A. No fence or wall shall be erected, extended, replaced, altered or relocated without a building permit.
B. Fence.
(1) No fence shall exceed four feet in height measured from the finished grade at its base, except that:
(a) Where the finished grade has a short transitional slope of 45 degrees or more over a fence length of two lineal feet or less, a four-foot-long transitional fence may exceed the four-foot maximum height provided that it shall not exceed the four foot maximum permitted height on the high end of the transitional slope.
(b) The westerly boundary fences at the Wheatley Hill Golf Club, fences abutting the Long Island Railroad tracks, property fences surrounding Nassau County recharge basins, and residential boundary fences abutting Devlin Field and for 477.56 feet abutting the Old Notor Parkway west of Block 613, Lot I I may not be more than six feet in height.
(2) No fence shall be erected in a front yard except where such fence is erected along or behind the minimum required front yard setback line. Notwithstanding the foregoing, any church may erect and maintain a fence in the front yard provided that such fence is located no closer than three feet to the street line, does not exceed three feet in height and is only of a one-or-more-rail split rail or round rail fence with posts at least eight feet apart.
(3) The type of materials used and the method of construction must be suitable and in harmony with the neighborhood in which the fence is to be constructed and must be approved by the Building Inspector. The finished side of all fences must face away from the subject property. [Amended 5-11-1998 by L.L. No. 4-1998]
C. Walls and retaining walls. Walls and retaining walls shall be subject to the same regulations as fences as provided in Subsection B; provided, however, that on a lot where there is more than a four-foot difference in the existing natural ground elevation between the rear of the required front yard and the adjoining street line, a retaining wall not exceeding four feet in height may be erected if it is set back at least 15 feet from the street line and does not interfere with corner clearance pursuant to Chapter 109, §§109-19 and 109-20 of this Municipal Code.
D. Method of measuring the height of a fence or wall. The height of a fence or wall shall be measured from the finished grade at the base of the fence, except that where there is a retaining wall, the height shall be the difference between the finished grades at each side of the retaining wall and, further, except that any fence or wall on the uphill side of such retaining wall, where permitted in accordance with the provisions of Subsections B and C, may be at least four feet high.
A. Location and lot coverage. [Amended 5-10-1993 by L.L. No. 9-1993]
(1) A swimming pool or hot tub, or portion thereof, including its accessory equipment and facilities, shall not be located in any front yard or in any portion of the lot located in the space created between the nearest roofed portion of the principal building or buildings and the side lot lines and extending from the curbline to the rear property line. [Amended by 12-13-1999 by L.L. No. 1-1999]
(2) A swimming pool and its appurtenances, including at least six to 10 feet of perimeter space between the edge of the pool and the required protective pool fence, shall be set back at least five feet away from any side or rear lot line.
(3) A hot tub shall be set back at least 10 feet from any side or rear lot line.
B. General requirements.
(1) Protective fencing.
(a) Every pool shall be completely enclosed by a see-through chain link fence four feet in height located at least six feet but not more than 10 feet from the edge of the pool to prevent accidental entry and unauthorized use of the pool.
(b) Such fencing shall have a gate or entranceway locked at all times when no adult is at the pool. Such a gate or entranceway shall be equipped so that it self-closes and snap locks with a snap lock that shall be so located and of such a type of release as to make it difficult for young children to open the gate.
(c) The Board of Trustees may prescribe the method and type of fencing which will in the opinion of the Board safeguard the public health, safety and general welfare. In making such determination the Board of Trustees shall take into consideration the character of the district with a view to conserving the value of buildings and land and encouraging the most appropriate use of land within the village.
(2) No lighting shall be permitted in or about said pool except such lighting that shines into or upon said pool, decks and walkways and casts no light or reflection onto abutting properties.
(3) No loudspeaker device, which can be heard beyond the property lines of the premises on which any swimming pool has been installed, may be operated in connection with such pool.
(4) Such pool, when maintained and used or intended to be used for swimming, bathing or wading by adults or children, shall be used solely by the owner, tenant or lessee of the premises upon which the pool is situated and by his family or friends and guests invited to use it without payment of any fee.
