Russell Gardens City Zoning Code
ARTICLE VIII
General Regulations
§ 60-49 Nonconforming uses.
[Amended 3-16-1964]
Any nonconforming use existing at the effective date of this chapter, as amended, may be continued and any existing building designed, arranged, intended or devoted to a nonconforming use may be reconstructed and structurally altered and the nonconforming use therein changed, subject to the following regulations:
A.
In no case shall the cost of structural alterations made in such building 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, if once changed to a use permitted in the district in which it is located, shall ever be changed back to a nonconforming use.
C.
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.
D.
Whenever a district shall hereafter be changed, any then-existing nonconforming use therein may be continued or changed to a use of a similar or higher classification, provided that all other regulations governing the new use are complied with.
E.
Any dwelling that is nonconforming as to maximum floor area or the sky exposure plane, which is damaged or destroyed due to fire or other causes, shall not lose its nonconforming status and may be replaced or rebuilt in the same size, location and dimensions.
[Added 10-4-2004 by L.L. No. 4-2004]
§ 60-50 Prohibited uses. [1]
No trade, industry or purpose shall be permitted which, in the judgment of the Board of Appeals, as provided below in Article IX, § 60-62H, is likely to be so conducted as to create corrosive or toxic fumes, gas, smoke or odors, obnoxious dust, vapor or waste or offensive noise or vibration, or so as to be detrimental to the public health, safety or general welfare.
§ 60-51 View obstructions on 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.
§ 60-52 Variances for certain lots.
In the case of a narrow corner lot or 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 below in Article IX, § 60-62A 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 such a manner that the Board shall deem that it shall not impair the character of the neighborhood and provided that compensating area shall be added to one or the other of the required open spaces, and provided further that, in no case, in a residence district, shall any part of any structure be within less than five feet of any street or lot line.
§ 60-53 Projections into yards.
No building or part of a building shall be erected in or project into a rear yard, front yard or side yard, with the following exceptions:
A.
Cornices, eaves, gutters or chimneys projecting not more than two feet.
B.
One-story cantilevered bay windows projecting not more than five feet, provided that such windows shall not project nearer than 10 feet to any property line.
[Amended 7-24-1997 by L.L. No. 6-1997]
C.
Open balconies and steps.
D.
Entrance porches or terraces which shall project into front or rear yards not more than 10 feet, or open porches or terraces which shall project into one side yard but which shall not be nearer to the side line of the lot than the minimum side yard requirement.
E.
If the distance from the rear line of the lot to the line fixed by the front yard restrictions is less than 75 feet, a portion of the main building not wider than 20% of the width of the lot may project not more than 20 feet into the rear yard.
§ 60-54 Average setback line.
No regulation or requirement of this chapter 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 that there are two or more buildings on such block.
§ 60-55 Computation of front yard depth.
The depths of all front yards will be reckoned from the existing street line, or where the 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 line.
§ 60-56 Effect of provisions 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 foundation and the setting of the first-floor beams, and provided further that the work thereon shall be diligently prosecuted to completion within six months 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.
§ 60-57 Modifications not permitted in building area and yard area requirements.
In no event shall the building area in any district be exceeded by reason of the deduction of the yard area required, thereby leaving a greater percentage of lot area, nor shall the yard area in any district be decreased by reason of the permitted building area.
§ 60-58 Permit required certifying compliance with provisions.
[Amended 12-27-1934; 7-19-1937; 6-23-1947; 6-26-1979 by L.L. No. 13-1979]
A.
No building shall be erected or altered, nor shall any excavation be commenced in connection with or preparation for such erection or alteration, until the Building Inspector and/or the Village Board shall issue a permit certifying that the proposed building or proposed altered building and the use complies in every respect with this chapter. All applications for such permits shall be in writing and accompanied by a plot plan, in triplicate, 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 such other information as may be necessary to provide for the enforcement of this chapter. At the time each such application is filed, the applicant shall pay to the Village Clerk, for the use of said Village, 1/2 of 1% of the estimated cost of such erection or alteration, as estimated by the Building Inspector, which sum shall not, however, exceed $5 in any event, such sum to be retained by said Village whether or not the permit shall issue.
B.
In any event, all of the provisions of the Building Code,[1] so far as applicable, shall be complied with in connection with any work or construction to be done or undertaken under this chapter.[2]
[2]
Editor's Note: Original Sections 11, 13, 14 and 15 of this article, which followed this section, were rescinded and repealed 7-5-1949. Original Section 12, which pertained to storage places for motor vehicles on lots with apartment houses, was deleted and repealed at time of Code 6-26-1979 by L.L. No. 13-1979; see Ch. 1, General Provisions, Art. VI.
