No swimming pool, both under, on or above the
ground, shall be constructed or installed until a building permit
has first been issued by the Village Building Inspector upon payment
of the appropriate fee, nor shall any swimming pool be used or maintained
in any district except in accordance with the following provisions:
A. Every outdoor swimming pool having a depth of more
than 18 inches and an area of more than 100 square feet shall be enclosed
as follows:
(1) The swimming pool shall be completely surrounded by
a good quality, close-woven fence having openings of not more than
one inch, a vertical stockade fence with the smooth side to the outside
of the swimming pool area, or a chain link fence with openings of
not more than two inches and the barbs up. All such fences shall be
not less than four feet in height nor more than six feet and shall
be constructed in accordance with the requirements of the New York
State Uniform Fire Prevention and Building Code. A dwelling house
or accessory building may be used as part of such enclosure.
(2) All gates or doors opening through such enclosure
shall be equipped with a self-closing and self-latching device for
keeping the gate or door securely closed at all times when the owner
or occupant of the premises is not present at the swimming pool, except
that the door of any dwelling which forms a part of the enclosure
need not be so equipped.
(3) The Board of Appeals may make modifications in individual
cases, upon a showing of good cause, with respect to the height, nature
or location of the fence, gates or latches, or the necessity therefor,
provided the protection as sought hereunder is not reduced thereby.
The Board of Appeals may permit other protective devices or structures
to be used so long as the degree of protection afforded by the substitute
devices or structures is not less than the protection afforded by
the fence, gate and latch described herein.
B. No outdoor swimming pool shall be situated in the
required front yard. No outdoor pool shall be located less than 10
feet from any side or rear lot line. With respect to aboveground pools,
said distance shall be measured from the outer edge of any deck or
platform attached to the wall of the pool.
C. In the event that an owner shall abandon a permanent
outdoor swimming pool, he shall forthwith fill all voids and depressions
and restore the premises to the same grade and condition as before
the swimming pool was constructed, and shall accordingly notify the
Building Inspector when said restoration work has been completed.
D. No loudspeaker device which can be heard beyond the
lot lines of the premises in which any outdoor swimming pool is situated
may be operated in connection with such swimming pool, nor may lighting
be installed in connection therewith which shall throw rays beyond
such lot lines.
E. Every swimming pool presently constructed or installed
or hereinafter constructed or installed shall be maintained at all
times in such a manner as to never constitute a public nuisance, a
hazard or a menace to the health or safety of the public. Any such
hazard which may exist or develop in or in consequence of or in connection
with any such swimming pool shall be forthwith abated and/or removed
by the owner, tenant, lessee or person having jurisdiction of said
pool. Proper filtration system will be kept in working condition during
the pool season (May 1 to October 1). No standing unfiltered water
will be permitted and exposed to the outside environment. All swimming
pools will be fully covered and secured during off use seasons. All
pools not being used during the pool season will be covered. All standing
water which accumulates on top of a pool cover will be removed.
[Amended 2-4-1999 by L.L. No. 1-1999]
F. No current-carrying electrical conductors shall cross
an outdoor swimming pool, either overhead or underground, or within
15 feet of such pool. All metal enclosures, fences or railings near
or adjacent to an outdoor swimming pool which might become overhead
conductors or from any other cause shall be effectively grounded.
G. Outdoor swimming pools are permitted in all residence
districts as an accessory use to a dwelling for the private use of
the owner or occupant of such dwelling and his family and guests.
H. All swimming pools shall be considered permanent except
those which can be readily dismantled and stored.
I. During the course of construction of a below-ground
swimming pool, a temporary fence shall be erected as required by the
Building Department.
J. No water shall be put or caused to be put into an
outdoor swimming pool unless a fence as required by this chapter shall
have first been erected. The Building Department shall be notified
at least three days prior to the date when water is to be put into
an outdoor swimming pool in order to ascertain whether a fence as
required by this chapter has been erected.
Every part of a required yard shall be open
and unobstructed by any building or structure from its lowest point
upwards, except as follows:
A. Accessory buildings and structures may be located
in the rear yards in those districts in which they are specifically
permitted.
B. Awnings, sills, cornices, buttresses and eaves may
project not more than two feet over or into any required yard.
C. Walks, strips for negotiating ground slopes, retaining
walls, hedges and natural growth, fences, paved terraces and paved
areas which are not roofed over and are unenclosed except for an open
guardrail not over three feet in height, all accessory to and customarily
incidental to the principal use, are permitted in yards; provided,
however, that a strip four feet in width adjoining the lot shall be
unobstructed by any structure or feature that is higher than two feet
above the ground level, except a fence, hedge or natural growth or
retaining wall.
D. Entries and porticos. A roofed-over but unenclosed
projection in the nature of an entry or portico, not more than eight
feet wide and extending not more than five feet out from the front
wall of the building, shall be exempt from front yard requirements
when the building otherwise complies with the front yard restrictions
of this chapter.
