Stewart Manor City Zoning Code
ARTICLE I
General Provisions
§ 200-1 Purpose.
This chapter has been prepared and adopted to amend the Zoning Code as it now exists. It updates and clarifies these zoning laws in accordance with a carefully studied plan for the Incorporated Village of Stewart Manor for the purpose of regulating the location, construction and utilization of buildings and the utilization of land by dividing the land within the Village into districts and prescribing land use regulations for each district.
§ 200-2 Title.
This chapter shall be known as the "Comprehensive Zoning Law of the Incorporated Village of Stewart Manor."
§ 200-3 Legislative intent.
This chapter is adopted pursuant to the Village Law of the State of New York for the protection and promotion of the public health, safety, morals and general welfare of the Village in the following respects:
A.
To protect and preserve the character and tranquility of the Village, as found in the desirability of the living environment provided by its residential neighborhood and the quality and economic soundness of its Business District, and assure that any further development in the Village will be in harmony with these characteristics.
B.
To provide a guiding pattern of land use and population density that represents the most appropriate use of land within the Village and is a normal and beneficial evolution of the planning that has guided the development of the Village from its first settlement as an integrated community.
C.
To aid in bringing about the most harmonious relation between the use of land and buildings and the movement and 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.
To provide for adequate light, air and other amenities.
E.
To protect social and economic stability and thus encourage orderly and beneficial development.
§ 200-4 Word usage.
Certain words and phrases used in this chapter, unless otherwise expressly stated, are defined as follows:
A.
Words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular, unless the obvious construction of the wording indicates otherwise. The word "shall" is mandatory.
B.
The word "used" shall be deemed also to include "designed, intended or arranged to be used"; the term "erected" shall be deemed also to include "constructed," "reconstructed," "altered," "placed" or "moved." The terms "land use" and "use of land" shall be deemed also to include "building use" and "use of a building."
§ 200-5 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
A supplemental building, the use of which is incidental to that of a main or principal building and located on the same lot therewith.
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
As applied to a building or structure, the change or rearrangement of the structural parts or in the exit facilities, or any enlargement, whether by extending on any side or by increasing in height, or the moving from one location to another. It does not include ordinary repairs to buildings or structures.
A retractable or removal canvas cover extending over or in front of a door or window as a shelter.
A story partly underground but having at least 1/2 of its cubical contents above the level of the adjoining ground. A "basement" shall be counted as a story.
A combination of materials forming a safe and stable construction, having a roof supported by columns or walls and intended for the housing or enclosure of persons or property.
The total number of square feet of horizontal surface covered by a building, including covered porches and accessory buildings. All measurements shall be made between exterior faces of walls, foundations, piers or other means of support above or below the ground level.
The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include 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 adjacent to the street walls and, in the case of pitched roofs, from the curb level to the main height level of the gable. Where no roof beams exist or there are parts of structures wholly or partly above the roof, the "height" shall be measured from the curb level to the level of the highest point of the building.
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A "cellar" shall not be considered in determining the permissible number of stories.
Any vehicle bearing commercial plates.
Any vehicle used in the operation of a business.
Any pickup truck unless it has been altered to become a passenger vehicle by the addition of rear seats or fittings for rear seats and enclosing the back.
Any van unless it has rear seats or fittings for rear seats and rear windows.
The mean level of the curb at the street frontage of the building where the mean curb level is highest. Where the "curb level" is not established or the building sets back from the street line, the average ground level adjoining the street wall of the building shall be considered the "curb level."
A flat, roofless wood platform, the floor of which is no higher than the floor of the first story.
The mean distance from the street line of a lot to the rear line, measured in the general direction of the side lines of a lot.
A path leading directly from the street to the garage or parking area.
Any building which is wholly or partly used or arranged, designed or intended to be occupied or used for living or sleeping by one or more human occupants.
[Added 11-13-2012 by L.L. No. 6-2012]
A building containing not more than one dwelling unit occupied exclusively for residential purposes.
[Amended 11-13-2012 by L.L. No. 6-2012]
A building containing two dwelling units occupied exclusively for residential purposes by families living independently of the other.
[Added 11-13-2012 by L.L. No. 6-2012]
A living unit containing two or more habitable rooms with provisions for living, cooking, eating, sanitary and sleeping facilities arranged for the use of one family.
[Added 11-13-2012 by L.L. No. 6-2012]
Any porch, veranda, gallery, terrace, piazza, portico or similar common projection from a main wall of a building, if covered by a roof and fully enclosed with outside walls having a window sash with permanently built-in window frames. Any other porch shall be deemed to be an "unenclosed porch."
For the purposes of this chapter, "family" shall be defined as follows:
[Amended 11-13-2012 by L.L. No. 6-2012]
One or more persons, whether or not related to each other by blood, marriage or adoption, all living together as a single, stable, permanent and bona fide housekeeping unit, so long as such persons together occupy and/or 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.
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; or if residency is temporary or transitional, either as part of an educational, medical, rehabilitation or treatment process, or otherwise.
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 television; 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 or 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 any 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 is occupied by one family (all as defined in this section). The presumption provided for in this subsection 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 subsection.
The Building Inspector (or any other person designated by the Mayor and Board of Trustees to enforce this chapter) shall make the primary determination as to the application of this definition of family for the purposes of compliance with any provisions of this Zoning Law and any other applicable rule, regulation, code or law, based upon an inspection of the premises, any information received from the residents thereof or any other persons or documentary or any other written evidence as to the condition of the premises or the relationship and living arrangements of the residents, in consultation with the Village Attorney, and the determination shall be presumed to be correct and final, subject to review of or appeal to the Board of Zoning Appeals and judicial review as provided by law.
