Roslyn Estates Village
City Zoning Code
City Zoning Code
ARTICLE V
R-18 Residence District
§ 200-21 Permitted uses.
In the R-18 Residence District, no building shall be erected, altered or used and no lot or premises may be used except for one or more of the following purposes:
A.
Detached single-family dwellings.
B.
Park or municipal recreation use.
C.
Vegetable and flower gardens.
D.
Houses of worship; provided, however, that such use shall be on a lot area of not less than 3.75 acres and a lot frontage of not less than 100 feet, and off-street parking facilities shall be provided which are set back not less than 40 feet from the front lot line of the property, and the parking area shall be completely screened from the front lot line by a screen of evergreen trees not less than six feet in height when planted.
[Amended 8-1-1977 by L.L. No. 5-1977; 5-6-1996 by L.L. No. 6-1996]
E.
Elementary or secondary schools, public or parochial, operated under the supervision of the Board of Regents of the State of New York; libraries; public museums; Village hall, and garage pertaining thereto; municipal fire house.
F.
Professional offices in residences.
[Amended 8-1-1977 by L.L. No. 5-1977; 1-12-1981 by L.L. No. 2-1981; 10-12-1982 by L.L. No. 4-1982]
(1)
The office of a physician, dentist, architect, engineer, teacher, artist, musician, therapist, psychologist, certified social worker or other such professional person residing on the premises, subject to the issuance of a special use permit by the Village Clerk, after approval of application by the Board of Trustees. Before granting any approval of such application, the Board shall find as follows:
(a)
Location; permit; date of use.
[1]
That the premises shall be located within the Incorporated Village of Roslyn Estates with street frontage on one of the following boundary roads, and access to parking from one of these roads or from an intersecting street:
[a]
Searingtown Road;
[b]
Northern Boulevard;
[c]
Old Northern Boulevard;
[d]
Mineola Avenue;
[e]
Warner Avenue; or
[2]
That a special use permit has previously been granted to the premises pursuant to the terms of this section; or
[3]
That the premises has been registered with the Village Clerk, no later than April 1, 1981, as a use predating the enactment of Local Law No. 1 of 1975. Such use shall be verified by the Building Inspector after registration with the Village Clerk. A preexisting professional office shall be deemed to exist where the office is a clearly defined area used by the present occupant for professional purposes and containing equipment or furnishings appropriate thereto.
(b)
That the premises shall be the principal abode of the practitioner.
(c)
That no more than 25% of the floor area of the dwelling shall be devoted to the use.
(d)
That no accessory structure shall be used for the professional use.
(e)
That there shall be an adequate number of off-street parking spaces to meet the requirements of Article VIII hereof, and that such spaces shall not be located between the front wall of the building and the street line, nor within 10 feet of any side or rear line.
(f)
That no such use will adversely affect adjoining properties by reason of noise, hours of operation, traffic generation or intensity of use.
(g)
That such use of the premises shall be made only between the hours of 8:00 a.m. and 9:00 p.m., Monday through Friday, and 9:00 a.m. through 6:00 p.m. on Saturday, except for emergency treatment.
(h)
That such use shall be limited to the office of not more than one practitioner of the aforementioned uses; that such use shall be limited to treatment of one individual or family at one time. Under no circumstances shall the aforementioned use or uses include the conducting of classes or instruction for more than one person at the same time.
(2)
Any existing special use permit under this section or any professional use predating the enactment of Local Law No. 1 of 1975 will terminate upon the termination of occupancy by the present permittee or user, and any renewal of any such special use permit or use shall be in accordance with the terms of this subsection.
(3)
The Board of Trustees may in a specific case, and after due notice and public hearing, subject to appropriate conditions and safeguards, determine and vary the application of the regulations of this subsection in harmony with the general purpose and intent thereof.
G.
Classes, meetings, and other sessions in residences.
[Added 6-25-2007 by L.L. No. 2-2007[1]]
(1)
Classes, meetings, and other similar sessions involving a paid instructor, leader, or other individual shall be permitted so long as no economic benefit is being derived by the property owner or tenant of the premises and the following criteria are met:
(a)
Not more than six individuals who do not reside at the premises are present; and
(b)
The classes, meetings, or other similar sessions do not last longer than 75 minutes; and
(c)
The classes, meetings, or other similar sessions are not held more frequently than once per week; and
(d)
To the extent practicable, all parking for the classes, meetings, and other similar sessions is on site, and in a manner that any off-site parking does not unduly interfere with emergency vehicles, school buses, and customary truck traffic to traverse the roads where the off-site parking will be occurring.
