Old Brookville City Zoning Code
ARTICLE V
Supplementary Regulations
§ 300-10 Nonconforming buildings and uses.
The use of any building or land existing and lawful at the time of the enactment of this chapter may be continued although such use does not conform with the provisions of this chapter.
A.
Unsafe structures. Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.
B.
Alterations. A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the full market value of the building unless such building is changed to a conforming use.
C.
Extension. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building which existing prior to the enactment of this chapter shall not be deemed the extension of such nonconforming use.
D.
Construction approved prior to adoption or amendment of this chapter. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and for which the excavation has been prepared and the foundation walls constructed when this chapter or any amendment hereto takes effect; provided, however, that the construction must be complete within one year from such date.
E.
Restoration. No building damages by fire or other causes to the extent of more than 50% of its fair market value shall be repaired or rebuilt in conformity with the regulations of this chapter.
F.
Abandonment. Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
G.
Changes. Once changed to a conforming use no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to a use of the same higher classification, and when so changed to a higher classification, such use thereafter shall not be changed to a lower classification.
H.
Displacement. No nonconforming use shall be extended to displace a conforming use.
I.
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.
§ 300-11 Nonconforming lots existing prior to adoption or amendment of this chapter.
A.
Exemption from area, width and depth requirements. Any lot held in single or separate ownership prior to the adoption of the local law from which this chapter is derived, or any subsequent amendment thereto, which does not have sufficient area, width or depth shall be deemed, nevertheless, to comply with such minimum lot requirements, and no variance shall be required by the original owner or any subsequent owner to obtain a building permit, provided that:
(1)
Such lot does not adjoin any other lot or lots held by the same owner at any time subsequent to the adoption of the original Zoning Ordinance adopted on June 10, 1930, or any amendment thereto or any amendment to this chapter increasing required lot dimensions whose aggregate area, width or depth is equal to or greater than the minimum lot area, width, or depth required for that district.
(2)
The proposed use complies with all other zoning regulations for the district in which it is located.
§ 300-12 Signs.
A.
Restrictions. Except for directional, informational, traffic and cautionary signs maintained by the Village, county or state, or signs required by law or approved by the Board of Trustees, no sign shall be erected or maintained on any building or premises in any residence or business district except as hereinafter specifically provided.
B.
Residence districts. In any residence district, signs may be erected and maintained for the following purposes and for no other. Any sign erected or maintained shall be subject to all of the conditions and provisions set forth in this section.
(1)
One professional nameplate, which shall be not over one square foot in area for the purposes set forth in § 300-7C(9) of this chapter.
(2)
One sign which shall not exceed two square feet in area displaying not more than the name of the occupant or the name of the property and/or the street address of the premises.
(3)
One sign or bulletin board, not exceeding eight square feet in area, on church, institutional or school property, giving the identification thereof or advertising the activities thereof, or both. Such sign shall not be placed within a distance of 10 feet from any street or property line and shall not exceed six feet in height above ground level.
(4)
One sign, which shall not exceed one square foot in area, indicating that the premises are protected by a security company. Such sign shall not be placed within a distance of 10 feet from any property line or any street line and shall not exceed one foot in height above ground level. Signs on windows, not exceeding 36 square inches, indicating that the premises are protected by a security company, shall be exempt from the provisions of this section.
(5)
One permanent subdivision or development sign to be approved by the Planning Board which shall not exceed four square feet in area and which shall indicate only the name of the subdivision or development. Such sign shall be installed in such a manner and in such a location within the property line at the entrance to the subdivision or development as shall be approved by the Planning Board.
(6)
One real estate sign affixed to a post, which post and sign shall not be more than six feet in height above ground level. Such sign shall not set forth the name of an individual or firm, shall not state "in contract" or "sold" or the like, and shall be limited to the wording "For Sale" or "For Rent," and may add the words "Broker" or "Owner" and may set forth no more than two telephone numbers. Any such real estate sign shall be removed within 24 hours after the transfer of title or the giving of possession to the property.
(7)
One "open house" sign for a period of no more than five hours on the day of an open house. Any such open house sign shall be removed at the conclusion of the open house.
(8)
No more than one "construction" sign may be maintained on the premises by each company erecting, altering, or repairing a structure on the premises, which sign may identify the name of the company, its address, trade and telephone number.
