Baxter Estates City Zoning Code
ARTICLE II
Residence A Districts
§ 175-5 Applicability.
The provisions of this article shall apply in a Residence A District.
§ 175-6 Permitted uses.
A building may be erected, altered or used, and a lot or premises may be used for any of the purposes set forth in this section and for no other:
A.
A single-family detached dwelling.
B.
A regularly organized institution of learning approved by the State Board of Regents and supported by public funds.
C.
A public library, public art gallery, public museum, municipal or volunteer firehouse, municipal park for recreational use, railway passenger station.
D.
A church or other building used exclusively for religious purposes.
E.
A parish house or parochial school.
F.
Agriculture, provided there is no display of harvested products for sale and no advertising on premises.
I.
A private garage, detached or attached or within the main building.
K.
A professional office or studio of a doctor, dentist, lawyer, teacher, artist, architect, engineer, accountant or musician, provided the office or studio is located in the dwelling in which said professional person resides, and provided there is no display of advertising except a small professional plate as provided in Article VI, § 175-60A(1).
§ 175-7 Parking and storage of commercial vehicles.
[Added 1-6-2003 by L.L. No. 2-2003]
A. COMMERCIAL VEHICLE RESIDENTIAL PROPERTY
Definitions. As used in this section, the following terms shall have the meanings indicated:
Includes every type of motor vehicle used on the highways for commercial purposes, including the transporting of goods, wares, merchandise, passengers, or service personnel and equipment, and every vehicle which bears one of the following types of registration plates issued by the State of New York, or any equivalent or analogous designations on vehicle registration plates issued by other jurisdictions: bus, taxi, T&LC, farm, livery, school, tow truck, tractor-trailer or commercial.
Any lot, piece or parcel of real property located within the Residential A or the Residential F Zoning Districts of the Village.
B.
No commercial vehicle shall be stored or parked on any residential property within the Village. It shall be an affirmative defense in any prosecution for a violation of this section that:
(1)
It was reasonable or necessary for the vehicle to be parked at the subject residential property while the vehicle operator was actually engaged in either the loading or the unloading of the vehicle at the subject residential property; or
(2)
It was reasonable or necessary for the vehicle to be parked at the subject residential property while the vehicle operator was actually engaged in performing services on the subject residential property, or improvements thereon, or performing services of a residential nature for a resident of the subject residential property.
C.
No commercial vehicle shall be serviced at any time on any residential property within the Village, or on a public highway which is immediately adjacent to any residential property within the Village. It shall be an affirmative defense in any prosecution for a violation of this section that such service was reasonable or necessarily required before such vehicle could be safely moved to a permitted location.
D.
No commercial vehicles shall be washed or otherwise cleaned at any time on any residential property within the Village or on a public highway that is immediately adjacent to any residential property within the Village.
§ 175-8 Height of buildings.
[Amended 10-15-2007 by L.L. No. 5-2007]
A.
In the case of a single-family dwelling, no building shall exceed 2 ½ stories, with a maximum height of 30 feet, measured from average preexisting ground level to the highest ridge on the roof, or, with respect to a flat roof, to the highest point of a flat roof.
B.
No single-family dwelling shall have a horizontal eaves fascia height greater than 22 feet measured vertically from the finished ground level along the building facade to the top of the roof eaves.
C.
For purposes of this section, the basement or cellar, as defined in § 175-92 of the Code, in any building subject to this section shall be deemed a story if the exposed sublevel is at least four feet in height.
D.
The height of any building that is neither a single-family dwelling, nor a building or a structure that is accessory to a single-family dwelling, shall not exceed three stories, with a maximum height of 45 feet, measured from average preexisting ground level to the highest ridge on the roof, or, with respect to a flat roof, to the highest point of a flat roof.
§ 175-9 Lot area; street frontage; floor area ratio.
[Amended 4-5-1965; 1-10-1967; 6-14-1991 by L.L. No. 1-1991; 10-15-2007 by L.L. No. 5-2007]
A.
No dwelling or other building shall be constructed on a lot containing an area of less than 8,500 square feet or having a street frontage of less than 85 feet.
B.
Total floor area shall not exceed:
(1)
Thirty-six percent of the lot area, where lot area is equal to or less than 10,000 square feet; or
(2)
Thirty-three percent of the lot area, where lot area is greater than 10,000 square feet but not greater than 16,000 square feet; or
(3)
Thirty-one percent of the lot area, where lot area is greater than 16,000 square feet.
C.
The portion of the total floor area for any dwelling allocable to the attic of such dwelling shall not exceed 35% of such total floor area, with respect to a residence that has one story, or 25% of such total floor area with respect to a residence that has more than one story.
