ABANDONMENT - The actual cessation of a nonconforming use, coupled with the intent not to put the premises again to the same use. Where there is a nonuser of a nonconforming use for a period of one year, the use shall be deemed abandoned, unless there is proof offered of intent not to abandon such nonconforming use. A nonuser for two years shall constitute abandonment. The premises shall thereafter be put to a conforming use only.

ACCESSORY USE, BUILDING OR STRUCTURE - A use, building or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use, building or structure, not exceeding a total of 10% of the floor area of such use, building or structure. [Amended 3-15-2004 by L.L. No. 2-2004]

AGRICULTURE, FARMING, TRUCK GARDENING, NURSERY OR GREENHOUSE - Includes the cultivation and the sale of food products, flowers or other usable growths of the field, farm or garden, tillage or husbandry, and excludes dairying, raising of livestock, fowl, birds or fish as a business.

ALTERATIONS, STRUCTURAL - Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

APARTMENT HOUSE OR MULTIPLE DWELLING - A building of any kind which is used or intended to be used or occupied as a residence by three or more families, as defined by the Multiple Residence Law of the State of New York.

AREA, BUILDING - The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.

AUTOMOBILE SERVICE STATION, GAS SERVICE STATION, .GASOLINE STATION OR FILLING STATION - A building, land or premises where the business carried on is the sale of gasoline, oil, accessories for motor vehicles or the servicing of or washing of motor vehicles, and includes only minor repairs and adjustments.

BASEMENT - That portion of a building which is partly underground but which has at least 50% of its interior height, measured from the floor to ceiling at the front of the building, above the average finished grade of the ground adjoining the building. Where the basement is finished, the aforesaid height shall be measured from the finished floor to the finished ceiling. [Amended 3-15-2004 by L.L. No. 2-2004]

BEDROOM - A habitable space within a dwelling unit primarily used as sleeping quarters in excess of 70 square feet other than a dining room, bathroom, hallway, kitchen, recreation room, or cellar. No residential space may be used as a bedroom unless such space conforms to this definition. [Amended 3-15-2004 by L.L. No. 2-2004]

BLOCK - A territory or street, sometimes called a "square block," which is commonly used to designate that section of a square block, so-called, fronting on a street between two intersecting streets.

BOARDINGHOUSE, ROOMING HOUSE OR LODGING HOUSE - A building in which rooms, other than dwelling units, are rented with or without meals. [Amended 3-15-2004 by L.L. No. 2-2004]

BUILDING, FRONT LINE OF --The line of that face of the building nearest the front line of the lot.

BUILDING OR PREMISES - Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels. "Building" or "premises" shall mean and apply to both vacant and improved real property.

CELLAR - That portion of a building which is partly or wholly underground but which has less than 50% of its interior height, measured from floor to ceiling at its front or entrance, above the average finished grade of the ground adjoining the building. Where the basement is finished, the aforesaid height shall be measured from the finished floor to the finished ceiling. [Amended 3-15-2004 by L.L. No. 2-2004]

CHURCH - Place of worship; a building used for public worship and other strictly religious uses in accordance with the discipline, rules and usages of a religious corporation which owns, supports, and maintains the same and of the ecclesiastical governing body, if any, to which such corporation is subject. [Added 3-15-2004 by L. L. No. 2-2004]

CLUB - An association of persons for social, fraternal, religious or patriotic purposes, whose activities are confined to the members and their guests and are not extended to the general public.

COMMERCIAL VEHICLE - Any vehicle described in New York State Vehicle and Traffic Law § 401, Subdivision 7, (excepting historical motor vehicles) or the regulations of the Commissioner of the Motor Vehicle Bureau, including but not limited to buses, tractors, auto trucks and light delivery cars, taxi cabs and livery vehicles, hearses, non-Village ambulances, agricultural trucks, tow trucks, armored trucks, cabs and chassis, glaziers' trucks, non-recreational pickup trucks, vans or cargo vans (for the transportation of goods, wares and merchandise) and any other vehicle which is designed, marked or signed, outfitted or modified for use in business or commerce. Pick-up trucks are deemed "recreational" if they are four wheeled and are used solely for transportation of passengers and recreational items. [Added 3-2-1998 by L.L. No. 1-1998]

COURT - An open unoccupied space bounded on two or more sides by the exterior walls of a building or exterior walls and lot lines.

COURT, INNER - A court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.

COURT, OUTER - A court enclosed on not more than three sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.

CURB LEVEL - The officially established grade of the curb. in front of the midpoint of the lot and for the purpose of measuring the height of any portion of a building is the mean level of the curb along the street frontage. Where no "curb level" exists, the grade will be determined by the Official Map of the Village.

DEPTH OF LOT - The mean distance from the street-j line of a lot to the rear line, measured at right angles to the street line.

DWELLING - A building containing one or more dwelling units which is designed, used or occupied for residential purposes. [Amended 3-15-2004 by L.L. No. 2-2004]

DWELLING, MULTIPLE - See "apartment house" or "multiple dwelling."

DWELLING, ONE-FAMILY - A building designed for and occupied exclusively as a residence for not more than one family, containing a single kitchen, in which members of a family all live and- cook together as a single housekeeping unit. Such a building shall not contain separate or segregated internal partitions or locked internal doors barring access between portions of the dwelling, including bedrooms. [Amended 3-15-2004 by L.L. No. 2-2004]

DWELLING, TWO-FAMILY - A building containing two dwelling units, designed for and occupied exclusively as a residence of not more than two families, containing one kitchen in each dwelling unit. Such a building shall not contain separate or segregated internal partitions or locked. internal doors barring access between portions. of the, dwelling units, including bedrooms. [Amended 3-15-2004 by L.L. No. 2-2004]

DWELLING UNIT - A building, or entirely self-contained portion thereof, containing complete housekeeping facilities, including not more than one cooking facility, for only one family, and having no separate or segregated internal partitions or locked internal doors barring access between portions of the unit, including the bedrooms thereof, or having cooking or sanitary facilities in common with any other dwelling unit. A hotel, inn, boardinghouse, lodging house or rooming house, or nursing home or other similar home shall not be deemed to contain or constitute a dwelling unit. [Amended 3-15-2004 by L.L. No. 2-2004]

EXISTING USE The actual lawful use of the premises at the time this chapter is adopted or at the time a permit has been issued, provided that work has been actually done thereon or a valid contract has been made for such work within the intent of the permit and before the amendment of this chapter, insofar as it affects the use allowed under the permit or the adoption of a new Zoning Ordinance.

FAMILY A family consists of one or more persons, whether or not related to each other by blood, marriage or adoption, all of whom live and cohabit together as a single, stable and bona fide housekeeping unit, provided that such persons together occupy and own, lease or rent the whole of the building or dwelling unit (and, if such exists, a separate accessory building or dwelling unit) in a family-like living arrangement as the functional and factual equivalent of a natural family and use all rooms and housekeeping facilities in common. Such number of persons shall not be deemed to constitute a "family" if any one of such persons may not have lawful access to all parts of the principal building or separate buildings or dwelling unit or if any one or more of such persons lease or rent any portion of such principal building and/or separate accessory building or dwelling unit from any other person. [Amended 3-15-2004 by L.L. No. 2-2004]

FRONTAGE That part of a building or land which fronts on or is bounded by a public street or place.

GARAGE, PRIVATE A garage used for storage purposes only of vehicles and having a capacity of not more than three automobiles in one- or two-family dwellings, or not more than one automobile per family housed in the building to which such garage is accessory, whichever is greater. Space therein may be used for not more than one commercial vehicle, and space may be rented for not more than two vehicles of others than occupants of the building to which such garage is accessory.

GARAGE, PUBLIC Any garage, other than a private garage available to the public, operated for gain, which is used for storage, rental, greasing, washing, servicing or adjusting of automobiles or other motor vehicles.

GARDEN-TYPE APARTMENT HOUSE See "apartment house or multiple dwelling."

GRADE, ESTABLISHED The elevation of the center line of the streets as officially established by the Village authorities.

GROSS FLOOR AREA The area included within surrounding walls of a building, or portion thereof, exclusive of vent shafts and courts and stairwells, but including all floors.

HEIGHT OF BUILDING OR BUILDING HEIGHT The vertical distance measured, in the case of flat roofs, from the curb level to the highest point of the roof beams adjacent to the street wall and, in the case of pitched roofs, from the curb level to 1/2 the vertical gable slope as measured from the top plate of the structure. Where no roof beams exist or there are structures partly above the roof, the height shall be measured from the curb level to the highest point of the building. [Amended 10-16-1995 by L.L. No. 13-1995; 8-14-2006 by L.L. No. 7-2006]

HOME BUSINESS An accessory use to a dwelling for a properly certified physician, psychologist, physical, occupational, or speech therapist. chiropractor, licensed social worker, dentist, lawyer, engineer, architect, accountant, teacher or other similar professional person, operated solely by a resident of the dwelling and which may have up to one nonresident employee unless it involves medical care where the Village Board finds that two such employees are necessary. A home business requires a special use permit pursuant to § 252-121. [Added 2-4-2002 by L.L. No. 1-2002]

       **Webmasters Note: The previous definitions, Dwelling Unit through Home Business, have been amended as per a supplement dated 9-25-206.

HOME OFFICE - An accessory use to a dwelling which consists of a clerical, computer-related or other similar business activity operated within a dwelling solely by a resident of the dwelling, where no nonresident of the dwelling shall be employed and which generates no business related visits by nonresidents of the dwelling. [Added 2-4-2002 by L.L. No. 1-2002]

HOTEL [Repealed 10-26-1992 by L.L. No. 11-1992]

HOTEL, RESIDENTIAL [Repealed 10-26-1992 by L.L. No. 11-1992]

INDUSTRIES - That branch of trade employing capital and labor in a business for moneymaking as distinguished from a profession.

LAUNDERETTE - An establishment where the public may wash and/or iron their clothes or textiles by hand or machine of home-automatic type furnished by the establishment and operated for gain.

LAUNDRY, PUBLIC - A building where laundry work is performed for the public by employees of the establishment for the purpose of gain and in which the washing and ironing of clothes and other textiles is accomplished by hand or machine, or by both.

LENGTH OF AN OUTER COURT - Is measured at right angles to the street line from the end opposite the end opening on a street or rear yard to the street line.

