[Amended 7-25-1988 by L.L. No. 2-1988; 11-27-1989 by L.L. No.
24-1989; 1-16-1990 by L.L. No. 1-1990; 1-9-2001 by L.L. No. 1-2001]
A.
The areas occupied by all buildings and structures
and accessory uses which extend above the grade of the property shall
not exceed the following percentage of the lot area in the indicated
district:
B.
The maximum permitted impervious site coverage shall
be calculated based upon the following table:
|
Maximum Permitted Impervious Coverage
| ||
|---|---|---|
|
Lot Area
(square feet)
|
For Base Lot Area
(square feet)1
|
For Lot Area Over Base Lot Area
(percent)
|
|
0 to 4,000
|
0
|
55%
|
|
4,001 to 6,000
|
2,200
|
35%
|
|
6,001 to 12,000
|
2,900
|
27%
|
|
12,001 to 16,000
|
4,520
|
26%
|
|
16,001 to 20,000
|
5,560
|
25%
|
|
20,001 to 30,000
|
6,560
|
24%
|
|
30,001 to 40,000
|
8,960
|
23%
|
|
40,001 and larger
|
11,260
|
22%
|
|
NOTE:
|
|---|
|
1 "Base lot area"
is the minimum end of the lot area range in the "Lot Area" column.
|
C.
Where the area of all lawful buildings, structures, uses or impervious site coverage exceeds the maximum area permitted to be occupied pursuant to Subsection A or B of this section, none of such buildings, structures, uses or impervious site coverage shall thereafter be altered or enlarged in height, depth or width.
D.
The following shall be considered accessory uses,
buildings or structures for the purposes of this section; tennis courts
or similar facilities, paddle tennis courts, swimming pools, garages,
greenhouses, playhouses, garden houses, toolhouses. stables, barns,
solar energy collectors and studios and television, radio or other
reception facilities located on the ground. For the purposes of this
section, a deck having a maximum height less than three feet above
the finished grade, determined as the finished grade without retaining
walls or other nonnatural support, shall not be considered to extend
above the grade, and a deck having a maximum height of three or more
feet above the finished grade, determined as the finished grade without
retaining walls or other nonnatural support, shall be considered to
extend above the grade.
E.
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 shall be
located not closer than 1/3 of the side yard and rear yard dimensions
applicable in the district in which the lot is located. Accessory
buildings and structures are not permitted in a front yard.
[Amended 7-24-2006 by L.L. No. 3-2006]
|
E.1.
|
No person shall construct, locate or maintain
any accessory structure (other than a garage or a basketball backboard,
hoop and stanchion) in a side yard or rear yard in a location where
the structure is substantially visible from any public street adjoining
the property on which such structure is located, unless the structure
is screened from view by the use of fencing (where otherwise permitted
by this Code) or by landscaping approved by the Code Official.
[Added 1-10-2005 by L.L. No. 1-2005] |
F.
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:
(1)
Accessory buildings and structures permitted under
this section shall comply with the front, rear and side yard requirements
specified for the district in which the lot is located and shall be
limited in height to a maximum of 18 feet, measured to the highest
point of the building or structure.
(2)
The ground floor of an individual accessory building
or structure permitted under this section shall not exceed 5% of the
area of the lot on which the accessory building or structure is located.
(3)
The construction of accessory buildings or structures
over 2,000 square feet in ground floor area shall not be permitted
without a permit from the Zoning Board of Appeals.
G.
Private recreational courts. Notwithstanding any other
provision of this chapter, a recreational court with an impervious
hard and/or prepared surface, such as, but not limited to, tennis
courts, volleyball courts, and basketball courts, shall be permitted
as accessory to a single-family residential use, with a special permit
from the Board of Appeals, provided that the location of the court
complies with all applicable setback requirements, all applicable
lot coverage requirements, and the other provisions of this chapter.
In addition to the foregoing conditions, a private recreational court
shall comply with the following requirements:
[Amended 7-28-2003 by L.L. No. 2-2003]
(1)
The lot or premises upon which the court or facility
is located shall have a minimum area of 40,000 square feet.
(2)
The maximum lot coverage of a court or other such
facility and any structure accessory thereto, including impervious
surfaces, shall not exceed 8,000 square feet in the aggregate.
(3)
(Reserved)
(4)
(Reserved)
(5)
No private recreational court or facility may be constructed,
maintained or used within the Village for rent, lease or any commercial
purpose.
(6)
Construction and maintenance of platform or deck tennis
courts or facilities is prohibited on private residential properties
within the Village.
(7)
No private recreational court, including the fence
enclosing it, shall be built or maintained in a front yard nor within
20 feet of a rear or side lot line.
(8)
All private recreational courts shall be completely
enclosed with a chain link fence, which shall be constructed and maintained
in accordance with the following specifications, so long as the court
remains in existence:
(a)
Height: not less than 10 feet nor more than
12 feet above the playing surface.
(b)
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.
(c)
End and comer posts: 2 1/2 inches ID galvanized
pipe with a wall thickness of 0.203 of an inch.
