principal building or, in the case
of vacant property, by the owner of the lot.
C.
The term "accessory use," as used in this chapter,
shall not include any parabolic, hemispheric or other antennae or
other outdoor equipment for receiving audio, visual or data signals
from the air or space, except that the use of antennae for such purposes
shall be permitted as an accessory use only if:
[Added 2-6-1984 by L.L. No. 3-1984]
(1)
No more than one such antenna is located on a single
lot or premises.
(2)
Such antenna is located on the roof of the principal
building on the lot or premises.
(3)
The height of such antenna is not greater than six
feet from the roof of the principal building.
(4)
In the case of parabolic or hemispheric antennae,
the diameter of the antenna does not exceed two feet.
Where a lot or premises in a residence district
is permitted to be used in part as the office of a professional person,
the following additional conditions and regulations shall apply:
A.
Such use is limited to the office of not more than
one practitioner of medicine, osteopathy, physiotherapy, dentistry,
podiatry or psychology duly licensed under the Education Law of the
State of New York.
[Amended 12-1-1958 by Ord. No. 91[1]]
[1]
Editor's Note: This subsection was also amended
11-5-1979 by L.L. No. 7-1979, which was immediately repealed 12-3-1979
by L.L. No. 9-1979.
B.
Not more than one nurse or assistant or associate
worker may be employed in such office.
C.
No display of advertising and no sign shall be permitted
except the name of the professional person and letters or abbreviations
indicating the nature of his profession. No such sign shall be illuminated,
except by reflector buttons. No such sign shall exceed two feet in
length or six inches in height.
D.
Such office must be located in, and as part, of the
principal dwelling and may not be housed in a separate building.
E.
In no case may the practice of a profession be permitted
as a principal use.
F.
It shall be unlawful for a practitioner of any of the professions set forth in Subsection A hereof to maintain office hours or treat patients in an office located in a residence district between the hours of 11:00 p.m. and 7:00 a.m., except for emergency treatment. "Emergency treatment" is hereby defined as urgent treatment requiring the immediate attention of the practitioner with respect to a problem or condition not immediately foreseen and which treatment cannot be held in abeyance for authorized office hours without endangering the life or safety of the patient.
[Added 2-5-1973 by Ord. No. 129]
In a residence district a private garage is
permitted only as an accessory use and subject to the following conditions:
A.
No business, service or industry may be carried on
directly or indirectly in or in connection therewith.
B.
No commercial vehicle shall be stored or kept temporarily
or permanently in such garage or elsewhere on the lot.
C.
When attached to or forming part of the principal
building, no part of the garage is permitted in a required yard.
D.
When the garage is not attached to the principal building
and does not form a part thereof, every part of such garage shall
conform to the requirements of this Code for accessory structures.
In addition, every part of such garage shall be at least 10 feet from
any residence, including the residence to which it is accessory.
[Amended 11-14-1988 by L.L. No. 2-1988]
E.
Whether or not attached to the principal building,
no part of the garage is permitted in the front yard.
Real estate signs, if and when permitted in
a residence district, must be set back as far from the street line
as if they were the main front wall of a principal building. Such
signs shall not exceed in the aggregate 12 square feet in area and
shall be set at least three feet above the ground level.
[Amended 11-1-1971 by Ord. No. 126; 3-13-1989 by L.L. No. 4-1989]
The following regulations shall apply to fences,
walls and retaining walls:
A.
No fence or wall shall exceed six feet in height.
No retaining wall shall have a height greater than that of the land
in its natural state at the point where such retaining wall is to
be constructed. In the event that any portion of a retaining wall
has a height exceeding that of the land in its natural state at the
place where the retaining wall is to be constructed, such retaining
wall shall be treated, for the purposes of this section, as a wall,
notwithstanding that dirt and soil may be piled or graded against
it, and such wall shall comply with the provisions of this chapter.
B.
Fences and walls must comply with the front yard,
side yard and rear yard restrictions applicable to a principal building
or structure in the district in which they are constructed, except
as otherwise specifically provided for in this section. Retaining
walls need not comply with such front yard, side yard or rear yard
restrictions.
C.
Notwithstanding any of the provisions of this Code,
a fence of any height and a wall of any height and a retaining wall
having a height of more than four feet above the lowest natural grade
adjacent to the wall shall not be erected until plans are filed with
the office of the Village Clerk, addressed to the Board of Trustees
of the Village, and until a building permit has been issued for the
construction of such fence, wall or retaining wall.
D.
Notwithstanding any other provision of this chapter
to the contrary, a fence having a height of four feet or less may
be erected in a side yard or rear yard and may be erected along a
side or rear yard property line, and a fence having a height of six
feet or less may be erected in a rear yard or along a rear property
line.
E.
No fence or wall, regardless of height, shall be erected
or constructed or placed in that part of any lot lying in a front
yard setback area, and, in the case of a corner lot, no fence or wall
shall be erected, constructed or placed in that part of a lot designated
and known as the "front yard."
A.
Except as provided in § 218-17 and in this
section, no building or other structure shall be permitted in, upon
or over a required front yard, rear yard or side yard, with the following
exceptions:
[Amended 4-12-1993 by L.L. No. 1-1993; 11-14-2002 by L.L. No. 2-2002]
(1)
Light pillars and light posts may be located in a
front yard, provided that the design, number and appearance of the
same is approved by the Architectural Review Board.
(2)
Roofs, eaves, gutters and cornices may project into
a required yard not more than two feet.
(3)
One-story bay windows may project not more than two
feet six inches for a width not exceeding eight feet.
