Floral Park City Zoning Code
ARTICLE I
General Provisions
§ 99-1 Title.
This chapter shall be known and may be cited as the "Zoning Law of the Incorporated Village of Floral Park, New York."
§ 99-2 Purpose.
There is hereby established a Comprehensive Zoning Plan for the Incorporated Village of Floral Park, which plan is set forth in the text, maps and schedule that constitute this chapter. This plan is adopted for the purposes set forth in §§ 7-700, 7-702 and 7-704 of the Village Law of the State of New York and more particularly for the protection and promotion of the public health, safety, morals and general welfare of the Village in the following respects:
A.
Protecting the character of the Village as found in the desirability of the living environment provided by its residential neighborhoods and the quality and economic soundness of its business districts, and assuring that further development in the Village will be in harmony with these characteristics.
B.
Providing a guiding pattern of land use and population density that:
(1)
Represents the most appropriate use of land throughout the Village.
(2)
Is a normal and beneficial evolution of the comprehensive planning that has guided the development of the Village from its beginnings.
(3)
Recognizes sound trends in building development and land area design.
(4)
Takes account of trends of development in the larger community of Nassau County of which the Village is a part.
C.
Aiding in providing an atmosphere of community safety and suburban quality of life in all neighborhoods of the Village.
D.
Aiding in bringing about the most beneficial relation between the uses of land and buildings and the movement of traffic through and the circulation of traffic within the Village, having particular regard to the avoidance of congestion in the streets in the Village and the provision of safe and convenient traffic access appropriate to the various uses of land and buildings throughout the Village.
E.
Aiding in providing a guide for public policy and action in the efficient provision of public facilities and services and for private enterprise in building development, investment and other activity relating to the uses of land and buildings throughout the Village.
§ 99-3 Definitions.
[6-25-2002 by L.L. No. 3-2002; 12-7-2004 by L.L. No. 11-2004; 3-1-2005 by L.L. No. 2-2005; 6-6-2006 by L.L. No. 5-2006; 2-5-2019 by L.L. No. 2-2019; 10-6-2020 by L.L. No. 1-2020; 11-19-2024 by L.L. No. 6-2024]
A.
Word usage. Words in this chapter are defined for the purpose thereof, as follows: Words in the present tense include the future; the singular includes the plural and vice versa; the word "lot" includes "plot," the word "building" includes the word "structure;" structures shall be construed as though followed by the words "or part thereof;" the word "shall" is always mandatory.
B. ALTERATION, STRUCTURAL ARCHITECTURAL FEATURES ATTIC BASEMENT BLOCK BOATS BUILDING BUILDING, ACCESSORY BUILDING COVERAGE BUILDING, FRONT OF BUILDING GROUP BUILDING HEIGHT BUILDING, MAIN CELLAR COOKING FACILITIES COURT CURB GRADE DECK DRIVEWAY DWELLING or DWELLING UNIT(1) (a) (b) (c) (2) DWELLING, ONE-FAMILY DWELLING, TWO-FAMILY DWELLING GROUP DWELLING, MOBILE DWELLING, MULTIFAMILY FAMILY(1) (2) (3) (4) FLOOR AREA FLOOR AREA, MINIMUM HABITABLE GARAGE, COMMERCIAL GARAGE, PARKING GARAGE, PRIVATE GARAGE, PRIVATE RESIDENTIAL GASOLINE STATION GOVERNMENTAL VEHICLE GRADE LEVEL, AVERAGE HOME, MOBILE HOME OFFICE LATTICE LOT LOT AREA LOT, CORNER LOT DEPTH LOT, FLAG LOT FRONTAGE LOT, INTERIOR LOT LINE LOT LINE, FRONT LOT LINE, REAR LOT WIDTH MARIJUANA MARIJUANA PRODUCT MEDICAL MARIJUANA NONCONFORMING LOT, BUILDING, STRUCTURE OR USE PARKING AREA, PRIVATE PARKING AREA, PUBLIC PATIO PORCH PREEXISTING BUILDING(1) (2) PREEXISTING LOT PREEXISTING STRUCTURE PREEXISTING USE(1) (2) SCHOOL SCHOOL, PROFESSIONAL SCHOOL, PUBLIC SIGN SINGLE OWNERSHIP STORY STREET STREET LINE STRUCTURE USE USE, ACCESSORY USE, SPECIAL VEHICLE, COMMERCIAL YARD YARD, FRONT YARD, REAR YARD, SIDE
Terms defined. As used in this chapter, unless the context or subject matter otherwise requires, the following words shall have the following meanings:
Any modification of a building or structure, including but not limited to a change or rearrangement of the walls, roof, ceiling, floors, supporting beams, columns, or other structural parts; interior plan or layout; the exterior architectural features; or the exit facilities of a structure; or the moving of a building from one location to another.
