Hewlett Bay Park City Zoning Code
ARTICLE VI
Educational and Religious Uses
§ 146-24 Special regulations.
In addition to the regulations and requirements otherwise applicable, including the other requirements of this chapter, all educational and religious uses permitted by this chapter shall comply with the following requirements, and no building or structure shall be erected, altered or occupied, and no lot or premises occupied or used, for such purposes except in compliance with this article.
A.
Height. No such building or use, except a building devoted exclusively to public worship, shall have a height of more than two stories or 30 feet above the curb level of the lot.
B.
Building area. No such building, together with its accessory structures, shall exceed 10,000 square feet of floor area at curb level.
C.
Size of lot. No such building or use shall be permitted on a lot having an area of less than 87,120 square feet.
D.
Rear yards. Every such building shall have a rear yard of a minimum depth of 50 feet. No accessory structure shall be built in the rear yard closer than 50 feet to the rear property line.
E.
Front yards. Every such building shall have a front yard of a minimum depth of 100 feet. No accessory structure or use is permitted in the front yard.
F.
Side yards. The side yard of every such building shall have a minimum width of 75 feet. No accessory structure is permitted in the side yard.
G.
Minimum street frontage. No such building or use shall be permitted on a lot having a street frontage of less than 200 feet. In the case of a lot adjoining more than one street, the frontage on each street shall not be less than 200 feet.[1]
[1]
Editor's Note: Original Section 2.1.24(h)1 through 9, which dealt with fireproof construction and which immediately followed this subsection, was deleted 11-8-1989 by L.L. No. 25-1989.
H.
Off-street parking.
(1)
No building, including accessory buildings, shall be hereafter erected, altered or added to for use as a place of worship or as a school or for purposes incidental thereto unless off-street parking on the premises shall be provided for to the extent of the greater of either:
(a)
No less than one parking space for each five permanent seats in such building or for each part of the total area within such building or structure as is or may be made available for five permanent or temporary seats; or
(b)
One parking space for every 100 square feet of floor area in the building.
[Amended 9-17-1990 by L.L. No. 4-1990]
(2)
Each parking area must be provided with adequate facility for drainage. Such drainage shall not drain into village roads or village draining system, but shall be self-contained and constructed in a manner to be approved by the Village Engineer.
(3)
In no case shall any parking space required by this section be located in the front yard or in the required setback areas of the side and rear yards as defined in this chapter.
(4)
All parking spaces required by this section shall be maintained in good condition and have adequate means of ingress and egress as approved by the Building Inspector of the Village of Hewlett Bay Park.
(5)
Notwithstanding any other provisions contained in this chapter, every parking area heretofore or hereafter constructed or maintained shall be enclosed with a good quality solid sapling fence six feet in height, with the finished side facing the property lines and entirely enclosing the parking area, with the exception of the parts used for ingress and egress. Said fence is to be properly landscaped and screened, with shrubs and plants to be situated on the outside of the fence.
§ 146-24.1 Religious uses.
Any building, structure or premises used for a religious use shall comply with the following conditions and limitations:
A.
Height. No building or structure used for a religious use, or a permitted accessory use, shall have a height (exclusive of a steeple or spire) of more than two stories or 25 feet, above the grade at the level of each adjoining street, whichever is less. No steeple or spire on any such building or structure shall have a height in excess of 20 feet above the top of the roof of such building.
B.
Building area. No such building, structure or use, together with any accessory buildings, structures or uses, shall occupy more than 15% of the area of the lot, exclusive of any portion of such lot which may consist of land under water. The floor area ratio of all buildings and structures on the lot or premises shall not exceed 0.20.
C.
Size of lot. No such building, structure or use shall be conducted on a lot having an area less than 87,120 square feet.
D.
Required yards.
(1)
Every lot or premises used for such purposes shall have a rear yard with a minimum depth of 50 feet.
(2)
Every lot or premises used for such purposes shall have a front yard with a minimum depth of 100 feet. No accessory building or structure may be located in a front yard.
(3)
Every lot or premises used for such purposes shall have two side yards, each of which shall have a minimum depth of 75 feet. No accessory building or structure may be located in a side yard.
E.
Street frontage. No religious use may be conducted on a lot or premises having a street frontage less than 200 feet on a public road. In the case of a lot having frontage on more than one street, the minimum street frontage on each such street shall be not less than 200 feet.
F.
