Briarcliff Manor Town
City Zoning Code
City Zoning Code
§ 220-8
Regulation of tennis courts and sports courts.
[Amended 10-10-2019 by L.L. No. 5-2019]
A.
Statement of purpose. The Board of Trustees recognizes that the regulation of the establishment, construction and operation of noncommercial private outside tennis courts and sports courts is a matter of public importance, primarily as it concerns the problems of noise, aesthetics, stormwater runoff and the depreciation of property values by reason of improperly installed or maintained courts or courts placed in undesirable locations. This section shall be read and construed under the authority granted by § 7-700 of the Village Law.
B.
For the purposes of this Chapter 220, "sports court" refers to any accessory use outdoor recreational facility used for the play of outdoor sports, having a floor area less than that of a tennis court as defined in § 220-2, including but not limited to platform tennis, paddleball, pickle ball, handball, ice or floor hockey, and basketball. A driveway on which a basketball hoop is erected shall not be considered a sports court.
C.
Standards. A tennis court or sports court may be permitted only as an accessory use to a single-family residence or dwelling and only for use by residents of the premises and their guests, without charge for admissions and not for the purpose of profit, subject to the following provisions and restrictions:
(2)
The minimum distance from the outer perimeter of any tennis court or sports court to any lot line shall be 40 feet and the minimum distance to the principal building shall be 25 feet.
(3)
Any fence surrounding a tennis court or a sports court shall not exceed 12 feet in height.
(4)
No tennis court or sports court shall be fully enclosed except by fencing.
(5)
No tennis court or sports court shall be permitted in a front yard.
(6)
No excavation or movement of more than 200 cubic yards of soil shall be permitted to establish a site for the installation of any tennis court or sports court.
(7)
Provision shall be made for drainage such that the flow of water runoff will not be increased or channeled onto adjoining properties.
(8)
A buffer screening area of at least 10 feet in width and within 25 feet of the perimeter of any tennis court or sports court shall be provided between the tennis court or sports court and any lot line in a residence district; however, no buffer screening area will be required between the tennis court or sports court and the principal building on the lot, unless necessary to screen the tennis court or sports court from adjoining properties. This requirement may be modified in situations where it is determined that large distances, topographic features, or existing vegetation satisfy the same purposes. The Building Inspector shall make this determination with the concurrence of the Village Engineer. Where such a buffer area is required, it shall meet the following standards:
(a)
Evergreens of such type, height, spacing and arrangement as will reasonably screen the activity involved from the neighboring residential area shall be planted, but in no event shall the evergreens be less than six feet in height. Nonevergreen planting may supplement evergreen planting but shall not take its place.
(b)
The plan and specifications for such planting shall be filed with the building permit request.
(c)
Required planting shall be properly trimmed and maintained in healthy growing conditions at all times.
(9)
No loudspeaker device or illumination of any kind shall be installed at, or operated in connection with, any tennis court or sports court.
(10)
A tennis court or sports court shall not be located nearer to any existing principal building on adjoining property than the court is to the principal building of the property on which the court is located; provided, however, that this restriction shall not be applicable if the sports court is located at least 50 feet from the lot line between such adjoining property.
D.
Coordination and administration.
(1)
Tennis courts and sports courts shall be considered to be structures for the purpose of compliance with all provisions of Village laws and ordinances, including, but not limited to, Chapter 115, Excavations, Chapter 131, Freshwater Wetlands, Chapter 184, Stormwater, Drainage, Erosion and Water Pollution Control, and Chapter 90, Building Construction, of the Code of the Village of Briarcliff Manor, and in the construction, design and operation of such courts, all such laws and ordinances and building codes shall be complied with unless clearly inapplicable by their terms or inconsistent with this section.
(2)
No tennis court or sports court shall be installed without a building permit and no such permit shall be issued unless the plans therefor comply with the building code of the Village of Briarcliff Manor, as the same now exists or may hereafter be amended. No such permit shall be issued until the requirements of this section and all other applicable local laws and ordinances of the Village of Briarcliff Manor are met. A plan of the proposed court shall be submitted to the Building Inspector, as a requirement for the issuance of a building permit. Said plan shall comply with the requirements and standards of this section and shall indicate all existing and proposed grading, excavating, filling, paving, fencing, and screening as it may relate to the proposed court, as well as the location of all property lines and neighboring buildings.