Nassau, NY Zoning Ordinance

Be permitted for the express purpose of burning untreated wood.

Be constructed with materials designed for the purpose of containing burning materials.

Be attended at all times.

Not exceed nine square feet in area and stand no higher than 30 inches.

Contain a screen cover to prevent hot cinders from escaping the containment.

Be located no closer than 15 feet to any structure or lot line.

§ 120-57 Dwellings.

One- or two-family dwellings. No permit for the erection of a one- or two-family dwelling will hereafter be granted in the Village of Nassau unless the minimum ground-floor space per dwelling unit shall be as follows:

Type of Dwelling	Minimum Ground-Floor Space (square feet)
1-story	864
1-to 1 1/2-story	720
2-story	576

The area mentioned herein does not include open or enclosed porches, basements, garages or carports. All foundations shall be continuous and of masonry construction.

Accessory Apartments, Row, townhouse or multifamily dwellings or hotels.

No permit for the erection of a row or townhouse dwelling or multifamily dwelling or residential hotel shall be granted unless each dwelling unit has a minimum floor area as follows:

Type of Apartment	Minimum Floor Area (square feet)
Efficiency and accessory apartment	600
1-bedroom	650
2-bedroom	750
3-bedroom	850

Over three bedrooms shall be as for one- and two-family dwellings.

Cellar occupancy prohibited. It shall be unlawful to occupy all or any part of a cellar for sleeping purposes.

Basement occupancy. Any basement area used for sleeping purposes shall have not less than two means of egress, at least one of which shall be a door giving access to an open area whose service is at least eight inches below the level of the basement floor. Each basement room used for living purposes shall have a window area opening to the outside equal to not less than 1/10 of the floor area of such room.

Slope of yards. No building containing dwelling units shall henceforth be constructed, nor shall any existing building be altered so as to contain dwelling units, unless the surface grade of the front yard at the front wall of such building is more than one foot above the established grade of the sidewalk. Where a sidewalk grade has not been established, the surface grade of the front yard at the front wall of the dwelling shall not be less than one foot above the center line of the street, measured at the midpoint between the side lot lines of the lot. Where there is unusual difficulty in meeting this provision, the Code Enforcement Officer may accept a substitute gradient, provided that no minus gradient is established within 15 feet of the front wall or within six feet of either side wall of the building.

§ 120-58 Educational institutions; places of assembly.

Educational institutions. No special permit shall be granted for the construction or expansion of an educational institution unless such institution has a minimum of 400 feet of frontage on a county or state highway.

Places of assembly. No sports arena or other place of assembly having a capacity of more than 1,000 persons shall have entrances or exits on other than streets that have been designated as primary or secondary streets in the Master Plan. Where feasible, entrances and exits should be on primary streets and not on streets intended for predominantly residential use.

§ 120-59 Fences and hedges.

Definitions. As used in this section, the following terms shall have the meanings indicated:

DECORATIVE FENCE

Fencing enclosing gardens and/or shrubbery totally contained within the property limits, no higher than 36 inches in height.

FENCE

Any structure, regardless of composition, except a living fence or temporary enclosure for playpen use, that is erected or maintained for the purpose of enclosing a piece of land or dividing a piece of land into distinct portions.

FRONT YARD

Applies to that portion of the yard in front of the rear building line of any building. All corner properties adjacent to a public street, alley or highway shall also be considered as "front yard" for the purposes of this section.

HEIGHT

The distance measured from the average grade to the top of the fence.

LIVING FENCE

Any fence or hedge composed of live materials.

Approval required. No fence, wall or other type of construction, except decorative fencing or any fence used to enclose vegetable or flower gardens with the purpose of controlling pests, shall be erected without the approval of the Code Enforcement Officer.

Application for permit; issuance; display.

Any person or persons, corporation, firm or association intending to erect a fence shall, before any work is commenced, make application to the Code Enforcement Officer on a form provided by the Village Clerk's office. 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; fee to be assessed by the Code Enforcement Officer prior to release of the approved building permit.

Upon approval by the Code Enforcement Officer, a permit shall be issued, which will be in effect for a period of one year from the date thereon.

Said permit shall be visible from the street on the job during the progress of the work so that it may be inspected by proper Village officials.