Off-street parking. No religious use shall be conducted on a lot or premises unless paved off-street parking for such use is provided on the same lot or premises, consisting of not less than one parking space for each four permanent seats in the buildings or structures on the premises, or for each part of the floor area of such buildings or structures as is or may be made available for four permanent or temporary seats; or one parking space for each 100 square feet of floor area in the buildings or structures on the premises, whichever is greater.
(1)
Each parking area shall be provided with adequate facility for site drainage, which shall not drain into public roads or public drainage systems.
(2)
No parking space shall be located in a front yard or in a required rear or side yard setback area.
(3)
All parking spaces shall be maintained in good condition and shall have adequate means of ingress and egress as approved by the Board of Trustees.
(4)
All parking spaces shall be at least nine feet by 18 feet, and there shall be an aisle of at least 15 feet separating rows of parking spaces.
(5)
Every parking area shall be enclosed with a good-quality solid sapling fence six feet in height, with a finished side facing the property boundaries, entirely enclosing the parking area with the exception of such portions as are used for ingress or egress. Said fence shall be properly landscaped and screened, with shrubs and plants to be situated on the outside of such fence, in accordance with landscaping plans approved by the Board of Trustees as part of the approval of any conditional use permit.
§ 146-24.2 Educational uses.
Any building, structure or premises used for an educational use shall comply with the conditions and limitations applicable to religious uses, except as otherwise provided hereinafter:
A.
Minimum lot area. No such use shall be conducted on any lot or premises having an area less than nine acres.
B.
Maximum base enrollment. The maximum enrollment of students (whether full-time or part-time) permitted for any educational use shall be the lesser of:
(1)
Two hundred fifty students, plus 50 additional students for each full contiguous acre of land occupied by such use in excess of nine acres, except as otherwise provided herein; or
(2)
One student for each 125 square feet of floor area in buildings located on the property and used for such educational use.
C.
Permitted additional enrollment. With the permission of the Board of Trustees, an educational use may be permitted an enrollment in excess of that otherwise provided in Subsection B of this section, but in no event greater than 325 students, plus 50 additional students for each full acre of land occupied by such use in excess of nine acres, or one student for each 100 square feet of floor area in buildings located on the property and used for such educational use, whichever is less.
D.
Floor area ratio. The maximum floor area ratio of all buildings and structures on any property used for educational purposes shall not exceed 0.20.
E.
Open space. The maximum lot coverage of all buildings and structures on any property used for educational purposes shall not exceed 15%. Sidewalks, driveways, parking areas and all other impervious surfaces shall not exceed an additional 15% of the area of the property. Areas of the site designated or used for playgrounds or recreational activities shall not exceed an additional 40% of the area of the property.
F.
Maximum height of buildings and other structures. No building or structure shall exceed three stories or 30 feet, whichever is less.
G.
Recreational facilities.
(1)
Swimming pools.
(a)
The term "swimming pool," as used herein, shall mean any structure, tank or excavation intended for or used for the purposes of bathing or swimming and located on such property as an accessory use to a permitted or legal nonconforming principal use.
(b)
No swimming pool shall be permitted unless the same is fully enclosed within a building.
(c)
No building in which a swimming pool is located shall be less than 150 feet from the boundary of the lot or premises on which such building is located.
(d)
No permit shall be issued for the construction or operation of any swimming pool until the owner of the premises has filed a certification by a professional engineer licensed by the State of New York that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary and drainage facilities or with public highways. Plans and specifications must be submitted by a professional engineer or registered architect licensed by the State of New York.
(e)
All auxiliary apparatus and equipment or other device used in connection with the operation of such swimming pool shall be contained within the building or structure in which the swimming pool is located, and shall be operated in such a manner as not to cause unreasonable disturbance or annoyance to any occupant of adjoining property. No loudspeaker or other sound amplification devices shall be permitted if the sound is audible outside the confines of the building or structure in which the pool is located.
(2)
Other recreational facilities.
(a)
No outdoor recreational facility may be constructed, used or maintained except with a permit from the Board of Trustees.
(b)
No outdoor recreational facility, including a fence pertaining thereto, may be constructed or maintained in a front yard or within 150 feet of a property line.
(c)
No more than six outdoor tennis courts, paddle tennis courts, or other sports courts, may be permitted on any property in the aggregate.
(d)
All outdoor recreational facilities must be enclosed with permanent fencing approved by the Board of Trustees.
(e)
No outdoor recreational facility may be constructed or maintained so as to permit any drainage water to flow onto adjacent property or a public street.