(2)
Classes, meetings, and other similar sessions involving a paid instructor, leader, or other individual, so long as no economic benefit is being derived by the property owner or tenant of the premises, which do not meet all of the foregoing criteria are subject to the issuance of a special use permit by the Village Clerk, after approval of the application by the Board of Trustees.
(a)
Before granting any approval of such application, the Board shall find as follows:
[1]
That there shall be an adequate number of off-street and on-street parking spaces available at the times of the sessions to meet the requirements of the maximum projected attendance without interfering with normal traffic for that time of day; the ability of neighboring residents to provide parking within a reasonable distance of their homes for their guests; and the ability of emergency vehicles, school buses, and customary truck traffic to traverse the roads where the on-street parking will be occurring.
[2]
That such use will not adversely affect adjoining properties by reason of noise, lights, odors, hours of operation, traffic generation, or intensity of use.
(b)
The Board of Trustees may in a specific case, and after due notice and public hearing, subject to appropriate conditions and safeguards, determine and vary the application of the regulations of this subsection in harmony with the general purpose and intent thereof.
[1]
Editor's Note: This local law also provided for the redesignation of former Subsections G, H and I as Subsections H, I and J, respectively.
H.
Accessory use on the same lot with and customarily incidental to any of the above permitted uses, including, upon obtaining a special use permit, as hereinafter provided, one private greenhouse, a swimming pool, and a tennis court.
[Amended 1-9-1984 by L.L. No. 1-1984; 1-8-1990 by L.L. No. 1-1990; 7-14-2008 by L.L. No. 4-2008]
I.
Fences and walls.
[Amended 1-3-1978 by L.L. No. 1-1978; 9-12-1983 by L.L. No. 5-1983; 10-1-2003 by L.L. No. 6-2003]
(1)
A fence or wall having at least 50% daylight opening, excluding necessary posts, and no more than four feet in height, measured along the vertical distance from the top of the proposed fence to the ground level of the nearest portion of adjoining property, may be constructed on the rear lines or side lines of any lot.
(2)
In all instances, all fences must exhibit the "good," unbroken or non-post side located toward adjoining property and/or street.
(3)
No fence along a side lot line shall extend further forward than the front line of any house currently existing on said lot.
(4)
No fence shall be constructed in the front yard of any premises.
(5)
An interior fence may be constructed without the restrictions set forth in Subsection I(1) and (2) hereof, so long as said interior fence does not violate rear yard or side yard setbacks, as defined in § 200-22E and F.
(6)
The limitations to fences and walls set forth in Subsection I(1) and (3) through (5) hereof shall not apply to:
(a)
Hedges, trees, or other shrubbery, or boundary line markers, or screening as defined in § 200-3.
(b)
The westerly property line of the westerly yard (front, side, or rear) of properties along the west side of The Hemlocks, from the intersection of Searingtown Road and Dianas Trail to the intersection of Searingtown Road and Northern Boulevard, whereon fences may be erected so long as such fences do not exceed twelve feet in height, measured along the vertical distance from the top of the proposed fence to the ground level of the nearest portion of adjoining property, subject to such limitations as may be imposed at the discretion of the Village's Architectural Review Board, if deemed appropriate, including, but not limited to, the assurance of adequate sight-lines at street intersections.
(c)
Retaining walls, which, notwithstanding their denomination as "structures," shall not be required to maintain the setbacks from property lines otherwise required for structures, whether principal or accessory, including other types of walls and fences; however, all retaining walls, except for those which are deemed by the Building Inspector to be substantially a repair or a replacement of a legal retaining wall, substantially of the same material, with the same appearance, at the same height, and at the same location, shall be subject to the review of the Architectural Review Committee. Nothing herein shall be deemed to waive the requirements of Chapter 80, Grading and Filling, of this Code.