Height limitations. No fence shall be more than six feet in height at the rear of homes or buildings in any zoning district, which fence shall not extend forward of the front building line of any existing or proposed building. No other fence or portions of a fence shall be higher than 48 inches.

Location restrictions.

Any fence erected under this section shall be placed within the property line. Any fence erected in the front yard shall be placed at least one foot back from the front line and/or property line. If no sidewalks are in place, then the fence shall be set back a minimum of one foot from the Village right-of-way.

No fence shall be erected that will impede the plowing of snow on a public right-of-way.

Materials and composition. Any fence, wall or similar structure, as well as shrubbery, which unduly cuts off light or air, which may cause a nuisance, a fire hazard, a dangerous condition or obstruction to person and equipment for combating fires or which may affect public safety is hereby expressly prohibited. Further, no fence shall be erected in a front yard or along a public right-of-way unless the fence is uniformly less than 50% solid.

Prohibited fences. The following fences and fencing materials are specifically prohibited:

Barbed wire.

Short, pointed fences less than 48 inches in height.

Canvas fences.

Electrically charged fences.

Fences to control poultry.

Expandable fences, cloth fences and collapsible fences, except during construction.

Chain-link fences. All chain-link fences erected shall be erected with the closed loop at the top of the fence.

Entrances and gates. All entrances or gates shall open onto the property.

Facing of fence; fence posts. Any fence, wood stockade, chain link or other type of fence shall have the smooth side or finished side facing to the outside of the property owner installing the fence. Fence posts will be placed on the inside of the fence.

Security fences. Notwithstanding the provisions of this chapter, the Code Enforcement Officer may issue a permit for the construction of security fences for commercial properties upon due application to and approval by the Code Enforcement Officer of the Village of Nassau. The Code Enforcement Officer may deny such application if it is found that the application for such fence is not appropriate and is unnecessary. Upon such denial, the applicant may appeal the Code Enforcement Officer's decision to the Zoning Board of Appeals of the Village of Nassau by notice to the same within 30 days of such denial. In the event that said Zoning Board of Appeals substantiates the denial of the Code Enforcement Officer, the applicant may resort to proper legal proceedings according to the statutes of the State of New York.

Erection within property line. 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 visibility on corner lots and/or other structures or vehicles, whether stationary or transitory, on private or public property.

Visibility at intersections. The Code Enforcement Officer shall have the authority to direct, in writing, the removal, trimming or modification of any shrubs, bushes, plants, trees or flowers or other vegetation, fence, wall or hedge or other structure on private or public property wherever the same shall interfere with adequate visibility of operators of motor vehicles at street intersections, driveways or curbs. Any person who shall refuse or neglect to comply within 15 days with the written direction of the Code Enforcement Officer shall be guilty of a violation of this section and shall be subject to the penalties.

Fees. The Village Board of Trustees shall set applicable fees for the permit.

Penalties for offenses. Any person, firm or corporation, or his or her or its agent, servant, workman or employee, violating any of the provisions of this section shall be punishable by a fine not exceeding $250 and/or imprisonment for a term not exceeding 15 days. Each day's continuance of a violation after notice to cease shall be deemed a separate and distinct offense and shall be punishable accordingly.

§ 120-60 Frontage on public streets.

No dwelling shall be erected on a lot which does not abut on at least one street for a distance of not less than 40 feet.

No dwelling may be built or erected directly behind another dwelling having access on the same street and within 200 feet thereof. "Directly behind another dwelling" means with more than 1/2 of the width of the structure so placed.

§ 120-61 Motels.

Motor courts or motels, where allowable under this chapter, shall conform to the following requirements:

Each rental structure shall have units a minimum of 550 square feet.

Automobile parking space to accommodate not less than one car for each rental unit plus one additional space for every two persons regularly employed on the premises shall be provided. In addition, if the motel includes restaurants, taverns or meeting rooms as accessory uses, parking for these uses shall be provided as required by §§ 120-63 and 120-64.

Each rental unit shall be supplied with hot and cold running water and equipped with a flush toilet. All such fixtures and those of any accessory uses shall be properly connected to the Village water and a sanitary disposal facility or other arrangements for water supply and sewage disposal made which are approved by the Rensselaer County Health Department.

§ 120-62 Obstruction of vision.