(d)
Line posts: two inches ID galvanized pipe with
a wall thickness of 0.154 of an inch.
(e)
Horizontal lines: three horizontal rails running
between the vertical posts situated at the top, center and bottom
of the chain link fabric. These rails shall be 1 1/4 inches ID
galvanized pipe having a wall thickness of 0.14 of an inch.
(f)
Distance between posts: not more than 10 feet.
(9)
All private recreational courts and the fencing surrounding
them shall be completely screened from adjoining properties by a living
screen of coniferous trees. Said trees shall be at least four 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.
(10)
The height of the playing surface of the private
recreational court shall not be above the existing mean level of the
ground immediately surrounding the court area in its natural state
prior to construction of the court.
(11)
No private recreational court shall be constructed
or maintained so as to permit any drainage water to flow onto adjacent
properties or public streets.
(12)
(Reserved)
(13)
No sound equipment may be installed or used
in connection with any private recreational court or the use thereof.
If so permitted by the Board of Appeals, such court may be lit, provided
that no such lighting shall cast light or reflected light onto adjacent
property. Unless otherwise permitted by the Board of Appeals, no such
court shall be used or operated except between the hours of 9:00 a.m.
and dusk on the same day.
(14)
Building permits and certificates of occupancy
for private recreational courts must be obtained from the Building
Inspector in accordance with the provisions of the Building Code of
the Village of Woodsburgh.
[Added 9-25-2006 by L.L. No. 4-2006]
A.
No owner or occupant of property in the Village, and
no other person, shall engage in or permit any of the following activities
to occur or take place in the front yard of any property in the Village:
(1)
Installation, placement or maintenance of a
barbecue, or other cooking facility or equipment, whether permanent
or portable;
(2)
Installation, placement or maintenance of tables,
including picnic tables or other similar facilities, whether permanent
or portable;
(3)
Installation, placement or maintenance of any
tent, or other similar structure or enclosure, whether permanent or
temporary in nature;
(4)
Cooking, or consumption of food or drink by
more than three persons.
B.
Notwithstanding the foregoing, any one or more of
the foregoing activities may be conducted on a temporary basis with
a permit from the Board of Trustees (which may be granted without
a public hearing) in the case of a special event, provided that no
such permit shall be valid for more than 10 consecutive days, and
no such permit shall be granted more often than once per year for
any property. For the purposes of this section only, in the case of
a corner lot, the term "front yard" shall mean the yard in front of
that portion of the dwelling where the front door of the dwelling
is located.
[Added 11-15-2021 by L.L. No. 5-2021]
In any instance where a decision of a board or the Building
Department requires the planting of bushes, hedges or other plantings,
such plantings shall be:
A.
Planted and maintained at a minimum height of four feet;
B.
Evergreen;
C.
Of a size, species and location approved by the Building Department;
D.
Planted using the best current, commercial practices for successful
planting; and
E.
Compliant with any other reasonable requirements of the Building
Department.
[Added 7-24-2023 by L.L. No. 2-2023]
No building or part of a building shall be erected
in or shall project into a rear yard, front yard or side yard, with
the following exceptions:
A.
Cornices, eaves, gutters, chimneys or flues projecting
not more than 18 inches or windowsills, belt courses or other ornamental
features projecting not more than four inches.
B.
In any district, one-story bay windows projecting
not more than 18 inches.
[Amended 4-16-1960]
D.
Accessory buildings other than private garages may
be erected within the rear yard, provided that no such accessory building
shall have a height of more than 18 feet, and it shall further comply
with all rear, front and side yard regulations applicable to the residence
district in which the accessory building is located.
[Amended 4-16-1960]
In the case of a lot situated partly in 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; and 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.
Building zone districts include all ponds, streams
and waterways adjacent thereto, whether or not so designated upon
the Building Zone Map, including lands under water and lands hereafter
formed by filling accretion, emergence, avulsion or otherwise. In
case a pond, stream or waterway, as shown on said map, forms the boundary
between two or more districts of the same class, the district shall
be considered as continuous. In case a pond, stream or waterway, as
shown on said map, forms the boundary between two or more districts
of different classes, each district shall be deemed to extend to the
center of the pond or the thread of the stream or waterway, as the
case may be.
Nothing herein contained shall require any change
in the plans of buildings, construction of which has proceeded above
the level of the cellar throughout 50% or more of its area at the
time of the passage of this chapter and the construction of which
shall be diligently prosecuted within a year of the date of the passage
hereof and the ground-story framework of which, including the second
tier of beams, shall be completed within such year and which entire
building shall have been completed within two years of the date of
the passage of this chapter.
[Added 6-17-1992 by L.L. No. 4-1992]
A.
LEGAL NONCONFORMING STRUCTURE
LEGAL NONCONFORMING USE
As used in this section, the following terms shall
have the meanings indicated:
Any building or structure in the Village of Woodsburgh which
was lawful at the time of its construction and which has continued
in existence and use to and including the date of adoption for any
zoning regulations of the village and which would not be permitted
to be constructed or used pursuant to any such zoning regulations.