(4)
Unenclosed and unroofed platforms and steps, designed
to provide safe access to grade from service entrance doors, may project
not more than three feet six inches into a required side yard. The
horizontal surface of any encroaching platform and steps shall not
exceed 17.5 square feet into a required side yard.
(5)
One-story open porches and one-story entry porticos
may project not more than five feet for a maximum width of nine feet
into a required front yard. Said width shall be centered on the center
line of the front door. Further, unenclosed and unroofed platforms
and steps, designed to provide safe access to grade from front doors,
may project not more than five feet into a required front yard, and
the horizontal surface of any such encroaching platform shall not
exceed 45 square feet.[1]
[1]
Editor's Note: Former Subsection B, regarding
roofs, eaves, gutters and cornices, which immediately followed this
subsection, was repealed 11-14-2002 by L.L. No. 2-2002.
B.
A building permitted for accessory uses and not connected
with or constructed as part of the principal building or establishment
may be situated in a required side or rear yard if it conforms with
all of the following requirements:
(1)
No building or part thereof shall be permitted nearer
to the rear line or nearer to a side line than would be permitted
for a principal building.
[Amended 1-6-1986 by L.L. No. 2-1986]
(2)
No building permitted in a rear yard shall exceed
eight feet in height from the mean ground level to the highest point
of the roof.
[Amended 1-6-1986 by L.L. No. 2-1986]
(3)
Buildings permitted in the rear yard may occupy not
over 20% of the required rear yard area.
[Added 10-10-2016 by L.L.
No. 8-2016]
A.
Notwithstanding any other provision of this Code, except as otherwise
provided in this section, transient dwelling units are prohibited
in all zoning districts in the Village. Any person, acting as owner,
occupant, person with authority to permit use or occupancy of any
property in the Village, or as agent for any such person, who shall
establish, maintain, operate, let, lease, rent or suffer or permit
a property in the Village to be used as a transient dwelling unit,
except as permitted by this section, shall be guilty of a violation.
B.
No transient dwelling unit shall be established, maintained, operated,
let, leased, rented, or used without a transient dwelling permit from
the Village. Any person, acting as owner, occupant, person with authority
to permit use or occupancy of any property in the Village, or as agent
for any such person, who shall establish, maintain, operate, let,
lease, rent or suffer or permit a property in the Village to be used
as a transient dwelling unit without a transient dwelling permit shall
be guilty of a violation.
C.
No transient dwelling unit permit may be obtained or issued for a
dwelling unit for use as a transient dwelling unit more often than
two times in any calendar year.
D.
Each person obtaining a transient dwelling unit shall pay a permit
fee to the Village in an amount determined from time to time by resolution
of the Board of Trustees.
E.
Transient dwelling unit permits shall be issued by the Village Clerk,
upon submission of a properly completed application form promulgated
for such purpose by the Village Clerk, and upon payment of all required
fees. No such permit shall be issued for any premises at which a violation
of this section has occurred within the twelve-month period prior
to the proposed commencement date of the occupancy for which the transient
dwelling permit is requested.
F.
No transient dwelling permit shall be transferable to or used by
any occupant other than an occupant listed in the permit application.
G.
An application form for a transient dwelling unit Permit shall include,
at a minimum, the following information:
(1)
The legal name, contact information (including e-mail and cell phone)
and mailing address of the owner of the property and the principal
proposed occupant of the property;
(2)
The physical and mail address of the property which is the subject
of the permit;
(3)
The written sworn or acknowledged consent of the owner of the property;
(4)
The name and contact information for a representative of the property
owner as an emergency contact, who must be located within Nassau County
or within 25 miles of the Village, and who must be available to manage
the property at all times during the period of the transient use.
H.
Upon issuance of a transient dwelling permit, and at least five days
prior to the commencement of any use or occupancy of a premises pursuant
to such permit, the owner of the property which is the subject of
such permit, or the duly authorized agent of such owner, shall provide
written notice, by first-class mail or personal delivery, to the owners
or occupants of each abutting property, informing those neighbors
that a transient dwelling permit has been issued and providing the
name and contact information for the emergency contact person. Proof
of such notice shall be filed with the Village Clerk at least five
days prior to the commencement of occupancy of the property pursuant
to the permit.
J.
Any transient dwelling permit issued pursuant to this section may
be suspended or revoked by the Mayor or the Code Official for due
cause, in addition to any other applicable penalty provided by law.
Written notice of such suspension or revocation shall be given promptly
by the Village Clerk to the owner and the proposed occupant. The Board
of Appeals shall have jurisdiction to hear and determine any appeal
from such suspension or revocation, and any person aggrieved by a
determination to suspend or revoke a transient dwelling permit may
appeal, in writing, to the Board of Appeals within 15 days after such
written notice.
[1]
Editor's Note: Former § 230-22,
Height of walls, was repealed 7-11-2005 by L.L. No. 7-2005.
No public garage, automobile service station
or gasoline filling station shall be permitted, operated or maintained,
except in accordance with the following regulations:
A.
The provisions of Ordinance No. 15 in relation to
public garages, automobile service stations and gasoline filling stations
adopted November 17, 1931, as now or hereafter amended, shall be complied
with.[1]
B.
No part of the workshop or storage space shall be
nearer than 25 feet to any public street.
C.
All entrances and driveways shall have an unobstructed
width of at least 15 feet.
D.
No painting or repair work shall be done on the lot.
E.
There shall be no opening in the side or rear wall
or roof of such building within 15 feet of any side or rear property
line.
F.
Where the lot adjoins a residence district, there
shall be no opening in the wall of the building on that side, and
all existing doors and windows on that side shall be permanently blocked
and sealed.