LIGHT MANUFACTURING - The manufacture of articles or the assembling of finished or unfinished manufactured parts by hand or machine, or both, as distinguished from heavy industry. Each machine used may have a motor of not more than five horsepower, except that a motor of greater horsepower may be used for air-conditioning and blower purposes, and where the noise caused by the operation of the machinery and odors are properly controlled within the walls of the building wherein such manufacturing or assembling is carried on. Repairing is intended to be included within the meaning of light manufacturing, except that the repairing of shoes, leather goods and wearing apparel shall not come within the definition of "light manufacturing."

LINE, STREET - The dividing line between a public or private street and a lot.

LOCATED - A particular place or spot, to designate the place, lot or plot.

LODGING HOUSE - See "boardinghouse." [Added 3-15-2004 by L.L. No. 2-2004]

LOT - A portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building that is united by a common interest or use, and the customary accessories and open spaces belonging to the same.

LOT, CORNER - A parcel of land at the junction of and fronting on two or more intersecting streets.

LOT, DEPTH OF - A mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot lines.

LOT, INTERIOR - A lot other than a corner lot.

LOT LINES - Any line dividing one lot from another.

LOT, THROUGH - An interior lot having frontage on two parallel or approximately parallel streets.

LOT, WIDTH OF - The mean width measured at right T angles to its depth.

MAJOR REPAIRS TO MOTOR VEHICLES - All repairs other than those listed as minor repairs.

MAKE AND MANUFACTURE - Are synonymous and mean work upon raw materials or upon finished or unfinished parts into a finished product; the assembling of parts into a finished product.

MINOR REPAIRS TO MOTOR VEHICLES - The following. To fix and repair tires to install or repair distributor points; to clean, adjust and reinstall spark plugs; to renew and install new ignition wiring; to replace hose connections, whether connected with windshield wipers or circulation system; to repair or replace gasoline strainer or oil filter; to adjust brakes; to renew and replace all headlights, other light bulbs, the accessories thereto, and switches; to repair or replace fuel pump; to repair or replace coil; to renew, recharge and replace battery; to repair ammeter, and such other removal, replacement and adjustment and repairs similar in nature or character to the above. All other work on motor vehicles not included in this subsection will be regarded and deemed to be major repairs.

MOTOR VEHICLE REPAIR SHOP - A building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles.

NONCONFORMING USE - A structure or land lawfully occupied for a use that does not conform to the regulations of the district in which the premises are situated.

OPEN SPACE - An unoccupied space open to the sky upon the same lot with the building.

OUTHOUSE OR OUTBUILDING - A building physically separate from and subordinate to the main house and main building.

PARKING FIELD - Ground or land upon which motor vehicles are transiently placed, and does not include the grounds of a private house, hotel, residential hotel, apartment or multiple dwelling or garden-type apartment.

PARKING SPACE - The area required for parking one automobile, which in this chapter is held to be an area eight feet wide and 20 feet long, exclusive of passageways for ingress and egress.

PLOT - A map, plan or layout of the Village, section or subdivision indicating the location of the boundaries of individual properties.

PORCH - What is generally known and designated as a porch, veranda, gallery, terrace, piazza, portico or a substantially similar common projection from the main or street wall of a building and not more than one story in height, without excavation below same.

REPAIRS - To restore to a sound state; to mend.

ROOF - The top or upper covering of a building or structure.

ROOF, FLAT - Of any building, a roof having a pitch of not more than six inches.

ROOF, PITCHED - Of any building, a roof having a pitch of more than six inches in a foot.

ROOMING HOUSE - See "boardinghouse." [Amended 3-15-2004 by L.L. No. 2-2004]

SANITARIUM - A health retreat for the care of invalids, or an institution for the treatment of diseases.

SCHOOL - An institution consisting of a teacher or teachers regularly licensed as such to teach in public schools, and pupils, irrespective of age, gathered for instruction, exclusive of colleges or universities.

SIGN - Any movable board or contrivance upon which an advertisement appears. This shall not include the use of the name or emblem upon the building, nor shall it include usual board notices in or about church property.

STAND OR VENDOR'S STAND - A place in the open where articles are displayed for the purpose of sale or promotion of sales or of samples of merchandise to be sold, whether contained upon boxes, crates or a framework of temporary or permanent character. Such display in a store or building within ten (10) feet of an open show window facing the street is hereby defined also as a stand or vendor's stand.

STORAGE - A degree of permanent use as distinguished from transient use.

STORE - A building or structure having a rear wall, side walls, store front, with open or closed show window or windows, a roof, floor and water connection, in which food or merchandise is kept or stored or offered for sale, either at wholesale or retail, and which building or structure complies with the provisions of the Building Code of this village.

STORY - That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between any floor and the ceiling next to it.

STORY, HALF - A story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story.

STREET - A public or private thoroughfare which affords the principal means of access to abutting property.

STRUCTURE - A combination of materials, other than a building, to form a construction that is safe and stable and includes, among other things, stadiums, platforms, radio towers, sheds, storage bins, fences and display signs.

WALL, FRONT - The main wall of a building fronting on the street, excluding a porch, front bay window, vestibules and chimneys.

YARD DEPTH, REAR - The mean distance between the rear wall of the building and the rear line of a lot measured at right angles to the rear lot line.

YARD, FRONT - An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front. line of . the building projected to the side lines of the lot. The depth of the "front yard" shall be measured between the front line of the building and the street line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required "front yard."

YARD, REAR - An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot, or a center space between the rear of the main building and the garages, if any, on the side or rear lines of the lot. If there is an alley, then the "rear yard" of the lot shall be measured between the rear line of the lot or the center line of the alley and the rear line of the building. All garages placed on the lot shall be four (4) feet from the side lines and rear lines of the lot.

YARD, SIDE - An open unoccupied space on the same lot between the building and side lot line and extending through from the front building line to the rear yard and, where no rear yard is required, to the rear line of the lot. A court on the lot line is also defined as a "side yard."

YARD WIDTH, SIDE - The mean distance between the main side wall of a building and lot line measured at right angles to the lot line. No accessory part of the building shall encroach upon the side yard.

       ARTICLE II Nonconforming Buildings and Premises

       § 252-3. Continuation permitted.

       The lawful use of any building or land existing at the time of the enactment of this chapter may be continued although such use does not conform to the provisions of this chapter, except as hereinafter provided.

       § 252-4. Alteration or reconstruction.

       [Amended 10-20-2003 by L.L. No. 10-2003]

       A. A nonconforming use shall not be enlarged or extended, nor shall any structural alteration be made in any building. [Amended 8-14-2006 by L.L. No. 8-2006]

       B. The Board of Zoning Appeals may consider an application for an enlargement or extension of a nonconforming building or a building with a nonconforming use; however, no grant of the relief sought may be made unless the Board considers and makes findings with respect to:

       (1) The relationship and compatibility of the proposed enlargement or extension with the surrounding neighborhood; and whether the enlargement or modification would have any negative economic, social, natural or physical effect on the surrounding neighborhood, any Village residents, or the Village as a whole.

       (2) Whether the proposed enlargement or extension would have a materially adverse aesthetic impact such as to negatively affect the economic, social, physical or material assets or character of the surrounding properties or the Village as a whole.

       (3) Whether a limitation on the time for the enlargement or extension is appropriate as reasonably required for the Board to reevaluate the impacts of the enlargement or extension upon the neighborhood, Village residents, or the Village as a whole.

       (4) Environmental considerations under SEQRA regulations, and the preservation of natural resources.

       (5) Whether there will be any negative effect upon the health, safety and welfare of Village residents should the relief sought be granted.

       C. Nothing in this article shall be deemed to prevent the keeping in good repair of a nonconforming building or a building with a nonconforming use.

       § 252-5. Restrictions on repair of damaged buildings.

       A. No building damaged by fire or other causes to the extent of more than 50% of the replacement value of such building shall be repaired or rebuilt, except in conformity with the regulations of this chapter.

       B. Before any repairs or reconstruction may be begun or made on such damaged or destroyed buildings a permit must be obtained from the Superintendent of Buildings, upon an application made therefor upon plans and information furnished to such Superintendent pursuant to this chapter and other Village ordinances or codes applicable thereto.

       **Webmasters Note: The previous sections, the definition for Yard Width, Side in 252-2 through 252-5, have been amended as per a supplement dated 9-25-2006.

       § 252-6. Abandonment.

       When a nonconforming use has been discontinued for a period of one year or more, such , use shall be deemed abandoned, with the right, however, to the owner or lessee to give proof before the Superintendent of Buildings that there was no intention to abandon such nonconforming use and to appeal from his decision to the Board of Appeals,, except that where there is a nonuser of the nonconforming use for a period of two years, then the right to put said building and premises to such use shall cease and come to an end, and the premises shall thereafter be put to conforming uses only.

       § 252-7. Reversion to nonconforming use prohibited.

       Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.

       § 252-8. Displacement of conforming use prohibited.

       No nonconforming use shall be extended to displace a conforming use.

       § 252-9. Permit application procedure.

       Applications for building permits shall be made to the Superintendent of Buildings. The application shall contain such plans and written information as may be necessary to show that the proposed construction or use will comply with the provisions of this chapter and such other Village ordinances and codes as may be applicable.

       § 252-10. Work under existing permits may be continued.

       Nothing contained in this chapter or an amendment thereof shall require any change in the plans, construction or designated use of the building for which a permit has been issued, provided that construction or use thereof has been started prior to the adoption of this chapter or amendment made thereto.

       ARTICLE III Regulations for Dwelling A and Dwelling B Districts

       § 252-11. Permitted uses.

       A. In these districts, no buildings or premises shall be used, and no building shall be erected or altered, which is arranged, intended or designed to be used for other than any of the following specified trades, industries or uses:

       (1) Churches or other places of worship, with or without living quarters for persons engaged in carrying on the church activities or of the school affiliated therewith; parish houses or Sunday school buildings; public and parochial schools, provided that any such school is licensed by or under the jurisdiction of the Education Department of the State of New York; public libraries or telephone exchanges without storage of trucks, incidental material or construction equipment placed upon the open ground of the premises except in the course of construction work.

       (2) Farming, truck gardening, nurseries or greenhouses, provided that there is no display for commercial purposes or advertisement on the premises.

