Bayville City Zoning Code
ARTICLE XIII
Regulations Applicable to All Districts
§ 80-59 Subdivision; merger of abutting lots.
[Amended 5-20-2010 by L.L. No. 1-2010]
A.
Subdivision of plots. No plot or parcel of land shall be sold, divided or set off in such a manner that either any portion sold, divided or set off, or any portion remaining, shall fail to comply with the minimum lot area, open space, yard and other requirements of this chapter applicable to the zoning district in which such land is situated.
B.
Merger of lots.
(1)
Wherever two or more abutting lots are under common ownership, and one or more thereof are legally nonconforming with respect to any provision of this chapter applicable thereto, such lots shall be deemed to have merged into a single lot to the extent required to establish each such lot as a conforming lot, or to reduce the amount of nonconformity with respect to any such abutting lots.
(2)
Wherever two or more abutting lots, including any abutting lots that were the subject of Village of Bayville Local Law No. 11-1985 and Local Law No. 12-1985, are used jointly for a single purpose, or otherwise in such manner that any lot materially enhances the value or utility of an abutting lot, or wherever an unimproved lot is used in conjunction with an abutting improved lot, such abutting lots shall be deemed merged to constitute a single lot.
(3)
Wherever an unimproved building lot abuts an improved building lot, both of which are under common ownership and are legally nonconforming with respect to any provision of this chapter applicable thereto, such lots shall be deemed to have merged into a single lot.
(4)
With respect to any unimproved, nonconforming building lots that were the subject of Village of Bayville Local Law No. 11-1985, and which, pursuant thereto and to Local Law No. 12-1985, continue to constitute buildable lots by satisfying the conditions contained in said Local Law No. 11-1985 and Local Law No. 12-1985, any residence constructed on any such unimproved, nonconforming building lot shall satisfy all of the requirements of this chapter for the zoning district in which such unimproved, nonconforming building lot is located, as same may be amended from time to time, including, without limitation, regulations pertaining to bulk and to detached garages, accessory buildings and structures; provided, however, that those provisions of this chapter relating to lot size, street frontage and lot width for the zoning district in which such unimproved, nonconforming lot is located shall not be applicable to such lot except to the extent required under Local Law No. 11-1985 and Local Law No. 12-1985.
§ 80-60 Supplementary area and height provisions.
[Amended 2-11-2002 by L.L. No. 3-2002; 5-20-2010 by L.L. No. 1-2010; 4-28-2025 by L.L. No. 1-2025]
A.
Determination of maximum height of buildings.
(1)
The maximum height of a building, shall be measured from the average finished grade or existing natural undisturbed grade, whichever is lower at the perimeter of the building to the highest point of the roof, excluding chimneys.
(2)
In flood hazard areas, notwithstanding any provision of this chapter or any other applicable provision of the law to the contrary, no building permit shall be denied for violation of any height or story requirement set forth in this chapter, provided there shall be no greater than two habitable stories and the Building Inspector determines that:
(a)
The building permit application seeks permission for construction at an existing or new building located within a special flood hazard area;
(b)
The waiver of the violation of the height or story restriction is necessary in order just to comply with the elevation standards and requirements of the Federal Emergency Management Agency (FEMA) in the administration of the National Flood Insurance Program (NFIP); and
(c)
The proposed height is not greater than 29 1/2 feet above the applicable base flood elevation plus the required freeboard as such is stated in the New York State Uniform Fire Prevention and Building Code.
B.
Minimum height requirement. For the purpose of determining the minimum height requirement of a building, the height of a side wall of a building shall not be less than seven feet six inches from finished floor to finished ceiling, and the roof shall have a pitch of not less than four inches per foot.
C.
Flat roofs are prohibited in all districts.
D.
Permitted projections or encroachments. Setbacks of buildings and sizes of yards, wherever required in this chapter and except as otherwise specifically provided herein, shall be the distance from the lot line to the nearest exterior finished wall of the building, which shall include the foundation wall of any attached garage, open or enclosed porch, and all other projections, except that the following shall be permitted, notwithstanding their encroachment into a minimum required setback:
(1)
Window wells extending not more than four feet from the main foundation wall, and unenclosed entrance steps extending not more than four feet from the main foundation wall.
(2)
Chimneys that project into required side and rear yards by not more than 24 inches, and that are not more than six feet in width.
(3)
Eaves, gutters or downspouts that project not more than 18 inches into any yard.
(4)
Bay and bow windows that project not more than 24 inches into any required front or rear yard; that are installed in a rough opening not more than 10 feet in width, not higher than one story; that are installed only on the first floor above grade; and for which window sills shall be a minimum of 18 inches above the finished floor; provided, however, that bay and bow windows, even if they satisfy each such condition, shall not be permitted encroachments into any side yards.
(5)
Electrical heating, ventilating or air conditioning (HVAC) units (only if screened with dense evergreen plantings or solid fencing), and any other electrical mechanical system, or surface water heating system, shall be permitted to project no more than four feet into any side yard or six feet into any rear yard, but not nearer than three feet from any property line.
