Port Washington North
City Zoning Code
City Zoning Code
ARTICLE XII
General Provisions
§ 176-120 Preexisting nonconforming uses; reconstruction of buildings.
Any nonconforming use existing at the effective date of this chapter may be continued, and any existing building designed, arranged, intended for or devoted to a nonconforming use may be reconstructed as structurally altered, subject to the following regulations:
A.
The cost of structural alterations made in such building shall in no case exceed 50% of its structural value nor shall the building be enlarged unless the use therein is changed to a conforming use.
B.
No nonconforming use shall be extended at the expense of a conforming use.
C.
No nonconforming use, if once changed to a use permitted in the district in which it is located, shall ever be changed back to a nonconforming use.
D.
No nonconforming use, which shall have been discontinued for a period exceeding 12 months, shall be resumed nor shall it be replaced by any other nonconforming use.
§ 176-121 Prohibited uses.
No trade, industry or purpose shall be permitted which, in the judgment of the Board of Appeals, as provided in Article XIII, § 176-147J, is likely to be so conducted as to create corrosive or toxic fumes, gas, smoke or odors, obnoxious dust, vapor or wastes or offensive noise or vibration so as to be detrimental to the public health, safety or general welfare.
§ 176-122 Corner lots.
On any corner lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub, or other growth shall be maintained, which may cause danger to traffic on a street by obscuring the view.
§ 176-123 Irregular lots.
In the case of a narrow corner lot or of any shallow, irregular or steeply sloping lot, existing as such at the effective date of this chapter, where conformity with the provisions of this article would in the judgment of the Board of Appeals make it difficult to erect a practicable building, the Board, as provided in Article XIII, § 176-147A and B may allow such building or structure to project nearer to any street or lot line than is herein prescribed, provided that it can be done in a way to safeguard the neighborhood and provided that compensating area shall be added to one or the other required open spaces and provided that in no case, in a residence or Apartment District, shall any part of any structure be within less than five feet of any street or lot line.
§ 176-124 Accessory buildings and other structures.
[Amended 12-14-1998 by L.L. No. 7-1998]
A.
General.
(1)
All accessory buildings and other structures shall be no higher than eight feet in height, plus one additional foot in height for each foot they are distant from the nearest property line, but in no event may they exceed 25 feet in height.
(2)
All accessory buildings and other structures shall be at least three feet from all lot lines.
(3)
With the exception of lighting fixtures, lawn sculptures, plant trellises, and mailboxes, which do not exceed six feet in height, all accessory buildings and other aboveground structures shall be at least 10 feet more distant from the street line than the rear wall of the main building.
B.
Exceptions.
(1)
This section shall not apply to fences, swimming pools and parabolic antennas, which are provided for elsewhere in this chapter.
(2)
This section is subject to such preemption which may exist in whole or in part by the Federal Communications Commission or other federal or state agencies.
(3)
A private garage may be built across a common lot line by mutual agreement between adjoining property owners.
(4)
In all zones other than residential zones (Residence A-1, Residence B Districts, Residence C Districts, and Apartments Districts) there shall be no use, building or structure, as the case may be, that is incidental or subordinate, including but not limited to parking areas that are permitted to be on a separate or different lot than the principal use, building or structure. All principal uses, building and structures shall be on the same lot as the incidental use, building or structure.
[Added 6-27-2012 by L.L. No. 3-2012]
(5)
Any nonconforming use, building or structure that currently exists at the effective date of this chapter may be continued.
[Added 6-27-2012 by L.L. No. 3-2012]
§ 176-124.1 Aboveground exterior oil tanks prohibited.
[Added 12-8-2003 by L.L. No. 10-2003]
A.
Prohibition. No aboveground exterior heating, cooking, or motor fuel (gasoline, diesel, kerosene, or similar fuel) oil, or other liquid petroleum, liquid propane, or other liquid fuel tanks or containers shall be permitted within the Village.
B.
Exemptions. The foregoing prohibition shall not preclude the aboveground use of portable liquid propane in safe and secure tanks of 25 pounds or less, as typically used for home barbeque grills.
§ 176-124.2 Temporary structures.
[Added 2-5-2013 by L.L. No. 1-2013]
A. TEMPORARY STRUCTURES
Definitions. As used in this section, the following terms shall have the meanings indicated:
A structure including a building which may or may not meet the zoning requirements for the zoning district within which it is located, which will be placed or erected for a short period of time, and then be removed.
