Mineola City Zoning Code
ARTICLE I
General Provisions
§ 550-1 Title.
This chapter shall be known and may be cited as the "Zoning Law of the Village of Mineola, New York."
§ 550-2 Purpose.
There is hereby established a Comprehensive Zoning Plan for the Incorporated Village of Mineola, which plan is set forth in the text, maps and schedule that constitute this chapter. Said 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:
A.
Protecting the character of the Village, as found in the desirability of 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.
B.
Providing a guiding pattern of land use and population density that:
(1)
Represents the most appropriate use of land throughout the Village.
(2)
Is a normal and beneficial evolution of the comprehensive planning that has guided the development of the Village from its beginnings.
(3)
Recognizes sound trends in building development and land area design.
(4)
Takes account of trends of development in the larger community of Nassau County of which the Village is a part.
C.
Aiding in bringing about 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 in the Village and the provision of safe and convenient traffic access appropriate to the various uses of land and buildings throughout the Village.
D.
Aiding in 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.
§ 550-3 Word usage; definitions.
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 number includes the plural and vice versa; the word "lot" includes "plot"; the word "building" includes the word "structure"; "structure" shall be construed as though followed by the words "or part thereof"; and the word "shall" is always mandatory.[1]
B. ACCESSORY BUILDING ACCESSORY USE AMUSEMENT DEVICE APARTMENT HOUSE ASSISTED LIVING RESIDENCE BASEMENT BOARDER, ROOMER or LODGER BUILDING AREA BUILDING HEIGHT CELLAR COMMERCIAL VEHICLE CURB LEVEL DECORATIVE OVERHEAD ENCROACHMENT DEPTH OF LOT ELECTRONIC CIGARETTE EVENT/CONFERENCE SPACE FACADE FAMILY(1) (2) (3) (a) (b) (c) (d) (e) (f) (g) (h) (i) (4) FENCE FLOOR AREA FRONT YARD GARDEN-TYPE APARTMENT HALF STORY HOOKAH BAR HOTEL LEGAL NONCONFORMING USE LOT LOT LINE MARIJUANA MARIJUANA DERIVATIVES MARIJUANA PRODUCT MULTIPLE DWELLING NONCONFORMING BUILDING OR USE PRIVATE GARAGE PROPERTY LINE REAR YARD REAR YARD DEPTH SIDE YARD SINGLE-FAMILY DETACHED HOUSE STORY STREET WALL STRUCTURE TERRACE TWO-FAMILY DETACHED HOUSE USABLE FLOOR SPACE
Terms defined. As used in this chapter, unless the context or subject matter otherwise requires, the following words shall have the following meanings:
A building subordinate to the main building and used for purposes customarily incidental to those of the main building.
Any use of a premises which is subordinate and customarily incidental to the main use of the premises.
A coin-operated device primarily for the entertainment of the customers, the use of which results in electronic displays and/or operation or the production of musical entertainment.
A building arranged, intended or designed to be occupied by three or more families living independently of each other.
A facility which is licensed by the State of New York as an assisted living residence and defined accordingly.
[Added 12-7-2022 by L.L. No. 1-2022]
A story partly underground but having at least 1/2 of its cubical contents above the level of the adjoining ground.
A person occupying any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation for lodging or board and lodging by prearrangement for a week or more at a time to an owner or operator. Any person occupying such room or rooms and paying such compensation without prearrangement shall be considered a boarder, roomer or lodger.[2]
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
The vertical distance measured, in the case of flat roofs, from the curb level to the level of the highest point of the roof beams, and, in the case of pitched roofs, from the curb level to the highest point of the gable. Where no roof beams exist or there are structures wholly or partly above the roof, the height shall be measured from the curb level to the highest point of the building. In case no curb elevation has been established, the height of a building shall be measured from the mean natural level of the ground immediately adjacent to the base of the building.
That portion of a building with half or more of its floor-to-ceiling height below the average level of the adjoining ground. A cellar shall not be used or occupied as living or sleeping quarters.
Includes but shall not be limited to any vehicle other than a personal passenger vehicle or a motorcycle which is primarily designed, constructed, used or maintained for the transportation of goods, merchandise or other property or for the livery or transport of passengers for hire or compensation, whether on a profit or nonprofit basis, or for the livery or transport of children to or from school or camp or as the power unit for the hauling of freight or cargo by trailer or semitrailer or any combination of trailers and semitrailers or any type of nonmotorized trailer unit. "Commercial vehicle" shall also include but not be limited to buses, ambulettes, delivery vans, taxis and limousines.
[Added 2-7-2001 by L.L. No. 1-2001; amended 12-12-2012 by L.L. No. 1-2012]
The elevation of the curb at a point opposite the center of the proposed building front, provided said curb elevation has been established by the properly authorized authorities.
A nonstructural protrusion from any building which extends over a setback or property line.
The mean distance from the street line of a lot to the rear line, measured in the general direction of the sidelines of a lot.
