Woodsburgh City Zoning Code
ARTICLE VI
Specific Land and Use Regulations
§ 150-39 Lot coverage; impervious site coverage; accessory buildings or structures.
[Amended 7-25-1988 by L.L. No. 2-1988; 11-27-1989 by L.L. No. 24-1989; 1-16-1990 by L.L. No. 1-1990; 1-9-2001 by L.L. No. 1-2001]
A.
The areas occupied by all buildings and structures and accessory uses which extend above the grade of the property shall not exceed the following percentage of the lot area in the indicated district:
B.
The maximum permitted impervious site coverage shall be calculated based upon the following table:
Maximum Permitted Impervious Coverage | ||
|---|---|---|
Lot Area (square feet) | For Base Lot Area (square feet)1 | For Lot Area Over Base Lot Area (percent) |
0 to 4,000 | 0 | 55% |
4,001 to 6,000 | 2,200 | 35% |
6,001 to 12,000 | 2,900 | 27% |
12,001 to 16,000 | 4,520 | 26% |
16,001 to 20,000 | 5,560 | 25% |
20,001 to 30,000 | 6,560 | 24% |
30,001 to 40,000 | 8,960 | 23% |
40,001 and larger | 11,260 | 22% |
NOTE: |
|---|
1 "Base lot area" is the minimum end of the lot area range in the "Lot Area" column. |
C.
Where the area of all lawful buildings, structures, uses or impervious site coverage exceeds the maximum area permitted to be occupied pursuant to Subsection A or B of this section, none of such buildings, structures, uses or impervious site coverage shall thereafter be altered or enlarged in height, depth or width.
D.
The following shall be considered accessory uses, buildings or structures for the purposes of this section; tennis courts or similar facilities, paddle tennis courts, swimming pools, garages, greenhouses, playhouses, garden houses, toolhouses. stables, barns, solar energy collectors and studios and television, radio or other reception facilities located on the ground. For the purposes of this section, a deck having a maximum height less than three feet above the finished grade, determined as the finished grade without retaining walls or other nonnatural support, shall not be considered to extend above the grade, and a deck having a maximum height of three or more feet above the finished grade, determined as the finished grade without retaining walls or other nonnatural support, shall be considered to extend above the grade.
E.
Accessory buildings and structures not greater than 100 square feet in floor area and not more than 10 feet in height measured to the highest point of the building or structure shall be located not closer than 1/3 of the side yard and rear yard dimensions applicable in the district in which the lot is located. Accessory buildings and structures are not permitted in a front yard.
[Amended 7-24-2006 by L.L. No. 3-2006]
E.1. | No person shall construct, locate or maintain any accessory structure (other than a garage or a basketball backboard, hoop and stanchion) in a side yard or rear yard in a location where the structure is substantially visible from any public street adjoining the property on which such structure is located, unless the structure is screened from view by the use of fencing (where otherwise permitted by this Code) or by landscaping approved by the Code Official. [Added 1-10-2005 by L.L. No. 1-2005] |
F.
Individual accessory buildings and structures greater than 100 square feet in ground floor area or greater than 10 feet in height shall meet the following requirements:
(1)
Accessory buildings and structures permitted under this section shall comply with the front, rear and side yard requirements specified for the district in which the lot is located and shall be limited in height to a maximum of 18 feet, measured to the highest point of the building or structure.
(2)
The ground floor of an individual accessory building or structure permitted under this section shall not exceed 5% of the area of the lot on which the accessory building or structure is located.
(3)
The construction of accessory buildings or structures over 2,000 square feet in ground floor area shall not be permitted without a permit from the Zoning Board of Appeals.
G.
Private recreational courts. Notwithstanding any other provision of this chapter, a recreational court with an impervious hard and/or prepared surface, such as, but not limited to, tennis courts, volleyball courts, and basketball courts, shall be permitted as accessory to a single-family residential use, with a special permit from the Board of Appeals, provided that the location of the court complies with all applicable setback requirements, all applicable lot coverage requirements, and the other provisions of this chapter. In addition to the foregoing conditions, a private recreational court shall comply with the following requirements:
[Amended 7-28-2003 by L.L. No. 2-2003]
(1)
The lot or premises upon which the court or facility is located shall have a minimum area of 40,000 square feet.
(2)
The maximum lot coverage of a court or other such facility and any structure accessory thereto, including impervious surfaces, shall not exceed 8,000 square feet in the aggregate.
(3)
(Reserved)
(4)
(Reserved)
(5)
No private recreational court or facility may be constructed, maintained or used within the Village for rent, lease or any commercial purpose.
(6)
Construction and maintenance of platform or deck tennis courts or facilities is prohibited on private residential properties within the Village.
(7)
No private recreational court, including the fence enclosing it, shall be built or maintained in a front yard nor within 20 feet of a rear or side lot line.
(8)
All private recreational courts shall be completely enclosed with a chain link fence, which shall be constructed and maintained in accordance with the following specifications, so long as the court remains in existence:
(a)
Height: not less than 10 feet nor more than 12 feet above the playing surface.
(b)
Fabric: not less than nine-gauge steel having a uniform square mesh with two inches between parallel sides. The mesh shall have a green plastic coating.
(c)
End and comer posts: 2 1/2 inches ID galvanized pipe with a wall thickness of 0.203 of an inch.
(d)
Line posts: two inches ID galvanized pipe with a wall thickness of 0.154 of an inch.
(e)
Horizontal lines: three horizontal rails running between the vertical posts situated at the top, center and bottom of the chain link fabric. These rails shall be 1 1/4 inches ID galvanized pipe having a wall thickness of 0.14 of an inch.
(f)
Distance between posts: not more than 10 feet.
