East Williston City Zoning Code
ARTICLE IX
Supplementary Use and Dimensional Regulations
§ 160-32 Placement of accessory uses and buildings.
[Amended 5-10-1993 by L.L. No. 9-1993; 8-8-1995 by L.L. No. 5-1995; 12-11-1995 by L.L. No. 6-1995; 2-12-1996 by L.L. No. 2-1996; 5-11-1998 by L.L. No. 4-1998; 9-9-2002 by L.L. No. 3-2002; 9-8-2003 by L.L. No. 2-2003; 12-14-2020 by L.L. No. 1-2021; 1-11-2021 by L.L. No. 1-2022; 9-9-2024 by L.L. No. 5-2024]
Accessory buildings, including garages, if detached from a main building or if connected only by an open breezeway-type structure, shall be not less than 10 feet from the main building.
A private garage may be constructed as a structural part of a main building, provided that when so constructed the garage walls shall be regarded as the walls of the main building in applying the front, rear, and side yard regulations of this chapter.
Accessory buildings and structures, including private garages, shall not be placed within a front yard, nor within a side yard, except as provided in § 160-33. In a rear yard, accessory buildings and structures shall not be located within five feet of any property line. Such accessory structures shall be deemed to include air-conditioning equipment or other similar or related mechanical devices in accord with the definition of "structure" found at § 160-4B except that air-conditioning equipment or other similar or related mechanical devices may be located in any portion of a side yard other than a required side yard.
Driveways.
In all residence districts.
On a property with a detached garage, the section of the driveway running from the street line to the garage must be no more than 12 feet in width. Exceptions: 1) The driveway width is allowed to flair or angle up to 15 feet to meet the 12 feet width within the first five feet from the street line. 2) The section of the driveway running directly in front of the garage may be permitted to be 28 feet in width, provided that section shall be no more than 20 feet in length.
On a property with an attached garage, the driveway is permitted to be a maximum of 18 feet in width. Exception: 1) The driveway may flare up to one foot on either side of the garage doors for the length of two feet from the structure. 2) The driveway width is allowed to flair or angle up to 21 feet to meet the eighteen-foot width within the first five feet from the street line.
All driveways being adjusted in size must contain the drainage of stormwater on the subject property. The Building Inspector may require such drainage retention documentation as needed to confirm compliance. Underground retention of the stormwater is to be calculated at 2 1/2 inches rainfall per hour. Any existing nonconforming driveway being replaced the driveway in-kind can remain nonconforming.
All driveways in districts other than Residence B must be at least five feet from any side yard.
Any permeable or impermeable surface immediately adjacent to any driveway shall be included in the measurement of the area of the driveway, unless such surface is set a minimum of four inches above the driveway surface.
In each residence district, a driveway may be located within a required yard, except that only circular driveways and driveways as provided with respect to the Residence B District may extend into that portion of the front yard between the sidelines of the principal building.
In all residence districts where there is no garage, the driveway may not exceed 12 feet in width.
Existing driveways and curb cuts, whether conforming or nonconforming, may be replaced in kind. However, if the existing driveway in any residence district is to be relocated or altered in any shape or form, the new driveway shall conform to all provisions of the within section, notwithstanding any other provisions of the within Code.
There shall be only one driveway permitted on any lot in the Village.
On corner lots, in addition to the above requirements the driveway shall also not extend between the front and rear lines of the building.
Driveways in the Residence B District. In the case of an alteration to an existing driveway with an attached garage, said altered driveway may be a maximum of 18 feet in width and may be permitted into that portion of the front yard between the sidelines of the principal building as necessary to provide for such overall width as long as the distance between the altered driveway and the adjacent property equals two feet in width. All driveways within this district shall be at least two feet from any side yard.
Off-street parking areas; parking in front yards.
Accessory outdoor off-street parking areas for motor vehicles shall not be located or maintained in a required front or side yard and shall not be less than 10 feet from any lot line, except as provided in § 160-36B(5). Any such outdoor off-street parking area in a residence district shall be screened by evergreen plantings maintained at a height of at least four feet.
No automobile, motor vehicle or motorcycle shall be parked or left standing on any portion of the front yard of any property in the Village of East Williston except upon that portion of the front yard covered by a driveway. For purposes of this subsection, "driveway" shall mean the path leading directly from a street to a garage, exclusive of the sidewalk, and shall not include slabs, chevrons or aprons built to the side of the driveway, except that in the absence of a garage on the premises, "driveway" shall mean that portion of the front yard along the side lot line of the premises designated for the parking of motor vehicles.