C. Design and maintenance standards.
(1) Private water supply. In the event the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.
(2) All pools, both in-ground and aboveground, shall have an acceptable backflow prevention device installed by a licensed plumber, approved by the Nassau County Department of Health and in accordance with the provisions of Chapter 154, Article IL Cross-Connections.
(3) Such pool, when used for swimming, bathing or wading, shall be chemically treated in a manner sufficient to conform with the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools and shall be so maintained.
(4) Water disposal. Water overflow from the pool and, when the pool is emptied, the water therefrom shall be disposed of on the owner's land and shall be prevented from flowing over or into the land of any adjoining property owner or over or into any abutting street or into any sanitary sewer.
(5) Materials of construction. No pool shall be built, constructed or maintained except of materials having adequate strength to retain the water designed to he contained therein. Each pool shall be designed in accordance with sound engineering practice.
D. Building permit requirement for swimming pool. [Amended 5-10-1993 by L.L. No. 9-1993]
(1) No swimming pool shall be constructed, erected or maintained unless a building permit for such a swimming pool and its appurtenances shall have been issued by the Village Clerk after approval by the Building Inspector pursuant to Chapter 142 of this Municipal Code.
(2) An application for such permit shall be on such form as may be furnished by the Building Inspector and shall be accompanied by a survey. A previously completed survey shall be acceptable for the purposes of this section so long as the survey is updated to reflect all later improvements built subsequent to the survey and the dimensions of the improvements. The application must also be accompanied by complete plans and specifications of the pool, the plan for the disposal of water, the type and location of fencing, and indicating the location and elevation thereof with respect to the boundary lines of the land of the applicant and existing topography. Permits may be issued only upon application of the owner of the land or his agent duly authorized in writing to make such application. Application shall be accompanied by a permit fee in the sum of $125 for the first $1,000 of cost and $75 for each additional $ 1,000.
(3) The plans and specifications accompanying the application for a permit must be inspected and approved by the Village Plumbing Inspector with regard to the backflow prevention device to guard against a cross-connection and by the Village Building Inspector before the issuance of a permit. After the completion of the construction and excavation of a pool and before any use thereof by any person, the Village Building Inspector must issue his or her certificate of completion.
E. Existing pools.
The owner of any land upon which a pool shall have been constructed prior to the date of the adoption of this section and the requirement of a permit duly issued by the Board of Trustees of the Village of East Williston shall within 90 days after the effective date of this section comply with all of the provisions of this section, except he or she shall not be required to make application for a new permit, and perimeter fencing lawfully existing as of the date of enactment hereof need not be changed.
F. Abandonment.
Should an owner abandon a pool, he or she shall arrange to remove any depression and return the surface of the ground to its original grade and approximately the same condition as before the pool was constructed and he shall further notify the Village Clerk of the abandonment so that the inspection of the site may be made and the records of the permit be marked accordingly.
G. General requirements for hot tubs. [Added 5-10-1993 by L.L. No. 9-1993]
(1) Every hot tub shall be completely enclosed by a heavy industry-standard locked cover when not in use.
(2) The Board of Trustees may prescribe a method and type of fencing which will in the opinion of the Board safeguard the public health, safety and general welfare. In making such determination the Board of Trustees shall take into consideration the character of the district with a view to preserving the value of buildings and land and encouraging the most appropriate use of land within the village.
(3) No lighting shall be permitted in or about said hot tub except such lighting that shines into or upon said hot tub, decks and walkways and casts no light or reflection onto abutting properties.
(4) No loudspeaker device, which can be heard beyond the property lines of the premises on which any hot tub has been installed, may be operated in connection with such hot tub.
(5) Such hot tub shall be used solely by the owner, tenant or lessee of the premises upon which the hot tub is situated and by his family or friends and guests invited to use it without payment of any fee.