(9)
All private recreational courts and the fencing surrounding them shall be completely screened from adjoining properties by a living screen of coniferous trees. Said trees shall be at least four feet in height when planted and shall be planted five feet on center between the fence surrounding the court and the lot lines of the lot on which the court is located, on all sides of the court not facing the dwelling.
(10)
The height of the playing surface of the private recreational court shall not be above the existing mean level of the ground immediately surrounding the court area in its natural state prior to construction of the court.
(11)
No private recreational court shall be constructed or maintained so as to permit any drainage water to flow onto adjacent properties or public streets.
(12)
(Reserved)
(13)
No sound equipment may be installed or used in connection with any private recreational court or the use thereof. If so permitted by the Board of Appeals, such court may be lit, provided that no such lighting shall cast light or reflected light onto adjacent property. Unless otherwise permitted by the Board of Appeals, no such court shall be used or operated except between the hours of 9:00 a.m. and dusk on the same day.
(14)
Building permits and certificates of occupancy for private recreational courts must be obtained from the Building Inspector in accordance with the provisions of the Building Code of the Village of Woodsburgh.
§ 150-39.1 Certain activities in front yards.
[Added 9-25-2006 by L.L. No. 4-2006]
A.
No owner or occupant of property in the Village, and no other person, shall engage in or permit any of the following activities to occur or take place in the front yard of any property in the Village:
(1)
Installation, placement or maintenance of a barbecue, or other cooking facility or equipment, whether permanent or portable;
(2)
Installation, placement or maintenance of tables, including picnic tables or other similar facilities, whether permanent or portable;
(3)
Installation, placement or maintenance of any tent, or other similar structure or enclosure, whether permanent or temporary in nature;
(4)
Cooking, or consumption of food or drink by more than three persons.
B.
Notwithstanding the foregoing, any one or more of the foregoing activities may be conducted on a temporary basis with a permit from the Board of Trustees (which may be granted without a public hearing) in the case of a special event, provided that no such permit shall be valid for more than 10 consecutive days, and no such permit shall be granted more often than once per year for any property. For the purposes of this section only, in the case of a corner lot, the term "front yard" shall mean the yard in front of that portion of the dwelling where the front door of the dwelling is located.
§ 150-39.2 Required plantings.
[Added 11-15-2021 by L.L. No. 5-2021]
In any instance where a decision of a board or the Building Department requires the planting of bushes, hedges or other plantings, such plantings shall be:
A.
Planted and maintained at a minimum height of four feet;
B.
Evergreen;
C.
Of a size, species and location approved by the Building Department;
D.
Planted using the best current, commercial practices for successful planting; and
E.
Compliant with any other reasonable requirements of the Building Department.
§ 150-39.3 Artificial or synthetic turf.
[Added 7-24-2023 by L.L. No. 2-2023]
§ 150-40 Projections from buildings.
No building or part of a building shall be erected in or shall project into a rear yard, front yard or side yard, with the following exceptions:
A.
Cornices, eaves, gutters, chimneys or flues projecting not more than 18 inches or windowsills, belt courses or other ornamental features projecting not more than four inches.
B.
In any district, one-story bay windows projecting not more than 18 inches.
[Amended 4-16-1960]
D.
Accessory buildings other than private garages may be erected within the rear yard, provided that no such accessory building shall have a height of more than 18 feet, and it shall further comply with all rear, front and side yard regulations applicable to the residence district in which the accessory building is located.
[Amended 4-16-1960]
§ 150-41 Lots in more than one district.
In the case of a lot situated partly in two or more districts, no principal building, use or establishment shall be constructed, altered or maintained thereon except in conformity with the regulations applying to the most highly restricted district in which such building, use or establishment or any part thereof is situated; and no accessory building, use or establishment shall be constructed, altered or maintained unless the principal building use or establishment to which it is accessory is one permitted in the district in which such accessory building, use or establishment is situated.
§ 150-42 Water bodies to be included in districts.
Building zone districts include all ponds, streams and waterways adjacent thereto, whether or not so designated upon the Building Zone Map, including lands under water and lands hereafter formed by filling accretion, emergence, avulsion or otherwise. In case a pond, stream or waterway, as shown on said map, forms the boundary between two or more districts of the same class, the district shall be considered as continuous. In case a pond, stream or waterway, as shown on said map, forms the boundary between two or more districts of different classes, each district shall be deemed to extend to the center of the pond or the thread of the stream or waterway, as the case may be.
§ 150-43 Existing construction.
Nothing herein contained shall require any change in the plans of buildings, construction of which has proceeded above the level of the cellar throughout 50% or more of its area at the time of the passage of this chapter and the construction of which shall be diligently prosecuted within a year of the date of the passage hereof and the ground-story framework of which, including the second tier of beams, shall be completed within such year and which entire building shall have been completed within two years of the date of the passage of this chapter.
§ 150-43.1 Nonconforming uses and structures.
[Added 6-17-1992 by L.L. No. 4-1992]
A. LEGAL NONCONFORMING STRUCTURE LEGAL NONCONFORMING USE
As used in this section, the following terms shall have the meanings indicated:
Any building or structure in the Village of Woodsburgh which was lawful at the time of its construction and which has continued in existence and use to and including the date of adoption for any zoning regulations of the village and which would not be permitted to be constructed or used pursuant to any such zoning regulations.
A use of property in the Village of Woodsburgh which was lawful at the time of its commencement and which has continued to and including the date of adoption of any zoning regulations of the village and which would not be permitted to commence under any such zoning regulations.
B.
Any legal nonconforming use or legal nonconforming structure in the Village of Woodsburgh may continue to exist and to be used and maintained. Notwithstanding the foregoing, no such structure shall be altered, enlarged or otherwise reconstructed or replaced except in conformity with the laws of the Village of Woodsburgh in effect at the time of such alteration, enlargement, reconstruction or replacement Notwithstanding the foregoing, no such use may be altered, enlarged, located, relocated or otherwise moved or transferred to any part of property on which such use was not in existence or use at the time of enactment of any zoning law of the Village of Woodsburgh which made such use a legal nonconforming use.
