Hewlett Neck City Zoning Code
ARTICLE IV
Supplementary Regulations
§ 195-14 Accessory buildings and uses.
The following additional provisions shall apply to accessory buildings and uses:
A.
The accessory building or use must be located on the same lot as the principal building or use to which it is accessory or on a lot immediately adjoining it. If it is located on a lot immediately adjoining the lot on which the principal building or use is located, and the lots are severed, the accessory use shall cease.
B.
The accessory use shall not be carried on by any person other than the occupant of the principal building, or, in case of vacant property, by the owner or lessee of the lot.
C.
The area occupied by structures and accessory buildings shall be included in computing the maximum portion of the lot area which may be built upon in any given district. The area occupied by structures and accessory buildings shall not exceed 8% of the area of the lot. Driveways and walkways used exclusively for vehicular and/or pedestrian use are excluded from this calculation.
[Amended 3-16-2023 by L.L. No. 2-2023]
D.
No accessory building constructed in a residence zone shall exceed one story or 15 feet in height.
[Added 6-2-1980 by L.L. No. 1-1980; amended 6-1-2009 by L.L. No. 1-2009]
E.
No accessory building in a residence zone shall be used for living quarters.
[Added 6-2-1980 by L.L. No. 1-1980]
§ 195-15 Professional offices.
[Amended 1-5-1998 by L.L. No. 1-1998]
Where a lot or premises in a residence district is permitted to be used in part as the office of a professional person, the following additional regulations and conditions shall apply:
A.
The professional person shall be the owner or beneficially interested in the ownership of the premises.
B.
Such use shall include, but not be limited to, lawyers, doctors, realtors, writers, artists or, in addition, offices of persons engaged in other occupations where the product is delivered, sold or provided off the premises.
C.
No manufacturing or other industrial use shall be permitted within the Village.
D.
No external signs of regular business activity being conducted on the premises shall be permitted, except for the name of the professional person or person and letters or abbreviations indicating the nature of the profession not to exceed two feet in length or six inches in height.
E.
Such office must be located in and be a part of the principal dwelling and may not be housed in a separate building.
F.
In no case may the practice of a profession be permitted as a principal use.
§ 195-16 Private garages.
[Amended 1-5-1998 by L.L. No. 1-1998; 11-7-2011 by L.L. No. 4-2011]
A private garage is permitted only as an accessory use and subject to the following conditions:
A.
No business, service or industry may be carried on directly or indirectly in or in connection therewith.
B.
No private garage shall be permitted within the front yard.
C.
A garage for more than two motor vehicles shall not be permitted as an accessory building.
D.
When attached to or forming part of the principal building, no garage shall be designed for use by more than two motor vehicles, except for a garage whose doors face a side yard, in which case said garage shall not be designed for use by more than three motor vehicles.
§ 195-17 Encroachments in required yards.
No building or part of a building shall be erected in, upon or over or shall project into a required yard, with the following exceptions:
A.
Cornices, eaves, gutters, chimneys or flues, projecting not more than 18 inches, or window sills, belt courses or other ornamental features projecting not more than four inches.
B.
One-story uncovered porches may project into the required rear yard not more than six feet.[1]
[1]
Editor's Note: Former Subsection C, regarding subsurface structures, which immediately followed this subsection, was repealed 3-16-2023 by L.L. No. 3-2023. This local law also redesignated former Subsection D as Subsection C.
C.
A swimming pool may be constructed in the rear yard, provided that all rear yard requirements of the district regulations for the district in which the property lies are complied with.
§ 195-18 Corner lots.
[Amended 1-28-2019 by L.L. No. 1-2019]
In the case of a corner lot in any district, a building shall be required to comply with the front yard restrictions on both streets, and each of such yards shall be deemed a front yard for the purposes of this chapter. On a corner lot, there shall be one side yard. The side yard shall be on the side adjoining the interior lot opposite the street line having the greater length. Where the street line length for each street line is equal, the side yard shall be on the side of the building immediately adjoining the front wall of the house. The front wall of the house is the wall containing the front yard access to the building. In such situation, the remaining interior yard shall be a rear yard.[1]
[1]
Editor's Note: Original Section 1.506, Height of buildings, which immediately followed this section, was deleted 1-5-1998 by L.L. No. 1-1998.
§ 195-19 Computation of size of lot.
[Amended 1-5-1998 by L.L. No. 1-1998]
A.