§ 60-59 Cannabis retail dispensaries and on-site cannabis consumption establishments. [1]
[Added 12-2-2021 by L.L. No. 3-2021]
A.
Legislative intent. It is the intent of this section to opt the Village of Russell Gardens out of hosting cannabis retail dispensaries and on-site cannabis consumption establishments within its boundaries.
B.
Authority. This section is adopted pursuant to Cannabis Law § 131, which expressly authorizes villages to opt out of allowing cannabis retail dispensaries and on-site cannabis consumption establishments to locate and operate within their boundaries.
C.
Local Cannabis Retail Dispensary and on-site cannabis consumption opt-out. The Board of Trustees of the Village of Russell Gardens, County of Nassau, hereby opts out of allowing cannabis retail dispensaries and on-site cannabis consumption establishments from locating and operating within the boundaries of the Village of Russell Gardens.
[1]
Editor's Note: Former § 60-59, Swimming and wading pools, added 6-19-1962, as amended, was repealed 4-6-2011 by L.L. No. 1-2011.
§ 60-59.1 Antennas.
[Added 3-5-1984 by L.L. No. 1-1984]
A.
It shall be unlawful for any person to erect, construct or otherwise maintain in the Village any form of parabolic, hemispherical, ground station, earth station, satellite station, circular or dish-shaped antenna or the like, unless the same shall be located on the roof of a building.
B.
No structure shall have more than one such antenna.
C.
No such antenna shall have a diameter in excess of two feet nor a surface area in excess of three square feet, and no such antenna shall exceed six feet in height measured from the bottom of its base.
D.
The thirty-foot limitation on building height prescribed by this chapter shall be deemed to include the height of any such antenna.
§ 60-59.2 Fences.
[Added 3-5-1984 by L.L. No. 2-1984; amended 4-3-2008 by L.L. No. 1-2008; amended 12-5-2019 by L.L. No. 13-2019]
A.
Permit required. No person, firm, association or corporation shall hereafter erect and maintain any wall or fence for any purpose whatsoever, without first having obtained a permit from the Building Inspector.
B.
Application requirements.
(1)
No fence shall be erected or altered until the Building Inspector issues a permit for the proposed fence. All applications for such permits shall be in writing and accompanied by a survey depicting all existing structures at the premises, the dimension of all open spaces, the location and height of the propose fence, and any other information as may be necessary to provide for the enforcement of this chapter and all other applicable New York State and County codes.
(2)
At the time such application is filed, the applicant shall pay to the Village Clerk a filing fee as set forth in a Zoning Fee Schedule established by resolution of the Board of Trustees. Such Fee Schedule may thereafter be amended from time to time by like resolution. Such Fee Schedule shall be available in the office of the Village Clerk.
(3)
The applicant shall also provide detailed information regarding the type of fence to be erected to include the materials, manufacturer and color of the proposed fence.
(4)
All fence applications shall be approved by the Design Review Board prior to the issuance of a permit.
C.
Provisions applicable to residential districts.
(1)
No person shall erect, construct or otherwise maintain within the Village any fence, property divider or other structure in the nature of a barrier between adjoining residential properties, except that a living structure, including, but not limited to, hedges, plants, shrubs and trees shall be permitted. No living structure shall be permitted between single-family residential properties where driveways are abutting or are contiguous.
(2)
Fences and other structures in the nature of a barrier shall be permitted only when a barrier is needed between a single-family residential property and either a commercial property, an apartment property or a boundary of the Village. Fences, barriers and walls are also permitted to avoid erosion or patently dangerous conditions.
(3)
Height. The maximum permitted height for any fence is six feet.
(4)
Materials. Acceptable fence materials are wood, brick, stone, wrought iron or a combination thereof of said materials as approved by the Design Review Board.
(5)
Location. Fences shall only be located in a rear or side yard. Fences shall not be located in a front yard.
(6)
Exception. These fence regulations shall not apply to public amenities facilities owned by the Russell Gardens Association which are situated within a residential district.
E.
Penalties for offenses. Each person who violates any provision of this chapter shall be subject to a fine of $200 for a first offense; $500 for a second offense; and $1,000 for a third offense and each and every subsequent offense.