In all districts, on a corner lot, within the triangular area formed by the center lines of streets from their intersection, as shown on the schedule below, there shall be no obstruction to vision between the height of 3 1/2 and the height of 10 feet above the average grade of each street at the center line thereof.

Sight distance for various street widths shall be as follows:

Sight Distance for Various Street Widths
Street Right-of-Way (feet)	Distance from Intersection (feet)
80 or more	120
70 to 79	110
60 to 69	100
50 to 59	90
40 to 49	80
Under 40	70

§ 120-63 Off-street parking and automobile storage.

General. In all districts, the off-street automobile parking spaces required by this chapter shall be required at the time that:

Such buildings or structures shall be constructed; or

Existing buildings or structures shall be converted to such use, or added to by alteration.

Required off-street automobile parking spaces. The Planning Board shall determine the optimal number of parking spaces required. So as not to provide for over-built parking lots, the Planning Board shall use the parking count information in Subsection C below as a guideline. The Planning Board may count any on-street parking located within 200 feet of the lot, if any, towards the minimum parking requirement. The applicant shall provide adequate information by which the parking needs can be reviewed which includes, but is not limited to:

Type of use(s).

Number of employees.

Building design capacity.

Square feet of sales or service area.

Parking spaces proposed on site.

Parking spaces provided elsewhere (on street or in a shared parking lot).

Hours of operation.

The minimum cumulative number of off-street automobile parking spaces required to be provided pursuant to the provisions of this chapter shall be determined by the amount of dwelling units, bedrooms, gross floor area, equipment, employees or seats contained in all new buildings or structures, or existing buildings or structures converted to a new use or added to by alteration, using the following parking ratios as a guideline. Spaces at gasoline pumps and bays for auto repair/serve are not counted toward any minimum parking requirement. No part of a parking or loading space required for any building to comply with this section shall be included as part of a parking or loading space required for another building unless there is a shared parking lot agreement pursuant to this section. The following are guidelines that outline the minimum number of vehicle spaces with the ultimate parking spot count to be determined by the Planning Board at the time of review:

Residential and overnight accommodation uses in all districts.

One- and two-family dwellings, and all other residential dwelling types, including those in cluster housing: two spaces for each dwelling unit. Such spaces may be provided in garages, carports and driveways.

Bed-and-breakfast, tourist home, rooming house and other similar uses: one space for each bedroom available for rent, plus two spaces for owner's portion.

Hotel: 0.8 per room plus one per 800 square feet of public meeting area and restaurant space.

General uses in all districts.

Places of public assembly, including but not limited to churches, theaters, concert halls, auditoriums and similar uses: one space for each six seats.

Elementary school or day nursery: two spaces for each classroom.

High school or college: five spaces for each classroom.

Care home: one space for each two beds.

(e)

Hospital, sanitarium or other such building or community facilities and institution: one space for 400 square feet gross floor area.

(f)

Nonprofit club or recreation use: one per three persons.

(g)

Commercial recreation use: one per six seats or 1.5 per 600 square feet gross floor area.

Accessory uses in all districts.

One accessory apartment: one space for such apartment plus the required space for the primary dwelling unit. Such space may be provided in garages, carports and driveways.

Home occupation: for a customary home occupation, one space for each 200 square feet devoted to such customary home occupation, plus the required spaces for the primary dwelling.

Commercial uses, in general one space for each 300 square feet of gross floor area.

Retail business, bank or post office use: one space for each 300 square feet of gross floor area.

Office, professional office, personal service, and public utility use: one space for each 300 square feet of gross office floor area.

Restaurant, bar or nightclub: one space for each 100 square feet of gross floor area or for every four seats, whichever is greater.

Funeral home: one space for each five seats in the chapel or for each five persons of the chapel's capacity.

(e)

Wholesale, warehouse or storage uses, or commercial assembly and other similar uses: one space for each 600 square feet of gross floor area.

(f)

Additional required spaces. In addition to the foregoing, all commercial uses shall provide one additional parking space for each company vehicle if such vehicle is parked on site when not in use.

Requirements for other uses not listed in this subsection. For uses not listed in this subsection, the required number of off-street automobile parking spaces shall be that number determined upon interpretation of the proposed use's similarity to a specified use under residential, general, accessory and commercial.

Calculation of required off-street parking spaces.

Combination of uses. In case of a combination of uses on a single lot, the total requirements for off-street automobile parking spaces shall be the sum of the requirements for the various uses.

