ARTICLE IX Supplementary Use and Dimensional Regulations

§160-32. Placement of accessory uses and buildings.

A. Accessory buildings, including garages, if detached from a main building or if connected only by an open breezeway-type structure, shall be not less than 10 feet from the main building.

B. A private garage may be constructed as a structural part of a main building, provided that when so constructed the garage walls shall be regarded as the walls of the main building in applying the front, rear, and side yard regulations of this chapter.

C. Accessory buildings and structures, including private garages, shall not be placed within a front yard, nor within a required side yard, except as provided in §160-33. In a rear yard accessory buildings and structures shall not be located within five feet of any property line.

D. [Amended 5-10-1993 by L.L. No. 9-1993; 8-8-1995 by L.L. No. 5-1995] A driveway may be located within a required yard. The section of the driveway running from the street line must be no more than 10 feet in width for at least 10 feet in length. The section of the driveway running from the garage may be permitted to be 20 feet in width, provided that said section shall be no more than 20 feet in length, and provided that the entire driveway must be at least five feet from any side lot line. Where there is no garage the driveway may not exceed 10 feet in width.

(1) In the event the property consists of a two-car garage, the driveway may provide for two-car access not to exceed the lesser of 20 feet or the width of the garage.

(2) With the exception of circular driveways, no portion of any driveway shall extend into that portion of a front yard between the side lines of the principal building. There shall be only one driveway permitted on any lot in the village.

(3) The modification or replacement of any driveway shall require a permit.

E. Off-street parking areas; parking in front yards.

(1) Accessory outdoor off-street parking areas for motor vehicles shall not be located or maintained in a required front or side yard and shall not be less than 10 feet from any lot line, except as provided in §160-36B(5). Any such outdoor off-street parking area in a residence district shall be screened by evergreen plantings maintained at a height of at least four feet.

(2) No automobile, motor vehicle or motorcycle shall be parked or left standing on any portion of the front yard of any property in the Village of East Williston except upon that portion of the front yard covered by a driveway. For purposes of this subsection, "driveway" shall mean the path leading directly from a street to a garage, exclusive of the sidewalk, and shall not include slabs, chevrons or aprons built to the side of the driveway, except that in the absence of a garage on the premises, "driveway" shall mean that portion of the front yard along the side lot line of the premises designated for the parking of motor vehicles.

F. No house trailer, mobile home, horse trailer, boat or boat trailer, or any similar equipment shall be parked or stored in any front yard or in any required side yard or within 10 feet of any lot line. Any such vehicle or stored vehicle or equipment shall be screened from view from adjacent properties by appropriate maintained evergreen plantings or, if possible, by a fence or wall erected in conformance with the provisions of §160-37. The parking or storage of a commercial vehicle on a lot in any district other than the Business District shall not be deemed an accessory use and is prohibited, except that the parking or storage of one commercial vehicle not exceeding one ton owned and used by the owner or tenant of the lot wholly within a private garage located on said lot shall be deemed an accessory use and is permitted. For the purposes of this section "commercial vehicle" shall be defined as any classification of vehicle under §501-a of the Vehicle and Traffic Law other than "personal use vehicle" which shall be defined as follows: a vehicle constructed or altered to be used for recreational purposes which is exclusively used to transport family members and for personal possession of such family members for nonbusiness recreational purposes by the operator, or a rental truck which is exclusively used to transport personal possessions of the person who rented the truck for nonbusiness purposes. [Amended 5-10-1993 by L.L. No. 9-1993]

G. No unlicenced vehicle shall be parked or stored outdoors.

H. Accessory off-street parking or truck loading areas shall be improved in accordance with village specifications.

I. Required accessory off-street parking area or truck loading space shall not be encroached upon by buildings, open storage, or any other use.

J. The storage of manure or of odor- or dust-producing substances as an accessory use shall not be permitted within 50 feet of any side or rear lot line or within 100 feet of any front lot line.

K. The keeping of more than two dogs more than six months old in outdoor shelters or pens or the keeping of any horses or farm livestock on the premises shall be prohibited.

