Cedarhurst City Zoning Code
ARTICLE II
Provisions Applicable to More Than One District
§ 265-2 Adoption of provisions; scope.
The building zone ordinance of the Village of Cedarhurst, adopted March 16, 1925, and known as "Ordinance No. 30," as from time to time amended, shall be deemed further amended so as to read as herein provided from and after this chapter becomes effective. Nothing in this chapter shall be deemed to affect any provisions of the building code or the plumbing code, but the provisions of this chapter shall be deemed in addition to and not in substitution of the provisions thereof.
§ 265-3 Preexisting nonconforming uses; existing buildings.
Any nonconforming use existing at the time of the passage of this chapter (March 2, 1964) may be continued and any existing building, designed, arranged, intended or devoted to a nonconforming use may be reconstructed or structurally altered and the nonconforming use therein changed subject to the following regulations:
A.
The structural alterations made in such building shall in no case exceed 60% of its current replacement cost, as determined by the Village of Cedarhurst, nor shall the building be enlarged, unless the use therein is changed to a conforming use, except that a nonconforming building existing at the time of the passage of this chapter may be enlarged, provided that the use therein is a conforming use and the degree of nonconformity will not be increased in any manner.
[Amended 3-6-1967; 11-17-1969; 10-19-1970]
B.
No nonconforming use shall be extended at the expense of a conforming use.
C.
In a residence district, no building or premises devoted to a use permitted in a business district shall be changed into a use excluded from a business district.
D.
A nonconforming building or use which did not conform with the provisions of the building zone ordinance in force immediately prior to the adoption of this chapter may be continued only to the extent that the same complied with the provisions of such prior ordinance.
E.
Building damaged by fire. No building which has been damaged by fire or other causes to the extent of more than 50% of current replacement costs, as determined by the Village of Cedarhurst, exclusive of foundations, shall be repaired or rebuilt except in conformity with the regulations of the Village of Cedarhurst; except that where the total structure as repaired or rebuilt shall not exceed the occupiable area as existed prior to said damage by fire or other cause, then upon such repairing and/or rebuilding, the owner shall not be required to supply off-street parking as required by § 265-11A.
[Amended 3-6-1987; 9-28-1970; 12-4-1989 by L.L. No. 14-1989]
F.
Existing auto body and fender repair shops and motor vehicle repair shops which are preexisting as of November 1, 1957, and, therefore, a nonconforming use may be continued to operate under the following terms and conditions:
[Amended 10-5-1970; 8-19-1974; 3-5-1979 by L.L. No. 14-1979; 10-6-1997 by L.L. No. 9-1997; 9-8-2003 by L.L. No. 11-2003]
(1)
There shall be an annual license fee due for licenses. Licenses will cease and terminate on the 31st day of May and shall be renewed annually thereafter within 30 days prior to the expiration date thereof. Said license fee shall be as set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting.[1]
[1]
Editor's Note: The fee schedule is on file in the Village offices.
(2)
Work on the premises must be limited to the hours of 8:00 a.m. to 6:00 p.m. daily, exclusive of Sundays.
(3)
All work to be done must be performed inside the building and no repair of any kind is to be performed outside of the building.
(4)
Where the existing premises are surrounded with fences and/or gates, fences and/or gates shall be maintained and shall be locked at the time the building is locked.
(5)
No spare parts, debris, old fenders, etc., shall be kept or stored outside of the building unless the same are stored in special bins and/or containers.
(6)
If parking space is available on the premises such parking space may be used for cars waiting for service. No overnight parking shall be permitted on the street front of any premises. All adjacent areas used to park cars awaiting service or repairs shall be paved with concrete or asphalt as per section § 265-96.
(7)
The premises shall always be maintained as per the rules and regulations of the Lawrence-Cedarhurst Fire Department and the Fire Marshal's Office of Nassau County.
G.
Gas service station and motor vehicle repair shop preexisting nonconforming uses shall immediately comply with the following:
[Added 8-19-1974; amended 9-9-1974; 11-21-1977 by L.L. No. 28-1977; 9-8-2003 by L.L. No. 11-2003]
(1)
All adjacent areas used to park cars awaiting service or repairs shall be paved with concrete or asphalt as per § 265-96.