§ 175-10 Building area.
The building area shall not exceed 25% of the lot area.
§ 175-11 Habitable floor area; ground coverage.
[Amended 12-13-1960; 12-13-1966]
No dwelling shall be erected unless it has a habitable floor area (as defined in § 175-92, as amended) of at least 1,600 square feet, and a ground coverage of at least 800 square feet.
§ 175-12 Front yards.
A.
Unless the main building on the lot is controlled by Subsection C, there shall be a front yard, the depth of which shall be not less than 35 feet.
B.
On a corner lot a front yard shall be required on each street and, unless the building is controlled by Subsection C, the front yard on the narrower street frontage shall be not less than 35 feet in depth and the other front yard shall be not less than 30 feet in depth; and if the street frontages are equal, a minimum front yard of 35 feet shall be required on each street front.
C.
The minimum front yard depth shall be the same as the average front yard depth of the existing buildings within 200 feet on each side of the lot and within the same block front and district. No front yard shall be required to have a depth greater than 50 feet.
§ 175-13 Side yards.
[Amended 1-10-1967; 10-15-2007 by L.L. No. 5-2007]
A.
A single-family dwelling on an interior lot shall have two side yards, one on each side of the main building, the aggregate width of which shall be not less than 25% of the width of the lot, but in no case shall the width of any side yard be less than the greater of 15 feet; or that distance which, when added to the actual distance between the property line shared with the abutting lot and the closest point of any dwelling on the abutting lot (defined for purposes of this section as the actual abutting residential lot setback), equals 30 feet.
B.
A single-family dwelling on a corner lot shall have only one side yard abutting an interior lot adjacent thereto. The minimum width of said side yard shall be the greater of 15 feet; or that distance which, when added to the actual abutting residential lot setback, if any, equals 30 feet. The other yard fronting on the street of such corner lot, regardless of how same may be used or perceived, shall be deemed for purposes of this Code as a front yard and shall conform to the provisions of § 175-12B.
C.
A main building other than a single-family dwelling on an interior lot shall have two side yards, each having a minimum width equal to the greater of 15 feet, or that distance which, when added to the actual abutting residential lot setback, if any, equals 30 feet, provided, that if such building is over 35 feet in height, the width of each side yard shall be not less than the greater of 20 feet, or that distance which, when added to the actual abutting residential lot setback, if any, equals 35 feet.
D.
A main building other than a single-family dwelling on a corner lot shall have two front yards, both of which shall conform to the provisions of § 175-12B. The minimum width of the remaining side yard shall be equal to the greater of 15 feet; or that distance which, when added to the actual abutting residential lot setback, if any, equals 30 feet, provided, that if such building is over 35 feet in height, the width of such side yard shall be not less than the greater of 20 feet; or that distance which, when added to the actual abutting residential lot setback, if any, equals 35 feet.
§ 175-14 Rear yards.
[Amended 10-15-2007 by L.L. No. 5-2007]
There shall be a rear yard, the depth of which shall be not less than 20 feet.
§ 175-15 Permitted encroachments.
A.
Encroachments into required yards are hereby permitted as provided in this section only.
(1)
Cornices, eaves and gutters projecting not more than 24 inches; chimneys or bay windows not more than six feet in length and projecting not more than 24 inches.
(2)
One-story open porches and terraces projecting not more than five feet into a minimum front yard.
(3)
A one-story enclosed vestibule not greater than six feet in width and five feet in depth, extending into a minimum front yard.
B.
In any case where the Board of Appeals has diminished a required yard by a variance, none of the foregoing encroachments shall be permitted in such diminished yard.
§ 175-16 Accessory structures.
A.
No fence shall be permitted in a front yard. No fence in a side or rear yard shall exceed a height of four feet above the existing grade at the base thereof. The provisions of this subsection shall not apply to hedges or other shrubbery which are not limited in height, except as provided in Article VII, § 175-65 hereof. All fences must have the good side facing the adjoining property and be on or within the property line.
[Amended by L.L. No. 1-1998]
B.
Retaining walls shall not extend above the surface of the ground which they support. Retaining walls may be located in any yard, and shall not be subject to any restrictions contained in this chapter requiring a distance between any structure and a property line.
[Amended 11-3-2011 by L.L. No. 2-2011]
C.
Stationary outdoor fireplaces shall be at least 10 feet distant from side and rear property lines and shall not exceed five feet in height.
D.
Pergolas shall not exceed 10 feet in height.
E.
