Northport City Zoning Code
ARTICLE V
Lot Area and Other Requirements
§ 306-20 Area requirements for business districts.
In the Central Business A and B Districts, Neighborhood Business District, Highway Business District and Marine Business District,[1] buildings (principal or accessory) shall be erected, altered or used only if so located on the lot and so erected or altered as to comply with the following requirements for the district in which situate:
A.
General. The area restrictions established by this section apply to all permitted uses in the Central Business A and B Districts, Neighborhood Business District, Highway Business District and Marine Business District for which special criteria are not established elsewhere in the Code of the Incorporated Village of Northport or required by the Board of Zoning Appeals pursuant to § 306-39 of this chapter.
B.
Maximum height.
(1)
In the Highway Business District, Neighborhood Business District, Marine Business District and Central Business B District, maximum height shall be two stories but not exceeding 30 feet.
(2)
In the Central Business A District, maximum height shall be 2 1/2 stories, not exceeding 35 feet, unless the proposed construction is to replace a demolished or destroyed structure existing on the date of adoption of this section. In such event, the maximum height requirement shall be the height of the building existing on the date of adoption of this section or 2 1/2 stories (not to exceed 35 feet), whichever is greater.
(3)
Notwithstanding any provision to the contrary in this chapter, a hotel/inn shall not exceed three stories and 45 feet in height. In addition, parapet walls, railings and mechanical equipment shall not be included in the computation of height for a hotel/inn.
[Added 8-22-2017 by L.L. No. 2-2017]
C.
Lot area per use. In the Highway Business District, Neighborhood Business District, Marine Business District and Central Business B District, lot area per principal building shall be 7,500 square feet. In the Central Business A District, lot area per principal building shall be 4,000 square feet, unless the proposed construction is to replace a demolished or destroyed structure existing on the date of adoption of this section. In such event, the minimum lot area per principal building shall be the lot area upon which a building is extant on the date of adoption of this section or 4,000 square feet, whichever is less.
(1)
Lot area for hotel/inn. Notwithstanding any provision to the contrary in this chapter, the minimum total lot area for a hotel/inn shall be no less than 10,000 square feet.
[Added 8-22-2017 by L.L. No. 2-2017]
D.
Minimum front yard.
[Amended 11-6-2006 by L.L. No. 10-2006]
(1)
Highway Business District : 10 feet minimum. Front setback shall be determined by the Planning Board through the site plan review process in order to promote a pedestrian-oriented streetscape. Front yards shall not be used for parking drive-through facilities, drive-through stacking lanes, or other driving lanes.
(2)
Neighborhood Business District: 30 feet.
(3)
Marine Business District: 50 feet. The storage of boats and boat trailers is prohibited in the front yard of Marine Business District uses.
(4)
Central Business B District: 20 feet.
(5)
Central Business A District: 20 feet, unless the proposed construction is to replace a demolished or destroyed structure existing on the date of adoption of this section. In such event, the minimum front yard shall be the front yard of the subject premises existing on the date of adoption of this section or 20 feet, whichever is less.
E.
Minimum rear yard.
(1)
Highway Business District, Neighborhood Business District, Central Business B District and Marine Business District: 15% of the average depth of the lot, except where the lot abuts upon a residential district. In such case, the minimum rear yard shall be 25 feet.
(2)
Central Business A District: 20 feet.
(3)
Central Business B District: 15% of the average depth of the lot.
F.
Minimum side yard.
(1)
Highway Business District, Neighborhood Business District and Central Business B District, one side only: 10 feet.
(2)
Marine Business District, both sides: 10 feet.
(3)
Central Business A District, one side only: 10 feet, unless the proposed construction is to replace a demolished or destroyed structure existing on the date of adoption of this section. In such event, the side yard requirement shall be the side yard or yards, if any, existing on the date of adoption of this section or one side yard of 10 feet, whichever is less, except that in the case of a hotel/inn, a single side yard of five feet is required.
[Amended 8-22-2017 by L.L. No. 2-2017]
G.
Street frontage.
(1)
Highway Business District, Neighborhood Business District, Central Business B District and Marine Business District: 50 feet.