No house trailer, mobile home, horse trailer, boat or boat trailer, or any similar equipment shall be parked or stored in any front yard or in any required side yard or within 10 feet of any lot line. Any such vehicle or stored vehicle or equipment shall be screened from view from adjacent properties by appropriate maintained evergreen plantings or, if possible, by a fence or wall erected in conformance with the provisions of § 160-37. The parking or storage of a commercial vehicle on a lot in any district other than the Business District shall not be deemed an accessory use and is prohibited, except that the parking or storage of one commercial vehicle not exceeding one ton owned and used by the owner or tenant of the lot wholly within a private garage located on said lot shall be deemed an accessory use and is permitted. For the purposes of this section "commercial vehicle" shall be defined as any classification of vehicle under § 501-a of the Vehicle and Traffic Law other than "personal use vehicle" which shall be defined as follows: a vehicle constructed or altered to be used for recreational purposes which is exclusively used to transport family members and for personal possession of such family members for nonbusiness recreational purposes by the operator, or a rental truck which is exclusively used to transport personal possessions of the person who rented the truck for nonbusiness purposes.
No unlicensed vehicle shall be parked or stored outdoors.
Accessory off-street parking or truck loading areas shall be improved in accordance with Village specifications.
Required accessory off-street parking area or truck loading space shall not be encroached upon by buildings, open storage, or any other use.
The storage of manure or of odor- or dust-producing substances as an accessory use shall not be permitted within 50 feet of any side or rear lot line or within 100 feet of any front lot line.
The keeping of more than two dogs more than six months old in outdoor shelters or pens or the keeping of any horses or farm livestock on the premises shall be prohibited.
The following accessory uses, buildings and structures shall be prohibited in all districts:
Dish antennas shall be permitted to the extent that they must be located within the backyard and may not exceed 18 inches in diameter, and, notwithstanding the foregoing, dish antennas shall otherwise be permitted to the extent that the same are in compliance with all federal rules and regulations with respect to the same.
Wind energy conversion system.
No accessory lighting facilities shall be permitted on any lot which direct light onto any abutting properties or create glare visible from any abutting properties, and any lighting controlled by sensor be shall be trained to the property line and rendered incapable of activation by objects outside the property line.
Village residents shall be permitted to place and maintain curbing between their property and the Village property along the street line provided that said curbing is composed of Belgian block only. Said curbing shall be deemed a structure for the purposes of the Municipal Code and shall require a permit and all other appropriate inspection as required by this Code with respect to structures within the Village.
No garages shall be permitted to be partially or fully below finished grade.
No exterior flue shall be attached to a building or structure without the same being enclosed within siding or similar material matching the wall to which the same is attached.
Home occupation. The carrying on of a home occupation by a person residing in the dwelling unit in which such home occupation is carried on is permitted in residential districts, provided that there is no display of goods or advertising visible from any street, that no assistant is employed, that no mechanical or electrical equipment is used except ordinary equipment, and provided further, that such home occupation is not carried on in any accessory building.
§ 160-33 Lot area, lot coverage, lot width and yards.
[Amended 12-14-2020 by L.L. No. 1-2021]
With respect to lot coverage.
In addition to the district regulations limiting total building area coverage of lots, no more than 40% of the property located between the rear property line and the required rear yard setback shall be covered with accessory buildings and structures.
The calculation of this percentage of rear yard coverage shall include those yard areas covered by temporary structures, including but not limited to decks, patios, sheds and open storage of more than an incidental transitory character.
With respect to yards.
The following accessory structures may be located in any required front yard:
Decorative lamppost less than six inches in diameter, less than 90 inches in height.
Flagpole less than six inches in diameter, height must not exceed 18 feet.
Mailbox posts less than six inches in diameter, may be placed within five feet of front of home.
Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings and structures in a rear yard and the ordinary projection of sills, belt courses, and ornamental features projecting not more than six inches and cornices and eaves projecting not more than 18 inches from the building wall.
Open or lattice-enclosed fireproof fire escapes or stairways, required by law, projecting into a yard not more than four feet, and the ordinary projections of chimneys and pilasters shall be permitted by the Building Inspector when placed so as not to obstruct light and ventilation.
Where a lot extends through from street to street or is located on a corner, the applicable front yard regulations shall apply on both street frontages.
The following minimum required transitional yards and screening shall be provided within nonresidential districts adjoining residential districts in order to assure orderly and compatible relationships along such boundary lines:
Minimum required transitional side and rear yards shall be 10 feet.
The minimum required screening with such transitional side and rear yards shall be six-foot-high evergreen landscape planting to be established and maintained by the nonresidential property owner along side and rear property lines.
§ 160-34 Height.
Nothing herein contained shall restrict the height of the following architectural and structural features:
On any public or semipublic building, a spire, cupola, dome, belfry or clock tower.
Flagpole, chimney flue, elevator or stair, bulkhead, or water tank as accessory facilities to permitted or conditional uses in a given district.
Radio or television tower, transmission line or tower or similar structure necessary as a public service facility only after approval as a conditional use by the Village Board of Trustees.
No building or structure erected pursuant to this § 160-34 to a height in excess of the height limit for the district in which it is situated shall:
No private radio or television antenna, mast or tower shall exceed the maximum permitted height prescribed for the district in which such proposed structure is to be located.
No deck or similar structure shall have a floor elevation more than three feet above the finished grade over which such structure is located.
Balcony restriction. Balconies shall be permitted within the Village of East Williston, except that no balcony may be functional. Only balconies that are decorative in nature shall be permitted. In any event no access doorways shall be permitted.