G.
No internal combustion engine may be used unless it
is equipped with an effective muffler or silencer.
H.
All of the requirements of the Nassau County Fire
Marshal or other official, board or body shall be complied with.
A.
No building or structure shall be constructed or maintained
upon any premises in the Village within 20 feet of the street line
of any entrance to the Village, as defined in this chapter.
B.
No building or other structure shall be constructed
or maintained which shall have any entrance or entrances for the use
of customers and employees, or either of them, or for the receipt
or delivery of goods in or upon the side thereof facing any entrance
to the Village; provided, however, that this subsection shall not
be construed to prevent the construction and maintenance of emergency
exits upon such side thereof or the construction or maintenance thereon
of windows for the display of goods; and further provided that the
Board of Trustees may, in its discretion, permit the construction,
maintenance and use of an access road situated entirely within the
business district of the Village leading to a required parking space,
if said Board should determine that such access road is necessary
or desirable for the convenient use of such parking space and will
not result in undue interference with traffic.
[Amended 9-4-1962 by Ord. No. 102]
A.
In the case of a corner lot there shall be a front
yard on each street. In the Residence AA and Residence A Districts
there shall be a rear yard opposite each front yard and no side yard.
In residence districts other than the Residence AA and Residence A
Districts, there shall be a rear yard opposite the narrower street
frontage; the yard opposite the wider street frontage shall be the
side yard.
[Amended 4-5-1965 by Ord. No. 105]
B.
In the case of a lot, other than a corner lot, which
adjoins two or more streets, a front yard is required on each street.
C.
In the case of a residential corner lot, notwithstanding
any other provision of this chapter, the required side and rear yard
setbacks for such lot shall be the minimum fixed side and rear yard
setbacks established for the district in which the property is located,
without any addition to that minimum fixed setback based upon the
width or depth of the property.
[Added 7-11-2005 by L.L. No. 7-2005]
In the case of a lot situated partly in each
of two or more districts, no principal building, use or establishment
shall be constructed, altered or maintained thereon except in conformity
with the regulations applying to the most highly restricted district
in which such building, use or establishment or any part thereof is
situated. No accessory building, use or establishment shall be constructed,
altered or maintained unless the principal building, use or establishment
to which it is accessory is one permitted in the district in which
such accessory building, use or establishment is situated.
A.
Building zone districts include all public or private
streets, ponds, streams and waterways adjacent thereto, whether or
not so designated upon the Zoning Map, including land underwater and
land heretofore or hereafter formed by filling, accretion, emergence,
avulsion or otherwise.
B.
In case a public or private street, pond, stream or
waterway, as shown on said map, forms a boundary between two or more
districts of different classes, each district shall be deemed to extend
to the middle line of the street or the center of the pond or the
thread of the stream or waterway, as the case may be.
C.
Where the widening of Middle Neck Road heretofore
resulted in a reduction of the depth of the business district to less
than 100 feet, the westerly line of the business district at such
point shall be deemed extended westerly a distance equal to such widening,
it being intended that at no point on Middle Neck Road shall the business
district have a depth of less than 100 feet.
For the purpose of computing the building area,
the size of the lot, the rear yard, the front yard, the side yards
and the street frontage, every public street and any proposed street
or streets shown on any Official Map or Comprehensive Plan of the
Village or any amendment or modification thereof now or hereafter
duly adopted by the Board of Trustees or the Planning Board shall
be considered a public street with the same force and effect as if
the same had been duly opened and improved and made available for
public use; provided, however, that upon the acquisition of any such
street or streets or any part thereof, the Board of Trustees may,
in its resolution authorizing the acquisition, provide that the area
of the street or part thereof so acquired may be included in computing
the building area, the size of lot and the depth of the yard abutting
thereon under any application, submitted within five years after the
date of such resolution, for the construction, alteration or use of
a building or other structure upon the lot or lots of which the street
or part thereof so acquired formed a part.
Except as provided in § 230-28, for the purpose of computing the building area, the size of lot, the rear yards, front yards and side yards, the land lying in the bed of any public or private street adjacent thereto, and the land lying below the high-water mark of any pond, stream or waterway adjacent thereto, shall be excluded, unless the application for a building permit shall also provide for the bulkheading or filling in of a portion of such pond, stream or waterway, in which case the land lying below the high-water line as so relocated shall be excluded.
For the purpose of computing the building area,
the required yards and the distance from the lines of the lot, the
walk or platform along the side of a swimming pool, the base for the
springboard or diving platform and the foundation for the purifying
apparatus, if any, shall be included. All pools shall be constructed
in accordance with standard practice. Each pool shall be provided
with permanently installed facilities for the complete draining thereof.
Such facilities shall include provisions, approved by the Code Official,
for disposing of the entire contents of the pool by means of diffusion
wells or otherwise beneath the surface of the ground within not more
than 48 consecutive hours. Such facilities shall be entirely separate
from the house drains and house sewer. In no case may the contents
of the pool be permitted to discharge, directly or indirectly, into
a street or public drain or catch basin or in, upon or under the land
of another person without his written consent or in such a way as
to adversely affect the functioning of the house drains or house sewer
of another property.
A.
The provisions of § 230-12 relating to the height of buildings in the business district are subject to the following exceptions:
(1)
Such provisions shall not apply to chimneys, flues,
church spires, cupolas, belfries, flagpoles or radio or television
antennas.
(2)
A parapet wall or cornice may extend above such height
limit not more than five feet.
(3)
Chimneys or flues, bulkheads, elevator enclosures
and water tanks occupying in the aggregate less than 10% of the area
of the roof on which they are located may extend above such height
limit by not more than 12 feet.