In the case of a parcel of land connected with a public street by a driveway and having no other street frontage, the portion of the parcel of land occupied by such driveway shall be excluded for the purpose of computing the size of the lot, the building area and the location and size of the front, rear and side yards. In such a case, the size of the lot and the building area shall be computed, and the yards shall be located and their required size shall be determined, in the same manner as if the driveway did not exist and as if the line of the lot nearest the public street with which the driveway connected had been the front line of the lot.
B.
For the purpose of computing the building area, the size of the lot, the rear yards, front yards and side yards, any proposed street or streets shown on any official map or plan of the Village or any amendment or modification thereof now or hereafter duly adopted by the Planning Board or Planning Commission or Board of Trustees of the Village of Hewlett Neck, shall be considered a public street with the same force and effect as if the same had been duly opened and improved and made available for public use.
§ 195-20 Lot coverage and volume requirements.
[Added 1-5-1998 by L.L. No. 1-1998, amended 11-3-2003 by L.L. No. 2-2003; 12-13-2024 by L.L. No. 6-2024]
A.
The maximum footprint areas occupied by all buildings, structures and accessory uses which extend above the existing grade of the property shall not exceed the following percentage of the lot area in the indicated district:
(1)
Residence A (5,000 square feet building zones): 40% (maximum 2,000 square foot footprint).
(2)
Residence B (15,000 square feet building zones): 20% (maximum 3,000 square foot footprint).
(3)
Residence C (30,000 square feet building zones): 15% (maximum 4,500 square foot footprint).
(4)
Residence D (40,000 square feet building zones): 12.5% (maximum 5,000 square foot footprint).
C.
No main dwelling shall be erected unless it has a habitable floor area of at least 1,600 square feet, and a minimum footprint area of 1,000 square feet.
D.
No building shall exceed 2 1/2 stories, with a maximum height of 30 feet.
§ 195-20.1 Height/setback standards.
[Added 11-3-2003 by L.L. No. 2-2003]
The following height/setback standards shall pertain to the respective districts and yards shown in the table below:
Height/Setback Ratio | |||
|---|---|---|---|
District | Front Yard | Side Yard | Rear Yard |
Residence A | 1.2 | 2.0 | 1.2 |
Residence B | 0.6 | 1.0 | 1.0 |
Residence C | 0.6 | 1.0 | 0.6 |
Residence D | 0.6 | 1.0 | 0.6 |
§ 195-20.2 Maximum permitted impervious surface.
[Added 11-3-2003 by L.L. No. 2-2003; amended 2-28-2025 by L.L. No. 1-2025]
The maximum permitted overall surface coverage shall be calculated based upon the following table. Surface coverage shall include footprint of all buildings, structures, hardscape and any non-natural ground cover, including but not limited to dwellings, garages, cabanas, sports courts, pools, decks, patios, spas, driveways, walkways, equipment pads, and artificial turf areas. All impervious and permeable/pervious surfaces shall be calculated in the surface coverage. Non-natural ground cover includes all surfaces except grass, soil and plantings. In addition, not more than 25% of any front yard area may be comprised of surfaces other than natural ground cover.
Maximum Permitted Impervious Surface | ||
|---|---|---|
Lot Area (square feet) | For Base Lot Area (square feet) | For Lot Area Over Base Lot Area |
0 to 4,000 | 0 | 55% |
4,001 to 6,000 | 2,200 | 35% |
6,001 to 12,000 | 2,900 | 27% |
12,001 to 16,000 | 4,520 | 26% |
16,001 to larger | 5,560 | 25% |
§ 195-20.3 Construction in areas abutting a drainage easement area.
[Added 7-25-2022 by L.L. No. 5-2022]
A.
No building, structure, wall, patio, deck or similar structure, including any structure above, at or below grade containing pervious or impervious elements, may be constructed within 10 feet of a drainage easement area or other area designated for protection, or intended for drainage purposes, unless such improvement is designed to direct stormwater away from the drainage easement area and direct all stormwater into an on-site drainage facility. Any drywell or similar facility shall be located at least 10 feet from a drainage retention area or any property line. Fences located along or abutting a drainage reserve area are excluded from this prohibition.
B.
No change in topography in excess of six inches shall be made to any private property within 10 feet of a drainage easement area or other area designated for protection or intended for drainage purposes.
§ 195-21 Swimming pools.
A.