       (3) Home gardening for personal use.

       (4) Municipal playgrounds or parks.

       (5) Railroad passenger stations, but not including freight yards.

       (6) Single-family , detached houses. [Amended 6-18-1968 by Ord. No. 68-14]

       (7) Usual accessory uses which are necessary to the above uses when located in the same building or upon the same lot.

       (8) A home office is permitted as an accessory use to a dwelling where such use will: [Amended 2-4-2002 by L.L. No. 1-2002]

       (a) Not exceed 500 square feet;

       (b) Not involve nonresident employees or business related visits by nonresidents of the dwelling;

       (c) Involve no evidence of such business outside of the dwelling, including signage, storage of materials or equipment, or display of work products; and

       (d) Involves no external alterations or additions to the home for the purpose of accommodating the home office.

       § 252-12. Prohibited uses.

       A. In these districts no building or premises shall be used, and no building shall be erected or altered, which is arranged, intended or designed to be used for any of the following specified trades, industries or uses:

       (1) Cemeteries or crematories.

       (2) Clinics or dispensaries.

       (3) Clubs, except as such are ordinarily a part of church work.

       (4) Convalescent homes.

       (5) Hotels.

       (6) Kindergarten, nursery or private schools.

       (7) Mortuaries, undertaking or embalming parlors or similar plants, or offices for such establishments or businesses.

       (8) Philanthropic or charitable institutions.

       (9) Public or private hospitals or other places or buildings where persons suffering from mental or other diseases of any kind whatsoever are kept or treated, except that this shall not prohibit a doctor in his own office, when conducted within a dwelling, from making diagnosis or treating of patients.

       (10) Homes for animals or in which animals are boarded or hospitals or places where animals are boarded, treated, cared for or sold.

       (11) There is prohibited in Dwelling A and Dwelling B Districts all uses prohibited in the following districts: Dwelling C District, Commercial District, Light Manufacturing or Industrial Districts.

       (12) Boardinghouses, rooming houses or lodging houses. [Amended 6-13-1968 by Ord. No. 68-19]

       § 252-13. Sighs and billboards.

       No billboards, signboards or advertising signs shall be allowed upon the building or premises in either of these districts, except that a small sign showing the premises to be for rent or sale may be used, provided that such sign is not nearer the street line than the building setback or front yard line and does not exceed four (4) square feet in size.

       § 252-14. Required frontage and living area; restrictions on use of other structures for residences.

       [Amended 6-18-1968 by Ord. No. 68-15; 7-8-1985 by L.L. No. 6.1985; 1-4-1988 by L.L. No. 2-1988]

       A. [Amended 2-5-1990 by L.L. No. 2-1990; 10-21-1996 by L.L. No. 9-1996; 1-6-1997 by L.L. No. 1-1997] Except as hereinafter provided, no dwelling or other building shall be constructed on a lot that has less than:

       (1) A minimum of 55 feet frontage as measured at the street line of the lot;

       (2) A minimum width of 55 feet at the front setback line of the dwelling or buildings; -and - -(3) A minimum width of 55 feet throughout the front setback area.

       B. Each such dwelling must have a separate lot area of at least five thousand five hundred (5,500) square feet and not less than one thousand (1,000) square feet of living space above the foundation. [Amended 2-5-1990 by L.L. No. 2-1990]

       C. No other building for residence purposes shall be erected on a lot occupied by any one- or two-family house.

       D. No dwelling and/or accessory structure shall hereafter be altered or erected which occupies more than thirty-five percent (35%) of the lot area.

       E. Subsections A and B of this section shall not apply to any lot having a frontage of forty (40) feet or greater, which parcel has been held prior to August 4, 1986, and continuously thereafter, in single and separate ownership. [Added 1-4-1988 by L.L. No. 5-1988; amended 4-4-1988 by L.L. No. 9-1988]

       § 252-15. Required frontage, lot area and living space for new subdivisions.

       A. Frontage; lot area. [Amended 1-4-1988 by L.L. No. 2-1988; 10-21-1996 by L.L. No. 9-1996; 1-6-1997 by L.L. No. 1-1997]

       (1) No dwelling or other building shall be constructed on any lot of a subdivision or tract of land (as distinguished from a lot) where such lot has:

       (a) A frontage of less than 55 feet as measured at the street line of the lot;,

       (b) A minimum width of less than 55 feet at the front setback line of the dwelling or building; and

       (c) A minimum width of 55 feet throughout the front setback area.

       (2) Each such dwelling or building must have a separate lot area of at least 5,500 square feet and not less than 1,000 square feet of living space above the foundation. [Amended 2-5-1990 by L.L. No. 2-1990; 1-6-1997 by L.L. No. 1-1997]

       B. By "tract" it is meant any division of any parcel of land into five or more lots or sites for immediate or future sale or for building development in such a way as to create one or more new streets or extensions of existing streets or changes in existing streets or lot lines. This provision shall not apply to any subdivision or tract of land which has heretofore been designated as a subdivision of land for which a map or tentative plan has been approved or tentatively approved by the Planning Board of the Village prior to the sixth day of May 1946, or by any other municipal body requiring approval, registration or filing of the map.

       § 252-16. Height restrictions.

       [Amended 7-8-1985 by L.L. No. 6-1985; 1-4-1988 by L.L. No. 2-1988; 8-12-1991 by L.L. No. 5-1991]

       A. No building shall be raised, altered or erected in a Dwelling A or Dwelling B District which exceeds 21/2 stories or 35 feet in height above curb level.

       B. No structure or accessory structure or accessory building in a Dwelling A or Dwelling B District shall be more than 12 feet in height, except that, in cases of gabled roofs, the height may be no more than 16 feet if authorized by the Architectural Review Board. [Amended 10-16-1995 by L.L. No. 13-1995]

       § 252-17. Required setbacks.

       [Amended 7-8-1985 by L.L. No. 6-1985]

       No building or part thereof shall be erected or altered in these districts that is nearer the street line upon which it fronts than the average setback of the buildings on the same side of the street within the same block, but no street wall of a building need be set back more than 30 feet in a Dwelling A District and 20 feet in a Dwelling B District. When all lots on any side of a block are vacant, no street wall of a building in a Dwelling A District shall be set nearer than 25 feet to the street line and in a Dwelling B District shall not be set nearer than 20 feet to the street line. Porches in these districts shall not be nearer the street line than 15 feet in a Dwelling A District and 10 feet in a Dwelling B District. On corner lots the setback distance from the street line, other than the street upon which the building or any projection fronts, shall be not less than 15 feet.

       § 252-18. Side yards.

       [Amended 7-8-1985 by L.L. No. 6-1985]

       No side yard shall be less than five feet at any story height. The sum of the minimum widths of both ship yards .hall not hp less than 15 feet.

       § 252-19. Rear yards.

       [Amended 7-8-1985 by L.L. No. 6-1985]

       A.rear yard is required on each lot. The depth of a rear yard shall be the mean distance of 20 feet.

       § 252-20. Use of trailers or house cars.

       [Added 11-1-1976 by L.L. No. 16-1976]

       Any provision of this chapter to the contrary notwithstanding the temporary use or occupancy of a private trailer or house car shall be permitted under the following circumstances:

       A. The private trailer or house car shall be for the temporary use and occupancy of an individual or group of individuals whose single-family residential dwelling has been so damaged by fire or by some act of God as to render said dwelling uninhabitable.

       B. The private trailer or house car must be placed on the same plot as the single-family residential dwelling which is being rebuilt or on a contiguous parcel.

       C. To obtain a permit for the above-mentioned use, a verified application on a form furnished by the Building Department shall be sworn to and filed by the applicant with the Building Department, along with an application fee in such amount as established by resolution of the Village Board. Said application shall contain assurances that the following requisites shall be satisfactorily complied with: [Amended 7-25-2005 by L.L. No. 6-2005]

       (1) Sanitary drainage systems shall be connected to a sewer or cesspool in a manner approved by the Building Department.

       (2) No wastewater shall be discharged on the ground.

       (3) The electrical system of the trailer or house car shall be connected to the available utility lines, and the installation thereof shall be approved by ,the New York Board of Fire Underwriters.

       (4) The water connections shall be made in a manner approved by the Building Department.

       D. Notwithstanding the provisions of this chapter with respect to minimums or requirements, in granting the permit, the Superintendent of the Building Department shall consider the rights of adjacent property owners so that there shall not be any unreasonable deprivation of light or of a reasonable use of adjoining property.

       E. The Superintendent of the Building Department is hereby authorized, in the exercise of reasonable discretion, to revoke any permit issued hereunder if, after due investigation, he finds that the holder thereof has violated any provision of this section or if the trailer or house car is being used in an unsafe manner. Written notice of said revocation shall be given by personal service or by certified registered mail, return receipt requested.

       F. The length of time a private trailer or house car shall be permitted to remain shall be six months, with one three-month extension. A further extension shall not be permitted, and the private trailer or house car shall be removed at the end of the permitted period of time. If the private trailer or house car is not so removed, there shall be a per-diem civil penalty in such amount as set by resolution of the Village Board for each day that it remains beyond the permitted period of time. If the private trailer or house car remains for more than 10 days beyond the permitted period of time, the Superintendent of the Building Department or his representative shall, after notifying the owner of said private trailer or house car by registered or certified mail, return receipt requested, cause the private trailer or house car to be removed. The expense of removal and any resulting storage shall be paid by the owner of the private trailer or house car, and, if said cost is not paid within 10 days, the Superintendent of the Building Department may advertise for the public sale of the private trailer or house car in, the official newspaper of the Village of Lynbrook and sell the private trailer or house car to the highest bidder at public sale. Any monies realized from the sale shall be applied to any outstanding civil penalties and shall be used to reimburse the Village of Lynbrook for any expense incurred in moving and storing the private trailer or house car. Any excess monies shall be remitted to the owner of the private trailer or house car. [Amended 7-25-2005 by L.L. No. 6-2005]

       ARTICLE IV Regulations for Dwelling C Districts

       §252-21. Permitted uses.

       A. In this district, no building or premises shall be used, and no building shall be erected or altered, for other than one or more of the following uses:

       (1) Any use permitted in a Dwelling A or B District.