A use of property in the Village of Woodsburgh which was
lawful at the time of its commencement and which has continued to
and including the date of adoption of any zoning regulations of the
village and which would not be permitted to commence under any such
zoning regulations.
B.
Any legal nonconforming use or legal nonconforming
structure in the Village of Woodsburgh may continue to exist and to
be used and maintained. Notwithstanding the foregoing, no such structure
shall be altered, enlarged or otherwise reconstructed or replaced
except in conformity with the laws of the Village of Woodsburgh in
effect at the time of such alteration, enlargement, reconstruction
or replacement Notwithstanding the foregoing, no such use may be altered,
enlarged, located, relocated or otherwise moved or transferred to
any part of property on which such use was not in existence or use
at the time of enactment of any zoning law of the Village of Woodsburgh
which made such use a legal nonconforming use.
C.
No use or structure in the village may be used or
occupied or maintained for any purpose unless said use or structure
conforms to the village laws or is a legal nonconforming use or structure.
D.
In the event that any legal nonconforming use or legal
nonconforming structure is abandoned or such use or structure is not
used or occupied or continued for a period of 12 consecutive months,
the legal nonconforming status of such use or structure shall be deemed
to have been abandoned, and thereafter such use or structure shall
not be used or occupied except in conformity with the then-existing
laws of the village.
Nothing in this chapter shall prevent the restoration of a building destroyed by fire, explosion, act of God or act of a public enemy, to the extent of not more than 50% of its value, or prevent the continuance of the use of such building or part thereof as such use existed at the time of such destruction in such building or part thereof or prevent a change of such existing use under the limitation provided by § 150-46B, but any building destroyed in the manner aforesaid to an extent exceeding 50% of its value at the time of such destruction may be reconstructed and thereafter used only in such manner as to conform to all the provisions of this chapter. Nothing in this chapter shall prevent the restoration of a wall declared unsafe.
For the purpose of computing the building area,
the size of the lot, the rear yards, front yards and side yards, any
proposed street or streets shown on any official map or plan of the
village or any amendment or modification thereof now or hereafter
duly adopted by the Planning Board or Planning Commission or Board
of Trustees of the Village of Woodsburgh, Inc., 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 dedication of any such street or streets or
any part thereof, the Board of Trustees may, in its resolution accepting
such dedication, provide that the area of the street or part thereof
so dedicated 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 dedicated
formed a part.
[Amended 9-8-1949; 1-14-1952]
A.
No apartment house shall be used or altered and no
application shall be made for a building permit to alter an apartment
house which shall have or be designated to have:
(1)
An exterior clothesline or clothespole or other device
for drying or airing clothes, laundry, bedding or draperies.
(2)
Any side or rear wall or facade of a design or appearance
or color substantially differing from that of the front wall or facade.
(3)
An exposed water tank.
(4)
An exposed shed or structure for the housing of elevator
or other machinery.
B.
No apartment house shall be altered or used and no
application shall be made for a building permit for the alteration
of an apartment house unless:
(1)
The exterior design and appearance thereof shall be
in harmony with the apartment houses, if any, previously constructed
or authorized to be constructed upon the lot or lots adjacent thereto.
(2)
The plans and specifications thereof shall have been
examined and approved as to type, design and exterior appearance and
unless the plans and specifications for the disposal of sewage from
such apartment house shall have been previously examined and approved
as to type, design and adequacy by an architect or engineer appointed
for the purpose by the Board of Trustees of the Village of Woodsburgh,
Inc. The approval or disapproval of such architect or engineer shall
be final and binding for all purposes unless reversed or modified
on appeal by the Board of Appeals.
(3)
The sewage from such apartment house shall be conveyed
to and a connection made with a street sewer or a combined street
stormwater drain and sewer.
[Amended 1-20-1958; 10-17-1977 by L.L. No. 5-1977]
A.
SWIMMING POOL OR POOL
Definitions. As used in this section, the following
terms shall have the meanings indicated:
[Amended 9-24-1984 by L.L. No. 3-1984; 11-25-1991 by L.L. No.
3-1991]
Any water-filled enclosure, permanently constructed or portable,
having a depth of more than 18 inches below the level of the surrounding
land or an above-surface pool having a depth of more than 30 inches
designed, used and maintained for swimming and bathing. A hot tub,
jacuzzi tub, whirlpool tub or other type of outdoor bathing tub shall
not be considered a swimming pool.
B.
No swimming pool shall be constructed or erected unless
a permit for the same shall have been issued by the Board of Appeals
of the Village of Woodsburgh. An application for such permit shall
be accompanied by plot, site and building plans of such pool showing
dimensions, design, location and use of all structures, equipment,
drainage, sanitary filtration, water supply and disposal facilities,
fencing, covering of pool and such other information as may be required
by said Board.
[Amended 1-9-1992 by L.L. No. 2-1992; 11-26-2002 by L.L. No.
2-2002]
C.
No swimming pool in a residential area shall be constructed
or maintained above the ground or upon any deck or platform.
D.