B.
The provisions of § 230-11 relating to the height of buildings in the Residence C District shall not apply to church spires or belfries.
C.
The provisions relating to the height of buildings
in the residence districts shall not apply to chimneys, flues, flagpoles
and radio and television antenna attached to the building or any part
thereto.
All the provisions of this chapter relating
to the Business D District shall apply to that plot of land described
as Plot B in a certain deed from Villa Park Association of Great Neck
to William Carroll Latimer, dated February 20, 1917, and recorded
on February 26, 1917, in liber 463 of conveyance at page 155, except
as follows:
A.
No front yard shall be required on Middle Neck Road
or on any part of the curve on Cedar Drive abutting said property.
B.
No side yard shall be required between the southerly
line of Cedar Drive and the southerly line of said parcel.
C.
The distance between the rear lot line and the main
rear wall of the building shall be not less than 20 feet.
In case of an irregular parcel of land, the
Board of Trustees shall have the power to determine and designate
what portion thereof shall be deemed to be used in connection with
the proposed building or use and what, if any, portion thereof is
not properly to be deemed used in connection therewith. For the purpose
of computing the size of the lot, only that portion of the parcel
of land which the Board of Trustees deems to be used in connection
with the proposed building or use shall be included.
[Added 4-5-1965 by Ord. No. 105]
A lot now existing or hereafter created which
adjoins the easterly line of Queens County and lies entirely within
60 feet of the said Queens County line and is in the same ownership
as the lot situated in Queens County which it adjoins, if said Queens
County lot is used and occupied as a residence for one family only,
may be used as accessory to such Queens County lot, notwithstanding
that it has an area smaller than that required for the district in
which it is situated, provided that no building or structure is erected
or maintained thereon other than a boundary wall or fence and no use
is permitted on said lot or on the Queens County lot that it adjoins
which is not permitted in the district within the Village in which
it is situated.
[Added 9-9-1974 by L.L. No. 1-1974]
A.
No tennis court may be constructed or maintained except
as an accessory structure to an existing one-family dwelling located
on the same lot.
B.
No tennis court, including the fence enclosing it,
shall be built or maintained in a front yard or within 20 feet of
a rear or side lot line.
C.
All tennis courts shall be completely enclosed with
a chain link fence which shall be constructed and maintained in accordance
with the following specifications as long as the tennis court remains
in existence:
(1)
Height: not less than 10 feet nor more than 12 feet
above the playing surface.
(2)
Fabric: not less than nine-gauge steel having a uniform
square mesh with two inches between parallel sides. The mesh shall
have a green plastic coating.
(3)
End and corner posts: two-and-one-half-inch ID galvanized
pipe with a wall thickness of 0.203 of an inch.
(4)
Line posts: two-inch ID galvanized pipe with a wall
thickness of 0.154 of an inch.
(5)
Horizontal lines: There shall be three horizontal
rails running between the vertical posts situated at the top center
and bottom of the chain link fabric. These rails shall be one-and-one-fourth-inch
ID galvanized pipe having a wall thickness of 0.14 of an inch.
(6)
Distance between posts: not more than 10 feet.
D.
All tennis courts and the fencing surrounding same
shall be completely screened from adjoining properties by a living
screen of coniferous trees. Said trees shall be at least eight feet
in height when planted and shall be planted five feet on center between
the fence surrounding the court and the lot lines of the lot on which
the court is located, on all sides of the court not facing the dwelling
on the same lot. Said coniferous screening shall consist of Canadian
hemlock or an alternate approved by the Code Official and shall be
maintained as long as the tennis court remains in existence.
E.
The height of the playing surface of the tennis court
shall not be above the existing mean level of the ground immediately
surrounding the court area prior to construction of the court.
F.
No tennis court shall be constructed or maintained
so as to permit any drainage water to flow onto adjacent properties
or public streets.
G.
There shall be no artificial illumination of the tennis
court.
H.
The building permit and certificate of occupancy for
a tennis court must be obtained from the Board of Trustees after full
compliance with all the requirements of the law has been certified
by the Code Official.
[Added 4-13-1998 by L.L. No. 4-1998]
A.
Purpose.
(1)
The purpose of this section is to establish general
guidelines for the siting of wireless communications towers and antennas.
(2)
The goals of this section are to:
(a)
Protect residential areas and land uses from
potential adverse impacts of towers and antennas.
(b)
Encourage the location of towers in nonresidential
areas.
(c)
Minimize the total number of towers throughout
the community.
(d)
Strongly encourage the joint use of new and
existing tower sites as a primary option rather than construction
of additional single-use towers.
(e)
Encourage users of towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is minimal.
(f)
Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the towers
and antennas through careful design, siting, landscape screening and
innovative camouflaging techniques.
(g)
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently.
(h)
Consider the public health and safety of communication
towers.
(i)
Avoid potential damage to adjacent properties
from tower failure through engineering and careful siting of tower
structures.
(3)
In furtherance of these goals, the Village shall give
due consideration to the Village's Comprehensive Plan, Zoning Map,
existing land uses and environmentally sensitive areas in approving
sites for the location of towers and antennas.
B.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
BACKHAUL NETWORK
FAA
FCC
HEIGHT
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
TOWER
Definitions. As used in this section, the following
terms shall have the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date of
this section, including permitted towers or antennas that have not
yet been constructed so long as such approval is current and not expired.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term includes the structure and any support thereto.
C.
Applicability.
(2)
Amateur radio station operators and receive-only antennas.