[Added 5-10-1993 by L.L. No. 9-1993; amended 5-11-1998 by L.L. No. 4-1998]
§ 160-35 Sign regulations.
Professional signs and announcement signs in residential districts.
A professional sign or an announcement sign for a home professional office shall bear only the name and profession of the resident. Such signs shall have a maximum area of 1/2 square foot and may be located on the building wall or in the required front yard, provided that it is set back at least 10 feet from all property lines and is not more than five feet above the natural ground level at its location.
A church or other place of worship may have one announcement sign, not over 18 square feet in area, on each public street frontage of its property, either fixed on the main wall of the building or located in the required front yard, provided that it is set back at least 20 feet from the front property line and at least 25 feet from all other property lines.
A parish house, club, school, or public or semipublic building may have one announcement sign not over six square feet in area on each public street frontage of its property, either fixed on the main wall of the building or located in the required front yard, provided that it is set back at least 20 feet from the front property line and at least 25 feet from all other property lines.
A church or other place of worship, a parish house, club, school, or public or semipublic building may also have one temporary announcement sign, not over 32 square feet in area, on each public street frontage of its property, located in the required front yard, for a period not exceeding 30 days, for the purpose of announcing a special event, provided that it is set back at least 20 feet from the front property line and at least 25 feet from all other property lines. The sign permit for such a temporary sign shall automatically be deemed to be revoked 30 days after the date of issuance of such permit, and such temporary sign shall be removed from the premises upon the revocation of such permit. There shall be no fee for the permit for such temporary sign.
Such signs may be double-faced.
Identification signs in the Business District.
A wall identification sign may only be attached to or incorporated in a building wall. Such sign shall not:
Detached or ground identification signs shall be prohibited.
Real estate and construction signs shall be prohibited.
General provisions.
The area of a sign shall be determined by the smallest rectangle that encompasses all of the letters or symbols that make up the sign together with the area of any background of a different color or material than the general finish of the building, whether painted or applied.
The outlining by direct illumination of all or part of a building such as a gable, roof, wall, side or corner is prohibited, except during the Christmas season.
No flashing or moving signs or rooftop signs shall be permitted in any district.
Illumination of signs shall be accomplished by means of shielded light sources and in such a manner that no glare shall extend beyond the property lines or disturb the vision of passing motorists.
Temporary or permanent signs resting on or attached to vehicles shall not be used as a means to circumvent the provisions of this chapter.
No sign shall be so located as to detract from or obstruct historical buildings from public view.
Off-premises advertising signs, or billboards, are prohibited in all districts.
Nothing contained in this chapter shall be construed to prohibit the Village or any other governmental agency from erecting and maintaining public signs deemed to be necessary in the public interest.
All nonpublic signs, except for residence nameplates and street number signs not exceeding two square feet that are accessory to residence buildings, shall have an approved building permit and permit number issued by the Village Clerk after authorization by the Building Inspector pursuant to § 160-47.
§ 160-36 Off-street parking and truck loading requirements.
General. Off-street parking and truck loading spaces shall be provided and kept available as an accessory use to all permitted and conditional uses of buildings, structures, and lots in amounts not less than those specified in this section.
Method of determining off-street parking space requirements.
The requirement for a single use (e.g., a one-family dwelling or a retail store) shall be determined directly from the schedule of such requirements which is part of this section.
The requirement for a combination use made up of several component uses (e.g., a retail store combined with an office building) shall be determined by establishing the requirement for each component use from the schedule of such specific requirements which is part of this section and adding them together.
When the required number of spaces is determined to result in a fraction, it shall be increased to the next highest whole number.
If the use is not specifically listed in the schedule of such requirements, the requirements shall be the same as for the most similar listed.
A garage or carport may be used to meet the requirements of this section. A driveway may only be used to meet the requirements of this section where it serves a one-family dwelling pursuant to § 160-32.
Schedule of the off-street parking space requirements for specific uses.
Uses | Requirement: Number of Spaces | |
|---|---|---|
One-family and two-family dwellings | 2 per dwelling unit plus 1 additional space for each bedroom in excess of 3 bedrooms | |
Multifamily dwelling | 2 per dwelling unit, provided that at least 1 per dwelling unit shall be enclosed within the dwelling structure | |
Auditorium or place of public assembly in a church or other place of worship, parish house, Sunday school, club, lodge, community building, school, academy, seminary, library, museum, funeral home | 1 per 3 permanent seats, or 1 per 40 square feet of seating area where fixed seating is not provided, plus 1 per employee | |
Bank, savings and loan association | Same as office plus a 10-space queuing line for each drive-in teller's window | |
Home professional office | 2 for the first 150 square feet of floor area given over to such use plus 1 for each additional 150 square feet or fraction thereof, plus 1 per nonresident employee | |
Retail store and personal service establishments | 1 per 300 square feet of gross floor area but not less than 25% of the lot area | |
Office, office building, medical arts or ambulatory care clinic | 1 per 150 square feet of gross floor area |
Truck loading requirements.
