Centre Island Village
City Zoning Code
City Zoning Code
ARTICLE V
Use Regulations
§ 122-11 Permitted uses.
[Amended 10-8-1997 by L.L. No. 4-1997; 5-8-2002 by L.L. No. 2-2002]
In Residence A-1 Districts and Residence A-2 Districts, no building or premises shall be used or maintained for any purpose except single-family residential use and those accessory uses enumerated below, and no building shall hereafter be erected, enlarged or altered if, as so erected or as a result of such an enlargement or alteration, such building or any part thereof is enlarged, designed or intended to be used for any purpose except said purposes. Such uses shall in no event include institutional uses or uses customarily carried on as a business.
A.
Permitted principal uses. The permitted principal uses shall be as follows:
(1)
Principal dwellings for single-family use.
(a)
No lot may contain more than one principal dwelling.
(b)
No lot without a principal dwelling may contain an accessory building.
B.
Permitted accessory uses. The permitted accessory uses shall be as follows:
(1)
Uses permitted in this Code incidental to or accessory to and located on the same lot. Accessory uses shall not include any business, trade or institutional use of any type or character.
(2)
The noncommercial practice of horticulture, including noncommercial greenhouses; is permitted, provided that no fertilizer is stored within 100 feet of any boundary line unless kept in airtight storage. With respect to such use, all buildings and structures shall be set back at least 75 feet from the street line. Household pets such as dogs, cats, small caged birds, aquarium fish and the like are permitted if domiciled indoors.
(3)
The office or studio of a physician, surgeon, architect, dentist, teacher, painter or sculptor, musician, lawyer, accountant, engineer or consultant residing in the principal dwelling unit in which such office or studio is located, provided that there is no display or advertising on the premises in connection with such use and provided also that such studio or office does not occupy more space than 1/3 of the area of one floor of such principal dwelling, and further provided that such use is merely incidental to the use of such dwelling unit, and further provided that no more than one automobile carrying not more than two clients may ingress and temporarily remain on any lot at any one time in connection with said use, and provided, finally, that no assistants, whether paid or not, may participate in such use, except that one assistant may be employed if the nature of the profession is such as to require an assistant; provided, however, that such professional use shall not be deemed to include the right to engage in wholesale or retail trade.
(4)
In the A-1 Residence District only, detached living or sleeping accommodations of bona fide domestic employees and caretakers regularly employed in the principal building or on the premises by the occupant of such principal building or on the premises by the occupant of such principal building (including chauffeurs), under the following conditions:
[Added 6-12-2002 by L.L. No. 3-2002; amended 9-15-2010 by L.L. No. 2-2010]
(a)
The habitable floor area shall not exceed 800 square feet.
(b)
Location, size, exterior finish, exterior lighting and screening from view by neighboring properties and public or private streets shall be as approved by the Architectural Review Board.
(c)
The owner shall file an unsubordinated declaration of covenants and restrictions incorporating any conditions imposed by the Architectural Review Board and strictly limiting the use of such accommodations as set forth above. Said declaration shall provide, in the event of default, in addition to all other legal remedies, reimbursement to the Village of legal expenses including reasonable attorney's fees actually incurred by the Village in connection with enforcement of any of the conditions contained in said declaration.
(5)
Guesthouses or buildings designed and equipped to be used for habitable purposes by other than said domestic employees, caretakers, and chauffeurs are not accessory buildings and are, therefore, not permitted unless located on a lot eligible in all respects as a principal building lot.
[Added 6-12-2002 by L.L. No. 3-2002]
(6)
Keeping of horses. Subject to the following conditions:
[Added 12-16-2020 by L.L. No. 5-2020]
(a)
One horse, pony, or other equine livestock (hereinafter "horse") may be kept, housed, or maintained on no less than five contiguous acres owned and/or held in common beneficial ownership by the registered owner of the property, provided that such property also contains a single-family residence. One additional horse may be kept for each contiguous and abutting acre owned and/or held in common beneficial ownership by the registered owner of the property on which the horses are maintained. In no event shall more than six horses be housed, kept or maintained on the entire property that is owned and/or held in common ownership by the registered owner, which property must be described with its acreage certified and registered with the Village ( hereinafter "certified property"). The acreage of only abutting and contiguous lots owned and/or held in common ownership by the registered owner of the property on which the horses are to be housed, kept or maintained may be aggregated for purposes of determining the allowable number of horses permitted on the certified property. If common ownership of the certified property is terminated in the future, no preexisting rights will be deemed created or recognized by the Village, including, but not limited to, the number of horses permitted under this subsection, and all other zoning requirements as it pertains to the remaining land and improvements thereon.
(b)
Boarding or keeping of horses, owned by or for the principal use or benefit of persons other than the registered owner and/or beneficial owner of the certified property, is prohibited.
