Chapter 140

ZONING

[HISTORY: Adopted by the Board of Trustees as part of the General Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

 Architectural Review Board — See Ch. 4.

 Building construction — See Ch. 43.

 Flood damage prevention — See Ch. 65.

 

ARTICLE I

General Provisions

§ 140-1.  District; map. [Amended 5-3-2004 by L.L. No. 1-2004]

The Village shall constitute a single district to be known as a Villa Resident District as depicted on the Official Map of the Incorporated Village of Plandome Heights, prepared by Charles E. Ward, Inc., dated January 1980, and adopted by the Board of Trustees on March 3, 1980, which accompanies this chapter and which is hereby declared to be a part hereof. 

§ 140-2.  Definitions. 

A.     Words used in the present tense include the future, and the future the present; the singular number includes the plural, and the plural the singular; the word "lot" includes the word "plot" as the sense may require it; the word "shall" is always mandatory. 

B.     Certain words in this chapter are defined for the purpose thereof as follows: 

ACCESSORY BUILDING OR USE — A building subordinate to the main building customarily incidental to and located on the same lot occupied by the main building or use.  

ALTERATION — As applied to a building or structure, is the change or rearrangement of the structural parts, or any enlargement, whether by extending on any side or by increasing in height, or the moving from one location to another. It does not include ordinary repairs.  

BASEMENT — That space of a building that is partly below grade which has more than half of its height measured from floor to ceiling above the average established level or finished grade of the ground adjoining the building.  

BUILDING — A combination of materials other than a structure to form a construction that is safe and stable and adapted to permanent or continuous occupancy as a residence; the term "building" shall be construed as if followed by the words "or part thereof."  

BUILDING AREA — The area of the maximum horizontal cross section of the building, including floor area of porches, accessory buildings on a lot excluding permitted encroachments, but including decks over 18 inches in height, patios, masonry walkways and driveways. [Amended 5-3-2004 by L.L. No. 1-2004]  

BUILDING HEIGHT — The vertical distance measured from the average level of the finished adjoining ground to the highest point of the roof.  

BUILDING INSPECTOR — The inspector appointed by the Board of Trustees or in case of his inability to act for any reason, a person designated by the Village authorities to act on the Building Inspectors behalf.  

CELLAR — That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established finished grade of the ground adjoining building.  

CORNER LOT — A lot situated at the intersection or junction of 2 or more streets.  

DEPARTMENT OF HEALTH — The Department of Health of the County of Nassau and any other Health Board or Department established pursuant to the laws of the State of New York and entrusted with the regulations, control and/or supervision of matters pertaining to and affecting the public health in the Village.  

DEPTH OF LOT — The mean distance from the street line of the lot to its opposite rear line, measured along the side lines of the lot.  

ERECTED — Constructed, reconstructed, altered, placed or moved.  

FAMILY — Any number of individuals related by blood, marriage or legal adoption, living and cooking together on the premises as a single housekeeping unit.  

FIRST FLOOR — The lower story entirely above the average level of the ground surrounding a building.  

FLOOR AREA RATIO — The total gross floor area, as defined herein, on a lot divided by the sum of the lot area. [Amended 5-3-2004 by L.L. No. 1-2004]  

FRONTAGE — The street upon which a lot abuts. If a lot abuts upon more than 1 street, it means the street upon which the lot has the least frontage.  

FRONT OF BUILDING — The front of a building on an interior lot is the exterior wall facing the street. The front of a building on a corner lot is the exterior wall where the main entrance is established.  

FRONT YARD — A yard across the full width of a lot extending from the front line of a building to the front line of the lot measured between the side property lines and in the case of a corner lot measured from the street line to the side property line.  

HABITABLE FLOOR AREA IN A DWELLING — Spaces occupied by 1 or more persons for living, eating and/or sleeping, but does not include attached or built-in garages, open porches or terraces or spaces in cellar. On the first floor it shall be construed to mean all finished floor area having a clear headroom of 7 1/2 feet or over, including stair wells; on the second floor all finished or unfinished floor area having a clear headroom of 7 1/2 feet or over for a minimum horizontal measurement of 6 feet with sidewalls not less than 5 1/2 feet in height.  

INTERIOR LOT — A lot other than a corner lot.  

LOT — A parcel of land which the owner shall designate in his application as his building site or a parcel of land occupied by a building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter and such open spaces as are arranged and designed to be used in connection with such building.  

