Matinecock City Zoning Code
ARTICLE IV
Uses Subject to Additional Standards
§ 195-15 Uses deemed permitted uses; general requirements.
General provision. The uses for which conformance to additional standards is required by this chapter shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein in addition to all other requirements of this chapter. All uses listed as subject to additional standards are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case, and they shall conform to the following general requirements as well as the pertinent specific requirements.
General requirements for uses under this article.
The location and size of the use, the nature and intensity of the operation involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate and orderly development of the neighborhood in which it is proposed to be located and shall accord with and promote the purposes set forth in § 7-704 of the Village Law.
The operation in connection with any such use shall not be more objectionable to nearby properties, by reason of noise, vibration, excessive light, smoke, gas, fumes, odor or other atmospheric pollutant, than would be the operations of any other permitted use in the same zoning district.
The entrance and exit drives shall be laid out so that there is maximum safety for vehicular traffic and pedestrians.
Buffer planting, walks and fences shall be required, where necessary, to protect adjoining residential properties. Such planting shall be specified in detail when a plan is approved.
Exterior lighting shall be so installed and arranged as to reflect light away from adjoining streets and to prevent any nuisance to property in adjoining residence districts.
§ 195-16 Building permit procedure.
Application for a building permit; required map and plan. An application for a building permit involving a use subject to additional standards shall be made to the Building Inspector. An area map, showing the location of the property with respect to surrounding property, streets and other important features, and a plan for the proposed development shall be submitted with an application for a building permit. The plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, topography, special features and any other pertinent information, including such information about neighboring properties as may be necessary to determine that the requirements of this chapter are met.
Every application made pursuant to this section to the Board of Appeals for a permit shall contain and conform to the following regulations:
The person, firm or corporation for whom or for which the use is intended shall be the owner of the fee title of the lot or premises on which the use is sought at the time application is made.
The application shall be in writing and shall be made and be verified by the fee owner of the lot or premises.
The name and address of the owner.
If a firm or corporation, the full name and residence of each member of the firm or that of the principal officer of the corporation, as the case may be.
Land and tax map description and the area of the lot or premises.
Description of existing structures and uses.
Distance from public water supply.
Statement of proposed use.
Period of time for which the permit is requested.
Accompanying said verified application, which shall be construed as constituting a part thereof, shall be submitted:
A site plan showing the location and uses of existing buildings, structures, facilities and open spaces on the lot or premises, including, but not limiting the foregoing, parking areas, sports and recreational areas, driveways, walks, means of water supply, buildings and structures on adjoining premises with 200 feet of the subject lot or premises, streets and highways and the width thereof abutting the subject lot or premises.
A site plan showing all existing buildings and facilities to be retained and all future proposed buildings, structures, facilities, open spaces and their uses on the lot or premises, including, but not limiting the foregoing, parking areas, sports and recreational areas, driveways, walks and landscaping. Dimensions and distances shall be set forth on the plan.
A statement setting forth all present and proposed future uses of the buildings, structures and facilities.
When buildings and structures are to be erected or altered, a certificate of the Building Inspector that an application has been filed for a building permit and that the plans, specifications and facilities comply with all laws, ordinances and regulations applicable to the intended use.
Where no buildings or structures are to be erected, a certificate of the Building Inspector that an application has been filed for a use permit and that the existing buildings, structures and facilities comply with all laws, ordinances and regulations applicable to the intended use.
No use of the lot or premises or buildings, structures or facilities thereon, nor the erection or alteration of any building, structure or facility other than as shown on the site plan and/or described in the statement approved by the Board of Appeals in the granting of a permit, shall be made except on application to the Board of Appeals to amend said site plan and statement, and any amendment of said site plan and statement shall be acted upon in the same manner as an original application for a permit under this section.
The Board of Appeals, in authorizing the issuance of any permit under this section, may provide that said permit shall be temporary and fix the term thereof. Any application for a renewal of a temporary permit shall be acted upon in the same manner as an original application.
Referral of application to Board of Appeals. Each application for a permit involving a use subject to additional standards and requirements, together with the required map and plan, shall be referred to the Board of Appeals by the Building Inspector. No action shall be taken by the Building Inspector regarding the issuance of the permit applied for until the Board of Appeals has rendered its decision and order made thereon after public notice and hearing.