(c)
There shall be no commercial use of the facilities by any person or entity.
(d)
All grain and feed shall be kept in a rodentproof metal or fiberglass container.
(e)
Manure shall be timely and properly addressed and treated to prevent the attraction of insects or harboring of rodents and vermin and offensive odors. Manure shall not be stored within 200 feet from any property line and shall be treated.
(f)
Manure storage areas shall be screened from neighboring properties. Manure waste shall be stored in closed containers and removed from the premises at least once every week.
(g)
All barns, stables, or buildings for the boarding of horses shall be set back a minimum of 100 feet from the property line if adjacent to the A-1 District and 150 feet if adjacent to the A-2 District, excluding interior property lines of abutting lots with common beneficial ownership or easement rights as provided by § 122-11B(6)(a) above.
(h)
All corrals and paddocks shall be located a minimum of 75 feet from any property line, excluding interior property lines of abutting lots with common beneficial ownership or easement rights as provided by § 122-11B(6)(a) above. Corrals or paddock areas shall not be lighted.
(i)
There shall be no offensive odors of any kind emitting from the use of the premises for the keeping of horses.
(j)
No horse shall be permitted on public roadways or property, other than in an enclosed vehicle for transportation.
(k)
No horses shall be permitted on privately owned property without the written approval of such owner filed with the Village prior to use.
(l)
In January of each year, the owner of any horse kept in the Village shall submit written certification to the Village Clerk that they are in full compliance with this subsection.
C.
Uses not permitted. In the event that a use or structure not permitted by this Code or by decision of the Board of Zoning Appeals in either the Residence A-1 District or the Residence A-2 District is mandated by a final and unappealable judgment of a court of competent jurisdiction, the Board of Trustees may establish specific area, setback, height, bulk, screening, use and other zoning and building regulations and limitations for such use or structure as said Board shall deem appropriate in the circumstances.
§ 122-11.1 Renting, leasing or letting of dwellings.
[Added 10-9-2019 by L.L. No. 5-2019]
A.
Renting, leasing or letting of the entire principal dwelling by a homeowner to another single family or individual for 30 consecutive days or more while the owner does not occupy the premises is permitted. No more than two such rentals, leasings or lettings may occur in any 365-day period. The rental, leasing or letting for a term of less than 30 consecutive days in a 365-day period is prohibited. The homeowner must notify the Village Clerk and Village Police Department of the name and contact telephone number of the individual(s) occupying the premises upon any renting, leasing or letting authorized under this section.
B.
There shall be no multiple occupancies or letting of individual rooms at any time.
C.
Any person aggrieved by this section may apply to the Board of Trustees for relief based upon a showing of an individual hardship.
D.
The Board of Trustees may adopt, by resolution, rules and regulations to help implement this section.
§ 122-12 Offensive or dangerous uses.
[Amended 7-9-1997 by L.L. No. 3-1997; 3-14-2001 by L.L. No. 9-2001; 3-14-2001 by L.L. No. 10-2001; 11-18-2020 by L.L. No. 4-2020]
No building shall be used for any purpose which is or may reasonably be expected to be obnoxious or offensive by reason of causing or emitting odor, smoke, vapor, gas, dust, garbage, refuse matter, noise or vibrations or that is dangerous or harmful to the health, peace, comfort, welfare, or safety of the community or tends to disturb or annoy residents of the Village or that involves any threat of explosion or fire. All uses of land shall operate in conformance with the limitations set forth in each subsection below.
A.
Odors.
(1)
There shall not be discharged or permitted to escape into the atmosphere odors which shall be offensive to the public or which endanger public comfort, repose, health or safety.
(2)
The intensity of offensive odors shall be determined at the property line adjacent to the source in the manner described in the Air Pollution Abatement Manual, Chapter 5, Table III, Manufacturing Chemists Association, Washington, D.C., 1951.
B.
Lighting. No person, firm or corporation or their agents, servants or employees shall install, operate or maintain on private property in the Village any exterior light, lamp or other illumination, except in compliance with the provisions of Chapter 79 of this Code.
§ 122-13 Prohibited uses.
A.
Natural assets.
(1)
In order to promote the health, safety and general welfare and to conserve, enhance and protect natural assets of the community, to maintain groundwater and to prevent floods as well as encroachments on watercourses, drainageways, lakes, ponds, shorefronts and tidelands, the following uses shall be prohibited in all districts, except as otherwise specifically provided herein:
(a)
Clearing.
