Amityville City Zoning Code
ARTICLE I
General Provisions
§ 183-1 Definitions and word usage.
A.
Word usage. Words used in the present tense include the future tense. The singular number includes the plural and vice versa. The word "person" includes a corporation. The word "building" includes the word "structure." The word "lot" includes the word "plot." The word "shall" is always mandatory. "To erect" means "to construct" or "to build" and includes to excavate for a building and to relocate a building by moving it from one location to another. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied." The word "premises" includes a lot and all buildings thereon.
B. ACCESSORY BUILDING ACCESSORY USE BOARDINGHOUSE BOATHOUSE, PRIVATE BOAT STORAGE RACK BOATYARD BUILDING AREA BUILDING, FRONT LINE OF COIN-OPERATED AMUSEMENT DEVICE CORNER LOT CURB LEVEL DEPTH OF A LOT DRY-DOCK STORAGE MARINA DWELLING(1) (2) (3) (4) (5) FAMILY FAST-FOOD ESTABLISHMENT FINISHED GRADE FLOOR AREA RATIO FRONTAGE or FRONT STREET LINE OF A LOT FUNCTIONAL AND FACTUAL EQUIVALENT OF A NATURAL FAMILY GARAGE, PRIVATE GARAGE, PUBLIC GARBAGE GRADE OF STREET HABITABLE SPACE HEIGHT OF A BUILDING JUNKYARD LOT NONCONFORMING USE PARENT-CHILD RESIDENCE PORCH(1) (2) (3) RUBBISH or DEBRIS SCHOOL(1) (2) SECURITY GATE SOLID WASTE STORY(1) (2) (3) (4) STORY ABOVE GRADE STRUCTURE SUBDIVISION YARD(1) (2) (3)
Definitions. For the purpose of this chapter, certain terms and words used herein shall be interpreted or defined as follows:
A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building. An "accessory building" attached to another building shall be deemed a part of such other building.
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
A dwelling, other than a motel or hotel, where lodging and/or meals are provided for compensation, with no individual cooking facilities.
A building used for the keeping and storage of a boat or boats for the private use of the owner or occupant of a lot and as a customary accessory use to the lot, not for the keeping of boats for sale, for hire or for commercial use.
Any structure, boat storage device or multilevel watercraft storage rack, whether indoors or out of doors, enclosed or open, designed or used for the purpose of storing watercraft which covers a ground or floor area in excess of 150 square feet. It does not include incidental boat carriers, cradles or racks used to store or transport small craft such as canoes, dinghies and small sailboats and like craft which are typically capable of being carried by no more than two people.
A premises used or occupied:
The total of the horizontal cross-section area of the buildings on a lot exclusive of cornices, eaves, gutters, chimneys and bay windows projecting not more than 18 inches, and steps projecting not more than five feet.
The line of that face of the building nearest the front street line of the lot. This face includes bay windows and porches, whether enclosed or not, and steps extending more than five feet.
Any amusement machine or device operated by means of the insertion of a coin, token or similar object for the purpose of amusement or skill and for the playing of which a fee is charged.
A lot where at least two adjacent sides abut on streets or public places.
The grade of the curb along the front street line of the lot established by the Village Engineer, and in the absence of a curb, the crown of the road.
The average distance from the front street line to the rear line of the lot measured in a general direction normal to the front street line.
A business which must be licensed pursuant to the terms of Article VIII of Chapter 107 of this Code, involving the use of a boat storage rack building to temporarily store boats and watercraft when not in use in between the occasional removal and use of them between June 1 and September 30 of any year.
A building or a portion of a building designed or arranged to provide living facilities for one or more families. "Dwellings" are classified as follows:
ONE-FAMILY DWELLINGA detached house consisting of or intended to be occupied as a residence by one family only, as family is hereafter defined. In no case shall a nursing home, an adult home, a lodging house, boardinghouse, fraternity house, sorority house or multiple dwelling be classified or construed as a "one-family dwelling."
TWO-FAMILY DWELLINGA building occupied exclusively as a home or residence for two families living independently of each other.
MULTIPLE DWELLINGA building occupied exclusively as a residence for three or more families living independently of each other, including apartment houses, group houses, apartment hotels, condominiums and cooperative apartments.
MIXED-USE DWELLINGA building, a portion of which is used for dwelling purposes for not more than two families and the remaining portion of which is used for business purposes.
PROFESSIONAL MIXED-USE DWELLINGA building containing not more than three units for office use or dwelling purposes but for not more than two families; the office unit or units of which may be used only for professional offices of architects, attorneys, chiropractors, dentists, professional engineers, medical doctors, optometrists, osteopaths, podiatrists, real estate or insurance brokers, surveyors or physical therapists. All references of limitations, costs and fees set forth in this Code which apply to mixed-use dwellings shall also apply to professional mixed-use dwellings, unless specifically stated otherwise.