Every building or structure or lot used for nonresidential purposes shall be provided with off-street truck loading spaces in accordance with the following schedule:
Square Feet of Floor Area | Requirement: Number of Spaces | |
|---|---|---|
Under 5,000 | None | |
5,000 to 14,999 | 1 | |
15,000 or more | 2 |
Every multifamily dwelling shall be provided with not less than one off-street truck loading space for each 30 dwelling units.
Private garage or off-street parking area in residence districts; supplemental regulations.
Not more than two parking spaces per dwelling unit may be rented to persons living off the premises in the case of a one-family or two-family dwelling use; not more than one parking space per each two dwelling units may be rented to persons living off the premises in the case of any other residence use; further provided that any such rented parking space shall be within a private garage.
Not more than one commercial vehicle shall be housed or parked in a private garage. Such commercial vehicle shall not exceed a gross motor vehicle weight of 10,000 pounds or 25 feet in length.
The total of all driveway curb cuts or similar vehicle access points along a lot street line shall not exceed 20 lineal feet in width.
Nonresidential access driveway requirements.
Private garages and public parking areas may have separate or combined entrances.
Every separate entrance or exit driveway shall have a minimum unobstructed width of 10 feet on collector roads and 15 feet on secondary highways. Every combined entrance and exit driveway shall have a minimum unobstructed width of 20 feet on collector roads and 30 feet on secondary highways. Parking areas with 20 spaces or more shall have at least two separate entrance and exit driveways.
The gradient of driveways shall be such as to facilitate entrance and exit traffic flow.
Design requirements for nonresidential off-street parking and truck loading areas.
All accessory off-street parking and truck loading areas shall be located in accordance with the provisions of § 160-32.
A scaled plan of the physical improvements proposed for off-street parking and truck loading areas shall be prepared in accordance with good professional practice and Village construction specifications and submitted with the application for a building permit for review and approval by the Village Engineer and, when required, site plan review pursuant to § 160-52.
Accessory off-street parking areas shall be marked off into parking spaces with a minimum width of 10 feet and a minimum length of 18 feet, or, in the case of parking spaces for large trucks and special equipment, the minimum size of parking spaces shall be determined by the Village Engineer based on the nature of the parked vehicles.
An accessory off-street standard truck loading space shall have a minimum width of 12 feet, a minimum length of 25 feet, and a minimum clear height of 14 feet. The related aisles or driveways shall have the same minimum width and clear height.
Exemptions and waivers.
Existing buildings and uses are exempt. The provisions of this section shall not apply to any building or structure or lot lawfully in use at the effective date of this chapter, whether continued as a permitted use or as a legal nonconforming use or converted or changed without enlargement to a different lawful use having the same parking and truck loading requirements.
Where the Village Board of Trustees shall determine that a proposed land use, building or structure is adequately served by existing or proposed public parking facilities as a matter of public policy, the off-street parking space requirements stipulated in this section may be waived by such Board.
§ 160-37 Fences and walls.
No fence or wall shall be erected, extended, replaced, altered or relocated without a building permit.
Fence.
No fence shall exceed four feet in height measured from the finished grade at its base, except that:
Where the finished grade has a short transitional slope of 45º or more over a fence length of two lineal feet or less, a four-foot-long transitional fence may exceed the four-foot maximum height provided that it shall not exceed the four-foot maximum permitted height on the high end of the transitional slope.
The westerly boundary fences at the Wheatley Hill Golf Club, fences abutting the Long Island Railroad tracks, property fences surrounding Nassau County recharge basins, and residential boundary fences abutting Devlin Field and for 477.56 feet abutting the Old Notor Parkway west of Block 613, Lot 11 may not be more than six feet in height.
No fence shall be erected in a front yard except where such fence is erected along or behind the minimum required front yard setback line. Notwithstanding the foregoing, any church may erect and maintain a fence in the front yard provided that such fence is located no closer than three feet to the street line, does not exceed three feet in height and is only of a one-or-more-rail split rail or round rail fence with posts at least eight feet apart.
The type of materials used and the method of construction must be suitable and in harmony with the neighborhood in which the fence is to be constructed and must be approved by the Building Inspector. The finished side of all fences must face away from the subject property.
[Amended 5-11-1998 by L.L. No. 4-1998]
Walls and retaining walls. Walls and retaining walls shall be subject to the same regulations as fences as provided in Subsection B; provided, however, that on a lot where there is more than a four-foot difference in the existing natural ground elevation between the rear of the required front yard and the adjoining street line, a retaining wall not exceeding four feet in height may be erected if it is set back at least 15 feet from the street line and does not interfere with corner clearance pursuant to Chapter 109, §§ 109-19 and 109-20 of this Municipal Code.
Method of measuring the height of a fence or wall. The height of a fence or wall shall be measured from the finished grade at the base of the fence, except that where there is a retaining wall, the height shall be the difference between the finished grades at each side of the retaining wall and, further, except that any fence or wall on the uphill side of such retaining wall, where permitted in accordance with the provisions of Subsections B and C, may be at least four feet high.
§ 160-38 Swimming pools and hot tubs.
Location and lot coverage.