[Added 1-4-2006 by L.L. No. 12-2006]
(7)
The limitations to fences and walls set forth in Subsection I(1) through (5) hereof shall not apply to the easterly yards of properties along the west side of Mineola Avenue nor to the northerly yards of properties along the south side of Old Northern Boulevard, wherein fences may be erected so long as such fences and walls and the screening and irrigation systems required herein have been approved by the Village’s Architectural Review Board and the property owner has implemented such aesthetic, screening, and safety conditions and limitations imposed by such Board, which shall include, but not be limited to, the following:
[Added 11-29-2005 by L.L. No. 11-2005]
(a)
The fence or wall shall not exceed 10 feet in height, measured along the vertical distance from the top of the proposed fence to the ground level of both sides of the adjoining property. The intent herein is that the fence or wall shall not exceed 10 feet in height from existing grade, but it is understood that a berm may be built on the road side of the fence or wall, and it is not intended, in that instance, to permit the fence or wall to be higher than 10 feet above the opposite side of the fence or wall. In the event that a berm is to be built, or the grade is otherwise to be raised, on both sides of the fence or wall, the Village’s Architectural Review Board may limit the height of the fence or wall to 10 feet above the grade prior to the change in grade.
(b)
The fence or wall shall be constructed substantially parallel to Mineola Avenue or Old Northern Boulevard, as the case may be, and except for the corner of Mineola Avenue and Old Northern Boulevard, which may have a fence or wall parallel to both of such roads, the fence or wall shall be in one straight line, without any returns along the property lines approximately perpendicular to such roads.
(c)
The fence or wall shall be constructed of metal, wood, or stone or other masonry.
(d)
The fence or wall shall be screened from Mineola Avenue or Old Northern Boulevard, as the case may be, by live evergreen screening, which, at planting, shall be no less than six feet above grade and not less than 60% of the height of the fence or wall, whichever is higher, and which, below said height, shall cover at least 60% of the fence or wall when planted. Such evergreens shall be healthy and of a size and kind approved by the Village that shall be reasonably expected to be hardy and to totally screen such fence or wall within three years from planting. Such screening shall be maintained by the property owner at all times and replaced, as deemed reasonable or appropriate by the Village Building Inspector, to reasonably assure such total screening of such fence or wall at all times after said initial three-year period.
(e)
The fence or wall shall be set back no less than six feet from the property line and at least as far as is reasonable and appropriate to attempt to assure that the required screening will have sufficient room to grow in a healthy manner.
(f)
The property owner shall provide between such fence or wall and Mineola Avenue or Old Northern Boulevard, as the case may be, an underground irrigation system, as approved by the Village as to type, design, and location, which shall be maintained by such property owner from April 1 through November 1 each year, to assure that the aforesaid screening is adequately irrigated.
(g)
The fence or wall shall not interfere with sight lines at driveways and street intersections.
(h)
All applications to the Village’s Architectural Review Board shall include the stamp or seal of a licensed landscape architect.
(i)
At the option of the Village’s Architectural Review Board, such Board may engage its own licensed landscape architect to review the proposed application, at the expense of the applicant.
(8)
Except with respect to fencing that encloses a game court as permitted pursuant to Village Code § 200-11.1H, no chain-link or wire mesh fence is permitted on any premises located within the Village. Any chain-link or wire mesh fencing installed on any building lot prior to the effective date of this provision may be maintained; provided, however, that any such existing chain-link or wire mesh fencing shall be removed at such time as any portion of such existing chain-link or wire mesh fence is replaced, or at such time as more than 50% of any such existing chain-link or wire mesh fence is repaired, and, upon the removal thereof, all fencing installed to replace same shall satisfy the requirements of this subsection.
[Added 7-15-2019 by L.L. No. 3-2019]
J.
No signs shall be permitted except as set forth herein:
[Amended 11-1-1999 by L.L. No. 1-1999]
(1)
Every owner of every premises within the Village shall cause to be displayed at all times upon such premises a street number sign setting forth the street number address assigned to such premises.
(2)
Definitions. In addition to the definitions elsewhere contained in this chapter, the following terms as used in this section shall have the meanings indicated:
BUILDING
The principal building or buildings on each premises, expressly excluding any accessory building.
PREMISES
All real property within the Village for which a street number address has been designated by the Board of Trustees.
STREET NUMBER ADDRESS
The address consisting of a number and a street name assigned by the Village to premises for purposes of identifying those premises and distinguishing them from other premises.
