Muttontown City Zoning Code
ARTICLE IV
Use Regulations
§ 190-10 Residence Districts A-1, E-3 and E-5.
[Amended 8-9-1976 by L.L. No. 1-1976; 6-8-1981 by L.L. No. 1-1981; 9-11-1989 by L.L. No. 2-1989; 1-20-2000 by L.L. No. 1-2000; 9-11-2000 by L.L. No. 3-2000; 10-10-2006 by L.L. No. 2-2006; 4-14-2009 by L.L. No. 3-2009]
In Residence Districts A-1, E-3 and E-5, no building or premises shall be used or maintained for any except the purposes enumerated below and for no other, and no building shall hereafter be erected, enlarged or altered if, as so erected or as a result of such enlargement or alterations, such building or any part thereof is arranged, designed or intended to be used for any except the purposes enumerated below. Such uses shall not include any uses customarily carried on as a business or any billboard or advertising sign except as hereinafter specifically permitted.
A.
Single-family detached principal building.
B.
Uses or buildings customarily incidental or accessory to the uses herein specifically permitted in said district and located on the same lot as follows:
(1)
Farming, dairying and horticulture, as well as noncommercial greenhouses and the noncommercial keeping of dogs, poultry, game, birds, bees, horses and livestock, subject to the following conditions:
(a)
With respect to farming, dairying and horticulture:
[1]
Fertilizer or manure shall not be stored within 75 feet from any boundary line and shall be stored or treated in such a manner so that it shall not create any odor or attract or harbor rodents, flies or other insects.
[2]
All buildings and structures used for farming, dairying and horticulture shall be set back at least 75 feet from each side and rear boundary line and at least 100 feet from each street line of a lot.
(b)
With respect to all of the uses described in Subsection B(1) above:
[1]
There shall be no display of produce, stock or merchandise.
[2]
Retail sales or the erection or maintenance of signs or permanent or temporary stands or display areas shall not be permitted on the lot or premises.
[3]
No trucks or other equipment and no produce supplies, goods or stores shall be kept, maintained or stored on the lot or premises for use, sale or rent off of the lot or premises so used.
(c)
Dog kennels housing five or more dogs required to be licensed shall be set back at least 250 feet from every boundary line.
(d)
Occupants of a dwelling in a residential district shall be permitted to keep horses or livestock for their personal use, provided that there is compliance with the following standards and conditions:
[1]
No such use shall be permitted on lots having less than one acre of land.
[2]
The number of horses and livestock and the number of stalls and structural facilities reasonably necessary for the shelter of the same permitted on each lot shall not exceed the following: two horses or livestock (in any aggregate combination) for the first acre of lot area plus one additional horse or livestock for each additional acre of lot area, subject to the provisions of Subsection B(1)(d)[8] below.
[3]
Any such horses or livestock shall be owned in fact as well as in name solely by the resident occupants of the lot, who shall, upon written request of the Building Inspector, produce a sworn affidavit and other reasonable evidence of said ownership.
[4]
The boarding or keeping of horses or livestock owned by persons other than those who are the resident occupants of any lot is strictly prohibited except as permitted in § 190-31B relating to the continuation of a legal preexisting stable for the commercial boarding of horses.
[5]
All grain-type feed shall be kept in rodent-proof metal containers.
[6]
Manure shall not be stored within 75 feet from any boundary line and shall be stored and treated in such a manner so that it shall not create any odor or attract or harbor any rodents, flies or other insects.
[7]
The location of stables, barns and sheds used to shelter horses and livestock shall be subject to the setback requirements for accessory buildings as set forth in § 190-7, except that any private riding ring, private paddock, corral or other roofless enclosure for horses and livestock and any unenclosed area for their unattended maintenance shall be located not less than 20 feet from any side or rear boundary line and 75 feet from any front boundary line.
[8]
No person shall keep more than five horses or livestock on any one lot irrespective of its area in any residence district unless a special permit for the same is authorized and approved by the Board of Trustees in a manner and in accordance with the standards stipulated in § 190-38 of this chapter.