(2)
Central Business A District: 30 feet, unless the proposed construction is to replace a demolished or destroyed structure existing on the date of adoption of this section. In such event, the street frontage requirement shall be the street frontage existing on the date of adoption of this section or 30 feet, whichever is less.
H.
Uses per principal building or structure. Principal buildings conforming to all other requirements of this section may be used for more than one permitted use, based upon the square footage requirements set forth below. All uses located on the subject premises must be housed in the principal building and may not be contained within an accessory building, which buildings shall be limited to those uses permitted by § 306-5 of this chapter.
(1)
Highway Business District and Marine Business District. The number of uses per principal building shall be determined by dividing gross floor space by 700 square feet. The resulting whole number shall be the permitted number of uses for the particular building.
(2)
Central Business A District, Central Business B District and Neighborhood Business District. The number of uses per principal building shall be determined by dividing gross floor space by 400 square feet. The resulting whole number shall be the permitted number of uses for the particular building.
I.
Lot coverage (maximum lot coverage by main and accessory buildings).
(1)
Highway Business District, Marine Business District and Neighborhood Business District: 30%.
(2)
Central Business B District: 40%.
(3)
Central Business A District: 40%, unless the proposed construction is to replace a demolished or destroyed structure existing on the date of adoption of this section. In such event, the maximum lot coverage shall be the lot coverage of the subject premises existing on the date of adoption of this section or 40%, whichever is greater.
(4)
Central Business A District parking and parking structures exemption: In the Central Business A District, parking lots, including parking structures and/or parking decks, in connection with a hotel/inn are not included as accessory buildings for lot coverage purposes.
[Added 8-22-2017 by L.L. No. 2-2017]
§ 306-21 Off-street parking requirements, unloading spaces and landscaping for business districts.
[Amended 9-6-1977 by L.L. No. 16-1977]
The following minimum facilities for off-street parking and unloading space, parking field and parking space design, which shall be cumulative when lands or buildings are put to more than one use, and the following landscaping requirements shall be provided on the building plot when any of the following is proposed: the erection of a building; the alteration and/or increase in the size of an existing building; the change of use of a building to a use requiring a greater number of off-street parking space facilities, as hereinafter set forth, to a use the off-street parking requirements of which are set forth in Subsection A(20) hereof or from a residential use to a business use; or the increase in the number of uses of an existing building.
A.
Number of off-street parking spaces.
(1)
Restaurant, tavern or bar: one space per every 75 square feet of gross floor space. Food shop with limited restaurant service: one space per every 150 square feet of gross floor space.
[Amended 11-6-2006 by L.L. No. 10-2006]
(2)
Retail and wholesale sales: one space for each 200 square feet of gross floor space and three spaces for each four employees.
(3)
Office of doctor, dentist and allied medical services: five spaces for each practitioner and one space for each employee.
(4)
Shop for personal service: one space for each 200 square feet of gross floor space.
(5)
Place of business of a tradesman, upholsterer or decorator: one space for every 200 square feet of gross floor space.
(6)
Professional office, business office, bank or financial institution: one space for every 250 square feet of gross floor space.
(7)
Yacht club and marina: one space for every two slips or for every two moorings; and one space for every four members.
(8)
Nonprofit beach club: one space for every four members.
(9)
Boatyard, marine sales or boat sales, rental and repair: one space for every 250 square feet of gross floor space.
[Amended 4-12-1988 by L.L. No. 3-1988]
(10)
Funeral home, mortuary or chapel: one space for every 200 square feet of gross floor space.
(11)
Church or place of worship: one space for every 100 square feet of gross floor space.
(13)
Philanthropic, fraternal, service or educational, institutional office or meeting room: one space for each 100 square feet of gross floor space.
(14)
Motor vehicle salesroom: one space for every 500 square feet of gross floor space.
(15)
Automobile service or filling station, automobile repair shop and automobile body shop: one space for every 200 square feet of gross floor space and two spaces for each automobile bay.
(16)
Business or public garage: one space for every 200 square feet of gross floor space.
(17)
Bowling alley: five spaces for every alley.
(18)
Theater: one space for every five seats.