LOT AREA — The area of a lot measured within the boundaries thereof.  

MAIN BUILDING — A building which houses the principal purpose for the utilization of the lot.  

OPEN PORCH — A roofed open structure projecting from the outside wall of a building without window sash or any other form of permanent enclosure.  

PERSON — Includes individual, firm, corporation, partnership, association or other agency of voluntary action.  

PREMISES — Includes the land and all buildings or structures thereon.  

PRIVATE GARAGE — A detached or attached building or part of the main building used for storage of not more than 3 noncommercial automobiles owned and used by the owner or tenant of the lot on which the main building is erected and in which no business or service is conducted.  

PROFESSIONAL OFFICE — An office maintained by a doctor, dentist, lawyer, teacher, artist, architect, engineer, accountant or musician in the dwelling in which such person resides, provided that such office does not occupy more than 50% of the habitable floor space in the first floor or more than 25% of the habitable floor space of a 1-story dwelling and not more than 1 assistant or employee is employed by such person and further provided that there is no alteration or change to the exterior of such dwelling which modifies its residential character or use or the use thereof, has no feature which is offensive, annoying or harmful to the public health, safety or general welfare, including but not limited to by reason of noise, glare, vibration, odor, radiation, dust, fumes or undue traffic.  

REAR YARD — A yard across the full width of the lot extending from the rear line of the building to the rear line of the lot measured between the side property lines.  

SIDE YARD — A yard between the side of the building and the corresponding side line of the lot and extending from the front line of the rear lot line in the case of a single building on the front portion of a lot.  

SINGLE-FAMILY DWELLING — A building designed for and occupied exclusively as a home or residence for not more than 1 family. Each single-family dwelling shall have a private garage, either detached, attached, or within the main building. [Amended 10-5-1987]  

STORY — That portion of a building which is between one floor level and the next higher floor level or the roof. A basement shall be deemed to be a story when its ceiling is 6 or more feet above finished grade. A half-story is that part of any building above a story and having at least 2 opposite exterior walls meeting a sloping roof at a level no higher above the floor than 1/2 the floor to ceiling height of the story below, but having not less than 5 feet clear headroom at any point. [Amended 5-3-2004 by L.L. No. 1-2004]  

STREET — Any public thoroughfare or space more than 20 feet in width which may or may not have been dedicated or deeded to the public for public use.  

STREET LINE — A line dividing a lot from the street.  

STRUCTURE — A combination of materials other than a building to form a construction that is safe and stable, including, among others, signs, fences, retaining walls, outdoor fireplaces, swimming pools, pergolas detached garages, lampposts, freestanding basketball hoops and exterior central air-conditioning components; the term "structure" shall be construed as if followed by the words "or part thereof." [Amended 5-3-2004 by L.L. No. 1-2004]  

TERRACE — An open porch without a permanent roof.  

TWO-STORY BUILDING — Any building where the area of the second floor is equal to at least 75% of the area of the first floor.  

USE — The listed uses permitted. The listing of any uses as being permitted uses shall be deemed to mean that such uses and no other shall be permitted unless otherwise specifically permitted in the chapter. "Use" shall also mean designed, intended or arranged to be used.  

WIDTH OF LOT — The mean width measured at right angles to its depth.  

YARD — An open and unoccupied space on the same lot with a building, open and unobstructed from the ground to the sky.    

ARTICLE II

Use Regulations

§ 140-3.  Permitted uses.

No building or structure shall be erected, used or maintained nor shall any building, structure or premises be altered or remodeled nor any lot used for other than 1 or more of the following uses: 

A.     A single-family detached dwelling with private garage. [Amended 10-5-1987] 

B.     A nonprofit institution of learning approved by the State Board of Regents and supported by public funds. 

C.     A Village park for recreational use. 

D.     A Village Hall or other buildings necessary in connection with the administration of the affairs of the Village. 

E.      A church or other buildings used exclusively for religious purposes. A parish house. 

F.      Professional office, provided that the office is located in the dwelling in which the professional person resides and provided there is no display of advertising, except for doctors and dentists who may have a small professional name plate which may be illuminated by an electric lamp not exceeding 15 watts of power contained within the sign. 

G.     Private garage detached or attached or within the main building. 

H.     No signs except as mentioned in Subsection F shall be permitted, except the following: [Amended 12-4-1989 by L.L. No. 2-1989] 

(1)    Small sign, which may be illuminated, not exceeding 1/2 square foot to identify name or number of a resident. 

