[Amended 5-20-2010 by L.L. No. 1-2010]
A.
Subdivision of plots. No plot or parcel of land shall be sold, divided
or set off in such a manner that either any portion sold, divided
or set off, or any portion remaining, shall fail to comply with the
minimum lot area, open space, yard and other requirements of this
chapter applicable to the zoning district in which such land is situated.
B.
Merger of lots.
(1)
Wherever two or more abutting lots are under common ownership, and
one or more thereof are legally nonconforming with respect to any
provision of this chapter applicable thereto, such lots shall be deemed
to have merged into a single lot to the extent required to establish
each such lot as a conforming lot, or to reduce the amount of nonconformity
with respect to any such abutting lots.
(2)
Wherever two or more abutting lots, including any abutting lots that
were the subject of Village of Bayville Local Law No. 11-1985 and
Local Law No. 12-1985, are used jointly for a single purpose, or otherwise
in such manner that any lot materially enhances the value or utility
of an abutting lot, or wherever an unimproved lot is used in conjunction
with an abutting improved lot, such abutting lots shall be deemed
merged to constitute a single lot.
(3)
Wherever an unimproved building lot abuts an improved building lot,
both of which are under common ownership and are legally nonconforming
with respect to any provision of this chapter applicable thereto,
such lots shall be deemed to have merged into a single lot.
(4)
With respect to any unimproved, nonconforming building lots that
were the subject of Village of Bayville Local Law No. 11-1985, and
which, pursuant thereto and to Local Law No. 12-1985, continue to
constitute buildable lots by satisfying the conditions contained in
said Local Law No. 11-1985 and Local Law No. 12-1985, any residence
constructed on any such unimproved, nonconforming building lot shall
satisfy all of the requirements of this chapter for the zoning district
in which such unimproved, nonconforming building lot is located, as
same may be amended from time to time, including, without limitation,
regulations pertaining to bulk and to detached garages, accessory
buildings and structures; provided, however, that those provisions
of this chapter relating to lot size, street frontage and lot width
for the zoning district in which such unimproved, nonconforming lot
is located shall not be applicable to such lot except to the extent
required under Local Law No. 11-1985 and Local Law No. 12-1985.
[Amended 2-11-2002 by L.L. No. 3-2002; 5-20-2010 by L.L. No.
1-2010]
A.
Determination of maximum height of buildings. For the purpose of
determining the maximum height of a building, the distance measured
from the average finished grade or existing natural undisturbed grade,
whichever is lower, shall be measured at the perimeter of the building
to the highest point of the roof, excluding chimneys.
B.
Minimum height requirement. For the purpose of determining the minimum
height requirement of a building, the height of a side wall of a building
shall not be less than seven feet six inches from finished floor to
finished ceiling, and the roof shall have a pitch of not less than
four inches per foot.
C.
Flat roofs are prohibited in all districts.
D.
Permitted projections or encroachments. Setbacks of buildings and
sizes of yards, wherever required in this chapter and except as otherwise
specifically provided herein, shall be the distance from the lot line
to the nearest exterior finished wall of the building, which shall
include the foundation wall of any attached garage, open or enclosed
porch, and all other projections, except that the following shall
be permitted, notwithstanding their encroachment into a minimum required
setback:
(1)
Window wells extending not more than four feet from the main foundation
wall, and unenclosed entrance steps extending not more than four feet
from the main foundation wall.
(2)
Chimneys that project into required side and rear yards by not more
than 24 inches, and that are not more than six feet in width.
(3)
Eaves, gutters or downspouts that project not more than 18 inches
into any yard.
(4)
Bay and bow windows that project not more than 24 inches into any
required front or rear yard; that are installed in a rough opening
not more than 10 feet in width, not higher than one story; that are
installed only on the first floor above grade; and for which window
sills shall be a minimum of 18 inches above the finished floor; provided,
however, that bay and bow windows, even if they satisfy each such
condition, shall not be permitted encroachments into any side yards.
(5)
Electrical
heating, ventilating or air conditioning (HVAC) units (only if screened
with dense evergreen plantings or solid fencing), and any other electrical
mechanical system, or surface water heating system, shall be permitted
to project no more than four feet into any side yard or six feet into
any rear yard, but not nearer than three feet from any property line.
[Added 8-22-2022 by L.L.
No. 3-2022[1]]
(6)
Internal
combustion generators (only if screened with dense evergreen plantings
or solid fencing) shall be permitted to project no more than eight
feet into a side or rear yard, but not nearer than six feet from any
property line.