(19)
Commercial place of entertainment: one space for every 200 square feet of gross floor space.
(20)
Parking requirements for a use not listed above shall be the same as for a listed use of the same general characteristics of demand generation, as determined by the Code Compliance Director of the Incorporated Village of Northport.
(21)
Hotel/inn: one parking space for each guest room.
[Added 8-22-2017 by L.L. No. 2-2017]
(22)
Hotel/inn with one or more accessory uses: one parking space for each guest room and an additional parking space for each 75 square feet of gross floor space being used for the permitted accessory use(s) as defined in § 306-5 (Hotel/inn) of the Northport Village Code. No unloading space(s) is/are required for a hotel/inn, and no buffer or setbacks are required for off-street parking for a hotel/inn.
[Added 8-22-2017 by L.L. No. 2-2017]
B.
Other requirements.
(1)
Required off-street parking areas, including drives and accessways, shall be paved in conformance with applicable specifications set forth in site plan regulations, as the same may be adopted by the Planning Board and approved by the Board of Trustees.
(2)
No parking area shall be located within five feet of a lot line for parallel parking and seven feet for perpendicular parking, nor within 10 feet of a residence district boundary.
(3)
Each parking space shall be 10 feet by 20 feet in size and defined by painted lines.
(4)
All parking areas shall be curbed in accordance with the regulations of the Planning Board, as the same may be adopted from time to time by the Planning Board and approved by the Board of Trustees.
(5)
Backup space behind any row of parking stalls shall be a minimum of 24 feet.
(6)
Driveways shall be a minimum of 12 feet in width and are subject to the same limitations as to the distance from property lines as are parking spaces.
(7)
All parking areas shall provide for self-drainage in accordance with the regulations of the Planning Board, as the same may be adopted from time to time and approved by the Board of Trustees.
(8)
Required parking spaces under this chapter shall be located on the same lot or lots or on a contiguous lot or lots as the use or uses thereon.
[Added 8-22-2017 by L.L. No. 2-2017]
C.
Unloading space.
(1)
Number of spaces.
(a)
Retail buildings: one for each building plus one for each 5,000 square feet or fraction thereof of floor area in excess of 8,000 square feet.
(b)
Wholesale stores or buildings: one for each building plus one for each 5,000 square feet or fraction thereof in excess of 5,000 square feet of floor area.
(2)
Size. All unloading spaces shall have minimum dimensions of 12 by 35 feet and 14 feet of vertical clearance.
D.
Modifications. The foregoing parking or unloading space requirements may be modified by the Planning Board when the conditions of § 247-6D(10) are met, or upon application to the Board of Zoning Appeals, pursuant to § 306-39E of this chapter.
[Amended 11-6-2006 by L.L. No. 10-2006]
E.
Landscaping. All property shall be approximately landscaped, particularly at the front, in accordance with the regulations of the Planning Board, as the same may be adopted from time to time and approved by the Board of Trustees. Properties abutting upon nonbusiness districts shall be planted with shrubs and trees for a width of not less than five feet on the side and rear property lines and shall have fences thereon. The Planning Board of the Village of Northport shall adopt rules and regulations regarding the landscaping of uses, buildings and structures and sites located in the business zoning districts.
F.
Exemption. Notwithstanding any other provision of this chapter, any lot or lots proposed to be used as a hotel/inn and containing thereon any nonconforming building or buildings which was/were built prior to the enactment of this chapter, or built prior to any amendment thereto, which requires provision of off-street parking, shall be credited with the number of parking spaces corresponding to the application of this section of this chapter to such building or buildings, in the event that such building or buildings is/are expanded, adapted to other uses, or razed and replaced with a new building or buildings, it being the intention of this subsection that only the spaces required by such expansion, adaptation or replacement (and not of the entirety of buildings or uses or both) be provided on the site or lots containing such building or buildings. By way of example, if an existing legal nonconforming building requires 50 parking spaces under this chapter, and it provides thereon zero parking spaces as the building stands, only those additional parking spaces required as a result of an expansion, adaptation or replacement of such building are required to be provided. In the foregoing example, if the building were replaced by a building requiring 70 parking spaces under this chapter, only 20 such spaces would be required to be provided.