(2)    One sign only for sale or rental of real estate on property on which same is located, said sign not to exceed 3 square feet and to contain only the words "for sale" or "for rent" and a telephone number, and, if not attached to the building, the same shall conform with the minimum front and side yard setbacks herein stated in this chapter. 

(3)    Notices or advertisements required by law, or any legal proceedings, or signs put up for public notices. 

(4)    Signs for the directions, regulation or information for the safety of the public, in each case when authorized in writing by the Village Clerk. [Amended 10-7-1996 by L.L. No. 1-1996]   

I.       Other accessory buildings or structures conforming to the provisions of Article III.   

§ 140-4.  Height. 

A.     In the case of a single-family dwelling no building shall exceed 2 1/2 stories, with a maximum height of 30 feet. 

B.     Buildings other than a single-family dwelling shall not exceed 35 feet in height, except a church spire or belfry.   

§ 140-5.  Plot area.

No dwelling or other building shall be constructed on a lot containing an area of less than 1/4 acre (10,890 square feet) and having a frontage of not less than 90 feet. The area shall be computed on the basis of a reasonable flat lot. Berms more than 3 feet in height shall be excluded from the computations. Slopes of berm shall measure not less than 2 on the horizontal and 1 on the vertical. 

§ 140-6.  Building area. [Amended 2-1-1999 by L.L. No. 1-1999]

The building area, including all accessory buildings, sheds, and all structures, shall not exceed 25% of the lot area. 

§ 140-7.  Floor area. [Amended 2-1-1999 by L.L. No. 2-1999] 

A.     No dwelling shall be erected unless it has a habitable first floor area in a 1-story building of at least 1,300 square feet. 

B.     The floor area ratio of the lot shall not exceed 0.40.   

§ 140-8.  Front yard.

On an interior lot there shall be a front yard, the depth of which shall be not less than 35 feet from the front property line. Where a front yard setback has been established, the front yard depth shall conform to the established front yards of adjacent residential buildings but shall not be less than 25 feet from the street line. 

§ 140-9.  Corner lot.

On a corner lot a dwelling shall have a front yard on each street conforming with the provisions of § 140-8. 

§ 140-10.  Front of building.

The principal entrance of any building shall face the street which the property adjoins through the wall or side of such building nearest to such adjoining street. 

§ 140-11.  Side yards. 

A.     On an interior lot there shall be 2 side yards, 1 on each side of the main building, the aggregate width of which shall be not less than 40 feet, and either side yard shall be not less than 15 feet wide. Buildings over 30 feet in height shall have a side yard on each side of the building of not less than 20 feet. 

B.     On a corner lot there shall be only 1 side yard of not less than 15 feet. Said yard shall be on the side adjoining the interior lot opposite the front yard having the greater street frontage. The remaining yard shall be considered the rear yard and shall conform to the provision of § 140-12.   

§ 140-12.  Rear yard.

There shall be a rear yard the depth of which shall be not less than 30 feet. No building to be used for dwelling purposes shall be erected in back of or to the rear of a building on the same lot. No building situated in back of or to the rear of a building on the same lot at the effective date of this chapter shall be altered and used for dwelling purposes. 

§ 140-13.  Planning Board. [Added 5-3-2004 by L.L. No. 1-2004] 

A.     Establishment and powers. A Planning Board is hereby established with all of the powers and duties set forth in New York State Village Law. 

B.     Appointment and membership. Members of the Planning Board shall be appointed by the Mayor with the approval of the Board of Trustees as provided in Chapter 1, General Provisions, Article IV, Boards, of this Code.   

§ 140-14.  Subdivision and merger. [Amended 5-3-2004 by L.L. No. 1-2004]

No parcel of land shall be subdivided to create 1 or more new lots, nor shall the lot lines of existing lots be altered unless approved by the Planning Board in conformity with this chapter and in accordance with New York State Village Law, and such other rules and regulations established by resolution of the Board of Trustees. 

§ 140-15.  Change in plans or construction.

Nothing herein contained shall require any change in the plans or construction of a building under construction, provided that at the effective date of this chapter the construction shall have proceeded to the completion of the foundation, and provided, further, that the work thereon shall be diligently prosecuted to completion within 1 year from the effective date of this chapter. 