       (2) Multiple dwellings, subject to approval of the Board of Trustees, after public hearing and notice. [Amended 11-20-1967, by Ord. No. 67-6]

       (3) (Reserved)

       (4) Two-family detached houses. [Added 8-13-1968 by Ord. No. 68-18]

       § 252-22. Height restrictions.

       [Amended 1-4-1988 by L.L. No. 4-1988; 8-12-1991 by L.L. No. 5-1991]

       A. No one-family dwelling, two-family dwelling or other building or part thereof permitted pursuant to § 252-11 shall be raised, altered or erected to a height in excess of three stories or 40 feet in height above curb level, except that the height of accessory uses shall be governed by § 252-22B.

       B. No structure or accessory structure or accessory building in a Dwelling C District shall be more than 12 feet in height, except that, in cases of gabled roofs, the height may be no more than 16 feet if authorized by the Architectural Review Board. [Amended 10-16-1995 by L.L. No. 13-19951

       § 252-23. (Reserved)

       § 252-24. Required lot area and living space.

       [Amended 6-18-1968 by Ord. No. 68-17; 1-4-1988 by L.L. No. 3-1988]

       A. [Amended 10-21-1996 by L.L. No. 9-1996; 1-6-1997 by L.L. No. 1-1997] No two-family house shall be constructed in the district, nor shall any one-family house heretofore constructed be altered or reconstructed into a two-family house in said district unless the same shall have a lot that has not less than:

       (1) A minimum of 60 feet of frontage as measured at the street line of the lot;

       (2) A minimum width of no less than 60 feet at the front setback line of the building or dwelling; and

       (3) A minimum width of 60 feet throughout the front setback area.

       B. Each such dwelling must have a separate lot area of at least six thousand (6,000) square feet and not less than two thousand (2,000) square feet of living space above the foundation.

       § 252-25. Front yards.

       The front yard in Dwelling C District shall be the same as provided for one- and two-family dwellings in the Dwelling A District.

       § 252-26. Side yards.

       Side yards shall be a minimum of fifteen (15) feet on each side of the building, except that the side yard requirements for one- and two-family dwellings in this district shall be the same as provided in Article III hereof for Dwelling A and Dwelling B Districts.

       § 252-27. Rear yards; restrictions on dwelling behind principal structure.

       A. Rear yards shall be a minimum of twenty (20) feet.

       B. No dwelling house, apartment house or multiple dwelling shall hereafter be erected in the rear of another residence on the same lot, except where such buildings face on two (2) different streets, and provided further that there is compliance with the minimum area requirements for front, side and rear yards as hereinbefore provided.

       § 252-28. Prohibited uses.

       There is prohibited in this district all uses which are prohibited in the Commercial, Light Manufacturing and Industrial Districts.

       ARTICLE V Regulations for Commercial Districts

       § 252-29. Permitted uses.

       [Amended 11-20-1967 by Ord. No. 67-8; 1-22-1979 by L.L. No. 1-1979; 4-7-1980 by L.L. No. 3-1980]

       A. In a Commercial District, no building or premises shall be used, and no building shall be erected or altered, which is arranged, intended or designed to be used for other than one (1) or more of the following uses:

       (1) All uses allowed in Dwelling A, B and C Districts.

       (2) Any retail or wholesale business or wholesale sample room, except that which is expressly prohibited by this chapter.

       (3) Banks, offices or studios.

       (4) Bake shops or bakeries where bread, bread rolls or cake, or both products, are baked or sold at retail on premises only.

       (5) Bowling alleys, billiard parlors or recreational uses not otherwise prohibited by this chapter, subject to approval of the Board of Trustees pursuant to Article XV of this chapter, after notice and public hearing. [Amended 4-18-1994 by L.L. No. 4-1994]

       (6) Dry cleaning, limited to taking orders, pickup and delivery, cleaning process excluded.

       (7) Launderettes, to be permitted only as and when the Village has sewers.

       (8) Mortuaries, undertaking or embalmment parlors.

       (9) Restaurants, tearooms or lunch counters.

       (10) Showrooms for the display or sale of motor vehicles, with the right to have as an accessory use thereof a repair shop with or without gasoline service for the servicing of cars, provided that the gasoline is in tanks underground, and provided further that all the aforesaid are housed in a permanent structure complying with the Building Code' requirements of the Village, and provided further that the portion of the premises used for the repair shop is limited to 75% of the area of the ground floor showroom. Not more than two pumps for the service of gasoline may be installed or used and they must be contained inside the building.

       (11) Tailor repairs with hand spot-cleaning accessory thereto, wholesale cleaning process excluded.

       (12) (Reserved)

       (13) A warehouse of fireproof construction, as provided in Article XVI of Chapter 81 of the Code of the Village of Lynbrook, to be not over two stories high, for the storage of furniture and household effects.

       (14) Multiple dwellings, subject to approval of the Board of Trustees, after public hearing and notices.

       (15) Retail and wholesale fish markets or retail fish departments in supermarkets, subject to the approval of the Board of Trustees after a public hearing, pursuant to notice.

       (16) Notwithstanding any other provision of this chapter, a hotel will be permitted on a parcel of land situated on and abutting the southerly boundary of Sunrise Highway and east of the intersection formed by the intersection of Sunrise Highway and Wyoming Avenue, with a minimum area of 55,000 square feet, provided there is compliance with the following regulations: [Added 1-3-2005 by L.L. No. 1-2005]

       (a) Permitted uses. Hotel and accessory uses customarily incidental thereto, including, but not limited to, restaurants, cocktail lounges, bars, banquet halls, retail sales, meeting rooms and recreational facilities may be permitted pursuant to special use permit under § 252-116.

       (b) Sleeping accommodations shall be designed for transient guests without cooking facilities.

       (c) Areas used for restaurant use, the sale of beverages for consumption on the premises, bars, meeting rooms, retail sales, banquet facilities, and recreational facilities shall be limited in such number and capacity so as to ensure their adequate functioning as subordinate and accessory uses to the hotel use. Each such nonsleeping area will require a separate certificate of occupancy.

       (d) There shall be no basement or cellar occupancy for living or sleeping quarters.

       (e) There shall be provision of twenty-four-hour front desk service for every day the hotel conducts its business.

       (f) Exterior signs will be permitted only pursuant to permit issued by the Building Department after review by the Architectural Review Board.

       (g) Structure height.

       [1] Building height measured from curb level to the top of the parapet wall, or other point of maximum height of an exterior wall, shall not exceed 40 feet.

       [2] Any elevator room, mechanical room or other such penthouse or bulkhead exceeding said maximum height of the exterior wall shall be permitted, provided the height of such structure does not exceed 10 feet and the area does not exceed 150 square feet.

       (h) Front, side and rear setbacks. No part of the building wall shall be constructed within 25 feet of any property Line of the subject parcel, except for permissible encroachments such as door or window canopies, marquees, or decorative features.

       (i) Parking. There shall be, on site, one parking space per guest room, plus one space per employee, plus additional spaces as required by § 252-54 of this chapter for any accessory restaurant, conference, or meeting room, public assembly, retail or office uses, where said accessory uses are intended for nonstaying guests. Notwithstanding the above, where the hotel operates in a manner where at least 35% of its guests arrive and depart by mass or group transportation, the Village Board, in acting on the special permit, may reduce the entire parking requirement for the hotel to no less than 0.8 parking space per guest room.

       (j) As part of the special use permit application process, an applicant will submit a site plan and landscape plan which must demonstrate adequate parking to comply with the requirements of Subsection A(16)(i) and (n) of this section and adequate landscaping to provide reasonable aesthetic screening of the parking areas commensurate with the conditions existing at and around the subject parcel. In its discretion, the Village Board may refer the landscaping site plan to the Architectural Review Board for an advisory opinion concerning the adequacy of the landscaping for purposes of screening as aforesaid. All areas of landscaping shall be provided with adequate irrigation by sprinkler systems and shall be maintained in a healthy condition so as to constitute continual adequate screening and an adequate aesthetic appearance.

       (k) No heating or air conditioning equipment or units shall extend through any exterior wall of the building other than vents which will be permitted, provided that such vents are near to flush to the exterior wall.

       (l) Dumpsters, as are required for the hotel, must:

       [1] Be adequately screened so as to present a reasonably aesthetic appearance;

       [2] Be situated on a raised platform consisting of an eight-inch concrete deck; and

       [3] Be enclosed by a suitable fence which shall include gates for use by the trash removal truck and a separate gate for use by hotel personnel for depositing trash.

       (m) All exterior lighting shall be confined to the subject parcel and shall not unreasonably radiate into any adjoining parcel.

       (n) Before a special use permit is issued:

       [1] The construction plans and site plans must be submitted to the Lynbrook Fire Department for evaluation. The Fire Department will submit a report to the Board of Trustees commenting on compliance with Code and accessibility for firematic purposes; and

       [2] A parking plan must be submitted to the Building Department for approval. Said plan shall:

       [a] Comply with accepted standards for the proposed use; and

       [b] Display an acceptable scheme to limit parking use to hotel guests and/or livery vehicles.

       § 252-30. Prohibited uses.

       [Amended 8-13-1968 by Ord. No. 68-20; 6-16-1980 by L.L. No. 9-1980]

       A. No building or premises shall be used, and no building shall be erected or altered, which is arranged, intended or designed to be used for any of the following specified trades, industries or uses:

       (1) Bottling or distribution stations.

       (2) Car barns.

       (3) Carpenter shops.

       (4)Carpet or rug cleaning establishments.

       (5) Cement plants, cement mix plants or lime mix or mixture, cement or cement mix or mixture, gypsum or plaster of paris mix or mixture, or manufacture thereof, and such trade or substantially similar trade, industry or use in which any such mixture or material used therein falls or drips upon the roadway, street or streets of the Village, and industry, trade or use which requires haulage to or from the place where such industry, trade or use is carried on of any material or substance where such material or substance is not so covered that the same may not be blown or dispersed into the air or street while being hauled to or from any place of business in said district.

       (6) Coal yards.

       (7) Contractor's plants.

       (8) Convalescent homes.

       (9) Establishments for cleaning and dyeing of clothes, goods, wares or merchandise.

       (10) Gas manufacturing or storage (illuminating or heating).

       (11) Gasoline service stations.

       (12) Lumber yards.