(2)
The carrying on of a home occupation by a person residing in the dwelling unit in which such home occupation is carried on, provided that there is no display of goods or advertising visible from any street and provided, further, that such use shall not be deemed to include the right to engage in wholesale or retail trade or to conduct a business on or from such dwelling unit, as such terms are ordinarily understood.
(3)
Real estate activities of any owner or of his duly authorized agent in connection with his property within the Village.
(4)
The office or studio of a physician, surgeon, architect, dentist, teacher, painter or sculptor, musician, lawyer, engineer, accountant or person engaged in such other profession or occupation as the Board of Trustees in its discretion may permit by resolution after mailing of written notice to the owners of properties located within a radius of 300 feet from the dwelling unit in which such home occupation is carried on as indicated by the most recent Village tax roll, provided that:
(a)
The person engaged in the profession or occupation resides in the dwelling in which such office or studio is located;
(b)
There is no display of advertising on the premises in connection with such use, except for a professional nameplate, not over one square foot in area, existing on the effective date of this section;
(c)
Such studio or office does not occupy more space than the equivalent of 1/3 of the area of one floor of such dwelling;
(d)
Such use is merely incidental to the use of such dwelling unit primarily for residential purposes;
(e)
Any such musician's studio is equipped and used in such a manner that sounds therefrom are not unduly annoying to other persons on nearby premises or public places;
(f)
No use shall be made of more than one building in connection with such professional use; and
(g)
Such professional use shall not be deemed to include the right to engage in wholesale or retail trade, as such term is ordinarily understood.
C.
Pumping, storage, sale and distribution of water, including water towers, upon and subject to such conditions as may be imposed by the Board of Trustees after written application thereto and the issuance of a permit.
D.
Playgrounds and parks (other than municipal parks) and accessory buildings only when authorized as a special use permit by the Board of Trustees, subject to the condition that they be a part of or incidental to a permitted educational institution or that they serve the needs of the inhabitants of the immediate neighborhood (Village) and are not operated for profit and provided, further, that at least 50% in number of the governing board of such organization shall be composed of resident property owners of the Village, and provided, further, that such special use permit may be granted only subject to the conditions and provisions of § 190-11 of this chapter.
E.
Churches for public worship, religious retreat houses providing accommodation for religious instruction and other strictly religious uses only when authorized as a special use permit by the Board of Trustees, all in accordance with the discipline, rules and usages of the religious corporations which will own, support and maintain such churches, religious retreat houses and other religious uses and of the ecclesiastical governing bodies, if any, to which such corporations are subject, provided that the membership of such churches shall be at least partially composed of inhabitants of the Village or of municipalities contiguous to the Village. Such uses may, as approved by the Board of Trustees, include accessory uses on the same lot and customarily incidental and subordinate to uses of churches, retreat houses and other religious uses, including primary or secondary parochial day schools maintained by churches on the same lot. Such uses shall be subject to the following requirements and standards:
(1)
An application for a building permit 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 the 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 herein are met.
(2)
The application shall be in writing, shall be made and verified by the fee owner and shall provide the following: the name and address of the owner; the land and Tax Map description and the area of the lot in question; a description of existing structures and uses; distance from public water supply; statement of proposed use; period of time the proposed use is to be continued; and a site plan showing the location and uses of existing and proposed buildings, structures, facilities and open spaces on the lot or premises, including, without limitation, parking areas, sports and recreational areas, driveways, walks, means of water supply, buildings and structures on adjoining premises within 200 feet of the subject lot or premises, streets and highways and the width thereof abutting the subject lot or premises.
(3)
With the application there shall be submitted plans and specifications for all buildings and structures proposed to be built, altered or used which shall comply with all laws, ordinances and regulations that are applicable to the intended use.
(4)
The application shall be referred by the Building Inspector to the Board of Trustees, which, after public notice and hearing, shall render a decision or order finding that all the requirements and standards of this Subsection E are met, requiring such appropriate and reasonable conditions and safeguards as are deemed necessary and permitting the Building Inspector to issue the requested building permit upon payment to the Village of the required permit fee set forth in Article IX hereof, as well as the Village's costs and expenses reasonably paid and anticipated for the hearing and for the services of the Village Engineers in reviewing, inspecting and reporting on the suitability, execution and completion of all engineering aspects of the building and site plans, with special reference to drainage, road construction, parking area construction, screen planting and fencing.