B.
Permit required. No temporary structure shall be placed or erected without first obtaining a permit from the Building Inspector of the Village of Port Washington North.
C.
Standards for issuance of permits. The Building Inspector may issue permits for temporary structures on residential or nonresidential properties, as provided in this article, subject to such terms and conditions as the Building Inspector may deem necessary to safeguard adjoining properties and the health, safety and general welfare of the community. In the consideration and determination of applications for temporary structures, the Building Inspector shall consider the following standards as applied to the specific application, as well as any other criteria which the Building Inspector may deem relevant to the safety and well-being of the adjoining property owners and the community and which are relevant to the specific application.
(1)
The uses permitted in the district in which the property is located, although not restricted to such uses.
(2)
Whether the proposed temporary structure is of such character, size, location, design and site layout as to be appropriate to and in harmony with the surrounding properties for the limited time during which it shall be erected.
(3)
Whether the proposed temporary structure will provide a desirable service, facility or convenience to the applicant without significantly burdening the adjoining property owner or community.
(4)
Whether the goals of the application can reasonably be accomplished in a less intrusive manner to the adjoining property owner or community.
(5)
Whether the proposed temporary structure will be hazardous, conflicting or incongruous to the immediate neighborhood or adjoining property owner by reason of excessive traffic, assembly of persons or vehicles, proximity to travel, or other factors as determined by the Building Inspector.
(6)
Whether the proposed temporary structure will be of such a nature as to be objectionable to nearby residents by reason of noise, lights, vibration, litter or other factors of aesthetics or impact.
(7)
All temporary structures shall be a minimum of three feet from any sidewalk or Village right-of-way.
(8)
All temporary structures shall be on a paved surface unless otherwise determined by the Building Inspector that the applicant has exhausted all other alternatives and a paved surface is not possible for the particular applicant.
D.
Filing fees. The filing fees on the applications to the Village of Port Washington North shall be pursuant to the fee schedule and as prescribed from time to time by the Board of Trustees.
E.
Expiration of permits; extensions of time.
(1)
All permits for temporary structures shall automatically expire 90 days from the date of the permit.
(2)
An applicant may apply for a thirty-day extension of time to maintain a temporary structure for a renewal fee of $50. All extensions of time are in the discretion of the Building Inspector. Extensions of time may be extended more than once, but at no time to be extended more than three times.
F.
Enforcement. The provisions herein described shall be enforceable by the Village of Port Washington North, and failure of the Village to enforce any and all said regulations or provisions shall in no event be deemed a waiver of the right to do so.
§ 176-125 Accessory buildings on corner lots.
On corner lots accessory buildings shall be located as far as possible from all street lines while conforming to the requirements of the last above section.
§ 176-126 Projection into yards.
[Amended 11-3-1975 by L.L. No. 7-1975]
No building or part of a building shall be erected in or project into a required rear yard, front yard or side yard with the following exceptions:
A.
Cornices, eaves, gutters or chimneys projecting not more than 18 inches.
B.
One-story bay windows projecting not more than three feet into any front, side or rear yard and not to exceed six feet in length and the seat and/or sill of said window shall be the entire width of the projection and shall not be less than two feet above the floor of the room that it is attached to. No foundation wall or structure shall be erected under any part of such bay window projecting into any required side yard.
C.
Steps may project into a rear or front yard not more than five feet and into a side yard not more than two feet.
D.
Commercial awnings and canopies when covering an egress door projecting not more than four feet into any front, side or rear yard.
[Added 2-8-2022 by L.L. No. 2-2022]
§ 176-127 Courts.
Courts shall be governed by the following restrictions:
A.
The width of an inner court shall not be less than eight feet, but in no event shall it be less than four inches for each foot of the building height. For an inner court not on the lot line, the least dimension shall not be less than 16 feet.
B.
The width of an outer court shall not be less than eight feet, but in no event shall it be less than four inches for each foot of building height. If the depth of an outer court shall exceed four times its width, the width shall be increased one foot for each four feet of depth.
C.
The same restrictions as in the foregoing subsections shall apply to courts in business and industrial districts but only as to floors used for residential purposes.
§ 176-128 Setbacks.
A.
No regulation or requirement hereof shall be deemed to require the setback of any building beyond the average setback line observed by the buildings existing at the effective date of this chapter on the same side of the street within the block, provided there be two or more buildings on such block.
