The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall nor to prohibit any fence or wall, provided that no fence or wall shall exceed 61/2 feet in height, measured above the original grade, or the modified grade as shown on a duly approved site plan, prior to construction or erection of the wall or fence.

No wall or fence shall be constructed or erected until a building permit for such structure is issued in accordance with Article V and the proposed structure has received site plan and architectural approval in accordance with § 175-15 of this article. Site plan and architectural review shall specifically address, but is not limited to, height, width, design, style, location and materials of any proposed wall or fence. Fence materials or designs that create or pose a danger to humans or wildlife are prohibited.

Purpose. It is the purpose of this section to provide for architectural review of new construction and alterations, renovations and additions to existing construction in the Village, along with the impact said construction will have on the property site and surrounding community. This review was adopted to preserve, maintain and encourage the rich architectural heritage and history of the Village. The guidelines and procedures in this review will assist property owners to construct and maintain their homes and accessory structures respecting the Village's environment and its unique character and rural quality, while permitting the reasonable use of their property.

Legislative findings. In furtherance of the above purpose the Village Board of Trustees makes the following findings:

There is created a Site and Architectural Review Board which will consist of three members and one alternate member.

The members and alternate member will be appointed by the Mayor, subject to the consent of the Board of Trustees. The term of office of each member will be for a three-year term and staggered, except that for the initial appointments, one member will be appointed for a three-year term, one member will be appointed for a two-year term, and one member will be appointed for a one-year term. The alternate member will be appointed for a one-year term or such term that the Board of Trustees deems appropriate. Thereafter, upon expiration of each member's term, the member will be appointed for a three-year term.

A member of the Site and Architectural Review Board may also simultaneously serve as a member of the Planning Board. The alternate member may attend all functions of the Board and may serve and vote in all matters in the absence of any member.

The Board of Trustees will have the power to remove any member of the Board for cause prior to the expiration of his term. Vacancies will be filled by the Mayor for the unexpired term.

The Mayor will appoint a Chairman for a term of not to exceed three years.

The Board of Trustees may designate or retain one or more architects, engineers, designers or technically skilled individuals to advise and participate in the Site and Architectural Review Board proceedings, including review of plans and deliberations. The designated technical advisor will not vote in regard to any application, unless he is an appointed member of the Board.

The Board of Trustees, after a public hearing, may adopt, amend, or repeal rules, regulations, design standards, procedures and fees that are necessary and reasonable for the implementation, interpretation, administration and enforcement of the provisions of this section. The action of the Board of Trustees will be deemed effective upon filing with the Village Clerk.

Until such time as the Site and Architectural Review Board has been fully appointed and constituted, all powers granted hereunder and all the functions and duties to be performed pursuant to the provisions of this section will be vested in a representative of the Planning Board or such other individual designated by the Board of Trustees.

Jurisdiction.

Referral procedures. An applicant for a building permit shall file with the Building Inspector the required building permit application on the prescribed forms with the appropriate fee and the required accompanying plans and supporting documents for the proposed construction in accordance with the adopted rules and regulations of the Village.

After determining that the application and supporting plans are complete and in proper form and the required fee paid, the Building Inspector, within seven days of such determination, will refer the application to the Site and Architectural Review Board for its consideration. The Site and Architectural Review Board will meet and review the matter within 30 business days from the referral of a Building Inspector of a completed application. The Site and Architectural Review Board will render a decision within 60 business days from this referral either approving, disapproving or approving with modifications.

The Architectural Site and Review Board may require changes or modifications in building and site plans as a condition of approval and require adherence to the plans as a condition to the issuance of the building permit.

No building permit will be issued by the Building Inspector unless the construction has been approved by the Site and Architectural Review Board.

If 60 business days have passed since a completed application has been duly referred to the Board and the Board has not acted on the application, the Building Inspector is authorized to issue a building permit, provided the application conforms to all other provisions of applicable local laws and ordinances.

The Building Inspector shall not issue a building permit for construction that has been approved by the Board unless the plans for such construction have been changed to embody all modifications in design, appearance or location that the Board imposed as a condition of approval.

A preliminary conference may be held between the Board and the applicant prior to the preparation and submission of a formal application. The purpose of such a conference is to enable the applicant to inform the Board of his proposal and to allow an informal opportunity to review preliminary design concepts, construction details, siting problems and other concerns or issues before a formal submission.

In reviewing each application, the Board will take into consideration the traditional concepts of building design of proportion, scale, balance, rhythm, similarity, dissimilarity and order and determine whether the proposed construction meets the purposes and objectives of this section as defined by the below standards.

The insertion of new construction and an addition or alteration into an established community will emphasize a design that strengthens the physical and visual harmony to achieve a sense of order and compatibility. Building design that does not relate to the surrounding neighboring buildings or the existing elements of the natural terrain of the Village is to be discouraged.

Adherence to the above design principals will preserve the rural character of the Village; ensure that all new buildings and structures are compatible with the buildings and structures located on adjacent property and in harmony with the Village; encourage new buildings and structures that reflect in quality design the traditions and historic character of the Village; and foster a relatedness of character and sense of place among all new buildings based on historic and traditional forms.