A battery- or otherwise electronically operated device, commonly sold at establishments known commonly as "vape shops," which contains or utilizes one or more cartridges or other containers filled with a combination of nicotine and liquid or other substance(s) and liquid, or oil, that is turned into vapor and inhaled by the user.
[Added 6-1-2016 by L.L. No. 4-2016]
A facility capable of hosting conferences, concerts and other similar special events and gatherings.
[Added 12-7-2022 by L.L. No. 1-2022]
The front or chief face of a building.
[Amended 8-14-1996 by L.L. No. 11-1996; 1-7-2004 by L.L. No. 1-2004]
One or more persons, whether or not related to each other by blood, marriage or adoption, all living together as a single, stable and bona fide housekeeping unit, so long as such persons together occupy and own, lease or rent the whole of a separate 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. Under this Subsection (1), there shall be a presumption that four or more unrelated persons living together in a single dwelling do not constitute the factual equivalent of a natural family. Any four or more unrelated persons living together in a single dwelling may, at their option, apply to the Board of Trustees to establish that they are in fact the equivalent of a natural family. The establishment of the following facts, among others, may be utilized to rebut this presumption: the four or more unrelated individuals use all rooms and housekeeping facilities within the dwelling in common; the four or more unrelated individuals cook together as a single housekeeping unit; and the four or more unrelated individuals share expenses for food, rent, utilities or other household expenses.
Any such number of persons shall not be deemed to constitute a family if any one of such persons may not have lawful access to all parts of the separate building or dwelling unit or if any one or more of such persons lease or rent any separate portion of such separate building or dwelling unit from any other person.
It shall be presumed that a separate building or dwelling unit is occupied by more than one family if any two or more of the following features may be found to exist by the Building Inspector (or other person designated by the Mayor and Board of Trustees to enforce this chapter):
More than one mailbox, mail slot or post office address;
More than one doorbell or doorway on the same side of the separate building or dwelling unit;
More than one electric meter;
More than one gas meter;
More than one connecting line for cable TV;
Separate entrances for segregated portions of the separate building or dwelling unit;
Partitions or locked doors barring access between segregated portions of the separate building or dwelling unit, including bedrooms;
Separate written or oral leases or rental agreements for the payment of rent for portions of the separate building or dwelling unit among its owner or residents; or
Two or more kitchens, each of which contain a range or oven, refrigerator and sink, unless it is otherwise proven by evidence presented to the Building Inspector (or other person designated by the Mayor and Board of Trustees to enforce this chapter) by the owner or resident of the separate building or dwelling unit that it is occupied by one family (all as defined in this section).
The presumption provided for in this definition shall be rebuttable. Such presumption shall not preclude the Building Inspector (or any other person designated by the Mayor and Board of Trustees to enforce this chapter) from making a determination that the separate building or dwelling unit is not occupied by one family based on other facts, whether or not listed in this definition.
Any barrier composed of wood, metal, stone, brick or other material which encloses a lot, tract, or parcel of land, either in whole or in part, which barrier shall be in excess of five inches in height above grade.
The sum of gross horizontal areas of the several floors of the building or buildings or a lot measured from the exterior walls or from the center line of party walls separating two buildings, excluding:
Any open, unoccupied space on the same lot and extending from the street wall of the building to the street line of the lot for the full width of the lot.
A group of multifamily dwellings on a single plot where no building or group of buildings covers more than 25% of the usable land area of said plot.
A story under a pitched roof at the top of a building, the floor of which is not more than two feet below the plate.
Any facility or location whose business operation, whether as its primary use or as an ancillary use, includes the smoking of tobacco or other substances through one or more hookah pipes (also commonly referred to as a "hookah," "waterpipe," "shisha" or "narghile"), including, but not limited to, establishments known variously as "hookah bars," "hookah lounges" or "hookah cafes."
[Added 12-9-2015 by L.L. No. 5-2015]
A facility offering transient lodging accommodations to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services and recreational facilities.
[Added 12-7-2022 by L.L. No. 1-2022]
Any nonconforming use which, at the time such use was commenced, was maintainable as a matter of right under the statutes, ordinances and laws then in effect in the Village of Mineola.
Any parcel of ground under one ownership which is occupied or is intended to be occupied by one building and its accessory buildings or uses and including such open spaces as are required.
Any boundary of a lot.
The term "marijuana" shall have the same definition ascribed to "marihuana" in § 3302 of the New York Public Health Law.
[Added 1-16-2019 by L.L. No. 1-2019]
Substances derived from marijuana including, but not limited to, cannabidiol or CBD oil, which come from the cannabis plant.
[Added 6-1-2016 by L.L. No. 4-2016]
Marijuana and/or any material, substance or other thing derived (in any manner) from marijuana or which contains marijuana as a component part in any amount or concentration.
[Added 1-16-2019 by L.L. No. 1-2019]
A building, not a single-family dwelling or a two-family dwelling, designed for and occupied exclusively for dwelling purposes.
Any building or structure or the use of any land or building which does not conform to the provisions of this chapter for the zoning district in which it is maintained.
A garage, group of garages or garage facilities accessory to a residential building on the same lot and used for the storage of automobiles.
