Mill Neck City Zoning Code
ARTICLE I
General Provisions
§ 129-1 Title.
This chapter shall be known and may be cited as the "Zoning Ordinance and Building Construction Code of the Incorporated Village of Mill Neck, New York."
§ 129-2 Legislative intent.
A.
These regulations have been made in accordance with a comprehensive plan for the improvement of the Village and its future growth, protection and development and with reasonable consideration, among other things, 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 throughout the Village. The regulations are designed to lessen congestion in the streets; to secure safety from fire, flood, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.
B.
For the aforesaid purposes, the following districts are hereby established and the following regulations governing the height, number of stories and sizes of buildings and other structures, their construction, reconstruction, alteration or repair, the percentage of lot that may be occupied, the sizes of yards, courts and other open spaces, the density of population and the location and use of buildings, structures and land for residence and other purposes are hereby approved and shall hereafter apply in the Village of Mill Neck.
§ 129-3 Districts and Zoning Map.
A.
For the purposes of this chapter, the Village of Mill Neck is divided into three districts:
Residence R1 Districts |
Residence R2 Districts |
Estate E1 Districts |
B.
The boundaries of these districts are hereby established as shown on the map entitled "Official and Zoning Map, Incorporated Village of Mill Neck, Nassau County, New York," dated January 11, 2000, which map accompanies and is hereby declared to be a part of this chapter.[1]
[Amended 10-6-1992 by L.L. No. 8-1992; 4-13-2000 by L.L. No. 1-2000]
[1]
Editor's Note: A copy of the Zoning Map is included in a pocket at the end of this volume; consult the Official Zoning Map, on file and available for inspection in the office of the Village Clerk, for possible amendments.
§ 129-4 Applicability.
From and after the effective date of this chapter, every building or portion of a building erected or altered and every use within a building or accessory building or upon the land in any district shall be in conformity with these regulations.
§ 129-5 Existing structures and uses.
From and after the effective date of this chapter, any existing building or structure or any existing use of a building or structure or of land not in conformity with the regulations herein prescribed but permitted prior to the enactment of this chapter shall be regarded as nonconforming, but may continue, subject to the regulations herein provided in respect to such buildings, structures or uses.
§ 129-6 Usage; definitions.
A.
Words in the present tense include the future; words in the singular include the plural number and words in the plural number include the singular; the word "lot" includes the words "plot" and "parcel"; the word "shall" is mandatory and not directive; the word "person" includes a corporation as well as an individual; and the words "used" and "occupied" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied or offered for occupancy."
B. ACCESSORY BUILDING ACCESSORY DWELLING ACCESSORY USE ADEQUATE COVERAGE ALTERED or ALTERATION BASEMENT BUILDING BUILDING CONSTRUCTION BUILDING INSPECTOR BUILDING COVER BUILDING LINE CELLAR CODE ENFORCEMENT OFFICER CONDITIONAL USE COURT COURT, INNER COURT, OUTER DISTRIBUTED ANTENNA SYSTEM OR DAS DWELLING DWELLING, SINGLE-FAMILY DWELLING UNIT ENERGY CODE FAMILY FAMILY SWIMMING POOL FARMING FRONT LOT LINE GARAGE, PRIVATE HABITABLE ROOM HEIGHT HOME OCCUPATION LOT LOT AREA LOT, CORNER LOT DEPTH LOT, THROUGH LOT WIDTH MAIN BUILDING MONOPOLE NIER NODE PARKING AREA PERMIT, BUILDING PERMIT HOLDER PERMIT, SPECIAL PERMIT, ZONING PERSON PLANNING BOARD REPEATER RESERVATION SECONDARY WIRELESS TELECOMMUNICATION SERVICES FACILITY SHORELINE SIGN SIGN, ADVERTISING SIGN, BUSINESS STABLE, PRIVATE STEALTH or STEALTH TECHNOLOGY STEEP SLOPE LAND STOP-WORK ORDER STORY STREET STRUCTURE SUBDIVISION PLAT UNIFORM CODE UPLAND USE USE, CONDITIONAL VILLAGE WATERFRONT PROPERTY WIRELESS TELECOMMUNICATION SERVICES WIRELESS TELECOMMUNICATION SERVICES FACILITY(1) (2) YARD YARD, FRONT YARD, REAR YARD, SIDE
For the purpose of these regulations, the following terms and words shall have the meanings herein defined. Words not herein defined shall carry their customary meanings.
A private garage or other outbuilding or structure subordinate to and located on the same lot with a main building or a principal use and which is designed, intended or used as an accessory use.
