Pleasantville City Zoning Code
ARTICLE II
Residence Districts
§ 185-8 One-Family Residence RRR District.
A.
Principal uses. A structure or building may be erected, altered, arranged, designed or used and a lot or premises may be used for any of the following purposes and for no other:
(1)
One-family detached dwelling, not to exceed one such dwelling on each lot.
(2)
Municipal parks and playgrounds, including customary recreational, refreshment and service buildings and any other governmental use of the Village of Pleasantville or of a duly organized fire district, the major portion of the territory of which is within the Village of Pleasantville.
(3)
Place of worship, together with such other building or buildings as are customarily erected in conjunction therewith, including elementary and secondary schools, residences for the clergy of such church and parish or community houses which are maintained and operated by and form an adjunct of any church or other religious organization now or hereafter located in the Village; public schools and private schools operated as nonprofit organizations within the meaning of the United States Internal Revenue Code and registered effectively as such thereunder. The uses set forth in this subsection shall be subject to the following supplementary requirements:
(a)
Notwithstanding any other provisions of this chapter to the contrary, no building shall exceed a height of 42 feet, nor shall the number of stories at any point along the periphery of such building exceed three.
(b)
Notwithstanding any other provisions of this chapter to the contrary, no part of a building having a height in excess of 30 feet shall be erected nearer than 50 feet to any street or property line.
(c)
Notwithstanding any other provisions of this chapter to the contrary, the sum of all areas covered by all principal and accessory buildings shall not exceed 25% of the area of the lot.
(d)
Courts shall conform to the requirements of § 185-15A(6)(d) of this chapter.
(e)
All parking and service areas shall have screening between the same and all adjoining and neighboring residential properties; the design of such screening shall be subject to approval by the Planning Commission.
(4)
Public utility installations and facilities which are needed to serve the Village or the immediate neighboring communities, subject to a determination by the Village Board of Trustees that no other location in a less restricted district can reasonably be used for the purpose contemplated and subject, further, to such conditions as the Planning Commission may deem to be appropriate for the protection of adjoining properties and of the character of the district. The site development plan shall be subject to approval by the Planning Commission, in accordance with the provisions of § 185-50 of this chapter.
(5)
For detailed bulk and off-street parking and loading requirements, see Schedule I and Schedule VII, respectively, of § 185-36 of this chapter.
B.
Accessory uses. Accessory uses shall be limited to the following:
(1)
Home occupations, subject to the following requirements:
(a)
Any such use shall be located entirely within the principal dwelling building.
(b)
No more than 500 square feet or 30% of gross floor area of one floor of the principal dwelling building, whichever is less, shall be used for such purposes (including permitted storage of materials).
(c)
No nonresident associates, assistants or employees shall be permitted.
(d)
If instruction is involved, it shall be limited to a single student at a time.
(e)
No display of materials visible from the street and no outdoor storage of materials shall be permitted. No storage of materials other than that which is clearly incidental to the operation of the home occupation shall be permitted.
(f)
No signs shall be displayed, except as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(g)
Except as permitted by Subsection B(1)(f) hereof, the lot and all its structures shall maintain their residential appearance from the outside of the structure.
(h)
Suitably screened adequate parking, meeting the requirements of Schedule VII of § 185-36 and § 185-38C, E and F of this chapter, shall be maintained throughout the duration of the use.
(i)
The nature and intensity of the home occupation shall not create any hazardous, detrimental or nuisance conditions or generate any objectionable noise, odors, fumes, lighting, glare, radiation, radio or television interference or other adverse impacts.
(j)
The home occupation shall not involve merchandising, trade or the exchanging of commodities by sale to persons who come to the premises or by shipment to or from the premises.
(k)
No equipment, other than light office equipment (including but not limited to typewriters, computers, fax machines, photocopiers and postage meters), medical or dental equipment, or other electrical or mechanical equipment that might typically be used in connection with a residential use, shall be permitted.
(l)
No production of materials, other than written materials, computer-generated materials, materials created by light assembly performed by hand or with electrical or mechanical equipment as permitted under Subsection B(1)(k) hereof, or materials of a type and quantity that might typically be created as part of a residential hobby, shall be permitted.
(m)
No trash generation that is in excess of that which is typical of any normal household use shall be permitted, unless disposed of by a private carter.
(n)
Any hazardous or biological wastes generated must be stored indoors, clearly labeled and properly disposed of by a private carter in accordance with all applicable laws and regulations.
(o)
No discharge of waste into sanitary sewers other than that typical of a residential use shall be permitted, unless such waste is properly treated prior to discharge in accordance with all applicable laws and regulations.
(p)
The home occupation shall comply with all applicable federal, state, county and local regulations.
(2)
Garden house, toolhouse, storage shed, children's playhouse, greenhouse, or private garage or carport for off-street parking of passenger automobiles of residents on the premises, provided that no accessory structure or use thereof, except HVAC condensing units, shall be:
[Amended 9-25-2017 by L.L. No. 4-2017]
(a)
Nearer to the front lot line than 60 feet.
(b)
Nearer to any rear or side lot line than five feet.
(c)
Higher than one story (maximum 15 feet).
(d)
Used for human habitation.
(3)
Swimming pool or sport court incidental to the residential use of the premises and not operated for gain, provided that such swimming pool or sport court shall be subject to the following requirements:
[Amended 11-22-1999 by L.L. No. 12-1999]
(a)
The minimum lot area for a swimming pool or sport court shall be 20,000 square feet.
(b)
No part of any swimming pool shall be nearer than 20 feet to any property line, nor nearer to any street line than the rear wall of the residence. In the case of a corner lot, a swimming pool shall not be any closer to the side street than the side wall of the residence.
(c)
No part of a sport court shall be nearer than 20 feet to any property line nor, except in the case of corner lots, nearer to any street line than that rear wall of the main building which is located nearest to the street. On a corner lot, a sport court may project within a distance of one of the bounding streets equal to the required front yard.
(d)
A pool or sport court shall be screened from the view of abutting properties by means of a thick hedge with a height of not less than six feet six inches or an opaque fence with a height of not more than six feet six inches.
(e)
An adequate permanent fence or barrier shall be erected and maintained to prevent accidental entry or unauthorized use of a swimming pool and particularly entry by a small child.
[1]
Such fence or barrier may be erected so as to completely enclose the swimming pool itself or that portion of the yard in which the swimming pool is situated or the entire property. Such fence or barrier shall be adequately supported and shall not be less than four feet nor more than six feet six inches in height, as determined by the Building Inspector as hereinafter provided. Such fence shall have not more than two openings for ingress or egress. Said opening shall have a self-closing gate or door with an adequate lock, which can be opened from outside the swimming pool enclosure only by means of a key or combination. The gate, door and lock shall at all times be maintained in proper working order to ensure that such gate or door shall be kept closed and locked at all times when the swimming pool is not in use.
[2]
The type and height of fence or barrier shall be approved by the Building Inspector who, in evaluating a request for approval, shall give due consideration to the adequacy and durability of the proposed fence or barrier to ensure the safety and welfare of the general public, and particularly of small children, and to the terrain and character of the district with a view to conserving the value of buildings and land and encouraging the most appropriate use of land in the Village. In the event of any question as to adequacy, the matter shall be submitted to the Board of Appeals for determination.
(f)
Any lighting used in conjunction with such pool or sport court shall be directed away from adjoining properties.
(g)
Swimming pools shall be installed so that any planned drainage will not flow into adjoining properties.
(h)
Should the owner abandon a swimming pool, he or she shall remove the same if above ground, and he or she shall arrange to fill in the depression if below ground. The Building Inspector shall be notified of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.
(4)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(5)
Fences or garden walls (retaining and garden types) for permitted residential uses shall be limited to four feet in height in any front yard and six feet six inches in height in any rear or side yard. For all other permitted uses, such fences or walls may be erected to greater heights if approved or so required by the Planning Commission. The height of a fence or wall shall be measured above the lowest adjacent finished grade. Fences shall be erected with finished side facing the street and/or abutting properties.
[Amended 5-29-2002 by L.L. No. 6-2002; 9-25-2017 by L.L. No. 4-2017]
(6)
Off-street parking.
(7)
Antennas, as permitted and regulated in Article VIIB of this chapter.
C.
Uses subject to special permit. The following uses are subject to the issuance of a special permit in accordance with § 185-56 of this chapter.
(1)
Annual membership clubs incorporated pursuant to the Not-for-Profit Corporation Law or the Benevolent Orders Law of the State of New York, catering exclusively to members and their guests, including uses customarily accessory to the same; and private playgrounds, swimming pools and tennis courts subject to the restrictions of Subsection B(3) herein and recreation buildings not conducted as business enterprises, provided that no building or part of a building erected under the provisions of this subsection shall be located nearer than 50 feet to any street or property line and the following shall be prohibited:
(a)
Outdoor entertainment, live or mechanical.
(b)
The use of outdoor public-address systems for any purpose, except upon issuance of a permit therefor by the Village Clerk.
(c)
Exterior lighting, other than that essential for the safety and convenience of the users of the premises.
(2)
Cemeteries, including extensions of existing cemeteries.
(3)
Except as otherwise provided by law, facilities licensed or supervised by an appropriate state or federal agency to provide residential or institutional care services to not more than 12 persons, but not including a hospital, sanitarium, assisted-living residence, nursing home, convalescent home or penal institution, which facilities, by virtue of the transiency of their residents or the on-site uninterrupted professional supervision, treatment and care that they provide, do not function as the functional and factual equivalent of a family, subject to the following requirements, in addition to § 185-56 of this chapter:
(a)
Anyone establishing any such facility at any location within the Village shall register with the Building Inspector and provide the following information:
[1]
The name of the operating agency.
[2]
The names of the resident supervisors of the proposed facility.
[3]
The street address of the proposed facility.
[4]
The maximum number of persons who will live in the proposed facility.
[5]
The governmental authorization to operate the proposed facility.
(b)
Any such facility shall be licensed by an authorized governmental agency.
(c)
No such facility shall be located closer than 2,000 feet to any similar existing facility established pursuant to this section. This distance shall be measured along a straight line connecting the two closest points of each property line. This measured distance shall apply to facilities established in the Village or in a neighboring municipality.
(d)
Spaces for the parking of passenger vehicles shall be provided in accordance with Schedule VII of § 185-36 of this chapter.
(e)
None of the provisions of this section shall be construed to restrict the establishment of congregate residential facilities for the disabled in violation of federal law.
(4)
Accessory apartments, as permitted and regulated in Article VII of this chapter.
(5)
Wireless telecommunications services facilities, as permitted and regulated in Article VIIA of this chapter.
§ 185-9 One-Family Residence RR District.
A.
Permitted principal uses. A structure or building may be erected, altered, arranged, designed or used and a lot or premises may be used for any of the following purposes and for no other:
(1)
One-family detached dwelling, not to exceed one such dwelling on each lot.
(2)
Municipal parks and playgrounds, including customary recreational, refreshment and service buildings and any other governmental use of the Village of Pleasantville or of a duly organized fire district, the major portion of the territory of which is within the Village of Pleasantville.
(3)
Place of worship, together with such other building or buildings as are customarily erected in conjunction therewith, including elementary and secondary schools, residences for the clergy of such church and parish or community houses which are maintained and operated by and form an adjunct of any church or other religious organization now or hereafter located in the Village; public schools and private schools operated as nonprofit organizations within the meaning of the United States Internal Revenue Code and registered effectively as such thereunder. The uses set forth in this subsection shall be subject to the following supplementary requirements:
(a)
Notwithstanding any other provisions of this chapter to the contrary, no building shall exceed a height of 42 feet, nor shall the number of stories at any point along the periphery of such building exceed three.
(b)
Notwithstanding any other provisions of this chapter to the contrary, no part of a building having a height in excess of 30 feet shall be erected nearer than 50 feet to any street or property line.