Fractions. Whenever a fraction of a space greater than 0.75 is required, a full space shall be provided, with a minimum of one space.

Spaces in other parking lots.

[1]

Spaces in private parking lots owned by or leased to the applicant for required parking may be credited toward the parking requirements for uses in the GB District, provided that:

[a]

The spaces are within 500 feet of the uses to be served.

[b]

If the spaces are leased, the applicant demonstrates the existence of a valid, renewable lease for at least three years.

[c]

Any such lease arrangement shall be reflected in a written lease agreement, with an attached map reflecting the exact location of the leased parking spaces and a narrative legal description of the lessor's property. Said lease agreement shall be presented to the Planning Board for review.

[2]

Upon the expiration or other termination of said lease, such expiration shall be promptly reported to the Code Enforcement Officer by the lessee/zoning applicant. The Code Enforcement Officer shall require the applicant to present satisfactory proof of replacement parking spaces to replace his/her parking space shortfall. A failure of a lease holder to report the expiration of a parking lease or to otherwise comply with this section shall constitute a violation and, at the discretion of the Code Enforcement Officer, may result in the termination of the use.

Dimensions of required off-street parking spaces.

General. Unless specified elsewhere in this chapter, off-street parking areas shall be calculated on the basis of a minimum of 300 square feet per space, including circulation and access drives.

Dimensions for off-street automobile parking spaces intended for use by the general public. Every space required by this chapter shall be at least nine feet wide and 20 feet long, and every such space shall have direct and usable driveway access to a street or alley with minimum maneuver area between spaces as follows:

[1]

Parallel curb parking: five feet end to end with a twelve-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.

[2]

30° parking: thirteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

[3]

45° parking: sixteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

[4]

60° parking: twenty-one-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

[5]

Perpendicular parking: twenty-six-foot aisle widthfor both one-directional and two-directional flow.

(8)

Location of required spaces.

Front yards in residential districts. No open or enclosed parking area shall encroach on any required front yard. However, parking is allowed on driveways in front of garages. Driveways and open parking areas may encroach on a required side or rear yard within three feet of a property line.

General requirements. Except as provided in Subsection B(6)(c), all such off-street automobile parking spaces shall be provided on the same lot as the use which requires said spaces and shall not thereafter be encroached upon in any manner. Such parking spaces shall be provided, to the extent feasible, to the side or behind the principal structure(s). Parking to the side shall be permitted, provided that it is screened by trees or a hedge to the maximum amount feasible. No parking shall be permitted in front of the principal structure, except for on-street parallel parking.

Location of access drives. No entrance and exit drives, measured from the edge of pavement, connecting a parking area and the street shall be permitted within 50 feet of the intersection of two public rights-of-way.

Design requirements for required off-street automobile parking. Areas containing required off-street parking spaces for more than five automobiles shall conform to the following regulations:

Marking. The individual spaces shall be visibly marked with paint or other durable material.

Lighting. All such areas to be used at night shall be lighted. All lights shall be shaded or so directed as not to cause glare on adjoining residential properties and shall be so directed as not to cause a traffic hazard due to glare or color.

Pedestrians. An adequate, safe and convenient vehicular and pedestrian circulation system shall be provided. Walkways shall be located so as to minimize contacts with normal automotive traffic.

Size of access drives. No more than two driveway access points shall be provided from the street or highway from which the development derives its principal access, and such driveway access points shall not be more than 26 feet wide and shall be designed in a manner which will minimize their interference with any traffic movements on the street or highway.

Maintenance. All parking areas, open space strips and landscaping shall be properly maintained at all times in a sightly and well-kept condition and shall be kept clean and free from rubbish and litter.

Adjacent premises. Where a nonresidential use is being developed on premises adjacent to another nonresidential use, consideration shall be given to the following:

The location and planning of driveway access points to permit their joint use by the adjoining premises so as to minimize the number of intersections with the street or highway from which they derive their access.

The development of parking and loading areas which permit convenient traffic circulation between adjoining premises.

The development of pedestrian walkways between adjoining parking areas and buildings.

The provision of landscaping and other features which will enhance the usability, character and attractiveness of the area.