A single-family dwelling for the sole use of persons regularly employed on the premises by the family occupying the main dwelling and/or for temporary use by guests of the occupants of the premises, which "accessory dwelling" is not rented or otherwise used as a separate main dwelling.
Use of a building, structure, lot or plot or portions thereof, which use is customarily incidental and subordinate to the principal use on a lot or plot or to the principal use of the main building on the lot. (See "use" and "use, conditional.")
Coverage for a personal wireless service facility is considered to be adequate within that area when the transmitted signal is capable of being sent or received. It is acceptable for there to be holes within the intended coverage area.
[Added 9-10-2013 by L.L. No. 4-2013]
Any change, addition or modifications in construction, structural parts or arrangement of a building or structure or any change in use from that of one district classification to another or removal of a building or structure from one location to another.
A story where the floor is below natural grade, but not more than two feet below natural grade at any point, and the ceiling not less than four feet six inches above natural grade at any point. (See "cellar.")
A combination of materials to form a safe and stable construction which is adapted to permanent or continuous occupancy for residence, public, institutional or storage purposes. The term "building" shall be construed as if followed by the words "or parts thereof."
The construction of buildings or structures.
[Added 10-6-1992 by L.L. No. 8-1992]
The Building Inspector appointed pursuant to § 129-112 of the Village Code.
[Added 4-3-2007 by L.L. No. 1-2007]
The aggregate of the entire horizontal cross-section area of the main building and accessory buildings on a lot.
The line, established by this chapter or other applicable ordinances, beyond which line a building shall not extend, except as may specifically be provided by these regulations.
That portion of a building where the ceiling is below natural grade at any point or less than four feet six inches above natural grade at any point. (See "basement.")
The Code Enforcement Officer appointed pursuant to § 129-112 of the Village Code.
[Added 4-3-2007 by L.L. No. 1-2007]
See "use, conditional."
An open unoccupied space, other than a yard, on the same lot with a main building, other than a dwelling, or on the same parcel with a group of buildings, bounded on two or more sides by the walls of such building and any other building or buildings and every part of which is substantially unobstructed to the sky.
Any court other than an outer court. The depth of an "inner court" is its greatest horizontal dimension between opposite walls measured at right angles to its longest side. The width of an "inner court" is its least horizontal dimension measured parallel to its longest side.
A court which opens for its full width into a yard or to a street. The depth of an "outer court" is the greatest horizontal dimension measured at right angles from the yard or street upon which such court opens to the face of the opposite building or wall. The width of an "outer court" is its least horizontal dimension measured at right angles to its depth.
A network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure.
[Added 9-10-2013 by L.L. No. 4-2013]
Any building or portion thereof which is designed or used exclusively for residential purposes and permitted accessory uses.
A one-family detached house consisting of or intended to contain only one dwelling unit and having no party wall or walls in common with an adjacent house or building.
The dwelling accommodation occupied or intended to be occupied as a residence by one family only. (See "family.")
The State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
[Added 4-3-2007 by L.L. No. 1-2007]
One or more persons, related by blood or marriage, living and cooking together privately as a single housekeeping unit. A "family" shall be deemed to include household servants, but in no case shall a lodging, boarding house or college dormitory be classified as a single housekeeping unit.
A pool on the lot with and accessory to a dwelling, which pool is used solely by the owner or lessee thereof and his family and by friends invited to use such pool without payment of any fee. The term shall include all structures, appurtenances, equipment and other facilities appurtenant to the operation of such pool.
A noncommercial accessory use, including cultivation of the soil, production of crops and raising livestock, principally for the owner or tenant of the premises.
The property line separating the lot from the abutting street.
[Amended 10-6-1992 by L.L. No. 8-1992]
An accessory building or portion of a building used to accommodate one or more motor vehicles or conveyances owned and used by the owner or tenant of the premises, in which garage no business, service or occupation is conducted or rendered for profit.
An undivided and enclosed space a within a dwelling, which space is designed or used for living, sleeping or kitchen facilities. The term excludes attics, bathrooms, cellars, corridors, hallways, laundries, serving pantries, storage rooms or similar places.
The height of a building or structure measured from the natural grade at the center of the facade of the building or unit of building or structure to the highest point of the roof surface of a flat roof or of a mansard roof and to the mean level of the slope of the roof for gabled, hip and gambrel roofs.
