[Added 8-9-1994 by L.L. No. 2-1994]
Where a site located in an R-3 District has received authorization for incentive zoning or bonuses, as provided in §
215-12 of this Code, the following provisions shall be applicable notwithstanding any other provision of §
215-33:
A. When located in the common area of a site, the following
accessory uses or structures shall be permitted, upon the issuance
of an appropriate building permit, without any requirement for approval
by the Board of Appeals or Planning Board, provided that the same
otherwise comply with the provisions of this Code, including any provisions
as to location or dimensions of such structures or uses:
(1) Fences, gates, walls, swimming pools, outdoor tennis
courts, kiddy pools, hot tubs, lap pools, gazebos, reflective ponds,
children's play equipment, children's sandboxes, paddle tennis courts
and trellises.
No land or building shall be used or occupied
in any manner so as to create dangerous, injurious, noxious, hazardous
or otherwise objectionable fire, explosive, radioactive or other unsafe
or unhealthy conditions; noise or vibration, smoke, dust, odor or
other form of air pollution; electrical or other disturbances; glare
or heat; liquid or solid refuse or wastes; conditions conducive to
the breeding of rodents or insects or other dangerous or objectionable
elements in an amount or manner as to adversely affect the surrounding
area. All uses of land shall conform to the limitations set forth
below and to all applicable laws and regulations of the State of New
York and the County of Nassau relating to air pollution, smoke, dust
and fumes. The Code Enforcement Officer shall have the authority to
issue the certifications required hereby.
A. Vibration. No vibration shall be produced which is
transmitted through the ground and is discernible without the aid
of instruments at or at any point beyond the lot line; nor shall any
vibration produced exceed 1.002 "g" peak measured at or beyond the
lot line using either seismic or electronic vibration measuring equipment.
Any use that has the potential of creating a vibration shall furnish
certifications and data by a professional engineer as to its negative
impact before certification is issued.
B. Noise.
(1) All noise shall be muffled so as to be not objectionable
due to intermittence, beat, frequency or shrillness. In no event shall
the sound-pressure level of noise radiated continuously from a facility
at nighttime exceed at the lot line the values given in Table I (set
out hereafter) in any octave band of frequency. However, where the
lot line adjoins or lies within 25 feet of the boundary of a residence
district, the sound-pressure levels of noise radiated at nighttime
shall not exceed at the lot line the values given in Table II (set
out hereafter) in any octave band of frequency. The sound-pressure
level shall be measured with a sound-level meter and an octave band
analyzer that conform to specifications published by the American
Standards Association.
(2) Any use that has the potential of creating any noise
shall furnish certification and data by a professional engineer as
to its negative impact before a certificate is issued.
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TABLE I
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Maximum permissible sound-pressure levels
at the lot line for noise radiated continuously from a facility between
the hours of 9:00 p.m. and 7:00 a.m.
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Frequency Band Cycles per Second
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Sound-Pressure Level Decibels re 0.0002
Dyne/Cm2
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20 - 75
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69
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75 - 150
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60
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150 - 300
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56
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300 - 600
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51
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600 - 1,200
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42
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1,200 - 2,400
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40
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2,400 - 4,800
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38
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4,800 - 10,000
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35
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If the noise is not smooth and continuous and
is not radiated between the hours of 9:00 p.m. and 7:00 a.m., one
or more of the corrections in Table III shall be added to or subtracted
from each of the decibel levels given above in Table I.
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TABLE II
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Maximum permissible sound-pressure levels
at a lot line
for noise radiated continuously from a
facility between the
hours of 9:00 p.m. and 7:00 a.m. where
the lot line adjoins
or lies within 25 feet of the boundary
of a residence district.
