Malverne City Zoning Code
ARTICLE I
General Provisions
§ 600-1.0 Title.
This chapter shall be known and may be cited as the "Zoning Code of the Incorporated Village of Malverne, New York."
§ 600-1.1 Purpose.
A.
There is hereby established a Comprehensive Zoning Plan for the Incorporated Village of Malverne, which plan is set forth in the text, maps and schedules 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:
(1)
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.
(2)
Providing a guiding pattern of land use and population density that:
(a)
Represents the most appropriate use of land throughout the Village.
(b)
Is a normal and beneficial evolution of the comprehensive planning that has guided the development of the Village from its inception.
(c)
Recognizes sound trends in building development and land area design.
(d)
Takes account of trends of development in the larger community of Nassau County of which the Village is a part.
(3)
Providing an atmosphere of community safety and suburban quality of life in all neighborhoods of the Village.
(4)
Fostering 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 of the Village and the provision for safe and convenient traffic access appropriate for the various uses of land and buildings throughout the Village.
(5)
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.
B.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of public health, safety, morals and general welfare. Among the purposes of this chapter shall be the protection of the public interest by ensuring that development results in minimum disturbance of natural terrain and reduction in the potential for such adverse occurrences as soil erosion, siltation, slide damage, flooding problems, severe land and/or tree cutting or scarring and loss of vegetation, natural land cover and animal habitat. These regulations are designed to foster development of a character which respects the natural environment, the natural character, and conserves the aesthetic and historic qualities of the land as well as the Village's man-made resources as an important part of Malverne's heritage. It is not intended by this chapter to repeal, abrogate, annul, or in any way impair or interfere with any existing provisions of law or ordinance or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to any law unless such rules, regulations or permits previously adopted are inconsistent with the provisions of this chapter. Where this chapter imposes a greater restriction upon the use of buildings or land or upon the height of buildings, or requires larger yards or greater open spaces than are imposed or required by such existing provisions of law or ordinances or by such rules, regulations or permits, the provisions of this chapter shall control.
§ 600-1.2 Definitions and word usage.
For the purposes of this chapter, certain words, terms and phrases shall be interpreted or defined as set forth in this section.
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"; "buildings" shall be construed as though followed by the words "or part thereof"; the word "shall" is always mandatory. Words not specifically defined in this chapter shall be given their plain and ordinary meanings. The titles to articles, sections or subsections are intended for the purpose of convenience and are not intended to influence the interpretation of any text.
B. ACCESSORY BUILDING OR STRUCTURE ACCESSORY USE ALTER; ALTERATION AVERAGE NATURAL GRADE LEVEL APPROVED BASEMENT BUILDING BUILDING AREA(1) (2) (3) (4) (5) (6) (7) BUILDING HEIGHT BUILDING INSPECTOR CELLAR CODE ENFORCEMENT OFFICER DEMOLITION DWELLING DWELLING, MULTIPLE-FAMILY DWELLING, ONE-FAMILY DWELLING, TWO-FAMILY DWELLING UNIT EXIT FAMILY(1) (2) (a) (b) (c) (3) (4) FLOOR AREA FLOOR AREA RATIO (FAR)(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) GARAGE, MULTIPLE DWELLING GARAGE, PRIVATE GARAGE, PUBLIC HABITABLE SPACE HOME, MOBILE HOME OCCUPATION(1) (2) (3) (4) (5) HOME PROFESSIONAL OFFICE HOSPITAL HOTEL LOT LOT AREA LOT, CORNER LOT COVERAGE LOT, DEPTH OF LOT FRONTAGE LOT, INTERIOR LOT WIDTH NONCONFORMING LOT, BUILDING, STRUCTURE OR USE PARKING AREA, PRIVATE PERSON PORCH PORCH, ENCLOSED PREEXISTING BUILDING PUBLIC PLACE SCHOOL SCHOOL, NURSERY SCHOOL, PROFESSIONAL SCHOOL, PUBLIC STORY STREET LINE STRUCTURE SUPERINTENDENT OF BUILDINGS 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 requires otherwise, the following words shall have the following meanings:
A building or structure subordinate and incidental to the main building or structure on the same lot and used for purposes customarily incidental to those of the main building or structure. For purposes of this chapter, an accessory building or structure shall not occupy more than 40% of the rear yard. No part of an accessory building or structure shall be less than four feet from the rear or side lot lines, except that a detached garage and sheds less than 100 square feet shall be no less than two feet from the rear or side lot lines.[1]
A use on the same lot which is customarily incidental and subordinate to the principal use.