Board of Appeals report; considerations and scope. In making its decision and order, the Board of Appeals shall be subject to and bound by all the requirements set forth in this article and shall give effect to the general standards and requirements set forth in § 195-15 hereof and to the specific standards and requirements for each such use under consideration as set forth in §§ 195-17 through 195-20. However, in the case of a parcel of land where a use subject to addition standards was in existence on said parcel on or before the enactment of the original Building Zone Ordinance, the Board of Appeals shall have the power to vary the minimum yard, height and setback requirements for structures and other facilities subject to the criteria contained in § 195-39B(3) of this chapter. Said decision and order shall state whether or not the specific and general standards and requirements have been met by the applicant or whether the minimum yard, height and setback requirements have been varied as authorized above and shall include appropriate and reasonable conditions and safeguards which the Board of Appeals itself deems necessary to impose in any case to assure continual conformance to all applicable requirements.
[Amended 10-12-1975 by L.L. No. 1-1975]
Action by Building Inspector. If the decision and order of the Board of Appeals indicate that all applicable requirements have been met or that minimum yard, height and setback requirements have been varied as permitted by Subsection C above and the Building Inspector has determined that all other applicable requirements and laws have been complied with, he shall issue the building permit for which application has been made, in accordance with § 195-15B. The Building Inspector may include such conditions and safeguards in the permit and certificate of occupancy as have been imposed by the Board of Appeals in its decision and order. If the Board of Appeals shall make a finding in its decision that any of the applicable requirements have not been met or if the Board of Appeals does not grant variances from the minimum yard, height and setback requirements permitted by Subsection C above, the Building Inspector shall consequently not issue the building permit for which the application has been made.
[Amended 10-12-1975 by L.L. No. 1-1975]
Expiration of building permits. A building permit issued for a use subject to additional standards shall be deemed to authorize only that particular use, and such permit shall be considered null and void if within one year from the date of issue all improvements required for said use are not completed, unless otherwise provided in the Building Inspector's approval of said use.
Revocation of building permits. A building permit issued for a use subject to additional standards may be revoked by the Building Inspector if it is found and determined that there has been a failure of compliance with any one of the terms, conditions, limitations and requirements imposed by said permit.
Existing violations. No permit shall be issued for a use subject to additional standards for a property where there is an existing violation of this chapter.
§ 195-17 Schools.
Private primary or grade schools as defined herein. The lot for any such school shall have an area of at least 10 acres. Such lot shall have a frontage of at least 200 feet on a suitably improved public street. No such school shall be designed, erected, altered or used for more than 300 pupils.
The lot for any parochial or private secondary, junior high or high school shall have an area of at least 15 acres, plus one acre for each 100 pupils, or major portion thereof, in excess of 250 pupils. Such lot shall have a frontage of at least 400 feet on a suitably improved public street. No private or parochial junior high or high school shall be designed, erected, altered or used for more than 500 students.
The lot for any parochial or private university, college or seminary shall have an area of at least 25 acres, plus five acres for each 100 pupils, or major portion thereof, in excess of 200 pupils. Such a lot shall have a frontage of at least 500 feet on a suitably improved public street. No private or parochial university or college shall be designed, erected, altered or used for more than 750 pupils.
All buildings shall be located at least 200 feet from street lines and at least 100 feet from all other property lines. Grandstands, gymnasiums, central heating plants and similar buildings shall be set back at least 200 feet from all property lines. The distance between buildings shall be at least twice the height of the taller building. Total coverage of the site by all buildings shall be limited to 20%. Dormitories and single-family dwellings shall be permitted as accessory buildings, provided that the minimum area of the lot shall be increased by at least 1,000 square feet for each dormitory bed and by at least the minimum lot area of the applicable zoning district for each single-family dwelling. Use of such dormitories or dwellings shall be limited exclusively to students, teachers or other members of the staff of the school or college, and a dormitory or dwelling shall not subsequently be sold or rented as a private residence or for any other legal use unless the building and any required lot surrounding it shall meet all regulations of the district in which it is located.
One off-street parking space shall be provided for each teacher or other member of any private school or university or college staff, and one additional space for each five students. For auditoriums, gymnasiums, grandstands and other gathering places, one off-street parking space shall be provided for each three seats.