An occupation customarily carried on in a dwelling by a resident thereof as an incidental accessory use clearly secondary to the use of the dwelling for residential purposes. The term "home occupation" shall not include a business or such occupations as the operation of a beauty parlor, barbershop, convalescent or nursing home, insurance or real estate agency, tourist home, kennel or stable, massage or similar establishments offering services to the general public.
A parcel of land occupied by a principal use or used or designed for occupancy by one main building and accessory building and including the open spaces required by this chapter, which parcel of land has its principal frontage on a public street or on a private street of record at the time of the effective date of this chapter or on a private street that has been duly placed on the Official Map of the Village.
The total horizontal area included within lot lines, excluding any part of an access road which is not a driveway for a single use in connection with the lot. No part of a lot having a width of less than half of the minimum required width for the district may be counted as part of the required lot area.
[Amended 11-6-2007 by L.L. No. 2-2007]
A lot fronting on two streets at their intersection. The owner, when first applying for a building permit, shall designate which of the two streets is to be the principal frontage for the purpose of establishing the front, rear and side yard requirements of the lot.
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
A lot having frontage on two parallel or approximately parallel streets and extending from street to street. The front yard regulations shall apply on each street.
The horizontal distance between the side lot lines.
The building designed for, occupied by or intended to accommodate the principal use or uses permitted on the property in the district in which such building or use is located. (See "building" and "use.")
A freestanding pole having a single point of location on the ground comprising a part of a wireless telecommunication services facility. For purposes of this chapter, the term "monopole" shall include, in addition to the pole, all other components of the wireless telecommunication services facility.
[Added 9-10-2013 by L.L. No. 4-2013]
Nonionizing electromagnetic radiation.
[Added 9-10-2013 by L.L. No. 4-2013]
A low wireless telecommunication facility, containing electrical and telecommunications equipment and antenna(s), which is part of a distributed antenna system.
[Added 9-10-2013 by L.L. No. 4-2013]
An open, off-street land area, including parking spaces and access and egress drives or aisles, used or prescribed by this chapter for the temporary parking of automotive vehicles and in which area no gasoline or automobile accessories are sold and no business is conducted.
The permit prescribed by Article XV of this chapter approving the proposed arrangement, use of materials, assemblies, construction and equipment for a building or structure, hereafter altered or erected, which conforms to approved standards for the safety, health and welfare of the occupants and users of buildings and their accessory structures.
[Amended 10-6-1992 by L.L. No. 8-1992]
The person to whom a building permit has been issued.
[Added 4-3-2007 by L.L. No. 1-2007]
The permit prescribed by §§ 129-101 through 129-105 approving the proposed uses listed in § 129-7D, the clearing of wooded areas, the excavation or grading of land or the removal of natural ground cover, soil or mineral deposits or the plowing of newly cleared or uncultivated land.
[Amended 10-6-1992 by L.L. No. 8-1992]
An individual, corporation, limited-liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
[Added 4-3-2007 by L.L. No. 1-2007]
The Planning Board of the Incorporated Village of Mill Neck, New York.
A small, supplementary and accessory bidirectional amplifier facility designed and limited in height and transmission power to provide service only where there is a failure of coverage and to minimize visual impacts and the need for primary base stations.
[Added 9-10-2013 by L.L. No. 4-2013]
A reservation of land, publicly or privately owned, which is dedicated to the enhancement, preservation and protection of the natural environment, including native trees, ground cover, soil, groundwater, waterfronts, tidal areas, watercourses, lakes, ponds and natural fauna, and accessory structures incidental and appurtenant thereto.
A small wireless telecommunication services facility that is intended, designed and limited in its implementation to provide service only in and for an area where there is a failure of coverage. Such facility shall be limited in height and transmission power to the minimum necessary to achieve adequate coverage in the area where there is a failure of coverage.
[Added 9-10-2013 by L.L. No. 4-2013]
The line of mean high water of Mill Neck Creek or Oyster Bay Harbor or the shoreline of Beaver Lake, Lower Francis Pond, Upper Francis Pond, Kentuck Pond and all other ponds within the Village.
Includes the word "billboard"; any advertising structure, sign, picture, word or device for the announcement or advertisement thereon or thereby of any commodity, service or thing.
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises.
A sign which directs attention to a business or profession conducted upon the premises. A "for sale" or "to rent" sign relating to the property on which it is displayed shall be deemed a "business sign."
An accessory building used for the private and noncommercial housing of one or more horses, owned and used by the owner or tenant of the building to which the stable is accessory.
Means to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of a wireless telecommunication services facility, which shall mean using the least visually and physically intrusive facility that is possible under the facts and circumstances.