(c)
Notwithstanding any other provisions of this chapter to the contrary, the sum of all areas covered by all principal and accessory buildings shall not exceed 25% of the area of the lot.
(d)
Courts shall conform to the requirements of § 185-15A(6)(d) of this chapter.
(e)
All parking and service areas shall have screening between the same and all adjoining and neighboring residential properties; the design of such screening shall be subject to approval by the Planning Commission.
(4)
Public utility installations and facilities which are needed to serve the Village or the immediate neighboring communities, subject to a determination by the Village Board of Trustees that no other location in a less restricted district can reasonably be used for the purpose contemplated and subject, further, to such conditions as the Planning Commission may deem to be appropriate for the protection of adjoining properties and of the character of the district. The site development plan shall be subject to approval by the Planning Commission, in accordance with the provisions of § 185-50 of this chapter.
(5)
For detailed bulk and off-street parking and loading requirements, see Schedule I and Schedule VII, respectively, of § 185-36 of this chapter.
B.
Accessory uses. Accessory uses shall be limited to the following:
(1)
Home occupations, subject to the following requirements:
(a)
Any such use shall be located entirely within the principal dwelling building.
(b)
No more than 500 square feet or 30% of gross floor area of one floor of the principal dwelling building, whichever is less, shall be used for such purposes (including permitted storage of materials).
(c)
No nonresident associates, assistants or employees shall be permitted.
(d)
If instruction is involved, it shall be limited to a single student at a time.
(e)
No display of materials visible from the street and no outdoor storage of materials shall be permitted. No storage of materials other than that which is clearly incidental to the operation of the home occupation shall be permitted.
(f)
No signs shall be displayed, except as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(g)
Except as permitted by Subsection B(1)(f) hereof, the lot and all its structures shall maintain their residential appearance from the outside of the structure.
(h)
Suitably screened adequate parking, meeting the requirements of Schedule VII of § 185-36 and § 185-38C, E and F of this chapter, shall be maintained throughout the duration of the use.
(i)
The nature and intensity of the home occupation shall not create any hazardous, detrimental or nuisance conditions or generate any objectionable noise, odors, fumes, lighting, glare, radiation, radio or television interference or other adverse impacts.
(j)
The home occupation shall not involve merchandising, trade or the exchanging of commodities by sale to persons who come to the premises or by shipment to or from the premises.
(k)
No equipment, other than light office equipment (including but not limited to typewriters, computers, fax machines, photocopiers and postage meters), medical or dental equipment, or other electrical or mechanical equipment that might typically be used in connection with a residential use, shall be permitted.
(l)
No production of materials other than written materials, computer-generated materials, materials created by light assembly performed by hand or with electrical or mechanical equipment as permitted under Subsection B(1)(k) hereof, or materials of a type and quantity that might typically be created as part of a residential hobby, shall be permitted.
(m)
No trash generation that is in excess of that which is typical of any normal household use shall be permitted, unless disposed of by a private carter.
(n)
Any hazardous or biological wastes generated must be stored indoors, clearly labeled and properly disposed of by a private carter in accordance with all applicable laws and regulations.
(o)
No discharge of waste into sanitary sewers other than that typical of a residential use shall be permitted, unless such waste is properly treated prior to discharge in accordance with all applicable laws and regulations.
(p)
The home occupation shall comply with all applicable federal, state, county and local regulations.
(2)
Garden house, toolhouse, storage shed, children's playhouse, greenhouse, or private garage or carport for off-street parking of passenger automobiles of residents on the premises, provided that no accessory structure or use thereof, except HVAC condensing units, shall be:
[Amended 9-25-2017 by L.L. No. 4-2017]
(a)
Nearer to the front lot line than 60 feet.
(b)
Nearer to any rear or side lot line than five feet.
(c)
Higher than one story (maximum 15 feet).
(d)
Used for human habitation.
(3)
Swimming pool or sport court incidental to the residential use of the premises and not operated for gain, provided that such swimming pool or sport court shall be subject to the following requirements:
[Amended 11-22-1999 by L.L. No. 12-1999]
(a)
The minimum lot area for a swimming pool or sport court shall be 20,000 square feet.
(b)
No part of any swimming pool shall be nearer than 20 feet to any property line, nor nearer to any street line than the rear wall of the residence. In the case of a corner lot, a swimming pool shall not be any closer to the side street than the side wall of the residence.
(c)
No part of a sport court shall be nearer than 20 feet to any property line nor, except in the case of corner lots, nearer to any street line than that rear wall of the main building which is located nearest to the street. On a corner lot, a sport court may project within a distance of one of the bounding streets equal to the required front yard.
(d)
A pool or sport court shall be screened from the view of abutting properties by means of a thick hedge with a height of not less than six feet six inches or an opaque fence with a height of not more than six feet six inches.
(e)
An adequate permanent fence or barrier shall be erected and maintained to prevent accidental entry or unauthorized use of a swimming pool and particularly entry by a small child.
[1]
Such fence or barrier may be erected so as to completely enclose the swimming pool itself or that portion of the yard in which the swimming pool is situated or the entire property. Such fence or barrier shall be adequately supported and shall not be less than four feet nor more than six feet six inches in height, as determined by the Building Inspector as hereinafter provided. Such fence shall have not more than two openings for ingress or egress. Said opening shall have a self-closing gate or door with an adequate lock, which can be opened from outside the swimming pool enclosure only by means of a key or combination. The gate, door and lock shall at all times be maintained in proper working order to ensure that such gate or door shall be kept closed and locked at all times when the swimming pool is not in use.
[2]
The type and height of fence or barrier shall be approved by the Building Inspector who, in evaluating a request for approval, shall give due consideration to the adequacy and durability of the proposed fence or barrier to ensure the safety and welfare of the general public, and particularly of small children, and to the terrain and character of the district with a view to conserving the value of buildings and land and encouraging the most appropriate use of land in the Village. In the event of any question as to adequacy, the matter shall be submitted to the Board of Appeals for determination.
(f)
Any lighting used in conjunction with such pool or sport court shall be directed away from adjoining properties.
(g)
Swimming pools shall be installed so that any planned drainage will not flow into adjoining properties.
(h)
Should the owner abandon a swimming pool, he or she shall remove the same if above ground, and he or she shall arrange to fill in the depression if below ground. The Building Inspector shall be notified of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.
(4)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(5)
Fences or garden walls (retaining and garden types) for permitted residential uses shall be limited to four feet in height in any front yard and six feet six inches in height in any rear or side yard. For all other permitted uses, such fences or walls may be erected to greater heights if approved or so required by the Planning Commission. The height of a fence or wall shall be measured above the lowest adjacent finished grade. Fences shall be erected with finished side facing the street and/or abutting properties.
[Amended 5-29-2002 by L.L. No. 6-2002; 9-25-2017 by L.L. No. 4-2017]
(6)
Off-street parking.
(7)
In connection with a lot containing a residential use but excluding any lot containing a principal or accessory nonresidential use, parking in the unimproved portion of selected public street rights-of-way, as permitted and regulated in Chapter 155, Streets and Sidewalks, Article VII, Parking Within Public Street Rights-of-Way, of the Village Code, and further subject to compliance with § 185-50 of this chapter.
(8)
Antennas, as permitted and regulated in Article VIIB of this chapter.
C.
Uses subject to special permit. The following uses are subject to the issuance of a special permit in accordance with § 185-56 of this chapter:
(1)
Annual membership clubs incorporated pursuant to the Not-for-Profit Corporation Law or the Benevolent Orders Law of the State of New York, catering exclusively to members and their guests, including uses customarily accessory to the same; and private playgrounds, swimming pools and tennis courts subject to the restrictions of Subsection B(3) herein and recreation buildings not conducted as business enterprises, provided that no building or part of a building erected under the provisions of this subsection shall be located nearer than 50 feet to any street or property line and the following shall be prohibited:
(a)
Outdoor entertainment, live or mechanical.
(b)
The use of outdoor public-address systems for any purpose, except upon issuance of a permit therefor by the Village Clerk.
(c)
Exterior lighting, other than that essential for the safety and convenience of the users of the premises.
(2)
Cemeteries, including extensions of existing cemeteries.
(3)
Except as otherwise provided by law, facilities licensed or supervised by an appropriate state or federal agency to provide residential or institutional care services to not more than 12 persons, but not including a hospital, sanitarium, assisted-living residence, nursing home, convalescent home or penal institution, which facilities, by virtue of the transiency of their residents or the on-site uninterrupted professional supervision, treatment and care that they provide, do not function as the functional and factual equivalent of a family, subject to the following requirements, in addition to § 185-56 of this chapter:
(a)
Anyone establishing any such facility at any location within the Village shall register with the Building Inspector and provide the following information:
[1]
The name of the operating agency.
[2]
The names of the resident supervisors of the proposed facility.
[3]
The street address of the proposed facility.
[4]
The maximum number of persons who will live in the proposed facility.
[5]
The governmental authorization to operate the proposed facility.
(b)
Any such facility shall be licensed by an authorized governmental agency.
(c)
No such facility shall be located closer than 2,000 feet to any similar existing facility established pursuant to this section. This distance shall be measured along a straight line connecting the two closest points of each property line. This measured distance shall apply to facilities established in the Village or in a neighboring municipality.
(d)
Spaces for the parking of passenger vehicles shall be provided in accordance with Schedule VII of § 185-36 of this chapter.
(e)
None of the provisions of this section shall be construed to restrict the establishment of congregate residential facilities for the disabled in violation of federal law.
(4)
Accessory apartments, as permitted and regulated in Article VII of this chapter.
(5)
Wireless telecommunications services facilities, as permitted and regulated in Article VIIA of this chapter.
§ 185-10 One-Family Residence R District.
A.
Permitted principal uses. A structure or building may be erected, altered, arranged, designed or used and a lot or premises may be used for any of the following purposes and for no other:
(1)
One-family detached dwelling, not to exceed one such dwelling on each lot.
(2)
Municipal parks and playgrounds, including customary recreational, refreshment and service buildings and any other governmental use of the Village of Pleasantville or of a duly organized fire district, the major portion of the territory of which is within the Village of Pleasantville.
(3)
Place of worship, together with such other building or buildings as are customarily erected in conjunction therewith, including elementary and secondary schools, residences for the clergy of such church and parish or community houses which are maintained and operated by and form an adjunct of any church or other religious organization now or hereafter located in the Village; public schools and private schools operated as nonprofit organizations within the meaning of the United States Internal Revenue Code and registered effectively as such thereunder. The uses set forth in this subsection shall be subject to the following supplementary requirements:
(a)
Notwithstanding any other provisions of this chapter to the contrary, no building shall exceed a height of 42 feet, nor shall the number of stories at any point along the periphery of such building exceed three.
(b)
Notwithstanding any other provisions of this chapter to the contrary, no part of a building having a height in excess of 30 feet shall be erected nearer than 50 feet to any street or property line.
(c)
Notwithstanding any other provisions of this chapter to the contrary, the sum of all areas covered by all principal and accessory buildings shall not exceed 25% of the area of the lot.
(d)
Courts shall conform to the requirements of § 185-15A(6)(d) of this chapter.
(e)
All parking and service areas shall have screening between the same and all adjoining and neighboring residential properties; the design of such screening shall be subject to approval by the Planning Commission.
(4)
Public utility installations and facilities which are needed to serve the Village or the immediate neighboring communities, subject to a determination by the Village Board of Trustees that no other location in a less restricted district can reasonably be used for the purpose contemplated and subject, further, to such conditions as the Planning Commission may deem to be appropriate for the protection of adjoining properties and of the character of the district. The site development plan shall be subject to approval by the Planning Commission, in accordance with the provisions of § 185-50 of this chapter.