[Amended 5-10-1993 by L.L. No. 9-1993; 12-13-1999 by L.L. No. 1-1999; 12-14-2020 by L.L. No. 1-2021]
A swimming pool or hot tub, or portion thereof, including its accessory equipment and facilities, shall not be located in any front yard or in any portion of the lot located in the space created between the nearest roofed portion of the principal building or buildings and the side lot lines and extending from the curbline to the rear property line.
A swimming pool may be constructed such that the pool is completely enclosed by fencing as per the Uniform Code located at least six feet but not more than 10 feet from the edge of the pool and with such fencing being set back at least five feet from any side or rear lot line. Alternatively, if a pool protective fence is not installed as described in the previous sentence, then the pool must be located a minimum of 11 feet from the property line with an approved power cover installed meeting the criteria tor safety protection. In addition, complete safety barrier protection is to be provided which may include a combination of yard fencing and/or structures as per the Uniform Code. When the pool is not in use any required cover must be in place.
A hot tub shall be set back at least 10 feet from any side or rear lot line.
With respect to lot coverage, any property meeting one of the following criteria shall be permitted up to 600 square feet of additional lot coverage beyond the maximum otherwise permitted under the Code solely for the area covered by a pool and its appurtenances.
The property is located in an RAA Zone.
The property size exceeds 11,000 square feet.
The property size exceeds 10,000 square feet and has a property depth with the two side property lines averaging greater than 110 feet deep. The depth requirement is excluded on properties that back the Wheatley Hills Golf Course, Long Island Railroad, recharge basin or the Motor Parkway.
General requirements.
Notwithstanding the above, the pool must meet the all guidelines prescribed by the Uniform code. In addition the following is considered:
[Amended 12-14-2020 by L.L. No. 1-2021]
Every pool shall be completely enclosed by a see-through chain link fence four feet in height located at least six feet but not more than 10 feet from the edge of the pool to prevent accidental entry and unauthorized use of the pool.
Such fencing shall have a gate or entranceway locked at all times when no adult is at the pool. Such a gate or entranceway shall be equipped so that it self-closes and snap locks with a snap lock that shall be so located and of such a type of release as to make it difficult for young children to open the gate.
The Board of Trustees may prescribe the method and type of fencing which will in the opinion of the Board safeguard the public health, safety and general welfare. In making such determination the Board of Trustees shall take into consideration the character of the district with a view to conserving the value of buildings and land and encouraging the most appropriate use of land within the Village.
No lighting shall be permitted in or about said pool except such lighting that shines into or upon said pool, decks and walkways and casts no light or reflection onto abutting properties.
No loudspeaker device, which can be heard beyond the property lines of the premises on which any swimming pool has been installed, may be operated in connection with such pool.
Such pool, when maintained and used or intended to be used for swimming, bathing or wading by adults or children, shall be used solely by the owner, tenant or lessee of the premises upon which the pool is situated and by his family or friends and guests invited to use it without payment of any fee.
Design and maintenance standards.
Private water supply. In the event the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.
Such pool, when used for swimming, bathing or wading, shall be chemically treated in a manner sufficient to conform with the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools and shall be so maintained.
Water disposal. Water overflow from the pool and, when the pool is emptied, the water therefrom shall be disposed of on the owner's land and shall be prevented from flowing over or into the land of any adjoining property owner or over or into any abutting street or into any sanitary sewer.
Materials of construction. No pool shall be built, constructed or maintained except of materials having adequate strength to retain the water designed to he contained therein. Each pool shall be designed in accordance with sound engineering practice.
Building permit requirement for swimming pool.
[Amended 5-10-1993 by L.L. No. 9-1993]
No swimming pool shall be constructed, erected or maintained unless a building permit for such a swimming pool and its appurtenances shall have been issued by the Village Clerk after approval by the Building Inspector pursuant to Chapter 142 of this Municipal Code.
An application for such permit shall be on such form as may be furnished by the Building Inspector and shall be accompanied by a survey. A previously completed survey shall be acceptable for the purposes of this section so long as the survey is updated to reflect all later improvements built subsequent to the survey and the dimensions of the improvements. The application must also be accompanied by complete plans and specifications of the pool, the plan for the disposal of water, the type and location of fencing, and indicating the location and elevation thereof with respect to the boundary lines of the land of the applicant and existing topography. Permits may be issued only upon application of the owner of the land or his agent duly authorized in writing to make such application. Application shall be accompanied by a permit fee in the sum of $125 for the first $1,000 of cost and $75 for each additional $1,000.
The plans and specifications accompanying the application for a permit must be inspected and approved by the Village Plumbing Inspector with regard to the backflow prevention device to guard against a cross-connection and by the Village Building Inspector before the issuance of a permit. After the completion of the construction and excavation of a pool and before any use thereof by any person, the Village Building Inspector must issue his or her certificate of completion.
Existing pools. The owner of any land upon which a pool shall have been constructed prior to the date of the adoption of this section and the requirement of a permit duly issued by the Board of Trustees of the Village of East Williston shall within 90 days after the effective date of this section comply with all of the provisions of this section, except he or she shall not be required to make application for a new permit, and perimeter fencing lawfully existing as of the date of enactment hereof need not be changed.