B.
The average setback line observed by buildings on the same side of the street within 200 feet on each side of the lot in question shall control in lieu of the average setback line within the block where the block affected has a length of more than 1,000 feet between its intersecting streets.
C.
No building which is used for any of the uses specified below shall be located in whole or in part within 50 feet of Shore Road and/or 30 feet of Soundview Drive:
[Added 7-12-2004 by L.L. No. 6-2004; amended 1-22-2007 by L.L. No. 1-2007; 2-8-2022 by L.L. No. 2-2022]
D.
Limitation on delivery vehicles within 550 feet of Shore Road and/or 30 feet of Soundview Drive:
[Added 1-22-2007 by L.L. No. 1-2007; 2-8-2022 by L.L. No. 2-2022]
(1)
Except as provided in Subsection D(2), no business entity shall have more than one delivery vehicle in use at any one time.
(2)
Notwithstanding anything to the contrary in Subsection D(1), a business entity may have not more than two delivery vehicles in use at any one time upon the following conditions:
(a)
The parking lot wherein the delivery vehicles are parked shall have not less than two legal curb cuts to public roads.
(b)
No vehicular egress shall be permitted from the parking lot to Shore Road except by a legal curb cut with a traffic light controlling egressing traffic from that curb cut.
(c)
All curb cuts from Shore Road to the parking lot that are not controlled by a traffic light for egressing traffic from the parking lot shall be marked "entrance only" with such signs and pavement markings as are approved by the Village Building Inspector.
(3)
No delivery vehicle shall be parked, stopped, or standing, within the area, even while such vehicle is actually being loaded or unloaded with food or other goods, if such vehicle has any signs, logos, business name, telephone number, address, or other commercial information or designation, unless, at the location where it is so parked, stopped, or standing, while it is actually being loaded or unloaded, it is totally screened from all public streets by fencing or a live screen in a manner approved by the Village Building Inspector.
(4)
All delivery vehicles leaving the area shall only do so by exits controlled by a traffic control signal of not less than three phases (red, yellow, green), when such exits are provided for the particular lot from which the vehicle is exiting.
E.
For the purposes of this section, the subject 50 foot and 30 foot measurements shall be from the closest point of the property line adjacent to the subject road to the closest point of the closest exterior wall of the building.
[Added 1-22-2007 by L.L. No. 1-2007; 2-8-2022 by L.L. No. 2-2022]
§ 176-129 Extension of districts back from streets on which they front.
Unless otherwise indicated on the Building Zone Map.
A.
Apartment Districts extend 200 feet back from the street or streets on which they front.
B.
Business Districts extend 100 feet back from the street or streets on which they front. Where a rear lot line is more than 100 feet distant from the street line, they may extend back such additional distance over 100 feet but not over 150 feet from the street line. On side streets intersecting Business Districts, Business Districts extend 200 feet back from the street line on which the Business District fronts.
C.
Industrial Districts extend 200 feet back from the street or streets on which they front, but not beyond the limits of a Business District or district of other classification fronting on an adjacent parallel street, or not beyond the line of the adjacent parallel street where the frontage on the opposite side of the latter has another classification.
§ 176-130 Determination of front yard depth.
The depth of all front yards will be reckoned from existing street lines, but where a street has been widened or is proposed to be widened and this new width has been duly authorized and recorded on a duly filed map, the depth of front yards shall be reckoned from the new street lines.
§ 176-131 Building setback on business streets.
Where business streets are less than 50 feet in width, buildings shall be set not nearer the street line than 25 feet from the center line of the street.
§ 176-132 Effect of regulations on buildings under construction.
Nothing herein contained shall require any change in the plans, construction or designated use of a building under construction, provided that at the effective date of this chapter the construction shall have proceeded to the completion of the foundations and the setting of the first floor beams, and provided further that the work thereon shall be diligently prosecuted to completion within one year from the effective date of this chapter. The Board of Appeals may, in its discretion, due to the size or nature of the building, or any special circumstances which in its judgment are sufficient, extend the date of completion beyond the one year above fixed.
§ 176-133 Reduction of yard areas prohibited.
In no event shall the building area in any district be exceeded by reason of the reduction of yard area required leaving a greater percentage of lot area, nor shall the yard area in any district be decreased by reason of the permitted building area.