§ 140-16.  Extensions to existing buildings. [Amended 2-1-1999 by L.L. No. 3-1999]

In the case of a building erected prior to the effective date of this chapter, and having existing side yards less than permitted in this chapter, extensions to the rear of the main building shall be permitted as follows: 

A.     If the minimum existing side yard is less than 10 feet, extension to the rear of the main building must maintain a minimum side yard of not less than 10 feet. 

B.     The aggregate width of side yards at the extension shall be not less than 40 feet. 

C.     The extension of the building to the rear may be extended to the minimum rear yard requirement, provided the building, including the extension, does not exceed the limitations of lot coverage and floor area ratio requirements.   

§ 140-17.  Cellars.

A cellar shall not be used or occupied for other than utility and recreation purposes. 

§ 140-18.  Basement.

A basement may be used as habitable space. 

§ 140-19.  Nonvegetated area. [Added 5-3-2004 by L.L. No. 1-2004] 

A.     The nonvegetated surface of the front yard of a dwelling may not exceed 25%. 

B.     Nonvegetative surface shall mean driveways, walks, decking, and any other areas covered with pavement, concrete, masonry, flagstone, gravel, bluestone, wood or other surface coverings so as to render the ground unsuitable for the growth of vegetation or plants.   

§ 140-20.  Driveway widths. [Added 5-3-2004 by L.L. No. 1-2004] 

A.     Single-car garage. A driveway from the street to a single-car garage may have a maximum width of 20 feet, except that it may not exceed a width of 10 feet at a distance 3 feet from the street. 

B.     Two-car garage. A driveway from the street to a 2-car garage may have a maximum width of 20 feet, except that it may fan out to a width of 22 feet at a distance 3 feet from the street.   

§ 140-21.  Lampposts. [Added 5-3-2004 by L.L. No. 1-2004]

No accessory structures are permitted in the front yard; except lampposts may be constructed in accordance with the following restrictions: 

A.     Location limited to front yard, no farther than 10 feet from the front wall of the building. 

B.     Maximum height, including pedestal, not to exceed 6 feet. 

C.     Building permit and Architectural Review Board approval required.   

ARTICLE III

Accessory Buildings and Structures; Permitted Encroachments; Swimming Pools

§ 140-22.  Accessory structures and encroachments permitted.

Accessory buildings or structures and encroachments, conforming to the provision of this article, are permitted. 

§ 140-23.  Accessory buildings. 

A.     Accessory buildings, except as otherwise provided in this article, shall not be over 15 feet in height at their highest point. The yard area occupied by an accessory building shall be included in computing the maximum percentage of the lot area which may be utilized for building. 

B.     Accessory buildings shall be a distance at least 10 feet more from the street line than the rear wall of the main building and not less than 5 feet from any lot side line or 2 feet from any lot rear line. 

C.     No accessory building, with the exception of fences or retaining walls, shall be erected within 20 feet of a building used for residence purposes on an adjoining lot. 

D.     Unless otherwise provided in this article, accessory buildings and/or structures on corner lots 100 feet or less in depth shall be located as far as possible from the front property lines while conforming to the provisions of Subsections A and B. 

E.      On a corner lot a private detached garage accessory to a dwelling on the same lot may be erected in the rear yard, provided the depth of a lot is sufficient to permit compliance with the provisions of Subsection A to D, inclusive, and provided the setback of such garage complies with the front yard requirements.   

§ 140-24.  Accessory structures. [Amended 5-6-1991 by L.L. No. 4-1991; 12-7-1998 by L.L. No. 3-1998; 7-12-1999 by L.L. No. 4-1999; 5-3-2004 by L.L. No. 1-2004] 

A.     No fence shall be created, constructed or altered without first obtaining a building permit as provided in Article III of Chapter 43, Building Construction. Fences shall not exceed 4 feet in height. Fences shall be of an open-type construction, allowing a passage of both light and air through the fence, and shall be constructed of wrought iron, polyvinyl chloride (PVC) or wood. The style of fence shall be approved by the Architectural Review Board prior to installation. In addition to any landscaping that will be required by the Architectural Review Board, as a minimum requirement, evergreen shrubs at least 3 feet in height as measured from grade level at installation shall be planted at each fence post. Open-type construction shall mean construction in which the materials used are present in not more than 60% of the surface area of the fence, and the obstructed areas and the unobstructed areas are uniformly distributed throughout the area of the fence. Fences constructed of any other material or in any other manner shall require the approval of the Board of Appeals. Fences may be constructed to enclose the rear yard or any portion thereof, but in no event shall any fence extend forward of the rear wall of the dwelling. No fences shall be permitted in front yards or side yards unless approved by the Board of Appeals. [Amended 1-10-2005 by L.L. No. 2-2005] 

B.     A retaining wall shall have a maximum height of 4 feet with a setback ratio of 1:1. Retaining walls shall not extend more than 6 inches above the surface of the ground which they support. 

