Oyster Bay Cove City Zoning Code
ARTICLE I
General Provisions
[Amended 12-19-1966; 3-15-1998 by L.L. No. 1-1988]
§ 320-1 Definitions.
Unless otherwise expressly stated the following words and terms shall, for the purpose of this chapter, have the meaning indicated.
ACCESSORY BUILDING
Any building or structure that is on the same lot with a principal building and that is used or to be used solely for purposes customarily incidental to those of the principal building and not for human living or sleeping accommodations. An accessory building includes, but is not limited to, a garage for not more than five cars, swimming pool (whether aboveground or in-ground and including its filtration and mechanical equipment), swimming pool cabana or bathhouse, toolhouse or storage shed, children's playhouse, tennis court and tennis house, together with any appurtenant tennis court fence, which shall not exceed 10 feet in height, or other structure, patio, deck, paved area used principally as a recreational area or outdoor living area, putting greens, roofless fenced enclosures for animals, such as a paddock, corral or riding ring, roofed enclosure for animals, such a stable, barn or dog kennel, freestanding communication antennas which are used for the receiving or sending of communication signals, and a noncommercial greenhouse. Guesthouses or buildings designed or equipped to be used or occupied for habitable purposes are not accessory buildings and are not permitted, unless allowed pursuant to § 320-17.
[Amended 7-24-2008 by L.L. No. 2-2008; 2-19-2013 by L.L. No. 1-2013]
ACCESSORY DWELLING
A detached building, other than a principal building, which is designed and equipped to be used or occupied for human habitable purposes.
ALTERATION
Any addition or modification in construction or arrangement of structural supports or partitions, including an extension on any side or increase in height of the structure or any change in use, or any movement of a structure from one location or position to another. Reasonable and ordinary repairs to remedy minor deterioration shall not be considered an alteration. The Board of Trustees may, by resolution, establish construction guidelines which qualify as an alteration.
BONA FIDE DOMESTIC EMPLOYEES
An employee regularly employed by the occupant of the principal building, provided that such employment constitutes their principal occupation at all times during said period of employment.
[Amended 7-24-2008 by L.L. No. 2-2008]
BUILDING
Any structure having a roof supported by columns, poles or walls. The term "building" for the purpose of this chapter shall also include the terms "principal building," "accessory building," "accessory dwelling," and "structure."
BUILDING AREA
The aggregate of the maximum horizontal cross-section area of all buildings projected on a lot, excluding the following:
A.
Cornices, eaves, gutters, or chimneys which do not project more than 18 inches, bay windows not projecting more than five feet; and
B.
Driveways, walkways, riding rings, corrals and paddocks.
CONTIGUOUS BUILDABLE AREA
A portion of a lot with a minimum dimension in any direction of at least 75 feet and which does not include any wetlands, water bodies, watercourses, buffer areas or very steep slopes, all as defined in the Code of the Village of Oyster Bay Cove, and which conforms to required minimum yard setbacks for principal buildings and accessory structures. No more than 1/3 of such contiguous buildable area may consist of steep slopes as defined in the Village Code and shall be the preferred location for the principal building.
[Added 11-15-2005 by L.L. No. 14-1005; amended 3-21-2005 by L.L. No. 4-2006; 2-19-2008 by L.L. No. 1-2008]
DECK
A roofless platform, above or on grade, constructed of wood or other material, whether attached to a building or freestanding.
ELECTRICAL VEHICLE
Any motor vehicle that is registered with the New York State Department of Motor Vehicles and authorized to operate on public and private highways, roads, and streets, and uses electrical energy stored on board for motive purpose.
[Added 3-17-2015 by L.L. No. 2-2015]
ELECTRIC VEHICLE INFRASTRUCTURE
The structures, machinery, and equipment necessary and integral to support an electric vehicle, including the electrical conduit and premises wiring requirements for the installation of electric vehicle supply equipment.
[Added 3-17-2015 by L.L. No. 2-2015]
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE)
The conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle conductors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for purposes of delivering energy from the premises wiring to the electric vehicle, complying and conforming with National Electric Code Article 625 and Society of Automotive Engineers J1772 Standard.
[Added 3-17-2015 by L.L. No. 2-2015]
FAMILY
Two or more persons related by blood, adoption or marriage, living or cooking together as a single housekeeping unit, including bona fide domestic employees. Two or more persons living as a single housekeeping unit and using a common kitchen for cooking shall be deemed a family, even though not related by blood, marriage and adoption.