For the purpose of computing the building area, the required yards and the distances from the lines of the lot, the pool apron or platform along the side or end of a swimming pool, the base for the springboard or diving platform and foundation for the purifying apparatus, if any, shall be included.
B.
No swimming pool or part thereof shall be constructed in the front yard or side yard.
C.
All swimming pools shall be constructed in accordance with the standard practice.
D.
In no case may the contents of the pool be permitted to discharge, directly or indirectly, into a street or in, upon or under the land of another person without the written consent of such other person or in such a way as to adversely affect the functioning of the house drains or house sewer of another property.
E.
All connections with the public water supply shall be made by a duly licensed plumber in conformity with the Plumbing Code and the rules and regulations of the Long Island Water Corporation. Such connections shall be made in such a way as to prevent any water from entering the public water supply system. In times of drought or water shortages, the Board of Trustees may direct that the use of the swimming pool be discontinued and that all connections with the public water supply system be broken until further order.
F.
Fences.
(1)
Every swimming pool shall be enclosed by a fence, at least four feet in height, approved by the Building Inspector, sufficient to prevent the accidental entry or unauthorized use of the pool by a child or children. Such fence shall be erected so as to completely enclose the pool itself or the particular yard area in which the pool is situated or the entire property back of the building. Said fence shall have self-closing and self-locking gates.
[Amended 1-5-1998 by L.L. No. 1-1998]
(2)
Every swimming pool installed in accordance with the provisions of this chapter shall be not less than 15 feet from the rear property line.
(3)
If, in compliance with the foregoing requirements, a fence would be required along a waterfront property line, the fence along the waterfront may be eliminated on condition that the portion of the fence along the side lines be extended to the waterline and provided with guards to prevent passing around the ends.[1]
[1]
Editor's Note: Former Section 1.508(g), which regulated the type of fencing required around swimming pools and immediately followed this section, was deleted 1-5-1998 by L.L. No. 1-1998. Fencing requirements for swimming pools are located in the New York State Uniform Fire Prevention and Building Code, Parts 720 and 744.
G.
If the use of the swimming pool should be discontinued or if the swimming pool should, at any time, be in bad condition, the owner will, on demand, fill in the pool and excavation to grade and will not restore the pool to use except, upon a further application for a building permit.
H.
This section, as amended so as to read as above stated, shall apply to all swimming pools whenever constructed, including swimming pools constructed after the adoption of Ordinance No. 78 on May 10, 1962, and swimming pools constructed prior to that date which were required to comply with the provisions of said ordinance after May 15, 1963, without prejudice, however, to any variances granted by the Board of Appeals.
I.
The provisions of this section, shall also apply to a portable or removable wading or swimming pools which contains, or is designed to contain, water having a depth of 18 inches or more in any part thereof, with the following exception: in the case of such a pool, the exterior wall or side of the pool, to the extent that it is located above the surface of the ground and had the height specified in the New York State Uniform Fire Prevention and Building Code, may be considered as part of the fence or wall required by this subdivision. Any stairway or ladder giving access to the pool will be considered as an opening for ingress and egress and must comply with the provisions of the New York State Uniform Fire Prevention and Building Code in respect to gates and other requirements.[2]
[2]
Editor's Note: Former Subsection (k), which required the annual inspections and renewal of permits for pools and immediately followed this subsection, was repealed 6-6-1988 by L.L. No. 1-1988.
J.
This section shall apply only to the location, construction and maintenance of outdoor swimming pools.
§ 195-22 Fences and walls.
[Added 6-3-1991 by L.L. No. 1-1991; amended 1-5-1998 by L.L. No. 1-1998]
A.
No fence or wall above four feet in height shall be constructed, installed or erected without first being approved by the Building Inspector.
B.
Any person or persons, corporation, firm or association intending to erect a fence shall, before any work is commenced, make application to the Village Building Inspector on a form provided by the Building Inspector. Said application shall be accompanied by a plan or sketch showing the proposed location of any fence and the materials proposed to be used therein, which must be in accordance with this chapter and any other pertinent local law regulating construction within the Village and be accompanied by a permit fee as hereinafter set forth. Upon approval by the Village Building Inspector, a permit shall be issued which will be in effect for a period of six months after the date therein. Said permit shall be available on the job during the progress of the work so that it may be inspected by proper Village officials, including but not limited to the Village Building Inspector, Mayor and Trustees.
C.