[Added 8-22-2022 by L.L.
No. 3-2022]
(7)
To the extent that any building or structure lawfully encroaches
into a required minimum yard due to either the grant of a variance
with respect thereto granted by the Board of Appeals, or as a preexisting,
nonconforming building or structure, none of the foregoing encroachments
shall be permitted in such diminished yard unless a variance is granted
therefor by the Board of Appeals.
E.
Maximum height requirements. No new structure or building, or modification
to any existing structure or building, shall result in a structure
or building exceeding 2 1/2 stories, or 28 feet in height, as
measured from average ground level, measured at the perimeter of such
building or structure. The maximum measurement from the top of the
foundation to the underside of the eaves shall not exceed 20 feet.
F.
No building or structure shall contain fixed or permanent stairs
for accessing attic space. Only retractable, pull-down stairs shall
be permitted to access attic space in any building or structure.
G.
A greenhouse or utility shed may be erected in a rear yard, provided
that such shed or greenhouse does not exceed 120 square feet of floor
area, does not exceed nine feet in height, including any exposed portions
of the foundation above grade, and shall be located at least three
feet from any lot line, and at least 10 feet from the primary residence.
A shed shall not be used for the storage of any items other than normal
household goods and gardening equipment. A greenhouse shall not be
used for any use other than the cultivating of plants. No lot shall
contain more than one shed. No lot shall contain more than one greenhouse.
H.
Pergolas attached or detached from any dwelling or accessory building
shall not exceed 10 feet in height, measured from the average ground
level along the perimeter of such structure.
I.
Calculation of floor area. For the purpose of calculating floor area
to meet the minimum floor area requirements of the various zoning
districts, with respect only to split-level residences, the floor
areas of the first two levels above the grade floor shall be considered
part of the ground floor.
[Amended 5-20-2010 by L.L. No. 1-2010]
A.
It shall be unlawful to construct or commence the construction of
a fence upon or within any lot line on any lot within the Village
without first filing a written application for and obtaining from
the Village a duly issued fence permit.
B.
Fences may consist only of woven wire, woven board, pickets, board
or PVC.
[Amended 8-22-2022 by L.L. No. 3-2022]
C.
Fence height shall be measured from the natural grade along the base
to the top thereof, except that any fence post finial less than four
inches long shall not be calculated in the maximum fence height measurement.
[Amended 8-22-2022 by L.L. No. 3-2022]
D.
Permitted fences serving as a boundary enclosing any rear yard shall
not exceed six feet in height. Permitted fences serving as a side
or front yard boundary shall not exceed four feet in height along
the side lot line starting at the point that aligns with the rear
yard setback line and continues toward, and along, the front lot line.
E.
Any fence or portion thereof erected upon any property line, or in
any yard, abutting any road or highway, shall not exceed 2 1/2
feet in height at any point within a radius of 30 feet from the corner
formed by any intersecting roads or highways.
F.
A fence erected within, or upon any lot line of, a parcel greater
than 40,000 square feet, and having not less than 150 feet of street
frontage, or a fence separating a business-zoned parcel from a residential-zoned
parcel, may exceed the maximum height restrictions set forth in this
section, to the extent permitted by the Board of Trustees, with such
conditions as are deemed appropriate by the Board of Trustees, upon
application therefor to such Board.
G.
Notwithstanding any contrary provisions contained herein, the maximum
height of any fence consisting of concrete, stone, cinder block or
other solid material shall not exceed four feet in height at any point,
and shall not exceed 2 1/2 feet in height at any point within
a radius of 30 feet from the corner formed by any intersecting roads
or highways.
H.
Notwithstanding any contrary provisions contained herein, any sump
located in or on any lot within the Village shall be enclosed by a
woven wire or chain link fence not less than eight feet in height.
I.
All fences shall be constructed so that the finished side faces any
lot, street, road or public right-of-way abutting the premises upon
which such fence is constructed. Without limiting the foregoing, no
supports, posts or bracing shall be placed on the side of the fence
that faces any abutting lot, street, road or public right-of-way,
except fences with integral fence posts that appear the same on both
sides of the fence. No fence shall project beyond any property line.
No barbed wire, concertina wire or similar or other pointed or sharp-edged
wire is permitted without special permit therefor issued by the Board
of Trustees, upon application therefor to such Board.