STREET NUMBER SIGN
A sign only containing either the numerals or the numerals and the street name that comprise the street number address assigned by the Village to such premises.
(3)
Each street number sign shall be painted upon or affixed to the front of a building, a post, a mail box or a tree, in a prominent and conspicuous place, legible at all times, between sunrise and sunset, from the street when facing the premises. For purposes hereof, the "street" shall be that particular street referred to in the street number address of the premises. No such sign shall be greater than 12 inches by 24 inches.
(4)
Nothing in this section shall be deemed to prohibit such signs as are protected as free speech pursuant to the State or Federal Constitution, so long as such signs are not greater than 24 inches by 36 inches in size.
(5)
If any provision of this section, or its application to any person, is, for any reason, determined to be invalid, such determination shall not affect the validity of the remaining provisions herein.
§ 200-22 Lot, yard and building requirements.
A.
Lot area and frontage. No building or other structure shall be erected on a lot having an area of less than 18,000 square feet, or a lot frontage of less than 110 feet. In the case of a corner lot, there shall be a lot frontage of not less than 110 feet on each street.
[Amended 5-6-1996 by L.L. No. 6-1996; 10-1-2003 by L.L. No. 7-2003[1]]
[1]
Editor's Note: This local law stated that it would not affect any buildings or other structures for which plans were filed with the Village of Roslyn Estates' Architectural Review Board or Zoning Board of Appeals on or before September 10, 2003, upon the condition that substantial construction, in substantial conformance with the approved plans for any such buildings or other structures, commenced on or before December 31, 2004.
B.
Building area. The area of lot covered by all of the buildings and other structures on the lot shall not exceed 25% of the total lot area.
[Amended 5-6-1996 by L.L. No. 6-1996]
C.
Lot width. The minimum lot width at all points from the street line to a depth of 70 feet therefrom shall not be less than 110 feet.
[Amended 1-9-1984 by L.L. No. 1-1984; 5-6-1996 by L.L. No. 6-1996]
D.
Front yard. There shall be a front yard of such depth that no part of a building or other structure erected on such lot shall be closer than 40 feet to the street line at any point.
[Amended 5-6-1996 by L.L. No. 6-1996]
E.
Rear yard. No lot shall have a rear yard of less than 45 feet in depth.
[Amended 5-6-1996 by L.L. No. 6-1996]
F.
Side yard. Except as permitted by § 200-11B, a side yard shall have a width of at least 20 feet and, if there are two side yards, the aggregate width of such side yards shall be at least 45 feet.
[Amended 1-7-1985 by L.L. No. 2-1985; 5-6-1996 by L.L. No. 6-1996]
G.
Size of building. No single-family dwelling shall be erected which shall have a livable area of less than 1,700 square feet, and all single-family dwellings hereafter constructed, in addition, shall include a two-car garage not less than 18 feet long. No building shall be altered to reduce the amount of existing garage space to less than 18 feet wide by 18 feet long.
H.
Building height.
[Added 4-3-2000 by L.L. No. 6-2000; 11-7-2005 by L.L. No. 9-2005]
(1)
No multistory building or part thereof shall exceed 30 feet in height.
(2)
No one-story building, or one-story portion of a multistory building, shall exceed 21 feet in height.
(3)
No accessory structure shall exceed 15 feet in height.
I.
Sky exposure plane/height setback ratio limitations.
[Added 5-1-2000 by L.L. No. 7-2000; amended 11-7-2005 by L.L. No. 9-2005; 8-12-2013 by L.L. No. 4-2013]
(1)
No part of a principal building on a residential lot shall have a height that exceeds the sky exposure plane/height setback limitations set forth below, which are based upon the distance between the building to be measured and the vertex elevation point of the property line from which such building is to be measured:
(a)
From a side property line:
[1]
In an R-18 Residence District: 1 (height) to 1 (length).
[2]
In an R-12 Residence District: 1.1 (height) to 1 (length).
(b)
From a front property line: 0.8 (height) to 1 (length).
(c)
From a rear property line:
[1]
In an R-18 Residence District: 0.71 (height) to 1 (length).
[2]
In an R-12 Residence District on a corner lot: 1.28 (height) to 1 (length).