The design characteristics of a building or structure, including but not limited to cubicle contents, gross floor area, height of building or structure, height of roof, type, quality and color of construction materials, yard dimensions, decorative embellishments and finishes.
That portion of a building situated above a story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than a distance equal to 1/2 the floor-to-ceiling height of the story below.
A story partly underground but having at least half of its floor-to-ceiling height above the average level of the adjoining ground.
That land abutting on one side of a street extending to the rear lot lines and lying between the two nearest intersecting or intercepting streets or between the nearest intersecting or intercepting street and the boundary of any railroad right-of-way, park or playground, school ground, drainage basin or dead end of a street or cul-de-sac.
Active or former seaworthy vessels or equipment of any size, whether powered or otherwise, including jet skis and rafts.
Any structure having a roof supported by columns or by walls and intended for shelter, housing, protection or enclosure of persons, animals or property.
A building, including a detached garage, subordinate and incidental to a main building on the same lot and used for purposes customarily incidental to those of the main building.
The area of the maximum horizontal cross section of the buildings on a lot, excluding private residential garages, uncovered porches, decks, terraces, steps and other architectural features as defined under § 99-21E of this chapter.
The side of a building most clearly parallel with and adjacent to the frontage of the lot on which situated.
A group of two or more main buildings, and any buildings accessory thereto, occupying a parcel of land in one ownership and having any yard or court in common.
The vertical distance measured, in the case of flat roofs, from the curb level to the level of the highest point of the roof beams, and, in the case of pitched roofs, from the curb level to the highest point of the gable. Where no roof beams exist or there are structures wholly or partly above the roof, the height shall be measured from the curb level to the highest point of the building. In case no curb elevation has been established, the height of a building shall be measured from the mean natural level of the ground immediately adjacent to the bases of the building.
A building in which is conducted the principal use of the lot on which it is situated.
The part of a building which is partly or wholly underground but having less than half of its floor-to-ceiling height above the average level of the adjoining ground. A "cellar" shall not be used or occupied as habitable space.
Any space or equipment used for the preparation, cooking, heating or reheating of food.
An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.
The established elevation of the curb in front of the building measured at the center of such front.
An assembly of combustible or noncombustible materials either attached to or separate from a building having a flat surface or group of surfaces more than twelve inches in height above grade or an assembly of combustible materials either attached to or separate from a building having a flat surface or group of surfaces either at or above grade. Regulations concerning minimum setbacks shall apply to a deck, but a deck shall not be counted with respect to maximum lot coverage regulations.
A path leading directly from the street to a garage having a maximum width of 12 feet. A driveway shall be constructed in accordance with the provisions of § 99-16J of this chapter.
A building or part thereof designed exclusively as living quarters and containing cooking facilities. The term "dwelling" or any combination of the term "dwelling" with any other word or words shall not be deemed to include hotel, rooming house, motel, tourist home, mobile home, hospital, dormitory, tent, fraternity or other accommodations or uses in similar categories. The maximum number of occupants of each dwelling unit shall be limited to a number determined on the basis of the floor area of each habitable room, other than kitchens, as follows:
One occupant per habitable room having a floor area of at least 80 square feet but less than 120 square feet;
Two occupants per habitable room having a floor area of at least 120 square feet but less than 180 square feet;
Three occupants per habitable room having a floor area of 180 or more square feet.
For purposes of this definition, a habitable room shall mean space used for living, sleeping, eating or cooking and shall not include bathrooms, hallways, closets, enclosed porches or vestibules.
A detached dwelling consisting of a building containing one dwelling unit only and not occupied or designed for occupancy by more than one family.
A detached dwelling containing two dwelling units only separated by uninterrupted party walls, partitions or floors, and not occupied or designed for occupancy by more than two families living independently of each other.
A building group, consisting only of dwellings, located on a lot in one ownership and having common yards, courts and open space.
See "Home, mobile."
A dwelling containing three or more dwelling units separated by uninterrupted party walls, partitions or floors, and occupied or designed for occupancy by three or more families living independently of each other.