(9)
No more than one temporary real estate subdivision sign, the design of which has been approved by the Planning Board. Any such sign shall be installed within the property line at a location approved by the Planning Board. Only one such sign shall be permitted in a subdivision. Such sign may be erected and maintained for a period not to exceed two years commencing with the filing of the resolution granting final approval to the subdivision. Such sign shall be kept in good repair and shall be removed at the end of two years, unless the Planning Board grants permission to maintain the sign for a longer period, or at the time of occupancy of all homes in the subdivision, whichever is sooner.
(10)
One sign not larger than 12 square feet in area to advertise the sale of farm products grown on the premises, said sign to be set back not less than 15 feet from every street line and not less than 10 feet from every side line which is not a street line. Such sign shall be no higher than six feet above ground level.
(11)
Any real estate sign, open house sign, construction sign or temporary real estate sign, including any posts to which such sign may be affixed, shall be no higher than six feet above ground level, and any such sign shall be no larger than two feet wide by two feet long. Any such street sign shall be set back not less than 20 feet from any street line and not less than 25 feet from any other lot boundary.
(12)
No sign shall be illuminated or made with reflective or fluorescent paint or material.
C.
Business districts. In a business district, the following kinds of signs may be erected and no others. Any sign erected or maintained shall be subject to all of the conditions and provisions set forth in this subsection.
(1)
Generally. Any sign permitted in a residence district for the purposes set forth therein.
(2)
Business District 1. In Business District 1, a single sign may be erected for location purposes only, the dimensions of which shall not exceed 48 inches by 72 inches on a flat surface.
(a)
No exterior lighting shall be permitted on such location sign which, if lighted, must be constructed on translucent, plastic material and lighted from within the interior and shall be of a height no greater than 25 feet.
(b)
In addition thereto, a single individual sign may be erected on a flat surface on the front of the building, which shall not exceed dimensions of 24 inches by 40 inches, which in the case of every building located therein, shall be uniform as to lettering, shape, size and color, unless otherwise permitted by the Planning Board. Such sign shall be parallel with the building frontage and shall project no more than six inches therefrom. No such sign shall be illuminated. A sketch of each proposed sign shall be submitted to the Planning Board before approval is granted.
(3)
Business District 2.
(a)
In Business District 2, there shall be allowed no more than two location signs marking the entrances to the shopping center; the dimensions of each of said two signs shall not exceed eight feet by 10 feet on a flat surface. No exterior lighting shall be permitted on such location signs, which if lighted, must be constructed of translucent plastic material and lighted from within the interior.
(b)
Individual signs for each of the structures located within said shopping center shall be uniform in lettering and shape and color. They shall not exceed 24 inches in height, and depending upon the length of the store frontage, shall be of a length between 40 inches to a maximum of 108 inches. They shall run parallel with the building frontage and shall project no more than six inches therefrom. No such sign shall be illuminated.
(4)
Location and height limitations. Any individual signs erected pursuant to the foregoing provisions shall be within the property line and no higher than the ceiling of the first story and in no case above the eaves and cornices and shall be limited to displaying the name and nature of the business or employment for which said building is used.
(5)
All other signs prohibited. No signs other than those expressly permitted herein shall be permitted, including signs painted directly on walls of any building, nor paper signs fixed to the windows of any building. Signs shall be deemed to include streamers, balloons or any other form of outdoor advertising designated to attract public attention.
D.
Permits and fees.
(1)
Permit required. It shall be unlawful to erect, alter, maintain, reconstruct or relocate a sign until a permit has been issued therefor by the Building Inspector. A written application therefor shall be filed with the Building Inspector by the owner or lessee of the building or premises on which such sign is to be erected or maintained or by the duly authorized agent of such owner or lessee. Such application shall be accompanied by the written consent of the owner and shall contain an accurate description of the location or proposed location of such sign, the name and address of the applicant and the name and address of the person by whom such signs is to be erected, altered, maintained, reconstructed or relocated, and such other information as the Building Inspector may require to show a compliance with the provisions of this chapter.
E.
Construction and maintenance of signs. All signs shall be property secured, supported and braced as to make them safe and shall be kept in perfect structural condition and clean and well painted.
F.
Revocation and expiration of permit.