L. The following accessory uses, buildings and structures shall be prohibited in all districts:

(1) Dish antennas shall be permitted to the extent that they must be located within the backyard and may not exceed 18 inches in diameter, and, notwithstanding the foregoing, dish antennas shall otherwise be permitted to the extent that the same are in compliance with all federal rules and regulations with respect to the same. [Amended 2-12-1996 by L.L. No. 2-1996]

(2) Home occupation or home professional office.

(3) Wind energy conversion system.

M. No accessory lighting facilities shall be permitted on any lot which direct light onto any abutting properties or create glare visible from any abutting properties, and any lighting controlled by sensor be shall be trained to the property line and rendered incapable of activation by objects outside the property line. [Amended 5-10-1993 by L.L. No. 9-1993]

N. Village residents shall be permitted to place and maintain curbing between their property and the village property along the street line provided that said curbing is composed of Belgian block only. Said curbing shall be deemed a structure for the purposes of the Municipal Code and shall require a permit and all other appropriate inspection as required by this Code with respect to structures within the village. [Added 12-11-1995 by L.L. No. 6-1995]

O. No garages shall be permitted to be partially or fully below finished grade. [Added 5-11-1998 by L.L. No. 4-1998]

§160-33. Lot area, lot coverage, lot width and yards.

A. With respect to lot coverage.

(1) In addition to the district regulations limiting total building area coverage of lots, in a required rear yard the total area of accessory buildings and structures shall not cover more than 40% of such required rear yard.

(2) The calculation of this percentage of rear yard coverage shall include those yard areas covered by temporary structures and open storage of more than an incidental transitory character.

B. With respect to yards.

(1) The following accessory structures may be located in any required front or rear yard:

(a) Awning or movable canopy not exceeding 10 feet in height or projecting more than eight feet into the yard.

(b) Retaining wall, fence or masonry wall, pursuant to §160-37.

(c) Unroofed steps: patio or terrace not higher than one foot above ground level.

(2) Every part of a required yard shall be open to the sky unobstructed, except for accessory buildings and structures in a rear yard and the ordinary projection of sills, belt courses, and ornamental features projecting not more than six inches and cornices and eaves projecting not more than 18 inches from the building wall.

(3) Open or lattice-enclosed fireproof fire escapes or stairways, required by law, projecting into a yard not more than four feet, and the ordinary projections of chimneys and pilasters shall be permitted by the Building Inspector when placed so as not to obstruct light and ventilation.

(4) Where a lot extends through from street to street or is located on a corner, the applicable front yard regulations shall apply on both street frontages.

(5) The following minimum required transitional yards and screening shall be provided within nonresidential districts adjoining residential districts in order to assure orderly and compatible relationships along such boundary lines:

(a) Minimum required transitional side and rear yards shall be 10 feet.

(b) The minimum required screening with such transitional side and rear yards shall be six-foot-high evergreen landscape planting to be established and maintained by the nonresidential property owner along side and rear property lines.

§160-34. Height.

A. Nothing herein contained shall restrict the height of the following architectural and structural features:

(1) On any public or semipublic building, a spire, cupola, dome, belfry or clock tower.

(2) Flagpole, chimney flue, elevator or stair, bulkhead, or water tank as accessory facilities to permitted or conditional uses in a given district.

(3) Radio or television tower, transmission line or tower or similar structure necessary as a public service facility only after approval as a conditional use by the Village Board of Trustees.

B. No building or structure erected pursuant to this §160-34 to a height in excess of the height limit for the district in which it is situated shall:

(1) Have a lot coverage in excess of 10% of the lot area.

(2) Be used for residence or tenancy purposes.

(3) Have any sign, nameplate display, or advertising device of any kind whatsoever inscribed upon or attached to such building or structure.

C. No private radio or television antenna, mast or tower shall exceed the maximum permitted height prescribed for the district in which such proposed structure is to be located.

