Malverne City Zoning Code
ARTICLE II
Zoning Districts
§ 600-2.0 Designated titles.
§ 600-2.1 Boundaries; Zoning Map.
A.
The boundaries of said districts shall be as shown upon the map on file in the Village Office, which shall be designated as the "Building Zone Map of the Village of Malverne, Nassau County, New York." Said map and all notations, references and other things shown thereon shall be as much a part of this chapter as if the matters and things shown by said map were all fully described herein.
B.
The boundaries between districts are, unless otherwise indicated, either the center lines of streets or railroad rights-of-way or such lines extended or lines parallel thereto. Where figures are shown on the Zoning Map between a street and district boundary line, they indicate that the district boundary line runs parallel to the street line at a distance therefrom equivalent to the number of feet so indicated. When the location of a district boundary is not otherwise determined, it shall be determined by the scale of the map measured from a given line. Where the street layout actually on the ground varies from the street layout as shown on the Building Zone Map, the designation shown on the mapped street shall apply in such a way as to carry out the intent and the purposes of this chapter for the particular area in question.
C.
Where a district boundary line divides a lot held in single ownership at the time of the passage of this chapter, the Zoning Board of Appeals, as hereinafter provided, may permit the less restricted use to extend to the whole or any part of such lot.
§ 600-2.2 Residence A District.
In the Residence A District, the following regulations, and those regulations set forth in the Schedule of Regulations,[1] shall apply:
A.
Permitted uses. A building may be erected, altered or used, and a lot or premises may be used, for any of the following purposes and for no other:
(1)
Single-family detached dwelling, except that, with any family, one roomer may be permitted for every 500 cubic feet of room space provided and kept available for sleeping quarters additional to that provided for each family and servants.
(2)
Educational, religious or philanthropic use, including a dormitory of an educational institution but excluding correctional institutions.
(3)
Telephone exchange, when authorized by a special use permit of the Zoning Board of Appeals, as hereinafter provided.
(4)
Farm, nursery or greenhouse; golf course, provided that there is no display for commercial purposes or advertisement on the premises; municipal administration or recreational use.
(5)
Railway passenger station, not including a freight yard.
(6)
Accessory use on the same lot which is customarily incidental to any of the above-permitted uses, including a private garage. This shall be understood to include a home professional office or home occupation, provided that the home professional office or home occupation room is located in a dwelling in which the practitioner resides.
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
§ 600-2.3 Residence B District.
In the Residence B District, the following regulations, and those regulations set forth in the Schedule of Regulations,[1] shall apply:
A.
Permitted uses. A building may be erected, altered or used, and a lot or premises may be used, for any of the following purposes and for no other:
(1)
Single-family detached dwelling, except that, with any family, one roomer may be permitted for every 500 cubic feet of room space provided and kept available for sleeping quarters additional to that provided for each family and servants.
(2)
Educational, religious or philanthropic use, including a dormitory of an educational institution but excluding correctional institutions.
(3)
Telephone exchange, when authorized by a special use permit from the Zoning Board of Appeals, as hereinafter provided.
(4)
Farm, nursery or greenhouse; golf course, provided that there is no display for commercial purposes or advertisement on the premises; municipal administration or recreational use.
(5)
Railway passenger station, not including a freight yard.
(6)
Accessory use on the same lot which is customarily incidental to any of the above-permitted uses, including a private garage. This shall be understood to include a home professional office or home occupation, provided that the home professional office or home occupation room is located in a dwelling in which the practitioner resides.
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
§ 600-2.4 Residence C District.
In the Residence C District, the following regulations, and those regulations set forth in the Schedule of Regulations,[1] shall apply:
A.
Permitted uses. A building may be erected, altered or used, and a lot or premises may be used, for any of the following purposes and for no other:
(1)
Single-family detached dwelling, except that, with any family, one roomer may be permitted for every 500 cubic feet of room space provided and kept available for sleeping quarters additional to that provided for each family and servants.
(2)
Educational, religious or philanthropic use, including a dormitory of an educational institution but excluding correctional institutions.
(3)
Telephone exchange, when authorized by a special use permit from the Zoning Board of Appeals, as hereinafter provided.
(4)
Farm, nursery or greenhouse; golf course, provided that there is no display for commercial purposes or advertisement on the premises; municipal administration or recreational use.