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Frequency Band Cycles per Second
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Sound-Pressure Level Decibels re 0.0002
Dyne/Cm2
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20 - 75
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65
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75 - 150
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50
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150 - 300
|
43
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300 - 600
|
38
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600 - 1,200
|
33
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1,200 - 2,400
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30
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2,400 - 4,800
|
28
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4,800 - 10,000
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26
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If the noise is not smooth and continuous and
is not radiated between the hours 9:00 p.m. and 7:00 a.m., one or
more of the corrections in Table III which follows shall be added
to or subtracted from each of the decibel levels given above in Table
II.
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TABLE III
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Type of Operation in Character of Noise
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Correction
in Decibels
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Daytime operation only
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+5
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Noise source operates less than 20% of any one-hour
period
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+5
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Noise source operates less than 5% of any one-hour
period
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+5*
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Noise source operates less than 1% of any one-hour
period
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+15*
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Noise of impulsive character (hammering, etc.)
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-5
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Noise of periodic character (hum, screech, etc.)
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-5
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*
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Apply one of these corrections only.
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C. Odors.
(1) There shall not be discharged or permitted to escape
into the atmosphere odors which shall be offensive to the public or
which endanger public comfort, repose, health or safety.
(2) The intensity of offensive odors shall be determined at the property line adjacent to the source in the manner described in Air Pollution Abatement Manual, Chapter
5, Table III, Manufacturing Chemists Association, Washington, D.C., 1951. Any use that has the potential of creating any odor shall furnish certification and data by a professional engineer as to its negative impact before a certificate is issued.
D. Electromagnetic radiation.
(1) It shall be unlawful to operate any equipment which
as a source of electromagnetic radiation does not comply with the
pertinent current Rules and Regulations of the Federal Communications
Commission or any pertinent laws or regulations of the State of New
York or the County of Nassau.
(2) If, in the opinion of the Code Enforcement Officer, any equipment
is believed to be a potential hazard or nuisance due to electromagnetic
radiation, then such equipment shall not be operated without his approval
unless the Board of Appeals shall determine that no hazard or nuisance
does in effect exist as a result of the operation of said equipment.
[Amended 9-18-2019 by L.L. No. 3-2019]
(3) All certifications regarding radiation shall indicate
the measurements and the interpretation of the field strengths. Certifications
shall be made by a qualified professional engineer.
E. Fire and explosion. All activities involving and all
storage of flammable and explosive materials at any place shall be
provided with adequate safety and fire-fighting devices required by
the Fire Prevention Code of the Village and/or the Nassau County Fire
Marshal's office. Any use that has the potential of creating any fire
or explosion shall furnish data and certification by a professional
engineer as to its negative impact.
F. Radioactive materials. The handling of radioactive
materials, the discharge of such materials into air and water and
the disposal of radioactive wastes shall be in conformance with the
applicable regulations of the Nuclear Regulatory Commission, as from
time to time amended, and all applicable laws and regulations of the
Village of North Hills. Any use that has the potential of creating
radiation shall furnish data and certification by a professional engineer
as to its negative impact.
G. Heat. For the purposes of this chapter, "heat" is
defined as thermal energy of a radioactive, conductive or convective
nature from high-temperature processes, such as combustion or welding
or otherwise, so as to be in excess of 10° at the lot line. There
shall be no emission or transmission of heat or heated air discernible
at the lot line. Any use that has the potential of creating any heat
shall furnish data and certification by a professional engineer as
to its negative impact before a permit is issued.
H. Glare.
(1) Direct glare. "Direct glare" is defined, for the purpose
of this chapter, as illumination beyond property lines caused by direct
or specularly reflected rays from incandescent, fluorescent or arc
lighting or from such high-temperature processes as welding or petroleum
or metallurgical refining. No such direct glare shall be permitted,
with the exception that parking areas and walkways may be illuminated
by luminaires so hooded or shielded that the maximum angle of the
cone of direct illumination shall be 60° drawn perpendicular to
the ground, with the exception that such angle may be increased to
90° if the luminary is less than four feet above the ground. Such
luminaires shall be placed not more than 16 feet above ground level
and the maximum illumination at ground level shall not be in excess
of three footcandles. All lighting shall require a permit from the
Zoning Board.