(2)
All toilet rooms having exterior doors entering directly into the outside shall have spring closing door hardware, closed at all times, and shall have exterior metal or equal buffer screens, obstructing the view from the exterior.
(3)
All garbage, old tires, old parts and debris shall be kept in special closed storage areas and shall be removed from the premises at least weekly.
(4)
No unregistered motor vehicles may be parked on the site and no areas may be used for open sale and display of new and/or used cars.
(5)
The premises may not be used for rental parking areas. Only cars awaiting services may be parked.
(6)
Motor vehicles repairs shall be conducted within the building and, excepting emergency repairs, shall be done between the hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday. Emergency repair work may be done at any time.
(7)
All required fencing shall be maintained and kept in good clean and structural condition.
(8)
Mixed uses prohibited. The sale of products and services exclusively related to the operation and maintenance of motor vehicles are permitted, and all other uses are prohibited.
§ 265-4 Districts enumerated.
[Amended 3-6-1967; 4-10-1978 by L.L. No. 3-1978; 10-6-1997 by L.L. No. 9-1997]
For the purpose of regulating and restricting the location of trades and businesses and the location of buildings designed for specified uses, for the purpose of regulating and limiting the height and bulk of buildings hereafter erected and for the purpose of regulating and determining the density of population, the area of yards, courts and other open spaces surrounding buildings hereafter erected, the Village of Cedarhurst is hereby divided into the following use districts:
Residential R-1 (One-Family Residential) |
Residential R-2 (Two-Family Residential) |
Residential C |
Residential D |
Multiple-Dwelling or Apartment |
General Business |
Retail Business |
Business Improvement |
Limited Business |
Municipally Owned |
Public Parking |
§ 265-5 Use District Map; boundaries.
The boundary of said use districts shall be shown on the Use District Map which accompanies this chapter and is hereby declared to be a part of this chapter. The use districts designated on said Map are hereby established. The use district designations which accompany such Use District Map and all other legends on such map are hereby declared to be a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file at the Village Hall.
§ 265-6 Compliance required.
No building or part of a building shall be erected, altered or used except in conformity with the regulations herein prescribed for the district in which such building is located. No building or premises shall be erected, altered or used for any purpose other than a purpose permitted in the district in which such building or premises is located.
§ 265-7 Applicability.
No lot shall be sold, divided or set off in such a manner that either the portion sold, divided or set off or the portion remaining shall:
A.
Be less than the minimum size prescribed by the regulations relating to the district in which it is situated (lot size).
B.
Fail to provide the yards or other open spaces required by the regulations relating to the district in which it is situated in respect to any building or use then existing (yards).
C.
Fail to provide the minimum building area required by the regulations relating to the district in which it is situated in respect to any building or use then existing (building area).
D.
Contain any building or use not permitted by the provisions of this chapter in the case of buildings hereafter erected or altered (prohibited buildings and uses).
E.
Directly or indirectly violate any terms or conditions theretofore imposed by the Board of Appeals in granting a special exception under the provisions of this chapter (violation of conditions).
§ 265-8 Garages required.
[Amended 10-26-1964; 4-6-1987 by L.L. No. 4-1987; 10-6-1997 by L.L. No. 9-1997; 11-13-2006 by L.L. No. 14-2006; 3-4-2013 by L.L. No. 6-2013; 11-6-2023 by L.L. No. 12-2024]
No person, firm or corporation shall hereafter construct or erect within the Village of Cedarhurst any one- or two-family dwelling unless the same shall include a one- or two-car garage for a one-family house or a two-car garage for a two-family house in such district or districts in which two-family houses are permitted and all such garages must be maintained subject to Subsection D of this section.
A.
Freestanding garages shall have a minimum front yard setback of 45 feet.
B.
An attached garage shall be deemed part of the main building and the yard requirements presently prescribed for the district wherein it is located shall govern.
(1)
The surface of the garage floor shall be constructed at an elevation of not less than six inches above the highest point of the crown of the road immediately in front of the garage entrance.