Where an activity is subject to the requirements of this section and also subject to the review or approval of the Board of Trustees, Planning Board, Zoning Board of Appeals or other board or official of the Village of Nassau (the "reviewing board or official"), the reviewing board or official shall consider the requirements of this section in making its decision. Where an activity regulated by this section is granted an approval by a reviewing board or official, the approval shall include such conditions as may be necessary to insure compliance with the requirements of this section.

§ 120-64 Off-street parking for commercial vehicles while loading and unloading.

General provisions.

On the same premises, with every building or structure or part thereof hereafter erected and occupied for a commercial use there shall be provided and maintained adequate space for the parking of commercial vehicles while loading and unloading off the street or public alley. Such space shall have access to a public alley or, if there is no alley, to a street.

Off-street loading and unloading space shall be in addition to and not considered as meeting a part of the requirements for off-street parking space.

Off-street loading and unloading space shall not be used or designed, intended or constructed to be used in a manner to obstruct or interfere with the free use of any street, alley or adjoining property.

Off-street loading and unloading space shall be provided at the time any building or structure is enlarged or increased in capacity.

§ 120-65 Public/private garages and motor vehicle service stations.

No public garage or motor vehicle service station or private garage for three or more cars shall have a vehicular entrance closer than 50 feet to an entrance to a church, school, theater, hospital, public park, playground or fire station. Such measurement shall be taken as the shortest distance between such entrances across the street if the entrances are on opposite sides of the street and along the street frontage if both entrances are on the same side of the street or within the same square block.

All motor vehicle service stations shall be so arranged as to require all servicing on the premises and outside the public way, and no gasoline pump shall be placed closer to any side property line than 50 feet or closer to any public right-of-way than 10 feet.

No inoperative motor vehicle shall be kept on the premises of a motor vehicle service station for longer than 90 days.

All waste material shall be stored within a structure or enclosed within fencing at least eight feet high and shall not be visible at any property line of the establishment.

§ 120-66 Signs and billboards.

General provisions. Signs are an accessory use only. Signs are not permitted as a principal use. Wherever located and whatever their nature, signs and billboards shall conform to the following:

No attached sign shall extend within a street or road property line unless said line is the building line, in which case a sign may extend over the street or road property line for a distance not exceeding four feet, provided it does not interfere with vehicle visibility.

Any sign along a state highway shall conform to the regulations of the New York State Department of Transportation.

No sign shall exceed 10 feet in height or extend above the facade of the building to which it is attached.

In matters of setback from the street or road, required yards and other such respects, freestanding signs larger than eight square feet shall be regarded as buildings within the meaning of this chapter.

An advertising display upon a building or other surface shall be regarded as coming within the regulations of § 120-66.

All signs that are included in a project undergoing site plan, special use, or subdivision review with the Planning Board shall also be reviewed and decided upon by the Planning Board at the same time. New signs not part of a Planning Board application shall be reviewed by the Code Enforcement Officer to ensure that the proposed sign meets all requirements of this § 120-66.

Rules for measuring signs.

Back-to-back signs or identical signs arranged back to back or diverging by less than 30° from a common line or point may be counted as one sign.

The area of a sign consisting of an insignia or other device but without background shall be calculated as the smallest polygon or circle possible to enclose the insignia.

Design and lighting of signs.

The use of exterior moving signs or self-illuminated signs (other than those with bulbs concealed behind translucent glass, plates or similar material) or the use of flashing or intermittent lighting, including LED signs in connection with signs, shall not be permitted.

Top-mounted floodlights used to illuminate signs shall be fully shielded to direct light downwards onto the sign. Ground-mounted floodlights used to illuminate signs shall be located so that light shines only on the sign face. No sign lighting shall cause glare onto any street or onto any neighboring property.

Permitted signs.

In a Land Conservation District, the following signs shall be permitted:

A sign of an appropriate nature but not larger than 20 square feet identifying any building or use permitted under this chapter.

A real estate sign not larger than 12 square feet, only when placed on property for sale or rent.

A sign necessary for the identification, operation or protection of a public utility installation.

A sign incident to a legal process or necessary to the public welfare.

In a Single-Family and Single- and Multifamily Residential District, the following signs shall be permitted:

Any sign permitted in Land Conservation Districts.

One bulletin board not exceeding eight square feet in area for a church or other institutional use.

One home occupation sign not exceeding two square feet in area per dwelling.