H. Design and maintenance of hot tubs. [Added 5-10-1993 by L.L. No. 9-1993]
(1) Private water supply. In the event the water for such hot tub is supplied from a private well, there shall be no cross-connection with the public water supply system.
(2) All hot tubs shall have an acceptable backflow prevention device installed by a licensed plumber, approved by the Nassau County Department of Health and in accordance with the provisions of Chapter 154, Article 11, Cross-Connections.
(3) Such hot tubs shall be chemically treated in a manner sufficient to conform with the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools and hot tubs and shall be so maintained.
(4) Water disposal. Water overflow from the hot tub and, when the hot tub is emptied, the water therefrom shall be disposed of on the owner's land and shall be prevented from flowing over or into the land of any adjoining property owner or over or into any abutting street or into any sanitary sewer.
(5) Materials of construction. No hot tub shall be built, constructed or maintained except of materials having adequate strength to retain the water designed to be contained therein. Each hot tub shall be designed in accordance with sound engineering practice.
1. Building permit requirements for hot tubs. [Added 5-10-1993 by L.L. No. 9-1993]
(1) No hot tub shall be constructed, erected or maintained unless a building permit for such a hot tub and its appurtenances shall have been issued by the Village Clerk after approval by the Building Inspector pursuant to Chapter 142 of this Municipal Code.
(2) An application for such permit shall be on such form as may be furnished by the Building Inspector and shall be accompanied by a licensed survey. A previously completed survey shall be acceptable for the purposes of this section so long as the survey is updated to reflect all improvements built subsequent to the survey and the dimensions of the improvements. The application must also be accompanied by complete plans and specifications of the hot tub, the plan for the disposal of water, the type of cover for the hot tub and indicating the location and elevation thereof with respect to the boundary lines of the land of the applicant and existing topography. Permits may be issued only upon application of the owner of the land or his agent duly authorized in writing to make such application. Application shall be accompanied-by a permit fee in the sum of $25, filing fee, and $75 for the first $1,000 of cost and $ 10 for each additional $ 1,000, or part thereof, thereafter.
(3) The plans and specifications accompanying the application for a permit must be inspected and approved by the Village Plumbing Inspector with regard to the backflow prevention device to guard against a cross-connection and by the Village Building Inspector before the issuance of a permit. After the completion of the construction and excavation of a hot tub and before any use thereof by any person, the Village Building Inspector must inspect and approve the construction and erection of such hot tub in accordance with the provisions of this chapter and Chapter 154, Article II, Cross-Connections, and the Village Building Inspector must issue his or her certificate of completion.
J. Existing hot tubs.
The owner of any land upon which a hot tub shall have been constructed prior to the date of the adoption of this section and the requirement of a permit duly issued by the Board of Trustees of the Village of East Williston shall within 90 days after the effective date of this section comply with all of the provisions of this section, except he or she shall not be required to make application for a new permit. [Added 5-10-1993 by L.L. No. 9-1993]
K. Abandonment of hot tubs.
Should an owner abandon a hot tub, he or she shall arrange to remove any depression and return the surface of the ground to its original grade and approximately the same condition as before the hot tub was constructed, and he shall further notify the Village Clerk of the abandonment so that the inspection of the site may be made and the records of the permit be marked accordingly. [Added 5-10-1993 by L.L. No. 9-1993]
A. Application of regulations.
(1) This section shall apply to all buildings or structures and all uses of buildings or Structures or lots lawfully existing prior to the effective date of this or of subsequent amendments, revisions or reenactments of this chapter, which do not conform to the provisions of said original Zoning Chapter, or to such revisions or reenactments on their effective dates.
(2) Any nonconforming building or structure or portion thereof declared unsafe by the Village Building Inspector shall be restored to a safe condition or be demolished in accordance with Chapter 22 of this Municipal Code.
B. Unlawful buildings, structures, or uses not construed as nonconforming.
No unlawful building or structure or unlawful use of a building or structure or lot existing at the effective date of this chapter shall be deemed to be a nonconforming building, structure, or use.