(5)
Railway passenger station, not including a freight yard.
(6)
Accessory use on the same lot which is customarily incidental to any of the above-permitted uses, including a private garage. This shall be understood to include a home professional office or home occupation, provided that the home professional office or home occupation room is located in a dwelling in which the practitioner resides.
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
§ 600-2.5 Residence D District.
In the Residence D District, the following regulations, and those regulations set forth in the Schedule of Regulations,[1] shall apply:
A.
Permitted uses. A building may be erected, altered or used, and a lot or premises may be used, for any of the following purposes and for no other:
(1)
Single-family detached dwelling, except that, with any family, one roomer may be permitted for every 500 cubic feet of room space provided and kept available for sleeping quarters additional to that provided for each family and servants.
(2)
Two-family detached dwelling.
(3)
Multiple-family dwelling, when permitted by a special use permit from the Board of Trustees, as hereinafter provided.
(4)
Hotels, lodging and boardinghouses, when permitted by a special use permit from the Zoning Board of Appeals, as hereinafter provided.
(5)
Educational, religious or philanthropic use, including a dormitory of an educational institution but excluding correctional institutions.
(6)
Hospital, sanatorium or telephone exchange, when authorized by a special use permit from the Zoning Board of Appeals, as hereinafter provided.
(7)
Farm, greenhouse, municipal administration or recreational use, railway passenger station, telephone exchange or golf course.
(8)
Accessory use on the same lot which is customarily incidental to any of the above-permitted uses, including a private garage. This shall be understood to include a home professional office or home occupation, provided that the home professional office or home occupation room is located in a dwelling in which the practitioner resides.
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
§ 600-2.6 Business District.
A.
Permitted uses. In the Business District, a building may be erected, altered or used, and a lot or premises may be used, for any of the following purposes and for no other:
(1)
Single-family dwelling.
(2)
Two-family detached dwelling.
(3)
Hotels, lodging and boardinghouses.
(4)
Educational, religious or philanthropic use, including dormitory of an educational institution but excluding correctional institution.
(5)
Farm, greenhouse, municipal administration or recreational use, railway passenger station.
(6)
Office, bank, financial institution, telephone, telegraph, gas or electric business.
(7)
Store, excluding, however, any store subject to the provisions of Subsection A(17) of this section.
(8)
Personal-service shops.
(9)
Bakery, pastry, candy, confectionery or ice cream shop, excluding, however, any shop subject to the provisions of Subsection A(17) of this section.
(10)
Post office.
(11)
Firehouse.
(12)
Police station.
(13)
Printing office.
(14)
Private garages, provided that no part of the storage space or workshop shall be nearer than 20 feet to any public street, unless all openings are glazed with obscure wire glass, and with only one driveway not exceeding 12 feet in width for each 50 feet front or fraction thereof. All entrance driveways shall have an unobstructed width of at least 10 feet, except that such driveway may be reduced to eight feet in width where not more than five automobiles are stored. Not more than five rated horsepower shall be used on the premises for power purposes, except for hoists and elevators. There shall be no opening in the side or rear walls or roof of such a garage within 15 feet of any side or rear lot line, except for a fixed wire-glassed sash in a noncombustible frame. No automobile commercial repair work, except emergency work, shall be carried on out-of-doors.
(15)
Tailoring, dressmaking and shoemaking and repairing.
(16)
Jewelry, watches, clocks or optical goods and musical, professional or scientific instruments repair or manufacture.
(17)
When authorized by a special use permit of the Board of Trustees in accordance with § 600-5.2:
(a)
Multiple-family dwelling.
(b)
Gas-filling station or public garage.
(c)
Undertaking or embalming.
(d)
Dry-cleaning or dyeing establishment, including any such establishment which makes available for use by the public any coin-operated or other automatic dry-cleaning machine or device, laundromat, launderette or other similar establishment which makes available for use by the public any coin-operated or other automatic clothes-washing or drying machine; provided, however, that any such establishment shall provide an adult attendant of not less than 21 years of age who is fully familiar with the use and operation of such machines and devices, and such individual shall be in attendance at all times when such machines are made available for hire.
(e)
Public parking space.
(f)
Trailer camps or parking spaces.