§ 176-134 Elevator service in multifamily residences.
No building which is arranged, intended or designed to be used for multifamily residential purposes shall be erected to a height in excess of four stories unless it provides for the maintenance of adequate elevator service.
§ 176-135 Building permit required; application requirements; revocation of permit.
No building shall be erected until the Village Clerk or Superintendent of Buildings shall issue a permit certifying that the proposed building and use comply in every respect with this chapter, and all applications for such permits shall be in writing and accompanied by a plot plan in duplicate drawn to a scale showing the actual dimensions of the lot to be built upon, the size of the building to be erected, the location of the building upon the lot, the dimensions of all open spaces, the setback lines observed by buildings within the block and proof, by certificate from an insurance company licensed to do business in the State of New York, that the contractor or person or persons performing the work carries liability insurance in limits commonly referred to as $250/500,000 for bodily injuries and $50,000 for property damage, and such other information as may be necessary to provide for the enforcement of this chapter. Such certificate shall provide that no revocation of said insurance shall be effective except upon 10 days notice to the Village Clerk. The requirement of a certificate of insurance shall be waived in connection with any application for construction whose actual cost is $999 or less. Such permit shall be issued for a period of six months from the date thereof. In the event, however, of a change in the provisions of this chapter or in the map accompanying the same, during such period of six months, which change or changes would prevent the issuance of such permit if then applied for and if the Superintendent of Buildings or Village Clerk shall determine that work has not begun under such permit, he shall revoke said permit and immediately send notice of revocation thereof to the holder thereof at the address given in the application therefor. The Superintendent of Buildings or Village Clerk is also authorized at any time during the life of such permit to revoke the same if it shall satisfactorily appear to him that any material statement in or portion of the application therefor is untrue or inaccurate. Within 10 days prior to the expiration of such permit and upon showing of sufficient cause therefor, and in the event that no changes in this chapter or in the map accompanying the same have been made to prevent, the Superintendent of Buildings or Village Clerk may extend the permit for a further period of six months but such extended permit shall be liable to all the provisions of this section as if the same were an original issuance thereof. A copy of this section shall be printed upon each permit or extended permit issued by the Superintendent of Buildings or Village Clerk.
§ 176-136 Sewage disposal facilities required.
[Amended 10-7-1974 by L.L. No. 1-1974]
No apartment shall be permitted in any district or classification herein described, not provided with suitable or efficient municipal sewage disposal facilities, unless an independent sewage disposal plant having the approval of the Superintendent of Buildings or Village Clerk is constructed for the sanitary disposal of the sewage of such buildings.[1]
[1]
Editor's Note: Original Section 17(a), which immediately followed this section, was repealed 10-7-1974.
§ 176-137 Garages; motor vehicle storage in conjunction with apartment houses.
Storage places for motor vehicles will be permitted on the same lot with apartment houses at the rate of one car for each family, for families who are permanent residents in such buildings, subject to the provisions of Article VI, 176-40C, but no facilities for other than minor repairs will be permitted therein.
§ 176-138 Public garages and gasoline service stations.
Public garage or gasoline service station shall be permitted in a Business, Industrial A or Economic Development A District when approved by the Board of Trustees of the Village as a special exception, upon proper application therefor and after public hearing on public notice and upon such terms and conditions as said Board may deem reasonable to protect surrounding properties, promote proper traffic patterns, and the health, safety and general welfare of the community. In no event, however, shall a building or lot be used or occupied as a public garage or gasoline service station If the same is within 200 feet of a lot used for a public school or private school approved by the Board of Regents, public library, church, hospital or a one- or two-family residence.[1]
[1]
Editor's Note: Original Sections 20 and 21, which immediately followed this section, were repealed 2-17-1969.
§ 176-139 Nullification and voidance of variances and permits.
Every variance, conditional, special exception or other use permit granted by the Board of Appeals, Planning Board or the Board of Trustees pursuant to the provisions of a Village ordinance or the Village Law shall become null, void and of no further force or effect one year after the decision granting said variance or use permit is filed in the office of the Clerk of the Village, unless, within said period of one year. the applicant or his successor in interest:
§ 176-140 Fencing.
[Added 10-7-1974 by L.L. No. 1-1974]
A.
General.
(1)
Unless specifically noted otherwise in the Village ordinances all fencing shall conform to the requirements of this chapter.