Living fences. Living fences are subject to all of the provisions of this chapter, except that they shall be exempt from the permit provisions of this chapter. In addition, no living fence shall be placed nearer than two feet to any sidewalk in existence, any prospective sidewalk or party line. There are no height limitations on living fences. Living fences must be maintained in a neatly trimmed condition and shall not interfere with the visibility of vehicular and pedestrian traffic.
D.
Applicability. The permit provisions of this chapter shall apply to fences in residential zones of the Village of Hewlett Neck. No fence shall be erected in the Village in excess of the height limitations as set forth herein.
E.
Height limitations.
(1)
Rear yards. No constructed fence shall be more than six feet in height at the rear of homes and buildings, nor shall it extend forward of the rear building line of any existing or proposed dwelling.
(2)
Front yards. No constructed fence shall be higher than 48 inches in any front yard from the mean height of the roadway in front of the premises.
(3)
Side yards. No constructed fence shall be more than six feet in height at the side of homes and buildings, nor shall it extend forward of the side building line of any existing or proposed dwelling.
F.
Location restriction. Any fence erected under this chapter shall be placed at least six inches back from any property line. Any constructed fence erected in a front yard shall be placed at least two feet back from the property line. Living fences shall be placed in accordance with Subsection C of this section.
G.
Materials and composition.
(1)
Any fence, wall or similar structure, as well as shrubbery, which unduly cuts off light or air or which may cause a nuisance, a fire hazard or a dangerous condition, is hereby expressly prohibited. Further, no fence shall be erected in a residential zone or along a public right-of-way unless the fence is uniformly less than 50% solid.
(2)
The following fences and fencing materials are specifically prohibited on property perimeters:
(a)
Barbed wire.
(b)
Pointed fences under three feet in height.
(c)
Canvas fences.
(d)
Cloth fences.
(e)
Electrically charged fences.
(f)
Poultry fences.
(g)
Turkey wire.
(h)
Temporary fences, such as snow fences, unless on construction sites with Village Board permission.
(i)
Expandable fences and collapsible fences, except during construction of a building.
(j)
Chain link, cyclone-type or wire fences.
(k)
Vinyl or plastic woven fences; provided, however, that this prohibition shall not be construed to prevent fences made primarily out of PVC or similar material.
[Amended 1-7-2002 by L.L. No. 2-2002]
(3)
All entrances or gates shall open onto the property.
(4)
Any fence of wood and any stockade or other type of fence shall have the smooth side or finished side facing to the outside of the property of the owner installing the fence. Fence posts will be placed on the inside of the fence.
(5)
All fences or walls must be erected within the property line, and none shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic or interfere with the visibility of vehicular or pedestrian traffic.
(6)
All fences must be maintained in good repair at all times.
H.
Powers and duties of Village Building Inspector.
(1)
The Village Building Inspector shall have the authority to direct the immediate repair and maintenance of all fences.
(2)
The Village Building Inspector shall have the authority to direct, in writing, the removal, trimming or modification, within five days, of any shrubs, bushes, plants, trees, flowers or other vegetation, fence, wall, hedge or other structure on private or public property, wherever the same shall interfere with adequate visibility for operators of motor vehicles at street intersections or curbs.
(3)
Any person who shall refuse or neglect to comply with the written direction of the Village Building Inspector shall be guilty of a violation under the terms of this chapter.
(4)
If the property owner feels aggrieved by any decision of the Building Inspector, he or she shall have a right of appeal to the Village Board, provided that said appeal is accomplished in writing within 10 days of the written notification from the Building Inspector. Said appeal shall be filed with the Village Clerk.
I.
On any corner lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained at a height greater than 21/2 feet at any point within a radius of 30 feet of the point formed by any intersecting roads or highways, and provided, further, that such height shall be measured from the existing elevation of the center line of such highway opposite such wall, fence, other structure, hedge, tree or shrub.
§ 195-23 Storage of vehicles, boats and trailers.
[Added 2-3-1986 by L.L. No. 2-1986; amended 1-5-2015 by L.L. No. 1-2015]
A registered motor home, trailer, boat, personal watercraft and other vessel may be stored in the rear yard of any residential property, provided that it is at least 10 feet from any side or rear property line.
§ 195-24 Signs.
[Added 11-7-1994 by L.L. No. 1-1994]
A.
No sign shall be erected or maintained in a residence district of the Village, except:
(1)
Signs stating the name of the premises or the name of the owner or occupant thereof and, in the case of a duly licensed professional person, the letters or symbol designating such profession.