[3]
In an R-12 Residence District on an interior lot: 1.06 (height) to 1 (length).
J.
All roofs must have a minimum slope of 20º, except for a portion or portions of the roof of the primary structure (but not any accessory structure) on a residentially zoned lot that, in the aggregate, do not exceed the greater of:
[Added 11-7-2005 by L.L. No. 9-2005; amended 1-10-2006 by L.L. No. 1-2006; 8-12-2013 by L.L. No. 4-2013]
(1)
Three hundred fifty square feet; or
(2)
Fifteen percent of the building area of such primary structure.
K.
The gross horizontal area of all of the dormers on any single roof plate of a second floor may not exceed 20% of the gross horizontal area of that roof plate. "Gross horizontal area," for this subsection, shall be measured by the gross horizontal measurements of the dormers and of the roof plate, without taking into account the vertical measurements. For example, for a twenty-foot-long peaked roof, with forty-five-degree slopes, six feet high, that extends horizontally 16 feet (eight feet in either direction from the ridge), there would be two roof plates, each with a gross horizontal area of 160 square feet, even though the actual area of each of the roof plates would be 200 square feet.
[Added 11-7-2005 by L.L. No. 9-2005; amended 1-10-2006 by L.L. No. 1-2006]
§ 200-23 Keeping of livestock.
The keeping or raising of livestock, including poultry of all kinds, is specifically prohibited, except that the keeping of household pets is permitted, provided that such pets are not raised for profit and do not exceed six in number.
§ 200-24 Lighting.
Lights and lamps shall be so arranged, adjusted, shaded or operated with reflectors or refractors that the upper outline of any beam or ray shall not project beyond the property line of the owner or occupant; no beam shall project above the height of the light or lamp, nor shall any light be directed upon any surface which shall reflect the beam or rays thereof beyond the property line of the owner or occupant.
§ 200-25 Central air-conditioning units and electric generating units.
[Amended 6-5-1989 by L.L. No. 2-1989; 11-1-1999 by L.L. No. 2-1999; 2-7-2005 by L.L. No. 3-2005]
Central air-conditioning units and electric generating units may be installed in any residence district of the Village, provided that such unit or units, if located outside the dwelling, meet the following restrictions:
A.
Such units shall not be located within a front yard.
B.
Such units shall not be located within 12 feet of any property line.
C.
Such units shall at all times be in compliance with § 200-36, Prohibited noise levels, of this chapter.
D.
Sound attenuation panels and landscaped screening shall be provided and maintained to reduce, to the extent practicable, the adverse impacts of the noise and view of such units upon adjacent properties, in a manner approved by the Building Official, or, in the Building Official’s sole discretion, as directed by the Architectural Review Board.
§ 200-26 Swimming pools.
[Amended 5-6-1996 by L.L. No. 6-1996; 11-1-1999 by L.L. No. 2-1999]
A swimming pool and all of its appurtenant equipment may be constructed only in a rear yard or side yard. There shall be at least 15 feet of distance between such swimming pool, including its appurtenant equipment, and the rear and side lot lines. The swimming pool and its appurtenant equipment shall be screened from all adjoining properties. Such swimming pool shall be fenced as required by the Building Inspector and shall meet all other requirements as provided in Chapter 171 of the Code of the Incorporated Village of Roslyn Estates.[1]
[1]
Former Section 5(1.22), Livestock, which immediately followed this subsection, was deleted 11-1-1999 by L.L. No. 2-1999.
§ 200-27 Floor area ratio.
[Added 11-19-1996 by L.L. No. 9-1996; amended 5-1-2000 by L.L. No. 7-2000; 2-1-2010 by L.L. No. 1-2010; 8-12-2013 by L.L. No. 4-2013; 6-9-2014 by L.L. No. 3-2014]
The maximum allowable floor area on a residential lot shall not exceed the following:
A.
For a lot with a lot area of less than 12,000 square feet:
(1)
Subtract the square footage of the lot from 12,000 square feet.
(2)
Multiply the balance by 0.20.
(3)
Subtract the resulting square footage from 3,900 square feet.
(4)
The balance is the maximum allowable floor area for that lot.