(1)
When it shall appear to the Building Inspector that any sign is being maintained in an unsafe or insecure manner or in violation of any of the other terms of this section, he or she shall so notify the person to whom the final permit has been issued in writing at the address stated on the application, and it shall be the duty of such person to make such repairs or to comply with the necessary provisions of this section within the time stated in the notice. If such repairs are not so made or if such compliance is not so effected, the Building Inspector may cause such sign to be removed and shall charge the expense thereof to the person so notified.
(2)
Any permit issued hereunder shall be deemed to expire upon any change in ownership of the premises on which it is to be erected or upon any change in ownership of the business or profession which it shall advertise. Upon expiration and notice thereof by the Building Inspector to the applicant, it shall be the duty of the person so notified to remove such sign, and, if not so removed, the Building Inspector may cause such sign to be removed and shall charge the expense thereof to the person so notified.
G.
Applicability. This section shall also apply to all signs existing on the effective date of this chapter as well as to signs hereafter erected.
§ 300-13 Fences, walls, piers, gates and gate posts.
[Amended 11-16-2020 by L.L. No. 2-2020]
A.
For purposes of this section, a "fence" shall mean collectively any fence, wall, pier, gate, gate post or any other structure in the nature of a fence, wall, pier, gate or gate post, regardless of composition, except a living fence, which is erected or maintained for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions.
B.
No fence shall be hereafter erected or maintained on any premises which shall exceed 6 1/2 feet in height, such height to be measured from the curb level or ground, whichever is higher. In the case of a fence to be located on top of a berm, the height of the fence shall be measured from the ground below the berm and not from the top of the berm. No fence or gate shall be hereafter erected or maintained on any street, except in such locations and as provided for in Subsection G below for security and safety purposes.
C.
No fence shall hereafter be erected or maintained unless the fence is uniformly less than 50% solid. Solid stockade fences are specifically prohibited. All chain-link fences shall be erected with the closed loop at the top of the fence. No fence shall be multicolored. The design and materials of all fences shall be approved by the Architectural Review Board prior to the issuance of a building permit.
D.
The yard requirements of this chapter shall not be deemed to prohibit the erection or maintenance of any necessary fence, provided that all fences must be erected or maintained within the property line, and none shall be erected or maintained so as to encroach upon a street or public right-of-way, except as provided for in Subsection G below. The locations of all fences shall be subject to site plan review and approval of the Planning Board pursuant to § 300-20 of this chapter. Fences shall not be erected in locations which will result in the disturbance, alteration or destruction of natural buffers or living fences consisting of existing natural vegetation and/or trees. The "good," "face" or "finished" side of all fences located on or near property lines shall be faced outward from the property on which they are located toward the property line of the adjacent owner or adjacent street. If the fence is being erected to comply with New York State law for swimming pools, such fence shall be freestanding with no bracing or similar type installations or supports which would act as a ladder. The Building Inspector shall designate which side of the fence is the good, finished or face side of the fence.
E.
Any existing fence which does not conform to the requirements of this chapter shall not be reconstructed or structurally altered during its life to an extent exceeding in the aggregate cost 50% of the full replacement cost of the fence unless such fence is made to conform to the requirements of this chapter.
F.
The provisions of § 300-19, Building permits, of this chapter shall apply to fences. No fence shall be hereafter erected or maintained unless a building permit therefor shall have been issued by the Board of Trustees. In addition to the requirements set forth in § 300-19 of this chapter, the application for a building permit for a fence shall also be accompanied by a plan or sketch showing the exact location of the fence in relation to property lines and the materials to be used therein, which must be in accordance with this section and any other pertinent local law regulating construction within the Village. The Board of Trustees may require that an applicant for a building permit for a fence submit a current property survey showing the exact proposed location of the fence, an affidavit of the owner that the fence will be installed on his property and evidence that the applicant has notified all adjacent landowners by certified mail, return receipt requested, of the permit application.
G.
Security gates. Pursuant to a site plan review application under § 300-20 of this chapter, the Planning Board may waive the prohibition against the placing of a gate or fence across a street if it finds that the properties in the community are so situated or located that an entrance gate is required for security purposes or is otherwise needed as a safety measure in the following situations only and expressly subject to the following conditions:
(2)
All streets accessed via the gated road shall also only be private roads.
