The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.
A. 
Stripping of topsoil. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises for which the same shall be taken except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto or under natural product extraction procedure.
B. 
Development of preexisting substandard lots of record. Notwithstanding any other provision of this chapter, any lot which does not meet minimum lot dimensions or a parcel of land in separate ownership at the time of adoption of this chapter may be developed for uses permitted in the zone.
Height of buildings is not explicitly limited by this chapter. Heights may be regulated as part of a special permit, coordinated development or other procedure where height regulation achieves a purpose of such special process.
A. 
Reduced lot area. 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.
B. 
Visibility at intersections. On a corner lot in any residence district, no fence, wall, hedge or other structure or planting more than 3 1/2 feet in height above the surface of the road shall be erected, placed or maintained within the triangular area formed by the intersecting street lines at points which are 30 feet distant from the point of intersection measured along said street lines.
A. 
Front yard depth. In any residence district, notwithstanding the minimum front yard depth required by the schedule of regulations,[1] each dwelling hereafter erected shall have a front yard equal in depth to the average depth of the front yards of the lots immediately adjacent thereto on each side, but no front yard shall be less than 20 feet.
[1]
The schedule of regulations is included at the end of this chapter.
B. 
Reduction in rear yards. When a lot is less than 100 feet deep at the time of the passage of this chapter, such rear yard may be decreased 1/4 of the distance that the lot depth is less than said 100 feet; provided, however, that no rear yard shall be less than 20 feet in depth.
Where a district boundary line divides a lot in single or joint ownership of record at the time such line is adopted, the regulations for the less restricted portion of such a lot shall extend not more than 30 feet into the more restricted portion, provided that the lot has frontage on a street in the less restricted district.
All parking spaces provided pursuant to this section shall be on the same lot with the building, except that the Planning Board may permit the parking spaces to be on a lot within 500 feet of the building if it determines that it is impracticable to provide parking on the same lot with the building.
In any case where a commercial or industrial use shall be contiguous to and abut upon any residence district boundary or a residence use, conforming or nonconforming, a ten-foot planting strip of thick evergreen growth at least eight feet in height shall be planted on such commercial or industrial property along the abutting line; said planting strip shall be maintained in such manner as to protect the residential use from directed light and minimize other objectionable impacts as long as the nonresidential use shall be maintained. Planting required by this section shall be provided prior to the issuance of an occupancy permit.
The lawful use of any building or land existing at the time of the enactment of this chapter may be continued although such use does not conform with the provisions of this chapter, except as provided for by the subsections below:
A. 
Alterations. A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the true valuation as determined by the state equalization rate of the building unless said building is changed to a conforming use.
B. 
Extension. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building which existed prior to the enactment of this chapter shall not be deemed the extension of such nonconforming use.
C. 
Construction approved prior to adoption of or amendment to this chapter. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit and the ground story framework of which, including the second tier of beams, shall have been completed within one year of the date of the permit and which entire building shall be completed according to plans as filed within two years from the date of this chapter.
D. 
Restoration. No building damaged by fire or other causes to the extent of more than 50% of its true value as determined by the state equalization rate shall be repaired or rebuilt except in conformity with the standards in this chapter.
E. 
Discontinuance. Whenever a nonconforming agricultural operation use has been discontinued for a period of five years or whenever any other nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
F. 
Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may not be changed to a use of the same or other classification, except to a conforming use.
G. 
Displacement. No nonconforming use shall be extended to displace a conforming use.
H. 
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another R Residential District of a different classification, the new provisions shall also apply to any nonconforming uses existing therein.
A. 
Permits. Permits for the construction, erection and maintenance of outdoor pools shall be issued by the Code Enforcement Officer after authorization by the Planning Board and shall be subject to all applicable provisions of this chapter and any applicable codes of the Village and of the State of New York.
B. 
Materials of construction. No pool shall be built, constructed or maintained, except of materials having adequate strength to retain the water contained therein. They shall be designed in accordance with sound engineering practice.
C. 
Water disposal. Water overflowing from the pool and when the pool is emptied shall be disposed of on the owner's land and restrained from flowing on the land of any adjoining property owner or into any abutting street. The applicant shall show in his application the plan for the disposal of water.
D. 
Fencing. Adequate fencing, as required by the New York State Uniform Fire Prevention and Building Code, shall be provided to prevent accidental entry and unauthorized use of the pool. Such fencing may be erected so as to completely enclose the pool itself or the yard in which the pool is situated or the entire property, except that where the pool is constructed in connection with multifamily housing, the pool itself shall be enclosed.