The Board may approve, or approve subject to modifications, any application referred to it upon the Board's finding that the construction is in accordance with the approved plan and is in harmony with the intent of this section.

Detached single-family dwelling.

Church for public worship and other strictly religious uses and in accordance with the discipline, rules and usages of the religious corporation which will own, support and maintain such church and the ecclesiastical governing body, if any, to which such corporation is subject, the membership of which church shall be at least partially composed of Village inhabitants, said use to be subject to the applicable standards and requirements set forth in § 175-19A to I, inclusive, and § 175-20B hereof. Such use shall include accessory uses on the same lot and customarily incidental and subordinate to such use as a church.

Pumping, storage, sale and distribution of water, including water towers when approved by and made subject to conditions imposed by the Board of Trustees after written application thereto and the issuance of a permit.

Indoor tennis court nonprofit club with respect to a tennis court building in existence at the time of the enactment of this chapter.

Public primary and secondary schools and other schools conducted by trustees of school districts under the Education Law with customary accessory use.

State universities, colleges and schools and community colleges, with customary accessory uses, conducted in accordance with the provisions of the Education Law.

Private colleges and universities, chartered by the Regents of the University of the State of New York or by special act of the Legislature, including accessory uses on the same lot and customarily incidental and subordinate to the main use, subject to the applicable standards and requirements set forth in § 175-19A to I, inclusive, and § 175-20A hereof.

Private schools as hereinbefore defined, including accessory uses on the same lot and customarily incidental and subordinate to such use as a school, subject to the applicable standards and requirements set forth in § 175-19A to I, inclusive, and § 175-20A hereof. Such permitted private schools shall in no event be deemed to include any camp or day camp as hereinbefore defined, which said use is hereby expressly prohibited.

Commercial agriculture, including berries, fruit and garden produce.

Keeping of horses. One horse for each two acres of lot area is permitted. No person shall keep more than 10 horses on any one lot, unless a permit is issued by the Board of Trustees. The keeping of horses shall be subject to the following:

Poultry.

Breeding of game, birds and horses.

Horticulture, including noncommercial greenhouses, provided that no fertilizer is stored within 100 feet from any such boundary line unless kept in airtight storage.

Oystering and clamming in the waters within the boundaries of the Village.

The carrying on of a home occupation by a person residing in the dwelling unit in which such home occupation is carried on, provided that there is no display of goods or advertising visible from any street, that no assistant is employed and that no mechanical or electrical equipment is used except ordinary equipment and provided that the space so used does not occupy more than 1/4 of the total floor area of the dwelling unit and provided, further, that such home occupation is not carried on in any accessory building.

Real estate activities of an owner or of his duly authorized agent in connection with his property within the Village.

The office or studio of a physician, surgeon, architect, dentist, teacher, painter or sculptor, musician, financial manager, lawyer or engineer residing in the dwelling unit in which such office or studio is located, provided there is no display or advertising on the premises in connection with such use except for a professional nameplate not over one square foot in area, provided that said nameplate shall comply with the provisions of § 175-21 of this chapter, provided, also, that such studio or office does not occupy more space than the equivalent of 1/3 of the area of one floor of such dwelling and that such use is merely incidental to the use of such dwelling unit primarily for residential purposes; provided, however, that any such musician's studio is equipped and used in such a manner that sounds therefrom are not unduly annoying to other persons on nearby premises or public places, and provided, further, that no assistants, whether paid or not, may participate in such use, except that one assistant may be employed if the nature of the profession is such as to require an assistant, and provided, further, that no use shall be made of more than one building in connection with such professional use, and provided, further, that such professional use by the artist shall not be deemed to include the right to engage in wholesale or retail trade, as such term is ordinarily understood.

Private tennis court or swimming pool provided such facilities conform to the side and rear yard requirements for a main building of the district in which located.

Private garage for noncommercial passenger vehicles used by occupants of the premises and commercially licensed vehicles used for agricultural and horticultural purposes on the premises.

A beach, boathouse, wharf, pier or private bathhouse, sea walls, retaining walls and jetties for the use of the owner of the residential lot on which located.

The uses for which conformance to additional standards is required by this chapter shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein in addition to all other requirements of this chapter.

All uses listed as subject to additional standards are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case, and they shall conform to the following general requirements as well as the pertinent specific requirements.

The location and size of the use, the nature and intensity of the operation involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate and orderly development of the neighborhood in which it is proposed to be located and shall accord with and promote the purposes set forth in § 177 of the Village Law.[1]

The operation in connection with any such use shall not be more objectionable to nearby properties, by reason of noise, vibration, excessive light, smoke, gas, fumes, odor or other atmospheric pollutant, than would be the operation of any other permitted use in the same zoning district.

The entrance and exit drives shall be laid out so that there is maximum safety for vehicular traffic and pedestrians.