(2)
Signs stating the street and number of the building or premises where the sign is located.
(3)
In the case of public buildings or facilities, signs stating the name of the building or of the organization, the nature of its activity and such other symbols, displays, information and announcements, as may be in accordance with their customs, practices and usages.
(4)
Directional warning or security signs for the convenience of persons desiring to enter the premises, such as "tradesmen," "deliveries," "entrance," "private," "children," "beware of dog," "no peddling allowed," "security" and the like.
(5)
"For sale" signs which may include the name and telephone number of a real estate broker.
B.
The size of signs in the residence districts shall conform to the following requirements:
[Amended 1-5-1998 by L.L. No. 1-1998]
C.
Location of signs in yards.
(1)
Signs permitted by Subsection A(1), (2) and (3) above may be erected and maintained on the face of the residence or within the required front yard, required side yard or required rear yard, provided that the highest point of the sign is not more than four feet above the level of the ground where it is located.
E.
No sign shall have any form of illumination or motion.
F.
No sign shall be affixed to a tree.
G.
Any billboard, sign, advertisement, display or similar structure erected or maintained in violation of any of the provisions of this Code is hereby declared to be a public nuisance, and the Mayor or the Village Clerk are hereby authorized and empowered to cause the same to be removed without notice, and the cost or expense thereof shall be assessed against the property upon which the same may be situated and/or charged against the owner or occupant of such property. Right of entry upon such property is hereby granted for the purpose of such removal.
[Added 1-5-1998 by L.L. No. 1-1998]
H.
No person shall post any bills, notices or advertising material of any character whatsoever upon any trees or posts, poles, fences, buildings or other structures within or upon any streets, parkways, parks or other public property in the Village of Hewlett Neck. It shall be a rebuttable presumption concerning all signs that the sign shall have been erected by the person deemed to benefit therefrom. The Village shall have the authority to remove any such signs, and the costs of such removal shall be placed on the tax rolls of the person so designated.
[Added 1-5-1998 by L.L. No. 1-1998]
I.
It shall be unlawful to use any sidewalk, street, highway or public place of the Village for the purpose of displaying any sign, advertisement or posting any bill on or along the same without written permission therefor first being obtained from the Mayor of the Village.
[Added 1-5-1998 by L.L. No. 1-1998]
§ 195-25 Sports courts and tennis courts.
[Added 1-5-1998 by L.L. No. 1-1998; amended 3-16-2023 by L.L. No. 2-2023]
A.
Restrictions. A sports court and/or tennis court complying with the provisions of this section, and other relevant sections of this chapter, shall only be permitted in a residential district as an accessory use to a dwelling for the residents of such dwelling and their guests.
B.
Issuance of building permit. No sports court and/or tennis court shall be constructed unless a building permit shall be issued by the Building Inspector. Every application for a permit shall be accompanied by a dimensioned site plan, drawn to scale and showing locations of all details, duly certified by a licensed professional engineer or architect, which site plan shall have been submitted to and approved by the Village Building Inspector.
C.
Yard and setback limitations. A sports court and/or tennis court shall be constructed only in the rear yard of a dwelling and shall be located entirely within the setback limits of the district, but shall not, in any event, be located closer than 20 feet to the nearest property line.
D.
Fences and enclosures.
(1)
Every sports court and/or tennis court shall be enclosed by a fence of a design approved by the Village Building Inspector.
(2)
Notwithstanding the provisions of this chapter to the contrary, such fence may be not less than four feet but not more than 10 feet in height, subject to the site approval of the Village Building Inspector.
(3)
Nothing herein shall be deemed to permit any type of cover or enclosure over a sports court and/or tennis court.
E.
Landscaping. All sports courts and/or tennis courts shall be completely screened from adjoining properties by a living screen of coniferous trees. Said trees shall be of a height, when planted, not less than two feet below the top of the adjacent fence and shall be planted five feet on center and not more than 10 feet away from the fence surrounding the sports court and/or tennis court, on all sides of the court not facing the dwelling on the same lot. Said coniferous screening shall consist of Canadian hemlock, or an alternate approved by the Village Building Inspector, and shall be maintained so long as the sports court and/or tennis court remains in existence.
F.
Grade; drainage.
(1)
The height of the playing surface of the sports court and/or tennis court shall not be above the existing mean level of the ground immediately surrounding the sports court and/or tennis court area prior to construction of the sports court and/or tennis court.
