Village of Matinecock, NY Use and Area Regulations

Lot for every building. Every building hereafter erected shall be located on a lot as herein defined, and, except as herein provided, there shall be not more than one main building and its accessory buildings on one lot, except for nonresidential buildings in districts where such uses are permitted.

Yard and open space for every building. No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other building. No yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot.

Subdivision of a lot. Where a lot is formed hereafter from the part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection, alteration or use of a building on the new lot thus created unless it complies with all the provisions of this chapter.

Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how the requirements of this chapter shall be applied.

Lots under water or subject to flooding. No more than 10% of the minimum area requirements of a lot may be fulfilled by land which is under water or subject to periodic flooding. Land which is under water that is open to use by persons other than the owner of the lot shall be excluded entirely from the computation of the minimum area of that lot. For the purposes of this subsection, land in the bed of a stream not exceeding five feet in width at mean water level and land in any pond not exceeding 150 square feet in area shall not be considered as under water.

Required street frontage. No building permit shall be issued for any structure unless the lot upon which that structure is to be built has the required frontage of at least 50 feet on a street or highway as defined in § 7-736 of the Village Law, which street or highway shall have been suitably improved or a bond posted therefor to the satisfaction of the Village Board or Planning Board as provided in the Village Law.

New building on lots less than the minimum area. A permit may be issued for the erection, alteration or use of a building on a lot or parcel for which a valid conveyance has been recorded prior to the adoption of this chapter, notwithstanding that the area of such lot or parcel is less than that required for the district in which such parcel or lot lies, provided that all yard setbacks and other requirements which are in effect at the time of the obtaining of the building permit are complied with, insofar as such is feasible, and provided that the owner of such a lot or parcel does not own other lots or parcels contiguous thereto. If this is the case, such other lots or parcels, or so much thereof as might be necessary, shall be combined with the original lot or parcel to make a single conforming lot or parcel, whereupon a permit may be issued, but only for such combined lots or parcels even though their total is less in area than required by this chapter for the district in which they lie. In the case of contiguous lots or parcels acquired by a municipal corporation through foreclosure or other proceedings prior or subsequent to the adoption of this chapter, these lots or parcels shall be sold in such manner that they may comply with the requirements of this subsection.

Yards, yard improvements, building projections and setbacks.

[Amended 4-18-2000 by L.L. No. 2-2000; 7-15-2003 by L.L. No. 4-2003]

Porches. No porch may project into any required yard. Any two-story or any enclosed porch, or one having a roof and capable of being enclosed, shall be considered a part of the building in determining the yard requirements or amount of lot coverage.

Projecting horizontal architectural features. Architectural features, such as windowsills, belt courses, chimneys, cornices, eaves or bay windows, shall not project more than three feet into any required yard. The sum of any bay window projections on any wall shall not exceed 1/4 the length of said wall.

Fire escapes. Open fire escapes may extend into any required yard not more than six feet.

Fences and walls.

No fence shall be erected or constructed on any premises without a permit. For the purpose of this subsection, a fence shall include, but not be limited to, a wall, pier or other structure constructed in the nature of a fence. A fence, excluding gates, shall not exceed 61/2 feet in height measured from the existing natural grade. A fence shall be of the material and design compatible with the surrounding adjoining properties installed with the finished side facing out towards the property boundary lines. Whenever possible, fence posts shall be constructed on the interior side of the fence, unless the fence has two finished sides.

The Building Inspector may require that an applicant for a fence permit submit a current property survey, an affidavit of the owner that the fence will be installed on his property and evidence that the applicant has notified all adjacent landowners by certified mail, return receipt requested, of the permit application.

The fee for a fence permit shall be $50.

Corner lots. On a corner lot there shall be provided a side yard on the side street equal in depth to the required front yard on said lot.