(a)
A pre-existing attached garage below grade shall be permitted to be removed, eliminating the garage requirement. The existing garage door(s) shall be removed and replaced with weather-resistant construction. If the former garage is to be used for habitable use, secondary egress is required. If a habitable basement is accessed to new constructed habitable space, secondary egress is required.
(b)
A paved driveway shall be constructed and maintained from the sidewalk property line to the structure.
(2)
The following minimum standards may not be varied or waived by the Board of Appeals or by any other board or administrative agency of the Village.
(a)
The garage floor may not be less than two feet six inches below the highest point of the crown of the road immediately in front of garage entrance.
(b)
The minimum setback in front of the garage shall not be less than 25 feet from the front property line or the front of the dwelling whichever is greater.
(c)
The garage floor shall be constructed at a sufficient level to prevent seepage of liquids from the garage to the dwelling area.
(d)
Proper drainage of entrance to garage shall be installed, the location, dimensions, materials of which are to be approved by the building department.
C.
Detached frame and masonry garages shall comply with the yard setback requirements prescribed for the district in which they are located.
D.
If the owner or contract vendee is aggrieved by the strict enforcement of the provisions and conditions as set forth in this section requiring a garage in a one- or two-family dwelling, an attached garage in a one- or two-family dwelling in existence at the time of the enactment of this section, and which is located in an AE flood zone as established in a Federal Emergency Management Agency flood zone map, may be removed or waived as such and the space thereof converted to a permissible use by a determination of the Planning Board, upon an appeal from a decision or determination of the administrative official charged with the enforcement of the garage requirement of § 265-8 upon appeal to it by the owner or contract vendee with the written consent of the owner of such dwelling, after notice thereof and a decision granting the relief sought in said petition after a public hearing.
(1)
Before an application is considered by this Board, such aggrieved person shall file a verified petition setting forth in detail the specific provisions or sections of this chapter for which relief is sought. Such petition shall be filed together with all plans and documentation in compliance with the applicable provisions of the New York State Building and Fire Code and the requirements of the office of the Superintendent of Buildings, with the Village Clerk of the Village of Cedarhurst, together with the required number of copies and a fee in the amount of $500.
(2)
A public hearing shall be held under the direction of the Planning Board, and prior to such public hearing, the applicant shall have written notice of said public hearing published in a local newspaper of record no more than 10 days and not less than five days prior to said public hearing, and the applicant shall file with the Village Clerk certification of service and publication of said notice showing compliance with this subsection.
(3)
Before such application is granted by the Planning Board, such Board shall determine the following:
(a)
That such conversion will not prevent or unreasonably interfere with the use of adjacent property or properties within the same use district.
(b)
That the safety, health, welfare, comfort, convenience or the order of the Village will not be adversely affected by granting the application.
(c)
That the granting of the application of the petitioner will be in harmony with and promote the general purposes and intent of this chapter.
(d)
That the granting of the application will not cause any fire hazard nor in any way affect the structural soundness of a building.
(e)
Whether the granting of such application will create a hazard to life, limb or property or a traffic hazard or interfere with the entry and operation of fire and other emergency apparatus by reason of the physical characteristics of the particular location or area.
(4)
Before such application is granted by the Planning Board, such Board may consider the following:
(a)
The number of motor vehicles owned and/or operated by the subject property's household members.
(b)
The availability of on-site parking.
(c)
The availability of on-street parking.
(d)
The building and attached garage elevations.
(e)
Any other factor that the Board may deem appropriate, necessary or desirable.
(5)
The Planning Board shall, in granting such application shall require that the garage door(s) and any other doors on the garage door wall be replaced by a solid, waterproof wall, aesthetically in conformity with the dwelling, and may impose such conditions, restrictions, covenants and safeguards as it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of this chapter and the general welfare of the inhabitants of the Village.
§ 265-9 Off-street parking for two-story buildings.
[Amended 5-19-1969; 10-22-1975 by L.L. No. 22-1975]
A.
Any two-story building shall provide on-site, off-street parking. There shall be one space for each 200 square feet of total floor area.
B.
Where a cellar area is converted or constructed for the expansion or creation of a permitted use as a selling area or office to which the public is admitted, such cellar area shall be considered to be an additional story and the owner must comply with the parking requirements.