(5)
For detailed bulk and off-street parking and loading requirements, see Schedule I and Schedule VII, respectively, of § 185-36 of this chapter.
B.
Accessory uses. Accessory uses shall be limited to the following:
(1)
Home occupations, subject to the following requirements:
(a)
Any such use shall be located entirely within the principal dwelling building.
(b)
No more than 500 square feet or 30% of gross floor area of one floor of the principal dwelling building, whichever is less, shall be used for such purposes (including permitted storage of materials).
(c)
No nonresident associates, assistants or employees shall be permitted.
(d)
If instruction is involved, it shall be limited to a single student at a time.
(e)
No display of materials visible from the street and no outdoor storage of materials shall be permitted. No storage of materials other than that which is clearly incidental to the operation of the home occupation shall be permitted.
(f)
No signs shall be displayed, except as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(g)
Except as permitted by Subsection B(1)(f) hereof, the lot and all its structures shall maintain their residential appearance from the outside of the structure.
(h)
Suitably screened adequate parking, meeting the requirements of Schedule VII of § 185-36 and § 185-38C, E and F of this chapter, shall be maintained throughout the duration of the use.
(i)
The nature and intensity of the home occupation shall not create any hazardous, detrimental or nuisance conditions or generate any objectionable noise, odors, fumes, lighting, glare, radiation, radio or television interference or other adverse impacts.
(j)
The home occupation shall not involve merchandising, trade or the exchanging of commodities by sale to persons who come to the premises or by shipment to or from the premises.
(k)
No equipment, other than light office equipment (including but not limited to typewriters, computers, fax machines, photocopiers and postage meters), medical or dental equipment, or other electrical or mechanical equipment that might typically be used in connection with a residential use, shall be permitted.
(l)
No production of materials, other than written materials, computer-generated materials, materials created by light assembly performed by hand or with electrical or mechanical equipment as permitted under Subsection B(1)(k) hereof, or materials of a type and quantity that might typically be created as part of a residential hobby, shall be permitted.
(m)
No trash generation that is in excess of that which is typical of any normal household use shall be permitted, unless disposed of by a private carter.
(n)
Any hazardous or biological wastes generated must be stored indoors, clearly labeled and properly disposed of by a private carter in accordance with all applicable laws and regulations.
(o)
No discharge of waste into sanitary sewers other than that typical of a residential use shall be permitted, unless such waste is properly treated prior to discharge in accordance with all applicable laws and regulations.
(p)
The home occupation shall comply with all applicable federal, state, county and local regulations.
(2)
Garden house, toolhouse, storage shed, children's playhouse, greenhouse, or private garage or carport for off-street parking of passenger automobiles of residents on the premises, provided that no accessory structure or use thereof, except HVAC condensing units, shall be:
[Amended 9-25-2017 by L.L. No. 4-2017]
(a)
Nearer to the front lot line than 60 feet.
(b)
Nearer to any rear or side lot line than five feet.
(c)
Higher than one story (maximum 15 feet).
(d)
Used for human habitation.
(3)
Swimming pool or sport court incidental to the residential use of the premises and not operated for gain, provided that such swimming pool or sport court shall be subject to the following requirements:
[Amended 11-22-1999 by L.L. No. 12-1999]
(a)
The minimum lot area for a swimming pool or sport court shall be 20,000 square feet.
(b)
No part of any swimming pool shall be nearer than 20 feet to any property line, nor nearer to any street line than the rear wall of the residence. In the case of a corner lot, a swimming pool shall not be any closer to the side street than the side wall of the residence.
(c)
No part of a sport court shall be nearer than 20 feet to any property line nor, except in the case of corner lots, nearer to any street line than that rear wall of the main building which is located nearest to the street. On a corner lot, a sport court may project within a distance of one of the bounding streets equal to the required front yard.
(d)
A pool or sport court shall be screened from the view of abutting properties by means of a thick hedge with a height of not less than six feet six inches or an opaque fence with a height of not more than six feet six inches.
(e)
An adequate permanent fence or barrier shall be erected and maintained to prevent accidental entry or unauthorized use of a swimming pool and particularly entry by a small child.
[1]
Such fence or barrier may be erected so as to completely enclose the swimming pool itself or that portion of the yard in which the swimming pool is situated or the entire property. Such fence or barrier shall be adequately supported and shall not be less than four feet nor more than six feet six inches in height, as determined by the Building Inspector as hereinafter provided. Such fence shall have not more than two openings for ingress or egress. Said opening shall have a self-closing gate or door with an adequate lock, which can be opened from outside the swimming pool enclosure only by means of a key or combination. The gate, door and lock shall at all times be maintained in proper working order to ensure that such gate or door shall be kept closed and locked at all times when the swimming pool is not in use.
[2]
The type and height of fence or barrier shall be approved by the Building Inspector who, in evaluating a request for approval, shall give due consideration to the adequacy and durability of the proposed fence or barrier to ensure the safety and welfare of the general public, and particularly of small children, and to the terrain and character of the district with a view to conserving the value of buildings and land and encouraging the most appropriate use of land in the Village. In the event of any question as to adequacy, the matter shall be submitted to the Board of Appeals for determination.
(f)
Any lighting used in conjunction with such pool or sport court shall be directed away from adjoining properties.
(g)
Swimming pools shall be installed so that any planned drainage will not flow into adjoining properties.
(h)
Should the owner abandon a swimming pool, he or she shall remove the same if above ground, and he or she shall arrange to fill in the depression if below ground. The Building Inspector shall be notified of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.
(4)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(5)
Fences or garden walls (retaining and garden types) for permitted residential uses shall be limited to four feet in height in any front yard and six feet six inches in height in any rear or side yard. For all other permitted uses, such fences or walls may be erected to greater heights if approved or so required by the Planning Commission. The height of a fence or wall shall be measured above the lowest adjacent finished grade. Fences shall be erected with finished side facing the street and/or abutting properties.
[Amended 5-29-2002 by L.L. No. 6-2002; 9-25-2017 by L.L. No. 4-2017]
(6)
Off-street parking.
(7)
In connection with a lot containing a residential use but excluding any lot containing a principal or accessory nonresidential use, parking in the unimproved portion of selected public street rights-of-way, as permitted and regulated in Chapter 155, Streets and Sidewalks, Article VII, Parking Within Public Street Rights-of-Way, of the Village Code, and further subject to compliance with § 185-50 of this chapter.
(8)
Antennas, as permitted and regulated in Article VIIB of this chapter.
C.
Uses subject to special permit. The following uses are subject to the issuance of a special permit in accordance with § 185-56 of this chapter:
(1)
Annual membership clubs incorporated pursuant to the Not-for-Profit Corporation Law or the Benevolent Orders Law of the State of New York, catering exclusively to members and their guests, including uses customarily accessory to the same; and private playgrounds, swimming pools and tennis courts subject to the restrictions of Subsection B(3) herein and recreation buildings not conducted as business enterprises, provided that no building or part of a building erected under the provisions of this subsection shall be located nearer than 50 feet to any street or property line and the following shall be prohibited:
(a)
Outdoor entertainment, live or mechanical.
(b)
The use of outdoor public-address systems for any purpose, except upon issuance of a permit therefor by the Village Clerk.
(c)
Exterior lighting, other than that essential for the safety and convenience of the users of the premises.
(2)
Cemeteries, including extensions of existing cemeteries.
(3)
Except as otherwise provided by law, facilities licensed or supervised by an appropriate state or federal agency to provide residential or institutional care services to not more than 12 persons, but not including a hospital, sanitarium, assisted-living residence, nursing home, convalescent home or penal institution, which facilities, by virtue of the transiency of their residents or the on-site uninterrupted professional supervision, treatment and care that they provide, do not function as the functional and factual equivalent of a family, subject to the following requirements, in addition to § 185-56 of this chapter:
(a)
Anyone establishing any such facility at any location within the Village shall register with the Building Inspector and provide the following information:
[1]
The name of the operating agency.
[2]
The names of the resident supervisors of the proposed facility.
[3]
The street address of the proposed facility.
[4]
The maximum number of persons who will live in the proposed facility.
[5]
The governmental authorization to operate the proposed facility.
(b)
Any such facility shall be licensed by an authorized governmental agency.
(c)
No such facility shall be located closer than 2,000 feet to any similar existing facility established pursuant to this section. This distance shall be measured along a straight line connecting the two closest points of each property line. This measured distance shall apply to facilities established in the Village or in a neighboring municipality.
(d)
Spaces for the parking of passenger vehicles shall be provided in accordance with Schedule VII of § 185-36 of this chapter.
(e)
None of the provisions of this section shall be construed to restrict the establishment of congregate residential facilities for the disabled in violation of federal law.
(4)
Accessory apartments, as permitted and regulated in Article VII of this chapter.
(5)
Wireless telecommunications services facilities, as permitted and regulated in Article VIIA of this chapter.
§ 185-11 One-Family Residence R-1 District.
A.
Permitted principal uses. A structure or building may be erected, altered, arranged, designed or used and a lot or premises may be used for any of the following purposes and for no other:
(1)
One-family detached dwelling, not to exceed one such dwelling on each lot.
(2)
Municipal parks and playgrounds, including customary recreational, refreshment and service buildings and any other governmental use of the Village of Pleasantville or of a duly organized fire district, the major portion of the territory of which is within the Village of Pleasantville.
(3)
Place of worship, together with such other building or buildings as are customarily erected in conjunction therewith, including elementary and secondary schools, residences for the clergy of such church and parish or community houses which are maintained and operated by and form an adjunct of any church or other religious organization now or hereafter located in the Village; public schools and private schools operated as nonprofit organizations within the meaning of the United States Internal Revenue Code and registered effectively as such thereunder. The uses set forth in this subsection shall be subject to the following supplementary requirements:
(a)
Notwithstanding any other provisions of this chapter to the contrary, no building shall exceed a height of 42 feet, nor shall the number of stories at any point along the periphery of such building exceed three.
(b)
Notwithstanding any other provisions of this chapter to the contrary, no part of a building having a height in excess of 30 feet shall be erected nearer than 50 feet to any street or property line.
(c)
Notwithstanding any other provisions of this chapter to the contrary, the sum of all areas covered by all principal and accessory buildings shall not exceed 25% of the area of the lot.
(d)
Courts shall conform to the requirements of § 185-15A(6)(d) of this chapter.
(e)
All parking and service areas shall have screening between the same and all adjoining and neighboring residential properties; the design of such screening shall be subject to approval by the Planning Commission.
(4)
Public utility installations and facilities which are needed to serve the Village or the immediate neighboring communities, subject to a determination by the Village Board of Trustees that no other location in a less restricted district can reasonably be used for the purpose contemplated and subject, further, to such conditions as the Planning Commission may deem to be appropriate for the protection of adjoining properties and of the character of the district. The site development plan shall be subject to approval by the Planning Commission, in accordance with the provisions of § 185-50 of this chapter.
(5)
For detailed bulk and off-street parking and loading requirements, see Schedule I and Schedule VII, respectively, of § 185-36 of this chapter.
B.
Accessory uses. Accessory uses shall be limited to the following:
(1)
Home occupations, subject to the following requirements:
(a)
Any such use shall be located entirely within the principal dwelling building.
(b)
No more than 500 square feet or 30% of gross floor area of one floor of the principal dwelling building, whichever is less, shall be used for such purposes (including permitted storage of materials).
(c)
No nonresident associates, assistants or employees shall be permitted.
(d)
If instruction is involved, it shall be limited to a single student at a time.
(e)
No display of materials visible from the street and no outdoor storage of materials shall be permitted. No storage of materials other than that which is clearly incidental to the operation of the home occupation shall be permitted.
(f)
No signs shall be displayed, except as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(g)
Except as permitted by Subsection B(1)(f) hereof, the lot and all its structures shall maintain their residential appearance from the outside of the structure.
