Village of Matinecock, NY Article I General Provisions

§ 195-1 Purpose.

There is hereby established a comprehensive zoning plan for the Village of Matinecock, Nassau County, New York (hereinafter referred to as the "Village"), which plan is set forth in the text, maps and schedules which constitute this chapter. Said plan is adopted for the protection and promotion of the public health, safety, morals and general welfare of the community as follows:

A. To guide the future growth and development of the Village in accordance with a comprehensive plan of land use and population density that represents the most beneficial and convenient relationships among the residential, nonresidential and public areas within the Village, considering the suitability of each area for such uses, as indicated by existing conditions, trends in population and mode of living, and having regard for the use of land and building development, considering such conditions and trends both within the Village and with respect to the relation of the Village to areas outside thereof.

B. To provide adequate light, air and privacy, to secure safety from fire, panic, flood and other danger and to prevent overcrowding of the land and undue congestion of population.

C. To protect the character and the social and economic stability of all parts of the Village and to encourage the orderly and beneficial development of all parts of the Village.

D. To protect and conserve the value of land throughout the Village and the value of buildings appropriate to the various districts established by this chapter.

E. To bring about the gradual conformity of the uses of land and buildings throughout the Village through the comprehensive zoning plan set forth in this chapter and to minimize the conflicts among the uses of land and buildings.

F. To promote the most beneficial relation between the uses of land and buildings and the circulation of the traffic throughout the Village, having particular regard to the avoidance of congestion in the streets and the provision of safe and convenient vehicular and pedestrian traffic movements appropriate in the various uses of land and buildings throughout the Village.

G. To provide a guide for public policy and action in the efficient provision of public facilities and services and for private enterprise in building developments relating to uses of land and buildings throughout the Village.

H. To limit development to an amount equal to the availability and capacity of public facilities and services.

I. To prevent the pollution of streams and ponds, to safeguard the water table and to encourage the wise use and sound management of the natural resources throughout the Village in order to preserve the integrity, mobility and beauty of the community and the value of the land.

§ 195-2 Short title.

This chapter shall be known as and may be cited as the "Village of Matinecock Zoning Ordinance."

§ 195-3 Word usage and definitions.

A. General construction of language.

(1) All words used in the present tense include the future tense, all words in the plural number include the singular number, and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise.

(2) Unless otherwise specified, all distances shall be measured horizontally.

(3) The word "Village" means the Village of Matinecock. The term "Village Board" means the Mayor and Board of Trustees of said Village; the term "Board of Appeals" means the Zoning Board of Appeals of said Village; the term "Planning Board" means the Village Planning Board of said Village; and the term "Village Plan" means the plan adopted by the Village Planning Board pursuant to § 7-722 of the Village Law.

(4) The word "shall" is mandatory and not directory.

B. Terms, phrases and words used in this chapter and not otherwise defined herein shall have the meaning given in the New York State Uniform Fire Prevention and Building Code.

[Amended 2-1-1997 by L.L. No. 1-1997]

C. For purposes of this chapter, certain words and terms used herein are defined as follows:

ACCESSORY DWELLING

An accessory building which is designed and equipped to be used for overnight habitable purposes for a single dwelling unit and is located on a lot which contains a principal dwelling.

[Added 7-15-2003 by L.L. No. 4-2003]

ALTER

To change or rearrange the structural parts or the exit facilities of a structure or to move a building from one location or position to another.

AREA, BUILDING

The total area of a lot covered by all buildings thereon, both principal and accessory, measured by the exterior dimensions of such buildings, but not including uncovered porches, steps and terraces.

AREA, FLOOR

The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior face of exterior walls or from the center line of walls separating two buildings, and excluding breezeway and garage areas and basement and attic floor areas used only for accessory uses.

BASEMENT

That portion of a building wholly or partly underground which extends no more than four feet above the adjoining finished grade.

BUILDING

Any structure having a roof supported by columns or by walls and intended for the shelter, housing or use of persons or the enclosure of animals or chattels. The term "building" shall also include the words "principal building," "accessory building" and "structure." The word "building" shall be construed as though followed by the words "or part thereof."

[Amended 6-23-1982 by L.L. No. 2-1982; 7-15-2003 by L.L. No. 4-2003]

BUILDING, ACCESSORY

A building or structure which is subordinate and accessory to the principal use or building on the same lot and which is used for purposes customarily incidental to those of the principal building, such as and including a private garage; private swimming pool and appurtenant bathhouse; swimming pool filtration equipment; generator, heating and air conditioning equipment and other similar mechanical equipment; private toolhouse; private children's playhouse; private tennis house, tennis court and other recreational courts; deck; patio; terrace; courtyard used for parking of motor vehicles; private riding ring; private stable; noncommercial greenhouse. Accessory dwellings are not permitted unless allowed pursuant to § 195-12B(8). Mailboxes, piers, gate posts, light poles, fences, statuaries and other similar structures which do not generate noise or activity shall not be deemed accessory buildings.