C.     Stationary outdoor fireplaces shall be erected in rear yards only and shall be at least 10 feet distance from the side and rear yard property lines and shall not exceed 5 feet in height. 

D.     Pergolas shall not exceed 10 feet in height. 

E.      No accessory structure or building shall be constructed or erected upon the premises for the purpose of containing air-conditioning equipment, ventilating fans and appurtenances thereto; such air conditioning, ventilating fans and appurtenant equipment shall be contained within the confines of the main building. 

(1)    Upon application the limiting provisions of this section may be waived when a central air-conditioning unit of 5 tons or less is installed in the side or rear yard and when such unit is installed in compliance with the side and rear yard sections of this article and when such installation has a certified sound level rating at the adjoining property line not exceeding 25-35 decibels. 

(2)    When a central air-conditioning system is installed, a certificate of installation certifying that it has been installed by the builder in accordance with the manufacturer's instructions shall be issued to the owner and a copy of same shall be filed with the Village Clerk.   

F.      A single garden shed or tool shed is permitted, with a permit from the Building Inspector, subject to the provisions of this section and other applicable provisions of this Code. The shed may be located in the rear yard, provided that (1) it has a gabled roof with a minimum pitch of 1 in 3, that (2) it does not exceed 9 feet in height from grade to the top of gable ridge, (3) floor area of shed may not occupy more than 3.20% of the rear yard area, but in no event shall it be more than 80 square feet, (4) it is set back no less than 3 feet or more than 5 feet from the side or rear lot line, (5) it shall be a distance of at least 10 feet more from the street line than the rear wall of the main building, (6) side and rear lot lines at sheds shall have evergreens planted to a minimum height of 4 feet at time of planting as a buffer zone. Nonconforming sheds that are modified, rebuilt or replaced must conform with this chapter. 

G.     Other accessory structures not mentioned herein shall be located in accordance with the requirements for accessory buildings as provided in § 140-23A through E, inclusive.  [Amended 8-7-2006 by L.L. No. 5-2006]   

§ 140-25.  Permitted encroachments. 

A.     Encroachments into required yards are permitted in the Village as provided in this article only. 

B.     Cornice and eaves projection not more than 24 inches; gutters projecting not more than 8 inches; chimneys not projecting more than 18 inches; bay windows not more than 6 feet in width and projection not more than 24 inches into any front yard; bay windows not projecting more than 24 inches into any side or rear yard; belt courses and sills projecting no more than 6 inches. 

C.     One-story open porches and terraces projecting not more than 5 feet into a minimum front yard. 

D.     One-story enclosed vestibule not greater than 8 feet in width and 5 feet in depth extending into a minimum front yard, provided that said vestibule shall conform in architecture and material to the main building and after the erection thereof there shall remain a front yard with a depth not less than the least depth of a front yard existing in the same block. 

E.      No encroachment which is permitted to extend into any yard if unroofed or unenclosed shall thereafter be enclosed permanently in whole or in part. 

F.      No permitted encroachment shall in any case extend or project closer than 13 feet to any lot line. 

G.     Steps extending into a minimum yard shall not be considered an encroachment into such yard, provided that such steps do not exceed in height the first floor level of the building and provided further that such steps are necessary to provide access to a walk, porch, terrace or vestibule. 

H.     In any case where the Board of Appeals has diminished required yard by variance, none of the foregoing encroachments shall be permitted in such diminished yard.   

§ 140-26.  Swimming pools. [Amended 6-1-1964] 

A.     Swimming pools may be installed only as an accessory structure to a residence for the private use of the owner or occupant of such residence and their families and guests. 

B.     No swimming pool shall be installed or maintained as authorized in the preceding section except on the following conditions: [Amended 2-4-1991 by L.L. No. 1-1991] 

(1)    Such pool shall be installed in the rear yard of the premises and shall not exceed a height of 18 inches above ground level. 

(2)    Swimming pools shall be located not less than 30 feet distant from the side and rear lot lines, and not less than 20 feet from any building or structure other than the dwelling located on the plot. 

