Plandome City Zoning Code
ARTICLE V
Accessory Structure and Building Use and Area Regulations
§ 175-23 Accessory structures and buildings.
A.
Accessory structures and buildings include but are not limited to the following, whether constructed or assembled on site or off site:
(1)
Air-conditioning equipment.
(2)
Deck.
(3)
Driveways.
(4)
Entrance piers.
(5)
Entry steps.
(6)
Fences (including gates).
(7)
Fireplaces, outdoor.
(8)
Flagpoles.
(9)
Garages.
(10)
Light posts.
(11)
Play structures.
(12)
Satellite dishes and other electronic antennas.
(13)
Signs.
(14)
Storage buildings.
(15)
Swimming pools.
(16)
Tennis courts.
(17)
Terraces and patios.
(18)
Walks (including sidewalks).
§ 175-23.1 Accessory structure and building use regulations.
A.
Accessory structures and buildings shall be located on the same lot as the principal building or use to which they are accessory.
B.
An accessory use shall not be carried on by any person other than the occupant of the principal building.
C.
No accessory structure shall be used as a dwelling or for an office or studio.
D.
No accessory structure shall be used for the breeding, keeping or raising of animals or pets.
E.
No accessory structure shall be used for a commercial activity; only noncommercial uses which are customary and incidental to the permitted principal use of the premises are allowed.
§ 175-23.2 Accessory structure and building area regulations.
A.
Accessory buildings shall not be nearer than 10 feet to the principal building.
B.
Accessory structures other than swimming pools and exclusive of garages, driveways, paved walks, walls, fences and gates, shall not be less than 10 feet from the rear and side lot lines. Swimming pools shall not be less than 20 feet from the rear and side lot lines.
[Amended 7-8-2003 by L.L. No. 3-2003; 5-11-2015 by L.L. No. 3-2015]
C.
Accessory buildings shall be set back a minimum of 50 feet from the front lot line or 15 feet back from the front line of the principal building. The greater of the setbacks shall prevail.
D.
The setback of any accessory structures shall not be less than that of the front line of the principal building, exclusive of driveways, paved walks, walls, fences, gates, light posts, entrance piers, flagpoles and entry steps. In addition:
E.
The area occupied by accessory buildings collectively shall not exceed 8% of the lot area. In no case shall any single accessory building exceed 800 square feet.
F.
Play structures, such as swing sets, slides, climbing bars, and/or similar apparatus, that rise above grade more than three feet in height shall not extend over a total ground area exceeding 200 square feet. No part of any such structures shall exceed 10 feet in height. All such play structures shall be provided and maintained with a screening of evergreen shrubs so arranged as to avoid all nuisance, including visual, to the owners and occupants of adjoining properties. A basketball backboard shall not exceed 14 feet in height.
G.
Signs shall not exceed a size of 12 inches in height or 18 inches in width, and the top of the sign shall not exceed a height of four feet above grade.
H.
Detached garages shall have a minimum setback of five feet from side and rear lot lines.
[Added 5-11-2015 by L.L. No. 3-2015]
I.
For attached garages having garage door entrances facing the side or rear yard, the entryway shall have a minimum setback of 27 feet to the garage door from the facing lot line.
[Added 5-11-2015 by L.L. No. 3-2015; amended 11-13-2018 by L.L. No. 3-2018]
§ 175-24 Satellite dishes and other electronic antennas.
No person shall erect and/or maintain any parabolic dish, antenna or similar device, the purpose of which is to receive television, radio, microwave or other electrical signals from space satellites, which exceeds two feet in diameter.
§ 175-25 Fences.
A.
The purposes of this section are:
(1)
To promote the safety of children and the protection of residents from pets by permitting appropriately designed and located fences.
(2)
To deter criminal activity by requiring that residential buildings, structures and grounds be visible by limiting the height of, and providing for visibility through, fences constructed between such buildings, structures, grounds and streets.
B.
A building permit shall be required to erect any fence.
C.
All fencing must be contained within the confines of the owner's property, and at no time shall such fence be constructed upon the land of the Village.
D.
Fences may be constructed in front yards, provided that such fence is no greater than four feet in height at any point as measured from the existing grade prior to the placement of any fill and is either:
E.
Fences may be constructed in a side yard or rear yard as long they are no greater than four feet in height at any point as measured from the existing grade prior to the placement of any fill.
F.
When a fence is erected, the finished side of such fence shall face the adjacent property, including the Village street.
§ 175-26 Walls and retaining walls.
A.
A building permit shall be required to erect any wall or retaining wall.
B.
All walls or retaining walls must be contained within the confines of the owner's property, and at no time shall such wall be constructed upon the land of the Village.
C.
A wall may be constructed:
(1)
In a front yard only if its height at no point exceeds two feet within 12 feet of the lot line or four feet if it is more than 12 feet from the lot line.
[Amended 11-13-2018 by L.L. No. 3-2018]
(2)
In a side yard or in a rear yard only if its height at no point exceeds four feet.