To:
The mean elevation of the land along and adjacent to the front of a building or structure prior to the placement of any fill thereon, or as depicted on plans previously approved in accordance with this chapter, whichever is more recent.[2]
As applied to any material, device, or mode of construction, the written approval by the Superintendent of Buildings, which approval shall be given only after full compliance with the requirements of this chapter and satisfactory evidence of impartial tests submitted to the Superintendent of Buildings.
A story partly underground but having at least 1/2 of its floor-to-ceiling height above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of height measurement of a building.
A structure wholly or partially enclosed with exterior walls, or party walls, and a roof affording shelter to persons, animals, or property for any use or occupancy.
The square footage of buildings, and accessory structures, measured at the exterior of the foundation walls or foundation structure of a building, excluding the square footage of:
Open and uncovered porches;
Balconies and terraces;
Decks and patios less than 10 inches in height;
Cornices, eaves or chimneys projecting not more than 24 inches;
Porticos not exceeding 48 square feet;
Hanging bay windows not extending through more than one story, in no event projecting more than five feet from the facade; and
Temporary structures.
The vertical distance measured from the average natural grade level, as defined in this chapter, to the highest level of a flat or mansard roof, or to the peak of a pitched, gable, hip or gambrel roof. The highest point shall not include heating, ventilation and air-conditioning equipment; stairway and elevator bulkheads; antennas; and other minor appurtenances.[3]
The person appointed by the Board of Trustees to assist the Superintendent of Buildings with the inspection, approval and issuance of permits for the construction, alteration, or demolition of buildings or other structures in the Village.
The part of a building which is partly or wholly underground but having less than 1/2 of its floor-to-ceiling height above the average level of the adjoining ground. A cellar shall not be counted as a story for purposes of height measurement of a building. The cellar shall not be calculated in floor area.
The Superintendent of Buildings for the Village of Malverne or such other person designated by the Board of Trustees to enforce the provisions of this chapter.
The dismantling or razing of all or part of a building or structure, including all operations incidental thereto.
A building or structure 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 an hotel, rooming house, motel, tourist home, mobile home, hospital, dormitory, tent, fraternity or other accommodations or other similar uses.
A dwelling authorized for use as and containing three or more dwelling units separated by uninterrupted party walls, partitions or floors. A multiple-family dwelling shall include dwellings:
A detached dwelling authorized for use as and consisting of a building containing one dwelling unit only.
A detached dwelling authorized for use as and containing two dwelling units only, separated by uninterrupted party walls, partitions or floors.
One or more rooms with provisions for living, cooking, sanitary and sleeping facilities for use by one family.
Means or way of departure from the interior of a building or structure to the exterior at street or grade, including doorways, passageways, hallways, corridors, stairways, ramps, fire escapes and all other elements necessary for egress or escape.
One or more individuals, 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 individuals together occupy and own, lease or rent the whole of a 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;
One or more individuals, whether or not related to each other by blood, marriage or adoption, shall not be deemed to constitute a family if:
Any one or more of such persons may not have lawful access to all parts of the building or dwelling unit; or
If any one or more of such individuals lease or rent any separate portion of such building or dwelling unit from any other individual; 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 building or dwelling is occupied by more than one family if: (1) any two or more of the following features are found to exist at a building or dwelling: (a) more than one mailbox, mail slot or post office address, or doorbell or doorway on the same side of the building or dwelling or electric meter or gas meter; or connecting line for cable or satellite TV; (2) two or more kitchens, each of which contains a range or oven, and a refrigerator or sink; (3) separate entrances for segregated portions of the building or dwelling; (4) partitions or locked doors barring access between segregated portions of the building or dwelling including bedrooms; or (5) separate written or oral leases or rental agreements or the payment of rent for portions of the building or dwelling among its owner or residents. The presumption provided for in this subsection shall be rebuttable. Such presumption shall not preclude a determination that the building or dwelling unit is not occupied by one family based on other criteria not listed in this subsection.