[Added 9-10-2013 by L.L. No. 4-2013]
Land that has a ratio of vertical distance to horizontal distance of greater than 15% based on two-foot contour intervals and measures at least 25 feet in all directions horizontally.
[Added 4-6-2010 by L.L. No. 1-2010]
An order issued pursuant to § 129-118 of the Village Code.
[Added 4-3-2007 by L.L. No. 1-2007]
The space between the surface of any floor and the surface of the floor or roof next above, except that the topmost story shall be that portion of a building included between the surface of the topmost floor and the ceiling or roof next above. A cellar, as defined herein, shall not be considered as a "story." A "half-story" is that portion of a building between the surface of a floor and the roof construction above, where the space thus enclosed has an average clear height of not more than five feet.
A street shown on the Official and Zoning Map[1] or on a subdivision plat approved by the Planning Board. A "street line" is the dividing line between the street right-of-way and abutting property.
[Amended 10-6-1992 by L.L. No. 8-1992]
A combination of materials forming any construction, including, among other things, a building, greenhouse, stadium, platform, paved terrace or patio, tennis court, swimming pool, shed, shelter, aboveground tank, stationary nonportable machinery, air conditioner compressor, swimming pool filter, gate, gatepost, pillar, wall, fence and sign. The term "structure" shall be construed as if followed by the words "or part thereof." For purposes of the setback restrictions of this chapter, any gate, gatepost, pillar, wall or fence shall not be considered a structure if six feet, six inches in height or less.
[Amended 10-6-1992 by L.L. No. 8-1992; 9-11-2002 by L.L. No. 2-2002]
The final map showing the subdivider's plan for the division of any parcel of land into two or more lots, plots, sites or other divisions of land for immediate or future sale or for building development, which plat, after approval by the Village Planning Board, will be submitted to the County Clerk for recording, pursuant to Article 7 of the Village Law.
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
[Added 4-3-2007 by L.L. No. 1-2007]
Any lot, parcel or portion thereof situated above the shoreline. (See "shoreline.")
The purpose for which land or a building is arranged, designed or intended or for which it either is or may be occupied or maintained, including the natural condition of land, tidewater, marsh, lake or watercourse.
The Incorporated Village of Mill Neck, Nassau County, New York.
Any lot or parcel of land bordering on or lying partially under Mill Neck Creek, Oyster Bay Harbor, Beaver Lake, Lower Francis Pond, Upper Francis Pond, Kentuck Pond and other ponds within the Village.
Any equipment used in connection with the commercial operation of wireless telecommunication services, as defined herein, and as the term "personal wireless services facilities" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended, to transmit and/or receive frequencies, including but not limited to antennas, monopoles, equipment, appurtenances and structures.
[Added 9-10-2013 by L.L. No. 4-2013]
Any equipment used in connection with the commercial operation of wireless telecommunication services, as defined herein, and as the term "personal wireless services facilities" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended, to transmit and/or receive frequencies, including but not limited to antennas, monopoles, equipment, appurtenances and structures classified as follows:
[Added 9-10-2013 by L.L. No. 4-2013]
HIGH WIRELESS TELECOMMUNICATION SERVICES FACILITYA facility involving a structure and its equipment of 45 feet or more in height, excluding any permitted omni ("whip")-style antenna having a maximum diameter of three inches and a length of 72 inches.
LOW WIRELESS TELECOMMUNICATION SERVICES FACILITYA facility involving a structure and its equipment of less than 45 feet in height, excluding any permitted omni ("whip")-style antenna which shall not exceed more than three inches in diameter and a length exceeding 72 inches.
An open space, other than a court, which open space is unoccupied and substantially unobstructed from the ground to the sky along the entire length of a lot line and from the lot line for a depth or width prescribed in the applicable district yard regulations.
[Amended 2-2-1962]
The yard extending across the full width of the lot and lying between the front lot line and the front building line.
[Amended 2-2-1962]
The yard between the rear building line and the rear lot line and extending from side lot line to side lot line. On a corner lot the "rear yard" shall extend from the interior side lot line to the exterior side yard on the street side.
[Amended 2-2-1962]
A yard between the side building line and the adjacent side line of the lot and extending through from the front yard to the rear yard or, in the absence of either of such yards, extending to the front and rear lot line, as the case may be. On a corner lot the exterior "side yard" shall extend from the front yard to the rear lot line.
[Amended 2-2-1962]
[1]
Editor's Note: A copy of the Zoning Map is included in a pocket at the end of this volume; consult the Official Zoning Map, on file and available for inspection in the office of the Village Clerk, for possible amendments.