(3)
Only at a distance greater than four feet from any other wall or retaining wall which is aligned more or less parallel to it.
(4)
Only so that the aggregate height of it and all other walls and retaining walls which are aligned more or less parallel to it and situated within 16 feet of one another exceeds eight feet at no point.
(5)
Only so that its finished side shall face the adjacent property, including the Village street.[1]
[1]
Editor’s Note: Former Subsection D, pertaining to construction of retaining walls, which immediately followed this subsection, was repealed 5-11-2015 by L.L. No. 3-2015. This local law also provided for the redesignation of former Subsection E as Subsection D.
D.
A combination of any two or more of a retaining wall, a wall and a fence may only be constructed in such a way that the aggregate height of the combined structures does not exceed the single greatest height limitation allowed any one of the components structures pursuant to §§ 175-25 and 175-26. When such a combination of structures is required by applicable New York law relating to safety barriers on top of retaining walls, the provisions of this Subsection D are waived, but only to the extent necessary to permit the minimum height barrier required by such laws. Further, the barrier required shall be the most open and least obstructing of sight lines as practicable. For example, although it would not be permitted to construct a wall or barrier, it would be permitted to construct an open iron rail fence on top of a retaining wall as a barrier.[2]
[2]
Editor’s Note: Former Subsection F, pertaining to a retaining wall which is a nonconforming structure, and which followed this subsection, was repealed 5-11-2015 by L.L. No. 3-2015.
§ 175-27 Swimming pools. [1]
A.
Application. The provisions of this section shall apply to all swimming pools hereafter constructed and to building permits for swimming pools hereafter issued. Swimming pools heretofore constructed may be continued subject to the provisions of Article VII relating to nonconforming structures and uses.
B.
Application for building permit. In addition to the information elsewhere required or which may be required by the Building Inspector or by the Board of Trustees, an application for a building permit for a swimming pool shall show:
(1)
The location of the swimming pool and all incidental parts thereof;
(2)
Distances to the nearest property lines and to existing structures;
(3)
Complete plans and specifications for the pool and all parts thereof;
(4)
Facilities for draining the pool;
(5)
Facilities for purifying the water; and
(6)
Connections with the water supply systems.
C.
Accessory use only. No swimming pool shall be permitted unless it is accessory to a principal use and unless it is situated on the same lot as such principal use. A swimming pool may not be accessory to more than a one-family dwelling.
D.
Location.
(1)
No swimming pool or part thereof shall be located in the front yard.
(2)
No swimming pool or part thereof shall be located less than 20 feet from the rear and side lot lines.
[Amended 7-8-2003 by L.L. No. 3-2003]
(3)
No swimming pool shall be located or maintained in such a way as to endanger the public water supply of the Village.
(4)
No swimming pool shall be so located as to endanger the foundation of an existing Building or the stability of the adjoining land.
E.
Construction.
(1)
Every swimming pool shall be constructed in accordance with standard practice and shall be designed and constructed so as to retain the water intended to be contained therein and to withstand outside pressures to which it may be subjected and so as to avoid settlement.
(2)
Aboveground swimming pools are prohibited.
F.
Water supply.
(1)
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 Village Water Department.
(2)
Such connections shall be made so as to prevent any water from the swimming pool entering the Village water supply systems.
(3)
In times of drought or water shortage, the Board of Trustees may direct that the use of the swimming pool be discontinued and that all connections with the Village water supply system be disconnected until further directed.
G.
Water purification.
(1)
Every swimming pool shall be equipped with a chlorinating or other device, approved by the Building Inspector, for the purification of the water contained therein, unless, in the opinion of the Building Inspector, the circulation of the water is such that purifying equipment is not necessary.
(2)
In addition, the requirements of the Nassau County Department of Health shall be complied with.
H.
Drainage. Swimming pools may be drained under the following condition: all water being drained from said swimming pool must be disposed of entirely on site, and at no time shall such water flow upon public property or the property of another without his/her consent.
I.
Fencing. Fencing shall be provided and maintained in accordance with the New York State Fire Prevention and Building Code.
J.
Illumination. A swimming pool may be provided with illumination only if the illumination is confined to the pool and if the direct light from the bulbs, tubes or other lighting devices is confined to a height not to exceed six feet above the ground level and is not cast upon the neighboring property.
K.
Discontinuance. If the use of the swimming pool is discontinued or if the swimming pool should, at any time, be in an unsafe or hazardous condition and the pool is not repaired by its owner, the owner shall, on demand, fill in the pool to grade, and shall not restore the pool to use except upon a new application for a building permit. In the event the owner refuses to fill in such pool, the Village shall have the right but not the obligation to enter upon the land, fill in such pool and assess the cost of such work against the property as a lien collectable with the next real property tax due upon the property.
L.
Compliance. No swimming pool or part thereof shall be constructed, reconstructed, altered or used except in conformity with the provisions of this section and other applicable provisions of this chapter and the New York State Fire Prevention and Building Code.