D. No deck or similar structure shall have a floor elevation more than three feet above the finished grade over which such structure is located.

E. Balcony restriction. Balconies shall be permitted within the Village of East Williston, except that no balcony may be functional. Only balconies that are decorative in nature shall be permitted. In any event no access doorways shall be permitted. [Added 5-10-1993 by L.L. No. 9-1993; amended 5-11-1998 by L.L. No. 4-1998]

§160-35. Sign regulations.

A. Professional signs and announcement signs in residential districts.

(1) A professional sign or an announcement sign for a home professional office shall bear only the name and profession of the resident. Such signs shall have a maximum area of 1/2 square foot and may be located on the building wall or in the required front yard, provided that it is set back at least 10 feet from all property lines and is not more than five feet above the natural ground level at its location.

(2) A church or other place of worship may have one announcement sign, not over 18 square feet in area, on each public street frontage of its property, either fixed on the main wall of the building or located in the required front yard, provided that it is set back at least 20 feet from the front property line and at least 25 feet from all other property lines.

(3) A parish house, club, school, or public or semipublic building may have one announcement sign not over six square feet in area on each public street frontage of its property, either fixed on the main wall of the building or located in the required front yard, provided that it is set back at least 20 feet from the front property line and at least 25 feet from all other property lines.

(4) A church or other place of worship, a parish house, club, school, or public or semipublic building may also have one temporary announcement sign, not over 32 square feet in area, on each public street frontage of its property, located in the required front yard, for a period not exceeding 30 days, for the purpose of announcing a special event, provided that it is set back at least 20 feet from the front property line and at least 25 feet from all other property lines. The sign permit for such a temporary sign shall automatically be deemed to be revoked 30 days after the date of issuance of such permit, and such temporary sign shall be removed from the premises upon the revocation of such permit. There shall be no fee for the permit for such temporary sign.

(5) Such signs may be double-faced.

B. Identification signs in the Business District.

(1) A wall identification sign may only be attached to or incorporated in a building wall.

Such sign shall not:

(a) Exceed in total area two square feet for each horizontal foot of such wall on which it is mounted.

(b) Exceed in width 75% of the horizontal measurement of the wall on which it is mounted.

(c) Project more than one foot from such wall.

(2) Detached or ground identification signs shall be prohibited.

C. Real estate and construction signs shall be prohibited.

D. General provisions.

(1) The area of a sign shall be determined by the smallest rectangle that encompasses all of the letters or symbols that make up the sign together with the area of any background of a different color or material than the general finish of the building, whether painted or applied.

(2) The outlining by direct illumination of all or part of a building such as a gable, roof, wall, side or corner is prohibited, except during the Christmas season.

(3) No flashing or moving signs or rooftop signs shall be permitted in any district.

(4) Illumination of signs shall be accomplished by means of shielded light sources and in such a manner that no glare shall extend beyond the property lines or disturb the vision of passing motorists.

(5) Temporary or permanent signs resting on or attached to vehicles shall not be used as a means to circumvent the provisions of this chapter.

(6) No sign shall be so located as to detract from or obstruct historical buildings from public view.

(7) Off-premises advertising signs, or billboards, are prohibited in all districts.

(8) Nothing contained in this chapter shall be construed to prohibit the village or any other governmental agency from erecting and maintaining public signs deemed to be necessary in the public interest.

(9) All nonpublic signs, except for residence nameplates and street number signs not exceeding two square feet that are accessory to residence buildings, shall have an approved building permit and permit number issued by the Village Clerk after authorization by the Building inspector pursuant to §160-47.

§160-36. Off-street parking and truck loading requirements.

A. General. Off-street parking and truck loading spaces shall be provided and kept available as an accessory use to all permitted and conditional uses of buildings, structures, and lots in amounts not less than those specified in this section.

B. Method of determining off-street parking space requirements.

(1) The requirement for a single use (e.g., a one-family dwelling or a retail store) shall be determined directly from the schedule of such requirements which is part of this section.