       (13) Public garages, dance halls, used car lots or stands, storage of junk, scrap metal, wrecked or abandoned automobiles, used automobile parts or accessories, paper or rags (sorting or bailing), storage and/or sale of automobiles, except such as are on sale within salesrooms.

       (14) Public or private hospitals or other places where persons suffering from mental or any kind of diseases whatsoever are kept or treated.

       (15) Public stables, or the storage of hay, grain, feed, excelsior, straw or other flammable materials.

       (16) Railroad spurs or freight yards.

       (17) Repair shops for motor vehicles, unless the same are to be used in conjunction with a showroom as herein otherwise provided under § 252-29A(10) hereof.

       (18) Sawmills, planing or woodworking mills.

       (19) Stone or monument works.

       (20) Storage and/or sale of automobiles, except such as are on sale within salesrooms.

       (21) Upholstery shops, where upholstery work is performed.

       (22) Vehicles shall not be stored upon vacant lots or plots.

       (23) Veterinary, animal hospital, kennel and boarding of animals.

       (24) All uses expressly prohibited in the Light Manufacturing and Industrial Districts.

       (25) Any other use which is harmful or dangerous to the customs or character of the surrounding property shall not be permitted, nor shall any use be permitted which has the effect of emitting odor, dust, smoke, gas or noise into the public street or thoroughfare, except as otherwise in this chapter provided.

       (26) Boardinghouse, rooming house or lodging house.

       (27) Hotels. [Added 10-26-1992 by L.L. No. 11-1992]

       (28) Amusement centers containing more than two (2) amusement center games, as defined in Chapter 66, Amusements. [Added 4-18-1994 by L.L. No. 4-1994]

       (29) Tattoo parlors. However, any tattoo parlor in business on the effective date of this chapter may continue to operate up to January 30, 2001, at which time such business shall be unlawful. [Added 5-6-1996 by L.L: No. 1-1996]

       (30) A business which allocates a substantial portion of its operations engaging in the piercing of parts of the human body for the purpose of attaching or inserting jewelry, decoration or other like ornaments therein. [Added 5-6-1996 by L.L. No. 1-1996]

       § 252-31. Lot coverage; frontage, lot area and living space for two-family dwellings.

       A. Apartment houses; multiple dwellings or clubs shall in this district be erected upon a plot not exceeding fifty percent (50%) of such lot or plot and to furnish space for garages or car spaces on such lot or plot, and such garage spaces or car spaces shall be as set forth in this chapter based upon the number of apartments or housekeeping units in such buildings. [Amended 10-26-1992 by L.L. No. 11-1992]

       B. No two-family house shall hereafter be erected in this district unless the same shall have a frontage of not less than sixty (60) feet and a lot area of not less than six thousand (6,000) square feet, with not less than two thousand (2,000) square feet of living space above the foundation.

       § 252-32. Height restrictions.

       [Amended 1-4-1988 by L.L. No. 4-1988; 8-12-1991 by L.L. No. 5-1991]

       No building or part thereof or structure or accessory structure or accessory building shall be erected, altered or raised that is higher than three (3) stories or forty (40) feet above the curb level of the street.

       § 252-33. Front yards; required setbacks.

       [Amended 10-26-1992 by L.L. No. 11-1992]

       The front yard requirements for apartment houses, multiple dwellings or clubs shall be a minimum of twenty-five (25) feet. On the corner lots the setback distance from the street line other than the street upon which the building fronts shall be not less than fifteen (15) feet.

       § 252-34. Side yards.

       [Amended 10-26-1992 by L.L. No. 11-1992]

       Side yards are not required except for apartment houses, multiple dwellings or clubs, which side yards shall be no less than fifteen (15) feet in width on each side of the buildings.

       § 252-35. Rear yards.

       [Amended 10-26-1992 by L.L. No. 11-1992]

       Rear yards shall be a minimum of ten (10) feet, except for apartment houses, multiple dwellings or clubs, which shall have a rear yard of not less than twenty (20) feet.

       § 252-36. Yard requirements for single-family or two-family dwellings.

       Any building erected or hereafter constructed for a single-family detached or a two-family detached house must comply with the front yard, side yard or rear yard requirements as set forth in §§ 252-17, 252-18 and 252-19 of this chapter.

       ARTICLE VI Regulations for Light Manufacturing Districts

       § 252-37. Permitted uses.

       A. There is permitted in this district all uses allowed in any Dwelling or Commercial District and the uses hereafter set forth, namely:

       (1) The manufacturing of articles or the assembling of unfinished parts by hand or machine or both, except heavy industry, provided that the noise caused by the operation of the machinery, the emission of odors, stenches, dust, smoke, gas or noise are confined within the building or premises where such manufacturing or assembling of articles is carried on, and provided that, where machines are used in such manufacturing or assembling, each such machine shall be operated by a motor of not more than five (5) horsepower. In buildings in which elevators are operated, the limitation of horsepower herein set forth shall not apply with respect to such elevators and conveyors. A blower may be of such horsepower as may be necessary, provided that the noise thereof shall be confined within the building, and provided that the duct shall not extend more than six (6) feet above the roof level of the building.

       (2) Auto laundries.

       (3) Bake shops or bakeries where bread or cake, or both products, are baked or sold at wholesale or retail.

       (4) Buildings which are used to transiently store merchandise or packages for distribution, with the right to house therein the motor vehicles used in such business, except as otherwise expressly prohibited in this chapter. Not more than one (1) gasoline pump may be used; it must be inside the building and used only for servicing of the motor vehicles used in such business. The vehicles used in such business may be repaired therein, provided that not more than three (3) men are so employed on such repairs.

       (5) Repair of vehicles.

       (6) Public garages, except as otherwise provided in Article VIII.

       (7) Repair shops, except in public garages.

       (8) Upholstery shops. No upholstery work shall, however, be performed in any part of any building where excelsior, dry moss or sisal is used in connection with such work, unless said part of said building is made fireproof and so maintained or unless such excelsior, dry moss or sisal be kept in covered metal containers.

       (8) The pasteurization of milk and bottling of same.

       (9) Lodges and clubs subject to approval of the Board of Trustees, after public hearing and notice. [Added 10-26-1992 by L.L. No. 11-1992']

       (10) [Added 1-3-1994 by L.L. No. 1-1994] Outdoor storage of new automobiles upon an open lot by dealers of new cars having a franchise to sell new cars in the village, subject to the approval of the Board of Trustees after public notice and hearing and subject to the following conditions and limitations:

       (a) A special use permit issued hereunder shall expire three (3) years after the time of its issuance. Application to renew the special use permit may be made to the Board of Trustees in the same manner as an original application.

       (b) A special use permit may be granted hereunder if the Board of Trustees finds that the proposed use will not be dangerous or detrimental to the public health, safety or general welfare and will not adversely affect residential or other properties. In making its determination, the Board of Trustees may also take into consideration any other factors it deems relevant.

       (c) If any part or parts of this Subsection A(10) are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Subsection A(10). The Board of Trustees hereby declares it would have enacted this Subsection A(10) and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one (1) or more sections, subsections, sentences, clauses or phrases might be declared invalid.

       § 252-38. Prohibited uses.

       A. No building or premises shall be used, and no building shall be erected or altered, which is arranged, intended or designed to be used for any of the following specified trades, industries or uses:

       (1) Any power unit of over five (5) horsepower, except a blower.

       (2) Asphalt manufacturing or refining, cement plants or cement mix plants, or lime mix or mixture, cement or cement mix or mixture, gypsum or plaster of paris mix or mixture, or manufacture thereof, and such trade or substantially similar trade, industry or use in which any such mixture or material used therein falls or drips upon the roadway, street or streets of the village and industry, trade or use is carried on of any material or substance where such stance is not so covered that the same may not be blown or dispersed into the air or street while being hauled to or from any place of business in said district.

       (3) Assaying (other than gold or silver).

       (4) Blacksmithing or horseshoeing.

       (5) Brewing or distilling of beer or liquors.

       (6) Carpet or rug cleaning.

       (7) Crematories.

       (8) Dyeing or dry cleaning; tailors may do hand spotcleaning as an incident to tailoring.

       (9) Electrical central station power plants.

       (10) Fat rendering.

       (11) Lampblack manufacturing.

       (12) Lumberyard.

       (13) Lunch wagon, whether on wheels or foundation.

       (14) Sawmill or planing mill.

       (15) Smelting.

       (16) Stable for horses.

       (17) Starch, glucose or dextrine manufacturing.

       (18) Sugar refining.

       (19) There is prohibited in this district all buildings, structures and uses prohibited in the Industrial District, unless herein expressly permitted.

       (20) One- and two-family dwellings.

       (21) Boardinghouses, rooming houses or lodging houses. [Added 8-13-1968 by Ord. No. 68-21]

       (22) Hotels. [Added 10-26-1992 by L.L. No. 11-1992]

       (23) Amusement centers containing more than two (2)amusement center games, as defined in Chapter 66, Amusements. [Added 4-18-1994 by L.L. No. 4.1994]

       (24) Tattoo parlors. [Added 5-6-1996 by L.L. No. 2-1996]

       (25) A business which allocates a substantial portion of its operations engaging in the piercing of parts of the human body for the purpose of attaching or inserting jewelry, decoration or other like ornaments therein. [Added 5-6-1996 by L.L. No. 2-1996]

       § 252-39.Height restrictions.

       [Amended 1-4-1988 by L.L. No. 4-1988; 8-12-1991 by L.L. No. 5-1991]

       No building or part thereof or structure or accessory structure or accessory building shall be erected, altered or raised that is higher than three (3) stories or forty (40) feet above the curb level of the street.

       § 252-40. Rear yards.

       [Amended 10-26-1992 by L.L. No. 11-1992]

       Rear yards are required of no less than ten (10) feet, except that no apartment house multiple dwelling or club which shall hereafter be erected shall a have a rear yard of less than twenty (20) feet.

       § 252-41. Yard requirements for single-family or two-family dwellings.

       Any building erected or hereafter constructed for a single-family detached or a two-family detached house must comply with the front yard, side yard or rear yard requirements as set forth in §§ 252-17, 252-18 and 252-19 of this chapter.

       § 252-42. Lot coverage.