C.
No use or structure in the village may be used or occupied or maintained for any purpose unless said use or structure conforms to the village laws or is a legal nonconforming use or structure.
D.
In the event that any legal nonconforming use or legal nonconforming structure is abandoned or such use or structure is not used or occupied or continued for a period of 12 consecutive months, the legal nonconforming status of such use or structure shall be deemed to have been abandoned, and thereafter such use or structure shall not be used or occupied except in conformity with the then-existing laws of the village.
§ 150-44 Restorations.
Nothing in this chapter shall prevent the restoration of a building destroyed by fire, explosion, act of God or act of a public enemy, to the extent of not more than 50% of its value, or prevent the continuance of the use of such building or part thereof as such use existed at the time of such destruction in such building or part thereof or prevent a change of such existing use under the limitation provided by § 150-46B, but any building destroyed in the manner aforesaid to an extent exceeding 50% of its value at the time of such destruction may be reconstructed and thereafter used only in such manner as to conform to all the provisions of this chapter. Nothing in this chapter shall prevent the restoration of a wall declared unsafe.
§ 150-45 Public streets.
For the purpose of computing the building area, the size of the lot, the rear yards, front yards and side yards, any proposed street or streets shown on any official map or plan of the village or any amendment or modification thereof now or hereafter duly adopted by the Planning Board or Planning Commission or Board of Trustees of the Village of Woodsburgh, Inc., shall be considered a public street with the same force and effect as if the same had been duly opened and improved and made available for public use; provided, however, that upon the dedication of any such street or streets or any part thereof, the Board of Trustees may, in its resolution accepting such dedication, provide that the area of the street or part thereof so dedicated may be included in computing the building area, the size of lot and the depth of the yard abutting thereon under any application submitted within five years after the date of such resolution for the construction, alteration or use of a building or other structure upon the lot or lots of which the street or part thereof so dedicated formed a part.
§ 150-46 Apartment houses.
[Amended 9-8-1949; 1-14-1952]
A.
No apartment house shall be used or altered and no application shall be made for a building permit to alter an apartment house which shall have or be designated to have:
(1)
An exterior clothesline or clothespole or other device for drying or airing clothes, laundry, bedding or draperies.
(2)
Any side or rear wall or facade of a design or appearance or color substantially differing from that of the front wall or facade.
(3)
An exposed water tank.
(4)
An exposed shed or structure for the housing of elevator or other machinery.
B.
No apartment house shall be altered or used and no application shall be made for a building permit for the alteration of an apartment house unless:
(1)
The exterior design and appearance thereof shall be in harmony with the apartment houses, if any, previously constructed or authorized to be constructed upon the lot or lots adjacent thereto.
(2)
The plans and specifications thereof shall have been examined and approved as to type, design and exterior appearance and unless the plans and specifications for the disposal of sewage from such apartment house shall have been previously examined and approved as to type, design and adequacy by an architect or engineer appointed for the purpose by the Board of Trustees of the Village of Woodsburgh, Inc. The approval or disapproval of such architect or engineer shall be final and binding for all purposes unless reversed or modified on appeal by the Board of Appeals.
(3)
The sewage from such apartment house shall be conveyed to and a connection made with a street sewer or a combined street stormwater drain and sewer.
§ 150-47 Swimming pools.
[Amended 1-20-1958; 10-17-1977 by L.L. No. 5-1977]
A. SWIMMING POOL OR POOL
Definitions. As used in this section, the following terms shall have the meanings indicated:
[Amended 9-24-1984 by L.L. No. 3-1984; 11-25-1991 by L.L. No. 3-1991]
Any water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land or an above-surface pool having a depth of more than 30 inches designed, used and maintained for swimming and bathing. A hot tub, jacuzzi tub, whirlpool tub or other type of outdoor bathing tub shall not be considered a swimming pool.
B.
No swimming pool shall be constructed or erected unless a permit for the same shall have been issued by the Board of Appeals of the Village of Woodsburgh. An application for such permit shall be accompanied by plot, site and building plans of such pool showing dimensions, design, location and use of all structures, equipment, drainage, sanitary filtration, water supply and disposal facilities, fencing, covering of pool and such other information as may be required by said Board.
[Amended 1-9-1992 by L.L. No. 2-1992; 11-26-2002 by L.L. No. 2-2002]
C.
No swimming pool in a residential area shall be constructed or maintained above the ground or upon any deck or platform.
D.
Notwithstanding any other provisions contained in the Building Zone Ordinance of the Village of Woodsburgh, every swimming pool hereafter constructed, modified or altered shall be enclosed by a fence of such type as may be approved by the Building Inspector of the Village of Woodsburgh, which conforms to all applicable legal requirements, and which does not exceed the minimum height required by law for such fences. Said fence is to be properly screened with shrubs and plants located outside the fence, and such fence shall be located at least four feet from the pool.
[Amended 1-9-2006 by L.L. No. 1-2006]
E.
Every swimming pool or hot tub heretofore or hereafter constructed or maintained shall be completely drained when not in regular use or shall be covered by a cover of such construction as to sustain the weight of an average adult individual. The cover is to be properly and securely anchored around the perimeter of the pool or hot tub.
[Added 9-24-1984 by L.L. No. 3-1984]
F.
Should the owner abandon a swimming pool, he/she shall fill in or remove the excavation or depression and restore the surface of the ground to its original grade and approximately the same condition as before the pool was installed, and he/she shall further notify the Building Inspector of the village of the abandonment so that an inspection of the site may be made.
H.