A single person or collective group of persons related by kinship, adoption, blood or marriage, or the functional and factual equivalent of a natural family, living and cooking together as a single housekeeping unit of a permanent and distinct domestic character.
Any store, restaurant, cafe or other business selling or serving food or beverages which makes use of a drive-in, drive-through or drive-up window, for any of its customers.
The curb level at the midpoint of the front street line of the lot, and in the absence of a curb, the midpoint of the crown of the road.
The gross floor area of a structure divided by the total lot area.
[Added 2-28-2022 by L.L. No. 2-2022]
That boundary line which abuts a public street. If there is more than one street abutting, it means the street designated as the front street by the owner. The rear of a lot is the side opposite the front.
A single housekeeping unit, not a framework for transients or transient living, leading a nonprofit family-like existence which functions in every sense but a biological one as a single family unit.
A building used for the storage of not more than three automobiles owned and used by the owner or tenant of the lot on which it is erected for a purpose accessory to the use of the lot. Where such garage is attached to the principal building by a covered porch or breezeway, it shall be deemed an attached garage.
Any garage other than a private garage, available to the public, operated for gain, including the use of land or building for the sale of new or used cars or for the storage, repair, rental or servicing of automobiles or motor vehicles, or for a gasoline filling station.
Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food and readily combustible material such as paper, cardboard, wood, excelsior and cloth; also food cans, glass food containers and bottles; also dead birds, cats, dogs and other small animals.
The elevation of the line of a street as established by the Board of Trustees or its designee.
A space in a building for living, sleeping, eating or cooking, or used as a home occupation. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.
The vertical distance from the curb level to the highest point of the roof, provided that the chimneys, spires, towers, elevator enclosures and similar enclosures shall not be included in the height, and provided further that if the front yard setback of the building is more than 50 feet, said height shall be measured from the average grade of the ground surrounding such building.
A premises where articles that have outlived their usefulness in their original form are purchased, stored, and sold to be reconditioned, or for some other purpose including junk shops, junk stores, auto wreckers, salvage yards, and yards for collecting or dealing in junk motor vehicles. This definition shall include "junk metal" and "junk dealer" as defined in § 60 of the General Business Law.
A plot or parcel of land considered as a unit, devoted to a certain use or occupied by a building or a group of buildings that are united by common interest or use, and the customary accessory uses or buildings and open spaces belonging to the same.
A structure or land occupied by a use that does not conform to the regulations of the district in which it is situated.
A one-family dwelling altered to include a second kitchen for the sole use by the father, mother, son or daughter by blood, marriage or legal adoption of the owner occupying said one-family dwelling.
[Added 3-8-2010 by L.L. No. 1-2010]
Any porch, veranda, gallery, balcony, terrace, piazza, portico, breezeway or similar projection from or connected with a main wall of a building.
COVERED PORCHOne with a roof.
ENCLOSED PORCHOne covered by a roof and fully enclosed with walls.
UNENCLOSED PORCHAny other porch.
Includes ordinary household or store trash of a flammable character, such as barrels, cartons, boxes, crates, furniture, appliances, wood, cloth, rugs, clothing, rags, mattresses, blankets, small tree trimmings, grass clippings, small stumps and similar garden waste; hay, fodder, feed, meal or other discarded animal or vegetable matter originally intended for animal consumption; planing mill waste, shavings, sawdust and such other materials not otherwise defined herein as may be readily consumed by incineration.
PRIVATE SCHOOLA school giving special or limited instruction such as business, art, music, dancing, riding, camp activities or operated for private gain, or requiring the payment of tuition or other charges.
PUBLIC SCHOOLA school maintained for the purpose of giving a regular course of instruction to students of school age during the full school year under the Education Law of the State of New York and not requiring the payment of tuition.
A barrier, screen or cover located either in front of or behind a door, window or other opening used for purposes of securing premises by preventing access or blocking passage to the interior of the premises but which enables the viewing of the interior of the premises from outside the premises.
Any discarded material or substances, including but not limited to garbage, refuse, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous materials, incinerator residue, demolition and construction debris, offal and other discarded materials and substances resulting from industrial, commercial, mining and agricultural operations and from community activities, but not including sewage and other like diluted water-carried materials or substances or those in gaseous form or solid or dissolved materials or irrigation return flows or industrial discharges, toxic or hazardous substances as defined by applicable federal or state law, or source of any special nuclear or by-product materials within the meaning of the Atomic Energy Act of 1954, as amended.
That portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, then the space between any floor and the ceiling next above it, provided that the distance between the floor and the highest point of the ceiling is not less than seven feet. The first story is the lowest story entirely above the elevation of the finished grade.
ONE-STORY BUILDINGA building having only one floor above the level of the finished grade.
ONE-AND-A-HALF-STORY BUILDINGA building having two stories, but with the main eaves below the mid-height of the second story.
TWO-STORY BUILDINGA building having two floors above the level of the finished grade.