A school site shall contain suitably designed and improved outdoor playground or playfield areas of the following size:
School | Minimum Playground Size (acres) | Minimum Area of Playground Per 100 Students (acres) |
|---|---|---|
Primary | 3 | |
Junior or senior high (secondary) | 5 | 1.5 |
College or university | 5 | 2 |
Such playgrounds or playfields shall be located no closer than 150 feet to any property line.
§ 195-18 Clubs.
The site shall be at least 20 acres in area for a tennis, skating or swimming club and at least 60 acres in area for a golf club, country club or riding club.
[Amended 7-18-2000 by L.L. No. 3-2000]
For country club use, at least one off-street parking space shall be provided for each 200 square feet of floor, terrace and patio space devoted to patron use. For golf club use, at least five off-street parking spaces shall be provided for each tee, plus five spaces for visitor and employee parking. Parking areas shall be permanently improved and shall be located at least 100 feet away from all property lines. Suitable screening or fencing must be provided to safeguard adjoining property from nuisances or for safety reasons.
[Amended 7-18-2000 by L.L. No. 3-2000]
There shall be no more than two permanent single-family dwellings on the club site, and each dwelling shall not be occupied by more than one family.
All buildings and structures shall be set back at least 200 feet from all property lines and shall not cover more than 10% of the site.
All athletic or recreation areas and facilities shall be located at least 150 feet from all property lines, except that a golf tee may be located no less than 100 feet from any property line.
Outdoor public address systems may not be permitted.
One sign, not exceeding four square feet in area, not flashing and not lighted by exposed tubes, bulbs or other exposed light sources, announcing the name of the club may be permitted facing each street on which it is situated.
(Reserved)
Permits shall be authorized by the Building Inspector for five-year periods.
A special permit may be granted only when the petitioner files with the Board of Appeals written consents, duly acknowledged, of the owners of at least 75% of all land which lies outside of and within 1,000 feet of each boundary line of the lot or lots of the petitioner to be used for such special permit use, excluding, however, in such one-thousand-foot computation all the land contained in public streets and all the land owned by the petitioner which is adjacent to the lot or lots intended to be used for such special permit use, and, if the petitioner shall be a prospective purchaser with a contract of purchase, all lands which lie adjacent to the lot or lots to be used for such special permit use owned by the seller; provided, however, that notwithstanding such limitation the Board of Appeals, by majority vote of all the members of the Board then in office, may grant permission for any such use even though consents are not so filed on behalf of the owners of at least 75% of the above-mentioned area.
[Amended 7-18-2000 by L.L. No. 3-2000]
§ 195-19 Churches.
Building area. All buildings, including accessory buildings, shall not cover more than 10% of the area of the lot.
Height. The height of any principal building shall not exceed 25 feet. The height of any accessory building shall not exceed 20 feet, except that an accessory building may be 25 feet in height, provided that it shall be a distance of at least 100 feet from the main building.
Yards. Each lot shall have front, side and rear yards not less than the depths and widths following:
Front yard depth: 110 feet.
Side yard width: 50 feet each for a one-story principal building and 70 feet each for a building of two or more stories. However, when a side yard abuts a street line the width shall be 110 feet.
Rear yard depth: 50 feet for a one-story principal building and 70 feet for a two-story principal building.
Parking area. Off-street parking on the lot shall be provided in a paved area equal in area to one times the area of the buildings. Such parking area may extend into the side and rear yards but shall be distant not less than 30 feet from any lot line and 20 feet from any street line.
Screen. Where a parking area abuts a property line a screen of evergreen shrubs four feet in height and 20 feet in width shall be installed and maintained along said lines.
Marginal roadway. A marginal roadway 50 feet in width in the front yard and in any side yard abutting a street shall be provided. Said marginal roadway shall extend from the road or street line into the front and side yard and shall be separated from the street by a mall 10 feet in width; no more than two openings in the mall for access shall be made on any one street; the mall shall be curbed; the pavement in the roadway shall be 30 feet in width; and a sidewalk four feet in width shall be constructed along the inner side of the marginal roadway. All work and construction hereinabove set forth shall be in accordance with Village specifications and regulations.
§ 195-20 Use for rental purposes of farm dwellings or farm dwelling units.
[Added 4-17-1979 by L.L. No. 2-1979]
Notwithstanding other provisions of this chapter to the contrary, the use for rental purposes of farm dwellings or farm dwelling units which were in existence and were used for dwelling purposes in connection with a farm or farm use prior to the effective date of this chapter may be permitted by the Zoning Board of Appeals, subject to the following conditions.