Abandonment. Should an owner abandon a pool, he or she shall arrange to remove any depression and return the surface of the ground to its original grade and approximately the same condition as before the pool was constructed and he shall further notify the Village Clerk of the abandonment so that the inspection of the site may be made and the records of the permit be marked accordingly.
General requirements for hot tubs. The hot tub must meet the all guidelines prescribed by the Uniform Code. In addition the following is considered:
[Added 5-10-1993 by L.L. No. 9-1993; 12-14-2020 by L.L. No. 1-2021]
Every hot tub shall be completely enclosed by a heavy industry-standard locked cover when not in use.
The Board of Trustees may prescribe a method and type of fencing which will in the opinion of the Board safeguard the public health, safety and general welfare. In making such determination the Board of Trustees shall take into consideration the character of the district with a view to preserving the value of buildings and land and encouraging the most appropriate use of land within the Village.
No lighting shall be permitted in or about said hot tub except such lighting that shines into or upon said hot tub, decks and walkways and casts no light or reflection onto abutting properties.
No loudspeaker device, which can be heard beyond the property lines of the premises on which any hot tub has been installed, may be operated in connection with such hot tub.
Such hot tub shall be used solely by the owner, tenant or lessee of the premises upon which the hot tub is situated and by his family or friends and guests invited to use it without payment of any fee.
Design and maintenance of hot tubs.
[Added 5-10-1993 by L.L. No. 9-1993]
Private water supply. In the event the water for such hot tub is supplied from a private well, there shall be no cross-connection with the public water supply system.
Such hot tubs shall be chemically treated in a manner sufficient to conform with the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools and hot tubs and shall be so maintained.
Water disposal. Water overflow from the hot tub and, when the hot tub is emptied, the water therefrom shall be disposed of on the owner's land and shall be prevented from flowing over or into the land of any adjoining property owner or over or into any abutting street or into any sanitary sewer.
Materials of construction. No hot tub shall be built, constructed or maintained except of materials having adequate strength to retain the water designed to be contained therein. Each hot tub shall be designed in accordance with sound engineering practice.
Building permit requirements for hot tubs.
[Added 5-10-1993 by L.L. No. 9-1993]
No hot tub shall be constructed, erected or maintained unless a building permit for such a hot tub and its appurtenances shall have been issued by the Village Clerk after approval by the Building Inspector pursuant to Chapter 142 of this Municipal Code.
An application for such permit shall be on such form as may be furnished by the Building Inspector and shall be accompanied by a licensed survey. A previously completed survey shall be acceptable for the purposes of this section so long as the survey is updated to reflect all improvements built subsequent to the survey and the dimensions of the improvements. The application must also be accompanied by complete plans and specifications of the hot tub, the plan for the disposal of water, the type of cover for the hot tub and indicating the location and elevation thereof with respect to the boundary lines of the land of the applicant and existing topography. Permits may be issued only upon application of the owner of the land or his agent duly authorized in writing to make such application. Application shall be accompanied by a permit fee in the sum of $25, filing fee, and $75 for the first $1,000 of cost and $10 for each additional $1,000, or part thereof, thereafter.
The plans and specifications accompanying the application for a permit must be inspected and approved by the Village Plumbing Inspector with regard to the backflow prevention device to guard against a cross-connection and by the Village Building Inspector before the issuance of a permit. After the completion of the construction and excavation of a hot tub and before any use thereof by any person, the Village Building Inspector must inspect and approve the construction and erection of such hot tub in accordance with the provisions of this chapter and Chapter 154, Article II, Cross-Connections, and the Village Building Inspector must issue his or her certificate of completion.
Existing hot tubs. The owner of any land upon which a hot tub shall have been constructed prior to the date of the adoption of this section and the requirement of a permit duly issued by the Board of Trustees of the Village of East Williston shall within 90 days after the effective date of this section comply with all of the provisions of this section, except he or she shall not be required to make application for a new permit.
[Added 5-10-1993 by L.L. No. 9-1993]
Abandonment of hot tubs. Should an owner abandon a hot tub, he or she shall arrange to remove any depression and return the surface of the ground to its original grade and approximately the same condition as before the hot tub was constructed, and he shall further notify the Village Clerk of the abandonment so that the inspection of the site may be made and the records of the permit be marked accordingly.
[Added 5-10-1993 by L.L. No. 9-1993]
§ 160-39 Nonconforming uses and nonconforming buildings or structures.
Application of regulations.
This section shall apply to all buildings or structures and all uses of buildings or structures or lots lawfully existing prior to the effective date of this chapter, or of subsequent amendments, revisions or reenactments of this chapter, which do not conform to the provisions of said original Zoning Chapter, or to such revisions or reenactments on their effective dates.
Unlawful buildings, structures, or uses not construed as nonconforming. No unlawful building or structure or unlawful use of a building or structure or lot existing at the effective date of this chapter shall be deemed to be a nonconforming building, structure, or use.
Continuance.