The Superintendent of Buildings shall make the primary determination as to the application of this definition of "family" for the purposes of compliance with any provisions of this chapter 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 upon any other documentary or 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 such determination shall be presumed to be correct and final, subject to review of or appeal by the Zoning Board of Appeals and judicial review as provided by law.
The area, measured in square feet, of a floor of a building, measured at the exterior of the walls thereof.
The total floor area in square feet of a building, buildings or accessory structures divided by the area in square feet of the lot on which the building, buildings or accessory structures are situated. For purposes of FAR, total floor area shall exclude:
Open or uncovered porches;
Balconies and terraces;
On-grade patios;
Cornices, eaves or chimneys projecting not more than 24 inches;
Porticos not exceeding 48 square feet;
Hanging bay windows not extending through more than one story, in no event projecting more than five feet from the facade;
Temporary structures;
Sheds;
Detached garages and garages without structures above; and
Swimming pools.
Shall consist of a basement garage or accessory garage building, or a combination of the two with outdoor parking facilities providing for one parking space consisting of not less than 200 square feet for the parking of each noncommercial automobile for each dwelling unit.
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 building, other than a private garage, available to the public and operated as a commercial business regardless of profit or loss and used for the storage or repair of automobiles only as an incidental use.
The space occupied by one or more persons for living, sleeping, eating or cooking.
A structure or vehicle containing one or more dwelling units that is so designed as to be transportable, either by being drawn or propelled or under its own power. This definition shall apply irrespective of whether or not the wheels or other devices for transportability are actually in place or operable. Trailers, house-cars or other structures with similar designations shall be deemed to be mobile homes.
Any use customarily conducted entirely within a dwelling solely by the inhabitants thereof which is clearly incidental to the residential use and in connection with which there are:
No sounds audible outside the building;
No display of goods visible from outside the building;
No signs or other advertising;
No selling of a commodity on the premises; and
Which use does not occupy more than 25% of the habitable floor area of any single floor of the dwelling and does not in any way change, alter or modify the residential character or appearance of the building.
The office or studio of a physician, dentist, architect, accountant, artist, musician, chiropractor, osteopath, podiatrist, professional engineer, real estate or insurance broker or lawyer, provided that: (1) such use is clearly incidental to the resident's use of the premises and is conducted entirely within a dwelling in which the practitioner resides; (2) not more than three assistants or employees are employed; (3) such use does not occupy more than 25% of the habitable floor area of any single floor of the dwelling; (4) there is no display of goods or advertising other than a professional nameplate no larger than six inches by 12 inches bearing only the name and occupation (words only) of the practitioner; (5) there is no alteration or change to the building exterior which will change or modify the residential character or appearance thereof; and (6) such use does not have any feature which is annoying, offensive or harmful to public health, safety or general welfare by reason of noise, glare, vibration, odor, radiation, dust, fumes or undue traffic. The Board of Trustees shall have the power to grant a special use permit for a professional office in the home for a profession not specifically enumerated herein, provided the use is of the same or similar general character of those enumerated in this definition.
An institution licensed for the care of at least four sick, injured, infirm or aged persons, but excluding a penal, correctional or mental institution or institutions for alcoholics or drug addicts.
A building or portion thereof or a group of buildings containing sleeping accommodations for transient guests, without individual kitchen facilities, whether such establishment is designated as an hotel, inn, motel, motor hotel, motor lodge, rooming house, or other similar establishment. "Hotel" shall also include bed-and-breakfast establishments.
A vacant parcel of land or a parcel occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter, and such open spaces as are arranged and designed to be used in connection with such building.
The total area of a lot located within the border thereof.
A parcel of land at the junction of and fronting on two or more intersecting streets.
The square footage of a lot covered by the building area of primary and accessory structures.
The mean distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.
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.
The distance between the mean points along the side lines of a lot.
A 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 the main building or their employees or customers.
Any individual, partnership, association, or corporation or other business or legal entity.
A platform at an entrance of a building. The term "porch" shall include any veranda, gallery, terrace, pergola, piazza, portico or similar projection from a main wall of a building, which is either covered or not by a roof not enclosed and which is not heated.
A porch which is covered by a roof and fully enclosed with outside walls having window sashes and window frames. All other porches shall be considered open porches.