(f)
Outdoor artificial lighting of any recreational facility is prohibited.
(g)
No covering of any nature may be erected or maintained over any outdoor recreational facility.
H.
Required setbacks of buildings or structures and other physical features. No building or structure shall be located within 100 feet of a property line. All portions of the property within 75 feet of a property line shall remain open and unused, as a buffer from adjoining properties, except that within such buffer area only the following physical features may be located, with the approval of the Board of Trustees: fences, driveways, sidewalks, landscaping, shrubbery and plantings.
I.
Required off-street parking.
(1)
Any educational use with a student enrollment in excess of 150, or with a combined number of enrolled students and faculty and administrators (whether full-time or part-time) in excess of 160, shall provide off-street parking spaces, in a paved area or areas clearly marked for such purposes, with parking spaces clearly delineated for students, faculty and visitors. Each such parking space shall be at least nine feet in width by 18 feet in length, and there shall be an aisle of at least 15 feet separating rows of parking spaces. The number of such spaces shall be at least equal to one space for each 250 square feet of floor area in all of the buildings on the premises.
(2)
In addition to the foregoing requirements, any educational use with a student enrollment in excess of 150 students (whether full-time or part-time) shall provide sufficient area or areas for parking or standing of school buses. The location and size of such areas shall be determined by the Board of Trustees upon written application.
(3)
No vehicle shall be permitted to park or stand or stop on any premises used for educational use, except in a parking area designated for that purpose.
(4)
No vehicle shall be permitted to park or stand or stop on any premises used for educational use with the motor of such vehicle running for a period of time in excess of 15 minutes in any thirty-minute period.
J.
Permitted periods of operation.
(1)
Without the prior permission of the Board of Trustees, no educational use, or any other activities in connection therewith, shall be conducted:
(2)
Where the permission of the Board of Trustees is required by this subsection for any activity, such permission may be granted by the Board of Trustees, upon written application, without a public hearing. Such application shall state the date or dates, and time or times, when such activities are to be conducted, a complete description of the nature of the proposed activities, the number of persons who it is anticipated will attend or participate in such activities and such other information as may be required by the Board of Trustees or required by law.
K.
Permitted accessory uses. In addition to the principal educational use, the following accessory uses may be conducted on the same premises as an educational use, provided that the same are operated and maintained only in conjunction with the permitted principal use:
(1)
One residence, to be occupied only by the principal or school director (or other person holding a similar position), the other members of the household of such person living and residing together as a family unit and not more than two household employees.
(2)
One private garage, not more than one story in height, with a floor area not to exceed 1,500 square feet, for parking or storage of not more than three vehicles used in conjunction with the educational use and such equipment as may be necessary and required for such use or the maintenance of such premises.
L.
Signs. No signs shall be allowed on any property used for an educational use, except such signs as are usual and customary in conjunction with such use for the purposes of identifying the address and/or occupant of the property and such signs as may be necessary for directions or instructions to persons entering or leaving the property, subject to the following restrictions:
(1)
No more than one sign identifying the address and/or the occupant of the property shall be permitted, and such sign shall not have a surface area exceeding 25 square feet. No such sign shall be erected or altered except with a permit from the Board of Trustees. Notwithstanding any other provision of this Code, the Board of Trustees shall not be required to hold a public hearing prior to the issuance of such permit.
(2)
No sign necessary for directions or instructions to persons entering or leaving the property shall be erected or maintained without a permit from the Board of Trustees. The Board of Trustees shall not permit a number of such signs, or any such sign having area or location, in excess of that reasonably required for the purpose thereof, in the discretion of the Board of Trustees. Notwithstanding any other provision of this Code, the Board of Trustees shall not be required to hold a public hearing prior to the issuance of such permit.
§ 146-24.3 Special use permits from Board of Trustees.
[Amended 1-6-2015 by L.L. No. 1-2015]
A.
In granting or amending any special use permit for a religious or educational use as required by this chapter, the Board of Trustees shall have authority to exercise (a) the power and authority to grant variances or waivers of any requirement of the zoning regulations of the Village to the same extent to which the Board of Appeals would have power and authority, and (b) the power and authority to grant any approval or take any action which would be within the authority of the Design Review Board.
B.
No such special use permit for a religious or educational use shall be granted or amended pursuant to this chapter, and no such waiver, variance or approval shall be granted or amended pursuant to this article, except after a public hearing held in the same manner and upon the same notice as would be required for a public hearing before the Board of Appeals.