Visibility at intersections. On a corner lot no fence, wall, hedge or other structure or planting more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 30 feet distant from the point of intersection measured along said street lines. The height of three feet shall be measured above the road surface at the nearest edge of the road traveled way. This subsection shall not apply to existing trees, provided that no branches are closer than six feet to the ground.

Projecting features above the roof level. The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads or similar features and necessary mechanical appurtenances usually carried above the roof level. These features, however, shall be erected only to a height necessary to accomplish the purpose they are intended to serve. The total area covered by such features shall not exceed 15% of the area of the roof on which they are located, and in the case of communication-receiving antennas they shall not exceed 30 feet in height above the roof level.

Minimum dwelling unit size. No dwelling unit created subsequent to the adoption of this chapter shall have a habitable floor area of less than that required in § 195-14. Such habitable floor area shall include all floor area used for human occupancy within the exterior walls of the buildings but shall not include open porches or breezeways, basements, uninhabitable or unfinished attic space or space with a headroom of less than seven feet six inches. No church, club, private college, university or school shall have a usable floor area less than that set forth in Item 12 of § 195-14 hereof.

Storage and parking of vehicles and boats.

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

The following vehicles shall not be parked between the hours of 6:00 p.m. and 6:00 a.m. or stored on any private property within the Village:

Commercial vehicles.

Construction, excavation or grading equipment.

Unregistered vehicles.

Mobile homes, motor homes, recreational vehicles or any similar vehicle designed to be used for human habitation or trailers or semitrailers.

Subsection D(1) shall not prohibit the delivery or pickup of merchandise nor prohibit the parking of commercial vehicles or construction, excavation or grading equipment on private property, the use of which is required to perform bona fide repair of or duly authorized construction at the premises or a recognized municipal purpose. Subsection D(1) shall not apply to a vehicle if it is parked or stored in a fully enclosed building.

No houseboat, boat, ship, cruiser, rowboat, skiff or other marine vessel or vessel as defined in the Navigation Law shall be stored on any private property within the Village for more than 30 days during any calendar year unless the same shall be stored within a fully enclosed private garage or at a location where said vessel is concealed at all times from neighboring property.

In the R-10 (10,000 square feet) and R-15 (15,000 square feet) Zoning Districts of the Village, the following are permitted, notwithstanding the restrictions of Subsection D(1) and (3):

No more than two, or a combination of, pickup trucks or vans, provided that each vehicle does not exceed 18 feet in length.

No more than one unregistered vehicle for a period not to exceed 30 days.

No more than one recreational vehicle, provided that the vehicle does not exceed 24 feet in length and 10 feet in height.

No more than one vessel, provided that the vessel does not exceed 24 feet in length and 10 feet in height.

Rentals.

[Added 12-15-2020 by L.L. No. 1-2020]

Only the renting, leasing or letting of a principal dwelling by a homeowner to be occupied by another single family or individual for 30 consecutive days or more while the owner does not occupy the premises is permitted. All other rentals are prohibited. No more than two such rentals, leasings or lettings may occur in any 365-day period. The rental, leasing or letting for a term of less than 30 consecutive days in a 365-day period is prohibited. The homeowner must notify the Village Clerk and Village Police Department of the name and contact telephone number of the individual(s) occupying the premises upon any renting, leasing or letting authorized under this subsection.

There shall be no multiple occupancies or letting of individual rooms at any time.

Any person aggrieved by this subsection may apply to the Board of Trustees for relief based upon a showing of an individual hardship.

No property in the Village may be rented for any commercial use or purpose, unless approved by the Board of Trustees.

The Board of Trustees may adopt, by resolution, rules and regulations to help implement this subsection.

§ 195-11 Interpretation of schedules.

The following schedules of regulations list and define the uses of land and buildings, the height of buildings, the yards and other open space to be provided in connection with buildings, the area of lots and other matters. It is the intention that the uses set forth for each district shall not be permitted uses in following districts unless allowed specifically or by reference as permitted uses in said following districts. Only those uses listed for each district as being permitted shall be permitted. A use not listed specifically or by reference as being permitted in a district shall be deemed a nonpermitted use in that district.