(2) Indirect glare. "Indirect glare" is defined, for the
purpose of this chapter, as illumination beyond property lines caused
by diffuse reflection from a surface such as a wall or roof of a structure.
Indirect glare shall not exceed that value which is produced by an
illumination of the reflecting surface not to exceed 0.3 footcandles
(maximum) and 0.1 footcandle (average). Deliberately induced sky-reflected
glare, as by casting a beam upward for advertising purposes, is specifically
prohibited. All lighting shall require a permit from the Board of
Appeals.
[Amended 9-18-2019 by L.L. No. 3-2019]
I. Fuel storage. All fuel oil storage tanks or containers
shall be connected exclusively to oil-burning equipment for use in
a structure on the premises. All fuel storage tanks located outdoors
above ground level and all enclosed fuel storage tanks having a capacity
in excess of 1,100 gallons shall require a permit from the Board of
Appeals and the Nassau County Fire Marshal.
[Amended 3-23-1983 by L.L. No. 5-1983; 9-18-2019 by L.L. No. 3-2019]
J. Nonradioactive liquid or solid wastes. There shall
be no discharge at any point into any public or private sewage disposal
system or stream or into the ground of any liquid or solid materials
except in accordance with applicable regulations of Nassau County.
All uses having any such discharge must furnish certification by the
County Health Department as to their composition and condition.
K. Trash, garbage and debris. All trash, garbage and
debris areas shall be suitably screened so as not to be objectionable
to neighboring uses. All trash, garbage and debris shall be periodically
removed to avoid accumulation. Any use that has the potential of generating
any such trash, garbage or debris shall furnish certification by a
suitable collector that a periodic pickup will be implemented. All
collection bins shall be identified conspicuously with the name and
telephone number of the owner.
[Amended 10-27-1982 by L.L. No. 14-1982; 3-23-1983 by L.L. No. 7-1983; 10-24-1984 by L.L.
No. 13-1984; 10-28-1998 by L.L. No. 4-1998; 9-18-2019 by L.L. No. 3-2019]
No signs, posters, banners, billboards or other advertising
displays, if otherwise permitted, shall be erected or maintained within
the Village unless they conform to the following regulations and restrictions,
and unless a permit for the same has been obtained from the Code Enforcement
Officer or Board of Appeals.
A. In all districts.
(1) One nameplate containing the name of the occupant
of any dwelling shall be permitted, the face of which shall not exceed
two square feet. No permit shall be required for such a nameplate.
(2) One sign of the contractor, architect, landscape architect
or engineer shall be permitted in any building in the course of construction,
the face of which sign shall not exceed 24 square feet.
(3) One sign, with interior illumination not exceeding
15 watts, identifying spiritual places, institutional agencies, educational
institutions or governmental agencies shall be permitted, the face
of which sign shall not exceed 16 square feet.
(4) One sign encompassing professional nameplates bearing
the name and profession of the resident, not exceeding two square
feet in area, which may be illuminated by an electric lamp, not exceeding
15 watts of power, contained within the sign. In nonresidential districts,
professional office buildings having two or more occupants may display
only one such wall or ground sign, containing the names of all occupants.
(5) One residential subdivision sign at each entrance
of an approved subdivision, identifying the name of the subdivision.
Such sign may consist of a display of content on one face or a display
of content on two faces, each generally facing opposite directions,
or a display of content on two separated sign faces with substantially
identical content display, located on opposing sides of the entrance
and generally facing opposite directions. Such sign shall be located
on the property of the subdivision not less than five feet from the
boundary of the property bordering a public right-of-way. No face
of a permitted sign shall exceed 50 square feet in area. No such sign
may be illuminated with illumination exceeding 600 watts. Each sign
permitted by this subsection shall be approved by the Architectural
Review Board in the manner provided by this Code for actions by such
Board.