(g)
Store or shop for the sale of food or drink, which permits or provides or makes available any facility (which shall include but is not limited to parking or standing space on the premises for customers' motor vehicles) for the consumption of such food or drink on the premises outside the building or structure occupied by such store or shop.
(h)
Used car sales lot; provided, however, that no used car sales lot shall be located on any lot, any part of which is situated within a distance of 300 feet, as measured along the shortest line, from any lot occupied by a school or place of religious worship; and provided further that no used-car sales lot shall be so lighted or illuminated as to cause discomfort or annoyance to the owners or occupants of neighboring premises or to constitute a hazard to safety and traffic.
(i)
Any use of the same general character as any of the uses permitted in this subsection.
(j)
Theater, department store, supermarket, general market, public market, place of amusement, restaurant, lunch counter, lunch wagon, dance hall, bowling alley or billiard room.
(18)
Accessory use on the same lot which is customarily incidental to any of the above-permitted uses.
(19)
The professional office of a New York State Department of Education licensed lawyer, magistrate, engineer, physician, architect and/or teacher.
B.
Prohibited uses. In the Business District, no building may be erected, altered or used, and no lot or premises may be used, for any trade, industry or business that is noxious or offensive by reason of odor, dust, smoke, gas, vibration or noise. No internal-combustion engine or other machinery shall be used unless objectionable noise and vibration are eliminated and it is equipped and supplied with an effective muffler or silencer.
§ 600-2.7 Commercial District.
In a Commercial District, the following regulations, and those regulations set forth in the Schedule of Regulations,[1] shall apply:
A.
Prohibited uses. A building may be erected, altered or used, and a lot or premises may be used for any lawful purpose except the following:
(1)
Abattoirs.
(2)
Acetylene manufacture.
(3)
Acid manufacture.
(4)
Ammonia, chlorine or bleaching powder manufacture.
(5)
Arsenal.
(6)
Asphalt manufacture, refining, mixing or treating.
(7)
Assaying.
(8)
Blacksmithing or horseshoeing.
(9)
Boiler making or machine shops.
(10)
Brewing or distilling of liquors or sale thereof.
(11)
Candle manufacture.
(12)
Celluloid manufacture.
(13)
Coal yard.
(14)
Coke ovens.
(15)
Commercial stable for horses or livestock.
(16)
Crematory.
(17)
Creosote treatment or manufacture.
(18)
Distillation of coal, wood or bone.
(19)
Disinfectants manufacture.
(20)
Dyestuff manufacture.
(21)
Exterminator and insect poison manufacture.
(22)
Emery cloth and sandpaper manufacture.
(23)
Fat rendering.
(24)
Fertilizer manufacture.
(25)
Fireworks or explosives manufacture, storage or sale.
(26)
Gas (illuminating or heating) manufacture or storage.
(27)
Glue, size and gelatin manufacture.
(28)
Incineration or reduction of garbage, offal, dead animals or refuse.
(29)
Junk, scrap paper or rag storage or baling.
(30)
Kennels or a place for breeding or boarding any kind of animals for commercial purposes.
(31)
Lampblack manufacture.
(32)
Lime, cement or plaster-of-paris manufacture.
(33)
Match manufacture.
(34)
Manufacture of chloracetophenone.
(35)
Oilcloth or linoleum manufacture.
(36)
Oiled or rubber goods manufacture.
(37)
Ore reduction.
(38)
Paint, oil, varnish, or shellac or turpentine manufacture.
(39)
Petroleum refining or storage.
(40)
Printing ink manufacture.
(41)
Plating works.
(42)
Potash works.
(43)
Pyroxylin manufacture.
(44)
Rubber, caoutchouc or gutta-percha manufacture or treatment.
(45)
Saw or planing mill or woodworking establishment.
(46)
Shoddy manufacture or wool scouring or pulling.
(47)
Slaughtering of animals or fowl.
(48)
Salt works.
(49)
Sauerkraut manufacture.
(50)
Shoe blacking manufacture.
(51)
Smelting.
(52)
Soap manufacture.
(53)
Soda and compound manufacture.
(54)
Stove polish manufacture.
(55)
Starch, glucose or dextrine manufacture.
(56)
Stockyards.
(57)
Stone monumental works or brickyard.
(58)
Storage of gasoline, kerosene or fuel oil.
(59)
Sulphuric, nitric or hydrochloric acid manufacture.
(60)
Sugar refining.