[Added 8-22-2017 by L.L. No. 2-2017]
§ 306-22 Principal buildings in residence districts.
In residence districts, principal buildings and any accessory buildings attached thereto shall be erected, altered or used only if so located on the plot and so erected or altered as to comply with the following requirements for the district in which situated:
A.
Maximum height: in all districts, two stories, but not exceeding 30 feet, except that the height of houses with flat roofs shall not exceed 22 feet. A roof shall be considered flat if the pitch is 3:12 or less.
[Amended 2-19-1991 by L.L. No. 1-1991; 9-5-2006 by L.L. No. 9-2006]
B.
Minimum lot area total.
(1)
Residence A: one acre.
(2)
Residence B: 1/2 acre.
(3)
Residence C: 1/3 acre, except that those developed parcels in the Residence C District on Bayview Avenue or Woodbine Avenue which were in the Residence E District prior to the adoption of this provision and are 8,500 square feet or less shall have the setback requirements of the Residence D District as set forth in this § 306-22.
[Amended 5-21-2002 by L.L. No. 7-2002]
(4)
Residence D: 8,500 square feet, and except that any lot held in a single and separate ownership on the effective date hereof, to wit, October 2, 1973, may be permitted to contain an area of at least 5,000 square feet, provided that such lot or plot and any adjoining land have not come into common ownership since said date.
[Amended 11-7-1989 by L.L No. 10-1989; 5-21-2002 by L.L. No. 7-2002]
(a)
Any reference to relief for lots held in single and separate ownership in the Residence D District shall expire seven years from the adoption of this provision. At the end of the aforementioned seven-year phase-out property owners may seek an extension of said phase-out period for up to an additional three years upon application to and approval by the Board of Zoning Appeals under the following conditions:
[1]
At the time of the phase-out the subject property is currently marketed in good faith at fair market value; or
[2]
The subject property is in probate; or
[3]
Such other similar condition or circumstance beyond the control of the owner of the subject property that the Board of Zoning Appeal shall determine would apply.
(b)
Thereafter, any substandard lot commonly owned or used in conjunction with an adjacent parcel shall be merged and must conform to the area and setback requirements of the zoning District in which it is located.[1]
[1]
Editor's Note: Former Subsection B(5), regarding the Residence E District, which immediately followed this subsection, was repealed 3-5-2002 by L.L. No. 5-2002. Said subsection was subsequently repealed again 8-17-2004 by L.L. No. 6-2004.
C.
Minimum lot area per family: in all districts where more than one family use is permitted, 2,000 square feet per family unless a greater minimum lot area is otherwise required in this chapter, in which case such greater minimum lot area requirement shall prevail.
D.
Minimum lot width.
(1)
Residence A: 175 feet.
[Amended 12-13-2001 by L.L. No. 14-2001]
(2)
Residence B: 125 feet.
[Amended 12-13-2001 by L.L. No. 15-2001]
(3)
Residence C: 100 feet.
(4)
Residence D: 85 feet.[2]
[Amended 12-13-2001 by L.L. No. 17-2001; 5-21-2002 by L.L. No. 7-2002]
[2]
Editor's Note: Former Subsection D(5), regarding the Residence E District, which immediately followed this subsection, was repealed 3-5-2002 by L.L. No. 5-2002. Said subsection was subsequently repealed again 8-17-2004 by L.L. No. 6-2004.
E.
Minimum street frontage.
(1)
Residence A: 140 feet.
[Amended 12-13-2001 by L.L. No. 14-2001]
(2)
Residence B: 100 feet.
[Amended 12-13-2001 by L.L. No. 15-2001]
(3)
Residence C: 80 feet.
[Amended 12-13-2001 by L.L. No. 16-2001]
(4)
Residence D: 70 feet.[3]
[Amended 12-13-2001 by L.L. No. 17-2001; 5-21-2002 by L.L. No. 7-2002]
[3]
Editor's Note: Former Subsection E(5), regarding the Residence E District, which immediately followed this subsection, was repealed 3-5-2002 by L.L. No. 5-2002. Said subsection was subsequently repealed again 8-17-2004 by L.L. No. 6-2004.