(6) One or more signs for traffic control, or other warning
or informational signs, if installed by governmental authority or
if installed in accordance with regulations of the New York State
Department of Motor Vehicles or Department of Transportation. No permit
shall be required for such signs.
(7) One or more danger signs, warning of the condition
or danger of travel on a street, may be erected and maintained for
a period of 30 days, provided that such sign exceeds two square feet
in area and does not exceed 12 square feet in area.
(8) One sign advertising the sale or rental of dwelling
units and/or dwelling plots in an approved subdivision, provided that
such sign is set back from any property line not less than five feet
and provided further that the face area of such sign does not exceed
50 square feet.
B. In Residential Districts, the following signs may
be permitted only by special permit from the Board of Appeals:
(1) One or more temporary signs, posters or banners relating
to public, religious, patriotic or other special events.
C. In Commercial Districts, the following exterior signs
may be permitted only by special permit from the Board of Appeals.
(1) Wall signs attached and parallel to the principal
building, advertising the business and/or naming the occupants of
such building, provided:
(a)
No more than one sign shall be permitted on
each wall facing a public street or parking area accessory to such
building.
(b)
The sign on a wall facing a public street shall
not exceed three feet in vertical measurement, and in no case shall
such sign exceed 24 square feet.
(c)
The sign on a wall facing a parking area shall
not exceed two feet in vertical measurement, and in no case shall
such exceed 12 square feet.
(d)
No portion of a sign shall extend beyond the
wall or roof of the building.
(e)
Neither a sign nor any device accessory thereto
shall project more than one foot from a wall.
(f)
No sign may be higher than the distance between
the head of the windows of one story and the lower sill course of
the windows of the next higher story, or the top of the parapet wall
if a one-story building, and in no event shall the top of the sign
be higher than 18 feet above the mean level of the ground.
(g)
Each such sign shall be maintained in a good
state of repair, in working order and neatly painted. All projecting
lighting devices, including reflectors and all parts thereof, shall
be painted aluminum on the outside.
(h)
The provisions of this subsection shall not
prohibit a sign projecting not more than one foot from the wall of
any building and not more than one square foot in area used to indicate
the location on the premises of a public telephone or other public
utility facility for the use of the general public.
(2) One detached or ground sign advertising commercial
use on the same property, the face of which does not exceed 24 square
feet, with height not exceeding 15 feet above grade, set back not
less than 10 feet from the property or street line and with open space
of not less than three feet between ground and base of sign. The area
around and between the sign and front property line shall be maintained
free from debris.
D. In Commercial Districts, the following exterior signs
are permitted:
(1) During the course of construction of a new building
not more than two signs, each not to exceed 24 square feet in area,
facing a public street, advertising the nature of the proposed use,
name or names of the general contractor, architect, financing institution
and/or prospective tenants of the premises. Each such sign shall be
removed within one week after the issuance of a certificate of occupancy
or the completion of construction, whichever first occurs.
E. The following signs are prohibited in all districts:
(2) Signs painted on walls or roofs of buildings.
(3) Signs made of cloth or other perishable materials.
(4) Signs or banners extending across streets.
(5) Billboards or poster panels for hire.
(6) Signs advertising or drawing attention to a business,
service or commodity conducted, sold or offered elsewhere than at
the property on which sign is situated.
(7) Signs attached to trees, fences or utility poles.
(8) Signs which direct, emit, radiate or reflect any beam,
ray, gleam or glare of light away from the lot on which such sign
is located.
(9) Signs which might be confused as a traffic control
sign or which might interfere with the vision or discernment of any
traffic sign or which might cause danger to public travel.
(10)
Signs with flashing, changing, intermittent
or varying illumination.
(11)
Rotating or moving signs.
(12)
Any signs, display or advertising devices not
classified in this Code as permitted.