(61)
Tanning, curing or storage of leather, raw hides or skins.
(62)
Tallow, grease or lard manufacturing or refining.
(63)
Tar distillation or manufacture.
(64)
Tar roofing or tar waterproofing manufacture.
(65)
Yeast plant.
(66)
Any use which may be noxious or offensive by reason of the emission of odor, dust, fumes, smoke, gas, vibration or noise.
B.
Adult uses.
(1)
Intent. The Board of Trustees recognizes that there are some uses which, due to their very nature, have serious objectionable characteristics. These objectionable characteristics are heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to prevent their adverse effects. The Board of Trustees further finds that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere of their operation are of great concern to the Village of Malverne. Special regulations are itemized in this subsection to accomplish the primary purposes of preventing the deleterious effects of adult uses.
(2) ADULT BOOKSTORE ADULT ENTERTAINMENT CABARET ADULT MOTEL ADULT THEATER ADULT USE MASSAGE ESTABLISHMENT PEEP SHOWS SMOKING BAR/LOUNGE
Definitions. As used in this chapter, the following terms shall be defined as follows:
An establishment having as a use 30% or more of its retail floor space and/or 30% or more of its retail sales and/or rentals, stock-in-trade books, magazines, films, slides, videotapes, and/or video discs for which use any minor is excluded from use, rental, purchasing or viewing by reason of age.
Any public or private establishment which presents topless or nude dancers, strippers, male or female impersonators, exotic dancers or other similar entertainment and which establishment is not open to the public generally or is restricted to private membership or excludes any minor by reason of age.
A motel, hotel or inn which is not open to the public generally but excludes any minor by reason of age and/or which makes available to its patrons in their rooms, films, slides, videotapes and/or video discs which, if shown in a public movie theater, would not be open to the public generally but would exclude any minor by reason of age, and where such films, slides, videotapes and/or video discs constitute 30% or more of the stock of such items, and/or 30% or more of its retail sales and/or rentals, for such motel, hotel or inn.
An establishment or theater that presents for viewing on 30% or more of its retail floor space, and/or 30% or more of its retail sales and/or rentals, motion pictures, films, videotapes, slides and/or video discs, that is not open to the public in general and excludes any minor by reason of age.
The use of any lot, property, or premises or portion thereof as an adult bookstore, adult theater, massage establishment, adult motel, or for peep shows or other adult entertainment cabaret as defined in this section.
Any establishment having a fixed place of business where massages are administrated for a fee or pay, including but not limited to massage parlors, sauna baths, and steam baths. This definition shall not be construed to include a hospital; nursing home; medical clinic; the office of a physician, surgeon or chiropractor; osteopath or duly licensed massage or physical therapist; or barber shop and beauty salon for massages which are administered only to the scalp, face, neck, shoulders, hands and/or feet. This definition shall also exclude health clubs, which have facilities for physical exercise such as tennis courts, racquetball courts or exercise rooms and which do not receive more than 10% of their revenue from the administration of massages.
An establishment or theater which presents material in the form of live shows, films, slides, videotapes and/or video discs viewed from an individual enclosure which is not open to the public generally and excludes any minor by reason of age.
An establishment, facility, shop, office, parlor, business or other nonresidential premises, the primary or ancillary use of which includes or is intended to include the smoking of tobacco, vegetable, herbal or other organic substances on the premises. Such prohibition shall include smoking of substances through one or more pipes (also commonly referred to as a "hookah," "water pipe," "shisha," "narghile" or "bong") or any other similar equipment or device; any establishment, facility, shop, office, parlor or other business whose primary purpose is the sale and distribution of vaping products.
[Added 1-21-2016 by L.L. No. 1-2016; amended 10-18-2018 by L.L. No. 4-2018]
(3)
Restrictions. Adult uses shall be prohibited unless a special use permit has been granted by the Board of Trustees after a public hearing and subject to the requirements of this subsection. Adult uses as defined in this section shall be restricted as to location in the following manner, in addition to any other requirements in this chapter: no adult uses shall be located within: (a) a one-hundred-fifty-foot radius of any area zoned residential; or (b) a one-thousand-foot radius of any other adult use; or (c) a five-hundred-foot radius of any school, park, playground, playing field, church, synagogue or other place of religious worship. No more than one adult use per lot shall be permitted.
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.