For example: The calculations for a lot of 10,000 square feet in the R-12 Zoning District would be as follows: |
12,000 square feet - 10,000 square feet = | 2,000 square feet | |
2,000 square feet x 0.20 = | 400 square feet | |
3,900 square feet - 400 = | 3,500 square feet | |
Total: | 3,500 square feet |
B.
For a lot with a lot area equal to or more than 12,000 square feet but not more than 30,000 square feet:
(1)
Subtract 12,000 square feet from the lot area.
(2)
Multiply the balance by 0.0722.
(3)
Add 3,900 square feet, if the lot is within the R-12 Zoning District, or 4,000 square feet, if the lot is within the R-18 Zoning District, or 4,100 square feet, if the lot is within the R-21 Zoning District.
(4)
The total is the maximum allowable floor area for that lot.
For example: The calculations for a lot of 14,000 square feet in the R-12 Zoning District would be as follows: |
14,000 square feet - 12,000 square feet = | 2,000 square feet | |
2,000 square feet x 0.0722 = | 144 square feet | |
144 square feet + 3,900 = | 4,044 square feet | |
Total: | 4,044 square feet |
C.
For a lot with a lot area of more than 30,000 square feet, but not more than 36,000 square feet:
(1)
Subtract 30,000 square feet from the lot area.
(2)
Multiply the balance by 0.05.
(3)
Add 5,500 square feet.
(4)
The total is the maximum allowable floor area for that lot.
For example: The calculations for a lot of 34,000 square feet would be as follows: |
34,000 square feet - 30,000 square feet = | 4,000 square feet | |
4,000 square feet x 0.05 = | 200 square feet | |
200 square feet + 5,500 = | 5,700 square feet | |
Total: | 5,700 square feet |
D.
For a lot with a lot area of more than 36,000 square feet:
(1)
Subtract 36,000 square feet from the lot area.
(2)
Multiply the balance by 0.02.
(3)
Add 5,800 square feet.
(4)
The total is the maximum allowable floor area for that lot.
For example: The calculations for a lot of 40,000 square feet would be as follows: |
40,000 square feet - 36,000 square feet = | 4,000 square feet | |
4,000 square feet x 0.02 = | 80 square feet | |
80 square feet + 5,800 = | 5,880 square feet | |
Total: | 5,880 square feet |
§ 200-28 Impervious coverage in front yards.
[Added 11-19-1996 by L.L. No. 9-1996]
A.
Lots with one front yard: Not more than 25% of the surface area of the front yard may be covered by impervious material.
B.
Lots with more than one front yard: Not more than 25% of the surface area of any one front yard may be covered by impervious material, and not more than 13% of the total surface area of all front yards may be covered by impervious material.
§ 200-29 Tennis courts.
[Added 1-9-1984 by L.L. No. 1-1984]
A.
Tennis courts may be constructed or installed only in a rear or side yard as an accessory to a dwelling for the private use of the owners or occupants of such dwelling and their families and guests, and only when permitted by special exception by the Zoning Board of Appeals after public hearing in compliance with the provisions of this section.
B.
The application to the Zoning Board of Appeals shall describe the subject premises by street address and by section, block and lot number, and shall describe the present use of the premises. In addition, the application shall be accompanied by the following:
(1)
A topographic plot plan showing existing buildings and structures, the elevations thereof and the proposed tennis court, indicating whether the court is new or an alteration to an existing court, and showing all areas and distances between edges of the tennis court and the nearest property lines.
(2)
An area survey showing the location and distances of all buildings and structures within a two-hundred-foot radius of the proposed tennis court.
(3)
Drainage impact notation from a licensed engineer, indicating what effect the construction will have on existing drainage, including the direction of flow and the provisions for drainage.
(4)
A landscape plan, detailing adequate screening of the tennis court from visual observation from neighboring property and showing in detail the proposed planting of screening.
(5)
A fencing plan detailing proposed fencing to be erected by the applicant.
(6)
A deposit to defray expenses as established by the Board of Trustees.
(7)
The appropriate filing fee.
[Amended 1-7-1985 by L.L. No. 4-1985]
(8)
Any other documentation required by the Zoning Board of Appeals.
C.
There shall be certification of notice of any application hereunder to all property owners within 300 feet of the applicant's property. Such notice shall show that such owners were notified, in writing, by the applicant of his application by registered or certified mail at least 15 days before the hearing.