[Amended 7-18-2000 by L.L. No. 3-2000; 7-15-2003 by L.L. No. 4-2003]

BUILDING LENGTH

The least horizontal distance between the furthermost walls of a building.

BUILDING, PRINCIPAL

A building in which is conducted the main or principal use of the lot on which said building is situated.

CAMP

Any area of land or water, including any building or structure or group of buildings or structures, used for temporary or seasonal living, camping and/or sports and recreation purposes or activities, but excluding municipally owned areas and buildings or structures used by a municipality for such recreation purposes.

CAMP, DAY

Any camp as defined in this chapter offering day care, instruction, recreation, play or sports for adults or children and not qualifying as a private school as herein set forth.

COVERAGE

That percentage of the lot area covered by the combined area of all buildings or structures on the lot.

DRIVEWAY

An area surface either improved with gravel, crushed stone or other paving material or compacted, to be used or intended to be used to provide for vehicular access to a lot.

[Added 7-15-2003 by L.L. No. 4-2003]

DWELLING

A detached building designed or used exclusively as living quarters. The term shall not be deemed to include an automobile court, motel, boardinghouse or rooming house, mobile house trailer, tourist home or tent.

[Amended 7-15-2003 by L.L. No. 4-2003]

DWELLING, ONE-FAMILY

A dwelling containing one dwelling unit only.

DWELLING UNIT

A building or portion thereof providing complete housekeeping facilities for one family.

FAMILY

One or more persons occupying a dwelling unit and living as a single housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond.

FARM, FARM USE AND CUSTOMARY FARM OCCUPATION

(1) FARM or FARM USE - The use of a parcel of land, either as a principal or accessory use, for the purpose of producing agricultural, horticultural, floricultural, vegetable and fruit products of the soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides, but shall not include the breeding, raising or maintaining of fur-bearing animals, riding academies, livery stables or animal kennels. A garden, accessory to a residential use, shall not be deemed a farm or farm use.

(2) CUSTOMARY FARM OCCUPATION - The conducting of usual farm activities and shall include the processing of the products of only the farm on which such processing is conducted.

FILED MAP

Any map, survey or plat filed in the County Clerk's office of Nassau County.

FRONTAGE

The extent of a building or a lot along a street.

GARAGE, PRIVATE

An accessory building or part of a main building used only for the permitted storage of motor vehicles.

GRADE, FINISHED

The finished grade of any point along the wall of a building shall be the elevation of the completed surfaces of lawns, walks and roads adjoining the wall at that point.

HEIGHT OF BUILDING

The vertical distance from the average established grade in front of the lot or from the average natural grade at the building line, if higher, to the level of the highest point of the roof. When a lot fronts on two or more streets of different levels, the lower street, or the average elevation of the lot with regard to the abutting streets, may be taken as the base for measuring the height of the building. Chimneys extending not more than three feet above the highest point of the roof shall not be included in building height. For an accessory building having a roof with a pitch equal to or greater than six over 12 feet, the building height shall be the vertical distance measured to the midpoint between the highest and lowest points of the roof. An accessory building, regardless of roof type, shall not exceed one story.

[Amended 7-15-2003 by L.L. No. 4-2003]

HOME OCCUPATION

An accessory use of a character customarily conducted entirely within a dwelling by the residents thereof, using only customary home appliances, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character thereof, does not have any exterior evidence of such secondary use other than a small nameplate not over two square feet in area and does not involve the keeping of a stock-in-trade. The conducting of a clinic, hospital, barbershop, beauty parlor, photographer salon, tea room, tourist home, real estate office, animal hospital, dancing instruction, music instruction, band instrument instruction in groups, convalescent home, funeral home, stores of any kind or any similar use shall not be deemed to be a home occupation.

IMPROVED SURFACES

All buildings, as defined herein, as well as all areas on the ground or elevated above the ground which are comprised of materials such as asphalt, concrete, masonry, wood, gravel or partially opened paving stones, and including elements such as swimming pools, courtyards, volleyball courts, tennis courts and other recreational courts, decks, patios, terraces and driveways.

[Added 7-15-2003 by L.L. No. 4-2003]

LOT

A parcel of land, not divided by streets, devoted or to be devoted to a particular use or occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, and having its principal frontage on a street or on such other means of access as may be deemed in accordance with the provisions of law to be adequate as a condition of the issuance of a building permit for a building or buildings on such land.