[Amended 7-24-2008 by L.L. No. 2-2008]
FRONT LOT LINE
The street line of a lot which is not a corner lot or, if such lot extends through a block, the street line from which the principal building sets back the lesser distance. In the case of a corner lot, the "front lot line" is the front street line as designated in an application for a permit to erect or alter a building on such lot or, in not so designated, the street line from which the principal building sets back the greatest distance or, if its setback is equidistant from two or more street lines, the street line which is nearest to the main entrance of the principal building.
[Amended 7-24-2008 by L.L. No. 2-2008]
FRONT YARD
An open unoccupied space on the same lot with a principal building between the front wall of the principal building and the front lot line of the lot measured as the shortest distance between the front wall of the building and the front lot line.
GARAGE
A building primarily designed to be used for the housing of one or more motor vehicles. The total number of garage stalls for parking motor vehicles on any single property, whether attached or unattached to the principal structure, shall not exceed five stalls.
[Amended 2-19-2008 by L.L. No. 1-2008; 7-24-2008 by L.L. No. 2-2008]
GROSS FLOOR AREA
The sum of the horizontal areas of the floors of a building or buildings measured from the exterior of the framed walls of such building or buildings, without exclusion of any interior spaces, and also including half stories and detached garages located within 25 feet of the principal structure, except that half stories where the vertical distance between the floor or floor beams and the ceiling or roof structure next above is less than 6 1/2 feet and open porches shall not be included in the computation of the gross floor area.[1]
[Added 2-19-2008 by L.L. No. 1-2008]
HEIGHT
The height of a building is the vertical distance measured from the mean existing ground level prior to construction at the wall of the building nearest the street line to the highest point of a building including any attachments.
HEIGHT – SETBACK RATIO
The ratio of height (vertical rise) to setback from the property line (horizontal run) in the form of an inclined plane beginning at the property line nearest the building and extending toward the building at a slope determined by the specified ratio. The beginning point of the inclined plane is measured from the existing ground level at the highest point where it meets a corner of the relevant existing or proposed building wall, projected to the property line.
[Added 7-24-2008 by L.L. No. 2-2008]
LOT
A parcel of land legally created or recognized pursuant to the provisions of this chapter for a permitted use or to be improved and occupied with one principal building or use and such other permitted accessory buildings and uses. The term "lot" shall include the terms "plot" and "corner lot." A corner lot shall be a lot at the junction of two or more intersecting streets or rights-of-way.
LOT AREA
[Amended 11-25-1991 by L.L. No. 2-1991; 11-15-2005 by L.L. No. 14-2005]
A.
The total horizontal area of a lot within its legal boundaries measured to the street line, excluding:
(1)
Any portion which has less than 1/2 of the minimum lot width for the zoning district;
(2)
Any portion which lies within a driveway, right-of-way, or access easement serving any other lot or lots;
(3)
Any portion which is within a street, right-of-way or lane;
(4)
Any portion which is burdened by an easement or restriction that affects the use or development of that portion of the lot which is not within the minimum front, side and rear yard and is not a customary easement for utilities and similar services to the premises;
[Amended 7-24-2008 by L.L. No. 2-2008]
(5)
Any portion which is within "an area of special flood hazard" as defined in § 320-72 of this chapter;
(6)
Seventy-five percent of any portion which constitutes a wetland, water body or watercourse, or is within a buffer area, as defined in the Village Code; and
[Amended 3-21-2006 by L.L. No. 4-2006]
(7)
Twenty-five percent of any portion which constitutes a steep slope, and 50% of any portion which constitutes a very steep slope area, as defined in the Village Code.
B.
Notwithstanding the foregoing, the area of any lot which lawfully existed in the Village prior to September 1, 2004, shall not be deemed to be less than the minimum lot size required in the district in which it is located, or to otherwise be made nonconforming, as a result of exclusions in Subsection A(6) and (7) above. Lot area exclusions in Subsection A(1) and (4) above shall not be deducted from the lot area when computing the maximum building area on any such lot. Any such nonconforming lot may continue to exist and be used without the need for variances; provided, however, that any change in use or development of any such lot shall comply with all requirements of the zoning regulations of the Village of Oyster Bay Cove other than the requirements for minimum lot area. In the case of a nonconforming building which lawfully existed as of February 1, 2006, alterations or additions to such building are permitted notwithstanding the front setback requirements in this section, provided that the alterations or additions are located within the existing footprint of the building and are at least 75 feet from the front property line.
[Amended 3-21-2006 by L.L. No. 4-2006]
LOT DEPTH
Lot depth is the shortest distance measured between the front and rear lot lines measured in the general direction of the side lines.