(h)
Suitably screened adequate parking, meeting the requirements of Schedule VII of § 185-36 and § 185-38C, E and F of this chapter, shall be maintained throughout the duration of the use.
(i)
The nature and intensity of the home occupation shall not create any hazardous, detrimental or nuisance conditions or generate any objectionable noise, odors, fumes, lighting, glare, radiation, radio or television interference or other adverse impacts.
(j)
The home occupation shall not involve merchandising, trade or the exchanging of commodities by sale to persons who come to the premises or by shipment to or from the premises.
(k)
No equipment, other than light office equipment (including but not limited to typewriters, computers, fax machines, photocopiers and postage meters), medical or dental equipment, or other electrical or mechanical equipment that might typically be used in connection with a residential use, shall be permitted.
(l)
No production of materials, other than written materials, computer-generated materials, materials created by light assembly performed by hand or with electrical or mechanical equipment as permitted under Subsection B(1)(k) hereof, or materials of a type and quantity that might typically be created as part of a residential hobby, shall be permitted.
(m)
No trash generation that is in excess of that which is typical of any normal household use shall be permitted, unless disposed of by a private carter.
(n)
Any hazardous or biological wastes generated must be stored indoors, clearly labeled and properly disposed of by a private carter in accordance with all applicable laws and regulations.
(o)
No discharge of waste into sanitary sewers other than that typical of a residential use shall be permitted, unless such waste is properly treated prior to discharge in accordance with all applicable laws and regulations.
(p)
The home occupation shall comply with all applicable federal, state, county and local regulations.
(2)
Garden house, toolhouse, storage shed, children's playhouse, greenhouse, or private garage or carport for off-street parking of passenger automobiles of residents on the premises, provided that no accessory structure or use thereof, except HVAC condensing units, shall be:
[Amended 9-25-2017 by L.L. No. 4-2017]
(a)
Nearer to the front lot line than 60 feet.
(b)
Nearer to any rear or side lot line than five feet.
(c)
Higher than one story (maximum 15 feet).
(d)
Used for human habitation.
(3)
Swimming pool or sport court incidental to the residential use of the premises and not operated for gain, provided that such swimming pool or sport court shall be subject to the following requirements:
[Amended 11-22-1999 by L.L. No. 12-1999]
(a)
The minimum lot area for a swimming pool or sport court shall be 20,000 square feet.
(b)
No part of any swimming pool shall be nearer than 20 feet to any property line, nor nearer to any street line than the rear wall of the residence. In the case of a corner lot, a swimming pool shall not be any closer to the side street than the side wall of the residence.
(c)
No part of a sport court shall be nearer than 20 feet to any property line nor, except in the case of corner lots, nearer to any street line than that rear wall of the main building which is located nearest to the street. On a corner lot, a sport court may project within a distance of one of the bounding streets equal to the required front yard.
(d)
A pool or sport court shall be screened from the view of abutting properties by means of a thick hedge with a height of not less than six feet six inches or an opaque fence with a height of not more than six feet six inches.
(e)
An adequate permanent fence or barrier shall be erected and maintained to prevent accidental entry or unauthorized use of a swimming pool and particularly entry by a small child.
[1]
Such fence or barrier may be erected so as to completely enclose the swimming pool itself or that portion of the yard in which the swimming pool is situated or the entire property. Such fence or barrier shall be adequately supported and shall not be less than four feet nor more than six feet six inches in height, as determined by the Building Inspector as hereinafter provided. Such fence shall have not more than two openings for ingress or egress. Said opening shall have a self-closing gate or door with an adequate lock, which can be opened from outside the swimming pool enclosure only by means of a key or combination. The gate, door and lock shall at all times be maintained in proper working order to ensure that such gate or door shall be kept closed and locked at all times when the swimming pool is not in use.
[2]
The type and height of fence or barrier shall be approved by the Building Inspector who, in evaluating a request for approval, shall give due consideration to the adequacy and durability of the proposed fence or barrier to ensure the safety and welfare of the general public, and particularly of small children, and to the terrain and character of the district with a view to conserving the value of buildings and land and encouraging the most appropriate use of land in the Village. In the event of any question as to adequacy, the matter shall be submitted to the Board of Appeals for determination.
(f)
Any lighting used in conjunction with such pool or sport court shall be directed away from adjoining properties.
(g)
Swimming pools shall be installed so that any planned drainage will not flow into adjoining properties.
(h)
Should the owner abandon a swimming pool, he or she shall remove the same if above ground, and he or she shall arrange to fill in the depression if below ground. The Building Inspector shall be notified of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.
(4)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(5)
Fences or garden walls (retaining and garden types) for permitted residential uses shall be limited to four feet in height in any front yard and six feet six inches in height in any rear or side yard. For all other permitted uses, such fences or walls may be erected to greater heights if approved or so required by the Planning Commission. The height of a fence or wall shall be measured above the lowest adjacent finished grade. Fences shall be erected with finished side facing the street and/or abutting properties.
[Amended 5-29-2002 by L.L. No. 6-2002; 9-25-2017 by L.L. No. 4-2017]
(6)
Off-street parking.
(7)
In connection with a lot containing a residential use but excluding any lot containing a principal or accessory nonresidential use, parking in the unimproved portion of selected public street rights-of-way, as permitted and regulated in Chapter 155, Streets and Sidewalks, Article VII, Parking Within Public Street Rights-of-Way, of the Village Code, and further subject to compliance with § 185-50 of this chapter.
(8)
Antennas, as permitted and regulated in Article VIIB of this chapter.
C.
Uses subject to special permit. The following uses are subject to the issuance of a special permit in accordance with § 185-56 of this chapter:
(1)
Annual membership clubs incorporated pursuant to the Not-for-Profit Corporation Law or the Benevolent Orders Law of the State of New York, catering exclusively to members and their guests, including uses customarily accessory to the same; and private playgrounds, swimming pools and tennis courts subject to the restrictions of Subsection B(3) herein and recreation buildings not conducted as business enterprises, provided that no building or part of a building erected under the provisions of this subsection shall be located nearer than 50 feet to any street or property line and the following shall be prohibited:
(a)
Outdoor entertainment, live or mechanical.
(b)
The use of outdoor public-address systems for any purpose, except upon issuance of a permit therefor by the Village Clerk.
(c)
Exterior lighting, other than that essential for the safety and convenience of the users of the premises.
(2)
Cemeteries, including extensions of existing cemeteries.
(3)
Except as otherwise provided by law, facilities licensed or supervised by an appropriate state or federal agency to provide residential or institutional care services to not more than 12 persons, but not including a hospital, sanitarium, assisted-living residence, nursing home, convalescent home or penal institution, which facilities, by virtue of the transiency of their residents or the on-site uninterrupted professional supervision, treatment and care that they provide, do not function as the functional and factual equivalent of a family, subject to the following requirements, in addition to § 185-56 of this chapter:
(a)
Anyone establishing any such facility at any location within the Village shall register with the Building Inspector and provide the following information:
[1]
The name of the operating agency.
[2]
The names of the resident supervisors of the proposed facility.
[3]
The street address of the proposed facility.
[4]
The maximum number of persons who will live in the proposed facility.
[5]
The governmental authorization to operate the proposed facility.
(b)
Any such facility shall be licensed by an authorized governmental agency.
(c)
No such facility shall be located closer than 2,000 feet to any similar existing facility established pursuant to this section. This distance shall be measured along a straight line connecting the two closest points of each property line. This measured distance shall apply to facilities established in the Village or in a neighboring municipality.
(d)
Spaces for the parking of passenger vehicles shall be provided in accordance with Schedule VII of § 185-36 of this chapter.
(e)
None of the provisions of this section shall be construed to restrict the establishment of congregate residential facilities for the disabled in violation of federal law.
(4)
Accessory apartments, as permitted and regulated in Article VII of this chapter.
(5)
Wireless telecommunications services facilities, as permitted and regulated in Article VIIA of this chapter.
§ 185-12 Two-Family Residence R-2 District.
A.
Permitted principal uses. A structure or building may be erected, altered, arranged, designed or used and a lot or premises may be used for any of the following purposes and for no other:
(1)
One-family detached dwelling, not to exceed one such dwelling on each lot.
(2)
Two-family dwellings, provided that the entire lot occupied by such dwelling shall be maintained in single ownership throughout the life of the building.
(3)
Municipal parks and playgrounds, including customary recreational, refreshment and service buildings and any governmental use of the Village of Pleasantville or of a duly organized fire district, the major portion of the territory of which is within the Village of Pleasantville.
(4)
Place of worship, together with such other building or buildings as are customarily erected in conjunction therewith, including elementary and secondary schools, residences for clergy and parish or community house which are maintained and operated by and form an adjunct of any church or other religious organization; public or private schools operated as nonprofit organizations within the meaning of the United States Internal Revenue Code and registered effectively as such thereunder. The uses set forth in this subsection shall be subject to the following supplementary requirements:
(a)
Notwithstanding any other provisions of this chapter to the contrary, no building shall exceed a height of 42 feet, nor shall the number of stories at any point along the periphery of such building exceed three.
(b)
Notwithstanding any other provisions of this chapter to the contrary, no principal building shall be closer than 30 feet to any side or rear lot line.
(c)
Notwithstanding any other provisions of this chapter to the contrary, the sum of all areas covered by all principal and accessory buildings shall not exceed 40% of the area of the lot.
(d)
Courts shall conform to the requirements of § 185-15A(6)(d) of this chapter.
(e)
All parking and service area shall have screening between it and all adjoining and neighboring residential properties; the design of such screening shall be subject to approval by the Planning Commission.
(5)
Public utility installations and facilities which are needed to serve the Village or the immediate neighboring communities, subject to a determination by the Village Board of Trustees that no other location in a less restricted district can reasonably be used for the purpose contemplated and subject, further, to such conditions as the Planning Commission may deem to be appropriate for the protection of adjoining properties and of the character of the district. The site development plan shall be subject to approval by the Planning Commission, in accordance with the provisions of § 185-50 of this chapter.
(6)
For detailed bulk and off-street parking and loading requirements, see Schedule I and Schedule VII, respectively, of § 185-36 of this chapter.
B.
Accessory uses. Accessory uses shall be limited to the following:
(1)
Home occupations, subject to the following requirements:
(a)
Any such use shall be located entirely within the principal dwelling building.
(b)
No more than 500 square feet or 30% of gross floor area of one floor of the principal dwelling building, whichever is less, shall be used for such purposes (including permitted storage of materials).
(c)
No nonresident associates, assistants or employees shall be permitted.
(d)
If instruction is involved, it shall be limited to a single student at a time.
(e)
No display of materials visible from the street and no outdoor storage of materials shall be permitted. No storage of materials other than that which is clearly incidental to the operation of the home occupation shall be permitted.
(f)
No signs shall be displayed, except as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(g)
Except as permitted by Subsection B(1)(f) hereof, the lot and all its structures shall maintain their residential appearance from the outside of the structure.
(h)
Suitably screened adequate parking, meeting the requirements of Schedule VII of § 185-36 and § 185-38C, E and F of this chapter, shall be maintained throughout the duration of the use.
(i)
The nature and intensity of the home occupation shall not create any hazardous, detrimental or nuisance conditions or generate any objectionable noise, odors, fumes, lighting, glare, radiation, radio or television interference or other adverse impacts.
(j)
The home occupation shall not involve merchandising, trade or the exchanging of commodities by sale to persons who come to the premises or by shipment to or from the premises.
(k)
No equipment, other than light office equipment (including but not limited to typewriters, computers, fax machines, photocopiers and postage meters), medical or dental equipment, or other electrical or mechanical equipment that might typically be used in connection with a residential use, shall be permitted.