No swimming pool shall be built or maintained except in a rear yard as defined by the Building Zone Ordinance of the village. The pool, including the fences surrounding it and the foundation for the purifying apparatus, if any, shall be located not less than 25 feet from the rear lot line and not less than 25 feet from the side property lines of the premises or, in the case of a corner lot, not less than 25 feet from any property line along an abutting street.
I.
For the purpose of computing the building area, the fence along the side of a swimming pool, the base for the spring-board or diving platform and the foundation for the purifying apparatus, if any, shall be included.
[Amended 9-19-1988 by L.L. No. 5-1988]
J.
The bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools shall be maintained either by chemical treatment or filtration.
K.
No permission shall be granted for the installation of any swimming pool until the owner of the premises has filed a certification by a professional engineer licensed by the State of New York that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with public highways. Plans and specifications must be submitted by a professional engineer or registered architect licensed by the State of New York, and a fee as set by resolution of the Board of Trustees from time to time must be paid to the Clerk of the village at the time of filing plans. The fee to be paid upon each annual renewal shall be as set by resolution of the Board of Trustees from time to time.[2]
[Amended 12-11-1989 by L.L. No. 25-1989]
[2]
Editor's Note: The fees provided for in this section are included on the schedule of fees on file in the office of the Village Clerk.
L.
All gates, latches, locks, pumps, plumbing, piping and any and all other parts of and accessories to a swimming pool within the village shall be continuously maintained in good order and proper repair. The Building Inspector shall be empowered to enforce the regulations herein set forth and to compel the removal of any swimming pool that fails to meet the requirements of this chapter.
M.
The pool or any auxiliary apparatus or equipment or other device used in connection therewith shall be used in such a manner as not to cause disturbance or annoyance to other residents of the village. No loudspeaker devices shall be permitted to be used on or near the pool or in connection with the use of the pool. The pool shall be lighted by underwater lighting only, and the balance of the pool area shall be lighted only with nonglaring lights.
§ 150-48 Places of worship and schools.
[Amended 2-29-1960; 5-15-1989 by L.L. No. 16-1989]
In addition to the regulations and requirements elsewhere contained in the laws of the Village of Woodsburgh, all churches and other places of worship, schools and structures accessory thereto hereafter erected or altered shall comply with the following requirements, and no lot or premises on which such a use is situated shall be used except in compliance with such requirements:
A.
Height. No such building or use, except a building devoted exclusively to public worship, shall have a height of more than two stories or 30 feet above the curb level of the lot.
B.
Building area. No such building, together with its accessory structures, shall occupy in the aggregate more than 25% of the area of the lot.
C.
Size of lot. No such building or use shall be permitted on a lot having an area of less than 80,000 square feet.
D.
Rear yard. Every such building shall have a rear yard of a minimum depth of 50 feet. No accessory structure shall be built in the rear yard closer than 50 feet to the rear property line.
E.
Front yards. Every such building shall have a front yard of a minimum depth of 75 feet. No accessory structure or use is permitted in the front yard.
F.
Side yards. The side yard of every such building shall have a minimum width of 50 feet. No accessory structure is permitted in the side yard.
G.
Minimum street frontage. No such building or use shall be permitted on a lot having a street frontage of less than 150 feet. In the case of a lot adjoining more than one street, the frontage on each street shall be not less than 150 feet.
§ 150-49 Off-street parking.
[Added 12-12-1964]
A.
No building shall be hereafter erected, altered or added to for use as a place of worship or as a school or for purposes incidental thereto unless off-street parking on the premises shall be provided for to the extent of the greater of either:
(1)
Not less than one parking space for each five permanent seats in such building or for each part of the total area within such building or structure as is or may be made available for five permanent or temporary seats; or
(2)
Two hundred square feet for each 100 square feet of floor area in the building.
B. FLOOR AREA PARKING SPACE
As used in this section, the following terms shall have the meanings indicated:
The number of square feet of all used or usable floors, regardless of the number of stories, and including floors below grade. In computing the off-street parking area above set forth, driveways within the same and approaches thereto shall not be taken into consideration in computing such area.
An off-street paved or surfaced space available and usable for the parking of one motor vehicle, having dimensions of not less than 10 feet by 20 feet, exclusive of passageways, aisles, driveways and other required space appurtenant thereto and giving access thereto and having direct access to a street.
C.
Said off-street parking area shall be constructed with not less than four inches of crushed rock compacted or other suitable material as approved by the Village Engineer and penetrated with asphalt material not less than two inches bituminous wearing course compacted.
D.
Each parking area must be provided with adequate facility for drainage. Such drainage shall not drain into village roads or village draining system but shall be self-contained and constructed in a manner to be approved by the Village Engineer.
E.
In no case shall any parking space required by this section be located in the front yard or in the required setback areas of the side and rear yards as defined in the Building Zone Ordinance.
F.
All parking spaces required by this section shall be maintained in good condition and have adequate means of ingress and egress as approved by the Building Inspector of the Village of Woodsburgh.
G.
Notwithstanding any other provisions contained in the Building Zone Ordinance of the Village of Woodsburgh, every parking area heretofore or hereafter constructed or maintained shall be enclosed with a good quality solid sapling fence, six feet in height, with the finished side facing the property lines and entirely enclosing the parking area, with the exception of the parts used for ingress and egress. Said fence is to be properly landscaped and screened with shrubs and plants to be situated on the outside of the fence.
§ 150-50 Fences.
A.
No fence or wall shall hereafter be erected or installed in the Village unless and until a permit for the same has been issued by the Building Official. No permit shall be issued for the erection of any fence or wall unless a survey, drawings and specifications shall first have been approved by the Building Official. No permit shall be required for the repair or replacement of a lawfully existing fence, or any portion thereof, where the repair or replacement is in kind, without the addition of new materials and without the extension, alteration or expansion of the fence or any part thereof, so long as the repair or replacement does not exceed 50% of the existing surface area of the fence.
[Amended 9-27-2004 by L.L. No. 3-2004]
B.