A building or part thereof which was lawfully in existence at the time that such regulation became applicable thereto, whether by the adoption of the first Zoning Ordinance or local law replacing the same, including this local law, or of any amendments to any of the foregoing, and which has not since that time been altered in any manner or moved.
Any place available to or used by the general public, whether or not an admission fee is charged, including, but not limited to, restaurants, discotheques, cabarets, bars, social clubs, amusement parks, penny arcades, game rooms and other similar establishments.
An institution or place for learning, limited to pre-kindergarten through grade 12, other than a public school, which furnishes 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 regularly organized school licensed by the State of New York operated to provide daytime instruction, guidance or education for children two to five years of age inclusive.
A school giving regular instruction in professional subjects, such as, without limitation, the dramatic or graphic arts, business, dancing, languages, music, sciences or stenography and secretarial study.
An institution or place for learning, limited to pre-kindergarten 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.
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 compromised between the surface of the highest floor and the ceiling above.
The dividing line between the street and the lot.
Any combination of materials forming any construction or part thereof, including 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, curbs, fences and walls; gasoline pumps; gates and gateposts; mobile dwellings, whether mobile or stationary at the time; platforms or stands; pools and pool equipment; porches; sheds or bins; shelters; signs; standpipes; tanks of any kind; air conditioning compressors; fire pits; 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, trellises and solar energy equipment. The word "structure" shall be construed to include the words "or part thereof." A "temporary structure" shall be defined as any structure without a footing or foundation.
The person charged with the inspection, approval and issuance of permits for the construction, alteration or demolition of buildings or other structures in the Village. The Board of Trustees may appoint Building Inspectors, who shall serve as assistants to the Superintendent of Buildings.
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 which is located upon the same lot therewith.
A use prohibited unless a permit therefor shall have been received from the Board of Trustees.
Any trailer, boat, tractor, van, truck or other motor vehicle licensed or 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 as defined in this section.
An open, unoccupied space on the same lot with the building, open and unobstructed from the ground to the sky, except as otherwise provided in this chapter.
A yard across the full width of the lot extending from the front wall of the building to the front line of the lot. Corner lots shall have two front yards. The primary front yard shall be the yard with the shortest street frontage. The other front yard shall be considered the second front yard.
A yard lying from the rear line of the lot and the nearest point of the building extending between the side lines of the lot. For corner lots, the rear yard shall be the yard opposite the primary front yard.
A yard lying between the side line of the lot and the nearest point at the building extending from the front yard to the rear yard.
§ 600-1.3 Permitted uses.
No building or structure in any district shall hereafter be erected and no existing building or structure in any district shall be altered or enlarged, nor shall any land, building or structure in any district be used, for any purpose other than those permitted in this chapter.
§ 600-1.4 Schedule of Regulations; applicability.
A.
A Schedule of Regulations shall be adopted and is hereby declared to be part of this chapter and may be amended in the same manner as any other part of this chapter. The regulations listed in the Schedule of Regulations shall be deemed to be the minimum prescribed requirements for each district in every instance of their application.[1]
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
B.
Application of regulations.
(1)
Height. No building or structure shall hereafter be erected, reconstructed or altered to exceed the height limit designated in this chapter and the Schedule of Regulations for the district in which such building is located.
(2)
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 this chapter and the yard, lot width and area regulations designated in the 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.
(3)
Off-street parking and loading. Off-street parking space and off-street loading space shall be provided as specified in this chapter and the Schedule of Regulations, 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.
(4)
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 and the Schedule of Regulations.
(5)
Yard limitations. No yard or other open 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.
(6)
Prior construction. Nothing contained in this chapter shall require any change in the plans, construction or designated use of a preexisting building or structure, a substantial portion of the construction of which was lawfully completed on the date this chapter or any amendment thereto affecting the same takes effect, provided that construction is completed within one year after such effective date.
§ 600-1.5 Schedule of fees.
All fees and charges shall be paid in accordance with the Schedule of Fees adopted by the Board of Trustees. The Board of Trustees may amend, from time to time, the Schedule of Fees by resolution.
§ 600-1.6 Merger.
A lot created before the effective date of this chapter having common ownership with an adjoining lot shall be deemed to have merged into one lot. Lots which have merged shall be considered one lot and shall conform to the minimum prescribed requirements in this chapter.