(3)
The gate must open to a minimum width of 15 feet to provide for ingress and egress of Fire Department and emergency vehicles. The entrance from the public right-of-way shall be free of any and all permanent obstacles that might impede entry by an emergency vehicle. The gate when fully open must not obstruct the path of travel for vehicles or pedestrians, both emergency and non-emergency, nor may it encroach upon any public street or public right-of-way. There also must be a suitable area at the gate to allow for traffic to safely maneuver to a turnaround when the gate is in a closed position. The applicant must also obtain approval from the Nassau County Fire Marshal.
(4)
The height of such gate shall be no more than six feet and the height of any piers shall be no more than seven feet as measured from the average original grade level immediately adjacent to the gate.
(5)
The moving portion of the gate shall be constructed of a material that is at least 80% open, consisting of wrought iron or other decorative or ornamental material. No solid materials shall be permitted. The design, color, texture and proportion of all gates and materials shall be explicitly specified in the site plan application and subject to approval by the Planning Board in its sole discretion.
(6)
Each gate must have a lockbox within sight of the gate and in close proximity outside the gate. The lockbox at all times shall contain a key, card or code to open the gate or a key switch or cable mechanism that overrides the key, card or code that normally opens the gate and allows the gate to be opened manually.
(7)
Access to the lockbox required hereunder shall be limited to a person or agency providing fire-fighting or emergency medical services or law enforcement for the state or local municipalities.
(8)
Each electrical vehicular gate must be provided with a fail-open device to open during power failures. During a power failure, the gates shall open and remain open.
(9)
The gate shall be kept in working order and shall be repaired and/or replaced in the event it is disabled or damaged. An appropriate power supply shall be provided and maintained to all electrical and electronic components at all times. The Village shall have the right to enter the development or neighborhood periodically to inspect the installed security gate and related appurtenances and equipment at any and all reasonable times to assess their proper maintenance and working condition. When in the Village's opinion such gate or related appurtenances and/or equipment is faulty or unduly impedes or adversely affects vehicular or pedestrian access, the Board of Trustees may order the repair of such gate pursuant to the procedures under § 210-8 of the Village Code and pursue the remedies thereunder. Responsibility for the cost of such repairs shall be borne by and may be assessed to the appropriate homeowners' association or developer or owner of the property in question.
(10)
The applicable property or subdivision owner, developer or homeowners' association, including its officers and assigns, shall be held mutually responsible and liable for any violations of these regulations. Further, if the development is controlled and operated by a homeowners' association, provisions shall be contained in the respective deed restrictions and in the association's bylaws, referencing and incorporating these regulations therein. No homeowners' association thus incorporating these regulations shall amend, change or modify such without the written consent of the Planning Board.
(11)
Hold harmless. On the site plan there shall be language whereby the owner, developer or homeowners' association (as owner of the entrance or security gate) agrees to release, indemnify and hold harmless the Village of Old Brookville, or any other governmental entity or public utility, for damages, attorney's fees, court costs or injury to property or person (including death) arising out of the use or operation by said entities of any restricted security gate, entrance or related feature. The indemnification applies regardless of whether or not such damages or injury (including death) are caused by the negligent act or omission of the Village or governmental entity or public utility, including their officers, employees, agents or assigns.
§ 300-14 Mobile homes and trailers.
[Amended 5-20-1985 by L.L. No. 4-1985]
No mobile home, trailers for recreational uses (including campers, boats and trailers), designed to be used for human habitation shall be used, stored or parked in any residence district, except that a mobile home or trailer may be stored or parked inside a private garage or screened enclosure.
§ 300-15 Height requirements.
[Amended 5-20-1985 by L.L. No. 4-1985]
The height limitations of this chapter shall apply to belfries, church spires, cupolas, silos, penthouses and domes which are not used for human occupancy and to ventilators, skylights, water tanks and the necessary mechanical appurtenances usually carried above the roof level; to flag poles, monuments, transmission towers and cables, radio and television antennas or towers and similar structures but not to chimneys. No advertising device of any kind whatsoever shall be inscribed upon or attached to that part of any chimney, tower, tank or other structures.
§ 300-16 Reducing area or dimensions of lots.
No building lot, whether improved or unimproved, shall be changed or divided in any respect which would make the lot or any building or structure thereon in violation of any provision of this chapter.
§ 300-17 Berms.