(2) The requirement for a combination use made up of several component uses (e.g., a retail store combined with an office building) shall be determined by establishing the requirement for each component use from the schedule of such specific requirements which is part of this section and adding them together.

(3) When the required number of spaces is determined to result in a fraction, it shall be increased to the next highest whole number.

(4) If the use is not specifically listed in the schedule of such requirements, the requirements shall be the same as for the most similar listed.

(5) A garage or carport may be used to meet the requirements of this section. A driveway may only be used to meet the requirements of this section where it serves a one family dwelling pursuant to §160-32.

(6) Uses which require approval pursuant to the conditional use procedure set forth in §160-40 may be required to provide off-street parking spaces in excess of the requirements of this section.

C. Schedule of the off-street parking space requirements for specific uses.

D. Truck loading requirements.

(1) Every building or structure or lot used for nonresidential purposes shall be provided with off-street truck loading spaces in accordance with the following schedule:

(2) Every multifamily dwelling shall be provided with not less than one off-street truck loading space for each 30 dwelling units.

E. Private garage or off-street parking area in residence districts; supplemental regulations.

(1) Not more than two parking spaces per dwelling unit may be rented to persons living off the premises in the case of a one-family or two-family dwelling use; not more than one parking space per each two dwelling units may be rented to persons living off the premises in the case of any other residence use; further provided that any such rented parking space shall be within a private garage.

(2) Not more than one commercial vehicle shall be housed or parked in a private garage. Such commercial vehicle shall not exceed a gross motor vehicle weight of 10,000 pounds or 25 feet in length.

(3) The total of all driveway curb cuts or similar vehicle access points along a lot street line shall not exceed 20 lineal feet in width.

F. Nonresidential access driveway requirements.

(1) Private garages and public parking areas may have separate or combined entrances.

(2) Every separate entrance or exit driveway shall have a minimum unobstructed width of 10 feet on collector roads and 15 feet on secondary highways. Every combined entrance and exit driveway shall have a minimum unobstructed width of 20 feet on collector roads and 30 feet on secondary highways. Parking areas with 20 spaces or more shall have at least two separate entrance and exit driveways.

(3) The intersection of a separate or combined exit and entrance driveway of a public parking area with the public street shall have the same corner clearance as prescribed for intersecting streets in Chapter 109, §§109-19 and 109-20.

(4) The gradient of driveways shall be such as to facilitate entrance and exit traffic flow.

G. Design requirements for nonresidential off-street parking and truck loading areas.

(1) All accessory off-street parking and truck loading areas shall be located in accordance with the provisions of §160-32.

(2) A scaled plan of the physical improvements proposed for off-street parking and truck loading areas shall be prepared in accordance with good professional practice and village construction specifications and submitted with the application for a building permit for review and approval by the Village Engineer and, when required, site plan review pursuant to §160-52.

(3) Accessory off-street parking areas shall be marked off into parking spaces with a minimum width of 10 feet and a minimum length of 18 feet, or, in the case of parking spaces for large trucks and special equipment, the minimum size of parking spaces shall be determined by the Village Engineer based on the nature of the parked vehicles.

(4) An accessory off-street standard truck loading space shall have a minimum width of 12 feet, a minimum length of 25 feet, and a minimum clear height of 14 feet. The related aisles or driveways shall have the same minimum width and clear height.

H. Exemptions and waivers.

(1) Existing buildings and uses are exempt. The provisions of this section shall not apply to any building or structure or lot lawfully in use at the effective date of this chapter, whether continued as a permitted use or as a legal nonconforming use or converted or changed without enlargement to a different lawful use having the same parking and truck loading requirements.

(2) Where the Village Board of Trustees shall determine that a proposed land use, building or structure is adequately served by existing or proposed public parking facilities as a matter of public policy, the off-street parking space requirements stipulated in this section may be waived by such Board.

(3) The Board of Appeals, subject to the applicable provisions of §160-45E, may waive the requirements, in whole or in part, for the off-street parking or truck loading spaces stipulated in this section pursuant to Article X.