Temporary special event signs, on the premises of a special event sponsored by a church, municipality or nonprofit institution, not exceeding 32 square feet in combined area.

In a Very-Low-Density Residential District, the following signs shall be permitted:

Any sign permitted in Single-Family and Single- and Multifamily Residential Districts.

One farm product sign in any direction of approach from a stand or farmhouse selling farm products and one at the stand, each sign not exceeding six square feet in area.

In a General Business District, the following signs shall be permitted:

Signs as permitted in a Very-Low-Density Residential District.

Signs not exceeding one square foot in area for every two linear feet of street frontage occupied by an establishment, but not exceeding 40 square feet for any sign parallel to and flat against the facade of a building or 24 square feet for any other sign.

Two signs per premises shall be allowed. One sign may be building mounted. Signs in windows shall be no more than 20% of the length of the facade area or with a maximum of 12 square feet, whichever is less.

In the GB district, commercial uses that are in buildings with less than a fifteen-foot front setback shall not have a freestanding sign located in front.

In a Planned Development District, permitted signs shall be limited to those which relate, as determined by this Subsection E, to specific uses authorized in established Planned Development Districts.

Exemptions:

Signs one square foot or less in area and bearing only property numbers, post box numbers, names of occupants of premises or other identification of premises not having commercial connotations.

Flags and insignia of any government, except when displayed in connection with commercial promotion.

Legal notices, identification, informational or directional signs erected or required by governmental bodies.

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights.

(e)

Signs directing and guiding traffic and parking on private property but bearing no advertising matter.

(f)

All signs must be constructed of durable materials and shall be maintained in good condition and repair at all times.

PERSONAL WIRELESS SERVICES (PWS)

In any district, a sign not exceeding four square feet is permitted which announces the name, address or professional or home occupation of the occupant of the premises on which said sign is located.

(8)

A bulletin board not exceeding 24 square feet is permitted in connection with any church, school or noncommercial public structure.

(9)

A temporary real estate or construction sign, not exceeding 24 square feet, is permitted on the property being sold, leased or developed. Such sign shall be removed when the property has been sold, leased or developed.

(10)

Signs shall be architecturally compatible with the style, composition, colors, materials, and details of the building and should reflect the visual character of their surroundings.

§ 120-67 Storage of flammable liquids.

The storage of alcohol, gasoline, crude oil, liquefied petroleum gas or any other highly flammable liquid in aboveground tanks in an amount greater than 550 gallons shall be permitted only when such tanks up to and including 10,000 gallons' capacity are placed not less than 50 feet from all property lines and unless all such tanks of more than 10,000 gallons' capacity are placed not less than 100 feet from all property lines. Any such storage tanks having a capacity greater than 300 gallons shall be completely contained within a watertight containment having a capacity not less than 1 1/2 times the capacity of the tank or tanks surrounded.

Containments shall be of steel, fiberglass or concrete design suitable for the type liquid to be contained.

All fill ports shall be located within the containment walls, and all piping to remote distribution points shall have a firesafe valve with the tank connection.

§ 120-68 Swimming pools/decks and other attachments.

A private swimming pool installed or maintained as an accessory use where permitted in Articles V through IX shall meet the following requirements:

It shall be used only as an accessory use to a dwelling or to a special permit use where permitted in Articles V through IX for the private use of the owner or occupant of such dwelling or building and his or her family, guests or employees.

Any such pool shall be completely enclosed by a security fence not less than four feet in height, with all gates or doors opening through such enclosure equipped with self-closing and self-latching devices designed to keep and be capable of keeping such gates or doors securely closed at all times when not in actual use, of a type approved by the Code Enforcement Officer.

Such pool shall be maintained in a manner sufficient to meet the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.

Such pool shall be equipped with an integral filtration system and filter pumps or other mechanical devices, which shall be so located and constructed as not to interfere with the peace, comfort and repose of the occupants of any adjoining property.

No permission shall be granted for the installation of any swimming pool until the owner has filed with the Code Enforcement Officer a statement by a professional engineer licensed by the State of New York or other person duly appointed by the Board of Trustees that provisions for the drainage of such pool are adequate and will not interfere with the public water supply system or existing sanitary facilities.

Front yards: same as permitted in Articles V through IX.