(l)
No production of materials, other than written materials, computer-generated materials, materials created by light assembly performed by hand or with electrical or mechanical equipment as permitted under Subsection B(1)(k) hereof, or materials of a type and quantity that might typically be created as part of a residential hobby, shall be permitted.
(m)
No trash generation that is in excess of that which is typical of any normal household use shall be permitted, unless disposed of by a private carter.
(n)
Any hazardous or biological wastes generated must be stored indoors, clearly labeled and properly disposed of by a private carter in accordance with all applicable laws and regulations.
(o)
No discharge of waste into sanitary sewers other than that typical of a residential use shall be permitted, unless such waste is properly treated prior to discharge in accordance with all applicable laws and regulations.
(p)
The home occupation shall comply with all applicable federal, state, county and local regulations.
(2)
Garden house, toolhouse, storage shed, children's playhouse, greenhouse, or private garage or carport for off-street parking of passenger automobiles of residents on the premises, provided that no accessory structure or use thereof, except HVAC condensing units, shall be:
[Amended 9-25-2017 by L.L. No. 4-2017]
(a)
Nearer to the front lot line than 60 feet.
(b)
Nearer to any rear or side lot line than five feet.
(c)
Higher than one story (maximum 15 feet).
(d)
Used for human habitation.
(3)
Swimming pool or sport court incidental to the residential use of the premises and not operated for gain, provided that such swimming pool or sport court shall be subject to the following requirements:
[Amended 11-22-1999 by L.L. No. 12-1999]
(a)
The minimum lot area for a swimming pool or sport court shall be 20,000 square feet.
(b)
No part of any swimming pool shall be nearer than 20 feet to any property line, nor nearer to any street line than the rear wall of the residence. In the case of a corner lot, a swimming pool shall not be any closer to the side street than the side wall of the residence.
(c)
No part of a sport court shall be nearer than 20 feet to any property line nor, except in the case of corner lots, nearer to any street line than that rear wall of the main building which is located nearest to the street. On a corner lot, a sport court may project within a distance of one of the bounding streets equal to the required front yard.
(d)
A pool or sport court shall be screened from the view of abutting properties by means of a thick hedge with a height of not less than six feet six inches or an opaque fence with a height of not more than six feet six inches.
(e)
An adequate permanent fence or barrier shall be erected and maintained to prevent accidental entry or unauthorized use of a swimming pool and particularly entry by a small child.
[1]
Such fence or barrier may be erected so as to completely enclose the swimming pool itself or that portion of the yard in which the swimming pool is situated or the entire property. Such fence or barrier shall be adequately supported and shall not be less than four feet nor more than six feet six inches in height, as determined by the Building Inspector as hereinafter provided. Such fence shall have not more than two openings for ingress or egress. Said opening shall have a self-closing gate or door with an adequate lock, which can be opened from outside the swimming pool enclosure only by means of a key or combination. The gate, door and lock shall at all times be maintained in proper working order to ensure that such gate or door shall be kept closed and locked at all times when the swimming pool is not in use.
[2]
The type and height of fence or barrier shall be approved by the Building Inspector who, in evaluating a request for approval, shall give due consideration to the adequacy and durability of the proposed fence or barrier to ensure the safety and welfare of the general public, and particularly of small children, and to the terrain and character of the district with a view to conserving the value of buildings and land and encouraging the most appropriate use of land in the Village. In the event of any question as to adequacy, the matter shall be submitted to the Board of Appeals for determination.
(f)
Any lighting used in conjunction with such pool or sport court shall be directed away from adjoining properties.
(g)
Swimming pools shall be installed so that any planned drainage will not flow into adjoining properties.
(h)
Should the owner abandon a swimming pool, he or she shall remove the same if above ground, and he or she shall arrange to fill in the depression if below ground. The Building Inspector shall be notified of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.
(4)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(5)
Fences or garden walls (retaining and garden types) for permitted residential uses shall be limited to four feet in height in any front yard and six feet six inches in height in any rear or side yard. For all other permitted uses, such fences or walls may be erected to greater heights if approved or so required by the Planning Commission. The height of a fence or wall shall be measured above the lowest adjacent finished grade. Fences shall be erected with finished side facing the street and/or abutting properties.
[Amended 5-29-2002 by L.L. No. 6-2002; 9-25-2017 by L.L. No. 4-2017]
(6)
Off-street parking.
(7)
In connection with a lot containing a residential use but excluding any lot containing a principal or accessory nonresidential use, parking in the unimproved portion of selected public street rights-of-way, as permitted and regulated in Chapter 155, Streets and Sidewalks, Article VII, Parking Within Public Street Rights-of-Way, of the Village Code, and further subject to compliance with § 185-50 of this chapter.
(8)
Antennas, as permitted and regulated in Article VIIB of this chapter.
C.
Uses subject to special permit. The following uses are subject to the issuance of a special permit in accordance with § 185-56 of this chapter:
(1)
Annual membership clubs incorporated pursuant to the Not-for-Profit Corporation Law or the Benevolent Orders Law of the State of New York, catering exclusively to members and their guests, including uses customarily accessory to the same; and private playgrounds, swimming pools and tennis courts subject to the restrictions of Subsection B(3) herein and recreation buildings not conducted as business enterprises, provided that no building or part of a building erected under the provisions of this subsection shall be located nearer than 50 feet to any street or property line and the following shall be prohibited:
(a)
Outdoor entertainment, live or mechanical.
(b)
The use of outdoor public-address systems for any purpose, except upon issuance of a permit therefor by the Village Clerk.
(c)
Exterior lighting, other than that essential for the safety and convenience of the users of the premises.
(2)
Cemeteries, including extensions of existing cemeteries.
(3)
Except as otherwise provided by law, facilities licensed or supervised by an appropriate state or federal agency to provide residential or institutional care services to not more than 12 persons, but not including a hospital, sanitarium, assisted-living residence, nursing home, convalescent home or penal institution, which facilities, by virtue of the transiency of their residents or the on-site uninterrupted professional supervision, treatment and care that they provide do not function as the functional and factual equivalent of a family, subject to the following requirements, in addition to § 185-56 of this chapter:
(a)
Anyone establishing any such facility at any location within the Village shall register with the Building Inspector and provide the following information:
[1]
The name of the operating agency.
[2]
The names of the resident supervisors of the proposed facility.
[3]
The street address of the proposed facility.
[4]
The maximum number of persons who will live in the proposed facility.
[5]
The governmental authorization to operate the proposed facility.
(b)
Any such facility shall be licensed by an authorized governmental agency.
(c)
No such facility shall be located closer than 2,000 feet to any similar existing facility established pursuant to this section. This distance shall be measured along a straight line connecting the two closest points of each property line. This measured distance shall apply to facilities established in the Village or in a neighboring municipality.
(d)
Spaces for the parking of passenger vehicles shall be provided in accordance with Schedule VII of § 185-36 of this chapter.
(e)
None of the provisions of this section shall be construed to restrict the establishment of congregate residential facilities for the disabled in violation of federal law.
(4)
Wireless telecommunications services facilities, as permitted and regulated in Article VIIA of this chapter.
§ 185-13 Two-Family Residence R-2A District.
A.
Permitted principal uses. A structure or building may be erected, altered, arranged, designed or used and a lot or premises may be used, for any of the following purposes and for no other:
(1)
One-family detached dwelling, not to exceed one such dwelling on each lot.
(2)
Two-family dwelling, subject to the following supplementary requirement:
[Amended 10-13-2022 by L.L. No. 8-2022]
(a)
Two-family dwellings shall face and have their entire required lot width along Bedford Road. Such requirement shall be in effect even in the case of a corner lot with two front yards.
(3)
Municipal parks and playgrounds, including customary recreational, refreshment and service buildings and any governmental use of the Village of Pleasantville or of a duly organized fire district, the major portion of the territory of which is within the Village of Pleasantville.
(4)
Place of worship, together with such other building or buildings as are customarily erected in conjunction therewith, including elementary and secondary schools, residences for clergy and parish or community house which are maintained and operated by and form an adjunct of any church or other religious organization. The uses set forth in this subsection shall be subject to the following supplementary requirements:
(a)
Notwithstanding any other provisions of this chapter to the contrary, no building shall exceed a height of 42 feet, nor shall the number of stories at any point along the periphery of such building exceed three.
(b)
Notwithstanding any other provisions of this chapter to the contrary, no principal building shall be closer than 30 feet to any side or rear lot line.
(c)
Notwithstanding any other provisions of this chapter to the contrary, the permitted building coverage shall not exceed 40%.
(d)
Courts shall conform to the requirements of § 185-15A(6)(d) of this chapter.
(e)
All parking and service areas shall have screening between them and all adjoining and neighboring properties; the design of such screening shall be subject to approval by the Planning Commission.
(5)
Public schools, provided that such use shall be subject to the same supplementary requirements as described in Subsection A(4) hereof.
(6)
Public utility installations and facilities which are needed to serve the Village or the immediate neighboring communities, subject to a determination by the Village Board of Trustees that no other location in a less restricted district can reasonably be used for the purpose contemplated and subject, further, to such conditions as the Planning Commission may deem to be appropriate for the protection of adjoining properties and of the character of the district. The site development plan shall be subject to approval by the Planning Commission, in accordance with the provisions of § 185-50 of this chapter.
(7)
For detailed bulk and off-street parking and loading requirements, see Schedule I and Schedule VII, respectively, of § 185-36 of this chapter.
B.
Accessory uses.
(1)
Home occupations, subject to the following requirements:
(a)
Any such use shall be located entirely within the principal dwelling building.
(b)
No more than 500 square feet or 30% of gross floor area of one floor of the principal dwelling building, whichever is less, shall be used for such purposes (including permitted storage of materials).
(c)
No nonresident associates, assistants or employees shall be permitted.
(d)
If instruction is involved, it shall be limited to a single student at a time.
(e)
No display of materials visible from the street and no outdoor storage of materials shall be permitted. No storage of materials other than that which is clearly incidental to the operation of the home occupation shall be permitted.
(f)
No signs shall be displayed, except as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(g)
Except as permitted by Subsection B(1)(f) hereof, the lot and all its structures shall maintain their residential appearance from the outside of the structure.
(h)
Suitably screened adequate parking, meeting the requirements of Schedule VII of § 185-36 and § 185-38C, E and F of this chapter, shall be maintained throughout the duration of the use.
(i)
The nature and intensity of the home occupation shall not create any hazardous, detrimental or nuisance conditions or generate any objectionable noise, odors, fumes, lighting, glare, radiation, radio or television interference or other adverse impacts.
(j)
The home occupation shall not involve merchandising, trade or the exchanging of commodities by sale to persons who come to the premises or by shipment to or from the premises.
(k)
No equipment, other than light office equipment (including but not limited to typewriters, computers, fax machines, photocopiers and postage meters), medical or dental equipment, or other electrical or mechanical equipment that might typically be used in connection with a residential use, shall be permitted.
(l)
No production of materials other than written materials, computer-generated materials, materials created by light assembly performed by hand or with electrical or mechanical equipment as permitted under Subsection B(1)(k) hereof, or materials of a type and quantity that might typically be created as part of a residential hobby, shall be permitted.
(m)
No trash generation that is in excess of that which is typical of any normal household use shall be permitted, unless disposed of by a private carter.
(n)
Any hazardous or biological wastes generated must be stored indoors, clearly labeled and properly disposed of by a private carter in accordance with all applicable laws and regulations.
(o)
No discharge of waste into sanitary sewers other than that typical of a residential use shall be permitted, unless such waste is properly treated prior to discharge in accordance with all applicable laws and regulations.
(p)
The home occupation shall comply with all applicable federal, state, county and local regulations.