Any nonconforming use occupying any building, structure, lot or land at the time of the effective date of this chapter or any amendment thereto which does not comply, after the effective date of this chapter or any amendment thereto, with the use regulations of the district in which it is situated may be continued in the building or structure, or upon the lot or land so occupied, except as provided in Subsection G.
A conforming building or structure used by a nonconforming use shall not be reconstructed, structurally altered, restored, or repaired to an extent exceeding 50% of the replacement cost of such building or structure, exclusive of foundations, unless the use of such building or structure is changed to a conforming use.
A nonconforming building or structure that is devoted to a conforming use may be enlarged, reconstructed, structurally altered, restored, or repaired in whole or in part, and the provisions of Subsection C(2) above shall not apply, except that the degree of nonconformity shall not be increased.
A nonconforming lot, separately owned and not adjoining any lot or land in the same ownership at the effective date of this chapter or at any time subsequent to such date, may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of a title search.
An existing building or structure designed and used for a conforming use but located on a nonconforming lot, whether the building is conforming or nonconforming with respect to lot coverage and minimum yard requirements, may be enlarged, reconstructed, structurally altered, restored or repaired in whole or in part, except that the degree of nonconformity shall not be increased.
Extension. A nonconforming use shall not be enlarged or extended, nor shall the nonconformity of a nonconforming building be increased, except as provided in § 160-45, by the Board of Appeals.
[Amended 12-13-1999 by L.L. No. 1-1999]
Change. A nonconforming use shall be changed only to a conforming use, except as provided in § 160-45, by the Board of Appeals.
Abandonment.
A nonconforming use shall be deemed to have been abandoned:
When it is changed to a conforming use.
In cases where such nonconforming use is of a building or structure designed for such use, when it has been voluntarily discontinued for a period of 12 consecutive months, and, in cases where such nonconforming use is of a building or structure designed for such use, when it has not in fact been actually used for a continuous period of 36 consecutive months.
In cases where such nonconforming use is of a building or structure not designed for such use or is of a lot or land whereon there is no consequential building or structure devoted to such use, when it has been voluntarily discontinued for a period of six consecutive months, and, in such cases, when it has not in fact been actually used for a continuous period of 18 months.
A nonconforming use that has been abandoned shall not thereafter be reinstated.
Compulsory termination of nonconforming buildings, structures or uses.
A nonconforming building, structure or nonconforming use may be subject to compulsory termination by the Village Board of Trustees when it is found detrimental to the conservation of the value of the surrounding land and improvements, or to future development of surrounding lands, and therefore is tending to deteriorate or blight the neighborhood.
In ordering the compulsory termination of a nonconforming structure or nonconforming use, the Village Board of Trustees will establish a definite and reasonable amortization period during which the nonconforming use may continue while the investment value remaining after the date of the termination order is amortized. Determination of the amount to be amortized shall be based on the value and condition of the land and improvements for the nonconforming use less their value and condition for a conforming use, and such other reasonable costs as the termination may cause. The rate of amortization shall be in accordance with reasonable economic practice.
§ 160-40 Conditional uses.
[Amended 3-12-2007 by L.L. No. 1-2007]
Statement of purpose.
This conditional use review and approval procedure is established in recognition that many uses customarily found in communities may cause severe adverse impacts on a small, nearly completely developed residential village such as East Williston. It also recognizes that in many instances, such uses may be existing or more appropriately be located as new uses within the more spacious areas of neighboring communities. Therefore, the Village Board of Trustees has undertaken the responsibility of reviewing these uses in terms of its declaration of purposes in § 160-2 in good environmental and development practice. For the purposes of this statute, "conditional use," and "special use" carry the same meaning.
When this section was initially enacted in conjunction with the Village codification published in 1988, certain conditional uses were listed as being approved in the various residential districts. A review of the prior Code and the buildings and structures which were present at the time of the prior codification makes clear the intent of the Board of Trustees at the time. The intent was to provide for conditional use designations which would allow for specifically existing buildings and structures to remain. For example, the Residence AA District allowed for the conditional use designation of a "country club or a golf course, non-profit." A golf club, the Wheatley Hills Golf Club, existed at the time of the prior enactment and continues to be found at the same location. It therefore appears that the grant of a conditional use designation was based at least in part upon the characteristics of the buildings and structures that were already in existence. The Code as it was then enacted also reflected the possibility of applying for conditional uses anywhere else in the Village.
One of the purposes of this amendment is to therefore clarify that the conditional use designations will continue in each district so long as the characteristics of the buildings and structures upon the properties which have already received such designations remain in existence. This does not preclude application for a new structure or modification to an existing structure, but does require that any such construction or modification comport with the earlier grant. Any construction including modifications must come before the Board of Trustees following the process below.
This enactment thus clarifies that a conditional use designation may be granted for buildings, structures and designs found on properties which currently operate under such a designation. For example, if the conditional use of a church has already been granted on a property in a particular residence district, an application could be made to receive a conditional use designation for the construction or modification of the church in the setting where the conditional use designation was previously granted. Application may also be made to modify an existing conditional use to become multifamily dwelling in accord with the criteria below. In any case an application must be submitted to the Board of Trustees. To receive, or continue, a conditional use designation, the criteria and hearing requirements below must be met.