[Amended 7-9-1997 by L.L. No. 3-1997]
[1]
The clearing of wooded areas, the excavation or grading of earth, substantial cutting or alteration of trees, the significant removal of natural ground cover or soil, the significant addition of soil, fill, stone or any other action which could have an appreciable adverse impact on the drainage, ecology or aesthetics of the surrounding area shall be prohibited unless and until a zoning permit is issued therefor in accordance with Subsection A(2) hereunder, except that incidental pruning or alteration of a mature tree or trees, normal home gardening and horticulture, the cutting and removal of damaged, dangerous or diseased trees and the normal gardening and landscaping activities carried on in conformity with the provisions of this chapter shall not require such permit so long as such removal or cutting of line trees does not affect any tree having a trunk girth of more than 24 inches at a point three feet above grade. Application for a permit shall be made to the Building Inspector and should include the purpose of the proposed action. The application fee for non-tree-related applications, which shall be paid on submission of the application, shall be $1,500, plus the costs of any engineering or other professional consulting services deemed necessary by a reviewing Village board. The application for a tree-related permit shall be $50, plus $25 for each tree in excess of one listed in the application. The removal or cutting of trees in violation of this chapter shall carry a fine of not less than $150 and not more than $500.
[Amended 3-14-2001 by L.L. No. 3-2001]
[2]
Substantial alteration shall be deemed any cutting or drastic pruning or elevating the habitat of a tree which impairs the life of such tree or destroys its natural symmetry and shall include but not be limited to heavy or unnecessary cutting of top branches and major lower limbs.
(b)
Changing the existing water level or shoreline, dredging, excavating or removing of soil or mineral deposits from or filling of shorefront, tideland, lakes, ponds, marshes, drainage ditches or other watercourses and the construction of a dam, first dock, pier, levee, breakwater, jetty or other facility for drainage, recreation, shorefront protection or water conservation or the addition, removal in whole or in part or substantial alteration of revetment for new construction or repair shall be prohibited unless specifically approved pursuant to the procedure prescribed in Subsection B below.
[Amended 3-14-2001 by L.L. No. 5-2001]
(c)
No additional water runoff as the result of or during construction or landscaping activities shall be permitted into neighboring property, Village roads or the waters surrounding the Village. It shall be the responsibility of the landowner to construct containment systems sufficient to avoid such runoff. Such surface or subsurface runoff shall include but not be limited to water from any rain leader or basement sump pump.
[Amended 7-9-1997 by L.L. No. 3-1997]
(d)
The erection of a dwelling or other building or any portion thereof shall be prohibited below an elevation of 12 feet above mean sea level. Nassau County datum as shown on the topographic map dated October 1957 and prepared for the Nassau County Department of Public Works, except a private bathhouse accessory to a dwelling or a nondwelling accessory structure to a nonprofit club, park or reservation, and which bathhouse or nondwelling shall be subject to approval pursuant to Subsection A(2) hereunder.
(2)
In the case of uses or work enumerated in Subsection A(1)(b) and (c), the Building Inspector shall refer the application to an engineer designated by the Village for review and report on the engineering aspects of the proposal, which reports shall be made within 30 days after receipt of the application. The Building Inspector shall then present the application and plans, together with his and the engineer's report, to the Village Building Committee for consideration. Said Committee may request the Planning Board to review and report upon such plans. After due consideration, the Building Committee may disapprove or approve the plans and application and may authorize the issuance of a zoning permit therefor, subject to such conditions as said Board may impose.
B.
In the case of work enumerated in Subsection A(1)(b) hereinabove, no permit shall be issued unless the Engineer or Building Inspector designated by the Village has examined the plans and application therefor and said official has certified, in writing, to the Building Committee that:
(1)
The proposed work conforms to such Village engineering standards as have been approved by the Village Trustees as well as applicable law and ordinances;
(2)
The proposed grading of land conforms to a grading plan duly approved by the Planning Board in connection with a subdivision plat;
(3)
The proposed work does not constitute any development of a subdivision (as defined in rules and regulations for filing plats for approval[1]) previously disapproved or pending before the Planning Board; and
[1]
Editor's Note: See Ch. 100, Subdivision of Land.
(4)
Said work will not create undue hazard or environmental impact on the land in question, on adjacent roads, public or private, or property or the tidelands and waters surrounding Centre Island due to flooding, drainage, soil erosion, silting, additional runoff or other conditions resulting from disturbance of existing topography, ground cover or other natural features or structures.
C.
Whenever the engineer designated by the Village or the Building Inspector determines that the work enumerated under Subsection A(1)(a), (b) and (c) above will affect an area in excess of 1/4 acre or in excess of the immediate site of a proposed building to which such work is incidental or that such work may affect adjacent property, the Building Committee shall refer the plans and application to the Planning Board for review and report in such cases. The Planning Board shall consider, among other things, the relation and conformity of the proposed work to § 7-708 of the Village Law of the State of New York and its effect upon adjacent property. Said Board shall also consider whether such work will tend to secure safety from fire, flood, erosion and other dangers; promote health, safety and general welfare; lower the water table; and endanger the conservation enhancement and protection of natural assets. In the case of an unfavorable report by the Planning Board, the Building Committee shall not issue a permit.