This section shall not apply to any tower, or the installation of
any antenna, that is under 70 feet in height and is owned and operated
by a federally licensed amateur radio station operator or is used
exclusively for receive-only antennas.
(4)
AM array. For purposes of implementing this section,
an AM array, consisting of one or more tower units and supporting
ground system which functions as one AM broadcasting antenna, shall
be considered one tower. Measurements for setbacks and separation
distances shall be measured from the outer perimeter of the towers
included in the AM array. Additional tower units may be added within
the perimeter of the AM array by right.
(5)
Television-reception-only and satellite-reception-only
antennas. Notwithstanding any other provision of this section, the
following are not subject to regulation pursuant to this section,
and do not require a building permit, provided that such antenna is
located on the roof of a principal building or within a building:
(a)
Antennas extending not more than four feet in
height above the building or structure upon which they are located,
and used only for reception of television signals.
(b)
Antennas used only for the purposes of receiving
satellite signal transmissions, and having a diameter not more than
two meters when located in a business district, or not more than one
meter in diameter when located in a residential or multifamily residential
district.
D.
General requirements.
(1)
Principal or accessory use. Antennas and towers may
be considered either principal or accessory uses. A different existing
use of an existing structure on the same lot shall not preclude the
installation of an antenna or tower on such lot.
(2)
Lot size. For purposes of determining whether the
installation of a tower or antenna complies with district development
regulations, including but not limited to setback requirements, lot
coverage requirements and other such requirements, the dimensions
of the entire lot shall control, even though the antennas or towers
may be located on leased parcels within such lot.
(3)
Inventory of existing sites. Each applicant for an
antenna and/or tower shall provide to the Code Official an inventory
of its existing towers, antennas or sites approved for towers or antennas
that are either within the jurisdiction of the Village or within one
mile of the border thereof, including specific information about the
location, height and design of each tower. The Code Official may share
such information with other applicants applying for administrative
approvals or special use permits under this section or other organizations
seeking to locate antennas within the jurisdiction of the Village;
provided, however, that the Code Official is not, by sharing such
information, in any way representing or warranting that such sites
are available or suitable.
(4)
Aesthetics. Towers and antennas shall meet the following
requirements:
(a)
Towers shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
a neutral color so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings
and related structures shall, to the extent possible, use materials,
colors, textures, screening and landscaping that will blend them into
the natural setting and surrounding buildings.
(c)
If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
(5)
Lighting. Towers shall not be artificially lighted,
unless required by the FAA or other applicable authority. If lighting
is required, the lighting alternatives and design chosen must cause
the least disturbance to the surrounding views.
(6)
State or federal requirements. All towers must meet
or exceed current standards and regulations of the FAA, the FCC and
any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, then the owners of the towers and antennas governed by
this section shall bring such towers and antennas into compliance
with such revised standards and regulations within six months of the
effective date of such standards and regulations, unless a different
compliance schedule is mandated by the controlling state or federal
agency. Failure to bring towers and antennas into compliance with
such revised standards and regulations shall constitute grounds for
the removal of the tower or antenna at the owner's expense.
(7)
Building codes; safety standards. To ensure the structural
integrity of towers, the owner of a tower shall ensure that it is
maintained in compliance with standards contained in applicable state
or local building codes and the applicable standards for towers that
are published by the Electronic Industries Association, as amended
from time to time. If, upon inspection, the Code Official concludes
that a tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then, upon notice being provided
to the owner of the tower, the owner shall have 30 days to bring such
tower into compliance with such standards. Failure to bring such tower
into compliance within said 30 days shall constitute grounds for the
removal of the tower or antenna at the owner's expense.
(8)
Measurement. For purposes of measurement, tower setbacks
and separation distances shall be calculated and applied to facilities
located in the Village irrespective of municipal and county jurisdictional
boundaries.
(9)
Nonessential services. Towers and antennas shall be
regulated and permitted pursuant to this section and shall not be
regulated or permitted as essential services, public utilities or
private utilities.
(10)
Franchises. Owners and/or operators of towers
or antennas shall certify that all franchises required by law for
the construction and/or operation of a wireless communication system
in the Village have been obtained and shall file a copy of all required
franchises with the Code Official.
(11)
Public notice. For purposes of this section,
any special use request, variance request or appeal of an administratively
approved use or special use shall require public notice to all abutting
property owners and all property owners of properties that are located
within the corresponding separation distance listed in Subsection
G(2)(e)[1][b], Table 1, in addition to any notice otherwise required
by the Village Code for such applications.
(12)
Signs. No signs shall be allowed on an antenna
or tower.
(13)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection H of this section.
(14)
Multiple antenna/tower plan. The Village encourages
the users of towers and antennas to submit a single application for
approval of multiple towers and/or antenna sites. Applications for
approval of multiple sites shall be given priority in the review process.
E.
F.
Administratively approved uses.
(1)
General. The following provisions shall govern the
issuance of administrative approvals for towers and antennas:
(b)
Each applicant for administrative approval shall apply to the Code Official by providing the information set forth in Subsection G(2)(a) and (c) of this section and a nonrefundable fee as established by resolution of the Board of Trustees to reimburse the Village for the costs of reviewing the application.
(d)
The Code Official shall respond to each such
application within 60 days after receiving it by either approving
or denying the application. If the Code Official fails to respond
to the applicant within said 60 days, then the application shall be
deemed to be approved.
(f)
In connection with any such administrative approval,
the Code Official may, in order to encourage the use of monopoles,
administratively allow the reconstruction of an existing tower to
monopole construction.