Such special permit use shall be limited to the R-5A Rural Residence District.
Sufficient land shall be committed and dedicated to the special permit use area to ensure a density no greater than one dwelling unit per five acres in the R-5A District.
In addition to the above density, a residence may be permitted for one caretaker as defined under the term "building or use, accessory," in § 195-3 hereof.
Each overall parcel not divided by a publicly owned highway devoted to such special permit use shall be at least 20 acres in size and shall meet the lot area standards established in Items 2 through 5 of § 195-14, Schedule of area, yard and other dimensional standards, for the R-5A Rural Residence District.
Structures and facilities under consideration for approval shall be limited to those which were in existence at the effective date of this chapter and which were in use for dwelling purposes at that time. Any approval for rental dwelling unit purpose shall result in a dwelling unit which complies with the State Uniform Fire Prevention and Building Code and other applicable health and safety regulations. No new external construction shall be permitted except for maintenance and safety purposes, as required by law.
Any permit issued in accordance with this section shall run with the land and shall expire five years after the issuance of the permit unless renewed after review and approval by the Zoning Board of Appeals, subject to findings by the Board of continued compliance with the terms of the original approval and this chapter and the continued compatibility with adjacent land use.
During the term of any permit issued in accordance with this section, the owner of the subject parcel shall, upon the request of the Building Inspector, and in such detail as may be requested by him, furnish an affidavit with respect to compliance with the terms of such permit and this chapter.
No parcel for which a certificate of occupancy is granted or for which a permit is granted in accordance with the standards of this section shall be subdivided or used for any other purpose unless approved by the Board of Appeals.
§ 195-20.1 Antique studio in historic dwelling.
[Added 8-31-2004 by L.L. No. 1-2004]
A retail antique studio may be permitted by the Board of Zoning Appeals on the first floor of a historic dwelling, provided there is compliance with and subject to the standards and requirements set forth in § 195-15 and § 195-16 of the Code, and the following conditions:
This section shall apply only to a dwelling within the Village which is over 100 years old and is located on a parcel which has a minimum lot area of two acres and is situated within or immediately adjacent to the Village's Business District.
The retail antique studio shall be located only on the first floor of the existing principal dwelling and shall not exceed a contiguous area greater than one-quarter of the first floor of the existing dwelling or 500 square feet, whichever is less.
The retail antique studio shall be owned and operated by the property owner who must reside in the dwelling as his principal residence. The retail antique studio's use shall be incidental to the use of such dwelling which shall be primarily occupied for residential purposes.
There shall be no display or advertising on the premises or along the road frontage in connection with this use, except for one unilluminated sign along the road frontage not exceeding four square feet in area, stating the name of the owner and the term "antique studio."
Adequate off-street parking shall be provided for every 200 square feet of area devoted to the retail antique studio, plus an additional parking space for one employee. The parking area shall be adequately located from the street and adjacent properties to minimize adverse impact on adjacent property. Suitable site screening may be required to mitigate visual and sound impacts of the parking area and use.
No use shall be made of any accessory building in connection with such retail antique studio use.
The Board of Zoning Appeals may require the submission of a site plan showing all existing buildings and facilities to be used and may impose appropriate conditions and safeguards designed to mitigate any adverse impacts that such use may have on the Village and adjacent properties.
The Board of Zoning Appeals may impose reasonable conditions, including but not limited to type of antiques to be displayed and sold, the hours of operation, number of employees, days of operation, parking configuration, exterior lighting, ingress and egress, and require the exterior of the existing dwelling to be preserved and maintained. Outdoor displays, yard sales and outdoor storage of stock or shipments shall not be permitted.
A permit issued in accordance with this section shall expire five years after issuance or immediately upon the existing dwelling being removed, destroyed or deemed uninhabitable. The Board of Zoning Appeals may renew said permit, provided that after a public hearing there is a finding by the Board of Zoning Appeals of continued compliance with the terms of this section and the original approval. The Board of Zoning Appeals may revoke said permit, after a public hearing and a finding by the Board of Zoning Appeals of noncompliance with the terms of this section or the original approval. The Board of Zoning Appeals may revoke a permit for a material breach of any condition of approval after providing written notice and a reasonable opportunity to correct the violation.