       [Amended 10-26-1992 by L.L. No. 11-1992]

       Apartment houses, multiple dwellings or clubs shall be erected in this district upon a plot not exceeding fifty percent (50%) of such lot or plot and, to furnish space for garages or car spaces, shall be as set forth in this chapter based upon the number of apartments or housekeeping units in such buildings.

       § 252-43. Front yard and setback requirements for certain uses.

       [Amended 10-26-1992 by L.L. No. 11-1992]

       The front yard requirements for apartment houses, multiple dwellings or clubs shall be a minimum of twenty-five (25) feet. On corner lots the setback distance from the street line other than the street upon which the building fronts shall be not less than fifteen (15) feet.

       § 252-44. Side yards.

       [Amended 10-26-1992 by L.L. No. 11-1992]

       Side yards are not required, except for apartment houses, multiple dwellings or clubs, which side yards shall be no less than fifteen (15) feet in width on each side of the buildings.

       ARTICLE VII Regulations for Industrial Districts

       § 252-45. Permitted and prohibited uses.

       A. There is permitted in this district all uses allowed in Dwelling C, Commercial or Light Manufacturing Districts, milk bottling stations, mineral water and soft drinks, and in addition all other uses, except that no building or premises shall be used nor a building erected or altered which is arranged, intended or designed for any of the following specified trades, industries or uses:

       (1) Abattoirs or stockyards, poultry slaughterhouses or premises for live storage of poultry.

       (2) Acetylene gas manufacturing and/or storage.

       (3) Ammonia, chloride or bleaching powder manufacture, except the sale thereof.

       (4) Apartment house or multiple dwellings or one- and two-family dwellings.

       (5) Asphalt plant, cement plant or cement mix plant, gypsum or plaster of paris plant or mixing plant.

       (6) Billboards or advertising signs, except on roofs and walls of buildings and except as otherwise provided and except also where permitted by the Board of Trustees or otherwise provided by village legislation.

       (7) Blast furnaces, rolling mills, smelter or boiler works, or glass manufacture.

       (8) Brick, tile or terra cotta manufacturing, or pottery manufacturing.

       (9) Celluloid manufacturing or storage.

       (10) Coke ovens.

       (11) Convalescent homes, public or private hospitals or other places where persons suffering from mental diseases of any kind whatsoever are kept or treated.

       (12) Creosote manufacture or treatment of products with creosote.

       (13) Distillation of coal, petroleum, refuse grain, wood or bones, except when conducted in a laboratory for research purposes or for analysis.

       (14) Dumping of dead animal offal, garbage, rubbish or sewage reduction; the reduction or burning of any such products or material, except that rubbish may be burned as provided in the Code of the Village of Lynbrook.

       (15) Dyestuff manufacturing, dyeing or dry cleaning, except as in this chapter otherwise provided.

       (16) Emery cloth or sandpaper manufacturing.

       (17) Fertilizer manufacturing.

       (18) Foundries, blacksmiths' shops, boiler shops, car shops, locomotive or railway repair shops or any metal working shops employing pneumatic or electric reciprocating hammers or chisels; power forging, riveting, hammering, punching, chipping, drawing, rolling or tumbling of iron, steel, brass or copper except as a necessary incident of manufacture of which these processes form a minor part and which are carried on, provided that the noise and vibration thereof is carried on within the walls of the building, structural steel or fabricating shop.

       (19) Gas manufacturing or storage in excess of ten thousand (10,000) cubic feet of illuminating or heating gas.

       (20) Glue, sizing or gelatine manufacturing.

       (21) Gunpowder, fireworks or manufacturing, assembling or storing of any other articles or combination of materials or ingredients which alone or in combination may be or become explosive; the manufacturing of articles out of ingredients similar to those used in articles known as scotch tape or pax.

       (22) Iron, steel, brass or copper works or manufacturing thereof.

       (23) Lunch wagon, whether on wheels or foundation.

       (24) Manufacturing of lime, cement, gypsum or plaster of paris.

       (25) Manufacturing of matches or storage of same in bulk.

       (26) Oil cloth or linoleum manufacturing.

       (27) Ore reduction or the smelting of iron, copper, tin, zinc, lead or any other metal.

       (28) Paint, oil, varnish, turpentine, shellac or enamel manufacturing.

       (29) Printing ink manufacturing.

       (30) Pyroxylin, flammable plastics, flammable plastic manufacturing or the manufacturing of any articles in which the ingredients, alone or in combination with others, are highly flammable or explosive.

       (31) Raw hides or raw skins, the sale, storage, curing or tanning thereof.

       (32) Rubber, caoutchouc or gutta-percha manufacturing from crude or scrap materials or the synthetic manufacturing thereof.

       (33) Shoddy manufacturing or wool pulling or scouring.

       (34) Slaughter of animals or poultry.

       (35) Soap, tallow, grease or lard manufacturing or fat rendering.

       (36) Soda or washing compound manufacturing.

       (37) Storage of junk, scrap, metal, wrecked or abandoned automobiles, used automobile parts or accessories, and sorting or baling of paper or rags.

       (38) Storage or refining of petroleum, except storage of gasoline in garages or oil filling stations, or fuel oil underground, under conditions allowed by law or by this chapter.

       (39) Sulphurous, sulphuric, nitric or hydrochloric acid manufacturing or storage.

       (40) Tar distillation or manufacturing, thereof, tar waterproofing manufacture.

       (41) Tobacco (chewing) manufacture or treatment, or curing after treatment.

       (42) Vendor's stand, not in an enclosed building.

       (43) Yeast manufacture.

       (44) Those uses which have been or may be declared as a nuisance in any court of record, and those nuisances which are noxious or offensive by reason of the emission of odors, stenches, dust, smoke, gas or noise, which cannot be confined within the building and removed by the use of a blower.

       (45) Auto body repair shops. [Added 6-13-1977 by L.L. No. 8-1977]

       (46) (Reserved)'

       (47) Storage, handling and distribution of any radioactive materials and toxic wastes of any kind, except those which are actually used by a duly licensed physician or dentist in the practice of his profession. [Added 3-16-1981 by L.L. No. 3-1981]

       (48) Sale of merchandise, produce, refreshments, foods or any other wares through, on or from any exterior counter or window or through, on or from any drive-in window or counter, open or partially open building or any other like arrangement, except during the hours of 7:00 a.m. to and including 11:00 p.m. [Added 12-19-1983 by L.L. No. 5-1983]

       (49) Hotels. [Added 10-26-1992 by L.L. No. 11-1992]

       (50) Amusement centers containing more than two amusement center games, as defined in Chapter 66, Amusements, except when permitted pursuant to § 252-119 of this chapter. [Added 4-18-1994 by L.L. No. 4-1994]

       (51) Tattoo parlors. [Added 5-6-1996 by L.L. No. 3-1996]

       (52) A business which allocates a substantial portion of its operation engaging in the piercing of parts of the human body for the purpose of attaching or inserting jewelry, decorations or other like ornaments therein. [Added 5-6-1996 by L.L. No. 3-1996]

       § 252-46. Height requirements; rear yards.

       The requirements for height and rear yards shall be the same as the provisions therefor in the Commercial District.

       ARTICLE VIII Storage and Parking of Vehicles

       § 252-47. Restrictions on location of gasoline service stations and garages.

       No building shall hereafter be erected, altered or extended for any gasoline service station or garage when, on any portion of a street between two intersecting streets, there exists an entrance or exit to a public school or in which portion there exists a hospital and, in no case, within 200 feet of any charitable institution: This protection shall also apply to any other duly organized school under the jurisdiction of the Board of Education of the State of New York, to a public library, church, hospital or orphanage. These provisions apply also to religious schools.

       § 252-48. Required garage for one-family and two-family dwellings; storage of commercial vehicles.

       [Amended 1-5-1976 by L.L. No. 3-1976; 11-18-1985 by L.L. No.11-1985; 3-2-1998 by L.L. No. 1-1998]

       A. In a one- or two-family district, the premises is required to provide garage space. Such garage space shall not be for more than three vehicles. The parking or storage of a commercial vehicle on a lot in any residence district shall not be deemed an accessory use and is prohibited. However, the parking or storage of one commercial vehicle not exceeding a carrying capacity of 1 1/2 tons, owned and used by the owner or tenant of the lot, wholly within a closed private garage located on said lot, shall be deemed an accessory use and is permitted.

       B. Whenever a one-family dwelling shall hereafter be erected, there shall be erected and maintained on the same premises a one-car garage.

       C. Whenever a two-family dwelling shall hereafter be erected, there shall be erected and maintained on the same premises a two-car garage.

       D. No garage hereafter erected as an accessory to a one- or two-family dwelling shall be constructed below the level of the curb, as defined in § 81-2.

       E. All existing garages shall be maintained and kept in good repair and, if destroyed or demolished by acts of God, condemnation, governmental order or otherwise, shall be replaced within two years, or such longer time as may be permitted by the Board of-Trustees when hardship prevents replacement within the prescribed period.

       § 252-49. Storage of vehicle in rear yard.

       Where there is no garage or enclosure for a car, one car other than a commercial vehicle may be kept in the rear yard portion of the lot as accessory to the dwelling thereof.

       § 252-50. Parking space for multiple dwellings.

       [Amended 10-10-1974 by L.L. No. 2-1974]

       Whenever an apartment house or multiple dwelling shall hereafter be erected or altered for the use of three or more families, provision must be made for garage space or off street parking space, which parking space shall be hard-surfaced and marked for each car for private passenger automobiles only, in a number equal, to no less than 2 1/2 cars for each family or housekeeping unit in each such apartment house or multiple dwelling. Said garage or parking space shall be for the use only of tenants or occupants of such apartment house or multiple dwelling and no others. Said garages shall not encroach upon the rear yard, side yard or front yard requirements and shall not exceed one story in height, and such garage or parking space shall be erected on the plot or parcel upon which such apartment house or multiple dwelling is erected or altered. Such garage, if erected in the rear of the premises, shall be erected at least four feet from the property lines.

       § 252-51. Location of garages in residence districts.