C. Continuance.
(1) Any nonconforming use occupying any building, structure, lot or land at the time of the effective date of this chapter or any amendment thereto which does not comply, after the effective date of this chapter or any amendment thereto, with the use regulations of the district in which it is situated may be continued in the building or structure, or upon the lot or land so occupied, except as provided in Subsection G.
(2) A conforming building or structure used by a nonconforming use shall not be reconstructed, structurally altered, restored, or repaired to an extent exceeding 50% of the replacement cost of such building or structure, exclusive of foundations, unless the use of such building or structure is changed to a conforming use.
(3) A nonconforming building or structure that is devoted to a conforming use may be enlarged, reconstructed, structurally altered, restored, or repaired in whole or in part, and the provisions of Subsection C(2) above shall not apply, except that the degree of nonconformity shall not be increased.
(4) A nonconforming lot, separately owned and not adjoining any lot or land in the same ownership at the effective date of this chapter or at any time subsequent to such date, may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of a title search.
(5) An existing building or structure designed and used for a conforming use but located on a nonconforming lot, whether the building is conforming or nonconforming with respect to lot coverage and minimum yard requirements, may be enlarged, reconstructed, structurally altered, restored or repaired in whole or in part, except that the degree of nonconformity shall not be increased.
D. Extension.
A.nonconforming use shall not be enlarged or extended, nor shall the nonconformity of a nonconforming building be increased, except as provided in §160-45, by the Board of Appeals. [Amended 12-13-1999 by L.L. No. 1-1999]
E. Change.
A.nonconforming use shall be changed only to a conforming use, except as provided in §160-45, by the Board of Appeals.
F. Abandonment.
(1) A nonconforming use shall be deemed to have been abandoned:
(a) When it is changed to a conforming use.
(b) In cases where such nonconforming use is of a building or structure designed for such use, when it has been voluntarily discontinued for a period of 12 consecutive months, and, in cases where such nonconforming use is of a building or structure designed for such use, when it has not in fact been actually used for a continuous period of 36 consecutive months.
(c) in cases where such nonconforming use is of a -building or structure not designed for such use or is of a lot or land whereon there is no consequential building or structure devoted to such use, when it has been voluntarily discontinued for a period of six consecutive months, and, in such cases, when it has not in fact been actually used for a continuous period of 18 months.
(2) A nonconforming use that has been abandoned shall not thereafter be reinstated.
G. Compulsory termination of nonconforming buildings, structures or uses.
(1) A nonconforming building, structure or nonconforming use may be subject to compulsory termination by the Village Board of Trustees when it is found detrimental to the conservation of the value of the surrounding land and improvements, or to future development of surrounding lands, and therefore is tending to deteriorate or blight the neighborhood.
(2) In ordering the compulsory termination of a nonconforming structure or nonconforming use, the Village Board of Trustees will establish a definite and reasonable amortization period during which the nonconforming use may continue while the investment value remaining after the date of the termination order is amortized. Determination of the amount to be amortized shall be based on the value and condition of the land and improvements for the nonconforming use less their value and condition for a conforming use, and such other reasonable costs as the termination may cause. The rate of amortization shall be in accordance with reasonable economic practice.
A. This conditional use review and approval procedure is established in recognition that many uses customarily found in communities may cause severe adverse impacts on a small, nearly completely developed, residential village such as East Williston. It also recognizes that in many instances such uses may be existing or more appropriately be located as new uses within the more spacious areas of neighboring communities. Therefore, the Village Board of Trustees has undertaken the responsibility of reviewing these uses in terms of its declaration of purposes in §160-2 and good environmental and development practice.
B. The Village Board of Trustees shall review and approve, approve with modifications or disapprove all conditional uses specifically provided for in this chapter.
C. All applications for conditional uses shall be subject to the Planning Board site plan review process pursuant to §160-52 but the Planning Board's determination in such cases shall only be advisory to the Village Board of Trustees. Similarly, if the conditional use is located in the Historic Overlay District, the Historic District Commission's decision shall only be advisory to the Village Board of Trustees.