Applies to any structure used or intended to be used as a fence constructed out of customary fencing material, with the exception of hedges, shrubs or other living plant life.
The sum of the gross horizontal areas of the several floors of a building, excluding cellar and basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between exterior faces of walls.
The distance between the front line of the building and the street line.
An accessory building or part of a primary building used mainly for the storage of passenger vehicles for occupants of the building as an accessory use.
The elevation of the center line of the streets as officially established by the Village, town, county or state authorities.
The average level before excavation of that portion of a plot enclosed or intended to be enclosed by the foundation of a building.
The office of a physician, dentist, architect, accountant, professional engineer or lawyer, provided that:
Such use is clearly incidental to the resident's use of the premises and is conducted entirely within a dwelling in which the practitioner resides.
Not more than two assistants or employees are employed.
Such use does not occupy more than 25% of the habitable floor area of the dwelling.
There is no display of goods or of advertising other than a professional nameplate.
There is no alteration or change to the building exterior which will change or modify the residential character or appearance thereof.
Such use does not have any feature which is annoying, offensive or harmful to public health, safety or general welfare by reason of noise, glare, vibration, odor, radiation, dust, fumes or undue traffic.
A space of 60 square feet or more in floor area, located in a dwelling or other structure, and designed or intended or actually so used for the preparation and cooking or warming of food.
[Added 11-13-2012 by L.L. No. 6-2012]
A space of less than 60 square feet in floor area, located in a dwelling or other structure, and designed and intended or actually so used for the preparation and cooking or warming of food.
[Added 11-13-2012 by L.L. No. 6-2012]
A parcel of land with or without buildings or structures located thereon, as surveyed and apportioned for sale or other purpose.
A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the "corner."
Any lot other than a corner lot.
Any building or structure which does not conform to the area, bulk, height, location or yard regulations prescribed for the district in which such building is situated.
Any use of land or of a building or structure which use does not conform to the use regulations prescribed for the district in which such land, building or structure is situated.
See "terrace."
Includes an individual person, a firm, a corporation, a partnership and any other association of persons.
A parcel of land, not necessarily coinciding with a lot or lots shown on a map of record, which plot is occupied, or to be occupied, by a building and its accessory buildings, if any, or by a group of buildings having any yard in common and the buildings accessory to such group, if any, together with the open spaces appurtenant to such building or group, which "plot" has frontage on a public street or on a street of record on the effective date of this chapter.
The mean horizontal distance from the front street line of a plot to its rear line.
The mean horizontal distance between the side lines of a plot.
The distance between the rear line of the building and the rear line of the lot.
A dwelling unit having no common walls, floors or ceilings with any other dwelling unit.
A dwelling unit having a common wall with one other dwelling unit.
Refers to both Residential District 5 and Residential 15 unless either is individually named or it is expressly stated otherwise.
[Added 11-2-1993 by L.L. No. 3-1993]
Applies to any structure used or intended to be used as a wall to hold back pressure as of water or sliding earth.
Any letter, word, model, banner, pennant, insignia, trade flag or illuminating device used as, or which is in the nature of, an advertisement, announcement or direction, which is designed or intended to attract the attention of persons not on the premises.
The portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, the underside of the ceiling or roof surface directly above it. A basement shall be counted as a "story" if 1/2 of its cubical contents are above the level of the adjoining ground.
A paved yard area, exclusive of driveways, driveway aprons or walks.
One where the provisions relating to a two-story building are complied with and where the main eaves are below the mid-height of the third story.
Any building where the area of the second floor is equal to at least 75% of the area of the first floor.
The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use nor negate the need for a permit for such use.
An open, unoccupied space, other than a court, on the same lot with a building or a building group, which open space lies between the building or building group and the nearest lot line and is unobstructed from the ground upward except for trees, shrubbery or other natural landscaping or as otherwise permitted in this chapter. The depth or width of a "yard," as the case may be, shall be measured from the nearest part of the building, to the nearest point of the lot line bounding the yard.
An open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. Enclosed porches shall be considered as part of the main building and shall not project into a required "front yard."
An unoccupied space, except for accessory buildings, on the same lot and extending from the rear line of the building to the rear line for the full width 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 yard.
§ 200-6 Amendments and changes.
The regulations, restrictions and boundaries enacted by this chapter may from time to time be amended, supplemented, changed and modified or repealed. However, no such regulation, restriction or boundary shall be amended, supplemented or changed until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in the official Village newspaper.
§ 200-7 Interpretation.
The provisions of this chapter shall be liberally construed in order to effectuate the purposes for which this chapter is enacted. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of the law or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards, courts or other open spaces than are imposed or required by such existing provisions of law or by such rules, regulations or permits or by such easements, covenants or agreements, the provisions of this chapter shall control.
§ 200-8 Severability.
If any part or parts of this chapter shall be held to be unconstitutional or in violation of any superseding federal or state statute, such unconstitutionality or invalidity shall not affect the validity of the remaining parts of this chapter. The Board of Trustees of the Village of Stewart Manor hereby declares that it would have adopted the remaining parts of this chapter if it had known that such part or parts thereof would be declared unconstitutional or otherwise invalid.