One or more persons, whether or not related to each other by blood, marriage or adoption, all living together as a single, stable, permanent and bona fide housekeeping unit, so long as such persons together occupy and own, lease or rent the whole of a separate 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;
Any 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 separate building or dwelling unit; or if any one or more of such persons lease or rent any separate portion of such separate building or dwelling unit from any other person; or if residency is temporary or transitional, either as part of an educational, medical, rehabilitation or treatment process, or otherwise;
It shall be presumed that a separate building or dwelling unit is occupied by more than one family if any two or more of the following features may be found to exist by the Superintendent of Buildings (or other person designated by the Mayor and Board of Trustees to enforce this chapter): more than one mailbox, mail slot or post office address; more than one doorbell or doorway on the same side of the separate building or dwelling unit; more than one electric meter; more than one gas meter; more than one connecting line for cable television; separate entrances for segregated portions of the separate building or dwelling unit; partitions or locked doors barring access between segregated portions of the separate building or dwelling unit including bedrooms; separate written or oral leases or rental agreements or the payment of rent for portions of the separate building or dwelling unit among its owner or residents; or two or more kitchens, each of which contain a range or oven, refrigerator and sink, unless it is otherwise proven by evidence presented to the Superintendent of Buildings (or other person designated by the Mayor and Board of Trustees to enforce this chapter) by the owner or resident of the separate building or dwelling unit that is occupied by one family, (all as defined in this section). The presumption provided for in this subsection shall be rebuttable. Such presumption shall not preclude the Superintendent of Buildings (or any other person designated by the Mayor and Board of Trustees for enforcement of this chapter) from making a determination that the separate building or dwelling unit is not occupied by one family, based on other facts whether or not listed in this subsection.
The Superintendent of Buildings (or any other person designated by the Mayor and Board of Trustees to enforce this chapter) shall make the primary determination as to the application of this definition of family for the purposes of compliance with any provisions of this Zoning Law and the New York State Building Code, based upon an inspection of the premises, any information received from the residents thereof or any other persons or documentary or any other written evidence as to the condition of the premises or the relationship and living arrangements of the residents, in consultation with the Village Attorney, and the determination shall be presumed to be correct and final, subject to review of or appeal to the Zoning Board of Appeals and judicial review as provided by law.
The area of a floor of a building, measured at the exterior of the walls thereof.
The aggregate area of all floors used for dwelling purposes within the outer walls of a building or of a part of a building separated from all other parts by walls extending from floor to ceiling without openings therein, exclusive of basements, cellars, rooms for heating equipment, garages, unenclosed porches, steps and terraces and breezeways; and including only such floor area of an attic in which the headroom is a minimum of four feet, provided that a minimum ceiling height of seven feet six inches shall exist for 50% of said floor area, and provided further that there is access therefrom to the floor below by a permanent built-in stairway.
A building or part thereof, other than a private or parking garage, used for the storage, care, maintenance, repair, alteration, service or other commercial activities in relation to motor vehicles.
A building or part thereof, other than a private or repair garage, used for the storage of passenger vehicles and which may include servicing of said vehicles as an incidental use but not the repair thereof, and keeping any such vehicles for hire.
A detached accessory building or part of a main building used only for the parking or temporary storage of automobiles of the occupants of the main building or building group to which the garage is accessory or of which it is a part and in which no service, occupation or business is conducted.
A nonhabitable accessory building used for the parking of a motor vehicle upon residential property. If, for any reason, a private garage is removed, it must be replaced within six months. No residential garage shall be occupied by a commercial vehicle or truck. No lot may contain more than one detached garage.
Any motor vehicle, bus, trailer, boat, tractor or truck used for the transportation of persons or property, or for any repair or maintenance of property used in the operation of a municipality, school district or other governmental or public entity, except for conventional passenger cars and station wagons. No governmental vehicle may be parked or stored overnight on residential property.
The average finished ground elevation across the front of a main building.
A structure or vehicle containing one or more habitable units that is so designed as to be transportable, either by being drawn or propelled or under its own power. This definition shall apply regardless of whether or not the wheels or other devices for transportability are actually in place. A trailer, house-car or similar designations are deemed to be mobile homes.
An accessory use within a dwelling that involves activities which only require the use of typical light office equipment and which involve no nonresident employees, no business-related visits, no warehousing of customer inventory, and no signage.
An open structure composed of wood, metal or other material made by crossing rods or bars and forming a network used as a screen or support.