(2)
Garden house, toolhouse, storage shed, children's playhouse, greenhouse, or private garage or carport for off-street parking of passenger automobiles of residents on the premises, provided that no accessory structure or use thereof, except HVAC condensing units, shall be:
[Amended 9-25-2017 by L.L. No. 4-2017]
(a)
Nearer to the front lot line than 60 feet.
(b)
Nearer to any rear or side lot line than five feet.
(c)
Higher than one story (maximum 15 feet).
(d)
Used for human habitation.
(3)
Swimming pool or sport court incidental to the residential use of the premises and not operated for gain, provided that such swimming pool or sport court shall be subject to the following requirements:
[Amended 11-22-1999 by L.L. No. 12-1999]
(a)
The minimum lot area for a swimming pool or sport court shall be 20,000 square feet.
(b)
No part of any swimming pool shall be nearer than 20 feet to any property line, nor nearer to any street line than the rear wall of the residence. In the case of a corner lot, a swimming pool shall not be any closer to the side street than the side wall of the residence.
(c)
No part of a sport court shall be nearer than 20 feet to any property line nor, except in the case of corner lots, nearer to any street line than that rear wall of the main building which is located nearest to the street. On a corner lot, a sport court may project within a distance of one of the bounding streets equal to the required front yard.
(d)
A pool or sport court shall be screened from the view of abutting properties by means of a thick hedge with a height of not less than six feet six inches or an opaque fence with a height of not more than six feet six inches.
(e)
An adequate permanent fence or barrier shall be erected and maintained to prevent accidental entry or unauthorized use of a swimming pool and particularly entry by a small child.
[1]
Such fence or barrier may be erected so as to completely enclose the swimming pool itself or that portion of the yard in which the swimming pool is situated or the entire property. Such fence or barrier shall be adequately supported and shall not be less than four feet nor more than six feet six inches in height, as determined by the Building Inspector as hereinafter provided. Such fence shall have not more than two openings for ingress or egress. Said opening shall have a self-closing gate or door with an adequate lock, which can be opened from outside the swimming pool enclosure only by means of a key or combination. The gate, door and lock shall at all times be maintained in proper working order to ensure that such gate or door shall be kept closed and locked at all times when the swimming pool is not in use.
[2]
The type and height of fence or barrier shall be approved by the Building Inspector who, in evaluating a request for approval, shall give due consideration to the adequacy and durability of the proposed fence or barrier to ensure the safety and welfare of the general public, and particularly of small children, and to the terrain and character of the district with a view to conserving the value of buildings and land and encouraging the most appropriate use of land in the Village. In the event of any question as to adequacy, the matter shall be submitted to the Board of Appeals for determination.
(f)
Any lighting used in conjunction with such pool or sport court shall be directed away from adjoining properties.
(g)
Swimming pools shall be installed so that any planned drainage will not flow into adjoining properties.
(h)
Should the owner abandon a swimming pool, he or she shall remove the same if above ground, and he or she shall arrange to fill in the depression if below ground. The Building Inspector shall be notified of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.
(4)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(5)
Fences or garden walls (retaining and garden types) for permitted residential uses shall be limited to four feet in height in any front yard and six feet six inches in height in any rear or side yard. For all other permitted uses, such fences or walls may be erected to greater heights if approved or so required by the Planning Commission. The height of a fence or wall shall be measured above the lowest adjacent finished grade. Fences shall be erected with finished side facing the street and/or abutting properties.
[Amended 5-29-2002 by L.L. No. 6-2002; 9-25-2017 by L.L. No. 4-2017]
(6)
Off-street parking.
(7)
Antennas, as permitted and regulated in Article VIIB of this chapter.
C.
Uses subject to special permit. The following uses are subject to the issuance of a special permit in accordance with § 185-56 of this chapter:
(1)
Annual membership clubs incorporated pursuant to the Not-for-Profit Corporation Law or the Benevolent Orders Law of the State of New York, catering exclusively to members and their guests, including uses customarily accessory to the same; and private playgrounds, swimming pools and tennis courts subject to the restrictions of Subsection B(3) herein and recreation buildings not conducted as business enterprises, provided that no building or part of a building erected under the provisions of this subsection shall be located nearer than 50 feet to any street or property line and the following shall be prohibited:
(a)
Outdoor entertainment, live or mechanical.
(b)
The use of outdoor public-address systems for any purpose, except upon issuance of a permit therefor by the Village Clerk.
(c)
Exterior lighting, other than that essential for the safety and convenience of the users of the premises.
(2)
Cemeteries, including extensions of existing cemeteries.
(3)
Except as otherwise provided by law, facilities licensed or supervised by an appropriate state or federal agency to provide residential or institutional care services to not more than 12 persons, but not including a hospital, sanitarium, assisted-living residence, nursing home, convalescent home or penal institution, which facilities, by virtue of the transiency of their residents or the on-site uninterrupted professional supervision, treatment and care that they provide do not function as the functional and factual equivalent of a family, subject to the following requirements, in addition to § 185-56 of this chapter:
(a)
Anyone establishing any such facility at any location within the Village shall register with the Building Inspector and provide the following information:
[1]
The name of the operating agency.
[2]
The names of the resident supervisors of the proposed facility.
[3]
The street address of the proposed facility.
[4]
The maximum number of persons who will live in the proposed facility.
[5]
The governmental authorization to operate the proposed facility.
(b)
Any such facility shall be licensed by an authorized governmental agency.
(c)
No such facility shall be located closer than 2,000 feet to any similar existing facility established pursuant to this section. This distance shall be measured along a straight line connecting the two closest points of each property line. This measured distance shall apply to facilities established in the Village or in a neighboring municipality.
(d)
Spaces for the parking of passenger vehicles shall be provided in accordance with Schedule VII of § 185-36 of this chapter.
(e)
None of the provisions of this section shall be construed to restrict the establishment of congregate residential facilities for the disabled in violation of federal law.
(4)
Private schools operated as nonprofit organizations within the meaning of the United States Internal Revenue Code and registered effectively as such thereunder, provided that such use shall be subject to the same supplementary requirements as described in Subsection A(4) herein.
(5)
Wireless telecommunications services facilities, as permitted and regulated in Article VIIA of this chapter.
§ 185-14 Multiple Residence R-3 District.
A.
Permitted principal uses. A structure or building may be erected, altered, arranged, designed or used and a lot or premises may be used for any of the following purposes and for no other:
(1)
One-family detached dwelling, not to exceed one such dwelling on each lot.
(2)
Two-family dwelling, provided that the entire lot occupied by such dwelling shall be maintained in a single ownership throughout the life of the building.
(3)
Three-family dwelling, provided that the entire lot occupied by such dwelling shall be maintained in a single ownership throughout the life of the building.
(4)
Attached single-family townhouses in accordance with the following regulations:
(a)
There shall be a minimum parcel of 10,000 square feet.
(b)
The minimum dimensions of a lot upon which a townhouse can be built shall be 16 feet wide and 80 feet deep.
(c)
The maximum number of townhouses per acre shall be 18.
(d)
No more than 10 townhouses may be constructed in a single structure, and no structure may exceed 160 feet in length.
(e)
A minimum side yard of 20 feet shall be required between groups of townhouses or between groups of townhouses and the nearest property line.
(f)
Front and rear yards may be varied by up to 25% upon approval of the Planning Commission in order to increase flexibility in design of the development.
(5)
Municipal parks and playgrounds, including customary recreational, refreshment and service buildings and any other governmental use of the Village of Pleasantville or of a duly organized fire district, the major portion of the territory of which is within the Village of Pleasantville.
(6)
Place of worship, together with such other building or buildings as are customarily erected in conjunction therewith, including elementary and secondary schools, residences for clergy and parish or community house which are maintained and operated by and form an adjunct of any church or other religious organization; public or private schools operated as nonprofit organization within the meaning of the United States Internal Revenue Code and registered effectively as such thereunder. The uses set forth in this subsection shall be subject to the following supplementary requirements:
(a)
Notwithstanding any other provisions of this chapter to the contrary, no building shall exceed a height of 42 feet, nor shall the number of stories at any point along the periphery of such building exceed three.
(b)
Notwithstanding any other provisions of this chapter to the contrary, no principal building shall be closer than 30 feet to any side or rear lot line.
(c)
Notwithstanding any other provisions of this chapter to the contrary, the sum of all areas covered by all principal and accessory buildings shall not exceed 40% of the area of the lot.
(d)
Courts shall conform to the requirements of § 185-15A(6)(d) of this chapter.
(e)
All parking and service areas shall have screening between the same and all adjoining and neighboring residential properties; the design of such screening shall be subject to approval by the Planning Commission.
(7)
Public utility installations and facilities which are needed to serve the Village or the immediate neighboring communities, subject to a determination by the Village Board of Trustees that no other location in a less restricted district can reasonably be used for the purpose contemplated and subject, further, to such conditions as the Planning Commission may deem to be appropriate for the protection of adjoining properties and of the character of the district. The site development plan shall be subject to approval by the Planning Commission, in accordance with the provisions of § 185-50 of this chapter.
(8)
For detailed bulk and off-street parking and loading requirements, see Schedule II and Schedule VII, respectively, of § 185-36 of this chapter.
B.
Accessory uses. Accessory uses shall be limited to the following:
(1)
Home occupations, subject to the following requirements:
(a)
Any such use shall be located entirely within the principal dwelling building.
(b)
No more than 500 square feet or 30% of gross floor area of one floor of the principal dwelling building, whichever is less, shall be used for such purposes (including permitted storage of materials).
(c)
No nonresident associates, assistants or employees shall be permitted.
(d)
If instruction is involved, it shall be limited to a single student at a time.
(e)
No display of materials visible from the street and no outdoor storage of materials shall be permitted. No storage of materials other than that which is clearly incidental to the operation of the home occupation shall be permitted.
(f)
No signs shall be displayed, except as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(g)
Except as permitted by Subsection B(1)(f) hereof, the lot and all its structures shall maintain their residential appearance from the outside of the structure.
(h)
Suitably screened adequate parking, meeting the requirements of Schedule VII of § 185-36 and § 185-38C, E and F of this chapter, shall be maintained throughout the duration of the use.
(i)
The nature and intensity of the home occupation shall not create any hazardous, detrimental or nuisance conditions or generate any objectionable noise, odors, fumes, lighting, glare, radiation, radio or television interference or other adverse impacts.
(j)
The home occupation shall not involve merchandising, trade or the exchanging of commodities by sale to persons who come to the premises or by shipment to or from the premises.
(k)
No equipment other than light office equipment (including but not limited to typewriters, computers, fax machines, photocopiers and postage meters), medical or dental equipment, or other electrical or mechanical equipment that might typically be used in connection with a residential use, shall be permitted.
(l)
No production of materials other than written materials, computer-generated materials, materials created by light assembly performed by hand or with electrical or mechanical equipment as permitted under Subsection B(1)(k) hereof, or materials of a type and quantity that might typically be created as part of a residential hobby shall be permitted.
(m)
No trash generation that is in excess of that which is typical of any normal household use shall be permitted, unless disposed of by a private carter.
(n)
Any hazardous or biological wastes generated must be stored indoors, clearly labeled and properly disposed of by a private carter in accordance with all applicable laws and regulations.
(o)
No discharge of waste into sanitary sewers other than that typical of a residential use shall be permitted, unless such waste is properly treated prior to discharge in accordance with all applicable laws and regulations.
(p)
The home occupation shall comply with all applicable federal, state, county and local regulations.
(2)
Garden house, toolhouse, storage shed, children's playhouse, greenhouse, or private garage or carport for off-street parking of passenger automobiles of residents on the premises, provided that no accessory structure or use thereof, except HVAC condensing units, shall be:
[Amended 9-25-2017 by L.L. No. 4-2017]
(a)
Nearer to the front lot line than 60 feet.
(b)
Nearer to any rear or side lot line than five feet.