       A. Garages in Dwelling A, B and C Districts shall not be nearer the side of rear property lines than two feet; nor shall they be nearer the street line than the greatest setback distance of the street wall of the building; nor shall any garage -which-is nearer to the street line than the rear wall of a dwelling be nearer than four feet to any side lot line; no garage shall be nearer than eight feet to any part of a dwelling, unless it complies with the provisions of Chapter 81 of this Code. [Amended 1-4-1988 by L.L. No.1-1988]

       B. The limitations imposed by this section upon the location of a garage shall not apply when the garage is incorporated as an integral part of an enclosed building to which it is accessory. No part of the garage shall extend more than five feet beyond the main front foundation wall when an integral part of the building, except that when the main front foundation wall of the dwelling of which the garage is an integral part is set back from the street line at a distance of more than 35 feet, the garage may extend more than five feet beyond the main front foundation wall of the building but not farther than the average setback distance on the block.

       § 252-52. Location of required off-street parking spaces.

       [Amended 1-27-1992 by L.L. No. 4-1992]

       A. Off-street parking must be provided on the same lot with the building with no parking or parking spaces in rear yard, side yard or front yard setback areas, except as otherwise provided in this Code.

       B. No vehicles shall be permitted on an open lot or upon an open spot in or about a dwelling except temporarily while going to or from the dwelling house, except as otherwise provided in this Code.

       C. Tiered parking or multiple-level parking is not permitted except where a special use permit is granted therefor pursuant to § 252-122. [Amended 9-15-2003 by L.L. No. 8-2003]

       D. Underground parking shall only be permitted with the approval of the Board of Trustees, after notice of public hearing.

       § 252-53. Storage of vehicles for sale.

       A. The foregoing provisions shall not apply to a lot upon which cars are sold by dealers of new cars having a franchise. Except as aforesaid, a dealer operating a showroom in the Village and having a franchise for the sale of new cars from a manufacturer or from a subsidiary of said manufacturer authorized to grant a franchise to sell new cars in the Village may display for sale, upon a lot or plot in such Village on Merrick Road between Horton and Ocean Avenues and on Sunrise Highway between Horton and Ocean Avenues and on Broadway between Sunrise Highway and Putnam Avenue, the used cars taken in as a part of the purchase price of the said dealer's new cars; provided that the lot upon which such used cars are displayed for sale holds not more than 50 such used cars. The dealer may, in the sale of such cars, take a car or cars as part of the purchase price or in exchange for such used cars, and such used cars may be displayed for sale so long as the dealer has a franchise for the sale of new cars and for not more than six months thereafter, provided that a permit has been issued as hereinafter provided.

       B. Any and all lights used upon said lots shall be so arranged or shaded that they will not shine into buildings used for dwelling purposes in or near the vicinity of said lots, and such lights shall be extinguished no later than 10:00 p.m.

       C. No lot or plot shall be used for sale of such used cars until the dealer has made application for and received a permit therefor from the Village Clerk. Such application shall be signed by the dealer and shall contain the following information:

       (1) The name and home address of the dealer.

       (2) That he has or will have a showroom in the Village and the address thereof, in which showroom new cars are being or will be displayed, within 30 days, and no used cars are to be displayed or offered for sale on an open lot until new cars are shown in the salesroom.

       (3) That he has a franchise to sell new cars and will show same upon request.

       (4) The location of the lot in which such used cars will be displayed and offered for sale.

       D. The dealer shall, upon request of the Board of Trustees, furnish said Board of Trustees with a list of the names and addresses from whom all such cars have been taken in trade as aforesaid, the date of transaction, the make of car, motor or serial number of the new car sold.

       E. The right to show and sell such used cars as aforesaid, upon failure to comply with the conditions hereof shall cease if such dealer refuses or neglects to give such list within a period of 10 days after the request therefor, and his permit shall be canceled by the Village Clerk.

       § 252-54. Required off-street parking spaces.

       A. The following parking space shall be provided and properly maintained by the owner or lessee of each building hereafter erected, enlarged or altered for use of any of the following purposes:

       (1) Office buildings, including, without limitation, banks or professional offices: one (1) space for each two hundred fifty (250) square feet of total floor space. [Amended 1-488 by L.L. No. 6-1988]

       (2) Auditoriums, clubs, lodges, theaters or other places of public assemblage, except churches and other places of worship: four percent (4%) of the number of seats therein.

       (3) General commercial, manufacturing, warehouses and storage buildings: one (1) space for each four hundred (400) square feet of the gross floor area or fraction thereof, or for each ten (10) workers, whichever will provide the greater amount of parking space. Whenever a building is hereafter erected or is so altered that there is an increase in floor area or the number of seats as hereinbefore provided required by this chapter, then there shall be furnished additional space based upon such increased floor space or such increased number of seats, as the case may be.

       (4) (Reserved)

       (5) Restaurants or other eating places: one (1) space for each five (5) seats, except where it is a part of and in a building which provides parking space, in which case the number of places already provided may be taken to be available for the restaurant or such other eating place.

       (6) Stores, other than supermarkets: there shall be provided one (1) space for each two hundred (200) square feet or fraction thereof of floor space. This provision shall not apply to supermarkets. [Amended 10-1-1990 by .L. No. 3-1990]

       (7) Stadiums and sports arenas: one (1) space for each fifteen (15) seats.

       (8) Supermarkets: one (1) space for each four hundred (400) square feet of floor space or fraction thereof.

       (9) All commercial uses not otherwise provided for: one (1) space for each four hundred (400) square feet of total floor space. [Added 1-1-88 by L.L. No. 6-1988]

       B. All parking spaces provided pursuant to the provisions of this section or any other section of this chapter regarding parking space shall be on the same lot with the building.

       § 252-55. Public garages.

       Public garages, when and where permitted, shall not be more than fifty (50) feet in height and shall be of steel and/or masonry construction and fireproof.

       § 252-56. Garages accessory to multiple residences and hotels.

       [Amended 10-26-1992 by L.L. No. 11-1992]

       Space in a garage accessory to a multiple-family residence may be rented only to occupants of the premises; in conjunction therewith, one (1) or more attendants may be employed. Such attendants may make minor adjustments or repairs and may wash cars for tenants, provided that such work is done entirely within the building and no machinery of any kind other than an air pump and battery charger are employed.

       § 252-57. Location restrictions on garages.

       No public or private garage for more than five (5) motor vehicles shall have an entrance or exit for motor vehicles within fifty (50) feet of a residential district.

       § 252-58. Loading spaces.

       [Amended 10-26-1992 by L.L. No. 111992]

       All department stores, retail stores and retail and wholesale food markets, warehouses, supply houses, buildings devoted to wholesale or manufacturing trades, hospitals or other buildings where large amounts of goods are received or shipped, erected in any zone after the date of adoption of this chapter shall provide loading and unloading space as follows:

       A. One (1) permanently maintained truck loading and unloading apace of not less than ten (10) feet in width and twenty-five (26) feet in length for each lot area of four thousand (4,000) square feet or more on which building is to be erected.

       B. The minimum number of loading spaces shall be increased in accordance with the estimated volume or frequency of the loading and unloading requirements of the proposed use of the building.

       ARTICLE IX General Regulations

       §252-59. Applicability.

       The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided for in the following supplementary regulations.

       § 262-60. Construction of permitted uses.

       All uses permitted in the village shall be in a structure having support by columns or by walls, as defined in § 262 2, and shall be sin accordance with the Building Code' requirements of the village in all other, respects and after a permit and certificate of occupancy have been issued.

       § 262-61. Bulk requirements to be complied with.

       No building shall be erected or altered and no lot area shall be so reduced that thereby the minimum dimensions of yards, courts or other open spaces shall be less than prescribed by this chapter, except where a practical and unnecessary hardship results.

       § 262-62. Shows and similar exhibitions to be In permanent structures.

       In no district shall there be permitted any. show, exhibition or performance, circus, carnival, theatrical representation, moving picture shows, feats of horsemanship, caravan of animals, or of any animals or artificial curiosity, unless same are housed in a permanent structure erected for theatrical or show purposes in conformity with the Building Code of the village.

       § 252-63. Certain amusements to be in permanent structures.

       In no district shall there be permitted the erection or maintenance of carousel, Ferris wheel, gravity steeplechase, scenic cave or scenic railway, bicycle carousel, striking machine, switchback or merry-go-round, unless housed in an enclosed permanent structure erected for such purposes in conformity with the Building Code of the village.

       § 252-64. Minimum setbacks.

       [Amended 4-4-88 by L.L No. 10-1988]

       A. The front yard or setbacks of any structure in all districts shall be the greater of:

       (1) The front yard setbacks required in that district pursuant to the Articles of this chapter;

       (2) The setbacks shown upon the Zoning Setback Map, as prepared by Carman-Dunne, Inc., which map is made a part of this chapter; or

       (3) The average front yard setbacks of all existing structures on the block the parcel, upon which the structure is to be built or maintained is located and on the same side of the street as the subject parcel.

       B. With respect to corner plots, such plots in the Commercial, Light Manufacturing and Industrial Districts shall be deemed to have two (2) front yards for purposes of compliance with the front yard setback provisions of this section.

       § 252-65. Village not subject to chapter.

       The village may permit or erect, alter or use in any district any building or premises to be used for the housing of fire apparatus or performance of firemanic duties, or premises for municipal use or purpose.

       § 252-66. Public parking lots.

       The village may license for use in the Commercial, Light Manufacturing and Industrial Districts any lot or plot for public parking, for which parking a charge may be made, upon fee to be paid by the owner or lessee of said premises to the village, and said village may use for public parking, for which no fee is charged, any lot or plot in the village.

       § 252-67. Uses allowed with permit.

       The Board of Appeals may, in appropriate cases, after public notice and hearing and subject to appropriate conditions and safeguards imposed by the said Board of Appeals for the health, safety, morals or general welfare of the public, determine and vary the application of the use regulations contained in this Article established in harmony with the general purpose of the Zoning Ordinances and within the limits of the state enabling acts and the intent thereof, without the applicant being obliged to show practical difficulties or unnecessary hardship as follows:

       A. Permit in the Light Manufacturing or Industrial Districts, a small animal hospital, subject however, to the standard and guide provision contained in this chapter.

       B. In no district except Light Manufacturing and Industrial shall there be permitted to be placed in the open in any yard, lot or plot for storage any vehicles, materials or tools, nor shall same be permitted upon any such lot or plot where a building or buildings are to be constructed, unless a permit has been legally issued therefor and only for the purpose of such construction, but all such materials shall be fenced in.

       § 252-68. Issuance of permits for municipal uses and public utilities.