(2)
List of administratively approved uses. The following
uses may be approved by the Code Official after conducting an administrative
review:
(a)
Locating a tower or antenna, including the placement
of additional buildings or other supporting equipment used in connection
with said tower or antenna, in any nonresidential district, provided
that such tower or antenna is located at least 90 feet from any property
used for residential purposes.
(b)
Locating antennas on lawful existing structures or towers consistent with the terms of Subsections F(2)(b)[1] and [2] below.
[1]
Antennas on existing structures. Any antenna
which is not attached to a tower may be approved by the Code Official
as an accessory use to any commercial, industrial, professional, institutional
or multifamily structure of eight or more dwelling units, provided
that:
[a]
The antenna does not extend more
than 30 feet above the highest point of the structure.
[b]
The antenna complies with all applicable
FCC and FAA regulations.
[c]
The antenna complies with all applicable
building codes.
[d]
The antenna is located at least
90 feet from any other property used for residential purposes.
[2]
Antennas on existing towers. An antenna which
is attached to an existing tower may be approved by the Code Official
and, to minimize adverse visual impacts associated with the proliferation
and clustering of towers, collocation of antennas by more than one
carrier on existing towers shall take precedence over the construction
of new towers, provided that such collocation is accomplished in a
manner consistent with the following:
[a]
A tower which is modified or reconstructed
to accommodate the collocation of an additional antenna shall be of
the same tower type as the existing tower, unless the Code Official
allows reconstruction as a monopole.
[b]
Height.
(c)
Locating any alternative tower structure in a nonresidential zoning district that in the judgment of the Code Official is in conformity with the goals set forth in Subsection A of this section.
(d)
Installing a cable microcell network through
the use of multiple low-powered transmitters/receivers attached to
existing wireline systems, such as conventional cable or telephone
wires, or similar technology that does not require the use of towers.
G.
Special use permits.
(1)
General. The following provisions shall govern the
issuance of special use permits for towers or antennas by the Board
of Trustees.
(a)
If the tower or antenna is not a permitted use under Subsection E of this section or permitted to be approved administratively pursuant to Subsection F of this section, then a special use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
(b)
Applications for special use permits under Subsection G shall be subject to the procedures and requirements of this chapter generally applicable to special use permit applications, except as modified in this subsection.
(c)
In granting a special use permit, the Board
of Trustees may impose conditions to the extent that the Board of
Trustees concludes such conditions are necessary to minimize any adverse
effect of the proposed tower on adjoining properties.
(d)
Any information of an engineering nature that
the applicant submits, whether civil, mechanical or electrical, shall
be certified by a licensed professional engineer.
(2)
Towers.
(a)
Information required. In addition to any information
required for applications for special use permits pursuant to this
chapter, applicants for a special use permit for a tower shall submit
the following information:
[1]
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), zoning classification of the site and all properties within the applicable separation distances set forth in Subsection G(2)(e), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Code Official to be necessary to assess compliance with this section.
[2]
Legal description of the parent tract and leased
parcel (if applicable).
[3]
The setback distance between the proposed tower
and the nearest residential unit, platted residentially zoned properties
and unplatted residentially zoned properties.
[4]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
[5]
A landscape plan showing specific landscape
materials.
[6]
Method of fencing, finished color and, if applicable,
the method of camouflage and illumination.
[8]
A notarized statement by the applicant as to
whether construction of the tower will accommodate collocation of
additional antennas for future users.
[9]
Identification of the entities providing the
backhaul network for the tower(s) described in the application and
other cellular sites owned or operated by the applicant in the municipality.
[10]
A description of the suitability of the use
of existing towers, other structures or alternative technology not
requiring the use of towers or structures to provide the services
to be provided through the use of the proposed new tower.
[11]
A description of the feasible location(s) of
future towers or antennas within the Village based upon existing physical,
engineering, technological or geographical limitations in the event
that the proposed tower is erected.
(b)
Factors considered in granting special use permits
for towers. In addition to any standards for consideration of special
use permit applications pursuant to this chapter, the Board of Trustees
shall consider the following factors in determining whether to issue
a special use permit, although the Board of Trustees may waive or
reduce the burden on the applicant of one or more of these criteria
if the Board of Trustees concludes that the goals of this section
are better served thereby:
[1]
Height of the proposed tower.
[2]
Proximity of the tower to residential structures
and residential district boundaries.
[3]
Nature of uses on adjacent and nearby properties.
[4]
Surrounding topography.
[5]
Surrounding tree coverage and foliage.
[6]
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness.
[7]
Proposed ingress and egress.
(c)
Availability of suitable existing towers, other
structures or alternative technology. No new tower shall be permitted
unless the applicant demonstrates to the reasonable satisfaction of
the Board of Trustees that no existing tower, structure or alternative
technology that does not require the use of towers or structures can
accommodate the applicant's proposed antenna. An applicant shall submit
information requested by the Board of Trustees related to the availability
of suitable existing towers, other structures or alternative technology.
Evidence submitted to demonstrate that no existing tower, structure
or alternative technology can accommodate the applicant's proposed
antenna may consist of any of the following:
[1]
No existing towers or structures are located
within the geographic area which meet the applicant's engineering
requirements.
[2]
Existing towers or structures are not of sufficient
height to meet the applicant's engineering requirements.
[3]
Existing towers or structures do not have sufficient
structural strength to support the applicant's proposed antenna and
related equipment.
[4]
The applicant's proposed antenna would cause
electromagnetic interference with the antenna on the existing towers
or structures, or the antenna on the existing towers or structures
would cause interference with the applicant's proposed antenna.
[5]
The fees, costs or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are unreasonable.