[Amended 4-7-1986 by L.L. No. 9-1986]
C.
The dimensions of a car space and access driveway shall be as per § 265-96G.
[Amended 4-7-1986 by L.L. No. 9-1986]
D.
Places of public assembly shall comply with § 265-11A whether one-story or two-story. Multiple dwellings shall comply with § 265-81.
§ 265-10 Building and/or occupancies to front on public streets.
[Amended 5-17-1971; 8-2-1971; 12-17-1973]
A.
No accessory, separate or detached building shall be permitted or erected in any Business, Multiple-Dwelling or in any R-1 or R-2 Districts unless the same shall front on a public street. Nothing herein contained shall prohibit a detached one- or two-car garage in any R-1 or R-2 District.
B.
Each individual tenant, use and/or occupancy shall front on a public street and shall maintain a separate and individual entrance on such public street, excepting apartments in a multiple dwelling and offices in an office building.
[Amended 5-5-1975 by L.L. No. 7-1975]
§ 265-10.1 Nighttime illumination of businesses fronting on public streets and/or facing public parking areas.
[Added 2-1-1999 by L.L. No. 2-1999; amended 6-2-2014 by L.L. No. 2-2015]
A.
Businesses fronting on public streets and/or facing public parking areas. Each owner, tenant, occupant or user of a business located on the ground floor of a building fronting on a public street and/or any part of which faces a public parking area and/or access thereto shall illuminate the windows, doors or other openings thereat, from dusk of each day to dawn of the following day, with illumination of no less than five watts of light for each horizontal foot of glass area.
B.
Businesses any part of which face a public parking area. Each owner, tenant, occupant or user of a business located in a building, any part of which faces a public parking area and/or access thereto, shall provide exterior illumination thereat, from dusk of each day to dawn of the following day, with illumination of no less than five watts of light for each horizontal foot of exterior wall area.
§ 265-10.2 Exterior lighting spillage.
[Added 7-1-2021 by L.L. No. 8-2021]
This section shall apply to all exterior lighting, including outdoor signs and facade lighting, on private property within the Village. All exterior lighting shall be shielded and shall be maintained so as to contain lighting to the property on which it is located and so that it shall not shine, glow, or interfere with surrounding or neighboring properties or roadways.
§ 265-11 Places of public assembly.
[Amended 11-29-1965; 8-1-1966; 10-6-1969; 2-28-1972; 12-28-1972; 3-3-1975 by L.L. No. 4-1975; 10-5-1976 by L.L. No. 8-1976; 12-4-1978 by L.L. No. 25-1978; 6-13-1983 by L.L. No. 13-1983; 10-7-1985 by L.L. No. 9-1985; 6-9-1986 by L.L. No. 15-1986; 11-3-1986 by L.L. No. 23-1986; 12-5-1988 by L.L. No. 8-1988; 4-1-1991 by L.L. No. 4-1991; 11-4-1991 by L.L. No. 11-1991; 3-2-1992 by L.L. No. 2-1992; 6-10-1997 by L.L. No. 9-1997]
A.
Expansion; off-street parking requirements.
(1)
Public schools, parochial schools and places of worship existing and in use prior to the enactment and adoption of this section may alter and/or enlarge the existing administrative and educational facilities not exceeding 20% of the existing volume or area of the building. A new place of worship (regardless of seating capacity) may not be constructed unless off-street and on-site parking is provided, as set forth herein.
(2)
Except as otherwise provided, places of public assembly shall be provided with off-street, on-site parking on the basis of one space for each four seats or one space for each 200 square feet of gross floor area, whichever is greater.
(3)
Schools shall provide one off-street and on-site parking space for each employee plus one off-street and on-site parking space for each five students in the 11th grade or above, or one off-street and on-site parking space for each four assembly seats, whichever is greater.
[Amended 2-1-2016 by L.L. No. 9-2018]
(4)
Restaurants shall be required to provide the following:
(a)
Any restaurant located or to be located in any new construction wherein a building permit shall be issued on or after April 1991, whether operated individually or as accessory to some other use, shall provide off-street and on-site parking on the basis of one parking space for each three seats or each 100 square feet of gross floor area, whichever is greater, plus one parking space for each four employees.