Except as otherwise provided by law with respect to a fence erected or installed in connection with a swimming pool, no fence or wall in excess of four feet in height, as measured from the natural grade adjacent to such fence or wall, shall be permitted. This provision shall not apply to the repair or replacement in kind of an existing fence or wall, provided that the height of such existing fence or wall is not increased.
C.
No fence or wall shall be erected or installed within five feet of a front property line. Where a fence, or any portion thereof, is otherwise permitted to be located in a front yard, the portion of the fence which is located generally parallel to the front property line shall not exceed 50% of the linear dimension of the front property line(s).
[Amended 11-22-2004 by L.L. No. 4-2004]
D.
All fences and walls shall be made of first-class materials and shall be constructed and installed in the best workmanlike manner known to the trade. All fences and walls shall be sturdy, plumb, level and true. Fences may be constructed of wood, masonry, metals, PVC plastic, or combinations thereof, or such other materials as may be satisfactory to the Board of Trustees (which determination may be made without a public hearing). All metal fences shall have a protective coating, and those fences of a style or type of construction known as "chain link" or "cyclone" shall comply with the specifications of the Chain Link Manufacturers' Institute. All wood fences shall have wood posts spaced not more than 12 feet apart. That portion of any fence, or its support structure, embedded in the ground shall be either of nonrotting materials or shall be treated in a manner to prevent or minimize rotting. Horizontal rails shall be securely fastened to the posts and shall be of sufficient strength to span the distance between the posts. Masonry fences or walls shall be set on a concrete footing at a depth not less than 18 inches into the ground.
[Amended 6-25-2001 by L.L. No. 3-2001[2]]
[2]
Editor's Note: With the adoption of this local law, the Board of Trustees passed a resolution stating that the purpose of this legislation is to permit a wider variety of materials to be used for fences and to require that open fences constructed of chain link have adequate exterior landscaping to the end that unsightly appearance may be eliminated or mitigated.
E.
All fences shall be properly maintained, and all gates and latches shall be maintained in good working order.
F.
All fences shall be constructed so that the finished side shall face the adjoining premises, or the street, as the case may be. In addition, all fences of any type deemed by the Building Official to be other than an "open fence" (except that such term shall not include a chain-link fence) shall be located a distance from the property line sufficient to permit appropriate landscaping to be placed and maintained on the property of the applicant, and between the fence and the property line, to screen the view of the fence from off the property on which it is located. The plan for such required landscaping shall be submitted to the Building Official with the permit application, and the installation and continued maintenance of such landscaping shall be a condition of any permit issued for such fence, whether or not stated in such permit. Where an applicant for a permit can demonstrate to the Building Official that it is impractical to install or maintain such landscaping by reason of the proximity of an existing fence on an adjoining property, the Building Official may issue a permit for erection or installation of the fence without requiring the installation and maintenance of landscaping, provided, however, that any such permit shall in such event be issued on the condition, whether or not expressly stated in the permit, that in the event that the fence on the adjoining property is removed, or ceases to exist as a functional fence, the permit applicant, or the successor in interest of such applicant, will install and maintain appropriate screen landscaping as approved or directed by the Building Official.
[Amended 6-25-2001 by L.L. No. 3-2001][3]
G.
Chain-link or cyclone fencing shall not be permitted in any location where such fencing is visible from the public right-of-way or any private property on which the fencing is not located.
[Added 11-15-2021 by L.L. No. 4-2021]
[1]
Editor's Note: According to this local law, its purpose is to add regulations regarding fences that are not of an open design. The Board of Trustees intends to regulate the setback of such fences so that landscaping can and must be installed and maintained to screen the view of the fence from adjoining properties, except in cases in which the fence faces another fence on an adjoining property making it impractical or unfeasible to install and maintain landscaping between the fences.
§ 150-50.1 Signs.
[Added 3-25-1996 by L.L. No. 3-1996]
A.
Definition. As used in this chapter, the term "sign" shall mean and refer to any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used on a temporary or permanent basis to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, movement, sound, fixtures, colors, illumination or projected images. The term "sign" shall also include any text, symbol, lights, marks, letters or figures painted or otherwise displayed on or incorporated in the composition of the exterior facing of a building or structure. The term "sign" shall not include a national or state flag having a surface area on any side not in excess of 20 square feet nor any object, device, display or structure, or part thereof, erected or installed by lawful direction of a governmental entity or agency.
B.
No sign shall be erected or maintained on any building or premises in the Village of Woodsburgh, except as follows:
(1)
Not more than one real estate sign, advertising the sale or rental of the premises on which such sign is maintained.
(2)
Not more than one sign for the purposes of identifying the name, address, occupant and permitted nonresidential use of the premises on which such sign is located, which sign shall not have a vertical dimension or horizontal dimension greater than one foot.
(3)
Signs promoting or opposing the candidacy of any person for public office or expressing a point of view concerning a public issue or an election. Such signs may be displayed or maintained for no more than 45 days within any four-month period, unless a permit is obtained from the Board of Trustees. Any such permit may be granted by said Board subject to reasonable restrictions and conditions as to the size, location, time and duration, place and manner of display of such signs.
(4)
Not more than three signs indicating that the subject premises are protected by a security system, or security service, provided that no such sign shall exceed one square foot in area.
(5)
Such other signs as the village is required by law to permit, provided that no such sign shall be erected, constructed or maintained without the prior permission of the Board of Trustees. Such permission may be granted subject to reasonable restrictions and conditions as to the size, location, time and duration, place and manner of display of such signs.
C.
Notwithstanding any other provision of this section, no sign shall be erected or maintained on any building or premises to advertise any commercial or business activity or enterprise which is not conducted at such premises. This prohibition shall include the indication or display of the name, address or telephone number, or other identifying information, as to or about any person, firm or entity having a role or interest with respect to any construction or repair work, or other similar activity, which is, will be or has been conducted on the premises, if such person, firm or entity does not have a lawful regular place of business at the premises.