[Added 8-22-2022 by L.L. No. 3-2022[1]]
(6)
Internal combustion generators (only if screened with dense evergreen plantings or solid fencing) shall be permitted to project no more than eight feet into a side or rear yard, but not nearer than six feet from any property line.
[Added 8-22-2022 by L.L. No. 3-2022]
(7)
To the extent that any building or structure lawfully encroaches into a required minimum yard due to either the grant of a variance with respect thereto granted by the Board of Appeals, or as a preexisting, nonconforming building or structure, none of the foregoing encroachments shall be permitted in such diminished yard unless a variance is granted therefor by the Board of Appeals.
E.
Maximum height requirements. No new structure or building, or modification to any existing structure or building, shall result in a structure or building exceeding 2 1/2 stories, or 28 feet in height, as measured from average ground level, measured at the perimeter of such building or structure. The maximum measurement from the top of the foundation to the underside of the eaves shall not exceed 20 feet.
F.
No building or structure shall contain fixed or permanent stairs for accessing attic space. Only retractable, pull-down stairs shall be permitted to access attic space in any building or structure.
G.
A greenhouse or utility shed may be erected in a rear yard, provided that such shed or greenhouse does not exceed 120 square feet of floor area, does not exceed nine feet in height, including any exposed portions of the foundation above grade, and shall be located at least three feet from any lot line, and at least 10 feet from the primary residence. A shed shall not be used for the storage of any items other than normal household goods and gardening equipment. A greenhouse shall not be used for any use other than the cultivating of plants. No lot shall contain more than one shed. No lot shall contain more than one greenhouse.
H.
Pergolas attached or detached from any dwelling or accessory building shall not exceed 10 feet in height, measured from the average ground level along the perimeter of such structure.
I.
Calculation of floor area. For the purpose of calculating floor area to meet the minimum floor area requirements of the various zoning districts, with respect only to split-level residences, the floor areas of the first two levels above the grade floor shall be considered part of the ground floor.
§ 80-61 Fences; visibility at street intersections and mailboxes.
[Amended 5-20-2010 by L.L. No. 1-2010; 8-22-2022 by L.L. No. 3-2022; 4-28-2025 by L.L. No. 1-2025]
A.
It shall be unlawful to construct or commence the construction of a fence upon or within any lot line on any lot within the Village without first filing a written application for and obtaining from the Village a duly issued fence permit.
B.
Fences may consist only of woven wire, woven board, pickets, board or PVC.
C.
Fence height shall be measured from the natural grade along the base to the top thereof, except that any fence post finial less than four inches long shall not be calculated in the maximum fence height measurement.
D.
Permitted fences serving as a boundary enclosing any rear yard shall not exceed six feet in height. Permitted fences serving as a side or front yard boundary shall not exceed four feet in height along the side lot line starting at the point that aligns with the rear yard setback line and continues toward, and along, the front lot line.
E.
Any fence or portion thereof erected upon any property line, or in any yard, abutting any road or highway, shall not exceed 2 1/2 feet in height at any point within a radius of 30 feet from the corner formed by any intersecting roads or highways.
F.
A fence erected within, or upon any lot line of, a parcel greater than 40,000 square feet, and having not less than 150 feet of street frontage, or a fence separating a business-zoned parcel from a residential-zoned parcel, may exceed the maximum height restrictions set forth in this section, to the extent permitted by the Board of Trustees, with such conditions as are deemed appropriate by the Board of Trustees, upon application therefor to such Board.
G.
Notwithstanding any contrary provisions contained herein, the maximum height of any fence consisting of concrete, stone, cinder block or other solid material shall not exceed four feet in height at any point, and shall not exceed 2 1/2 feet in height at any point within a radius of 30 feet from the corner formed by any intersecting roads or highways.
H.
Notwithstanding any contrary provisions contained herein, any sump located in or on any lot within the Village shall be enclosed by a woven wire or chain link fence not less than eight feet in height.
I.
All fences shall be constructed so that the finished side faces any lot, street, road or public right-of-way abutting the premises upon which such fence is constructed. Without limiting the foregoing, no supports, posts or bracing shall be placed on the side of the fence that faces any abutting lot, street, road or public right-of-way, except fences with integral fence posts that appear the same on both sides of the fence. No fence shall project beyond any property line. No barbed wire, concertina wire or similar or other pointed or sharp-edged wire is permitted without special permit therefor issued by the Board of Trustees, upon application therefor to such Board.
J.
Where there is a question of judgment as to whether the lot line along which a fence is installed, or proposed to be installed, is a side lot line or a rear lot line, there shall be a presumption that same is a side lot line for which the maximum fence height is four feet.
§ 80-61.1 Visibility at street intersections.
[Added 4-28-2025 by L.L. No. 1-2025]
On a corner lot, no fence, wall, hedge, or other structure or planting, more than 2.5 feet in height, shall be erected, placed or maintained within the triangular area formed by measuring from the point of intersection of the lines that extend from either edge of the curb line or edge of asphalt whichever is closer to the street lines to distances of 20 feet connecting the points so established. The height of 2.5 feet shall be measured above the road surface nearest to either street line. This section shall not apply to existing trees, with no branches closer than six feet to the ground, utility poles and preexisting street entrance piers. (See diagram below).