Land occupied or to be occupied by a use or building and any buildings or uses accessory thereto, together with the required open spaces appurtenant to such use or building, and having its principal frontage on a street. A parcel of land shall be deemed to be a lot in accordance with this definition regardless of whether or not the boundaries thereof coincide with the boundaries of lots or parcels as shown on any map of record.
The total area included within lot lines.
A lot at the juncture of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed 140°.
The mean distance between the front and rear lot lines. On a corner lot, the narrower lot line shall be the front lot line.
A proposed lot, the proposed buildable area of which (i.e., the portion with the greater width or "flag portion") is connected to the street or public right-of-way providing proposed access to such proposed buildable area by a strip of land of reduced width (i.e., the "pole" portion), the principal purpose of which is to provide physical access to the proposed buildable area. In general, the proposed buildable area of a flag lot is located to the rear of another lot or lots having frontage on the same or an intersecting street.
That dimension of a lot measured along the front lot or street line thereof, or if said front lot or street line is curved, along the chord of the arc. On a corner lot, the lot shall be deemed to front on the street with the narrower frontage, and where the two street frontages are of the same length, the owner may elect either street frontage as the front lot line.
A lot other than a corner lot.
Any boundary of a lot. Any lot line not a rear lot line or a front lot line shall be a side lot line.
The dividing line between a lot and a street; also termed "street line."
The lot line that is generally opposite the lot line along the frontage of the lot, which on a corner lot shall be the line opposite the street of narrower frontage.
The mean distance between the side lot lines, measured at right angles to the lot depth.
The term "marijuana" shall have the same definition ascribed to "marihuana" in § 3302 of the New York Public Health Law.
Marijuana and/or any material, substance or other thing derived (in any manner) from marijuana or which contains marijuana as a component part in any amount or concentration.
The term "medical marijuana" shall have the same definition ascribed to "medical marihuana" in § 3360 of the New York Public Health Law.
A preexisting lot, building, structure or use or any part thereof, that does not conform to the regulations prescribed for the district in which it is situated.
An open off-street area, as an accessory use, containing parking spaces for automobiles owned by occupants of a main building or their employees or customers.
An open off-street area, other than a private parking area, containing parking spaces for automobiles and available for public use.
An assembly of noncombustible materials either attached to or separate from a building having a flat surface or group of surfaces of twelve inches or less in height above grade. Regulations concerning minimum setbacks shall apply to a patio, but a patio shall not be counted with respect to maximum lot coverage regulations.
The term "porch" shall include any porch, veranda, gallery, terrace, pergola, piazza, portico or similar projection from a main wall of a building, which is covered by a roof and which is not heated.
A building or part thereof which with respect to the application thereto of any regulation prescribed by this chapter:
Was lawfully in existence at the time that such regulation became applicable thereto, whether by the adoption of the first Zoning Ordinance of the Village or of any subsequent ordinance or local law replacing the same, including this chapter, or of any amendments of any of the foregoing, and
Has not since that time been altered in any manner or moved so as thereby to make impossible the full and strict application of such regulation to such building.
A lot which was of record under single ownership either prior to the adoption of the first Zoning Ordinance of the Village or prior to any subsequent ordinance or local law replacing the same, including this chapter, or prior to any amendment of any of the foregoing; and has not since that time been reduced in any dimension or in area or otherwise changed so as thereby to make impossible the full and strict application of any regulation to such lot (regardless of any other change, alteration or reduction that has not had the foregoing effect).
Any structure or part thereof which was lawfully in existence at the effective date of this chapter.
A use which with respect to the application thereto of any regulation prescribed by this chapter:
Was lawfully in existence at the time that such regulation first became applicable thereto, whether by the adoption of the first Zoning Chapter of the Village or by any subsequent chapter or local law replacing the same, including this chapter, or of any amendment to any of the foregoing; and
Has not since that time been changed in any manner so as thereby to make impossible the full and strict application of such regulation to such use (regardless of any other change, alteration or reduction that has not had the foregoing effect).
An institution or place for learning, limited to prekindergarten through grade 12, other than a public school, but furnishing a comprehensive curriculum of academic instruction either similar to that of a public school or otherwise meeting educational requirements of the laws of the State of New York. This shall not include a college, nursery school, day camp, professional school or a school giving special or limited instruction in areas of learning such as business, art, music, dance or riding.
A school giving regular instruction in professional subjects, such as the dramatic or graphic arts, business, dancing, languages, music, sciences or stenography and secretarial courses.