[Amended 8-22-2022 by L.L. No. 3-2022]
J.
Where there is a question of judgment as to whether the lot line
along which a fence is installed, or proposed to be installed, is
a side lot line or a rear lot line, there shall be a presumption that
same is a side lot line for which the maximum fence height is four
feet.
A.
The development or improvement of any lot, plot or
parcel shall be in reasonable conformity to existing topography so
as to minimize grading, cut and fill, to retain the natural contours
of the land, limit stormwater runoff and to conserve the natural cover
and soil. Except as necessary in excavation for the construction of
a driveway, walk, a permitted wall or building or part thereof or
accessory thereto, or for such grading as may be necessary to create
a street consistent with sound engineering principles, no excess topsoil,
sand or gravel shall be disposed of outside the boundaries of the
parcel except upon approval of the Board of Trustees of the Village.
Topsoil so removed shall be restored to a depth of six inches and
properly seeded and fertilized on the areas of such lots not occupied
by buildings or structures.
B.
Any subdivision plat which provides for establishment
of new, reduced grades or elevations of the property shown thereon
to the extent of 10% or more of the total acreage of such plat shall
conclusively be deemed also to be a plan to use such property for
the excavation or removal of trees, topsoil or other natural earth,
sand, gravel, mineral or other materials, and such use is hereby prohibited.
C.
Existing natural features which enhance the attractiveness
of the site and which would add value to the Village as a whole, such
as trees, watercourses and similar irreplaceable assets, shall be
preserved so far as possible by harmonious design of the lot or parcel,
including a subdivision.
A.
In any use district, no premises may be used and no
structure may be erected or maintained for the harboring of swine,
goats, sheep, lambs, horses, ponies, donkeys, cattle or animals of
like import, except when permitted as a special exception by the Board
of Appeals.
B.
In any use district, no premises may be used or occupied
and no structure may be erected or maintained for the harboring of
any dangerous or obnoxious animal which is wild in its rural habitat.
A.
No public garage or service station shall be permitted
if any part of the lot or plot on which it is located is situated
within a radius of 200 feet of or within any portion of a street between
two intersecting streets in which portion there exists:
(1)
A public school.
(2)
A duly organized school, other than a public school,
conducted for children under 18 years of age and giving regular instruction
at least five days a week for eight months or more in the year.
(3)
A hospital.
(4)
A church.
(5)
A public library.
(6)
A public art museum.
(7)
A theater containing 300 seats.
(8)
A public garage or service station.
B.
No public garage or gasoline station shall be permitted
in the Business District except with the permission of the Board of
Trustees after a public hearing upon the same, notice of which shall
be given to adjacent property owners.
C.
No public garage or gasoline station shall be permitted
in the Park District, a residential district, or within a radius of
250 feet of a residential lot or lots.
A.
Trailer camps or the maintenance of more than one
trailer upon any piece of land in a single ownership is hereby prohibited
in any district within the Incorporated Village of Bayville and no
owner or lessee of property within said Village shall permit the use
of his or her land in violation of this section.
Accessory buildings, including garages, may
not be used for dwelling purposes.
[Added 4-22-2019 by L.L.
No. 1-2019]
Transient rental, or licensing, or the advertisement thereof
by any means, by an owner or long-term tenant for the use of a single-family
or two-family dwelling or a portion thereof located in any residence
district for a term of less than 14 days while the owner or long-term
tenant does not occupy the premises is prohibited.
A.
In residence districts, storage may be provided on
any lot for not more than three motor vehicles, housed or unhoused.
Only one of these may be a commercial or recreational vehicle, except
that space for one additional pleasure motor vehicle may be provided
for each 5,000 square feet of area by which the lot exceeds 3,200
square feet.
B.
No construction equipment and no vehicle having a
gross vehicle or gross combination weight in excess of 10,000 pounds
shall be parked or stored in any residential district.
C.
No front yard, exclusive of paved driveways, shall
be used for the open air parking or storage of any motor vehicle in
residence districts.
D.
No person shall establish, conduct or maintain any
parking place for which a charge is made to accommodate automobiles
or other vehicles, or which is connected with any business, trade,
occupation or other activity for profit or to which the general public
is invited or permitted to enter, upon any property situated in any
residence district, and no owner, lessee or occupant of such property
shall permit the use of the same in violation of this section, except
that parking facilities may be provided, under the terms of this chapter,
for a doctor's office or other permitted use.