F.
Minimum front yard depth.
(1)
Residence A: 65 feet.
[Amended 12-13-2001 by L.L. No. 14-2001]
(2)
Residence B: 50 feet.
(3)
Residence C: 35 feet.
[Amended 12-13-2001 by L.L. No. 16-2001]
(4)
Residence D: 25 feet.[4]
[Amended 12-13-2001 by L.L. No. 17-2001]
[4]
Editor's Note: Former Subsection F(5), regarding the Residence E District, which immediately followed this subsection, was repealed 3-5-2002 by L.L. No. 5-2002. Said subsection was subsequently repealed again 8-17-2004 by L.L. No. 6-2004.
G.
Minimum rear yard depth.
(1)
Residence A: 60 feet.
[Amended 12-13-2001 by L.L. No. 14-2001]
(2)
Residence B: 50 feet.
(3)
Residence C: 40 feet.
[Amended 12-13-2001 by L.L. No. 16-2001]
(4)
Residence D: 35 feet.[5]
[Amended 12-13-2001 by L.L. No. 17-2001; 5-21-2002 by L.L. No. 7-2002]
[5]
Editor's Note: Former Subsection G(5), regarding the Residence E District, which immediately followed this subsection, was repealed 3-5-2002 by L.L. No. 5-2002. Said subsection was subsequently repealed again 8-17-2004 by L.L. No. 6-2004.
H.
Minimum side yard width, any side.
(1)
Residence A: 35 feet.
[Amended 12-13-2001 by L.L. No. 14-2001]
(2)
Residence B: 30 feet.
[Amended 12-13-2001 by L.L. No. 15-2001]
(3)
Residence C: 18 feet.
[Amended 12-13-2001 by L.L. No. 16-2001]
(4)
Residence D: 12 feet.[6]
[Amended 12-13-2001 by L.L. No. 17-2001]
[6]
Editor's Note: Former Subsection H(5), regarding the Residence E District, which immediately followed this subsection, was repealed 3-5-2002 by L.L. No. 5-2002. Said subsection was subsequently repealed again 8-17-2004 by L.L. No. 6-2004.
I.
Minimum total side yard width.
(1)
Residence A: 75 feet.
[Amended 12-13-2001 by L.L. No. 14-2001]
(2)
Residence B: 60 feet.
[Amended 12-13-2001 by L.L. No. 15-2001]
(3)
Residence C: 40 feet.
[Amended 12-13-2001 by L.L. No. 16-2001]
(4)
Residence D: 24 feet.[7]
[Amended 12-13-2001 by L.L. No. 17-2001]
[7]
Editor's Note: Former Subsection I(5), regarding the Residence E District, which immediately followed this subsection, was repealed 3-5-2002 by L.L. No. 5-2002. Said subsection was subsequently repealed again 8-17-2004 by L.L. No. 6-2004.
J.
K.
L.
Permitted encroachments.
[Added 8-5-1980 by L.L. No. 7-1980; amended 10-18-1983 by L.L. No. 5-1983]
(1)
Notwithstanding the foregoing, in all residence districts the following encroachments upon required yard areas are permitted:
(a)
Cornices, eaves, gutters, chimneys or bay windows projecting not more than 24 inches.
(b)
One-story open porches and terraces not exceeding three feet in height, projecting not more than six feet into a required front, side or rear yard, but in no case shall the open porch or terrace be less than five feet from the nearest property line.
(c)
Outside steps and cellar entrances may project into a required front, side or rear yard, but in no case shall steps project more than five feet into a side yard.
(2)
In any case where the Board of Zoning Appeals has diminished a required yard by a variance, none of the foregoing encroachments shall be permitted into such diminished yards.
M.
Conformity. Any lots in Residence C and D Districts, regardless of area, must conform to all other provisions hereinabove set forth.
[Amended 3-5-2002 by L.L. No. 5-2002; 8-17-2004 by L.L. No. 6-2004]
N.
Any expansion, alteration or use of any existing building or structure on any lot in any residence district into an area that conforms with the setback and area requirements set forth in this § 306-22, regardless if other areas of the existing building or structure are nonconforming, shall be allowed to proceed without the need for Zoning Board of Appeals review and approval.