§ 195-12 Schedule of uses for all rural and residence districts.

Permitted principal uses are as follows:

Detached single-family dwellings.

Churches for public worship and other strictly religious uses and in accordance with the discipline, rules and usages of the religious corporation which will own, support and maintain such church and the ecclesiastical governing body, if any, to which such corporation is subject, the membership of which church shall be at least partially composed of Village inhabitants, said use to be subject to the applicable standards and requirements set forth in §§ 195-15 and 195-16, inclusive, and § 195-19 hereof. Such use shall include accessory uses on the same lot and customarily incidental and subordinate to such use as a church.

Pumping, storage, sale and distribution of water, including water towers, when approved by and made subject to conditions imposed by the Board of Trustees after written application thereto and the issuance of a permit.

Incorporated nonprofit clubs for outdoor recreation, expressly excepting any club a chief activity of which is a service customarily carried on as a gainful business, subject to the applicable standards and requirements set forth in §§ 195-15 and 195-16, inclusive, and § 195-18.

Indoor tennis court nonprofit clubs with respect to a tennis court building in existence at the time of the enactment of this chapter with at least two acres surrounding the same.

Public primary and secondary schools and other schools conducted by trustees of school districts under Article 89 of the Education Law, with customary accessory uses.

State universities, colleges and schools and community colleges, with customary accessory uses.

(8)

Private colleges and universities chartered by the Regents of the University of the State of New York or by special act of the legislature, including accessory uses on the same lot and customarily incidental and subordinate to the main use, subject to the applicable standards and requirements set forth in §§ 195-15 and 195-16, inclusive, and § 195-17 hereof.

(9)

Private schools as hereinbefore defined, including accessory uses on the same lot and customarily incidental and subordinate to such use as a school, subject to the applicable standards and requirements set forth in §§ 195-15 and 195-16, inclusive, and § 195-17 hereof. Such permitted private schools shall in no event be deemed to include any camp as is hereinbefore defined, which said use is hereby expressly prohibited.

(10)

Farm dwellings, subject to the applicable standards and requirements set forth in §§ 195-15 and 195-16, inclusive, and § 195-20 hereof.

[Added 4-17-1979 by L.L. No. 2-1979]

(11)

Wildlife preserve.

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

Wildlife preserve used solely for limited passive conservation and environmental purposes for limited-size groups for activities limited to trail walks, educational and nature studies, subject to the following conditions and requirements:

[1]

Active recreational or sports use, including, but not limited to, camping, picnicking, open fires, ATV and other motorized vehicles, bicycles and public events or commercial uses are prohibited;

[2]

May only be used during the daylight hours;

[3]

The design, location and size of any visitor parking area must be located on site and approved by the Board of Trustees;

[4]

No parking shall be permitted on public or private roads, unless approved in advance by the Board of Trustees and shall be limited only to special events;

[5]

No construction shall be permitted without the prior approval of the Board of Trustees following a demonstration that the proposed construction is necessary and required to further the primary purposes of the wildlife preserve; and

[6]

All construction shall comply with all zoning dimensional regulations for the R-5A Zoning District notwithstanding the zoning district the wildlife preserve is located in.

From time to time, the Board of Trustees may, by resolution, promulgate rules and regulations further regulating the use and activities permitted or occurring at a wildlife preserve to ensure and protect the health, safety and welfare of Village residents and neighboring properties. The wildlife organization shall be responsible for enforcing that its attendees comply with all rules and regulations duly established by the Village.

Permitted accessory uses are as follows:

Animals and horticulture.

[Amended 10-25-1978 by L.L. No. 3-1978; 7-15-2003 by L.L. No. 4-2003]

Keeping of dogs.

Horticulture, including noncommercial greenhouses, provided that no fertilizer is stored within 100 feet of any such boundary line unless kept in airtight storage.