E. 
Exclusions. Excluded from the provisions of this chapter shall be water storage tanks when such tanks are completely enclosed by the principal material of their construction and ponds constructed for use in agricultural activities. Access doors to the interior of such tanks shall be securely locked, except when personally attended by a regular employee or the owner.
F. 
Abandonment. Should the owner abandon the pool by making no active use of the pool for a period of 12 months, he shall arrange to remove the depression and return the surface of the ground to its original grade and approximately in the same condition as before the pool was constructed, and he shall further notify the Code Enforcement Officer of the abandonment so that an inspection of the site may be made and records of the permit be marked accordingly.
G. 
Size and location. All pools shall comply with the requirements of the provisions of this chapter applicable to accessory buildings, except as follows:
(1) 
The yard area occupied by such pools shall not be included in computing the percentage of lot area permitted to be built upon.
(2) 
No pool may be constructed within 20 feet of any property line, and greater distances may be required if there is danger of splashing and noise interfering with the adjacent owner's use. The pool owner may be required to build, plant or maintain adequate screening to prevent annoyance of neighbors. Due to the small lots permitted in the Village, however, lesser distances may be allowed.
(3) 
No pool shall be placed in the space between the principal structure and a public street.
A. 
Approval required. No fence, wall or other type of construction shall be erected without the approval of the Code Enforcement Officer.
B. 
Application for permit; issuance. Any person or persons, corporation, firm or association intending to erect a fence shall, before any work is commenced, make application to the Code Enforcement Officer on a form provided by the Code Enforcement Officer. Said application shall be accompanied by a plan or sketch showing the proposed location of any fence and the materials proposed to be used therein, which must be in accordance with this chapter and any other pertinent chapter regulating construction within the Village, and shall be accompanied by an appropriate fee. Upon approval by the Code Enforcement Officer, a temporary permit shall be issued which will be in effect for a period of one year from the date thereon. Said permit shall be available on the job during the progress of the work so that it may be inspected by the proper Village officials. The Code Enforcement Officer shall inspect any such fence and may revoke said permit if the fence does not comply with all provisions of this chapter.
C. 
Height limitations in rear, front and side yards. No fence shall be more than six feet in height at the rear of homes or buildings situated in a residentially zoned district, which fence shall not extend forward of the rear building line of any existing or proposed building. No other fence or portions of a fence shall be higher than 36 inches in any front yard or 48 inches in any side yard.
D. 
Location restrictions. Any fence erected in a front yard shall be placed at least two feet back from the sidewalk.
E. 
Materials and composition. Any fence, wall or similar structure, as well as shrubbery, which unduly cuts off light or air, which may cause a nuisance, a fire hazard or a dangerous condition or an obstruction to combating fires or which is an obstruction to men and equipment for combating fires or which may affect public safety is hereby expressly prohibited. Further, no fence shall be erected in a front yard in a residential district or along a public right-of-way unless the fence is uniformly less than 50% solid.
F. 
Prohibited fences. The following fences and fencing materials are specifically prohibited:
(1) 
Barbed wire.
(2) 
Short, pointed fences.
(3) 
Canvas fences.
(4) 
Cloth fences.
(5) 
Electrically charged fences.
(6) 
Poultry fences.
(7) 
Turkey wire.
(8) 
Temporary fences, such as snow fences.
(9) 
Expandable fences and collapsible fences, except during construction of a building.
G. 
Chain link fences. All chain link fences erected shall be erected with the closed loop at the top of the fence.
H. 
Entrances and gates. All entrances or gates shall open into the property.
I. 
Finished side; posts. Any fence, wood, stockade, chain link or other type of fence shall have the smooth side or finished side facing to the outside of the property owner installing the fence. Fence posts will be placed on the inside of the fence.
J. 
Security fences for commercial and industrial properties. Notwithstanding the provisions of this section, the Code Enforcement Officer may issue a permit for the construction of a security fence for commercial and industrial properties, upon due application to and approval by the Code Enforcement Officer of the Village, as well as payment of a fee as set forth from time to time by the Board of Trustees by resolution.[1] The Code Enforcement Officer may deny such application if it is found that the application for such fence is not appropriate and is unnecessary. Upon such denial, the applicant may appeal the Code Enforcement Officer's decision to the Zoning Board of Appeals of the Village by notice to the same within 30 days of such denial. In the event that said Zoning Board substantiates the denial of the Code Enforcement Officer, the applicant may resort to proper legal proceedings according to the statutes of the State of New York.