Side yards: all pools shall be erected within 10 feet of the rear and side yard property line (no minimum yard size requirement).

Corner lot: same as permitted in Articles V through IX.

§ 120-69 Temporary uses and structures.

A temporary permit may be issued by the Code Enforcement Officer, for a period not exceeding one year, for a nonconforming use incident to housing and construction projects, including such structures and uses as storage of building materials and machinery, the processing of building materials and a real estate office located on the tract being offered for sale, provided that such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or use upon expiration of the permit. Such permits may be renewed yearly, upon application to the Code Enforcement Officer, for an additional period of one year.

§ 120-70 Yard exceptions for private garages on steep slopes.

Where the topography is such that the slope of the land exceeds 20% and, therefore, access to a private garage built back of the front building line as required by this chapter is impracticable, it shall be permissible to place such building not exceeding 12 feet in height within the front yard space, but not closer to the street line than 18 feet.

§ 120-70.1 Telecommunications towers.

Purpose and intent. The purpose of this section is to establish predictable and balanced regulations for the siting and screening of personal wireless services antennas, towers, telecommunication equipment mounted on existing or new utility poles in public rights-of-way, and accessory structures in order to accommodate the growth of such systems within the Village while protecting the public against any adverse impact on aesthetic resources, avoiding potential damage to adjacent properties from tower failure through structural standards and setback requirements and reducing the number of towers needed to serve the community by maximizing the use of existing towers and buildings.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ACCESSORY STRUCTURES

Accessory buildings and structures, including base stations designed and used to shelter equipment and/or to support PWS. The term "accessory structures" does not include offices, long-term storage of vehicles or other equipment storage, of broadcast studios.

ANTENNA

A device used to transmit and/or receive radio or electromagnetic waves, including but not limited to directional antennas, such as panels and microwave dishes, and omni-directional antennas, such as whip antennas.

Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as defined by Section 704 of the Federal Telecommunications Act.

TOWER

Any ground- or roof-mounted pole, spire, structure or combination thereof taller than 15 feet, including supporting lines, cables, wires, braces and masts, built for the purpose of mounting an antenna, meteorological device or similar apparatus above grade.

Review authority.

No antenna or tower shall hereafter be used, erected, changed or altered except after obtaining a special permit in conformity with this section.

The Planning Board is hereby authorized to review and approve, approve with modifications or disapprove special permits pursuant to this section. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed antenna, tower or accessory structures.

Co-location requirements.

A proposal for a tower shall not be approved unless the Zoning Board of Appeals finds that the antenna planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one-mile search radius (one-half-mile search radius for towers under 120 feet in height, one-quarter-mile search radius for towers under 80 feet in height) of the proposed tower for one or more of the following reasons:

The antenna would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified professional engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate the planned or equivalent antenna at a reasonable cost.

The antenna would cause interference materially impacting the usability of other existing or planned antennas at the tower or building, as documented by a qualified professional engineer, and the interference cannot be prevented at a reasonable cost.

Existing or approved towers and buildings within the search radius cannot accommodate the antenna at a height necessary to function reasonably, as documented by a qualified professional engineer.

Other foreseen reasons that make it infeasible to locate the antenna upon an existing or approved tower or building.

Any proposed tower shall be designed, structurally, electrically and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying height. The applicant shall submit to the Board a letter of intent committing the applicant, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other PWS providers in the future. The issuance of a permit (assuming the tower is approved according to this section) shall commit the new tower owner and his/her successors in interest to:

Respond in a timely, comprehensive manner to a request for information from a potential shared-use applicant.

Negotiate in good faith concerning future requests for shared use of the new tower by other PWS providers.

Allow shared use of the new tower if another PWS provider agrees in writing to pay charges.

Make no more than a reasonable charge for shared use, based on generally accepted accounting principles. The charge may include but is not limited to a pro-rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity and depreciation, and all other costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

In order to keep neighborhood municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing tower in a neighboring municipality be considered for shared use, the Board shall require that:

An applicant who proposes a new tower shall notify in writing the legislative body of each municipality that borders the Village and the County Planning Board. Notification shall include the exact location of the proposed tower and a general description of the project, including, but not limited to, the height of the tower and its capacity for future shared use.

Documentation of this notification shall be submitted to the Planning Board at the time of application.