(c)
Higher than one story (maximum 15 feet).
(d)
Used for human habitation.
(3)
Swimming pool or sport court incidental to the residential use of the premises and not operated for gain, provided that such swimming pool or sport court shall be subject to the following requirements:
[Amended 11-22-1999 by L.L. No. 12-1999]
(a)
The minimum lot area for a swimming pool or sport court shall be 20,000 square feet.
(b)
No part of any swimming pool shall be nearer than 20 feet to any property line, nor nearer to any street line than the rear wall of the residence. In the case of a corner lot, a swimming pool shall not be any closer to the side street than the side wall of the residence.
(c)
No part of a sport court shall be nearer than 20 feet to any property line nor, except in the case of corner lots, nearer to any street line than that rear wall of the main building which is located nearest to the street. On a corner lot, a sport court may project within a distance of one of the bounding streets equal to the required front yard.
(d)
A pool or sport court shall be screened from the view of abutting properties by means of a thick hedge with a height of not less than six feet six inches or an opaque fence with a height of not more than six feet six inches.
(e)
An adequate permanent fence or barrier shall be erected and maintained to prevent accidental entry or unauthorized use of a swimming pool and particularly entry by a small child.
[1]
Such fence or barrier may be erected so as to completely enclose the swimming pool itself or that portion of the yard in which the swimming pool is situated or the entire property. Such fence or barrier shall be adequately supported and shall not be less than four feet nor more than six feet six inches in height, as determined by the Building Inspector as hereinafter provided. Such fence shall have not more than two openings for ingress or egress. Said opening shall have a self-closing gate or door with an adequate lock, which can be opened from outside the swimming pool enclosure only by means of a key or combination. The gate, door and lock shall at all times be maintained in proper working order to ensure that such gate or door shall be kept closed and locked at all times when the swimming pool is not in use.
[2]
The type and height of fence or barrier shall be approved by the Building Inspector who, in evaluating a request for approval, shall give due consideration to the adequacy and durability of the proposed fence or barrier to ensure the safety and welfare of the general public, and particularly of small children, and to the terrain and character of the district with a view to conserving the value of buildings and land and encouraging the most appropriate use of land in the Village. In the event of any question as to adequacy, the matter shall be submitted to the Board of Appeals for determination.
(f)
Any lighting used in conjunction with such pool or sport court shall be directed away from adjoining properties.
(g)
Swimming pools shall be installed so that any planned drainage will not flow into adjoining properties.
(h)
Should the owner abandon a swimming pool, he or she shall remove the same if above ground, and he or she shall arrange to fill in the depression if below ground. The Building Inspector shall be notified of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.
(4)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(5)
Fences or garden walls (retaining and garden types) for permitted residential uses shall be limited to four feet in height in any front yard and six feet six inches in height in any rear or side yard. For all other permitted uses, such fences or walls may be erected to greater heights if approved or so required by the Planning Commission. The height of a fence or wall shall be measured above the lowest adjacent finished grade. Fences shall be erected with finished side facing the street and/or abutting properties.
[Amended 5-29-2002 by L.L. No. 6-2002; 9-25-2017 by L.L. No. 4-2017]
(6)
Off-street parking.
(7)
In connection with a lot containing a residential use but excluding any lot containing a principal or accessory nonresidential use, parking in the unimproved portion of selected public street rights-of-way, as permitted and regulated in Chapter 155, Streets and Sidewalks, Article VII, Parking Within Public Street Rights-of-Way, of the Village Code, and further subject to compliance with § 185-50 of this chapter.
(8)
Antennas, as permitted and regulated in Article VIIB of this chapter.
C.
Uses subject to special permit. The following uses are subject to the issuance of a special permit in accordance with § 185-56 of this chapter:
(1)
Annual membership clubs incorporated pursuant to the Not-for-Profit Corporation Law or the Benevolent Orders Law of the State of New York, catering exclusively to members and their guests, including uses customarily accessory to the same; and private playgrounds, swimming pools and tennis courts subject to the restrictions of Subsection B(3) herein and recreation buildings not conducted as business enterprises, provided that no building or part of a building erected under the provisions of this subsection shall be located nearer than 50 feet to any street or property line and the following shall be prohibited:
(a)
Outdoor entertainment, live or mechanical.
(b)
The use of outdoor public-address systems for any purpose, except upon issuance of a permit therefor by the Village Clerk.
(c)
Exterior lighting, other than that essential for the safety and convenience of the users of the premises.
(2)
Cemeteries, including extensions of existing cemeteries.
(3)
Except as otherwise provided by law, facilities licensed or supervised by an appropriate state or federal agency to provide residential or institutional care services to not more than 12 persons, but not including a hospital, sanitarium, assisted-living residence, nursing home, convalescent home or penal institution, which facilities, by virtue of the transiency of their residents or the on-site uninterrupted professional supervision, treatment and care that they provide do not function as the functional and factual equivalent of a family, subject to the following requirements, in addition to § 185-56 of this chapter:
(a)
Anyone establishing any such facility at any location within the Village shall register with the Building Inspector and provide the following information:
[1]
The name of the operating agency.
[2]
The names of the resident supervisors of the proposed facility.
[3]
The street address of the proposed facility.
[4]
The maximum number of persons who will live in the proposed facility.
[5]
The governmental authorization to operate the proposed facility.
(b)
Any such facility shall be licensed by an authorized governmental agency.
(c)
No such facility shall be located closer than 2,000 feet to any similar existing facility established pursuant to this section. This distance shall be measured along a straight line connecting the two closest points of each property line. This measured distance shall apply to facilities established in the Village or in a neighboring municipality.
(d)
Spaces for the parking of passenger vehicles shall be provided in accordance with Schedule VII of § 185-36 of this chapter.
(e)
None of the provisions of this section shall be construed to restrict the establishment of congregate residential facilities for the disabled in violation of federal law.
(4)
Wireless telecommunications services facilities, as permitted and regulated in Article VIIA of this chapter.
§ 185-15 Multiple Residence R-4 District.
A.
Permitted principal uses. A structure or building may be erected, altered, arranged, designed or used and a lot or premises may be used for any of the following purposes and for no other:
(1)
One-family detached dwelling, not to exceed one such dwelling on each lot.
(2)
Two-family dwelling.
(3)
Three-family dwelling.
(4)
Attached single-family townhouses in accordance with the following regulations:
(a)
There shall be a minimum parcel of 10,000 square feet.
(b)
The minimum dimensions of a lot upon which a townhouse can be built shall be 16 feet wide and 80 feet deep.
(c)
The maximum number of townhouses per acre shall be 18.
(d)
No more than 10 townhouses may be constructed in a single structure, and no structure may exceed 160 feet in length.
(e)
A minimum side yard of 20 feet shall be required between groups of townhouses or between groups of townhouses and the nearest property line.
(f)
Front and rear yards may be varied by up to 25% upon approval of the Planning Commission in order to increase flexibility in design of the development.
(5)
An office for the practice of his or her profession by a physician, surgeon or dentist who does not reside in the premises, subject to the following requirements:
(a)
Such office shall be located only on the ground floor.
(b)
There shall be not more than two employees in such office.
(c)
A separate independent exterior entrance shall be provided to such office without going through any part of the building.
(d)
For each such office there shall be at least 18 dwelling units on the same plot all under one ownership.
(e)
Additional offices for such purposes may be maintained in a multiple dwelling, provided that the ratio of such offices to dwelling units shall not exceed one to 18.
(6)
Multiple dwellings having four or more dwelling units, provided that the entire lot occupied by such dwelling shall be maintained in single ownership throughout the life of the building. In addition to all bulk and off-street parking requirements set forth in Schedule II and Schedule VII of § 185-36 of this chapter, the following requirements shall be met:
(a)
Usable open space. There shall be provided at least 400 square feet of usable open space for each dwelling unit on the lot. On any lot containing 15 or more dwelling units, such usable open space shall be devoted to improved and landscaped play and sitting areas for the use of the residents of said dwelling units. The design, layout and equipment of such play and sitting area shall be subject to approval by the Planning Commission.
(b)
Size of building. The length or depth of any building shall not exceed 160 feet.
(c)
Distance between buildings. The following minimum distances between buildings located on the same lot shall be observed:
[1]
Between a principal building and a one-story accessory building: 20 feet.
[2]
Between any two other buildings: a distance equal to the average height of such buildings at the points where such buildings are nearest one to the other.
[3]
Notwithstanding any other provisions of this chapter and except as provided hereinafter, no building on the lot shall intrude into the area enclosed by an arc of a circle with a radius of 60 feet extending 70° on each side of a line perpendicular to the center of any legal window (other than a legal bathroom or kitchen window) and the exterior radii of such arc. All measurements shall be performed in horizontal projection at the sill level of the subject window. This limitation shall not apply to any wall of the same building the plane of which intersects the plane of the wall in which the subject window is located at an angle of more than 80°. A minimum distance of 60 feet shall be maintained between the subject window and any wall parallel thereto, whether such wall is part of the same or of another building on the same lot. Refer to Appendix I of this chapter for illustration of these requirements.[1]
[1]
Editor's Note: Appendix I is included at the end of this chapter, following Schedules I through VII.
(d)
Courts.
[1]
Inner courts. An inner court is permitted if the minimum dimension of such court is equal to not less than 1/2 times the average height of all surrounding walls, in the case of nonresidential buildings, and not less than 60 feet, in the case of residential buildings. The height of a wall surrounding an inner court shall be measured from the finished grade at the base thereof to the top of such wall; except that, in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof. Refer to Appendix I of this chapter for illustration of these requirements.[2]
[2]
Editor's Note: Appendix I is included at the end of this chapter, following Schedules I through VII.
[2]
Outer courts. The minimum width of an outer court shall be 20 feet, and the depth thereof shall not exceed its width. Refer to Appendix I of this chapter for illustration of these requirements.[3]
[3]
Editor's Note: Appendix I is included at the end of this chapter, following Schedules I through VII.
(e)
Exceptions to yard requirements as established in Schedule II of § 185-36.
[1]
Except where a side or rear yard abuts a one-family residence district boundary, garages so designed as to allow the use of the roof thereof as part of the grounds may be erected in side or rear yards, not nearer than four feet to any property line, provided that the average height of any wall thereof which faces a side lot line or a rear lot line is not in excess of six feet six inches above the average level of such lot line.
[2]
The side yard provision may be eliminated or reduced by the Planning Commission along any portion of one lot line where a building erected on an adjoining lot is built to the lot line, provided that, in such event, the second side yard shall be increased by the amount the other side yard is reduced, and in no case shall a reduced side yard, if provided, be less than six feet.
(f)
Landscaping. The entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped. Where lot lines coincide with or are located within residence district boundaries, there shall be planted along such lines evergreen trees of such type and spacing as shall be approved by the Planning Commission, of an initial height of not less than five feet and adequate ultimately to screen all operations on the lot from the view of properties in the adjoining residence districts. All landscaping shall be properly maintained throughout the life of any use on any lot. At the discretion of the Planning Commission, an alternative type of buffer screening may be approved, provided that, in the judgment of the Planning Commission, it accomplishes the same purpose. Existing walls, trees or landscaping within 20 feet of any street or property line shall not be removed except with the approval of the Planning Commission, or as otherwise required in accordance with the provisions of § 185-43 of this chapter. A landscaping plan prepared by a qualified person shall be submitted as part of the site plan for review by the Planning Commission.
(g)
Ingress and egress. Not more than one point each of vehicular ingress and egress shall be provided for each 200 feet of frontage of each lot. The design and location of the intersection of each driveway with any public street, including the planting and grading of the immediately adjoining land, location of decorative posts or fences and similar elements, shall be subject to approval by the Planning Commission and, if required by law, by the County or State Department of Public Works.