(5)
Specified requirements and standards for churches and retreat houses shall be as follows:
(a)
Building area. All buildings, including accessory buildings, shall not cover more than 10% of the area of the lot, which shall be not less than two acres in area.
(b)
Height. The height of any principal building shall not exceed 40 feet. The height of any accessory building shall not exceed 25 feet, except that an accessory building may be 35 feet in height, provided that it shall be a distance of at least 100 feet from the main building.
(c)
Yards. Each lot shall have front, side and rear yards not less than the depths and widths following:
[1]
Front yard depth: 110 feet.
[2]
Side yard width: Each 50 feet for a one-story principal building and each 70 feet for a two- or more story building. However, when a side yard abuts a street line, the width shall be 110 feet.
[3]
Rear yard depth: 50 feet for a one-story principal building and 70 feet for a two-story principal building.
(d)
Parking area. Adequate off-street parking on the lot shall be provided in a paved area as required by the Board of Trustees. Such parking area may extend into the side and rear yards but shall be distant no less than 30 feet from any lot line and 20 feet from any street line.
(e)
Screen. Where a parking area abuts a property line, a screen of evergreens at least four feet in height and 20 feet in width or a satisfactory equivalent screening shall be installed and maintained along said lines.
(f)
Marginal roadway. A marginal roadway 50 feet in width in the front yard and in any side yard abutting a street may be required by the Board of Trustees. Such a 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, regulations and standards.
(g)
Occupancy. The total number of temporary overnight occupants permitted to occupy a religious retreat house at any one time and the accommodations for the same shall be limited to four persons per acre of land devoted to said use, except that the maximum total number of said temporary occupants shall not exceed 50 persons. The total number of permanent occupants permitted to occupy a religious retreat house at any one time and the accommodations for the same shall be limited to two persons per acre, except that the maximum total number of permanent occupants shall not exceed 10 persons. A temporary overnight occupant is a person who is devoted to bona fide religious and spiritual contemplation and who occupies or is a resident of a religious retreat house for a continuous period not exceeding 72 hours per week.
(h)
Primary or secondary parochial day schools. The lot for any such school shall have an area of at least 15 acres. No such school shall be designed, erected, altered or used for more than 150 pupils.
(6)
General requirements and standards for churches and retreat houses for religious instruction shall be as follows:
(a)
The location and size of the buildings and structures, the nature and intensity of the religious uses involved or conducted, the size of the site in relation thereto and the location of the site with respect to streets giving access thereto shall be such that the same will be in harmony with the appropriate and orderly development of the neighborhood and shall accord with and promote the purposes set forth in § 7-704 of the Village Law. The quantity of acreage devoted to the principal and accessory uses of churches shall be limited to their reasonable needs as determined by the standards of this subsection.
(b)
The operation in connection with any such uses shall not be more objectionable to nearby properties than would be the operation of any other permitted use in the same zoning district.
(c)
The entrance and exit drives shall be laid out so that there is maximum safety for vehicular traffic and pedestrians and, to the extent that they are outside the lot, shall be constructed to conform to the specifications and standards of the Village.
(d)
Buffer planting, walls and fences shall be required, where necessary, to protect adjoining residential properties. Such planting shall be specified in detail when a plan is approved.
(e)
Exterior lighting shall be so installed and arranged as to reflect light away from adjoining streets and to prevent any nuisance on property in adjoining residence districts.
(f)
Drainage installations and facilities shall be provided and constructed in accordance with the reasonable requirements of the Village Engineers so as to meet all the specifications and standards of the Village as well as all applicable specifications and standards of the Town of Oyster Bay, the County of Nassau and the State of New York.
(g)
As a condition to permitting the issuance of a building permit, the Board of Trustees may require the posting of a bond, cash or other surety in such form as shall be approved by the Village Attorney and in an amount sufficient for one or more of the following purposes: to insure the performance and completion of entrance and exit drives outside the lot, drainage facilities, drainage installations, screen and buffer planting, walls, fences, marginal roadways and parking areas, all as herein required to recompense the Village for the services of the Village Engineers in reviewing, inspecting and reporting on the suitability, execution and completion of all engineering aspects of the building and site plans and to restore the lot to a safe and sightly condition should construction be terminated before completion.