[Amended 5-6-1996 by L.L. No. 6-1996]
D.
No application for a special use permit for installation of a tennis court shall be granted by the Zoning Board of Appeals unless the following requirements are met:
(1)
Every such tennis court shall be enclosed by a fence of a specification design and height to be approved by the Zoning Board of Appeals.
(2)
The applicant agrees to execute a restrictive covenant, in recordable form, in which the applicant agrees to maintain, repair and, if necessary, replace the fencing and screening required in conjunction with the construction of a tennis court. Said covenant shall run with the land and shall provide that upon the owner's failure to properly maintain or, where necessary, to replace the screening or fencing, after 10 days' written notice by certified mail to the owner at his last known address, the Village shall have the right to maintain, repair or replace, or to cause the fencing or screening to be maintained, repaired or replaced, and the total costs thereof may be assessed upon the real property and shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent taxes. The costs of recording the covenant shall be borne by the applicant.
(3)
Notwithstanding any of the setback requirements in this chapter, such tennis court shall not be located closer than 40 feet from the nearest side or rear property line.
(4)
Covers or enclosures over tennis courts are strictly prohibited.
(5)
All such tennis courts shall be completely screened from adjoining property by a living screen of coniferous trees. Said trees shall be of a height when planted of not less than six feet and shall be planted five feet on centers, and not more than 10 feet away from the fence surrounding the tennis court, on all sides of the court. The Zoning Board of Appeals may consider exempting one side of the tennis court from landscaping requirements, provided that the principal building is in such a position as to provide adequate screening for visual and noise reduction purposes as otherwise required by this chapter. Said coniferous screening shall consist of Canadian hemlock or an alternate growth of nondeciduous stock providing required screening as approved by the Zoning Board of Appeals, and shall be maintained and/or replaced, as necessary, so long as the tennis court remains in existence.
(6)
The height of the playing surface of the tennis court shall not be above the existing level of the ground immediately surrounding the tennis court area prior to construction of the tennis court, except to permit usual surface drainage.
(7)
No tennis court shall be so constructed or maintained so as to permit any drainage water to flow onto adjoining properties.
(8)
The use of lights to allow play after dark is prohibited.
(9)
The use of a tennis court before 8:00 a.m. on weekdays and before 9:00 a.m. on Saturday, Sunday or legal holidays, or after sunset, is prohibited.
E.
The Zoning Board of Appeals may not grant the application for the special use permit unless it finds that the proposed construction or alteration is of such character, size, location, design and site layout as to be appropriate to and in harmony with the neighborhood and the overall plan of the Village, and that the granting of the special use permit will be consistent with the use of the subject and surrounding properties, will promote the public health, safety and general welfare and will not impair the value of adjoining properties or other properties in the neighborhood or hinder or discourage their appropriate use and development.
F.
Conditions.
(1)
In granting the special use permit, the Zoning Board of Appeals may impose such additional reasonable conditions concerning the hours of operation, lighting of the premises, fencing, screening, buffer area requirements and any other aspects of the proposed construction or alteration as it shall deem suitable in order to preserve the property values and the comfort and convenience of the adjoining properties and of the neighborhood.
(2)
No certificate of occupancy or certificate of completion shall be granted for any tennis court which has been granted a permit under this section until all of the conditions set forth in the resolution of the Zoning Board of Appeals granting such permit shall have been fully complied with and all construction work has been completed in full compliance with the plan, specifications and site plan submitted to the Zoning Board of Appeals and approved by it.
(3)
Violation of any of the conditions imposed by the Zoning Board of Appeals in its resolution granting the special use permit, if not corrected within 10 days after a written notice of the violation has been served personally or by mail on the applicant or occupant of the premises, shall constitute sufficient grounds for cancellation of the special use permit and revocation of the certificate of occupancy or certificate of completion issued hereunder. In addition to any other remedies available to it, the Village shall have the right to correct a violation of the screening and fencing requirements and to charge the costs thereof to the owner of the premises. The Building Inspector is specifically empowered to enforce this chapter.
§ 200-30 (Reserved) [1]
[1]
Editor's Note: Former § 200-30, Second private garage on same lot, added 1-8-1990 by L.L No. 1-1990, was repealed 7-14-2008 by L.L. No. 4-2008.