D.
Except as otherwise provided in this section:
(1)
The total area of all signs permitted on any premises shall not exceed six square feet.
(2)
The area of any individual sign shall not exceed three square feet.
(3)
No sign shall be located in a side or rear yard. Notwithstanding any other provision of this chapter, a sign permitted by this section may be located in a front yard, provided that such sign is located at least 15 feet from every property boundary line.
(4)
No sign shall be illuminated nor contain any moving parts nor emit any sound audible beyond the boundaries of the property on which it is located.
(5)
No part of any sign or its support structure shall exceed six feet in height above the unaltered grade of the ground adjacent to such sign.
§ 150-50.2 Air-conditioning units.
[Added 6-25-2001 by L.L. No. 2-2001[1]]
Notwithstanding any other provision of this chapter, no air conditioning unit or equipment shall be located in a front yard, or within 15 feet of a property line in the side yard or rear yard of any property; provided, however, that where the minimum required side or rear yard setback for any property is 18 feet or less, no such unit or equipment shall be located closer to the property line than 4.5 feet less than the required minimum setback. No air-conditioning compressor unit or similar equipment may be installed or relocated on or after the effective date of this section unless the unit or equipment is sufficiently screened from neighboring properties by natural plantings, of a species, height and separation approved by the Code Official, or other appropriate barrier approved by the Code Official, for that purpose and to reduce the noise effect of such unit or equipment neighboring property, and such natural plantings or barrier shall be maintained in good condition at all times so long as such unit or equipment remains on the property.
[1]
Editor's Note: With the adoption of this local law, the Board of Trustees passed a resolution stating that the purpose of this legislation is to enact minimum setback requirements for adequate screening for such equipment, to the end that noise and unsightly appearance may be eliminated or mitigated.
§ 150-51 Siting of wireless communications towers and antennas.
[Added 1-17-1989 by L.L. No. 1-1989; amended 3-23-1998 by L.L. No. 1-1998]
A.
Purpose. The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section are to protect residential areas and land uses from potential adverse impacts of towers and antennas; encourage the location of towers in nonresidential areas; minimize the total number of towers throughout the community; strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques; enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; consider the public health and safety of communication towers; and avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the village shall give due consideration to the village's Comprehensive Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
B. ALTERNATIVE TOWER STRUCTURE ANTENNA BACKHAUL NETWORK FAA FCC HEIGHT PREEXISTING TOWERS and PREEXISTING ANTENNAS TOWER
Definitions. As used in this section, the following terms shall have the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.
C.
Applicability.
(2)
Amateur radio station operators and receive-only antennas. This section shall not apply to any tower, or the installation of any antenna, that is under 40 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(4)
AM array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
(5)
Television reception and satellite reception only antennas. Notwithstanding any other provision of this section, antennas extending not more than four feet in height above the building or structure upon which they are located, and used only for reception of television signals, and antennas used only for the purposes of receiving satellite signal transmissions, and having a diameter not more than two meters when located in a business district, or not more than one meter in diameter when located in a residential or multifamily residential district, are not subject to regulation pursuant to this section, and do not require a building permit, provided that such antenna is located on the roof of a principal building or within a building.
D.
General requirements.
(1)
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
(2)
Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(3)
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Building Official an inventory of its existing towers, antennas or sites approved for towers or antennas that are either within the jurisdiction of the village or within one mile of the border thereof, including specific information about the location, height and design of each tower. The Building Official may share such information with other applicants applying for administrative approvals or special use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the village; provided, however that the Building Official is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(4)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
(c)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(5)
Lighting. Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(6)
State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(7)
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Building Official concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(8)
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the village irrespective of municipal and county jurisdictional boundaries.
(9)
Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.
(10)
Franchises, owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the village have been obtained and shall file a copy of all required franchises with the Building Official.
(11)
Public notice. For purposes of this section, any special use request, variance request or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Subsection G(2)(e)[2], Table 2, in addition to any notice otherwise required by the Village Code for such applications.
(12)
Signs. No signs shall be allowed on an antenna or tower.
(13)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection H of this section.
(14)
Multiple antenna/tower plan. The village encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
E.
Permitted uses.
(1)
General. The uses listed in this subsection as permitted uses shall not require any approval from the village.
F.
Administratively approved uses.
(1)
General. The following provisions shall govern the issuance of administrative approvals for towers and antennas.
(a)
The Building Official may administratively approve the uses listed in this subsection.
(b)
Each applicant for administrative approval shall apply to the Building Official by providing the information set forth in Subsection G(2)(a) and (c) of this section and a nonrefundable fee as established by resolution of the Board of Trustees to reimburse the village for the costs of reviewing the application.
(d)
The Building Official shall respond to each such application within 60 days after receiving it by either approving or denying the application. If the Building Official fails to respond to the applicant within said 60 days, then the application shall be deemed to be approved.
(f)
In connection with any such administrative approval, the Building Official may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.
(2)
List of administratively approved uses. The following uses may be approved by the Building Official after conducting an administrative review:
(a)
Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in a residential district, provided that said antenna or tower complies with all applicable yard and setback requirements, and is for the exclusive use of the owner or residential occupant of the property.
(b)
(Reserved)
(c)
(Reserved)
(d)
(Reserved)
(e)
Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.
G.
Special use permits.
(1)
General. The following provisions shall govern the issuance of special use permits for towers or antennas by the Board of Trustees.
(a)
If the tower or antenna is not a permitted use under Subsection E of this section or permitted to be approved administratively pursuant to Subsection F of this section, then a special use permit from the Board of Trustees shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
(b)
Applications for special use permits under this subsection shall be subject to the procedures and requirements of this chapter generally applicable to special use permit applications, except as modified in this subsection.