(2)
Fences shall be constructed with the finished side facing adjoining property. No supports, posts or bracing shall be placed on the same side of the fence which faces adjoining property.
(3)
Fences, including the footings, shall be capable of sustaining a ten-pound-per-square-foot wind load.
(4)
No fence shall project beyond the property line.
(5)
Application for permit.
(a)
A plan of the property indicating the major structures and the proposed location and extent of the fence shall be submitted to the Village Building Inspector in duplicate for approval prior to construction.
(6)
Chain link fabric, if used, shall be black, brown, gray, or green plastic coated. No insert strips shall be permitted, except in Business Districts, as set forth below. The black, brown, gray, or green coating shall be plasticized polyvinyl chloride (PVC) with low temperature (-20º F.) plasticizer and no fillers, extenders or extraneous matter other than the necessary stabilizers and pigments. The color shall be stabilized and have light fastness sufficient to meet 4,000 hours under ASTM-D1499 E42 Type B. The vinyl clad wire shall withstand an accelerated aging test of 2,000 hours at 145º F. without cracking or peeling. The vinyl clad wire shall be self-extinguishing.
[Amended 11-13-1980 by L.L. No. 6-1980; 11-14-1985 by L.L. No. 6-1985; 5-17-1999 by L.L. No. 3-1999]
(a)
The vinyl properties shall conform to the following:
Specific gravity | 1.30 maximum | ASTM D792 | |
Hardness durometer | A 90 ± 5 | ASTM D676 | |
Tensile strength | 2700 psi ± 5% | ASTM D412 | |
Ultimate elongation | 275% ± 5% | ASTM D412 | |
Dielectric strength | 750 Volt/mil | ASTM D149 |
(b)
The vinyl wall thickness shall conform to the following:
Wire Gauge | Vinyl Wall Thickness (inches) | |
6 | .022 | |
9 | .020 | |
11 | .015 |
(7)
Any existing fence requiring, in the opinion of the Building Inspector, repairs exceeding 50% of the value of the fence shall be completely revised to conform to this chapter.
(8)
No barbed wire, concertina wire or similar or other pointed or sharp edged wire, which could cause injury to someone who holds it, is permitted.
[Added 5-17-1999 by L.L. No. 3-1999]
B.
Location limitations.
(1)
On interior lots, no fencing shall be permitted in the front yard, except on Mill Pond Road, Avenue C, Valley Road, Shore Road and Harbor Road.
[Amended 7-27-2009 by L.L. No. 3-2009]
(2)
On corner lots, the following regulations shall apply:
(a)
Fencing for a front yard contiguous with public property shall be limited to fences having a minimum of 50% free area when projected as a front elevation. Such fencing shall be constructed of cedar, cypress or polyvinyl synthetic materials. Metal fences of all kinds are prohibited (inclusive of chain link). Such fencing shall simulate in external appearance painted white or unpainted cedar or cypress or similar woods.
[Amended 7-27-2009 by L.L. No. 3-2009]
(b)
Fencing for any yard contiguous with public property shall conform to the requirements for the front yard.
[Amended 11-8-1993 by L.L. No. 6-1993]
(c)
Fencing for the side yard contiguous with private property shall not project forward of the immediately adjacent front face of the major structure on the property.
(d)
Fencing contiguous with public property shall be set back a minimum of two feet from a public sidewalk, and in no event shall the fence be located outside the property line.
[Amended 11-8-1993 by L.L. No. 6-1993]
(e)
Fencing for a rear yard may project into the adjacent front yard, enclosing the rear yard, but shall not project forward of the rear face of the major structure on the property. The portion of fence enclosing the rear yard shall not exceed five feet in height. This section shall include corner parcels.
[Added 7-27-2009 by L.L. No. 3-2009]
(3)
Notwithstanding any of the provisions in Subsection (1) or (2) hereof to the contrary, in a Business District, a chain link fence with black, brown, gray, or green inserts shall be permitted so long as the fence meets all of the other requirements of this section and is not in the front yard. Such inserts shall be aluminum, PVT, perma hedge, or an equivalent thereto as may be approved by the Village Building Inspector.
[Added 5-17-1999 by L.L. No. 3-1999]
C.
Maximum height limitations.
