The Village Board of Trustees finds that the
unrestricted outside storage and parking of vehicles, trailers and
boats on public and private property has an adverse impact on the
visual character of the Village and diminishes the available open
space required in the front, rear and side yards. In order to protect
the residents from the adverse impact of such vehicles, the Board
of Trustees determines that the parking and storage of such vehicles
and boats shall be regulated as follows.
[Added 3-1-2004 by L.L. No. 11-2004;
amended 4-3-2006 by L.L. No. 5-2006; 2-7-2011 by L.L. No. 7-2011]
No outside storage container structures are
permitted on any vacant or improved residential property in the Village
of Brightwaters, except that one outside storage container structure
is allowed for up to seven specific consecutive business days after
obtaining a permit from the Village Clerk and paying the permit fee
as may be established from time to time by the Board of Trustees.
[Added 12-4-2006 by L.L. No. 12-2006; amended 4-2-2007 by L.L. No. 4-2007; 10-5-2015 by L.L. No. 5-2015]
No dumpster is permitted on any vacant or improved
residential property in the Village of Brightwaters, except that one
dumpster is allowed on improved residential property for up to 10
consecutive business days. A single dumpster may be placed in any
part of a yard only after obtaining a permit from the Village Clerk
and paying the permit fee as may be established from time to time
by the Board of Trustees. At no time may the dumpster be placed on
any Village street or its right-of-way.
No major repairs, whether involving the dismantling
of vehicles or not, shall be made to such vehicles outside of enclosed
buildings. Minor repairs, such as but not limited to engine tuning,
changing of spark plugs, changing of oil, changing of tires and similar
procedures, shall be permitted. The provisions of this section shall
not prohibit the repair of vehicles inside an enclosed garage or other
building. Nothing herein shall be construed as permitting the commercial
repair of vehicles in residence districts.
[Amended 1-18-1995 by L.L. No. 1-1995; 10-1-2001 by L.L. No.
7-2001; 2-6-2002 by L.L. No. 3-2002; 3-1-2004 by L.L. No.
6-2004; 8-1-2005 by L.L. No. 9-2005; 1-6-2014 by L.L. No.
1-2014]
A. The definition
of a "driveway" is that which is used or can be used for parking vehicles.
Its surface is impervious, including but not limited to asphalt, gravel,
stone or other nonvegetative material. It shall lead perpendicular
from a public road directly to a garage. If the property does not
have a garage, the driveway is that which has been established for
the use as the parking area of said dwelling. An allowable driveway
surface shall not exceed 35% of the total front yard area.
B. The front
yard area is calculated from the two outermost front corners of the
dwelling (Diagram D-1, the area between lines A-1 on either side of
the property) and that are perpendicular to the front property line
that borders the right-of-way ("ROW"). ROWs are not included in the
calculation. All proposed plans must be reviewed by the Village Engineer
and Highway Department for feasibility, approval and bond amounts.
C. Primary
driveways shall not exceed 22 feet in width and must have a minimum
side yard setback of four feet to impervious surface consisting of
vegetative matter. If both a primary driveway and a circular driveway
are established, a minimum setback from the impervious surface to
the property lines must be a minimum of four feet and 14 feet of vegetative
area, respectively.
D. Circular
driveways shall not be less than 12 feet nor greater than 22 feet
of drivable surface.
E. No property
shall be allowed to have more than two means of egress to public roads.
Curb cuts at the property line may not be less than 12 feet and not
exceed 22 feet. Driveways at the intersection of the edge of pavement
may not be greater than 27 feet on said public road. Said driveway
may not flare out to more than 2.5 feet on either side between the
property line and edge of pavement known as the ROW. A corner lot
may only have a total of two curb cuts or two means of egress. A curb
cut on a corner lot must be a minimum of 25 feet from the corner of
the property line. A primary and/or secondary driveway without a garage
cannot have impervious surface beyond the front or side corners of
the house.
F. In the
case where a garage may not exist or if the garage is set back beyond
the outermost corners of the front of the main dwelling, then the
area between the two points of the main dwelling to that of either
where the driveway ends or the two outermost points of the front of
the garage begins shall be calculated as part of the total front lot
area as well as the impervious surface thereof.
G. The center
island that is created by a circular driveway and that which abuts
the right-of-way must have a minimum vegetative area of 15% of the
total front yard area and not be less than 60 feet in width. Rights-of-way
are not included in the calculation.
H. In the
case of a corner property which is deemed to have two front yards,
the primary front yard area is determined by the legal address or
front door. The other is the second front yard. The proposed or existing
driveway for the second front yard will be determined by the secondary
front yard area and calculated at 25% of the primary front yard and
must be reviewed by the Village Engineer and Highway Department for
feasibility and approval. The primary front yard area will be used
to calculate under this Code for the purposes of defining a driveway.
I. Diagrams
D-1 and D-2 are a part hereof and similarly adopted pursuant to this
section.
[Added 3-5-2012 by L.L. No. 5-2012]
No person shall alter, or cause to be altered, any Village right-of-way,
whether to create a parking area or for any other purpose, without
the written consent of the Village.