[Amended 2-21-2002 by L.L. No. 1-2002]
E. Openwork fire balconies and fire escapes may extend
not more than five feet into a required yard.
F. Chimneys and flues may extend into a required yard
not more than two feet for a length not exceeding 10 feet.
Every corner lot and every through lot shall
have a front yard on each street. The depth of each front yard shall
be determined by the regulations applicable to the district in which
the said lot is located.
[Added 2-4-1999 by L.L. No. 1-1999]
A. Installation of exterior security gates prohibited.
The installation of security gates on the front exterior of commercial
storefronts, restaurants and offices, including both display windows
and entrance doors, shall be prohibited.
B. Presently existing exterior security gates.
(1) Any presently existing exterior security gates legally
installed prior to passage of this section shall be removed immediately
upon change of ownership of the premises where said security gate
exists or upon change of tenancy in the commercial premises where
said security gate exists, whichever occurs first.
(2) Any presently existing security gate which encroaches
on village property shall be removed by the owner or tenant of the
premises where the same is located immediately.
C. penalties. Any person or corporation or other entity
who violates any subsection of this section shall be punishable by
a fine not to exceed $250, however, if a notice of violation or a
summons has been issued to said person or corporation or other entity
notifying him or it of said violation, said person or corporation
or other entity shall be subject to a fine of up to $250 for each
day that said violation continues after issuance of the summons or
notice of violation, and each day of continued violation shall be
treated as a separate offense.
[Amended 7-7-1994 by L.L. No. 5-1994]
No lot shall be so reduced in area that any
required open space will be smaller than that prescribed in the regulations
for the district in which said lot is located.
No public garage shall be erected, altered or
used within the Village of Lake Grove.
On any corner lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be planted or maintained, which may cause danger to traffic on a street or road by obscuring or obstructing the clear view of the intersection. For a radius of 30 feet of the corner formed by any intersecting streets, such fence, hedge, shrubs or other growth shall not exceed 21/2 feet in height, measured from the center line of the existing elevation of the street adjoining such fence, as provided in §
175-7B(4) of this chapter.
[Amended 7-22-2004 by L.L. No. 4-2004]
No goods, wares, merchandise, produce, garden
or nursery products, or other materials, shall be displayed, sold
or stored in the required front, side, or rear yards of any district.
[Added 2-4-1999 by L.L. No. 1-1999;
amended 7-22-2004 by L.L. No. 4-2004]
A. No goods, wares, merchandise, garden or nursery stock, produce or other materials shall be displayed, stored or sold outside of any fully enclosed and roofed structure in any nonresidential district or nonconforming commercial property within a residential district, except that automobile dealers, as defined in Subsection
B below, may display automobiles for sale outside of a structure. Automobile dealers not existing at time of adoption of this section shall be subject to a one-time fee as set forth in the fee schedule of the Village of Lake Grove.
B. Definitions. As used in this section, the term "automobile
dealer" shall mean any licensed dealer who, wholly or in part, engages
in or operates the trade or business of buying, selling, storing,
trading, bartering or exchanging any type of automotive vehicles.
C. The storage of propane, gasoline, or other highly
flammable or explosive material, as determined by the Fire Marshal,
shall be prohibited in any commercial structure which abuts a residential
district.
D. Outdoor storage of propane, gasoline or other highly
flammable or explosive material shall be prohibited on any commercial
property.
E. The owner of real property and/or tenant and/or occupant
shall be responsible for any violation of this section. Violations
of this section shall be punishable as follows:
(3) Third and subsequent violations: $1,000 each.
F. Each day this section is violated shall be deemed
to be a separate violation.
Essential services as defined in this chapter
are permitted in all districts.
Public utility buildings or structures, other
than public business offices, garages or storage yards, shall be permitted
in any district when authorized by special permit from the Village
Board.
Any building, structure or premises erected,
altered or used for a municipal or governmental purpose shall be permitted
in any district when authorized by resolution of the Village Board,
subject to such conditions and safeguards as the Village Board may
deem appropriate, provided that the municipality or governmental authority
using such building, structure or premises shall be the fee owner
of such premises. This section shall not apply if a person other than
a municipality or governmental authority using such building, structure
or premises is the fee owner of such property.
A fee as set forth in the fee schedule of the Village of Lake Grove shall be paid with the filing of the application for the special permit as provided in §
175-112.
No building or structure or part of a building
or structure shall be erected or maintained at the end of a tap street.
All applications for building permits for buildings or structures
or parts of buildings or structures at the end of a tap street shall
be referred by the Building Inspector to the Planning Board for its
review. No application for a variance may be granted by the Board
of Appeals from the provisions of this section unless such application
has first been referred to and approved by the Planning Board. The
term "tap street" shall mean any dead-end street which may be extended
in the future.
All buildings or structures, commercial, business
or residential, of whatever classification, shall border upon and
have direct access to a street, road or highway having a minimum width
of 50 feet.