(3)    All pools shall be fenced in accordance with the New York State Uniform Fire Prevention and Building Code. Such fencing shall not be less than 4 feet nor more than 5 feet in height, and may be erected so as to completely enclose the pool itself or the entire rear property as specified in this chapter, Article III, § 140-24A. The location and style of fence shall be approved prior to installation by the Architectural Review Board. Mature shrubbery and/or plants shall be planted around the exterior of the fencing to screen the fencing. [Amended 2-10-2003 by L.L. No. 1-2003] 

(4)    Such pool area shall not occupy more than 40% of the open area of the rear yard after compliance with all setback restrictions. 

(5)    If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system. 

(6)    If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of the pool. 

(7)    Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the New York State Sanitary Code or other agencies having jurisdiction relating to public swimming pools. 

(8)    No permission shall be granted for the installation of any swimming pool unless the plans therefore meet the approval of the Building Inspector's construction requirements nor until the owner of the premises has filed with the Building Inspector a certificate approved by a professional engineer licensed by the State of New York stating that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public highways. 

(9)    No loud speaker device which can be heard beyond the property lines of the premises in which any swimming pool has been installed may be operated in connection with such pool, nor may any lighting be installed in connection therewith which shall throw any rays beyond such property lines. 

(10)  In determining any application for permission to erect a fence other than as required in Subsection B(3) hereof, the Board of Appeals shall consider whether the proposed fence will interfere with or impair the use of the light or air enjoyed by the abutting properties, the character of the abutting properties, the necessity of such a fence to protect the property to be enclosed thereby or the abutting properties, the existence, height, and nature of other fences in the vicinity. 

(11)  Outdoor water pools shall for the purposes of this chapter be construed to mean any swimming pool, tank, depression or excavation in any material, dike or berm constructed, erected, excavated or maintained which will cause the retaining of water to a greater depth than 18 inches and having a larger plane surface area of water greater than 100 square feet, except such as shall hereinafter be excluded. The word "pool" shall be construed to mean outdoor water pool. 

(12)  Should the owner abandon the pool 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 Building Inspector of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.   

C.     Portable swimming pools of a size capable of retaining water to a greater depth than 18 inches and having a larger plane surface area of water greater than 100 square feet shall not be required to comply with the provisions of Subsection B, providing the following conditions are complied with in all respects: 

(1)    The pool shall be so located on the premises as to be visible from the dwelling. 

(2)    The pool shall be located in the rear yard of the premises and as far removed from all property lines as is practicable. 

(3)    The pool shall be equipped with a cover approved by the Building Inspector and shall be of sufficient strength to protect against accidental entry into the pool. The pool shall be covered at all times when containing water and not in use. 

(4)    When the pool contains water and is not in use, it shall be equipped with an electrical device, approved by the Building Inspector to sound an alarm on entry. 

(5)    The water in the pool shall be drained whenever the residence it serves is left unattended for a period in excess of 24 hours. 

(6)    Provision shall be made on the premises for drainage of water from the pool. 

(7)    The pool shall be treated in such manner as to maintain the bacterial standards satisfactory to the Nassau County Department of Health, or other agencies having a jurisdiction.     

ARTICLE IV

Board of Appeals

§ 140-27.  Appointment and membership. [Amended 5-3-2004 by L.L. No. 1-2004]

A Board of Appeals shall be appointed by the Mayor with the approval of the Board of Trustees. Members of said Board of Appeals shall be appointed as provided in Chapter 1, General Provisions, Article IV, Boards, of this Code.[1] 

§ 140-28.  Powers. [Amended 5-3-2004 by L.L. No. 1-2004]

The Board of Appeals shall have the powers and duties set forth in the New York State Village Law. 

§ 140-29.  Lapse of variance. [Amended 6-5-2000 by L.L. No. 7-2000] 

A.     A variance granted by the Board of Appeals shall lapse after the expiration of 180 days from the date that the decision is filed in the Village Clerk's office if no building permit is obtained in accordance with the plans for which such variance was granted, and the provisions of this chapter shall thereafter govern. [Amended 5-3-2004 by L.L. No. 1-2004] 

B.     A variance granted by the Board of Appeals shall lapse after the expiration of 180 days from the date that the building permit is filed in the Village Clerk's Office if no substantial construction has taken place in accordance with the plans for which such variance was granted, and the provisions of this chapter shall thereafter govern. [Amended 5-3-2004 by L.L. No. 1-2004] 

C.     A request by the applicant for an extension of time to obtain a permit pursuant to Subsection A of this section, or to complete substantial construction pursuant to Subsection B of this section, shall be made within the initial 180-day period in which to obtain the permit or complete substantial construction.   

