Woodsburgh City Zoning Code
ARTICLE I
General Provisions
§ 150-1 Title.
This chapter shall be known and may be cited as the "Building Zone Ordinance of the Village of Woodsburgh, Inc."
§ 150-2 Classifications of districts.
[Amended 11-27-1989 by L.L. No. 24-1989]
For the purposes of this chapter, the Village of Woodsburgh is hereby divided into four classes of districts, which are hereby designated as follows, as shown on the Building Zone Map which accompanies this chapter and which is hereby declared to be part of this chapter.[1] The districts designated on said map are hereby established. The district designations which accompany said Building Zone Map are hereby declared to be a part thereof.
Residence 2A District |
Residence 1A District |
Residence A District |
Residence B District |
Residence C District |
Residence D District |
[1]
Editor's Note: Said map is on file in the office of the Village Clerk.
§ 150-3 General regulations.
A.
No building or part of a building shall be erected, altered or used except in conformity with the regulations herein prescribed for the district in which such building is located. No building or premises shall be erected, altered or used for any purpose other than a purpose permitted in the district in which such building or premises is located, except that nothing in any provision of this chapter shall prevent the use by the Village of any land in any zone for the erection of a building or the use by the Village of any building in the discharge of its municipal functions or the proper care of municipal property, and in that connection, no building permit or certificate of occupancy shall be required.
[Amended 7-26-1954]
B.
No permit shall be issued for the erection or alteration of any building on any plot of which the whole or any part thereof, as a result of sale, division or segregation, diminishes below the minimum requirements of this chapter any adjoining plot which has been improved pursuant to this chapter or any ordinance heretofore in effect.
C.
No dwelling shall be constructed, erected or altered in Residence 2A, 1A or A Districts unless the same shall include a garage to accommodate a minimum of two automobiles, with sufficient driveway area for the proper ingress and egress of said automobiles.
[Added 11-8-1965; amended 11-27-1989 by L.L. No. 24-1989]
D.
No apartment building, multiple dwelling, hotel or any other building designed or intended to be used for the permanent or transient dwelling of more than one family may be hereafter erected within any building or residence district in the Village.
[Added 4-16-1979 by L.L. No. 6-1979]
E.
No dwelling shall be constructed, erected or altered in Residence B, C or D Districts unless the same shall include a garage to accommodate at least one automobile, with sufficient driveway area for the proper ingress or egress of said automobile or automobiles.
[Added 11-8-1965]
F.
No carports shall be permitted anywhere in the Village.
[Added 11-8-1965]
§ 150-4 Definitions and word usage.
A.
Words used in the present tense include the future; the singular number includes the plural; and the plural, the singular.
B. ACCESSORY BUILDING ACCESSORY USE APARTMENT HOUSE BUILDING BUILDING AREA CORNER LOT CURB LEVEL FAMILY FLOOR AREA RATIO FRONT LINE FRONT YARD GARAGE GRADE, NATURAL HEIGHT HEIGHT/SETBACK RATIO HOUSEKEEPING UNIT IMPERVIOUS SITE COVERAGE LOT NATURAL GRADE PRIVATE GARAGE PUBLIC GARAGE REAR LINE REAR YARD SHORT-TERM DWELLING UNIT(1) (2) SIDE YARD STORY STORY, HALF STREET STREET LINE STRUCTURE
Certain words in this chapter are defined, for purposes thereof, as follows:
A building subordinate to the main building and used for purposes customarily incidental to those of the main building, including a fallout shelter.
[Amended 1-15-1962]
A use customarily incidental and accessory to the principal use or building and located on the same lot therewith.
[Amended 1-15-1962]
A building which is either rented, leased, let or hired out to be occupied or is occupied as the abode, residence or home of three or more families living independently of each other.
Any structure having a roof, supported by columns or walls and intended for the shelter, housing or enclosure of people, animals or chattels.
[Amended 10-21-1968; 5-15-1989 by L.L. No. 16-1989]
The area determined by measuring around the exterior of the foundation walls or foundation structure of building, and shall include the floor area of porches, whether enclosed or not.
A parcel of land at the junction of two or more intersecting streets. All of such street lines shall be considered to be front property lines of the lot.
[Amended 7-16-2018 by L.L. No. 3-2018]
The elevation of the grade of the street in front of the lot as established by the village or other municipal authorities or, if not so established, then the elevation of such grade as it may actually exist.
Any number of persons related by blood, marriage or legal adoption and no more than two household servants or any number of persons who are not so related and no more than two household servants, all of whom live together in a unit which is the functional and factual equivalent of a traditional permanent familial unit with the cohesiveness of a traditional family and which is not a group of transients, boarders or persons in a temporary living arrangement.
[Amended 5-15-1989 by L.L. No. 16-1989]
The floor area of all buildings on a lot, including accessory buildings, divided by the total lot area, where the floor area is calculated for the purposes of this definition as the sum of the horizontal areas of all floors of the building(s), including interior balconies and mezzanines, but excluding unenclosed exterior balconies, decks or porches. All horizontal dimensions of each floor are to be measured from the exterior faces of the walls of each such floor, including all enclosed areas. In computing floor area, attic space having a headroom of less than seven feet, six inches, cellar space and basement space shall be excluded.
[Added 1-9-2001 by L.L. No. 1-2001]
The dividing line between a lot and the street to which it is adjacent.
[Added 2-24-2014 by L.L. No. 3-2014]
A yard across the full width of the lot extending from the front wall of the principal building to the front line of the lot. On a lot that contains neither an existing principal building nor a proposed building, the front yard shall extend from the front line of the lot to a distance equivalent to the minimum front yard setback required in the applicable zoning district.