Notwithstanding any other provisions contained in
the Building Zone Ordinance of the Village of Woodsburgh, every swimming
pool hereafter constructed, modified or altered shall be enclosed
by a fence of such type as may be approved by the Building Inspector
of the Village of Woodsburgh, which conforms to all applicable legal
requirements, and which does not exceed the minimum height required
by law for such fences. Said fence is to be properly screened with
shrubs and plants located outside the fence, and such fence shall
be located at least four feet from the pool.
[Amended 1-9-2006 by L.L. No. 1-2006]
E.
Every swimming pool or hot tub heretofore or hereafter
constructed or maintained shall be completely drained when not in
regular use or shall be covered by a cover of such construction as
to sustain the weight of an average adult individual. The cover is
to be properly and securely anchored around the perimeter of the pool
or hot tub.
[Added 9-24-1984 by L.L. No. 3-1984]
F.
Should the owner abandon a swimming pool, he/she shall
fill in or remove the excavation or depression and restore the surface
of the ground to its original grade and approximately the same condition
as before the pool was installed, and he/she shall further notify
the Building Inspector of the village of the abandonment so that an
inspection of the site may be made.
H.
No swimming pool shall be built or maintained except
in a rear yard as defined by the Building Zone Ordinance of the village.
The pool, including the fences surrounding it and the foundation for
the purifying apparatus, if any, shall be located not less than 25
feet from the rear lot line and not less than 25 feet from the side
property lines of the premises or, in the case of a corner lot, not
less than 25 feet from any property line along an abutting street.
I.
For the purpose of computing the building area, the
fence along the side of a swimming pool, the base for the spring-board
or diving platform and the foundation for the purifying apparatus,
if any, shall be included.
[Amended 9-19-1988 by L.L. No. 5-1988]
J.
The bacterial standards established by the provisions
of the New York State Sanitary Code relating to public swimming pools
shall be maintained either by chemical treatment or filtration.
K.
No permission shall be granted for the installation
of any swimming pool until the owner of the premises has filed a certification
by a professional engineer licensed by the State of New York that
the drainage of such pool is adequate and will not interfere with
the public water supply system, with existing sanitary facilities
or with public highways. Plans and specifications must be submitted
by a professional engineer or registered architect licensed by the
State of New York, and a fee as set by resolution of the Board of
Trustees from time to time must be paid to the Clerk of the village
at the time of filing plans. The fee to be paid upon each annual renewal
shall be as set by resolution of the Board of Trustees from time to
time.[2]
[Amended 12-11-1989 by L.L. No. 25-1989]
[2]
Editor's Note: The fees provided for in this
section are included on the schedule of fees on file in the office
of the Village Clerk.
L.
All gates, latches, locks, pumps, plumbing, piping
and any and all other parts of and accessories to a swimming pool
within the village shall be continuously maintained in good order
and proper repair. The Building Inspector shall be empowered to enforce
the regulations herein set forth and to compel the removal of any
swimming pool that fails to meet the requirements of this chapter.
M.
The pool or any auxiliary apparatus or equipment or
other device used in connection therewith shall be used in such a
manner as not to cause disturbance or annoyance to other residents
of the village. No loudspeaker devices shall be permitted to be used
on or near the pool or in connection with the use of the pool. The
pool shall be lighted by underwater lighting only, and the balance
of the pool area shall be lighted only with nonglaring lights.
[Amended 2-29-1960; 5-15-1989 by L.L. No. 16-1989]
In addition to the regulations and requirements
elsewhere contained in the laws of the Village of Woodsburgh, all
churches and other places of worship, schools and structures accessory
thereto hereafter erected or altered shall comply with the following
requirements, and no lot or premises on which such a use is situated
shall be used except in compliance with such requirements:
A.
Height. No such building or use, except a building
devoted exclusively to public worship, shall have a height of more
than two stories or 30 feet above the curb level of the lot.
B.
Building area. No such building, together with its
accessory structures, shall occupy in the aggregate more than 25%
of the area of the lot.
C.
Size of lot. No such building or use shall be permitted
on a lot having an area of less than 80,000 square feet.
D.
Rear yard. Every such building shall have a rear yard
of a minimum depth of 50 feet. No accessory structure shall be built
in the rear yard closer than 50 feet to the rear property line.
E.
Front yards. Every such building shall have a front
yard of a minimum depth of 75 feet. No accessory structure or use
is permitted in the front yard.
F.
Side yards. The side yard of every such building shall
have a minimum width of 50 feet. No accessory structure is permitted
in the side yard.
G.
Minimum street frontage. No such building or use shall
be permitted on a lot having a street frontage of less than 150 feet.
In the case of a lot adjoining more than one street, the frontage
on each street shall be not less than 150 feet.
[Added 12-12-1964]
A.
No building shall be hereafter erected, altered or
added to for use as a place of worship or as a school or for purposes
incidental thereto unless off-street parking on the premises shall
be provided for to the extent of the greater of either:
(1)
Not less than one parking space for each five permanent
seats in such building or for each part of the total area within such
building or structure as is or may be made available for five permanent
or temporary seats; or
(2)
Two hundred square feet for each 100 square feet of
floor area in the building.