A.
Findings. The installation of excessive or improperly placed berms on private property in the Village is detrimental to the to the public health, comfort, convenience, safety, peace and repose of Village residents. The restrictions and prohibitions contained in this chapter are necessary to protect and preserve the environment and natural contours of land in the Village, the safety of pubic streets, and the quiet use and enjoyment of private property by Village residents.
B.
Restrictions on installation. It shall be unlawful for any person to install, erect, excavate, establish or maintain any real property in the Village any berm which is not in compliance with this chapter.
C.
Administration. This section shall be administered by the Planning Board in conjunction with the Building Inspector of the Village.
D.
Building permit required. Whenever a property owner or its agent shall deem it necessary to erect a berm on any real property within the Village, such landowner or agent shall first make application for a building permit to the Village. The application shall be made on such form as may be prescribed by the Building Inspector and shall include, but not be limited to, the following:
(1)
The name and address of the applicant and owner of the real property;
(2)
Written consent of the owner or owners of the real property;
(3)
Location of the property including street number, street, and Tax Map designation;
(4)
The purpose of the proposed berm;
(5)
An attached sketch or plan of the area indicating the following:
(a)
The location, height, width and length of the berm;
(b)
The location of any existing and proposed improvements and structures on the real property;
(c)
The location of the nearest boundary to the proposed berm, including the distance to such boundaries;
(e)
The materials of which the berm is to be constructed;
(f)
The proposed vegetation, landscaping or other cover for the proposed berm;
(g)
Any additional information that the Building Inspector may deem necessary to evaluate the application, including and not limited to an engineer certified drainage plan and topographical survey and a report by a certified arborist describing the impact of the berm on area trees and vegetation.
E.
Chapter 154, Fees and Deposits, of the Code of the Village of Old Brookville shall apply to this section.
F.
Upon completion of the work the applicant shall obtain a certificate of completion from the Building Inspector. The Building Inspector may require a certified survey for such purpose.
G.
Standards for construction. All berms shall be constructed, erected, installed, excavated, established or maintained in conformity with the following standards:
(1)
The material to be used shall be uncontaminated and approved by the Building Inspector.
(2)
The outer edge of the berm shall be at least 30 feet from the front lot line and 20 feet from any side or rear lot line.
(3)
The slope of the outer surface of the berm shall not exceed an angle of 30° for the natural grade.
(4)
The width of the berms shall be at least four feet at the top.
(5)
The height of a berm shall not exceed four feet above the natural grade that exists prior to berm construction.
(6)
Berms shall be constructed only along roadways. A berm shall not be constructed between adjoining private properties.
(7)
Berms shall be landscaped on all visible surfaces with living ground cover and shall be maintained in a neat and clean condition.
(8)
The Building Inspector or Village Engineer may require the installation of dry wells or other drainage facilities as deemed necessary.
H.
Prohibitions.
(1)
No fence shall be erected atop a berm.
(2)
A berm shall not obstruct vision at an intersection in a manner which would create a safety hazard to motorists, bicyclists, or pedestrians.
(3)
A berm shall not create a drainage problem on any Village, other municipal or state property, not onto adjacent or adjoining private property, including stagnant water or ponding.
I.
Existing berms. Any berms existing prior to the enactment and in violation of this section shall be removed, relocated or altered so as to comply with the provisions herein within six months of notice from the Code Enforcement Officer.
J.
The Zoning Board of Appeals after a public hearing may grant variances from the requirements of this section. The standards for area variances shall apply.
§ 300-17.1 Rentals.
[Added 2-25-2019 by L.L. No. 1-2019]
A.
No more than one family may rent or occupy a dwelling at any given time and no dwelling may be divided into separate dwelling units to rent to more than one family. No person shall permit any tenant, subtenant or other person to take up residence by a rental occupancy of an individual room or of anything less than the entire structure or building.
B.
The renting, leasing, subleasing or letting of a short-term rental property or the advertising thereof in any medium is prohibited.
C.
No more than two rental occupancies not otherwise prohibited herein shall occur within any 365-day period.
D.
A property owner must notify the Village Clerk and Police Department of the name, contact telephone number and length of lease term of any individual(s) occupying the premises upon any renting, leasing, subleasing or letting authorized under this section, prior to the occupancy of such individual(s).