F.
A nonprofit educational institution either under the supervision of the New York State Department of Education or chartered by the Regents of the University of the State of New York (but not including a parochial school accessory to and on the same lot as a church as provided for in Subsection E of this section and excluding all schools run for profit, such as, but not limited to, trade schools, business schools, vocational schools, recreational schools, camp schools or day camps) when authorized as a special use permit by the Board of Trustees in accordance with § 190-38 hereof and upon compliance with and subject to the following standards and conditions:
(1)
Lot area. The area of the lot for a nonprofit educational institution shall not at any time be less than 50 contiguous acres in fee ownership of the user.
(2)
Occupancy. No nonprofit educational institution shall be designed, erected, altered or used for more than 500 pupils.
(3)
Building area. All buildings, including accessory buildings, shall not cover more than 10% of the area of the lot.
(4)
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.
(5)
Yards. Each lot shall have front, side and rear yards not less than the depths and widths following:
(a)
Front yard depth: 110 feet.
(b)
Side yard width: Each 50 feet for a one-story principal building and each 70 feet for a two- or more story building. However, when a side yard abuts upon a street line, the width shall be 110 feet.
(c)
Rear yard depth: 50 feet for a one-story principal building and 70 feet for a two-story principal building.
(6)
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.
(7)
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 along said lines.
(8)
Marginal roadway. A marginal roadway 50 feet in width in the front yard and in any side yard abutting a street may be required by the Board of Trustees. Such a 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. Not 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.
(10)
Bond for certificate of occupancy. If the improvements provided in Subsection F(6), (7) and (8) have not been completed prior to the application for a certificate of occupancy, cash or a performance bond for not more than one year may be accepted by the Village Clerk in an amount estimated by the Village Engineers necessary to complete the improvements, which bond shall be a surety company bond in such form as shall be approved by the Village Attorney. On the deposit of such cash or the acceptance and filing of such bond the Building Inspector shall be authorized to issue the certificate of occupancy.
(11)
Notwithstanding any contrary provisions of this chapter, the following uses on the same lot or any other premises in the Village used in connection with such permitted uses are expressly prohibited:
(a)
Dormitories and sleeping quarters, except a single-family dwelling unit for one caretaker and his family.
(b)
The erection of any structure for the use of spectators.
(c)
Outdoor swimming pool.
(d)
Athletic contests and games with other institutions, schools or organizations.
(e)
Any use for which an admission is charged or gratuity, donation or subscription is accepted.
(f)
Any equipment or structures used for extracurricular activities.
§ 190-11 Special use permits.
[Amended 12-14-1981 by L.L. No. 3-1981; 10-10-2006 by L.L. No. 2-2006; 10-14-2008 by L.L. No. 1-2008]
A.
Such special use permits as are subject to the provisions of this article may be granted only when the petitioner files with the Board of Trustees the written consents, duly acknowledged, of at least 75% of the owners of all land, other than public streets, within the Village which lies outside of and within 1,500 feet of each boundary line of the lot or lots to be used for such buildings. The Board of Trustees may, by unanimous vote of all members of the Board then in office, grant permission for any such use even though consents are not so filed on behalf of at least 75% of the owners of the above-mentioned area.
B.
Such special use permits as are subject to the provisions of this article may only be granted in compliance with the following conditions:
(1)
The Board of Trustees, in considering any application for a special use permit for the uses specified in § 190-10E and F shall require the applicant to pay all reasonable expenses of the Village in connection therewith, including, without limitation, stenographic costs, advertising expense, engineering fees and charges of expert witnesses and advisors, and may require the applicant to post a reasonable deposit with the Village in advance for the same.
(2)
The Board of Trustees, in granting any special use permit for the uses specified in § 190-10E and F, may require such conditions and safeguards as are deemed appropriate, reasonable and necessary and require the payment of all building permit fees and reasonable engineering expenses in reviewing, inspecting and reporting on the suitability, execution and completion of all engineering aspects of the building and site plans, with special reference to drainage, road construction, parking area construction, screen planting, fencing and fire protection.