B.
FLOOR AREA
PARKING SPACE
As used in this section, the following terms shall
have the meanings indicated:
The number of square feet of all used or usable floors, regardless
of the number of stories, and including floors below grade. In computing
the off-street parking area above set forth, driveways within the
same and approaches thereto shall not be taken into consideration
in computing such area.
An off-street paved or surfaced space available and usable
for the parking of one motor vehicle, having dimensions of not less
than 10 feet by 20 feet, exclusive of passageways, aisles, driveways
and other required space appurtenant thereto and giving access thereto
and having direct access to a street.
C.
Said off-street parking area shall be constructed
with not less than four inches of crushed rock compacted or other
suitable material as approved by the Village Engineer and penetrated
with asphalt material not less than two inches bituminous wearing
course compacted.
D.
Each parking area must be provided with adequate facility
for drainage. Such drainage shall not drain into village roads or
village draining system but shall be self-contained and constructed
in a manner to be approved by the Village Engineer.
E.
In no case shall any parking space required by this
section be located in the front yard or in the required setback areas
of the side and rear yards as defined in the Building Zone Ordinance.
F.
All parking spaces required by this section shall
be maintained in good condition and have adequate means of ingress
and egress as approved by the Building Inspector of the Village of
Woodsburgh.
G.
Notwithstanding any other provisions contained in
the Building Zone Ordinance of the Village of Woodsburgh, every parking
area heretofore or hereafter constructed or maintained shall be enclosed
with a good quality solid sapling fence, six feet in height, with
the finished side facing the property lines and entirely enclosing
the parking area, with the exception of the parts used for ingress
and egress. Said fence is to be properly landscaped and screened with
shrubs and plants to be situated on the outside of the fence.
A.
No fence or wall shall hereafter be erected or installed
in the Village unless and until a permit for the same has been issued
by the Building Official. No permit shall be issued for the erection
of any fence or wall unless a survey, drawings and specifications
shall first have been approved by the Building Official. No permit
shall be required for the repair or replacement of a lawfully existing
fence, or any portion thereof, where the repair or replacement is
in kind, without the addition of new materials and without the extension,
alteration or expansion of the fence or any part thereof, so long
as the repair or replacement does not exceed 50% of the existing surface
area of the fence.
[Amended 9-27-2004 by L.L. No. 3-2004]
B.
Except as otherwise provided by law with respect to
a fence erected or installed in connection with a swimming pool, no
fence or wall in excess of four feet in height, as measured from the
natural grade adjacent to such fence or wall, shall be permitted.
This provision shall not apply to the repair or replacement in kind
of an existing fence or wall, provided that the height of such existing
fence or wall is not increased.
C.
No fence or wall shall be erected or installed within
five feet of a front property line. Where a fence, or any portion
thereof, is otherwise permitted to be located in a front yard, the
portion of the fence which is located generally parallel to the front
property line shall not exceed 50% of the linear dimension of the
front property line(s).
[Amended 11-22-2004 by L.L. No. 4-2004]
D.
All fences and walls shall be made of first-class
materials and shall be constructed and installed in the best workmanlike
manner known to the trade. All fences and walls shall be sturdy, plumb,
level and true. Fences may be constructed of wood, masonry, metals,
PVC plastic, or combinations thereof, or such other materials as may
be satisfactory to the Board of Trustees (which determination may
be made without a public hearing). All metal fences shall have a protective
coating, and those fences of a style or type of construction known
as "chain link" or "cyclone" shall comply with the specifications
of the Chain Link Manufacturers' Institute. All wood fences shall
have wood posts spaced not more than 12 feet apart. That portion of
any fence, or its support structure, embedded in the ground shall
be either of nonrotting materials or shall be treated in a manner
to prevent or minimize rotting. Horizontal rails shall be securely
fastened to the posts and shall be of sufficient strength to span
the distance between the posts. Masonry fences or walls shall be set
on a concrete footing at a depth not less than 18 inches into the
ground.
[Amended 6-25-2001 by L.L. No. 3-2001[2]]
[2]
Editor's Note: With the adoption of this local
law, the Board of Trustees passed a resolution stating that the purpose
of this legislation is to permit a wider variety of materials to be
used for fences and to require that open fences constructed of chain
link have adequate exterior landscaping to the end that unsightly
appearance may be eliminated or mitigated.
E.
All fences shall be properly maintained, and all gates
and latches shall be maintained in good working order.
F.
All fences shall be constructed so that the finished
side shall face the adjoining premises, or the street, as the case
may be. In addition, all fences of any type deemed by the Building
Official to be other than an "open fence" (except that such term shall
not include a chain-link fence) shall be located a distance from the
property line sufficient to permit appropriate landscaping to be placed
and maintained on the property of the applicant, and between the fence
and the property line, to screen the view of the fence from off the
property on which it is located. The plan for such required landscaping
shall be submitted to the Building Official with the permit application,
and the installation and continued maintenance of such landscaping
shall be a condition of any permit issued for such fence, whether
or not stated in such permit. Where an applicant for a permit can
demonstrate to the Building Official that it is impractical to install
or maintain such landscaping by reason of the proximity of an existing
fence on an adjoining property, the Building Official may issue a
permit for erection or installation of the fence without requiring
the installation and maintenance of landscaping, provided, however,
that any such permit shall in such event be issued on the condition,
whether or not expressly stated in the permit, that in the event that
the fence on the adjoining property is removed, or ceases to exist
as a functional fence, the permit applicant, or the successor in interest
of such applicant, will install and maintain appropriate screen landscaping
as approved or directed by the Building Official.