[Added 12-13-2001 by L.L. No. 18-2001]
§ 306-23 Detached accessory buildings and swimming pools in residence districts.
[Amended 10-17-1989 by L.L. No. 7-1989[1]]
In residence districts, accessory buildings not attached to a principal building, and swimming pools, shall be erected, altered or used only if so located on the lot so erected or altered as to comply with the following requirements for the district in which situate:
A.
Maximum height, all districts: 1 1/2 stories, but not exceeding 15 feet on peaked roofs or 10 feet on flat roofs, which are defined as having a pitch of 3:12 or less.
[Amended 9-5-2006 by L.L. No. 9-2006]
B.
Minimum setback from street lines.
(1)
All residence districts: 50 feet from the street lines or that distance from the street line to the rear of the principal building, whichever distance is greater, except that:
(a)
A private garage, if located in the greater side yard distance required for a principal building from the nearest side lot line, may be set back a distance equal to the front yard required for the district in which the lot is situated.
(b)
A private garage, where the existing surface of a plot slopes upwards from the street line, may be located closer to the street line, provided that not less than 90% of the cubic contents of the garage is situated below the grade of the existing ground surface.
C.
D.
Minimum distance from principal building, all residence districts: five feet from any portion of the principal building.
E.
Minimum rear yard, all residence districts: two feet.
F.
Swimming pools. Notwithstanding the foregoing, all swimming pools shall be located at least 10 feet from all side and rear yards.
[1]
Editor's Note: See also § 2 of Part I of Appendix B.
§ 306-24 Corner clearance in residence districts.
In residence districts, if street lines or portions of a street line so intersect as to form one or more angles of less than 135º within the lines of abutting plots or if street lines are so connected by a curved line forming a corner that prolongations of such connected street lines so intersect beyond the curve as to form an interior angle of less than 135º, then no building, trees having branches less than six feet above the ground, shrubs or vegetation of a height greater than 3 1/2 feet above the plane of the traveled portion of abutting streets, walls, fences or other similar obstructions shall be allowed to stand on so much of said abutting plot or plots as lies within each triangle formed by lines connecting such points of intersection with points on such street lines or such prolongations thereof distant 25 feet from the points of intersection.
§ 306-25 Residential off-street parking requirements.
A.
In the residential districts, no buildings shall be erected or so altered as to change the nature of occupancy or as to be increased in size unless the following minimum facilities on the building plot for off-street parking spaces are provided:
(1)
Single-family dwellings, boardinghouses and lodging houses: one for each single-family dwelling and one for each guest sleeping room in boardinghouses and lodging houses.
(2)
Two-family and multiple-family buildings, group houses and residential hotels: one for each dwelling unit in a two-family or multifamily building; and one for each sleeping room in group houses or residential hotels.
[Amended 8-17-1999 by L.L. No. 12-1999]
(3)
Educational institution: one for each three regular employees, each 20 students between the ages of 16 and 18, each bus reasonably necessary to transport pupils and each five students over the age of 18.
(4)
Place of worship: one for each five persons' seating capacity.
(5)
Club: one for each two families having membership therein.
(6)
Hospital, nursing home or sanitarium: one for each five patients and one for each three regular employees.
§ 306-26 Reduction of lot size.
No lot shall be reduced in size or area and no building shall be so altered as to create a violation of any of the provisions of this article or so as to create a further nonconformity therewith.
§ 306-27 Location of buildings on improved streets in all districts.
No permit for the erection or reconstruction of any building shall be issued unless the conditions in Subsections A and B or C following have been met:
A.
B.
Such street or highway has been suitably improved to the satisfaction of the Planning Board of the Village of Northport in accordance with its standards and specifications.
C.
In the discretion of the Planning Board of the Village of Northport, a performance bond, sufficient to cover the full cost of such improvement as estimated by the said Planning Board, has been furnished by the owner to the Village, which bond shall have been issued by a surety or bonding company licensed to do business in the State of New York and shall have been approved by the Village Attorney and the Board of Trustees.