Visibility at Intersections Diagram  |
§ 80-61.2 Mailboxes.
[Added 4-28-2025 by L.L. No. 1-2025]
A.
Mailboxes placed close enough to the edge of the street pavement to facilitate mail delivery according to postal regulations are permitted in the right-of-way of the street abutting the front yard of a lot.
B.
Mailbox support structures and the mailbox shall not exceed 24 inches in any horizontal dimension and 66 inches in total height.
§ 80-62 Excavations.
A.
The development or improvement of any lot, plot or parcel shall be in reasonable conformity to existing topography so as to minimize grading, cut and fill, to retain the natural contours of the land, limit stormwater runoff and to conserve the natural cover and soil. Except as necessary in excavation for the construction of a driveway, walk, a permitted wall or building or part thereof or accessory thereto, or for such grading as may be necessary to create a street consistent with sound engineering principles, no excess topsoil, sand or gravel shall be disposed of outside the boundaries of the parcel except upon approval of the Board of Trustees of the Village. Topsoil so removed shall be restored to a depth of six inches and properly seeded and fertilized on the areas of such lots not occupied by buildings or structures.
B.
Any subdivision plat which provides for establishment of new, reduced grades or elevations of the property shown thereon to the extent of 10% or more of the total acreage of such plat shall conclusively be deemed also to be a plan to use such property for the excavation or removal of trees, topsoil or other natural earth, sand, gravel, mineral or other materials, and such use is hereby prohibited.
C.
Existing natural features which enhance the attractiveness of the site and which would add value to the Village as a whole, such as trees, watercourses and similar irreplaceable assets, shall be preserved so far as possible by harmonious design of the lot or parcel, including a subdivision.
§ 80-63 Animals.
A.
In any use district, no premises may be used and no structure may be erected or maintained for the harboring of swine, goats, sheep, lambs, horses, ponies, donkeys, cattle or animals of like import, except when permitted as a special exception by the Board of Appeals.
B.
In any use district, no premises may be used or occupied and no structure may be erected or maintained for the harboring of any dangerous or obnoxious animal which is wild in its rural habitat.
§ 80-64 Public garages.
A.
No public garage or service station shall be permitted if any part of the lot or plot on which it is located is situated within a radius of 200 feet of or within any portion of a street between two intersecting streets in which portion there exists:
(1)
A public school.
(2)
A duly organized school, other than a public school, conducted for children under 18 years of age and giving regular instruction at least five days a week for eight months or more in the year.
(3)
A hospital.
(4)
A church.
(5)
A public library.
(6)
A public art museum.
(7)
A theater containing 300 seats.
(8)
A public garage or service station.
B.
No public garage or gasoline station shall be permitted in the Business District except with the permission of the Board of Trustees after a public hearing upon the same, notice of which shall be given to adjacent property owners.
C.
No public garage or gasoline station shall be permitted in the Park District, a residential district, or within a radius of 250 feet of a residential lot or lots.
§ 80-65 Trailers and trailer camps.
A.
Trailer camps or the maintenance of more than one trailer upon any piece of land in a single ownership is hereby prohibited in any district within the Incorporated Village of Bayville and no owner or lessee of property within said Village shall permit the use of his or her land in violation of this section.
§ 80-66 Accesory dwellings.
[Amended 4-28-2025 by L.L. No. 1-2025]
No separate accessory dwelling/residence use shall be permitted in any accessory building, cellar or basement.
§ 80-66.1 Transient rental of dwellings in all residence districts.
[Added 4-22-2019 by L.L. No. 1-2019]
Transient rental, or licensing, or the advertisement thereof by any means, by an owner or long-term tenant for the use of a single-family or two-family dwelling or a portion thereof located in any residence district for a term of less than 14 days while the owner or long-term tenant does not occupy the premises is prohibited.
§ 80-67 Motor vehicle parking and storage in residence districts.
[Amended 4-28-2025 by L.L. No. 1-2025]
A.
In residence districts, storage may be provided on any lot for not more than six motor vehicles, housed or rmhoused. Only one of these may be a commercial or recreational motor vehicle, except that space for one addifional recreafional motor vehicle may be provided for each 5,000 square feet of area by which the lot exceeds 3,200 square feet. AU vehicles shall be stored on a paved surface.
B.
No construction equipment and no vehicle having a gross vehicle or gross combination weight in excess of 10,000 pounds shall be parked or stored in any residential district.
C.
No front yard, exclusive of paved driveways, shall be used for the open air parking or storage of any motor vehicle in residence districts.
D.
No person shall establish, conduct or maintain any parking place for which a charge is made to accommodate automobiles or other vehicles, or which is connected with any business, trade, occupation or other activity for profit or to which the general public is invited or permitted to enter, upon any property situated in any residence district, and no owner, lessee or occupant of such property shall permit the use of the same in violation of this section, except that parking facilities may be provided, under the terms of this chapter, for a doctor's office or other permitted use.