[Amended 6-25-2001 by L.L. No. 3-2001][3]
G.
Chain-link
or cyclone fencing shall not be permitted in any location where such
fencing is visible from the public right-of-way or any private property
on which the fencing is not located.
[Added 11-15-2021 by L.L. No. 4-2021]
[1]
Editor's Note: According to this local law,
its purpose is to add regulations regarding fences that are not of
an open design. The Board of Trustees intends to regulate the setback
of such fences so that landscaping can and must be installed and maintained
to screen the view of the fence from adjoining properties, except
in cases in which the fence faces another fence on an adjoining property
making it impractical or unfeasible to install and maintain landscaping
between the fences.
[Added 3-25-1996 by L.L. No. 3-1996]
A.
Definition. As used in this chapter, the term "sign"
shall mean and refer to any object, device, display or structure,
or part thereof, situated outdoors or indoors, which is used on a
temporary or permanent basis to advertise, identify, display, direct
or attract attention to an object, person, institution, organization,
business, product, service, event or location by any means, including
words, letters, figures, design, symbols, movement, sound, fixtures,
colors, illumination or projected images. The term "sign" shall also
include any text, symbol, lights, marks, letters or figures painted
or otherwise displayed on or incorporated in the composition of the
exterior facing of a building or structure. The term "sign" shall
not include a national or state flag having a surface area on any
side not in excess of 20 square feet nor any object, device, display
or structure, or part thereof, erected or installed by lawful direction
of a governmental entity or agency.
B.
No sign shall be erected or maintained on any building
or premises in the Village of Woodsburgh, except as follows:
(1)
Not more than one real estate sign, advertising
the sale or rental of the premises on which such sign is maintained.
(2)
Not more than one sign for the purposes of identifying
the name, address, occupant and permitted nonresidential use of the
premises on which such sign is located, which sign shall not have
a vertical dimension or horizontal dimension greater than one foot.
(3)
Signs promoting or opposing the candidacy of
any person for public office or expressing a point of view concerning
a public issue or an election. Such signs may be displayed or maintained
for no more than 45 days within any four-month period, unless a permit
is obtained from the Board of Trustees. Any such permit may be granted
by said Board subject to reasonable restrictions and conditions as
to the size, location, time and duration, place and manner of display
of such signs.
(4)
Not more than three signs indicating that the
subject premises are protected by a security system, or security service,
provided that no such sign shall exceed one square foot in area.
(5)
Such other signs as the village is required
by law to permit, provided that no such sign shall be erected, constructed
or maintained without the prior permission of the Board of Trustees.
Such permission may be granted subject to reasonable restrictions
and conditions as to the size, location, time and duration, place
and manner of display of such signs.
C.
Notwithstanding any other provision of this section,
no sign shall be erected or maintained on any building or premises
to advertise any commercial or business activity or enterprise which
is not conducted at such premises. This prohibition shall include
the indication or display of the name, address or telephone number,
or other identifying information, as to or about any person, firm
or entity having a role or interest with respect to any construction
or repair work, or other similar activity, which is, will be or has
been conducted on the premises, if such person, firm or entity does
not have a lawful regular place of business at the premises.
D.
Except as otherwise provided in this section:
(1)
The total area of all signs permitted on any
premises shall not exceed six square feet.
(2)
The area of any individual sign shall not exceed
three square feet.
(3)
No sign shall be located in a side or rear yard.
Notwithstanding any other provision of this chapter, a sign permitted
by this section may be located in a front yard, provided that such
sign is located at least 15 feet from every property boundary line.
(4)
No sign shall be illuminated nor contain any
moving parts nor emit any sound audible beyond the boundaries of the
property on which it is located.
(5)
No part of any sign or its support structure
shall exceed six feet in height above the unaltered grade of the ground
adjacent to such sign.
[Added 6-25-2001 by L.L. No. 2-2001[1]]
Notwithstanding any other provision of this
chapter, no air conditioning unit or equipment shall be located in
a front yard, or within 15 feet of a property line in the side yard
or rear yard of any property; provided, however, that where the minimum
required side or rear yard setback for any property is 18 feet or
less, no such unit or equipment shall be located closer to the property
line than 4.5 feet less than the required minimum setback. No air-conditioning
compressor unit or similar equipment may be installed or relocated
on or after the effective date of this section unless the unit or
equipment is sufficiently screened from neighboring properties by
natural plantings, of a species, height and separation approved by
the Code Official, or other appropriate barrier approved by the Code
Official, for that purpose and to reduce the noise effect of such
unit or equipment neighboring property, and such natural plantings
or barrier shall be maintained in good condition at all times so long
as such unit or equipment remains on the property.