[Amended 11-8-1993 by L.L. No. 6-1993; 6-13-1994 by L.L. No. 1-1994]
(1)
The height of a fence shall be measured to the highest point of the fence from the existing grade directly below that point. Fence support posts may exceed the maximum height by not more than four inches so long as said posts are not greater in size than five inches by five inches and other terminal posts (at corners, ends and gates) do not exceed one every four feet.
[Amended 7-27-2009 by L.L. No. 3-2009
(2)
In all zoning districts, front yard fences, when permitted by this § 176-140, shall not exceed three feet in height.
(3)
In residential zones, no fence shall exceed five feet in height, except in a rear yard.
(4)
In residential zones, no fence shall exceed six feet in height in a rear yard. However, any such fence which exceeds five feet in height shall be constructed of either painted white or unpainted cedar or cypress or similar woods, or polyvinyl chloride or other synthetic materials of durable, weather resistant character and construction, which are reasonably acceptable to the Village Building Official, provided that such polyvinyl chloride or other synthetic materials simulate in external appearance painted white or unpainted cedar or cypress or similar woods. For example and further clarity, but without limiting the foregoing, aluminum, and steel material, such as chain link, and synthetic materials not satisfying the foregoing criteria are not permitted.
[Amended 5-14-2001 by L.L. No. 3-2001]
(5)
In nonresidential zones, except as provided in Subsection (6) hereof, no fence shall exceed seven feet in height.
(6)
In Business Districts, at retail shopping centers comprising 11 contiguous acres or more, wood fences exceeding seven feet in height but not exceeding 10 feet in height, may be erected with the permission of the Board of Trustees, subject to the following conditions and considerations:
(a)
Such fences may only be erected in the rear and side yards. For the purpose of determining rear and side yards, satellite buildings with building areas of less than 20,000 square feet shall not be taken into consideration. The front yard shall be established for the shopping center as a whole and not on a building by building basis.
(b)
Appropriate site lines for vehicular and pedestrian traffic shall be provided by curb cuts and at corners.
(c)
An application under this subsection shall be filed with the Village Clerk. Such application must be in writing and submitted in triplicate verified by the applicant or applicants which shall contain the following:
(d)
The Board of Trustees, in considering such application, may issue a permit for a wood fence not exceeding 10 feet in height, permanently or for a limited period of time, subject to such conditions and safeguards as shall be deemed appropriate, including the requirement for appropriate landscaping or other aesthetic devices to soften the visual effect of the fence when, in its opinion, it shall find that the public health, morals, safety and general welfare of the Village will be secured and the nature and character of the existing neighborhood and the value of the property therein will be protected and secured by such fence.
D.
Fence supports.
(1)
Posts.
[Amended 6-2-1986 by L.L. No. 9-1986]
(a)
All fences greater than five feet in height and fences enclosing water pools shall be supported by galvanized steel posts, having the following minimum dimensions:
Line posts | 2 inches O.D. | |
Terminal posts | 2 1/2 inches O.D. | |
(at corners, ends and gates) |
(b)
Fence posts shall be set in concrete footings to a minimum depth of 30 inches below grade. Wooden fence sections shall be lag bolted or through bolted to the posts using galvanized steel brackets. Nails will not be acceptable. The brackets shall be a minimum of two feet long, two inches wide and 1/8 inch thick. All posts shall be capped. The posts and caps shall not extend above the wooden fence sections.
(c)
All galvanized steel posts, if used, shall be black, brown, gray, or green plastic coated. The black, brown, gray, or green coating shall be plasticized polyvinyl chloride (PVC) meeting all of the standards for PVC applicable to chain link fences set forth § 176-140A(6).
[Amended 5-17-1999 by L.L. No. 3-1999]
(2)
Rails. All wooden fences greater than five feet in height and fences enclosing water pools shall be supported on a minimum of two horizontal support rails fabricated of galvanized steel pipe having a minimum outside dimension of 1 3/8 inches. The horizontal support rails shall be fitted to the posts using standard couplings. Fence sections shall be lag bolted or through bolted to the horizontal rails with galvanized steel clamps having a minimum thickness of 1/8 inch. Chain link fences enclosing water pools shall have, as a minimum, a top rail of galvanized steel, 1 3/8 inches O.D.
(3)
Notwithstanding anything to the contrary in Subsections (1) and (2) of this subsection, rails on fences made with polyvinyl chloride or other synthetic materials of durable, weather resistant character and construction, which are reasonably acceptable to the Village Building Official, and which simulate in external appearance painted white or unpainted cedar or cypress or similar woods, may also be made with polyvinyl chloride or such other synthetic materials, as applicable.