An institution or place for learning, limited to prekindergarten through grade 12, operated by a public school district under the laws of the State of New York. This shall not include a college, nursery school, day camp, professional school or a school giving special or limited instruction in areas of learning such as business, art, music, dance or riding.
See Article VI.
Possession of land under single or unified control, whether by sole or joint ownership or otherwise.
That part of any building comprised between the surface of one floor, except a cellar floor, and the surface of the next higher floor or, if there is no higher floor, then that part of the building comprised between the surface of the highest floor and the ceiling above, except an attic ceiling.
A thoroughfare open to public vehicular travel and affording the principal means of access to abutting land or property.
The dividing line between a street and a lot; also termed "front lot line."
Any combination of materials forming a construction or part thereof, other than a building, the use of which requires location on the ground or attachment to something having location on the ground, including but not limited to fences and walls; gasoline pumps, gates and gateposts; mobile dwellings, whether mobile or stationary at the time; platforms or stands; pools; porches; sheds or bins; shelters; signs; standpipes; tanks of any kind; towers of any kind, including radio and television towers and antennas; parabolic or hemispheric discs or dishes or other similar convex or concave antennas, the purpose of which is to receive television and radio and/or microwave or other similar signals from satellites or ground stations which transmit satellite signals, but excluding conventional television and radio aerials; tents; patios and trellises.
The purpose for which land or a building or a structure, or a portion thereof, is designed, arranged, intended, occupied or maintained. The term "permitted use" or any variant or any other form of said term having the same meaning shall not be deemed to include any nonconforming use.
A use which is customarily associated with and incidental and subordinate to the principal uses of a lot or a building and which is located on the same lot therewith; provided, however, that an accessory use in the context of a gasoline station must relate directly to the motor vehicles and maintenance of motor vehicles.
A use prohibited unless a permit therefor shall have been received from the Board of Trustees.
Any trailer, boat, tractor, van, truck or motor vehicle used for transportation for compensation or for hire of persons or property or used in conjunction with a trade or occupation. For the purposes of this definition, a limousine is presumed to be a commercial vehicle. Lack of commercial license plate or commercial registration shall not be conclusive proof that a vehicle is not a commercial vehicle within this definition.
An open, unoccupied space, other than a court, on the same lot with a building or a building group, which open space lies between the building or building group and the nearest lot line and is unobstructed from the ground upward, except for trees, shrubbery or other natural landscaping or as otherwise permitted in this chapter. The depth or width of a yard, as the case may be, shall be measured from the nearest part of the building to the nearest point of the lot line bounding the yard.
A yard extending across the full width of the lot and lying between the street line of the lot and the nearest building line of the main building or building group.
A yard extending across the full width of the lot and lying between the rear lot line and the main building or building group.
A yard between the side lot line and the nearest point of the main building or building group and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front or rear lot line, as the case may be.
§ 99-4 District designations and Zoning Map.
A.
Districts. For the purpose of this chapter, the Village of Floral Park, Nassau County, is hereby divided into six classes of districts, namely:
B.
Zoning Map. The above districts are hereby established with designations, locations and boundaries thereto indicated on the map entitled "Zoning Map of the Incorporated Village of Floral Park," which map is hereby adopted as a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
C.
District boundaries. In construing the Zoning Map, the following rules shall apply:
(1)
Where district boundaries are indicated as approximately following the boundary lines of the Village or of streets, railroads, parks or parking fields therein, such lines shall be construed to be such boundaries, except that where a street separates two districts, the center of the street shall be the boundary.
(2)
Where district boundaries are indicated as approximately following lot lines on a filed map and are not more than 20 feet distant therefrom, such lot lines shall be construed to be such boundaries.
(3)
In unsubdivided land or where a district boundary divides a lot in single ownership, the location of such boundary, unless the same is indicated by dimensions shown on the Zoning Map, shall be determined by use of the scale appearing on said map.
(4)
In case of uncertainty as to the location of a district boundary or whenever the lines of an existing or mapped street differ from the same street lines as shown on the Zoning Map, the boundary shall be fixed by the Board of Appeals in such a way as to carry out the intent of this chapter.
(5)
When a lot or group of lots located in more than one zoning district have been utilized continuously for a significant time period for a single use, the Board of Trustees shall have the authority to allow as a special use thereon any land use which is permitted as of right or as a special use in any of the zoning districts in which the lot or group of lots are partially located.
§ 99-5 Application of regulations.
[Amended 11-19-2024 by L.L. No. 5-2024]
A.
Uses. No building or structure shall hereafter be erected, and no existing building or structure shall be altered or enlarged, nor shall any land, building or structure be used, for any purpose other than one which is included among the uses listed in this chapter as permitted in the district in which such building, structure or land is located, nor in any manner contrary to any of the requirements specified in any section hereof.
B.
Height. No building or structure shall hereafter be erected, reconstructed or altered to exceed the height limit designated in the Schedule of Regulations contained in § 99-6[1] for the district in which such building is located.
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
C.
Area and open space. No building or structure shall hereafter be erected, nor shall any existing building or structure be altered, nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity with the yard, lot width and area regulations designated in the annexed Schedule of Regulations relative to the district in which such building or space is located, provided that the minimum lot width and lot area regulations shall not apply to any lot having less than the required width or area at the time of the adoption of this chapter or of any amendment thereof increasing the width or area required for such lot and held at that time and continuously thereafter in separate ownership from that of adjoining land, but such lot shall not be reduced in width or area, and all other regulations prescribed in this chapter for the district in which such lot is situated shall apply thereto.
D.
Off-street parking. Off-street parking spaces shall be provided as specified in the annexed Schedule of Regulations and in Article IV, and such spaces shall be provided with necessary passageways and driveways appurtenant thereto and giving access thereto, and all such space, together with such passageways and driveways, shall be deemed to be required space on the lot on which the same is situated and shall not thereafter be encroached upon or reduced in any manner except as otherwise provided in this chapter.
D1.
Alternative parking relief; Parking Trust Fund.
(1)
Legislative intent. The Board of Trustees hereby find that a shortage of municipal and private off-street parking exists within the Village, thus creating congestion and also causing a negative impact upon the viability of the Village's business community. The Board also finds that an alternative method of obtaining a parking variance other than that set forth in § 99-61 for the R-A, B-1, B-2 and B-3 districts will be in the best interests of the Village and will promote the health, safety and welfare of the community. Accordingly, in order to further the goal of creating future municipal and private off-street parking in the Village, the Board hereby seeks to establish a Parking Trust Fund.
(2)
Creation of Parking Trust Fund. There is hereby created a Parking Trust Fund in the Incorporated Village of Floral Park for the purpose of receiving funds upon the granting of alternate parking variances and for the further purpose of providing a source of funds for the provision of future municipal off-street parking, including the acquisition of land for said purposes.
(3)
Alternate parking variance procedure. In addition to the granting of parking variances pursuant to § 99-61, the Zoning Board of Appeals shall be authorized to grant an alternate form of variance as set forth herein. The Zoning Board of Appeals may vary the parking requirements established in this section by reducing the number of parking spaces required for a specific use or structure at the property under consideration, provided that any such variance shall only be granted subject to a condition requiring a payment to the Village of the sum of up to $2,500 per parking space so waived, varied or modified for deposit by the Village into the Parking Trust Fund.
(4)
Dedicated trust fund. Any moneys deposited into the Parking Trust Fund shall constitute a trust fund to be used by the Board of Trustees exclusively for municipal off-street parking, including the acquisition, improvement and maintenance of land, facilities or parking equipment for said purpose.
(5)
Payment required. Payment of the required fee to the Parking Trust Fund pursuant to an alternate parking variance grant of the Zoning Board of Appeals shall be a prerequisite to the issuance of a building permit or other municipal certificate.
E.
Reduction of lot area. No lot area shall be reduced or diminished so that the minimum land area per dwelling unit, yards or other open spaces thereon shall be smaller than as prescribed by this chapter.
F.
Yard limitations. No yard or other space provided on one lot for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space required on any other lot.
G.
Prior construction. Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building or structure, a substantial portion of the construction of which was lawfully completed at the date this chapter or any amendment thereof affecting the same takes effect and which construction is completed within one year after such date.
H.
Prohibited uses. Any use which is not specifically permitted under this chapter shall be a prohibited use.
§ 99-6 Schedule of Regulations. [1]
The Schedule entitled "Schedule of Regulations" and designated as a part of this Section is hereby adopted and declared to be a part of this chapter and may be amended in the same manner as any other part of this chapter. The regulations listed in said schedule for each district are hereby adopted and prescribed for such district, subject to the provisions of Articles IV through IX and, unless otherwise indicated, said regulations shall be deemed to be the minimum requirements in every instance of their application. The use, off-street parking and applicable site plan regulations are set forth herein.
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.