(h)
For dwellings containing four or more dwelling units, there shall be provided on the same lot garage space or garage space and paved off-street parking space sufficient for the parking at one time of not less than 1 1/2 times, nor more than 2 1/2 times, as many passenger vehicles as there are dwelling units on the lot, provided that such parking facilities shall include an enclosed garage or garages, sufficient in area for the parking at one time of not less than as many passenger vehicles as there are dwelling units on the lot. Wherever space is provided for the parking of four or more vehicles in the open, except for points of ingress or egress, such spaces shall be screened by an opaque fence, wall or evergreen hedge to such height and in such places as shall be approved by the Planning Commission. No parking space, whether required or discretionary, shall be located in any front yard or within five feet of any side or rear lot line. The parking of motor vehicles within 15 feet of any wall or portion thereof of a building containing four or more dwelling units, which wall contains legal windows (other than a legal bathroom or kitchen window) with a sill height of less than eight feet above the level of said parking space, is prohibited.
(i)
Off-street loading requirements. All loading and unloading shall take place entirely on the lot not nearer than 20 feet to any street line or residence district boundary.
(j)
Site illumination. All exterior illumination shall be shielded from the view of all surrounding properties and streets, and all such lighting, other than lighting of roads and buildings essential for safety or security reasons or required by governmental regulations, shall be extinguished not later than 9:00 p.m.
(7)
Municipal parks and playgrounds, including customary recreational, refreshment and service buildings and any other governmental use of the Village of Pleasantville or of a duly organized fire district, the major portion of the territory of which is within the Village of Pleasantville.
(8)
Place of worship, together with such other building or buildings as are customarily erected in conjunction therewith, including elementary and secondary schools, residences for clergy and parish or community house which are maintained and operated by and form an adjunct of any church or religious organization; public or private schools operated as nonprofit organizations within the meaning of the United States Internal Revenue Code and registered effectively as such thereunder. The uses set forth in this subsection shall be subject to the following supplementary requirements:
(a)
Notwithstanding any other provisions of this chapter to the contrary, no building shall exceed a height of 42 feet, nor shall the number of stories at any point along the periphery of such building exceed three.
(b)
Notwithstanding any other provisions of this chapter to the contrary, no principal building shall be closer than 30 feet to any side or rear lot line.
(c)
Notwithstanding any other provisions of this chapter to the contrary, the sum of the areas covered by all principal and accessory buildings shall not exceed 40% of the area of the lot.
(d)
Courts shall conform to the requirements of § 185-15A(6)(d) of this chapter.
(e)
All parking and service areas shall have screening between it and all adjoining and neighboring residential properties; the design of such screening shall be subject to approval by the Planning Commission.
(9)
Public utility installations and facilities which are needed to serve the Village or the immediate neighboring communities, subject to a determination by the Village Board of Trustees that no other location in a less restricted district can reasonably be used for the purpose contemplated and subject, further, to such conditions as the Planning Commission may deem to be appropriate for the protection of adjoining properties and of the character of the district. The site development plan shall be subject to approval by the Planning Commission, in accordance with the provisions of § 185-50 of this chapter.
(10)
For detailed bulk and off-street parking and loading requirements, see Schedule II and Schedule VII, respectively, of § 185-36 of this chapter.
B.
Accessory uses. Accessory uses shall be limited to the following:
(1)
Home occupations, subject to the following requirements:
(a)
Any such use shall be located entirely within the principal dwelling building.
(b)
No more than 500 square feet or 30% of gross floor area of one floor of the principal dwelling building, whichever is less, shall be used for such purposes (including permitted storage of materials).
(c)
No nonresident associates, assistants or employees shall be permitted.
(d)
If instruction is involved, it shall be limited to a single student at a time.
(e)
No display of materials visible from the street and no outdoor storage of materials shall be permitted. No storage of materials other than that which is clearly incidental to the operation of the home occupation shall be permitted.
(f)
No signs shall be displayed, except as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(g)
Except as permitted by Subsection B(1)(f) hereof, the lot and all its structures shall maintain their residential appearance from the outside of the structure.
(h)
Suitably screened adequate parking, meeting the requirements of Schedule VII of § 185-36 and § 185-38C, E and F of this chapter, shall be maintained throughout the duration of the use.
(i)
The nature and intensity of the home occupation shall not create any hazardous, detrimental or nuisance conditions or generate any objectionable noise, odors, fumes, lighting, glare, radiation, radio or television interference or other adverse impacts.
(j)
The home occupation shall not involve merchandising, trade or the exchanging of commodities by sale to persons who come to the premises or by shipment to or from the premises.
(k)
No equipment, other than light office equipment (including but not limited to typewriters, computers, fax machines, photocopiers and postage meters), medical or dental equipment, or other electrical or mechanical equipment that might typically be used in connection with a residential use, shall be permitted.
(l)
No production of materials, other than written materials, computer-generated materials, materials created by light assembly performed by hand or with electrical or mechanical equipment as permitted under Subsection B(1)(k) hereof, or materials of a type and quantity that might typically be created as part of a residential hobby, shall be permitted.
(m)
No trash generation that is in excess of that which is typical of any normal household use shall be permitted, unless disposed of by a private carter.
(n)
Any hazardous or biological wastes generated must be stored indoors, clearly labeled and properly disposed of by a private carter in accordance with all applicable laws and regulations.
(o)
No discharge of waste into sanitary sewers other than that typical of a residential use shall be permitted, unless such waste is properly treated prior to discharge in accordance with all applicable laws and regulations.
(p)
The home occupation shall comply with all applicable federal, state, county and local regulations.
(2)
Garden house, toolhouse, storage shed, children's playhouse, greenhouse, or private garage or carport for off-street parking of passenger automobiles of residents on the premises, provided that no accessory structure or use thereof, except HVAC condensing units, shall be:
[Amended 9-25-2017 by L.L. No. 4-2017]
(a)
Nearer to the front lot line than 60 feet.
(b)
Nearer to any rear or side lot line than five feet.
(c)
Higher than one story (maximum 15 feet).
(d)
Used for human habitation.
(3)
Swimming pool or sport court incidental to the residential use of the premises and not operated for gain, provided that such swimming pool or sport court shall be subject to the following requirements:
[Amended 11-22-1999 by L.L. No. 12-1999]
(a)
The minimum lot area for a swimming pool or sport court shall be 20,000 square feet.
(b)
No part of any swimming pool shall be nearer than 20 feet to any property line, nor nearer to any street line than the rear wall of the residence. In the case of a corner lot, a swimming pool shall not be any closer to the side street than the side wall of the residence.
(c)
No part of a sport court shall be nearer than 20 feet to any property line nor, except in the case of corner lots, nearer to any street line than that rear wall of the main building which is located nearest to the street. On a corner lot, a sport court may project within a distance of one of the bounding streets equal to the required front yard.
(d)
A pool or sport court shall be screened from the view of abutting properties by means of a thick hedge with a height of not less than six feet six inches or an opaque fence with a height of not more than six feet six inches.
(e)
An adequate permanent fence or barrier shall be erected and maintained to prevent accidental entry or unauthorized use of a swimming pool and particularly entry by a small child.
[1]
Such fence or barrier may be erected so as to completely enclose the swimming pool itself or that portion of the yard in which the swimming pool is situated or the entire property. Such fence or barrier shall be adequately supported and shall not be less than four feet nor more than six feet six inches in height, as determined by the Building Inspector as hereinafter provided. Such fence shall have not more than two openings for ingress or egress. Said opening shall have a self-closing gate or door with an adequate lock, which can be opened from outside the swimming pool enclosure only by means of a key or combination. The gate, door and lock shall at all times be maintained in proper working order to ensure that such gate or door shall be kept closed and locked at all times when the swimming pool is not in use.
[2]
The type and height of fence or barrier shall be approved by the Building Inspector who, in evaluating a request for approval, shall give due consideration to the adequacy and durability of the proposed fence or barrier to ensure the safety and welfare of the general public, and particularly of small children, and to the terrain and character of the district with a view to conserving the value of buildings and land and encouraging the most appropriate use of land in the Village. In the event of any question as to adequacy, the matter shall be submitted to the Board of Appeals for determination.
(f)
Any lighting used in conjunction with such pool or sport court shall be directed away from adjoining properties.
(g)
Swimming pools shall be installed so that any planned drainage will not flow into adjoining properties.
(h)
Should the owner abandon a swimming pool, he or she shall remove the same if above ground, and he or she shall arrange to fill in the depression if below ground. The Building Inspector shall be notified of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.
(4)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(5)
Fences or garden walls (retaining and garden types) for permitted residential uses shall be limited to four feet in height in any front yard and six feet six inches in height in any rear or side yard. For all other permitted uses, such fences or walls may be erected to greater heights if approved or so required by the Planning Commission. The height of a fence or wall shall be measured above the lowest adjacent finished grade. Fences shall be erected with finished side facing the street and/or abutting properties.
[Amended 5-29-2002 by L.L. No. 6-2002; 9-25-2017 by L.L. No. 4-2017]
(6)
Off-street parking.
(7)
In connection with a lot containing a residential use but excluding any lot containing a principal or accessory nonresidential use, parking in the unimproved portion of selected public street rights-of-way, as permitted and regulated in Chapter 155, Streets and Sidewalks, Article VII, Parking Within Public Street Rights-of-Way, of the Village Code, and further subject to compliance with § 185-50 of this chapter.
(8)
Antennas, as permitted and regulated in Article VIIB of this chapter.
C.
Uses subject to special permit. The following uses are subject to the issuance of a special permit in accordance with § 185-56 of this chapter:
(1)
Annual membership clubs incorporated pursuant to the Not-for-Profit Corporation Law or the Benevolent Orders Law of the State of New York, catering exclusively to members and their guests, including uses customarily accessory to the same; and private playgrounds, swimming pools and tennis courts subject to the restrictions of Subsection B(3) herein and recreation buildings not conducted as business enterprises, provided that no building or part of a building erected under the provisions of this subsection shall be located nearer than 50 feet to any street or property line and the following shall be prohibited:
(a)
Outdoor entertainment, live or mechanical.
(b)
The use of outdoor public-address systems for any purpose, except upon issuance of a permit therefor by the Village Clerk.
(c)
Exterior lighting, other than that essential for the safety and convenience of the users of the premises.
(2)
Cemeteries, including extensions of existing cemeteries.
(3)
Except as otherwise provided by law, facilities licensed or supervised by an appropriate state or federal agency to provide residential or institutional care services to not more than 12 persons, but not including a hospital, sanitarium, assisted-living residence, nursing home, convalescent home or penal institution, which facilities, by virtue of the transiency of their residents or the on-site uninterrupted professional supervision, treatment and care that they provide do not function as the functional and factual equivalent of a family, subject to the following requirements, in addition to § 185-56 of this chapter:
(a)
Anyone establishing any such facility at any location within the Village shall register with the Building Inspector and provide the following information:
[1]
The name of the operating agency.
[2]
The names of the resident supervisors of the proposed facility.
[3]
The street address of the proposed facility.
[4]
The maximum number of persons who will live in the proposed facility.
[5]
The governmental authorization to operate the proposed facility.
(b)
Any such facility shall be licensed by an authorized governmental agency.
(c)
No such facility shall be located closer than 2,000 feet to any similar existing facility established pursuant to this section. This distance shall be measured along a straight line connecting the two closest points of each property line. This measured distance shall apply to facilities established in the Village or in a neighboring municipality.
(d)
Spaces for the parking of passenger vehicles shall be provided in accordance with Schedule VII of § 185-36 of this chapter.
(e)
None of the provisions of this section shall be construed to restrict the establishment of congregate residential facilities for the disabled in violation of federal law.
(4)
Wireless telecommunications services facilities, as permitted and regulated in Article VIIA of this chapter.