       The Board of Trustees reserves to itself the discretion, approval and authority to issue permits for the erection, enlargement or increase of buildings and uses for municipal uses or purposes and for public utility companies for public use, upon such conditions as it may deem necessary for the public health, safety, morals and general welfare.

       § 252-69. Billboards and signs.

       No billboards or advertising signs shall be erected or maintained in the A, B or C District, and no billboards in the Commercial District. Billboards or advertising signs may be erected in the Light Manufacturing or Industrial Districts, provided that same are not more than fifty (50) square feet in area. All such billboards and advertising signs shall be three (3) feet or more clear above the ground and shall be ten (10) feet or more from any lot line. If not attached to the wall of the building for their entire length, they must be lighted on both sides, the lights, however, so arranged or shielded as not to shine into any building used for dwelling purposes in the vicinity of said billboard or sign.

       § 252-70. Undersized lots.

       Notwithstanding the limitations imposed by any other provisions of this chapter, the Superintendent of Buildings shall issue a permit for the erection of a dwelling for one (1) or two (2) families on any lot (except a lot in an Industrial District), separately owned or under contract of sale and containing, at the time of the passage of this chapter, an area or a width smaller than that required for a one- or two-family dwelling except that there shall be compliance with the front yard setback requirements.

       § 252-71. Reductions in lots.

       No lot shall be so reduced in area that any required open space will be smaller than prescribed in the regulation for the district in which said lot is located, except as hereinbefore set forth.

       § 252-72. Visual obstructions.

       [Amended 12-18-78 by L.L. No. 18-1978]

       After December 18, 1978, on a corner lot in any residence district, no fence, wall, hedge or other structure or planting more than three (3) feet in height shall be erected or placed from a point twenty (20) feet from the inside sidewalk line.

       § 252-73. Bay windows.

       Bay windows, including their cornices and eaves, may project into any required yard not more than two (2) feet; provided, however, that the sum of such projection on any wall does not exceed one-third (1/3) the length of said wall.

       § 252-74. Fire escapes.

       Open fire escapes may extend into any required yard not more than four (4) feet six (6) inches.

       § 252-75. (Reserved)

       § 252-76. Businesses on residential district boundaries.

       A. Where a residence district is bounded by a portion of a Commercial, Light Manufacturing or Industrial District, referred to hereafter as "business district," any side street extending through such residence district into such business district shall not be used for any business purposes except as herein set forth.

       B. The business structure erected in said business district shall face and open upon the street set aside for business purposes, except that show windows in such business structures may be built and exposed upon said side street within the area set aside as a part of such business district, and an entrance may be made at the corner of such business and residential street; and all other entrances thereto must face on the business street, except that entrances may be made from such residential street to the upper stories of such business structure.

       C. All front, side and rear doors of all such business structures must be and remain securely closed, except when being used to exit from or enter into such business structures. [Added 4-15-85 by L.L. No. 3-1985]

       § 252-77 Required yards between business and residence districts.

       Where a lot in a business or industrial district abuts a lot in a residence district, there shall be provided along such abutting line a yard equal in width or depth to that required in the residence district. Such yard need not be in excess of ten (10) feet.

       § 252-78. Permits affected by legislation in process.

       No permit shall be issued for a use which is prohibited or which is not expressly permitted in an amendment to this chapter or to a new Zoning Ordinance which has already been published, until such amendment or ordinance has been either defeated or adopted and ordained. In the event it is defeated, then if the use is permitted by the old ordinance, a permit shall be issued therefor, if the applicant has complied with all the code and other village requirements. If the use is prohibited by an adopted or ordained ordinance, then no permit shall be issued.

       § 252-79. Standards for grant of exception.

       When the Board of Appeals grants an exception referred to in this Article, then it shall be guided in its determination and discretion by the same standard as is set out in § 252-115.

       § 252-80 Storage of fuel to service vehicles of owner or occupant.

       A.person, firm, association or corporation may, for the sole purpose of servicing the vehicle used in his or its own business with gasoline, maintain for such service not more than two (2) pumps and the tanks necessary therefor, such tanks to hold not more than two thousand (2,000) gallons of gasoline. Neither the pumps nor tanks may be installed inside the building but must be so located that they shall be wholly used and operated within the property lines of the building lot, the tanks to be serviced by vehicles without using the sidewalk.

       ARTICLE X Screening and Fencing

       § 252-81. Scope of Article; screening required; maintenance.

       A. Wherever a building or structure shall hereafter be erected or altered or extended in zones designated as Commercial, Light Manufacturing or Industrial and which zones are contiguous to, abut or face across a street from any zone designated as Dwelling A, Dwelling B or Dwelling C Districts, or in the event such Commercial, Light Manufacturing or Industrial Zones are contiguous to, abut or face across a street from any public building, public and parochial school, as part of the issuance of the building permit for such erection, alteration or extension, it shall be required that there be erected, installed and maintained along the plot lines a screen of evergreen plantings or such other type of fence as may be determined and required by the Board of Review of the village.

       B. The purpose and aim of this Article is to separate and screen all activities and artificial lights from such commercial, light manufacturing or industrial zoned property where such activities and lights may affect the health, safety and general welfare of the occupants of any residential buildings, public buildings, public or parochial schools.

       C. Plantings of evergreens shall be continuously cared for and maintained alive, and any other type of fence shall be maintained in good and sound condition. Evergreen screens or fences shall be of a height of not less than six (6) feet, and in the event that this Article conflicts with any other ordinance of the village as to height, then, in such event, the height set forth in this Article shall prevail.

       § 252-82. Types of trees and fences.

       Types of evergreen screening or fence shall be as follows:

       A. If evergreens, hemlock shall be preferred of the genus conium maculatum. In conjunction with this evergreen screen, there also shall be required the installation of a woven wire fence of no larger than one-inch openings along the base of the evergreen planting to a height of two (2) feet from grade. Such woven wire fence must be continuously maintained in good repair and to act as a stop for debris to enter the adjoining residential zones, or zones on which public buildings, public and parochial schools are situated. Debris and weeds shall not be allowed to accumulate along such fence.

       B. Whenever a wood, wattle, picket or other type of fence is installed, same shall be closely integrated with spacing no greater than one (1) inch apart. It shall be installed on posts of galvanized pipe of not less than two and one-half (21/2) inches outside diameter, set in concrete below grade of not less than eighteen (18) inches in depth. Such fence shall be maintained in good repair at all times.

       § 252-83. Time for compliance.

       On all property in Commercial, Light Manufacturing or Industrial Zones which abuts, is adjacent to, contiguous to or across a street from Dwelling A; Dwelling B or Dwelling C Districts or a public building, public or parochial school, the owner thereof shall, within the period of one (1) year from the adoption of this Article be and is hereby required to comply with all the provisions herein as to fencing or screening.

       § 252-84. Action by village upon noncompliance with notice.

       Failure to maintain evergreen screenings or fences in good repair after ten (10) days have elapsed from notice to the owner by the village to take remedial action, the work to repair shall be undertaken by the village, and the full cost thereof shall be assessed as a lien against the property. Such notice to repair and maintain shall be in writing, forwarded to the last owner of record by certified mail.

       § 252-85. Relief from provisions.

       In the event any property owner affected by this Article cannot, due to unique and practical hardship, comply fully or in part with the provisions of this Article, such property owner so aggrieved may apply for relief upon written application to the Board of Trustees, and there shall be a public hearing held to review and determine the request for the relief sought under the provisions of this Article.

       ARTICLE XI Multiple Dwellings and Apartment Houses

       § 252-86. Definitions and word usage applicable to Article.

       A. As used in this Article, the following terms shall have the meanings indicated:

AISLE - The space required for access to each off-street parking space, and shall be a minimum of twenty-two (22) feet in width for the entire necessary length.

BASEMENT - A story partly underground but having more than one-half (1/2) of its cubical contents above the level of the lawfully established street curb grade and shall be considered a story.

BUILDING AREA -The area of a horizontal plane at the ground level upon which a structure is erected, the boundaries of which are determined by projecting vertical planes from the building walls of such structure, using those walls in each case which are nearest to their respective lot line.

BUILDING HEIGHT - The vertical distance measured, in the case of flat roofs, from the lawfully established grade of the street curbs to the level of the highest point of the parapet walls and, in case of pitched roofs, from said street curb grade to the top. In all instances the height shall be measured from the street curb grade to the highest point of the building.

CURB LEVEL - The lawfully established grade of the curb at that point on the street line immediately in front of the building.

EGRESS AND INGRESS - The primary means of egress and ingress to a multiple dwelling shall face a public high. way or thoroughfare.

MULTIPLE DWELLING -A building of any kind which is used or intended to be used or occupied as a residence by three (3) or more families, as defined by the Multiple Residence Law of the State of New York.

OFF-STREET PARKING - That amount of land area equivalent to three hundred (300) square feet for each parking space required. The required parking space for an automobile shall be nine by twenty (9 x 20) feet, and the excess is to be utilized for egress and ingress for each vehicle. All areas for off-street parking of vehicles shall not be located in any setback areas required for any building.

SETBACK - Of buildings and the size of the yards, whenever required in this Article, and except as otherwise specially provided herein, the distance from the lot line to the nearest exterior finished wall of the building, which shall include the foundation or wall of any attached garage, open or enclosed porch, chimney and all other projections except window wells and unenclosed entrance steps, which steps shall not extend more than five (5) feet from the main foundation wall.

STORY - A space between the level of one (1) finished floor and the level of the next highest finished floor or, if the top story, the space between the level of the highest finished floor and the finished ceiling immediately above. A half story shall not be used for living purposes.

STREET LINE - The dividing line between a public or private street and a lot.

STREET WALL - The main foundation wall of a building or part of a building which is enclosed and nearest to the street line, except vestibules and minor projections.

ADULT BOOKSTORE - An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT ENTERTAINMENT CABARET - A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT MOTEL - A motel which is not open to the public generally but excludes minors by reason of age or which makes available to its patrons in their rooms films, slide shows or videotapes, which if presented in a public movie theater, would not be open to the public generally but would exclude any minor by reason of age.

ADULT THEATER - A theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally but exclude any minor by reason of age.

MASSAGE ESTABLISHMENT - Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms and which do not receive their primary source of revenue through the administration of massages.

PEEP SHOWS - A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.