The dividing line between a public or private street and a lot or between lots.[3]
An unoccupied space, except for the accessory buildings on the same lot, and extending from the rear line of the building to the rear line of the lot for the full width of the lot.
The mean distance between the rear line of the building and the rear line of the lot.
An open, unoccupied space on the same lot between the building and the side lot line and extending from the front building line to the rear lot line.
A building occupied by one family and surrounded on all sides above the ground by space.
That part of any building comprised between any floor and the floor or roof next above.
The wall of the building or part of a building which is enclosed and nearest to the street line.
Any combination of materials forming any construction, including but not limited to stadiums, tents, trailers, reviewing stands, platforms, stagings, observation towers, radio towers, television towers, gasoline pumps, standpipes, tanks of any kind, outdoor bins, pools, walls, fences, gates, gateposts and display signs.
An open porch or patio without a permanent roof.
A building occupied by only two families, with one family over the other or side by side, and surrounded on all sides above the ground by space.
Must have at least four feet of clear vertical space above.
§ 550-4 Establishment of districts; Zoning Map; district boundaries.
A.
Districts. For the purposes of this chapter, the Village of Mineola, Nassau County, is hereby divided into 13 classes of districts, namely:
[Amended 12-7-2022 by L.L. No. 2-2022]
R-1 District (One-Family Residential) | |
R-2 District (One-Family Residential) | |
R-3 District (Two-Family Residential) | |
R-4 District (Garden-Type Apartments, Residential) | |
R-5 District (Apartment Residential) | |
B-1 District (Business) | |
B-2 District (Special Business) | |
B-3 District (Special Office Use) | |
H District (Hospital) | |
M District (Light Manufacturing and Industrial) | |
Downtown Overlay District | |
Jericho Turnpike Overlay District | |
Historic Overlay District |
B.
Zoning Map. The above districts are hereby established with designations, locations and boundaries thereto indicated on the map entitled "Zoning Map of the Incorporated Village of Mineola," which map is hereby adopted as a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the Village offices.
C.
District boundaries. In construing the Zoning Map, the following rules shall apply:
(1)
Where district boundaries are indicated as approximately following the boundary lines of the Village or of streets, railroads, parks or parking fields therein, such lines shall be construed to be such boundaries.
(2)
Where district boundaries are indicated as approximately following lot lines on a filed map and are not more than 10 feet distant therefrom, such lot lines shall be construed to be such boundaries.
(3)
In unsubdivided land or where a district boundary divides a lot in single ownership, the location of such boundary, unless the same is indicated by dimensions shown on the Zoning Map, shall be determined by use of the scale appearing on said map.
§ 550-5 General regulations.
A.
Uses. No building or structure shall hereafter be erected, and no existing building or structure shall be altered or enlarged, nor shall any land, building or structure be used, for any purpose other than one which is included among the uses listed in § 550-6 as permitted in the district in which such building, structure or land is located, nor in any manner contrary to any of the requirements specified in § 550-6 hereof. All uses must be housed within the principal business premises. Therefore, it shall be unlawful to conduct and carry on any business, whether it be the principal business for which the premises is zoned or incidental thereto, upon the exterior business premises, unless otherwise specifically permitted under this chapter.
[Amended 6-21-2000 by L.L. No. 31-2000]
B.
Height. No building or structure shall hereafter be erected, reconstructed or altered to exceed the height limit designated in the Schedule of Regulations contained in § 550-6 for the district in which such building is located.
C.
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 the yard, lot width and area regulations designated in the annexed 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.
D.
Off-street parking and loading. Off-street parking space and off-street loading space shall be provided as specified in the annexed Schedule of Regulations and in Article VI, 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.
E.
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.
F.
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.
G.
Prior construction. Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building or structure, a substantial portion of the construction of which was lawfully completed at the date this chapter or any amendment thereof affecting the same takes effect and which construction is completed within one year after such date.
H.
Prohibited uses. Any use which is not specifically permitted under this chapter shall be a prohibited use.[1]
[1]
Editor's Note: Former Subsection I, Development incentive bonuses, added 3-28-2007 by L.L. No. 2-2007, as amended 9-15-2010 by L.L. No. 3-2010, 11-4-2015 by L.L. No. 4-2015, and 12-16-2015 by L.L. No. 10-2015, was renumbered and recreated 12-7-2022 by L.L. No. 3-2022. See now § 550-15.1, Downtown Overlay District.
§ 550-6 Schedule of Regulations.
[Amended 12-12-2012 by L.L. No. 1-2012]
The schedule entitled "Schedule of Regulations" and designated as a part of this section is hereby adopted and declared to be a part of this chapter and may be amended in the same manner as any other part of this chapter. The regulations listed in said schedule for each district are hereby adopted and prescribed for such district, subject to the provisions of Articles VI through IX, and, unless otherwise indicated, said regulations shall be deemed to be the minimum requirements in every instance of their application. The use, off-street parking and applicable site plan regulations are set forth hereinbelow.[1]
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.