[Amended 7-24-2008 by L.L. No. 2-2008]
LOT WIDTH
The shortest distance measured between opposite side lot lines.
[Amended 7-24-2008 by L.L. No. 2-2008]
PATIO
A paved, brick or gravel area primarily used for outdoor living, excluding driveways and walkways.
PORCH, OPEN
A surface attached to a building covered by a roof and designed to be used as open, outside living space having no walls or materials enclosing the space.
[Added 2-19-2008 by L.L. No. 1-2008]
PRINCIPAL BUILDING
A building on a lot used or occupied as the main dwelling or building for a permitted principal use.
REAR LOT LINE
The boundary line of a lot generally opposite the front lot line. For a corner lot having more than one rear lot line, the owner may elect in his original building permit for construction, which boundary line shall be deemed as the rear lot line, which designation shall then apply to all future construction.
[Amended 7-24-2008 by L.L. No. 2-2008]
REAR YARD
An open unoccupied space on the same lot with a building between the rear wall of the principal building and the rear lot line of the lot measured on the shortest distance between the rear wall of the building and rear lot line of the lot.
RESIDENCE FACILITY FOR INSTITUTION OF HIGHER EDUCATION
A building or buildings containing a room or rooms for occupancy by postdoctoral fellows or faculty at an institution of higher education offering courses of study approved by the New York State Department of Education when authorized by special exception by the Board of Zoning Appeals.
[Added 12-18-2023 by L.L. No. 1-2024]
SETBACK
A setback of a building or any structure, except fences, walls, entrance piers or gates customarily located at or near the property line and driveways or portions thereof from the particular lot line is the distance from a lot line to the part of the building or any structure or portion thereof which is nearest to that lot line. This measurement shall be the distance that such building or story is "setback" or that it "sets back" from a lot line.
[Amended 7-24-2008 by L.L. No. 2-2008]
SIDE LOT LINE
All boundary lines of a lot which are not a rear lot line or a front lot line.
SIDE YARD
An open unoccupied space on the same lot with a building situated between the building and the side lot line of the lot and extending through from the street line or from the front yard to the rear yard or to the rear lot line of the lot measured on the shortest distance between the side wall of the building and the side lot line of the lot.
SIGN
Includes the word "billboard" and shall be deemed to mean any advertising structure, sign, picture, word or device for advertisement.
SINGLE-FAMILY DWELLING
A principal building designed for and occupied exclusively as a home or residence for not more than one family.
STABLE
An accessory building used for the housing or keeping of horses owned or used by the owner or tenant of the lot for personal use and not for commercial boarding or livery.
STORY
That part of a building between any floor and the floor above or, in its absence, the ceiling or roof above. A story in which persons live, sleep, work or congregate, the ceiling of which is more than three feet above the average grade measured from the ground at each end of the structure, shall be counted as that fraction of a story which its height above the average grade level bears to the height of the story. The lower portion of a building which extends less than three feet above the average grade level shall not be deemed a story.
[Amended 7-24-2008 by L.L. No. 2-2008]
STORY, HALF
An uppermost story with at least two opposite exterior sides extending not more than two feet above the surface of the floor of such half-story, which sides meet a sloping roof.
[Added 2-19-2008 by L.L. No. 1-2008; amended 7-24-2008 by L.L. No. 2-2008]
STREET
A way which is an existing state, county, town or Village highway, or a private road which appears on the Official Map of the Village of subdivision plat approved by the Village.
[Added 7-24-2008 by L.L. No. 2-2008]
STREET LINE
That portion or length of the lot that abuts a street or right-of-way.
[Amended 7-24-2008 by L.L. No. 2-2008]
STRUCTURE
Anything constructed or erected, the use of which requires location on or under the ground or attachment to something having location on the ground, excluding, mailboxes, lighting fixtures, name signs, driveways and walkways.
[Amended 7-24-2008 by L.L. No. 2-2008]
SWIMMING POOL
Any artificial body of water or receptacle for water having a depth at any point greater than 18 inches, installed or maintained outside a building, in or above the ground, and used or intended to be used for swimming or bathing. A swimming pool shall be deemed to include the surface area of the water, its pool coping and surrounding patio, slide, diving board or other appurtenant structure, if any.
[Amended 7-24-2008 by L.L. No. 2-2008]
VILLAGE
The Village of Oyster Bay Cove.
[1]
Editor's Note: The former definition of "habitable floor area," which immediately followed this definition, was repealed 7-24-2008 by L.L. No. 2-2008.
§ 320-2 General construction.
Words used in their present tense shall include their future tense; the singular includes the plural and the plural includes the singular; terms shall be deemed to include all parts thereof, unless specifically excluded; person shall include the term corporation, partnership, association or other entity, as well as individual.