Costs exceeding new tower development are presumed to be unreasonable.
[6]
The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
[7]
The applicant demonstrates that an alternative
technology that does not require the use of towers or structures,
such as a cable microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
(d)
Setbacks. The following setback requirements
shall apply to all towers for which a special use permit is required;
provided, however, that the Board of Trustees may reduce the standard
setback requirements if the goals of this section would be better
served thereby:
(e)
Separation. The following separation requirements
shall apply to all towers and antennas for which a special use permit
is required; provided, however, that the Board of Trustees may reduce
the standard separation requirements if the goals of this section
would be better served thereby.
[1]
Separation from off-site uses/designated areas.
[a]
Tower separation shall be measured
from the base of the tower to the lot line of the off-site uses and/or
designated areas as specified in Table 1, except as otherwise provided
in Table 1.
[b]
Separation requirements for towers
shall comply with the minimum standards established in Table 1.
|
Table 1
| ||
|---|---|---|
|
Off-Site Use/Designated Area
|
Separation Distance
| |
|
Single-family or two-family residential units
|
200 feet or 300% height of tower, whichever
is greater
| |
|
Vacant residentially zoned land
|
200 feet or 300% height of tower,1 whichever is greater
| |
|
Multifamily residential units
|
100 feet or 100% height of tower, whichever
is greater
| |
|
Nonresidentially zoned lands or nonresidential
uses
|
None; only setbacks apply
| |
|
NOTES:
| ||
|
1Separation
measured from base of tower to closest building setback line.
| ||
[2]
Separation distances between towers. Separation
distances between towers shall be applicable for and measured between
the proposed tower and preexisting towers. The separation distances
shall be measured by drawing or following a straight line between
the base of the existing tower and the proposed base, pursuant to
a site plan, of the proposed tower. The separation distances (listed
in linear feet) shall be as shown in Table 2.
|
Table 2
| ||||
|---|---|---|---|---|
|
Separation Distances Between Existing
Towers and Proposed Towers
| ||||
|
Type of Tower
|
Lattice
|
Guyed
|
Monopole 75 Ft in Height or Greater
|
Monopole Less Than 75 Ft in Height
|
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
|
|
Monopole 75 Ft in height or greater
|
1,500
|
1,500
|
1,500
|
750
|
|
Monopole less than 75 Ft in height
|
750
|
750
|
750
|
750
|
(f)
Security fencing. Towers shall be enclosed by
security fencing not less than six feet in height and shall also be
equipped with an appropriate anti-climbing device; provided, however,
that the Board of Trustees may waive such requirements, as it deems
appropriate.
(g)
Landscaping. The following requirements shall
govern the landscaping surrounding towers for which a special use
permit is required; provided, however, that the Board of Trustees
may waive such requirements if the goals of this section would be
better served thereby.
[1]
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screens the view of the
tower compound from property used for residences. The standard buffer
shall consist of a landscaped strip at least four feet wide outside
the perimeter of the compound.
[2]
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced
or waived.
[3]
Existing mature tree growth and natural land
forms on the site shall be preserved to the maximum extent possible.
In some cases, such as towers sited on large, wooded lots, natural
growth around the property perimeter may be sufficient buffer.
H.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops. The equipment
cabinet or structure used in association with antennas shall comply
with the following:
(a)
The cabinet or structure shall not contain more
than 300 square feet of gross floor area or be more than 15 feet in
height. In addition, for buildings and structures which are less than
65 feet in height, the related unmanned equipment structure, if over
200 square feet of gross floor area or eight feet in height, shall
be located on the ground and shall not be located on the roof of the
structure.
(b)
If the equipment structure is located on the
roof of a building, the area of the equipment structure and other
equipment and structures shall not occupy more than 15% of the roof
area.
(c)
Equipment storage buildings or cabinets shall
comply with all applicable building codes.
(2)
Antennas mounted on utility poles or light poles.
The equipment cabinet or structure used in association with antennas
shall be located in accordance with the following:
(a)
In residential districts, the equipment cabinet
or structure may be located:
[1]
In a front or side yard, provided that the cabinet
or structure is no greater than 10 feet in height or 300 square feet
of gross floor area and the cabinet/structure is located a minimum
of 20 feet from all lot lines. The cabinet/structure shall be screened
by an evergreen hedge with an ultimate height of at least 48 inches
and a planted height of at least 36 inches.
[2]
In a rear yard, provided that the cabinet or
structure is no greater than 15 feet in height or 300 square feet
in gross floor area. The cabinet/structure shall be screened by an
evergreen hedge with an ultimate height of at least eight feet and
a planted height of at least 36 inches.
(b)
In commercial or industrial districts the equipment
cabinet or structure shall be no greater than 15 feet in height or
600 square feet in gross floor area. The structure or cabinet shall
be screened by an evergreen hedge with an ultimate height of at least
eight feet and a planted height of at least 36 inches. In all other
instances, structures or cabinets shall be screened from view of all
residential properties which abut or are directly across the street
from the structure or cabinet by a solid fence eight feet in height
or an evergreen hedge with an ultimate height of at least eight feet
and a planted height of at least 36 inches.
(3)
Antennas located on towers. The related unmanned equipment
structure shall not contain more than 600 square feet of gross floor
area or be more than 15 feet in height and shall be located in accordance
with the minimum yard requirements of the zoning district in which
located.
I.
Removal of abandoned antennas and towers. Any antenna
or tower that is not operated for a continuous period of six months
shall be considered abandoned, and the owner of such antenna or tower
shall remove the same within 90 days of receipt of a notice from the
Village notifying the owner of such abandonment. Failure to remove
an abandoned antenna or tower within said 90 days shall be grounds
to remove the tower or antenna at the owner's expense. If there are
two or more users of a single tower, then this provision shall not
become effective until all users cease using the tower.