Other accessory structures not mentioned herein shall be located in accordance with the requirements for accessory buildings as provided in § 175-17.
[Amended 10-15-2007 by L.L. No. 5-2007]
F.
Central air-conditioning units and electric generating units may be installed outside of a dwelling only to the extent the location thereof satisfies each of the following restrictions:
[Added 6-5-2006 by L.L. No. 1-2006]
(1)
Such units shall not be located within a front yard.
(2)
Such units shall not be located within 12 feet of any property line.
(3)
Such units shall at all times be in compliance with the provisions of Chapter 136 of the Village Code, entitled Noise, or any successor provisions thereto.
(4)
Sound attenuation panels and landscaped screening shall be provided and maintained to reduce, to the extent practicable, the adverse impacts of the noise and visibility of such units upon adjacent properties, in a manner reasonably satisfactory to the Village Superintendent of Buildings.
[Amended 3-7-2019 by L.L. No. 1-2019]
§ 175-17 Accessory buildings.
A.
Accessory buildings and/or structures, except as otherwise provided in this article, shall not be over 15 feet in height at their highest point and shall not occupy more than 40% of the area of the rear yard. The yard area occupied by an accessory building or structure shall be included in computing the maximum percentage of the lot area which may be utilized for building.
B.
Unless otherwise provided in this article, each accessory building and/or structure shall be located in the rear yard and shall be not less than 10 feet distant from the main building and not less than three feet distant from the side and rear property lines.
[Amended 10-15-2007 by L.L. No. 5-2007; 11-3-2011 by L.L. No. 2-2011]
D.
No accessory building or structure, with the exception of fences no more than four feet in height, or retaining walls, shall be erected within 20 feet of a building used for residence purposes on an adjoining lot.
§ 175-18 Outdoor water pools.
[Added 6-9-1964; amended 7-9-1968]
A.
Outdoor water pools, of any kind, may be installed or maintained in any Residence A District only as an accessory structure to a residence for the private use of the owner or occupants of such residence and their families and guests, and only in accordance with all of the provisions of this chapter.
[Amended 9-19-2005 by L.L. No. 1-2005]
B.
Outdoor water pools shall, for the purposes of this chapter, be construed to mean any pool, permanent or portable, tank, depression or excavation in any material, dike or berm constructed, erected, excavated or maintained which will permit the retaining of water to a depth greater than 18 inches and having a 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.
C.
No pool, permanent or portable, shall be used, installed or maintained as authorized in Subsection A, except on the following conditions:
(1)
A permit shall be obtained from the Building Department of the Village of Baxter Estates for the construction, maintenance and operation of any pool, existing or proposed. No permission shall be granted for the installation of any pool unless the plans therefor meet the approval of the Building Department construction requirements nor until the owner of the premises has filed with the Building Department a certification approved by a professional engineer licensed by the State of New York that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities, abutting properties or with the public highways.
(2)
Applications for permits shall include complete plans indicating the location of the pool on the plot, with all distances to buildings and property lines; and all methods and materials to be used for construction and means for drainage and filling. Existing pools need not file construction plans except for plot plans. All outdoor water pools must be equipped with suitable ladders or stairs for ingress and egress, and with at least one life ring accessible and large enough to support an adult in the water.
[Amended 9-19-2005 by L.L. No. 1-2005]
(3)
Permits shall be granted for such period of time as the Board of Trustees shall establish from time to time, by resolution duly adopted by the Board, and shall be renewable on application and proof of compliance with all existing provisions of this chapter.
[Amended 1-5-2012 by L.L. No. 2-2012]
(4)
Anything in this chapter to the contrary notwithstanding, there shall be erected and maintained a good-quality, close-woven stockade, close-woven wire or chain-link fence four feet in height, enclosing the entire portion of the premises upon which such pool shall be installed and entirely surrounding the area in which such pool is located. Any wire fence shall be constructed of not less than Number 13 gauge galvanized wire with no greater than a one-inch mesh or of not less than Number 11 gauge wire with no greater than a two-inch mesh. If some other type of fencing than that specified above is preferred, plans and specifications thereof may be submitted for the approval of the Superintendent of Buildings. In evaluating such request for approval, the Superintendent of Buildings shall give due consideration to the adequacy and durability of the proposed fence to ensure the safety and welfare of the general public. No fences for pool areas may extend beyond the property lines of the subject property or into the adjoining property. Every gate or other opening in the fence enclosing such pool, except an opening through the dwelling or other main building of the premises, shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at such pool and shall be equipped with self-closing and self-locking devices. A maintenance area of 10 feet, minimum, shall be maintained between the pool fencing and the sidewalls of the pool.