[1]
Editor's Note: With the adoption of this local
law, the Board of Trustees passed a resolution stating that the purpose
of this legislation is to enact minimum setback requirements for adequate
screening for such equipment, to the end that noise and unsightly
appearance may be eliminated or mitigated.
[Added 1-17-1989 by L.L. No. 1-1989;
amended 3-23-1998 by L.L. No. 1-1998]
A.
Purpose. The purpose of this section is to establish
general guidelines for the siting of wireless communications towers
and antennas. The goals of this section are to protect residential
areas and land uses from potential adverse impacts of towers and antennas;
encourage the location of towers in nonresidential areas; minimize
the total number of towers throughout the community; strongly encourage
the joint use of new and existing tower sites as a primary option
rather than construction of additional single-use towers; 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;
enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently; consider the public health and safety of communication
towers; and avoid potential damage to adjacent properties from tower
failure through engineering and careful siting of tower structures.
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 40 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 and satellite reception only
antennas. Notwithstanding any other provision of this section, 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, and 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, 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.
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 Building 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 Building 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 Building 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 Building 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)
Not essential 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 Building 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)[2], Table 2, 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.
Permitted uses.
(1)
General. The uses listed in this subsection as permitted
uses shall not require any approval from the village.
F.
Administratively approved uses.
(1)
General. The following provisions shall govern the
issuance of administrative approvals for towers and antennas.
(a)
The Building Official may administratively approve
the uses listed in this subsection.
(b)
Each applicant for administrative approval shall apply to the Building 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 Building Official shall respond to each
such application within 60 days after receiving it by either approving
or denying the application. If the Building 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 Building 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 Building 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 a residential district, provided that
said antenna or tower complies with all applicable yard and setback
requirements, and is for the exclusive use of the owner or residential
occupant of the property.
(b)
(Reserved)
(c)
(Reserved)
(d)
(Reserved)
(e)
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 from the Board of Trustees 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 this
subsection 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 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.
(e)
An applicant for a special use permit shall
submit the information described in this subsection and a nonrefundable
fee as established by resolution of the Board of Trustees to reimburse
the village for the costs of reviewing the application.
(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 Building 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, and all adjoining 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 and 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 locations 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]
The height of the proposed tower.
[2]
The proximity of the tower to residential structures
and residential district boundaries.
[3]
The nature of uses on adjacent and nearby properties.
[4]
The surrounding topography.
[5]
The surrounding tree coverage and foliage.
[6]
The design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness.
[7]
The 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 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
|
|
NOTE:
|
|---|
|
1 Separation 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
| ||||
|---|---|---|---|---|
|
Existing Towers - Types
| ||||
|
Lattice
|
Guyed
|
Monopole 75 feet in Height or Greater
|
Monopole Less Than 75 feet in Height
| |
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
|
|
Monopole 75 feet in height or greater
|
1,500
|
1,500
|
1,500
|
750
|
|
Monopole less than 75 feet 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 10 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 three feet in height or six 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 three feet in height or six 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 any nonresidential district the equipment
cabinet or structure shall be no greater than six feet in height or
12 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 six 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 60 square feet of gross floor
area or be more than five 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 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 which were
legally established shall be allowed to continue their usage 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 Subsections 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.
No public garage or automobile service station
shall be permitted in any district.
[Added 2-26-2007 by L.L. No. 1-2007]
A.
STORAGE CONTAINER
Definitions. As used in this section, the following
terms shall have the indicated meaning except where the context clearly
demonstrates otherwise:
Any container located outdoors on a residential property,
and which is used or intended to be used for the purpose of storing
or keeping household goods and other personal property. The term "storage
container" as used in this section shall not include a shed or garage.
B.
Prohibition. No person or entity shall locate, or
permit to be located, any storage container on any property in the
Village without a permit as authorized by this section.
C.
Permit required; regulations. Upon proper written
application pursuant to this section, the Building Inspector may issue
a permit for a storage container, subject to the conditions set forth
in this section.
(1)
The form of such application shall be established
by the Building Department.
(2)
Such application shall be accompanied by payment
of a fee in an amount determined from time to time by resolution of
the Board of Trustees.
(3)
A permit for a storage container may be granted
only in the event there is existing and in effect at all times during
the period the storage container is on the property a valid building
permit with respect to improvements to a one- or two-family dwelling
located on the same property.
(4)
No more than one storage container shall be
permitted on the property at one time, and such storage container
shall not occupy a ground area in excess of 120 square feet, nor be
more than eight feet in height.
(5)
Any authorized storage container shall be set
back not less than five feet from the side and rear property lines
and from any structures on the property. A storage container located
in the front yard shall be set back not less than 10 feet from the
front property line.
(6)
In determining whether to grant a permit for
a storage container, the Building Inspector shall consider the rights
and interests of owners and occupants of adjoining properties, to
the end that such adjoining properties not be deprived or unduly limited
in light, air or reasonable use during the period of time that the
storage container is on any property.