§ 140-30.  Rules.

The Board of Appeals may make rules as to the manner of filing appeals or application for permits or variance in specific cases from the provision of this chapter. 

§ 140-31.  Notice of hearing. [Amended 5-3-2004 by L.L. No. 1-2004] 

A.     The Board of Appeals shall fix a time and place for a public hearing of an application and shall publish a notice in a local newspaper or newspapers at least 10 days before the hearing. The notice shall state the location of the building or lot and the general nature of the application. Notice of public hearing shall be posted in conspicuous places within the Village. 

B.     At least 10 days prior to the hearing the applicant shall send the notice by certified mail, return receipt requested, to all owners of properties within a 200-foot radius of the applicant's property as appears on the latest Village assessment roll.   

§ 140-32.  Fees. [Added 3-28-1977 by L.L. No. 3-1977; 9-12-1988 by L.L. No. 2-1988; 6-1-1998 by L.L. No. 1-1998; 5-1-2000 by L.L. No. 5-2000; 4-2-2001 by L.L. No. 3-2001; 5-3-2004 by L.L. No. 1-2004]

The applicant shall be responsible for the payment of all fees set forth in the Schedule of Fees and Payments maintained by the Village Clerk. 

ARTICLE V

Enforcement and Interpretation

§ 140-33.  Enforcement.

This chapter shall be enforced by the Board of Trustees who may make any rules and regulations necessary in connection therewith. 

§ 140-34.  Interpretation.

In interpreting and applying the provisions of this chapter, such provisions shall be held to be the minimum requirements for the promotion of the health, safety, morals and/or the general welfare of the Village. It is not the intent by this chapter to interfere with or abrogate or annul any rules or regulations adopted and/or issued thereunder, or the rules and regulations of the Department of Health of the County of Nassau; provided, however, that where this chapter imposes a greater restriction upon the use of a building or premises or upon the height of a building, or required larger open spaces than are imposed or required by such code, rules and regulations, the provision of this chapter shall control. 

§ 140-35.  Remedies.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any hedge, tree, shrub or other growth is maintained, or any building, structure or land is used in violation of this chapter, or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. 

§ 140-36.  Penalties for offenses. [Amended 12-9-1965; 4-7-1969; 5-3-2004 by L.L. No. 1-2004]

Any person found guilty of a violation of this chapter shall be punishable as set forth in New York State Village Law. Each day that a violation continues shall be deemed a separate offense. 

§ 140-37.  Abatement of violation.

Appropriate action and proceedings may be taken at law or in equity to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy and/or use of a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises, and these remedies shall be in addition to the penalties prescribed in the preceding section. 

ARTICLE VI

Miscellaneous Provisions

§ 140-38.  Nonconforming buildings, lots and uses. [Added 5-3-2004 by L.L. No. 1-2004] 

A.     Nonconforming buildings. 

(1)    Nothing in this chapter shall be deemed to prohibit the continuance or the maintenance, repair, alteration (including enlargement or other structural alteration) or reconstruction of a nonconforming building, provided that no such action shall increase the extent of any nonconformity of such building with any requirement of this chapter or create any new nonconformity therewith. 

(2)    No repair, alteration or reconstruction of a nonconforming building shall be made if the cost of such action would exceed 50% of the then-current replacement value of such building, exclusive of foundations. 

(3)    No nonconforming building shall be moved, in whole or in part, to any other portion of the lot occupied by such building unless, as a result of such move, such building would cease to be a nonconforming building.   

B.     Nonconforming uses. 

(1)    Nothing in this chapter shall be deemed to prohibit continuance of the use of a building or lot which has become a nonconforming use, subject to the following provisions of this section. 

(2)    A use which has become a nonconforming use shall not: 

(a)     Be moved, in whole or in part, from the location within the lot on which it is conducted to another location within such lot. 

(b)     Be moved to a lot other than the lot on which such use was conducted at the time such use became a nonconforming use unless such use is a permitted use on such other lot.   

(3)    The use of a building or lot which is a nonconforming use shall not be changed except to a use permitted for such building or lot. 