LOT AREA

The land area within the legal boundaries of a lot measured from the street line (if applicable) to the outer boundary lines of a lot, excluding any portion of the lot which:

[Amended 7-15-2003 by L.L. No. 4-2003; 9-9-2008 by L.L. No. 2-2008]

(1) Has less than 1/2 of the minimum lot width;

(2) Lies within a driveway, right-of-way or access easement benefitting lands of another;

(3) Is under water, to the extent that the portion under water exceeds 10% of the minimum lot area for the zoning district in which the lot lies; and

(4) Contains lands with extremely steep slopes, and for lands with very steep slopes, 50% of the area of the lot that contains very steep slopes shall be excluded from lot area, except for those lots within the R-5A Zoning District. For lots within the Five-Acre ZoningDistrict, land with very steep slopes shall not be excluded from lot area if at least 43,560 square feet of contiguous area that lies within the allowable buildable area contains land with topographical gradient less than 15%. All slopeland exclusions to lot area herein are applicable only to lots that are approved by the Planning Board after June 1, 2008.

LOT, CORNER

A lot of which at least two adjacent sides each abut for a distance of 50 feet or more on streets or public places. Any other lot is an interior lot. The owner, when first applying for a building permit, shall designate which of the two streets is to be the principal frontage for the purpose of establishing the front, rear and side yard requirements of the lot.

LOT DEPTH

The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.

LOT LINES

The property lines bounding a lot as defined herein.

(1) LOT LINE, FRONT - In the case of a lot abutting upon only one street, the line separating the lot from the street. In the case of any other lot, the owner shall, for the purpose of this chapter, have the privilege of electing any street lot line as the front lot line.

(2) LOT LINE, REAR - The lot line which is generally opposite the front lot line. If the rear lot line is less than 10 feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.

(3) LOT LINE, SIDE - The property line or lines extending from the front lot line to the rear lot line.

LOT, THROUGH

A lot having frontage on two parallel or approximately parallel streets and extending from street to street. The front yard regulations shall apply on each street.

LOT WIDTH

The horizontal distance between the side lot lines, measured at right angles to the lot depth.

[Amended 7-15-2003 by L.L. No. 4-2003]

NONCONFORMING USE

A use of a building or of land that does not conform to the regulations as to use in the district in which it is situated, which use was lawful at the time this chapter or amendments thereto became effective.

OFFICIAL MAP

A map adopted by the Village Board showing streets, highways and parks already laid out, adopted and established by law. Drainage systems may also be shown on this map.

PARK

The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

[Added 2-1-1997 by L.L. No. 1-1997]

PARKING AREA

An off-street area containing one or more parking spaces, with passageways and driveways appurtenant thereto. In general, there shall be an average of about 350 square feet of parking area per parking space.

PARKING SPACE

An off-street space available for the parking of one motor vehicle on a transient basis and having a width of nine feet and an area of not less than 190 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct usable access to a street.

SCHOOL, PRIVATE

[Amended 7-15-2003 by L.L. No. 4-2003]

(1) Includes the following: parochial or church-conducted primary and secondary schools and (private) nursery, kindergarten, primary and secondary schools either chartered by the Regents of the University of the State of New York or approved by and under the supervision of the New York State Department of Education or chartered by a special act of the legislature; which parochial and private primary schools shall furnish academic instruction as required by § 3204 of the Education Law, and all of which enumerated schools shall have curricula similar to those of public schools approved by said Regents or said Department and shall give regular instruction to pupils at least five days a week (holidays in any week excepted) for not less than nine consecutive months in each year, but which schools shall be conducted only during the period between September 1 and July 1 of each year (a period coextensive with the period during which public schools are required to be in session), and all of which secondary schools shall give examinations which are no less stringent than regents examinations; provided, however, such schools may also conduct summer educational programs devoted to subjects or activities which are part of, or similar to, the regular school curriculum.

(2) The foregoing enumeration shall in no case include schools, though chartered, giving special or limited instruction, that is: trade schools, business schools or vocational schools, such as, but not limited to, music schools, drama schools, art schools, automobile driving schools, real estate and insurance schools, radio and television schools, beauty culture and massage schools, charm schools, fashion schools, interior decorating schools, swimming schools, dancing schools, barber schools and other similar types of schools.

SIGN

Any device for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public. For the purposes of this chapter, signs shall be divided into five categories, namely advertising, announcement, business, official road and real estate, all of such being more specifically defined in this section. For the purposes of this chapter, signs shall be considered to be structures and shall be subject to all regulations applicable to structures.

SIGN, ADVERTISING

Any sign advertising the sale of goods, the performance of services or the name or location of a proprietor not located on the lot upon which the sign is displayed. Billboards and similar signs shall be included in the term "advertising sign."