(7)
The duration of any permit for a storage container
shall not exceed 60 days, except that upon written application and
payment of any additional fee as may be from time to time established
by the Board of Trustees, the Building Inspector may extend the duration
of such permit for an additional period of time not to exceed 30 days.
Further extensions of time shall be in the discretion of the Building
Inspector upon good cause shown.
(8)
Storage containers shall be removed from the
property no later than the date of permit expiration.
(9)
In granting or extending any permit pursuant
to this section, the Building Inspector may impose reasonable conditions
where such conditions are determined to be necessary to protect the
public health, safety or general welfare.
(10)
Any permit issued pursuant to this section may
be revoked by the Building Inspector if, after due investigation,
it is determined that the permit holder has violated any condition
of this section or of such permit, that the container is being maintained
in an unsafe condition, or that the container is a nuisance. Written
notice of such revocation shall be given either by personal delivery
to the permit holder or the owner of the property on which the container
is located, or by mailing such notice to such person or entity in
a sealed postage paid envelope addressed to the permit holder or the
property owner at the address indicated for such person or entity
in the records of the Building Department.
[Added 9-8-1949]
No private or public parking fields shall be
permitted in any district, except as a special exception by the Board
of Trustees of the Village of Woodsburgh.
[Amended 4-16-1960]
No private garage shall occupy more than 5%
of the area of the lot. Where more than one private garage is erected
on one lot, the combined area of all of such garages or groups of
garages shall not exceed 5% of the lot. No private garage shall be
permitted within a side yard or within a rear yard except under the
following conditions:
A.
In a residence district, when used as accessory to
a dwelling for not over one family or one housekeeping unit only,
a private garage may be constructed in a rear yard, provided that
no part thereof is nearer than four feet from the nearest property
line, except in the Residence A District, where the same shall not
be nearer than 15 feet from the nearest property line, and except
in the Residence 1A District, where the same shall not be nearer than
30 feet from the nearest property line, and except in the Residence
2A District, where the same shall not be nearer than 40 feet from
the nearest property line.
[Amended 11-27-1989 by L.L. No. 24-1989]
B.
In a Residence D District, when used as accessory
to a church, club, school or apartment house, if authorized as a special
exception by the Board of Appeals under conditions as to construction
below grade, filling and grading at the rear and sides thereof, landscaping
and the like which will avoid injury or annoyance to adjoining property
owners and under such other conditions as the Board of Appeals may
determine; provided, however, that no such garage accommodating more
than five motor vehicles or any part thereof shall be situated nearer
than 15 feet to the rear line or nearer than 10 feet to any side line,
and no such garage accommodating fewer than five motor vehicles or
any part thereof shall be situated nearer than four feet to the nearest
property line.
[Added 7-17-1942; amended 1-23-1945]
A.
No excavations other than for construction of walls,
buildings and parts thereof shall be commenced except in conformity
with the provisions of this chapter.
B.
Before any excavation for purposes other than the
construction of a wall, building or part thereof or for public use
is commenced and topsoil, earth, sand, gravel, rock or other substance
is removed from the ground, the owner or lessee of the premises or
agent of either shall obtain a written permit therefor and for that
purpose shall file with the Clerk of the Village at his office an
application, in duplicate, for a permit containing a detailed statement
of the proposed work and a plan setting forth in detail the extent
of the proposed excavation. Such statement and plan shall state and
show the exact condition of the plot and premises before and after
the proposed excavation.
C.
Every application for such permit shall be accompanied
by a building plan as drawn to scale, giving the location and dimensions
of the premises upon which it is proposed to excavate and the location
of any existing buildings, and also a sworn statement, in writing,
giving the full name and address of the owner of the premises.
D.
No such excavation shall be made within 10 feet of
any street line nor unless adequate barricades are erected and maintained
and adequate provisions made for the prevention of flying dust and
unless the excavation is immediately refilled with clean nonburnable
fill containing no garbage, refuse, offal or any deleterious or unwholesome
matter and dust-down or its equal is spread to prevent dust from flying
and such premises are graded to the level of the abutting highway
where such excavations are below street level; provided, further,
that, in the case of removal of topsoil, there shall be left at least
six inches of topsoil upon the surface from which the topsoil is removed,
and the area from which the topsoil is taken shall be immediately
reseeded with rye or other fast-growing vegetation until growth is
established.
E.
Before the issuance of a permit, the one to whom the
permit is to be issued shall execute and file with the Village Clerk
a bond, approved by the Board of Trustees of the Village of Woodsburgh
and in an amount to be fixed by said Board, but not less than $2,000,
with a surety company as surety and conditioned for the faithful performance
of all conditions contained in this section, the observance of all
municipal ordinances and to indemnify the Village of Woodsburgh or
any resident thereof for any damage to its or his property or person
respectively.
G.
Such permit shall expire by limitation 20 days from
the date of its issuance unless extended.
H.
Nothing contained in this section shall require a
person to obtain a permit to remove or prevent a person from removing
topsoil from one part of his lands to another part of the same premises
when such removal is necessary as an accessory use or is made for
the purpose of improving said property.