[1]
Editor's Note: The fee schedule is on file in the Village offices.
K. 
Location within property line. All fences or walls must be erected within the property line, and none shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic or interfere with visibility on corner lots and/or other structures or vehicles, whether stationary or transitory, on private or public property.
L. 
Visibility at intersections; enforcement authority. The Code Enforcement Officer shall have the authority to direct, in writing, the removal, trimming or modification of any shrubs, bushes, plants, trees, flowers or other vegetation, fence, wall hedge or other structure on private or public property wherever the same shall interfere with adequate visibility of operators of motor vehicles at street intersections or curbs.
[Added 12-19-2006 by L.L. No. 1-2006]
A. 
Purpose. The regulations of this section dealing with home occupations are designed to protect and maintain the residential character of established neighborhoods while recognizing that certain professional and limited business activities have traditionally been carried on in the home. This section recognizes that, when properly limited and regulated, such activities can take place in a residential structure without changing the character of either the neighborhood or the structure.
B. 
Authorization. Except as otherwise expressly provided or limited in this section, any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any dwelling unit. Any question of whether a particular use is permitted as a home occupation by the provisions of this section shall be determined by the Code Enforcement Officer pursuant to his authority to interpret the provisions of this chapter.
C. 
Certificate of compliance required. No home occupation shall be established or maintained unless a certificate of compliance evidencing the compliance of such home occupation with the provisions of this section and other applicable provisions of this chapter shall have first been issued by the Code Enforcement Officer.
D. 
Use limitations. In addition to all of the use limitations applicable in the district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:
(1) 
Not more than one person who is not a resident on the premises shall be employed, and then only as a clerical assistant.
(2) 
No more than 25% or 400 square feet of the floor area of the dwelling unit, whichever is less, shall be devoted to the home occupation.
(3) 
No alteration of the principal residential building shall be made which changes the character and appearance thereof as a dwelling.
(4) 
No stock-in-trade shall be displayed or sold on the premises.
(5) 
The home occupation shall be conducted entirely within the principal dwelling unit or in a permitted private garage accessory thereto, and in no event shall such use be apparent from any public way.
(6) 
There shall be no outdoor storage of equipment or materials used in the home occupation.
(7) 
Not more than one vehicle used in commerce shall be permitted in connection with any home occupation, and any such vehicle shall be stored in an enclosed garage at all times.
(8) 
No mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residential or accessory structure shall be used.
(9) 
No home occupation shall be permitted which is noxious, offensive or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions.
(10) 
No sign, other than one unlighted sign not over one square foot in area attached flat against the dwelling and displaying only the occupant's name and occupation, shall advertise the presence or conduct of the home occupation.
E. 
Particular home occupations permitted. Except as provided in Subsection F below, customary home occupations include all occupations which meet the purposes, standards and requirements of Subsections A through D of this section and, in particular, include, but are not necessarily limited to, the following list of examples:
(1) 
Providing instruction to not more than two students at a time, except for occasional groups.
(2) 
Day care of not more than six nonresident children.
(3) 
Office facilities for accountants, architects, brokers, engineers, lawyers, insurance agents, realtors and members of similar professions.
(4) 
Consultation or emergency treatment by a doctor or a dentist, but not the general practice of his profession.
(5) 
Office facilities for ministers, priests and rabbis.
(6) 
Office facilities for salesmen, sales representatives and manufacturer's representatives when no retail or wholesale sales are made or transacted on the premises.
(7) 
Studio of an artist, photographer, craftsman, writer, composer or similar person.
(8) 
Shop of a beautician, barber, hair stylist, dressmaker, tailor or similar person.
(9) 
Home-bound employment of a physically, mentally or emotionally handicapped person who is unable to work away from home by reason of his disability.
(10) 
The letting for hire by a resident owner of rooming units for residential use for a total of not more than two persons.
F. 
Particular occupations prohibited. Permitted home occupations shall not, in any event, be deemed to include:
(1) 
Nursing homes.
(2) 
Funeral homes, mortuaries and embalming establishments.
(3) 
Restaurants.
(4) 
Stables, kennels or veterinary hospitals.
(5) 
Tourist homes or the letting of more than two rooming units.