General provisions. All conditional uses shall be deemed to be permitted uses subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements as set forth in this Zoning Chapter.
Application, public hearing and general standards. Application for required conditional use permits shall be made to the Village Board which shall review and approve, approve with modifications or disapprove all conditional use applications provided for in this chapter. The application shall be submitted in the same manner as one would be submitted seeking a variance under this Code, with the same notice and hearing requirements. Each such application shall be referred to the Planning Board for a report, which report shall be rendered prior to the date of public hearing on the application. The Planning Board report shall only be advisory to the Board of Trustees. Similarly, if the conditional use is found in the Historic District, then the Historic District Commission shall also render a report which shall be advisory only to the Board of Trustees. The Board of Trustees, in its discretion, may also seek the input of such other Village Boards or officials as it deems necessary. The Board of Trustees may also engage the services of such outside professionals as it deems necessary in conjunction with any hearing. A public hearing for the conditional use permit application shall be held within 62 days of receipt of a complete application. Within 62 days of the close of the public hearing, the Village Board shall decide whether to approve, approve with modifications or disapprove the conditional use permit application. However, the fact that a decision is not reached in 62 days shall not be deemed to result in either the automatic grant, or denial of the application. The time at which the Village Board must arrive at its decision may be extended at the request of the applicant or as necessary for the Village Board to complete all necessary environmental review requirements pursuant to the State Environmental Quality Review Act (SEQRA) or for the Board to receive such additional materials, drawings or the like from the applicant as the Board deems necessary. A copy of the Board's decision shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant. The Village Board may authorize the issuance of a permit, provided that it shall find that all of the following conditions and standards have been met, and may deny such application which in its judgment is not in accordance with said conditions and standards:
The location of the property granted a conditional use designation, the nature and intensity of the operations and traffic involved in or conducted in connection with the conditional use designation, the size of the site, and the location of the site with respect to the type, arrangement and capacity of streets giving access to it, are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
The location, nature and height of buildings, walls and fences, and the nature and extent of the landscaping and screening on the site, as existing or proposed, are such that the conditional use designation will not hinder or discourage the appropriate development and use of adjacent land and buildings.
Operations in connection with any conditional use designation will not be more objectionable to nearby properties by reason of noise, fumes, vibrations, lighting or flashing of lights, than would be the operations of any permitted use not requiring a conditional use permit.
Parking areas will be of adequate size for the particular use properly located and suitably screened from any adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.
Each conditional use designation and the structures and buildings permitted shall be of such character, intensity, size and location that in general it will be in harmony with the orderly development of the district in which the property is situated and will not be detrimental to the orderly development of the surrounding area.
Each conditional use sought in a residential district shall be so located on the lot involved that it shall not impair the use, enjoyment and value of adjacent residential properties.
The nature and intensity of a conditional use sought in a residential district and the traffic generated by it shall not be hazardous, incongruous or detrimental to the prevailing residential character of the neighborhood.
Each conditional use in the Business District shall be harmonious with the surrounding area which its location is sought, shall not create undue pedestrian or vehicular traffic hazards and shall not include any display of signs, noise, fumes or lights that will hinder the normal development of the district or impair the use, enjoyment and value of adjacent land and buildings.
Required plan. A plan for the proposed development of a site for a conditional use designation shall be submitted with an application for a conditional use permit along with any other drawings or the like that the Board may require. The plan shall be drawn to a scale deemed sufficient by the Board of Trustees to a scale deemed sufficient to the Board of Trustees, and shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, topography, special features, and any other pertinent information, including such information about neighboring properties as may be necessary to determine and provide for the enforcement of this Zoning Chapter. Any plan submitted must clearly identify any variances from Code that will be required.
Conditions and safeguards. The Village Board shall attach such conditions and safeguards to the conditional use permit as are necessary to assure continual conformance with all applicable standards and requirements.
Time limitations of permit.
The Village Board may issue a temporary conditional use permit subject to adequate guarantees that the use will be terminated, at the end of the period specified in the Board's approval, or it may issue a conditional use permit for a stated period, subject to an application for renewal or extension of said permit.
Two violations of any condition or safeguard imposed by the Village Board may be the basis for the Village Board to deny the renewal or extension of a conditional use permit.
Expiration. A conditional use permit shall be deemed to authorize only the particular use or uses specified in the permit, and shall expire if said use or uses shall cease for more than 12 months for any reason. Each conditional use permit is subject to the review of the Board of Trustees upon sale of the property.
Existing violations. No permit shall be issued for a conditional use designation for a property upon which there is an existing Zoning Chapter violation.
Preexisting uses deemed to be conforming. Any lawful conditional use designation at the time of the adoption of this chapter or any amendment thereof which, if newly created under this chapter, would require a conditional use designation in the district in which it is situated may be continued and shall be deemed to be a legal use, but any modification, change or extension thereof shall be subject to the issuance of a conditional use permit as provided in this chapter.