§ 320-3 Districts enumerated; Zoning Map.
A.
For the purposes of this chapter the Village of Oyster Bay Cove is hereby divided into two classes of districts as follows:
(1)
Residence A-1 District.
(2)
Residence A-2 District.
B.
The boundaries of said districts shall be shown upon the map attached to and made a part of this chapter, which map is entitled "Official Zoning District Map of the Incorporated Village of Oyster Bay Cove as amended May 15, 1951, in the Town of Oyster Bay, County of Nassau and State of New York," and all the notations, references and other things shown thereon shall be as much a part of this chapter as if they were all fully described herein.[1]
[1]
Editor's Note: The Official Zoning District Map is on file in the Clerk's office.
§ 320-4 Boundary descriptions.
The districts designated on said map and as hereby established are bounded and described as follows:
A.
The area of the Residence A-1 District shall be all that part of the Village which is not embraced in the Residence A-2 District (described below in Subsection B) and property annexed to the Village, more particularly described as follows:
[Amended 11-9-1963; 11-20-1979 by L.L. No. 4-1979]
BEGINNING at a point on the easterly side of Berry Hill Road distant 436.91 feet southerly, when measured along the easterly side of Berry Hill Road, from the intersection of the easterly side of Berry Hill Road with the southerly side of Fox Hunt Crescent, said point of beginning being also at the intersection of the division line between the Town of Oyster Bay and the Incorporated Village of Oyster Bay Cove, with the easterly side of Berry Hill Road, and from said point of beginning running along the present division line between said Town and said Village the following five courses and distances: | ||
1. | North 82 degrees 55 minutes 22 seconds East 897.61 feet; | |
2. | South 06 degrees 27 minutes 30 seconds East 595.70 feet; | |
3. | South 14 degrees 38 minutes 20 seconds East 44.22 feet; | |
4. | South 12 degrees 14 minutes 10 seconds East 150.11 feet; | |
5. | South 12 degrees 40 minutes 50 seconds East 552.96 feet; | |
running thence westerly through Lot 375, South 80 degrees 49 minutes 00 seconds West 588.79 feet; | ||
running thence North 09 degrees 02 minutes 45 seconds West 1067.74 feet; | ||
running thence South 80 degrees 49 minutes 00 seconds West 328.38 feet to the easterly side of Berry Hill Road; | ||
running thence along the easterly side of Berry Hill Road North 09 degrees 11 minutes 00 seconds West 306.12 feet to the point or place of BEGINNING. | ||
B.
The area of Residence A-2 District shall be that portion of the Village which is embraced within the following described boundaries:
BEGINNING at a point at the northwesterly corner of property now or formerly of Caroline Baker; thence southerly along the westerly line of property now or formerly of Caroline Baker 84.5 feet; thence easterly along the southerly line of said property now or formerly of Caroline Baker 76.76 feet to a point on the westerly line of a certain right-of-way 33 feet wide; thence southerly along the westerly line of said right-of-way to a point on the extension westerly of the southerly line of property now or formerly of Thomas Baker; thence easterly along the said extension of the southerly line of said property now or formerly of Thomas Baker and along the southerly line of said property now or formerly of Thomas Baker to a point at the southeasterly corner of said property now or formerly of Thomas Baker; thence northerly along the easterly line of said property now or formerly of Thomas Baker 50 feet to a point on the southerly line of property now or formerly of Katherine Baker; thence easterly along a portion of the southerly line of said property now or formerly of Katherine Baker and along the southerly lines of properties now or formerly of Charles W. Ludlam, James J. Kehoe, Elbert Velsor, Samuel R. Bertron, Sarah Carnes Weekes Hoppin and William Tripp and along the extension easterly of the southerly line of said property now or formerly of William Tripp to a point on the easterly line of a right-of-way running northerly to the highway known as the Cove Road and bordering properties now or formerly of William Tripp, William F. Ley or Fley and Samuel R. Bertron on the east; thence northerly along the easterly line of the highway known as the Cove Road; thence westerly along the southerly line of said highway known as the Cove Road to the point or place of beginning.
§ 320-5 Compliance required.
After the effective date of this chapter, no building or premises, or any part thereof, in the Village shall be used or maintained for any purposes other than the uses permitted therefor by this chapter. No building or part of a building in the Village shall be erected, enlarged, altered or maintained except in conformity with the provisions of this chapter, nor shall any building or part of a building in the Village be used or maintained if erected, enlarged or altered other than in conformity with the provisions of this chapter.