(3)
The Board of Trustees, in granting any special use permit for the uses specified in § 190-10E and F, may require, as a condition to permitting the issuance of any building permit or otherwise as a condition of its authorization pursuant to § 190-38 hereof, the posting of a bond, cash or other surety in such form as shall be approved by the Village Attorney and in an amount sufficient to insure compliance with this chapter and other laws, authorizations or regulations of the Village, including one or more of the following purposes:
(a)
To ensure the conformity of all construction and improvements on the property with any plans submitted to or approved by the Board of Trustees or any Village officials;
(b)
To recompense the Village for the services of any professional help, including that of the Village Engineers, retained or used in considering the proposed use of any plans or proposals in respect thereto and in reviewing, inspecting and reporting on the execution and completion of all construction and engineering aspects of all buildings and improvements on the property or premises; and
(c)
To restore the lot to a safe and sightly condition should any construction or improvement thereon either fail to meet the requirements of this chapter or the conditions of the authorization by the Board of Trustees or be terminated or discontinued before completion.
C.
Such special use permits for tax-exempt institutions as are subject to the provisions of this article may be granted only with respect to the quantity of acreage which is required exclusively for carrying out thereupon the purposes of such special use. In determining the acreage requirement, the following factors shall be taken into consideration:
§ 190-12 Residence Districts A-2 and A-3.
[Amended 10-10-2006 by L.L. No. 2-2006]
In Residence Districts A-2 and A-3, no building or premises shall be used or maintained for any except the following purposes, and no building shall hereafter be erected, enlarged or altered if, as so erected or as a result of such enlargement or alterations, such building or any part thereof is arranged, designed or intended to be used for any except the following purposes:
A.
In Residence Districts A-2 and A-3, any use permitted in Residence District A-1, except farming, dairying, poultry and the breeding of dogs, game and birds.
B.
In Residence District A-3, an off-street parking lot or area, for private passenger vehicles only, as an accessory use to permitted uses in a contiguous Economic Development District, when authorized as a special use permit by the Board of Trustees in accordance with § 190-38 hereof and in compliance with ownership and subject to the following standards and restrictions:
(1)
The premises devoted to this special use must be contiguous to immediately adjacent premises in the Village's Economic Development District which are in the same ownership and which are in fact then being used for the purposes permitted in Article V.
(2)
This special use, once permitted, may not be continued if the contiguous premises in the Economic Development District cease to be used for the purposes permitted in Article V or cease to be in the same ownership.
(3)
In order for there to be contiguity of premises in the A-3 and Economic Development Districts, the two may not be separated by a street, right-of-way or easement area nor by a strip or gore in different ownership.
(4)
The contiguity of premises in the A-3 and Economic Development Districts must exist for a distance of not less than 100 feet.
(5)
Only that portion of the premises sought to be devoted to this use, as is approved by the Board of Trustees, shall be so used.
§ 190-13 Obnoxious or offensive uses.
Without regard to the generality of this article as limited by the particularization of the foregoing specified uses and purposes, no building or premises shall be used for any purpose which is or may reasonably be expected to be obnoxious or offensive by reason of causing or emitting odor, smoke, vapor, gas, dust, garbage, refuse matter, noise or vibrations or that is dangerous or harmful to the health, peace, comfort or safety of the community, that tends to disturb or annoy residents of the Village or that involves any explosive menace or any serious fire hazard. The accumulation on any premises (whether or not for use thereon) of any garbage (except for collection), manure, animal excrement or other refuse matter having an offensive odor within 75 feet of any property line shall be deemed to be a use of the premises for a purpose prohibited by this section.
§ 190-14 Accessory dwellings.
A.
No accessory dwelling shall hereafter be erected, altered or enlarged.
B.
An accessory dwelling legally existing prior to November 1, 1973, may be rented or occupied by persons other than bona fide domestic employees, provided that the lot on which it is located has at least two acres of area allocable to each dwelling on the lot.
C.
Existing accessory dwellings not complying with the provisions of Subsection B above shall not be rented and shall be occupied only by bona fide domestic employees and their immediate families, including, without limitation, gardeners, chauffeurs and caretakers regularly employed in the principal building or on the premises by the occupant of such principal building, provided that such work or employment constitutes the employee's principal occupation at all times during such period of occupancy.