(2)
No sports court and/or tennis court shall be constructed or maintained so as to permit any drainage water to flow onto adjoining properties.
G.
Use of lights; hours.
(1)
The use of a sports court and/or tennis court before 8:00 a.m. or after 9:00 p.m. is prohibited.
(2)
No lighting shall be erected, operated or maintained in connection with a sports court and/or tennis court in such a manner as to create an annoyance or nuisance to any surrounding property. All lights over sports court and/or tennis courts shall be shielded so as to prevent their shining upon the property of any adjacent property owner.
(3)
No sports court or tennis court may be used for commercial purposes, for hire or for the purpose of giving lessons to persons not a resident of the property.
§ 195-26 Recreational facilities.
[Added 6-7-1993 by L.L. No. 1-1993; amended 1-5-1998 by L.L. No. 1-1998]
A.
No person shall use or operate or cause to be used or operated any recreational facility on his or her property, whether heretofore existing or hereafter installed, between the hours of 9:00 p.m. and 8:00 a.m. on any day.
B.
No artificial lighting of any nature in excess of 15 feet in height may be installed or used in connection with any recreational facility. No such lighting facility shall be directed toward any adjacent property.
C.
No recreational facility shall be constructed or maintained to permit any drainage water to flow onto adjacent property or onto a public street.
D.
This section is intended to protect the health, welfare and safety of the residents of the Village of Hewlett Neck.
§ 195-26.1 Exterior air-conditioning units and exterior permanent standby electrical generators.
[Added 5-5-2008 by L.L. No. 2-2008; amended 6-1-2009 by L.L. No. 1-2009; 12-5-2011 by L.L. No. 5-2011]
A.
Permit required. A building permit shall be required for the construction, installation, placement or alteration of an exterior air-conditioning unit which is designed and intended to provide central air conditioning for one or more buildings on the lot or an exterior permanent standby electrical generator which is designed to provide electricity for one or more buildings on the lot. An application for a building permit for an exterior air-conditioning unit or an exterior permanent standby electrical generator shall contain a statement of the full name and residence of each of the persons having an interest as owner, tenant or otherwise and of the use to, which the building is to be put and such other information as the Board of Trustees may require. Said application shall be accompanied by plans and drawings showing the size and proposed location of the exterior air-conditioning unit or the exterior permanent standby electrical generator, and a survey showing the location of all existing buildings located on the property. The application shall be filed with the Village Clerk, together with a fee established by the Board of Trustees.
B.
Yard and setback restrictions. Exterior air-conditioning units and exterior permanent standby electrical generators may be located in a side yard or rear yard only and shall be located within the following setback requirements for each district:
(1)
Residence A District: not less than five feet from any side lot line and not less than 15 feet from the rear lot line.
(2)
Residence B District: not less than 15 feet from any side lot line and not less than 15 feet from the rear lot line.
(3)
Residence C District: not less than 15 feet from any side lot line and not less than 25 feet from the rear lot line.
(4)
Residence D District: not less than 15 feet from any side lot line and not less than 25 feet from the rear lot line.
§ 195-27 Off-street parking; curb cut construction.
[Added 1-5-1998 by L.L. No. 1-1998]
A.
General. Off-street parking spaces shall be provided and kept available as an accessory use to all permitted and special exception uses of buildings, structures and lots in amounts not less than those specified in this section.
B.
Method of determining off-street parking space requirements.
(1)
The requirement for a single use (e.g., a one-family dwelling) shall be determined directly from the schedule of such requirements which is a part of this section.
(2)
When the required number of spaces is determined to result in a fraction, it shall be increased to the next highest whole number.
(3)
If the use is not specifically listed in the schedule of such requirements, the requirement shall be the same as for the most similar use listed.
(4)
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.
C.
Schedule of off-street parking space requirements for residential uses.
Uses | Number of Spaces Required |
|---|---|
One-family dwelling | 2 per dwelling unit, plus 1 additional space for each bedroom in excess of 3 bedrooms |
D.
Schedule of off-street parking space requirements for nonresidential uses.
[Amended 12-6-1999 by L.L. No. 13-1999]
Uses | Number of Spaces Required |
|---|---|
Religious or educational use | 1 per 3 permanent seats, and 1 per each 40 square feet of seating area where fixed seating is not provided, plus 1 per employee and/or participant at scheduled events, unless a different number is required by the Board of Trustees at the time a special permit is issued for such use |
E.