(c)
In granting a special use permit, the Board of Trustees may impose conditions to the extent the Board of Trustees concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(d)
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
(e)
An applicant for a special use permit shall submit the information described in this subsection and a nonrefundable fee as established by resolution of the Board of Trustees to reimburse the village for the costs of reviewing the application.
(2)
Towers.
(a)
Information required. In addition to any information required for applications for special use permits pursuant to this chapter, applicants for a special use permit for a tower shall submit the following information:
[1]
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), zoning classification of the site and all properties within the applicable separation distances set forth in Subsection G(2)(e), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Building Official to be necessary to assess compliance with this section.
[2]
Legal description of the parent tract and leased parcel (if applicable).
[3]
The setback distance between the proposed tower and the nearest residential unit, and all adjoining properties.
[4]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
[5]
A landscape plan showing specific landscape materials.
[6]
Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
[8]
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
[9]
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
[10]
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
[11]
A description of the feasible locations of future towers or antennas within the village based upon existing physical, engineering, technological or geographical limitations in the event that the proposed tower is erected.
(b)
Factors considered in granting special use permits for towers. In addition to any standards for consideration of special use permit applications pursuant to this chapter, the Board of Trustees shall consider the following factors in determining whether to issue a special use permit, although the Board of Trustees may waive or reduce the burden on the applicant of one or more of these criteria if the Board of Trustees concludes that the goals of this section are better served thereby:
[1]
The height of the proposed tower.
[2]
The proximity of the tower to residential structures and residential district boundaries.
[3]
The nature of uses on adjacent and nearby properties.
[4]
The surrounding topography.
[5]
The surrounding tree coverage and foliage.
[6]
The design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
[7]
The proposed ingress and egress.
(c)
Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Board of Trustees that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Board of Trustees related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
[1]
No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.
[2]
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
[3]
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
[4]
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
[5]
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
[6]
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
[7]
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(d)
Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the Board of Trustees may reduce the standard setback requirements if the goals of this section would be better served thereby:
(e)
Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Board of Trustees may reduce the standard separation requirements if the goals of this section would be better served thereby.
[1]
Separation from off-site uses/designated areas.
[a]
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
[b]
Separation requirements for towers shall comply with the minimum standards established in Table 1.
Table 1 | |
|---|---|
Off-Site Use/Designated Area | Separation Distance |
Single-family residential units | 200 feet or 300% height of tower, whichever is greater |
Vacant residentially zoned land | 200 feet or 300% height of tower,1 whichever is greater |
Multifamily residential units | 100 feet or 100% height of tower, whichever is greater |
Nonresidentially zoned lands or nonresidential uses | None; only setbacks apply |
NOTE: |
|---|
1 Separation measured from base of tower to closest building setback line. |
[2]
Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.
Table 2 | ||||
|---|---|---|---|---|
Existing Towers - Types | ||||
Lattice | Guyed | Monopole 75 feet in Height or Greater | Monopole Less Than 75 feet in Height | |
Lattice | 5,000 | 5,000 | 1,500 | 750 |
Guyed | 5,000 | 5,000 | 1,500 | 750 |
Monopole 75 feet in height or greater | 1,500 | 1,500 | 1,500 | 750 |
Monopole less than 75 feet in height | 750 | 750 | 750 | 750 |
(f)
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Board of Trustees may waive such requirements, as it deems appropriate.
(g)
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Board of Trustees may waive such requirements if the goals of this section would be better served thereby.
[1]
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
[2]
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
[3]
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
H.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(a)
The cabinet or structure shall not contain more than 300 square feet of gross floor area or be more than 15 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 200 square feet of gross floor area or 10 feet in height, shall be located on the ground and shall not be located on the roof of the structure.
(b)
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 15% of the roof area.
(c)
Equipment storage buildings or cabinets shall comply with all applicable building codes.
(2)
Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
(a)
In residential districts, the equipment cabinet or structure may be located:
[1]
In a front or side yard, provided that the cabinet or structure is no greater than three feet in height or six square feet of gross floor area and the cabinet/structure is located a minimum of 20 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 48 inches and a planted height of at least 36 inches.
[2]
In a rear yard, provided that the cabinet or structure is no greater than three feet in height or six square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least eight feet and a planted height of at least 36 inches.
(b)
In any nonresidential district the equipment cabinet or structure shall be no greater than six feet in height or 12 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of at least eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet in height or an evergreen hedge with an ultimate height of at least eight feet and a planted height of at least 36 inches.
(3)
Antennas located on towers. The related unmanned equipment structure shall not contain more than 60 square feet of gross floor area or be more than five feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
I.
Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Village notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
J.
Nonconforming uses.
(1)
Not expansion of nonconforming use. Towers that are constructed and antennas that are installed in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
(2)
Preexisting towers. Preexisting towers which were legally established shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.
(3)
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding the provisions of Subsection I, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in Subsections G(2)(d) and (e). The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection I.
§ 150-52 Service stations.
No public garage or automobile service station shall be permitted in any district.
§ 150-52.1 Storage containers, temporary.
[Added 2-26-2007 by L.L. No. 1-2007]
A. STORAGE CONTAINER
Definitions. As used in this section, the following terms shall have the indicated meaning except where the context clearly demonstrates otherwise:
Any container located outdoors on a residential property, and which is used or intended to be used for the purpose of storing or keeping household goods and other personal property. The term "storage container" as used in this section shall not include a shed or garage.
B.
Prohibition. No person or entity shall locate, or permit to be located, any storage container on any property in the Village without a permit as authorized by this section.
C.
Permit required; regulations. Upon proper written application pursuant to this section, the Building Inspector may issue a permit for a storage container, subject to the conditions set forth in this section.
(1)
The form of such application shall be established by the Building Department.