J.
Nonconforming uses.
(1)
Not expansion of nonconforming use. Towers that are
constructed, and antennas that are installed, in accordance with the
provisions of this section shall not be deemed to constitute the expansion
of a nonconforming use or structure.
(2)
Preexisting towers. Preexisting towers lawfully constructed
shall be allowed to continue as they presently exist. Routine maintenance
(including replacement with a new tower of like construction and height)
shall be permitted on such preexisting towers. New construction other
than routine maintenance on a preexisting tower shall comply with
the requirements of this section.
(3)
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding the provisions of Subsection I, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in Subsection G(2)(d) and (e). The type, height and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection I.
[Added 11-14-2002 by L.L. No. 2-2002]
A.
In order to achieve the maximum floor area ratio hereinbefore established in Code §§ 230-6I, 230-7I, 230-8I, 230-9I, 230-10I and 230-11I for a single-family dwelling, certain valuable architectural features must be incorporated in the dwelling. These architectural features are set forth in Subsection B below, and each of these features is assigned a floor area ratio value. The floor area ratio for a single-family dwelling (the base floor area ratio) shall be the maximum floor area ratio hereinbefore established less the reduction in floor area ratio set forth in Subsection C hereof. For each valuable architectural feature incorporated in the dwelling, the value assigned to that feature in Subsection B shall be added to the base floor area ratio, to an amount not exceeding the maximum floor area ratio hereinbefore established for the dwelling.
B.
Architectural features and floor area ratio values.
|
Architectural Feature
|
Floor Area Ratio Value
| |
|---|---|---|
|
Peaked roof on 80% of the building area of the
dwelling
|
0.03
| |
|
Peaked roof on one-story portions of the dwelling
|
0.02
| |
|
Minimum of two bay windows, each having a framed
area of at least 16 square feet
|
0.02
| |
|
Open porch, which will remain unenclosed, on
the front of the dwelling having a minimum depth of five feet six
inches and a length which covers at least 65% of the length of the
front facade of the dwelling (excluding the garage and vestibule)
|
0.03
| |
|
Projecting vestibule
|
0.02
| |
|
Attached garage which is set back at least 10
feet from the front line of the dwelling
|
0.02
|
C.
Districts and total reduction in floor area ratio.
|
District
|
Total Reduction in Floor Area Ratio
| |
|---|---|---|
|
Residence AA
|
0.03
| |
|
Residence A
|
0.05
| |
|
Residence B
|
0.06
| |
|
Residence BB
|
0.06
| |
|
Residence BC
|
0.06
| |
|
Residence C
|
0.07
|
D.
In order to encourage the retention and upgrading of single-family dwellings which were built prior to 1950 and which have not been altered subsequently so as to increase the floor area of said dwelling, the provisions of Subsections A, B and C of this section shall not be applied in the event of a proposed alteration and/or addition to said dwelling, provided that the Building Department of the Village shall certify, in writing, that:
[Added 11-14-2002 by L.L. No. 2-2002]
With respect to a single-family dwelling:
A.
No horizontal plane of a front or side facade shall
extend for more than 30 feet without a change or break in said plane
of at least 1.5 feet. A projecting chimney which is less than five
feet in width at eight feet above the finished grade or which is facing
the front yard shall not be considered a change or break in a plane.
The minimum length of each plane shall be five feet.
B.
No more than 75% of a two-story front or side facade
shall be made in one vertical plane; the balance of said facade shall
follow a vertical plane which is separated from the former plane by
at least 1.5 feet. A projecting chimney which is less than five feet
in width at eight feet above the finished grade or which is facing
the front yard shall not be considered a separation. The minimum length
of each plane shall be five feet.
C.
At least 10% of each plane of each facade shall be
comprised of fenestration (windows and/or doors).
D.
As determined by the Architectural Review Board, exterior
building materials such as stucco, brick, siding, etc., and architectural
detailing shall be consistent on all four elevations of the structure.
There may be more than one type of material or architectural detailing
on each elevation so long as all four elevations are consistent with
one another.
E.
No part of any street-front-facing garage shall be
below the grade at the curb adjacent to the property.
F.
At least 80% of the roof surface shall qualify as
a pitched roof by being a minimum of six inches in vertical rise for
every 12 inches of horizontal distance (6:12).
[Added 11-14-2002 by L.L. No. 2-2002]
The maximum permitted horizontal area covered
by buildings, accessory buildings, patios, pavement, swimming pools
and other impervious surfaces on a lot shall be computed in accordance
with the following table; provided, however, that in no event shall
more than 25% of any front yard be comprised of impervious surfaces:
|
Maximum Permitted
Impervious Surface
| ||
|---|---|---|
|
Lot Area
(square feet)
|
For Base Lot Area
(square feet)1
|
For Lot Area Over Base Lot Area1
|
|
0 to 4,000
|
0
|
45%
|
|
4,001 to 6,000
|
2,200
|
25%
|
|
6,001 to 12,000
|
2,900
|
17%
|
|
12,001 to 16,000
|
4,520
|
16%
|
|
16,001 to 20,000
|
5,560
|
15
|
|
20,001 to 30,000
|
6,560
|
14%
|
|
30,001 to 40,000
|
8,960
|
13%
|
|
40,001 and larger
|
11,260
|
12%
|
|
1 NOTE: "Base lot
area" is the minimum end of the lot size range in the "Lot Area" column.
|