With respect to the accessory uses enumerated in Subsection B(1)(a) and (b), the uses shall be noncommercial and all buildings and structures used in connection with such use shall be set back at least 75 feet from each boundary line of the lot and at least 100 feet from all street lines. Buildings and structures used as a dog kennel or enclosed dog run shall be set back at least 500 feet from every boundary line and street line.

The keeping of horses or livestock on a lot in a residential district only for the personal use of occupants of a dwelling on such lot and provided that there is compliance with the following standards and conditions:

[Added 10-25-1978 by L.L. No. 3-1978]

No such use shall be permitted on lots having less than two acres of land.

The number of horses and livestock and the number of stalls and structural facilities reasonably necessary for the shelter of the same permitted on each lot shall not exceed the following: two horses or livestock (in any aggregate combination) for the first two acres of lot area plus one additional horse or livestock for each additional acre of lot area, subject to the provisions of Subsection B(2)(h) below.

Any such horse or livestock shall be beneficially owned in fact, as well as in title, solely by the resident occupants of the lot, who shall, upon written request of the Building Inspector, produce a sworn affidavit and other reasonable evidence of said ownership.

The boarding or keeping on any lot of horses or livestock owned by or for the use or benefit of persons other than those who are the resident occupants of such lot is strictly prohibited.

(e)

All grain-type feed shall be kept in rodent-proof metal containers.

(f)

No manure shall be stored or permitted to accumulate within 100 feet from any boundary line. The Building Inspector shall approve the storage area for manure, and it shall be treated in such a manner so that it shall not create any odor or attract or harbor any rodents, flies or other insects or create any nuisance to the adjoining properties.

(g)

The location of stables, barns and sheds used to shelter horses and livestock shall be subject to the setback requirements for a main building as set forth in § 195-14 and, in addition, shall be set back 100 feet from any principal dwelling on any adjacent lots, except that any private riding ring, private paddock, corral fencing or other roofless enclosure for horses and livestock and any unenclosed area for their unattended maintenance shall be located not less than 75 feet from any side or rear boundary line, 75 feet from any front boundary line and 100 feet from any principal dwelling on any adjacent lot.

(h)

No person shall keep more than five horses or livestock on any one lot irrespective of its area unless a special permit for the same is authorized and approved by the Board of Appeals in a manner and in accordance with the standards stipulated in §§ 195-15 and 195-16 of this chapter.

The carrying on of a home occupation by a person residing in the dwelling unit in which such home occupation is carried on, provided that there is no display of goods or advertising visible from any street, that no assistant is employed and that no mechanical or electrical equipment is used, except ordinary household equipment, and provided that the space so used does not occupy more than 1/4 of the total floor area of the dwelling unit and provided, further, that such home occupation is not carried on in any accessory building.

Real estate activities of an owner or of his duly authorized agent in connection with his property within the Village.

The office or studio of a physician, surgeon, architect, dentist, teacher, painter or sculptor, musician, lawyer or engineer residing in the dwelling unit in which such office or studio is located, provided that:

There is no display or advertising on the premises in connection with such use, except for a professional nameplate not over one square foot in area, provided that said nameplate shall comply with the provisions of Article V of this chapter;

Such studio or office does not occupy more space than the equivalent of 1/3 of the area of one floor of such dwelling and such use is merely incidental to the use of such dwelling unit primarily for residential purposes;

Any such musician's studio is equipped and used in such a manner that sounds therefrom are not unduly annoying to other persons on nearby premises or public places;

No assistants, whether paid or not, may participate in such use, except that one assistant may be employed if the nature of the profession is such as to require an assistant;

(e)

No use shall be made of more than one building in connection with such professional use; and

(f)

Such professional use by the artist shall not be deemed to include the right to engage in wholesale or retail trade, as such term is ordinarily understood.

Accessory buildings.

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