Supplemental parking regulations for private garage or off-street parking areas in residence districts.
[Added 12-5-2011 by L.L. No. 7-2011; 1-5-2015 by L.L. No. 1-2015]
(1)
In any residence district, driveways and off-street parking areas may not be rented for use by persons who do not reside on the premises.
(2)
Not more than one commercial vehicle shall be housed and must be 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.
(3)
Location of required spaces. In any residence district, required off-street automobile parking spaces shall only be provided in the front yard of the same lot as the building to which such spaces are incidental. Nothing contained herein shall prevent the normal and customary use of driveways, provided that such use as a driveway shall be considered to meet the requirements for off-street parking.
(4)
Motor vehicles shall not be parked on a premises other than in a private garage or on an approved driveway or parking area.
(5)
Unregistered motor vehicles and trailers shall not be parked or stored on a premises, except in a private garage.
F.
Access driveway requirements.
(1)
Every separate entrance or exit driveway shall have a minimum unobstructed width of 12 feet on the street. Every combined entrance and exit driveway shall have a minimum unobstructed width of 24 feet on the street, except for one-family residences, where the minimum shall be 10 feet.
(2)
The intersection of a separate or combined exit and entrance driveway of a public parking area with the public street shall have the same corner clearance as prescribed for intersecting streets in § 195-22 of this chapter.
(3)
The gradient of driveways shall be such as to facilitate entrance and exit traffic flow.
G.
Driveway, curb and sidewalk construction.
(1)
No driveway, curb cut, curb return or sidewalk will be constructed connecting the abutting property to a Village street without a permit therefor, as hereinafter provided, and except in conformity with the provisions of this section. The filing fee for such applications shall be as set forth in the Village Schedule of Fees.
(2)
Driveways crossing curblines and sidewalks shall not be less than 10 feet.
(3)
Not more than one curb cut shall be permitted for each parcel, except that one additional curb cut may be permitted for a parcel which has at least 120 feet of frontage on a Village street.
(4)
Application for a permit to construct a driveway, curb cut, curb return or sidewalk shall be made to the Building Inspector of the Village and shall contain such information as the Building Inspector shall require, including a description of the proposed construction and its location.
(5)
All driveways, curb cuts, curb returns and sidewalks and similar improvements shall be constructed at the total expense of the abutting property owner. The surface between the property line and the pavement of the Village street shall be designed to prevent driveway material from scattering onto the Village streets.
(6)
In any case where a circular driveway is proposed to be constructed for nonresidential use, no permit shall be issued therefor unless the plans therefor include a parking area for the off-street parking as required by this chapter so that the circular driveway shall not serve as the required off-street parking area.
(7)
The owner of the premises responsible for such construction of a driveway, curb cut, curb return or sidewalk, without a permit or otherwise in conformity with a permit, may be required to remove the same; and, upon failure to do so, the same may be removed by the Village, and the cost thereof certified to the Board of Trustees, by the Building Inspector, and assessed against the property of such owner or collected by the Village from such owner by other legal proceedings.
H.
Design requirements for nonresidential parking.
(1)
The physical improvements of off-street parking and truck loading areas shall include:
(a)
Curbs, paving, sidewalks and drainage facilities complying with the standards established in municipal ordinances, regulations or specifications.
(b)
Adequate lighting in public parking areas to assure the general safety and convenience of the public.
(c)
Appropriate screening for the protection of adjacent properties, particularly along district boundary lines.
(2)
All aisles within parking areas shall have a minimum width of 24 feet when the parking spaces are at a ninety-degree angle with the aisle, 18 feet when the parking spaces are at a sixty-degree angle and 12 feet when the parking spaces are at a forty-five-degree angle.
(3)
Aisles and turning areas shall provide good internal circulation with adequate radii to assure ease of mobility, ample clearance and convenient access. All aisles not adjacent to parking stalls and permitting two-way traffic flow shall have a minimum width of 24 feet. All aisles not adjacent to parking stalls and permitting only one-way traffic flow shall have a minimum width of 12 feet.
(4)
Center-line gradients of aisles shall not exceed 8%.
(5)
Accessory off-street parking areas shall be marked off into parking spaces either with a minimum width of nine feet and a minimum length of 19 feet or with a minimum width of 10 feet and a minimum depth of 18 feet or, in the case of parking spaces for trucks or special equipment, parking spaces of a minimum size to be determined by the municipality, based on the nature of the parked vehicle.