(2)
Such application shall be accompanied by payment of a fee in an amount determined from time to time by resolution of the Board of Trustees.
(3)
A permit for a storage container may be granted only in the event there is existing and in effect at all times during the period the storage container is on the property a valid building permit with respect to improvements to a one- or two-family dwelling located on the same property.
(4)
No more than one storage container shall be permitted on the property at one time, and such storage container shall not occupy a ground area in excess of 120 square feet, nor be more than eight feet in height.
(5)
Any authorized storage container shall be set back not less than five feet from the side and rear property lines and from any structures on the property. A storage container located in the front yard shall be set back not less than 10 feet from the front property line.
(6)
In determining whether to grant a permit for a storage container, the Building Inspector shall consider the rights and interests of owners and occupants of adjoining properties, to the end that such adjoining properties not be deprived or unduly limited in light, air or reasonable use during the period of time that the storage container is on any property.
(7)
The duration of any permit for a storage container shall not exceed 60 days, except that upon written application and payment of any additional fee as may be from time to time established by the Board of Trustees, the Building Inspector may extend the duration of such permit for an additional period of time not to exceed 30 days. Further extensions of time shall be in the discretion of the Building Inspector upon good cause shown.
(8)
Storage containers shall be removed from the property no later than the date of permit expiration.
(9)
In granting or extending any permit pursuant to this section, the Building Inspector may impose reasonable conditions where such conditions are determined to be necessary to protect the public health, safety or general welfare.
(10)
Any permit issued pursuant to this section may be revoked by the Building Inspector if, after due investigation, it is determined that the permit holder has violated any condition of this section or of such permit, that the container is being maintained in an unsafe condition, or that the container is a nuisance. Written notice of such revocation shall be given either by personal delivery to the permit holder or the owner of the property on which the container is located, or by mailing such notice to such person or entity in a sealed postage paid envelope addressed to the permit holder or the property owner at the address indicated for such person or entity in the records of the Building Department.
§ 150-53 Parking fields.
[Added 9-8-1949]
No private or public parking fields shall be permitted in any district, except as a special exception by the Board of Trustees of the Village of Woodsburgh.
§ 150-54 Private garages.
[Amended 4-16-1960]
No private garage shall occupy more than 5% of the area of the lot. Where more than one private garage is erected on one lot, the combined area of all of such garages or groups of garages shall not exceed 5% of the lot. No private garage shall be permitted within a side yard or within a rear yard except under the following conditions:
A.
In a residence district, when used as accessory to a dwelling for not over one family or one housekeeping unit only, a private garage may be constructed in a rear yard, provided that no part thereof is nearer than four feet from the nearest property line, except in the Residence A District, where the same shall not be nearer than 15 feet from the nearest property line, and except in the Residence 1A District, where the same shall not be nearer than 30 feet from the nearest property line, and except in the Residence 2A District, where the same shall not be nearer than 40 feet from the nearest property line.
[Amended 11-27-1989 by L.L. No. 24-1989]
B.
In a Residence D District, when used as accessory to a church, club, school or apartment house, if authorized as a special exception by the Board of Appeals under conditions as to construction below grade, filling and grading at the rear and sides thereof, landscaping and the like which will avoid injury or annoyance to adjoining property owners and under such other conditions as the Board of Appeals may determine; provided, however, that no such garage accommodating more than five motor vehicles or any part thereof shall be situated nearer than 15 feet to the rear line or nearer than 10 feet to any side line, and no such garage accommodating fewer than five motor vehicles or any part thereof shall be situated nearer than four feet to the nearest property line.
§ 150-55 Excavations.
[Added 7-17-1942; amended 1-23-1945]
A.
No excavations other than for construction of walls, buildings and parts thereof shall be commenced except in conformity with the provisions of this chapter.
B.
Before any excavation for purposes other than the construction of a wall, building or part thereof or for public use is commenced and topsoil, earth, sand, gravel, rock or other substance is removed from the ground, the owner or lessee of the premises or agent of either shall obtain a written permit therefor and for that purpose shall file with the Clerk of the Village at his office an application, in duplicate, for a permit containing a detailed statement of the proposed work and a plan setting forth in detail the extent of the proposed excavation. Such statement and plan shall state and show the exact condition of the plot and premises before and after the proposed excavation.
C.
Every application for such permit shall be accompanied by a building plan as drawn to scale, giving the location and dimensions of the premises upon which it is proposed to excavate and the location of any existing buildings, and also a sworn statement, in writing, giving the full name and address of the owner of the premises.
D.
No such excavation shall be made within 10 feet of any street line nor unless adequate barricades are erected and maintained and adequate provisions made for the prevention of flying dust and unless the excavation is immediately refilled with clean nonburnable fill containing no garbage, refuse, offal or any deleterious or unwholesome matter and dust-down or its equal is spread to prevent dust from flying and such premises are graded to the level of the abutting highway where such excavations are below street level; provided, further, that, in the case of removal of topsoil, there shall be left at least six inches of topsoil upon the surface from which the topsoil is removed, and the area from which the topsoil is taken shall be immediately reseeded with rye or other fast-growing vegetation until growth is established.
E.
Before the issuance of a permit, the one to whom the permit is to be issued shall execute and file with the Village Clerk a bond, approved by the Board of Trustees of the Village of Woodsburgh and in an amount to be fixed by said Board, but not less than $2,000, with a surety company as surety and conditioned for the faithful performance of all conditions contained in this section, the observance of all municipal ordinances and to indemnify the Village of Woodsburgh or any resident thereof for any damage to its or his property or person respectively.
G.
Such permit shall expire by limitation 20 days from the date of its issuance unless extended.
H.
Nothing contained in this section shall require a person to obtain a permit to remove or prevent a person from removing topsoil from one part of his lands to another part of the same premises when such removal is necessary as an accessory use or is made for the purpose of improving said property.