[Amended 2-24-2014 by L.L. No. 3-2014]
Includes all garages situated upon the same lot, whatever may be the number, whether constructed in groups or separate from one another.
The elevation of the ground surface in its natural state, before man-made alterations.
[Added 4-25-1991 by L.L. No. 2-1991]
Of a building or structure, the vertical distance to the highest point of the roof for flat roofs; to the deckline of mansard roofs; and to the average height between eaves and the ridge for gable, hip and gambrel roofs, measured from the adjoining natural grade. In the event of any dispute as to the type of roof on a building, the Building Inspector shall determine which of the specified roof types is most closely similar. Notwithstanding any height limit contained in this chapter, a chimney or radio or television antenna may extend to a height no more than four feet higher than the adjacent roof height.
[Added 7-25-1988 by L.L. No. 2-1988; amended 4-25-1991 by L.L. No. 2-1991]
A standard which regulates the height of a building in relation to the mean grade of the corresponding portion of the lot line from which it is set back. The ratio forms an inclined plane beginning at the mean grade along the portion of the lot line from which the setback is measured and rises toward the building at the specified ratio. No part of any building, other than minor architectural features such as chimneys, skylights and dormer windows not covering more than 10% of the entire roof area, shall be permitted to extend above the inclined plane.
[Added 1-9-2001 by L.L. No. 1-2001]
Any number of persons related by blood, marriage or legal adoption and no more than two household servants or any number of persons who are not so related and no more than two household servants, all of whom live together in a unit which is the functional and factual equivalent of a traditional permanent familial unit with the cohesiveness of a traditional family and which is not a group of transients, boarders or persons in a temporary living arrangement.
[Added 10-21-1968; amended 5-15-1989 by L.L. No. 16-1989]
Those materials that do not permit the natural absorption and permeation by soils of rain or other surface water, including but not limited to concrete, asphalt, chemical treatment of soils or artificial ground covers as may be used in the construction of roads, pavement, walks, driveways, parking areas, patios and recreation facilities. Building and accessory use coverage is included in the calculations of impervious material coverage.
[Added 1-9-2001 by L.L. No. 1-2001]
A parcel of land occupied or designed or intended to be occupied by one principal building and the permitted accessory buildings or uses customarily incidental to it, including such open spaces as are arranged or designed to be used in connection with such building or use. The term "lot" includes the term "plot." A lot may or may not be the land shown as a lot on a duly recorded map or tax map. All adjoining parcels of land now or hereafter in common ownership, regardless of the nature of the constituent parcels or the date, source or manner of acquisition, and regardless of the actual usage thereof, shall be deemed merged into a single lot and shall not be subdivided or other transferred into separate ownerships without a prior partition or subdivision approval, or waiver thereof, as required by law.
[Amended 3-25-1996 by L.L. No. 2-1996]
See definition of "grade, natural."
[Added 4-25-1991 by L.L. No. 2-1991]
A building used for the storage of one or more automobiles owned and used by the owner or tenant of the lot on which it is erected, for a purpose accessory to the use of the lot.
A building other than a private garage, one or more stories in height and used for the storage or repair of automobiles.
The boundary line of a lot opposite to the front property line. A front line shall not be a rear line.
[Added 2-24-2014 by L.L. No. 3-2014]
A yard across the full width of the lot extending from the rear wall of the principal building to the rear line of the lot. On a lot that contains neither an existing principal building nor a proposed building, the rear yard shall extend from the rear line of the lot to a distance equivalent to the minimum rear yard setback required in the applicable zoning district.
[Amended 2-24-2014 by L.L. No. 3-2014]
[Added 7-16-2018 by L.L. No. 2-2018]
A property or dwelling unit occupied for residential use or habitation, including all single-family and two-family residences, apartments or other dwelling units, by one or more persons who are not the owner or a family member of the owner of such property or unit, and for which rent or other compensation of value is received by the owner and/or paid by the occupant, directly or indirectly, in exchange for such occupancy, for a period of less than 90 consecutive days. The term "short-term dwelling unit" shall not include any lawfully operating commercial hotel/motel business establishment operating exclusively for and catering to transient clientele. The presence of one or more of the following factors shall create a presumption that a property or dwelling unit is being used as a short-term dwelling unit:
The foregoing presumption may be rebutted by documentary or other evidence presented to and satisfactory to the Building Inspector that the dwelling unit is not a short-term dwelling unit.
A yard extending from the front yard to the rear yard between the building and the adjacent side line of the lot.
That portion of a building or structure included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the surface of the floor and the top of the ceiling beams next above it. A basement shall be counted as a story if the ceiling is more than four feet above the average level of the adjoining finished grade. Each basement in excess of one shall be counted as a story.
[Added 7-25-1988 by L.L. No. 2-1988]
An uppermost story in which the floor area has a clear height of at least seven and one-third feet and is 50% or less of the floor area of the story next beneath it.
[Added 7-25-1988 by L.L. No. 2-1988]
A street shown on the Official Map or plan of the village or any amendment or modification thereof or any existing state, county, town or village highway or a street shown upon a plot approved by the Planning Board as provided by the Village Law of the State of New York.
[Amended 2-9-1946]
The dividing line between a lot and the street to which it is adjacent.
[Amended 2-24-2014 by L.L. No. 3-2014]
A combination of materials other than a building to form a construction that is safe and stable and includes, among other things, billboards, advertising, signs of any kind, boundary walls and fences. The term "structure" shall be construed as though followed by the words "or part thereof."
[Added 10-21-1968]