(b)
Any restaurant located or to be located in any existing structure or building, whether operated individually or as accessory to some other use, shall not be required to provide off-street and on-site parking.
(c)
Nothing contained in the foregoing Subsections A(4)(a) and/or (b) shall relieve any restaurant in existence on the effective date thereof, April 1, 1991, of the requirements then in effect, if any, with respect to each such restaurant, to maintain off-street/on-site parking facilities as may have been required pursuant to the certificate of occupancy and/or any decision of the Board of Zoning Appeals with regard to any and each such place of business, as well as to any purchasers, assignees and/or successors in interest thereof. Any building and/or use which presently provides or supplies off-street/on-site parking facilities shall continue to supply such off-street/on-site parking.
(5)
Funeral parlors shall provide off-street and on-site parking at a minimum of 25 parking spaces or one parking space for each 100 square feet of gross floor area, whichever is greater.
(6)
All off-street and on-site parking shall be constructed as per § 265-96.
B.
Signs as to maximum person capacity.
(1)
There shall be posted in each and every restaurant and/or place of public assembly within the Village of Cedarhurst, an appropriate sign indicating the maximum number of persons who may legally occupy said restaurant and/or place of public assembly at any one given time.
(2)
The owner, tenant, lessee and/or operator of such restaurants and/or place of public assembly shall apply for such sign on forms prescribed by the Village of Cedarhurst and pay a fee as set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting.[1] Said fee shall be paid for each sign at the time of filing of said application. Each restaurant and/or place of public assembly shall require, obtain and post such sign. Said sign must be applied for a posted on or before the 31st day of May 1972 or on or before the 31st day of May immediately following the opening or establishment of such restaurant and/or place of public assembly.
[1]
Editor's Note: The fee schedule is on file in the Village offices.
(3)
Any owner, tenant, lessee and/or operator hereinabove referred to who shall violate any of the foregoing subsections or any part of portions thereof shall, upon conviction, be punishable as prescribed in § 265-140 hereafter set forth.
C.
License fees for places of public assembly. License fees, as set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting, shall be submitted annually for places of public assembly, in addition to the permit fee.
D.
Restaurants not required to have a public assembly permit. Any restaurant or food establishment which is not required by law to have a public assembly permit, but provides seating for customers, shall apply for and obtain an assembly license by paying a fee therefor and an annual license fee thereafter to the Village. Each establishment shall display a certificate stating the maximum allowable seating and verifying compliance with this chapter. The permit and annual license fee shall be set by the Board of Trustees by resolution of a majority vote its members present at a Board meeting.
§ 265-12 Fences; permit required; fee
[Amended 1-22-1979 by L.L. No. 3-1979; 3-6-1989 by L.L. No. 4-1989; 12-6-1999 by L.L. No. 15-1999; 5-3-2021 by L.L. No. 6-2021]
A.
Any person who or which shall hereafter erect, repair and/or replace a fence around or on any property in the Village of Cedarhurst shall be required to obtain a permit therefor. Written applications therefor shall be submitted to and reviewed by the Building Department for approval. An application for a permit shall be accompanied by a site plan which shall show materials, the style and design of the fence and height and location of the fence in relation to all other structures and buildings on the property and in relation to all adjacent streets, lot property lines and yards.
B.
There shall be a filing fee for the fence permit which shall be set by resolution of a majority vote of the Board of Trustees at a Board meeting.
§ 265-12.1 Fences on residential properties.
[Added 12-6-1999 by L.L. No. 15-1999; amended 6-3-2019 by L.L. No. 13-2020; 5-3-2021 by L.L. No. 6-2021; 11-12-2024 by L.L. No. 5-2025]
The following is applicable to fences on residential properties:
A.
No fence, hedges or bushes in any front yard, including both front yards on a corner property, shall exceed three feet in height. Provided, however, that in the case of corner properties, a front yard fence, hedges or bushes may exceed three feet, but not six feet, in height upon receipt of a special permit from the Architectural Board of Review. The Board may grant such permits in its discretion and shall consider such factors including the general look of the area of the proposed fence, the length of the proposed fence, and the health, safety and wellbeing of the Village and its residents. The Architectural Board of Review is permitted to set additional terms and conditions for such corner property front yard fences as it deems necessary to carry out the purposes of this Code.