[Added 5-14-2001 by L.L. No. 3-2001]
§ 176-141 Valet parking.
[Added 7-8-1991 by L.L. No. 6-1991]
Valet parking shall be conditionally permitted, when authorized by the Board of Trustees, as an accessory use to any use permitted or conditionally permitted in the Village on the following conditions:
A.
In addition to such other signs as may be permitted by the Village, additional signs stating "Valet Parking" and the name of the business may be erected at a location approved by the Board of Trustees of sufficient size to be visible from the street to the extent deemed by the Board of Trustees to be deemed necessary to inform the public of the valet parking operation.
B.
The stopping or standing of vehicles for pickup and for delivery by the valet parkers shall be solely at locations which do not prohibit the stopping or standing of vehicles; do not unreasonably interfere with traffic; and do not unreasonably interfere with the peace and quiet of nearby property owners.
C.
Except to avoid an imminent accident, or when directed by a police officer, under no circumstances shall a vehicle which is stopped, is standing or is otherwise being operated on the public streets of the Village for valet parking purposes which is being operated by or directed by the valet parkers or someone on behalf of the valet parkers or on behalf of the owner, operator, manager, or any other agent or employee of the principal use for which the valet parking is being provided, violate any of the provisions of the New York State Vehicle and Traffic Law or the ordinances or local laws of the Village of Port Washington North.
D.
The valet parkers shall at all times operate the vehicles which they are parking in a manner so as not to adversely affect nearby property owners. Accordingly, the valet parkers shall not permit the radios in the vehicles they are operating to be heard outside the vehicles; shall not operate the vehicles they are parking in such a manner as to cause their tires to "squeal" or make other noises by rapidly accelerating or decelerating, except to avoid an accident; and shall not sound their horn except to avoid an accident, and then only to the minimum extent necessary.
E.
A conditional use permit for valet parking may be issued for a period of one year and shall automatically expire at the end of said year unless renewed by the permittee, with the consent of the Board of Trustees, for another year.
F.
The failure of the applicant to have received any summonses or to have been found guilty of any violations of the New York State Vehicle and Traffic Law or the Village's ordinances and local laws shall not preclude the Board of Trustees from denying a permit or a renewal of a permit if there is sufficient evidence for it to believe that the applicant or the individuals who will be responsible for the business or the valet parking operations have not or will not comply with the conditions set forth in this section.
§ 176-142 Commercial vehicles.
[Added 7-13-1998 by L.L. No. 3-1998; amended 10-8-2024 by L.L. No. 1-2024]
A.
As used in this section, the term "commercial vehicle" shall include every type of motor vehicle used for commercial purposes on the highways, such as the transportation of goods, wares and merchandise and motor coaches carrying passengers.
B.
No commercial vehicle including commercial, construction and industrial accessories and equipment used for purposes of commercial operations shall be stored or parked on any property which is zoned or used for residential purposes. It shall be an affirmative defense in any prosecution for a violation of this section that:
(1)
It was reasonable or necessary for the vehicle to be parked at the subject location while the operator was actually engaged in either the loading or the unloading of the vehicle at the subject location; or
(2)
It was reasonable or necessary for the vehicle to be parked at the subject location while the operator of the vehicle was actually engaged in performing services on the premises or performing services of a residential nature for a person then present at and a resident of the subject premises.
C.
No commercial vehicle including commercial, construction and industrial accessories and equipment shall be serviced at any time on any property which is zoned or used for residential purposes, or on a public highway which is immediately adjacent to any property which is zoned or used for residential purposes. It shall be an affirmative defense in any prosecution for a violation of this section that such service was reasonably or necessarily required before such vehicle and accessories could be safely moved to a permitted location.
D.
No commercial vehicle including commercial, construction and industrial accessories and equipment shall be washed or otherwise cleaned at any time on any property which is zoned or used for residential purposes, or on a public highway which is immediately adjacent to any property which is zoned or used for residential purposes.
§ 176-143 Hours of convenience and other retail stores.
[Added 12-10-2001 by L.L. No. 6-2001]
No convenience or other retail store within the Village of Port Washington North, except as hereinafter provided, shall be open for business between the hours of 11:00 p.m. and 6:00 a.m. This section shall not apply to: