Green Island City Zoning Code
ARTICLE I
General Provisions
§ 169-1 Statutory authority.
Pursuant to the authority conferred by § 7-700 of the Village Law of the State of New York, the Board of Trustees of the Village of Green Island hereby adopts and enacts as follows.
§ 169-2 Title.
This chapter shall be known as "Local Law No. 3-1978 of the Village of Green Island," as amended. The short title shall be the "Green Island Local Zoning Law."
§ 169-3 Purposes.
A.
The purposes of this chapter and the regulations and zoning districts, as outlined on the Zoning Map, are to provide for orderly growth, to lessen congestion in streets, to secure safety from fire, flood and other dangers, to provide adequate light and air, to prevent overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements and to promote the health, safety and general welfare of the public.
B.
This chapter has been made with reasonable consideration, among other things, as to the character of each district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land.
§ 169-4 Applicability.
A.
Except as hereinafter provided, no building or structure shall be erected, moved, altered or extended and no land, building or structure or part thereof shall be occupied or used unless in conformity with the regulations specified for the district in which it is located.
C.
Nothing herein contained shall require any change in plans or construction of a building for which a building permit has been issued.
§ 169-5 Word usage and definitions.
A.
Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense shall include the future. Words used in the singular number include the plural, and words used in the plural number include the singular unless the context indicates the contrary. The word "shall" is always mandatory. The word "may" is permissive. "Building" or "structure" includes any part thereof. The word "lot" includes the word "plot" or "parcel." The word "person" includes an individual person, a firm, a corporation, a copartnership or any other agency of voluntary action. The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for." The word "his" shall include "hers," and "he" shall include "she."
B. ACCESSORY USE OR BUILDING ADULT ENTERTAINMENT ACTIVITY AGRICULTURAL USE ALTERATION BASEMENT BOARDINGHOUSE BUILDING BUILDING AREA BUILDING HEIGHT BUILDING LINE BUILDING LINE WIDTH, MINIMUM CAMP CLUB COMMUNITY CENTER COVERAGE DRIVE-IN SERVICE DUMP DWELLING, MULTIPLE-FAMILY DWELLING, ONE-FAMILY DWELLING, TWO-FAMILY DWELLING UNIT FAMILY FLOOR AREA FLOOR AREA OR ROOM, HABITABLE GASOLINE STATION HOME OCCUPATION(1) (2) HOSPITAL HOTEL or MOTEL JUNKYARD KENNEL LOADING SPACE LOT LOT AREA LOT DEPTH LOT FRONTAGE MOBILE HOME NEIGHBORHOOD COMMERCIAL NONCONFORMING USE OWNER PARKING SPACE PROFESSIONAL RESIDENCE-OFFICE RECREATION, INDOOR RECREATION, OUTDOOR RELIGIOUS INSTITUTION RESIDENTIAL USE RETAIL STORE SCHOOL SIGN SIGN, ADVERTISING OR BILLBOARD SIGN, BUSINESS SPECIAL USE STABLE STREET STREET LINE TOURIST HOME TRAILER USE, PERMITTED YARD YARD, FRONT YARD, REAR YARD, SIDE
As used in this chapter, the following terms shall have the meanings indicated:
A use or building customarily incidental and subordinate to the principal use or building and located on the same lot.
Any commercial activity, whether conducted intermittently or full-time, which primarily involves the sale, display, exhibition or viewing of books, magazines, films, photographs or other materials distinguished or characterized by an emphasis on matter depicting, describing or relating to human sex acts or by emphasis on male and female genitals or buttocks or female breasts.
A use of land containing at least two acres for the production of horticultural or agricultural foodstuffs, excluding livestock. For the purposes of this chapter, agricultural uses shall not include stabling, kenneling, dairying, slaughtering or riding stables. The sale of agricultural produce raised on the property shall be considered as an accessory use.