[Amended 3-7-2019 by L.L. No. 1-2019]
(5)
Pools shall be permitted in the rear yards only, one pool per premises.
(6)
Pools shall not be installed less than 10 feet from rear and side lot lines.
(7)
Such pool area shall not occupy more than 50% of the open area of the rear yard.
(8)
If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system. The inlet shall be above the overflow level of the pool. 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 relating to public swimming pools.
(9)
Pools shall be completely drained in winter or provided with tight-fitting covers that satisfy the requirements for pool covers set forth in Section 303.3.9(9.1) of the Property Maintenance Code of New York State, as amended from time to time, or any successor provision thereto.
[Amended 10-15-2007 by L.L. No. 5-2007]
D.
Anything aforesaid notwithstanding, portable swimming pools of a size capable of retaining water to a depth not greater than 18 inches, or which have a plane surface area of water not greater than 100 square feet, shall not be required to comply with the provisions of Subsection C hereof, provided that 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 removed from all property lines a minimum distance of five feet. The minimum distance to the house shall be 10 feet.
(3)
The pool shall be equipped with a cover approved by the Building Department 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)
The water left in the pool shall be drained whenever the residence it serves is left unattended for a period in excess of 48 hours.
(5)
Provisions shall be made on the premises for drainage of water from the pool.
(6)
The pool shall be treated in such manner as to maintain the bacterial standards satisfactory to the Nassau County Department of Health.
(7)
Access to the pool, if by means of ladder or stairs, shall be removed when the pool is unattended or secured by self-closing, locked gates.
E.
No loudspeaker device which can be heard beyond the property line of the premises in which any pool has been installed may be operated in connection with such pool, nor may lighting be installed therewith which shall throw any rays beyond the property lines. No loudspeaker device of any type shall be operated after 10:00 p.m. or before 8:00 a.m.
F.
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 Department of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.
G.
The fee for the issuance of the permit referred to in Subsection C hereof and the fee for a renewal of a permit shall be as set from time to time by resolution of the Board of Trustees. In each case, the fee shall accompany the application.
[Amended 9-19-2005 by L.L. No. 1-2005]
H.
Existing pools.
(1)
In the event that a pool, in existence at the effective date of this section, does not conform with the provisions of Subsection C(4), (6) or (7) hereof, the application for the permit for such pool shall be referred to the Superintendent of Buildings, who shall have the right to issue or refuse to issue the permit after consideration of the reasons why such pool fails to conform and the effect thereof upon public health, safety and general welfare. The Superintendent of Buildings shall have the authority to issue a permit in such a case upon such conditions and subject to such restrictions as he may deem to be in the best interests of public health, safety and general welfare. In any event, no such pool, or the fencing therefor, may be replaced, altered, reconstructed or rebuilt except in conformity with the provisions of this chapter. The Superintendent of Buildings shall issue or refuse to issue each permit applied for within 30 days after application therefor. The applicant may appeal any adverse action by the Superintendent of Buildings at any regular meeting of the Board of Trustees, provided notice of such appeal shall have been sent to the Village Clerk and the Superintendent of Buildings at least 10 days prior to such meeting. After hearing the applicant and the Superintendent of Buildings, the Board shall render its decision and such decision shall be recorded in the minutes of the Board for that meeting.
[Amended 3-7-2019 by L.L. No. 1-2019]
(2)
In the event that a pool, in existence at the effective date of this section, does not conform with the provisions hereof, the Superintendent of Buildings, in his discretion, may issue a temporary permit for the use thereof pending the completion of the work necessary to bring such pool into conformity with the provisions of this section, or pending the outcome of an application or appeal under Subsection H(1) hereof. In exercising his discretion, the Superintendent of Buildings shall consider the time it will take to complete such work and the effect of the failure of such pool to conform on public health, safety and general welfare. The decision of the Superintendent of Buildings with respect to temporary permits shall be final.
[Amended 3-7-2019 by L.L. No. 1-2019]
§ 175-18.1 Impervious surface.
§ 175-18.2 Restrictions on use of roof area.
[Added 3-2-2022 by L.L. No. 1-2022]
Except as hereinafter provided, no open porch shall extend from the roof of any building, and no roof area on any building shall be used as habitable space or as outdoor recreational space or for any purpose that involves the presence of any person on such roof, except for construction, maintenance and repair purposes; provided, however, that nothing herein shall restrict the use for outdoor recreational space of any flat roof over a one-story garage that is attached to a two-story building, or any open porch projecting from the outside wall of a building on the first or second story of the building.