B.
No fence in any side yard or rear yard shall exceed six feet in height.
C.
For purposes of this section, the maximum height of any fence shall be measured from the lowest elevation level of the property line along which it is installed.
D.
The top of any section of a fence shall be level with the top of every other section of fence, of the same height.
§ 265-12.2 Fences on properties abutting residential districts or residences or used for nonresidential purposes.
[Added 12-6-1999 by L.L. No. 15-1999; amended 6-4-2001 by L.L. No. 2-2001; 5-3-2021 by L.L. No. 6-2021]
A.
Every owner, lessee and/or occupant of property in any business district shall erect and maintain a fence, finished on both sides, across each property line abutting a residential district. Such fence shall be eight feet in height, except that where it continues to a property line perpendicular to and abutting a public sidewalk or walkway used by the public, the fence shall be three feet in height from such property line for a distance of 25 feet. Such three-foot fence shall be connected to the eight-foot fence by a four-foot-wide section of fence rising at an angle from the three-foot fence to the eight-foot fence.
B.
Every owner, lessee and/or occupant of property on which is situated and which is being used as a place of public assembly shall erect and maintain a fence, finished on both sides, across each property line abutting a property on which is situated and which is being used as a residence. Such fence shall be eight feet in height, except that where it continues to a property line perpendicular to and abutting a public sidewalk or walkway used by the public, the fence shall be three feet in height from such property line for a distance of 25 feet. Such three-foot fence shall be connected to the eight-foot fence by a four-foot-wide section of fence rising at an angle from the three-foot fence to the eight-foot fence.
C.
Every owner, lessee and/or occupant of property in any residential district which is being used either wholly or partially as a nonresidential use, except a use permitted by § 265-33A, shall erect and maintain a fence, finished on both sides, across each property line abutting a property on which is situated and which is being used as a residence. Such fence shall be eight feet in height, except that where it continues to a property line perpendicular to and abutting a public sidewalk or walkway used by the public, the fence shall be three feet in height for a distance of 25 feet. Such three-foot fence shall be connected to the eight-foot fence by a four-foot-wide section of fence rising at an angle from the three-foot fence to the eight-foot fence.
D.
The requirements of Subsections B and C herein shall not be applicable where such abutting properties are owned by the same person or entity.
E.
Anything herein to the contrary notwithstanding, a fence on the front yard of any property shall not exceed three feet in height.
F.
Anything herein to the contrary notwithstanding, the maximum height of a fence on any property shall be measured from the lowest elevation level of the property line along which it is installed.
G.
Anything herein to the contrary notwithstanding, the top of any section of a fence shall be level with the top of every other section of fence of the same height.
§ 265-12.3 Unsafe and unsound fences; notice to repair.
[Added 12-6-1999 by L.L. No. 15-1999; amended 5-3-2021 by L.L. No. 6-2021]
If, upon inspection by the Building Department Inspector, a determination is made that any fence or portion of any fence is not being maintained in a safe, sound and upright condition, he shall notify the owner(s) and/or the occupant(s) of the premises on which the fence is situated of his findings, in writing. He shall state the reasons for his findings and order such fence or the portions of such fence to be repaired or removed within 15 days of the date of the written notice.
§ 265-12.4 Construction materials.
[Added 12-6-1999 by L.L. No. 15-1999; amended 5-3-2021 by L.L. No. 6-2021]
A.
All chain link fences erected shall be constructed with the closed loop at the top of the fence.
B.
All fences featuring a rough or unfinished side shall be constructed such that the rough or unfinished side of the fence faces the interior of the property on which the fence is situated, provided, however, that any fence located on the side or rear boundary line of a property that its contiguous to a fence on the abutting property may have the unfinished or rough side facing the abutting fence. The requirement that the unfinished or rough side of the fence face the interior of a property shall not apply to any fence facing a railroad, and in such cases, the unfinished or rough side may face the railroad.
C.