A structural change, rearrangement, change of location or addition to a building other than repairs and modification in building equipment.
A story partly underground. A basement shall be counted as a story if the vertical distance between the basement ceiling and the average grade level of the adjoining ground is six feet or more.
Any dwelling in which the owner, either individually or with family, maintains a dwelling unit and in which dwelling additionally three or more persons, whether individually or in families, are domiciled for compensation with or without meals. The term "boardinghouse" shall include "rooming house" or "furnished room house."
A structure having a roof supported by columns or walls and intended for shelter or enclosure of persons, animals or chattels.
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, inclusive of covered porches, terraces and steps. All dimensions shall be measured between exterior wall faces.
The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat and mansard roofs and to the average height between the eaves and ridge for other roofs.
A line parallel to the front lot line coinciding with the building face which is closest to the front lot line. This face includes porches and steps.
The distance measured across the width of the lot at the required building line.
Land on which is located one or more cabins, trailers, shelters, houseboats or other accommodation for seasonal or temporary living purposes, excluding mobile homes.
A building or use catering exclusively to club members and their guests and not operated primarily for profit, including YMCA, YWCA, YMHA, fraternity, sorority, lodge, religious and similar clubs.
A meeting hall, place of assembly, museum, art gallery or library not operated primarily for profit.
That percentage of lot area covered by building area.
Includes drive-in outdoor theaters, refreshment stands, fast-food restaurants, banks and the like, where patrons enter the premises and are served or entertained in automobiles.
Land used for disposal, by abandonment, dumping, burial, burning or other means, of garbage, sewage, trash, refuse, junk, machinery, vehicles or parts thereof or waste material of any kind.
A building used as living quarters by three or more families living independently of each other.
A building used as living quarters by one family.
A building used as living quarters by two families living independently of each other.
A building or part thereof used as living quarters by one family. The terms "dwelling," "one-family dwelling," "two-family dwelling" or "multiple-family dwelling" shall not include a motel, hotel, boardinghouse, tourist home, camp, hospital, club or similar structure.
One or more persons living, sleeping, cooking and eating on the same premises as a single housekeeping unit.
The sum of the gross horizontal area of the floors of a building, excluding basement floor areas. All dimensions shall be measured between interior faces of walls.
The floor area of rooms in a dwelling unit used for bedrooms, living room, dining room and kitchen.
An area of land, including structures thereon or any building or part thereof, used primarily for the sale and direct delivery to the motor vehicle of gasoline or any other motor vehicle fuel or oil and other lubricating substances and may also include the sale of motor vehicle accessories and/or facilities for lubricating, washing (without mechanical equipment) or otherwise servicing motor vehicles, but not including auto body work, welding or painting. Gasoline stations shall include filling stations and service stations.
The accessory use of a service character conducted within a dwelling by residents thereof which is clearly secondary to dwelling use for living purposes and does not change the character or have any exterior evidence of such use and which conforms to the following conditions:
Home occupations shall be carried on wholly within the principal building. Not more than one person outside the family shall be employed. There shall be no exterior storage of materials used in the occupation.
Home occupation includes but is not limited to an artist, babysitter, barber, beautician, cook, draftsman, dressmaker, launderer, musician and photographer. (See definition of "professional residence-office.")
Includes a sanatorium, clinic, rest home, nursing home, convalescent home, home for the aged and any place for diagnosis and/or treatment of human ailments.
A building, group of buildings or part thereof containing five or more individual units intended as living and sleeping accommodations for transient occupancy for compensation. (See also "tourist home.")
Any land or building used for collecting, storage or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, wrecking, dismantling, storage, salvaging or sale of machinery parts of vehicles not in running condition. Two or more vehicles not in running condition shall constitute a junkyard.
A building or land used for harboring four or more dogs or cats over six months old.
An off-street space at least 12 feet wide by 40 feet long used for the temporary location of one licensed motor vehicle. Such space shall have access to a street or alley.