Each applicant shall agree to provide the Village, without any charge, fee or cost, all PWS available through any approved antenna, tower or accessory structures.

Performance standards.

Proof of noninterference from antenna. Each application for installation of an antenna shall include either a preliminary or a certified statement that the installation of the antenna, including reception and transmission functions, will not interfere with the radio or television service enjoyed by adjacent residential and nonresidential properties or with public safety telecommunications. In the event that only a preliminary statement is submitted with the application, a final certified statement of noninterference will be provided and approved by the Village prior to the issuance of a permit. The statement shall be prepared by a professional engineer.

Antenna safety. Antennas shall be subject to state and federal regulation pertaining to nonionizing radiation and other health hazards related to such facilities. The owner shall submit evidence of compliance with the FCC standards on a yearly basis. If new, more-restrictive standards are adopted, the antennas shall be made to comply, or continued operations may be restricted by the legislative body. The cost of verification of compliance shall be borne by the owner and operator of the tower.

Tower lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached to the tower.

Signs and advertising on towers. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.

Tower height limitations. Maximum height of a tower is limited to 150 feet above the ground upon which the antennas are placed. The Planning Board may allow towers up to 200 feet high if the applicant can demonstrate, based upon the topography of the site and surrounding area, siting of the antenna, antenna design, surrounding tree cover and structures and/or through the use of screening, that off-site views of the tower will be minimized. The height limitation may be waived by the Zoning Board of Appeals when the antenna is mounted on an existing building or structure or to accommodate co-location.

Tower building requirements.

The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables, beams or other means. The design should utilize an open framework or monopole configuration, Permanent platforms or structures, exclusive of antennas, that serve to increase off-site visibility are prohibited.

The base of the tower shall occupy no more than 500 square feet, and the top of the tower shall be no longer than the base.

Minimum spacing between tower locations: 1/4 mile.

Access to towers. A road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made.

(8)

Setbacks for towers and accessory structures. Towers and all accessory structures shall conform with each of the following minimum setback requirements:

The minimum setbacks for the underlying zoning district shall be met, with the exception of industrial zoning districts, where towers and accessory structures may encroach in the rear setback area, provided that the rear property line abuts another industrial-zoned property and the tower does not encroach upon any easements.

Towers and accessory structures shall be set back from the planned public rights-of-way as shown on the most recently adopted plan or map of the Village showing such rights-of-way, by minimum distance equal to 1/2 of the height of the tower, including all antennas and attachments.

A tower's setback may be reduced in the sole discretion of the Planning Board to allow the integration of a tower into an existing or proposed structure such as a church steeple, light pole, power line or similar structure.

(9)

Screening and security of towers and accessory structures.

Existing on-site vegetation shall be preserved to the maximum extent practicable.

The base of the tower and any accessory structures shall be landscaped.

Towers and accessory structures shall be provided with security fencing to prevent unauthorized entry.

(10)

Design of antennas, towers and accessory structures. Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. Every antenna and tower shall be of neutral colors that are harmonious with, and that blend with, the natural features, buildings and structures surrounding such antenna and structure; provided, however, that an antenna tower shall be of colors that match, and cause the antenna to blend with, the exterior of the building. Accessory structures will be designed to be architecturally compatible with principal structures on the site.

Compliance with other laws. The operator of every PWS antenna shall submit to the Clerk copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such antenna and shall maintain such licenses and permits and provide evidence of renewal or extensions thereof when granted.

Assignment of permit. Every permit granting approval of an antenna or tower shall state that any assignment or transfer of the permit or any rights thereunder may be made only with the approval of the Village.

Review. The permit shall be subject to review by the Planning Board at ten-year intervals to determine whether the technology in the provision of PWS has changed such that the necessity for the permit at the time of its approval has been eliminated or modified and whether the permit should be modified or terminated as a result of any such change.

Fees. The applicant shall pay to the Village all legal, engineering, architectural and/or other professional fees for the review of any application made pursuant hereto or any litigation resulting therefrom.

Abandoned or unused towers. Abandoned or unused towers or portions of towers shall be removed as follows:

All abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the Planning Board. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the Village and the costs of removal assessed against the property.

Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new special permit.

Effect of law on existing towers and antennas. Antennas and towers in existence which do not conform to or comply with this section are subject to the following provisions:

Antennas and towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this section.