Buffer planting, walls and fences shall be required, where necessary, to protect adjoining residential properties. Such planting shall be specified in detail when a plan is approved.

Exterior lighting shall be so installed and arranged as to reflect light away from adjoining streets and to prevent any nuisance to property in adjoining residence districts.[2]

Every application made pursuant to this section for a building or use permit shall contain and conform to the following regulations:

The Board of Appeals, in authorizing the issuance of any building or use permit under this section, may provide that said permit shall be temporary and fix the term thereof. Any application for a renewal of a temporary permit shall be acted upon in the same manner as an original application.

Private primary or grade schools as defined herein. The lot for any such school shall have an area of at least 10 acres. Such lot shall have a frontage of at least 200 feet on a suitably improved public street. No such school shall be designed, erected, altered or used for more than 300 pupils.

The lot for any parochial or private secondary, junior high or high school shall have an area of at least 15 acres, plus one acre for each 100 pupils, or major portion thereof, in excess of 250 pupils. Such lot shall have a frontage of at least 400 feet on a suitably improved public street. No private or parochial junior high or high school shall be designed, erected, altered, or used for more than 300 students.

The lot for any parochial or private university or college shall have an area of at least 25 acres, plus five acres for each 100 pupils, or major portion thereof, in excess of 200 pupils. Such a lot shall have a frontage of at least 500 feet on a suitably improved public street. No private or parochial university or college shall be designed, erected, altered or used for more than 500 pupils.

All buildings shall be located at least 200 feet from street lines and at least 100 feet from all other property lines. Grandstands, gymnasiums, central heating plants, and similar buildings shall be set back at least 200 feet from all property lines. The distance between buildings shall be at least twice the height of the taller building. Total coverage of the site by all buildings shall be limited to 20%. Dormitories and single-family dwellings shall be permitted as accessory buildings, provided that the minimum area of the lot shall be increased by at least 1,000 square feet for each dormitory bed and by at least the minimum lot area of the applicable zoning district for each single-family dwelling. Use of such dormitories or dwellings shall be limited exclusively to students, teachers or other members of the staff of the school or college, and a dormitory or dwelling shall not subsequently be sold or rented as a private residence or for any other legal use, unless the building and any required lot surrounding it shall meet all regulations of the district in which it is located.

One off-street parking space shall be provided for each teacher or other member of any private school or university or college staff and one additional space for each five students. For auditoriums, gymnasiums, grandstands and other gathering places, one off-street parking space shall be provided for each three seats.

A school site shall contain suitably designed and improved outdoor playground or play field areas of the following size:

Such playgrounds or play fields shall be located no closer than 150 feet to any property line.

Building area. All buildings, including accessory buildings, shall not cover more than 10% of the area of the lot.

Height. The height of any principal building shall not exceed 25 feet. The height of any accessory building shall not exceed 20 feet, except an accessory building may be 25 feet in height provided that it shall be a distance of at least 100 feet from the main building.

Yards. Each lot shall have front, side and rear yards not less than the depths and width following:

Parking area. Off-street parking on the lot shall be provided in a paved area equal in area to one times the area of the buildings. Such parking area may extend into the side and rear yards but shall be distant not less than 30 feet from any lot line and 20 feet from any street line.

Screen. Where a parking area abuts a property line a screen of evergreen shrubs four feet in height and 20 feet in width shall be installed along said lines.

Marginal roadway. A marginal roadway 50 feet in width in the front yard and in any side yard abutting a street shall be provided. Said marginal roadway shall extend from the road or street line into the front and side yard and shall be separated from the street by a mall 10 feet in width. No more than two openings in the mall for access shall be made on any one street. The mall shall be curbed, the pavement in the roadway shall be 30 feet in width, and a sidewalk four feet in width shall be constructed along the inner side of the marginal roadway. All work and construction hereinabove set forth shall be in accordance with Village specifications and regulations.

No real estate sign shall be permitted within the Village without a current valid permit and must be maintained in accordance with the provisions herein.

Procedures.

Open house signs. Only one sign announcing a bona fide "open house" shall be permitted on the owner's property and may displayed only during the limited hours of a bona fide open house, but in no event longer than six hours. No open house signs shall be displayed or permitted on any roadway, shoulder of the road or within any right-of-way in the Village.

A building or structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged or extended unless the use therein is changed to a conforming use.

Such nonconforming building shall not be structurally altered to an extent greater than 50% of its actual value as determined by the County Board of Assessors, unless such alterations are required by law; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in sound condition shall be permitted, and provided further that any such nonconforming use may be extended throughout any parts of the building which were manifestly arranged or designed for such use at the time of the adoption of this chapter.

A nonconforming use of a building may be changed only to a conforming use.

If any nonconforming use of a building ceases for any reason for a continuous period of more than six months or is changed to a conforming use, or if the building in or on which such use is conducted or maintained is moved for any distance whatever for any reason, then any future use of such building shall be in conformity with the standards specified by this chapter for the district in which such building is located.

If any building in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building thereon shall be in conformity with the standards specified by this chapter for the district in which such land or building is located.