SIGN, ANNOUNCEMENT

Any sign used to announce the use of the lot upon which displayed for a professional office, home occupation or religious, charitable or other institutional use.

SIGN, BUSINESS

Any sign used to advertise the use of the lot on which displayed for the sale of goods, the performance of services or the name or location of the proprietor, but not including a real estate sign. Such sign may be located on or attached to a wall of a building, but not projecting above the highest point of the roof of such building, or may be freestanding.

SIGN, OFFICIAL ROAD

Any sign erected by a Village, town, county or state agency and used to inform, control or direct traffic on a street.

SIGN, REAL ESTATE

Any sign used to advertise the sale, lease, rental, availability or location of real estate or housing development, including the seasonal use type of development. Such signs shall be further classified and defined into three groups, as follows:

(1) SALE OR LEASE SIGN - A real estate sign used to advertise the sale or lease of only the particular building or lot on which such sign is displayed.

(2) REAL ESTATE DEVELOPMENT SIGN - A real estate sign used to advertise the sale or lease of building lots or buildings, part of a subdivision, or other real estate development and located within the boundaries of such subdivision or development.

(3) SEASONAL USE SIGN - A real estate sign used to advertise the availability of seasonal housing or seasonal facilities or to direct the public thereto.

SIGN SIZE

The area which results by multiplying the outside dimensions of a sign, not including the vertical, horizontal or diagonal supports which may affix the sign to the ground or to a structure or building. Where the sign consists of individual letters or symbols attached to or painted on a building, the area shall be considered to be that of the smallest rectangle which encompasses all of the letters or symbols.

SLOPELANDS

Slopelands shall consist of steep slope, verysteep slope, and extremelysteep slope measured from original natural grade in two foot intervals, covering an area of 750 square feet or greater and with a minimum horizontal width of at least 25 feet as follows:

[Added 9-9-2008 by L.L. No. 2-2008]

(1) STEEP SLOPE All areas of land with a topographical gradient equal to or greater than 15% but less than 25%.

(2) VERY STEEP SLOPE All areas of landwith a topographical gradient equal to or greater than 25%, but less than 35%.

(3) EXTREMELY STEEP SLOPE All areas of land with a topographical gradient equal to or greater than 35%.

STAND, ROADSIDE

Any building or structure, with or without walls or roof, used to display and store produce and other farm products intended to be sold at retail to the traveling public.

STORY

That 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, then the space between the floor and the ceiling next above it. A basement shall be counted as a story if the ceiling is more than four feet above the level from which the height of the building is measured or if it is used for business purposes or for dwelling purposes by other than a janitor or watchman.

STORY, HALF

A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.

STREET

A way which is an existing state, county or Village highway or a way shown upon a subdivision plat approved by the Village Planning Board as provided by law or on a plat duly filed and recorded in the office of the County Clerk.

STRUCTURE

Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

SWIMMING POOL

Any artificial body of water or receptacle for water having a depth at any point greater than 18 inches and used or intended to be used for swimming or bathing and permanently constructed, installed or maintained in or above the ground out of doors.

TERRACE

An uncovered, flat platform of earth with or without a surface material or retaining walls.

USABLE OPEN SPACE

A portion of the ground area of a lot which is available and accessible to all occupants of a dwelling unit or dwelling units on said lot for outdoor recreation use, which area is not devoted to driveways or parking spaces, is at least 25 feet in minimum dimension and has no more than 10% of its area with a grade of more than 5%.

USE

The specific purpose for which land, water or a building or structure is designed, arranged or intended or for which it is or may be occupied or maintained.

VEHICLE

Every device in, upon or by which any person or property is or may be transported or drawn upon a roadway, except devices designated to be moved by human power.

[Added 2-1-1997 by L.L. No. 1-1997]

VEHICLE, COMMERCIAL

Vehicles used primarily in business and industry, including vans, trucks, tractors, trailers, tractor-trailer combinations and tractor-semitrailer combinations, buses and taxicabs.

[Added 2-1-1997 by L.L. No. 1-1997]

WILDLIFE PRESERVE

Property that is owned by a nonprofit 501c corporation, whose primary purpose is to preserve, protect and conserve the land, open space and natural wildlife habitats for the benefit of present and future generations ("wildlife organization") and is used solely for passive conservation and environmental purposes for limited-size groups.

[Added 10-17-2017 by L.L. No. 2-2017]

YARD

An open space on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as may be specifically authorized in this chapter. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line, and the measurement shall be taken at right angles from the line of the building as defined herein to the nearest lot line.

YARD, FRONT

A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.

YARD, REAR

A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.

YARD, SIDE

A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either such yard, to the front and rear lot line, as the case may be.