Land occupied or which may be occupied by a building and its accessory uses, together with required open spaces, having not less than the minimum area, width and depth required for a lot in the district in which the land is situated as defined in the chapter and having frontage on a street as identified on the Official Map of the Village of Green Island or other means of access as may be determined by the Planning Board to be adequate as a condition for issuance of a building permit.
The total area within property lines, excluding any part thereof lying within the boundaries of a street or proposed street.
The mean horizontal distance from the street line of the lot to its opposite rear line measured at right angles to the building line.
The distance measured across the width of the lot at the street right-of-way line.
A detached residential dwelling unit designed for transportation after fabrication on streets and highways on its own wheels or on a flatbed or other trailer and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, located on jacks or other temporary or permanent foundations and connected to utilities and the like. A travel trailer is not to be considered as a mobile home.
Any commercial use such as a grocery store, newspaper stand or drugstore which is clearly intended to serve the residents of the immediate surrounding area or neighborhood.
The use of land or structure which does not comply with all regulations for the district in which it is located, where such use conformed to all applicable laws, ordinances and regulations prior to enactment or amendment of this chapter.
The person or persons holding title to the property.
A space at least 9 1/2 feet wide by 20 feet long used for the temporary location of one licensed motor vehicle. Such space shall have access to a street or alley.
A dwelling in which the occupant has a professional office which is clearly secondary to the dwelling use for living purposes, does not change the residential character and where not more than one person outside the family is employed. (See definition of "home occupation.")
Includes bowling alleys, theaters, table tennis and pool halls, skating rinks, gymnasiums, swimming pools, hobby workshops and similar places of indoor recreation.
Includes golf courses, golf driving ranges, archery ranges, swimming pools, skating rinks, tennis courts, recreation stadiums, skiing facilities and similar places of outdoor recreation.
Includes churches, temples, parish houses, convents, seminaries and retreat houses.
Includes one-family dwellings, two-family dwellings, multiple-family dwellings, professional residence-offices and mobile homes.
An enclosed store for the sale of retail goods, personal service shop, department store and restaurant and shall exclude any drive-up service, pushcart or peddler cart, gasoline service and motor vehicle repair service, new and used car sales and service, trailer and mobile home sales and service.
Includes a parochial, private and public school, college, university and accessory uses and shall exclude commercially operated schools of beauty culture, business, dancing, driving, music and similar establishments.
Any device, structure, building or part thereof for visual communication used to bring the subject thereof to the public's attention.
A sign which directs attention to a business, industry, profession, service, commodity or entertainment conducted, sold or offered elsewhere than upon the same lot.
A sign which directs attention to a business, industry, profession, service, commodity or entertainment sold or offered upon the same lot on which it is displayed, including "for sale or rent" signs.
Any use requiring a special use permit to be obtained from the Planning Board.
[Added 12-19-1988 by L.L. No. 1-1988]
A building in which one or more horses are kept, whether for private use or for hire. A stable shall include riding academies and riding stables.
A public way for vehicular traffic which affords the principal means of access to abutting properties.
The right-of-way line of a street as dedicated by a deed of record.
A building, group of buildings or part thereof in which not more than four individual units are provided to transient guests for compensation.
A vehicle capable of being used as seasonal sleeping or living quarters, not exceeding 380 square feet in floor area, whether self-propelled or towed, or a camper body mounted on a motor vehicle. "Trailer" shall also include any vehicle which may be towed and used for carrying goods, equipment, machinery or recreation vehicles or as a site office.
A use specifically allowed in the district, excluding illegal and nonconforming uses.
Space on a lot not occupied with a building. Porches shall be considered as part of the main building and shall not project into a required yard.
The yard between the front lot line and the front line of a building extended to the side lot lines.
The yard between the rear lot line and the rear line of a building extended to the side lot lines.
The yard between the side lot line and the building, extending through from the front to the rear yard.