All gates or doors providing ingress to and egress from a fenced-in part of any property shall not open into a required front yard setback. No gate, when in the open position, shall obstruct a street, sidewalk or public right of way.
D.
The following types of fences and walls are hereby prohibited:
(1)
Chicken wire, barbed wire, razor wire, welded mesh wire, electric fences.
(2)
Fences made of solid plywood, flake board, or scrap lumber.
(3)
Walls made from concrete or cinder blocks, unless used as a retaining wall and not to exceed a finished height of three feet from average grade.
(4)
Fences or walls topped with barbed wire, razor wire, sharp edges or broken glass, not including the points of picket fences.
(5)
Fences and walls located on Village property or public rights-of-way, except those expressly authorized or constructed by the Village, or with Village permission.
(6)
Fences or walls which obstruct natural drainage or runoff.
(7)
Construction barriers, silt fences, or similar constructions, except in connection with actual, on-going construction projects.
§ 265-13 Hours of business operation.
[Amended 11-4-1991 by L.L. No. 12-1991]
A.
Any business or commercial use within the Village of Cedarhurst which is located in a residential and/or apartment zone or within 50 feet of a residential and/or apartment zone, shall not conduct its business prior to 6:00 a.m. nor later than 12:00 midnight.
B.
The provisions of this section shall not affect the right of any business in existence on the effective date hereof, provided that such business shall actually operate prior to 6:00 a.m. and/or after 12:00 midnight on such effective date.
§ 265-14 Identifying numbers to be displayed.
[Amended 3-2-1992 by L.L. No. 4-1992]
A.
The Village of Cedarhurst recognizes the need for numbers to be displayed on buildings, both residential and commercial or otherwise, for identification purposes and to enable location of such buildings by police, fire and medical and other emergency services.
B.
Each and every building or structure within the Village of Cedarhurst shall be assigned or designated a number which shall be displayed by the owner and/or occupant of each such premises.
C.
The identification number of the building or structure shall be assigned by the Village upon any and all permits that shall be issued by the Building Department.
D.
The identification number shall be displayed on the front of the building or on a pole or device, if the same is permitted under this Code or chapter, in such manner so as to be clearly seen and identifiable from the street or roadway in front of the premises.
§ 265-15 Designation of resident agent for all business properties.
[Amended 3-6-1995 by L.L. No. 2-1995]
A.
The Board of Trustees of the Village of Cedarhurst finds that, for the protection of the general welfare and protection of property, in particular with regard to emergencies which may arise in which Police, Fire Departments, the Sanitation District and/or other emergency services may be required to respond, it is in the public interest to require all business properties within the Village, including all Business Districts and preexisting and/or nonconforming parcels, to register with the Building Department and to designate a resident agent for contact purposes, in the event of any emergency and/or other occasions where representatives of the Village and/or emergency services may require to make any such contact.
B.
Every owner of business property, managing agent or other person or entity acting on behalf of said owner, shall be required to complete and file a registration form, with the Building Department, in such form as is to be supplied by the Superintendent thereof, which form shall include, but not necessarily be limited to, the following information:
(1)
The name, address and telephone number, both daytime and evening, where such owner resides or may be contacted;
(2)
The name, address and telephone number, both daytime and evening, of a person or entity designated therein as a duly authorized agent for said owner, located within the physical area of the County of Nassau (or, if in Queens County, within five miles from the particular business location); and
(3)
Such other, further and/or additional information as may be required by the Superintendent of the Building Department.
C.
A new and/or revised registration form shall be filed with the Building Department within 30 days after the date of execution of any deed or other instrument, upon each and every sale, transfer, assignment or any other change of ownership and/or any change or replacement of such resident agent.
D.
Any person or entity who or which shall fail to file or refile the initial registration form or amendment thereof shall be subject to a fine or civil penalty not exceeding $100 or such other amount as may, from time to time, be set by resolution of the majority of members of the Board of Trustees in an open meeting. In addition, any person violating the provisions of this section shall be a disorderly person, subject to additional penalties and/or punishment as set forth in § 181-1 of this Code.
E.
The initial filing of the registration form shall be made on or before June 1, 1995.