TWO-AND-A-HALF-STORY BUILDINGA building having three stories but with the main eaves below the mid-height of the third story.
Any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is:
Any combination of materials forming any construction and includes, among other things, stadiums, tents, trailers (whether movable or stationary), platforms, stagings, radio towers, gasoline pumps, tanks, standpipes, outdoor pools, walls, fences, trellises, pergolas, gates, display signs, bulkheads and docks.
The division of any parcel of land into two or more lots, blocks or sites, with or without streets or highways.
The part of a lot unoccupied by any building.
FRONT YARDThe space on the same lot with the main building extending the full width of the lot between the front street line and the front of the building projected to the side lines of the lot. The depth of a front yard is the distance between the front line of the building and the street line.
REAR YARDThe space on the same lot with the main building extending the full width of the lot between the building and the rear lot line. The depth of a rear yard is the distance between the rear of the building and the rear lot line.
SIDE YARDThe space on the same lot with the building between the building and the side lines of the lot and extending through from the street or front yard to the rear yard or rear lot line. Any lot line not a rear lot line or a front lot line or a street line is a side lot line.
§ 183-2 Interpretation and applicability; prevalence of higher standards.
In interpreting and applying the provisions of this chapter, such provisions shall be held to be the minimum requirements for the promotion of public health, safety, morals and general welfare. This chapter shall not invalidate any applicable statutes, local laws or regulations of the state, county, town or Village not in conflict with this chapter, provided that where this chapter imposes greater restrictions as to width of side yards or courts, or requires a lower height of buildings or lesser number of stories, or a greater percentage of lot to be left unoccupied, or other higher standards than such statutes, local laws or regulations, this chapter shall control.
§ 183-3 Establishment of districts.
[Amended 11-25-2019 by L.L. No. 4-2019; 2-28-2022 by L.L. No. 2-2022]
For the purposes of this chapter, the Village is hereby divided into 15 districts, which shall be designated as follows:
A | Residence Districts |
BB | Residence Districts |
B | Residence Districts |
C | Residence Districts |
TO | Transit-Oriented Districts |
PR | Planned Residential Districts |
H | Historical Districts |
PM | Professional Mixed-Use Districts |
B-1 | Retail Business Districts |
B-2 | General Business Districts |
B-3 | Marine Business Districts |
Industrial Districts | |
PAC | (Planned Adult Community) Residence Districts |
SC | Senior Citizen Residence Districts |
FH | Floating Home District |
§ 183-4 Zoning Map.
The boundaries of the districts designated in § 183-3 shall be as shown upon the map, attached to and made a part of this chapter, which shall be designated as the "Building Zone Map of the Village of Amityville, Suffolk County, New York." Said map and all notations, references and other things shown thereon shall be as much a part of this chapter as if the matters and things shown by said map were all fully described herein.[1]
[1]
Editor's Note: The Building Zone Map is on file in the Village offices.
§ 183-4.1 Establishment of Bay Village architectural theme.
The Board of Trustees hereby establishes a Bay Village architectural theme, which theme shall be the basis for exterior alteration and new construction in all districts except the Industrial District. Such Bay Village architectural theme shall blend the design of the Village's 19th Century Victorian-style buildings with the influence of simple, traditional maritime construction. The Planning Board shall review proposed exterior alterations and new construction in said districts for compatibility with such architectural theme in addition to its other responsibilities for approval in said districts.
§ 183-5 Interpretation of district boundaries.
The boundaries between districts are, unless otherwise indicated, either the center lines of streets or railroad rights-of-way or such lines extended or lines parallel thereto. Where figures are shown on the Building Zone Map between a street and a district boundary line, they indicate that the district boundary line runs parallel to the street line at a distance therefrom equivalent to the number of feet so indicated. When the location of a district boundary line is not otherwise determined, it shall be determined by the scale of the map measured from a given line. Where the actual street layout on the ground varies from the street layout shown on the Building Zone Map, the designation shown on the mapped streets shall apply in such a way as to carry out the intent and purposes of this chapter for the particular area in question.
§ 183-6 District boundary dividing lot in single ownership. [1]
[Added 3-14-2016 by L.L. No. 3-2016]
Where a district boundary line divides a lot which was held in single ownership on August 4, 1930, or on the date of adoption of any subsequent amendment to the Zoning Map, and when a permit granting such extension has been approved prior to December 31, 2015, subject to extensions or not, the Zoning Board of Appeals may permit the less restricted use to extend to the whole or any part of such lot, except that the front, side and rear yard setback requirements of the more restricted zone shall apply to that part of the lot within the more restricted zone. Except as provided herein, use extensions granted under this provision are prohibited.
[1]
Editor's Note: Former § 183-6, District boundary dividing lot in single ownership, was repealed 1-25-2016 by L.L. No. 1-2016.
§ 183-7 Compliance with district regulations required.
No building or land shall be used or occupied, and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which such building or land is located.