(4)    A nonconforming use shall not be enlarged, increased, extended or expanded so as to occupy a larger portion of the lot on which such use is conducted than the portion occupied by such use at the time such use became a nonconforming use. 

(5)    A nonconforming use shall not be extended so as to displace a permitted use. An increase in the area of accessory parking for a nonconforming use on the same lot on which such use is conducted or on a different lot in a district in which such use is not a permitted use shall be deemed the displacement of a permitted use by a nonconforming use. 

(6)    A nonconforming use which has been discontinued for a continuous period of 12 months or more or which is replaced for any period by a permitted use shall be deemed to have been abandoned and shall not be resumed. 

(7)    A building which is utilized for a nonconforming use shall not be enlarged or otherwise changed unless, after such enlargement or other change, such building is utilized for a permitted use. 

(8)    Damages to nonconforming use. 

(a)     In the event that a building which is utilized for a nonconforming use is damaged by fire or other casualty, upon the filing of an application for a building permit for the repair, rebuilding or reconstruction (hereinafter called “restoration”) of such building, the Board of Trustees shall determine the extent of such damage in terms of the current cost of such restoration as a percentage of the current cost for replacement of the entire structure (hereinafter referred to as the “damage percentage”), and such determination shall be conclusive. 

(b)     If the damage percentage is greater than 40%, no restoration of such building shall be made unless, after such restoration, such building and the use thereof will conform to all of the provisions of this chapter. In such case, the owner of such building shall furnish to the Board of Trustees a declaration, in recordable form, to the effect that such nonconforming use has been abandoned. 

(c)     If the damage percentage is 40% or less, restoration of such building may be done, provided that such building, after such restoration, shall not exceed the height, building area, floor area, volume and other dimensions of such building as existing prior to such damage and shall not increase any encroachment of such building into yards as existing prior to such damage. Failure of the owner to apply, within 6 months after such casualty, for a building permit for such restoration or to commence such restoration (pursuant to a permit) within 9 months after such casualty and to prosecute such restoration diligently and without interruption shall be deemed an abandonment of such nonconforming use. 

(d)    The Board of Trustees may, in its discretion, appoint a licensed architect or licensed professional engineer to advise the Board in regard to its determination of the damage percentage, and in such event, the reasonable fees of such architect or engineer shall be paid by the owner of such building in addition to any other fees or charges provided for in this Code.     

C.     Nonconforming lots. 

(1)    No lot shall be subdivided so as to create any new lot which does not conform or so that the building or buildings on such new lots do not conform to the requirements of this chapter with regard to area, depth, street frontage, front yard, rear yard, side yard or other dimensional aspect. 

(2)    Nothing in this chapter shall be deemed to prohibit the establishment of a permitted use or the erection of a building on a lot which has less than the minimum lot area, street frontage or width required by this chapter, provided that: 

(a)     The ownership of such lot was different from the ownership of all adjoining lots at the effective date of the earliest provision of this chapter which established such deficiency. (In making a determination as to the existence or nonexistence of such diverse ownership, the Board of Trustees may utilize the services of an abstract company or title company, and in such event, the reasonable fees and expenses of such company for such services shall be paid by the owner of such lot, in addition to any other charges provided for by this Code.) 

(b)     In the case of the proposed erection of a building on such lot, it was lawful to erect a building on such lot immediately prior to such effective date, and such lot and the building to be erected thereon will comply with the requirements of this chapter in all other respects.       

§ 140-39.  Abandonment. [2]

When a change of zone is made to permit the use of property for a particular project, in the event of the abandonment of such project, the Board of Trustees may after public hearing restore the property to its former zoning district or such other district as it may determine. The failure to obtain building permits within 1 year of the date of change of the zone, or the failure to complete the project within 2 years after issuance of building permits may be deemed to be an abandonment. 

§ 140-40.  Petition fee. [Amended 9-12-1988 by L.L. No. 2-1988; 4-2-2001 by L.L. No. 3-2001; 5-3-2004 by L.L. No. 1-2004]

The applicant for a proposed change in the Zoning Map of this chapter shall be responsible for the payment of all fees set forth in the Schedule of Fees and Payments maintained by the Village Clerk. 


[1].  Editor's Note: Former Section 5.1, membership, which immediately followed this section, was deleted 5-3-2004 by L.L. No. 1-2004.

[2].  Editor's Note: Former Sections 7.0 through 7.6, regarding method of amendment, which immediately preceded this section, were deleted 5-3-2004 by L.L. No. 1-2004.