(6) 
Clinics, hospitals or the general practice of medicine or dentistry.
(7) 
Clubs, including fraternities and sororities.
(8) 
Instruction of more than two students at a time except for occasional groups.
(9) 
Day care for more than six nonresident children.
(10) 
Retail or wholesale businesses of any kind involving transactions on the premises.
[Added 12-19-2006 by L.L. No. 1-2006]
A. 
No recreational vehicle shall be stored outside at any place in the Village on public property, or parked outside on public property for more than 24 hours.
B. 
One recreational vehicle, less than nine feet in height and less than 20 feet in length, may be stored on the driveway no closer than 20 feet from the public street; however, no storage is permitted in the rest of the front yard area.
C. 
A recreational vehicle may be stored in the side yard, provided that it shall:
(1) 
Be stored parallel to and adjacent to the structure;
(2) 
Not exceed the dimension of the structure plus six feet or a maximum of 35 feet, whichever is less;
(3) 
Be provided with either an evergreen screening or a solid fence eight feet high, planted or installed between the vehicle and the property line. Plantings shall be planted a minimum of four feet high and be allowed to grow and be maintained a minimum of eight feet high; and
(4) 
Be set back a minimum of four feet from the property line.
D. 
A recreational vehicle may be stored in the rear yard, provided that it shall:
(1) 
Be stored parallel to and adjacent to the structure;
(2) 
Not exceed the dimension of the structure plus six feet or a maximum of 35 feet, whichever is less;
(3) 
Be provided with either an evergreen screening or a solid fence eight feet high, planted or installed between the vehicle and the property line. Plantings shall be planted a minimum of four feet high and be allowed to grow and be maintained a minimum of eight feet high; and
(4) 
Meet the applicable setbacks.
E. 
A maximum of two recreational vehicles may be stored outside of a building on any lot containing a dwelling unit. Only one such vehicle may be equal to or greater than nine feet in height or 20 feet in length. Such vehicles must be owned or leased by the property owner or the property tenant, except that on lots of five acres or larger, the option shall exist that both of the two allowed recreational vehicles may be equal to or greater than nine feet in height or 20 feet in length. Additionally, on such lots, one such vehicle may be owned or leased by someone other than the property owner. Recreational vehicles stored on such lots shall be stored in the rear yard area within the applicable setbacks.
F. 
A recreational vehicle may be stored unlicensed, in accordance with Subsections B, C, D and E above, for a period of time not to exceed six months.
G. 
No camper/RV, camper trailer or boat shall be used for residential purposes, except that visitors with such vehicles may sleep in them for a period not to exceed nine days.
H. 
A special permit may be granted by the Board of Appeals in accordance with Article VIII, Board of Appeals; Variances, of this chapter to allow relief from the requirements found in Subsections B, C, D and E above. These permits may be granted for a defined time period, as determined by the Board of Appeals.
I. 
The storage of recreational vehicles defined herein or the granting of special permits defined herein shall not preempt existing tract restrictions or restrictive covenants.
J. 
Visitor permits may be granted by the Code Enforcement Officer, for a time period not to exceed 16 days each, to allow for relief from the requirements found in Subsection G above to allow for the extended stay of visitors.
[Added 12-19-2006 by L.L. No. 1-2006]
A. 
No commercial or construction vehicle of any length shall be stored outside on any public property within the Village for a period in excess of eight hours, unless used in conjunction with construction on said property.
B. 
No commercial vehicle having an overall length in excess of 20 feet, nor any semitractor, semi-tractor-trailer, semitrailer or construction vehicle of any length shall be parked on any public or private property in a Residential District unless temporarily in connection with a bona fide commercial service, sales or delivery to such property.
C. 
A commercial vehicle which is not a semitractor, semi-tractor-trailer, semitrailer or construction vehicle having an overall length of 20 feet or less may be parked or stored outside on private property in a Residential District subject to the following regulations:
(1) 
Only one such vehicle per family may be parked or stored on any lot containing the dwelling of such family.
(2) 
Such vehicle shall only be parked or stored on the driveway or in the garage.
(3) 
The parking or storage of such vehicle shall be in full compliance with the requirements with this chapter and any other applicable provisions of the Code of the Village of Norwood and shall not preempt the use of space needed for the off-street parking of other vehicles.
(4) 
Such vehicle shall belong to an owner or occupant of the premises upon which it is being parked or stored.