Village of Amityville, NY
Suffolk County
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Table of Contents
Table of Contents
Where a use is allowed under this chapter in a residence district only if approval of the Zoning Board of Appeals is obtained, the clause is not severable, and such use is deemed prohibited under this chapter unless the Board grants such approval.
A. 
No lot shall be so reduced that the dimension of any of the open spaces shall be smaller than herein prescribed.
B. 
No yard or other open space required about any building for the purpose of complying with this chapter shall be used as the yard or other open space for another building on the same lot.
C. 
Where a lot is formed from a larger plot already occupied by a building, the separation shall be effected in such manner as not to impair the provisions of this chapter with respect to existing buildings, and no permit shall be granted for the erection of a building on the new lot thus created unless it complies with the provisions of this chapter.
D. 
Where a front yard or frontage is required with respect to any building, such yard and frontage to the width required shall extend for the entire distance between the building and the street on which the lot fronts.
A. 
No detached accessory building shall be nearer the front street line than 60 feet.
B. 
A garage attached to or connected with a dwelling by a covered porch or breezeway shall not be required to be set back from the street line a greater distance than the main building.
C. 
No setback from a rear lot line shall be required in the case of a boathouse.
Notwithstanding any other provisions of this chapter, where reference is made to lot area or street frontage requirements in any and all use zones, and further reference to exceptions as to a lot in single and separate ownership as of a certain date, a combining of a substandard plot with another substandard plot or with a conforming plot into single ownership shall constitute a merger of such plots, and thereafter use of such merged plots shall be in accordance with the requirements of this chapter in effect at the time of such merger. When such merger shall have been so effected, then to the extent that such merger shall have increased the size of the single ownership plot, the single and separate ownership exceptions to the requirements of this chapter shall still be applicable, and this interpretation shall apply in all zones.
A. 
It shall be unlawful to divide a parcel of land into two or more lots which will result in the creation of one or more undersized or substandard-sized plots with relation to area and street frontage requirements in force at the time of the division without a variance from the Zoning Board of Appeals.
B. 
It shall be unlawful to divide a parcel of land into two or more lots without the approval of the Planning Board. No such subdivision shall be approved unless there is a stormwater pollution prevention plan for said lots which is in conformance with the requirements of Chapter 150 of the Code.
It shall be a violation of this Code to solicit or advertise, for purposes of selling or renting property or portions of property in the Village, that such property or portions thereof may be used for purposes which would constitute a violation of this Code.
Every apartment or dwelling unit in a two-family dwelling or a multiple dwelling shall contain a minimum of 500 square feet of habitable floor space.
A. 
No fence, trellis, pergola or other similar structure shall be erected without a fence permit issued by the Code Enforcement Officer. No such structure shall exceed the following heights, as measured from the average grade adjacent to said structure, or be of a different design as hereafter specified, without a special exception from the Zoning Board of Appeals:
(1) 
Four feet in height of nonsolid and see-through design in the front yard of any parcel, and in the portion of any yard of any premises abutting a waterway in the Village.
(2) 
Five feet in height of either solid or nonsolid design from the front building line in the side or rear yard of any parcel except waterfront parcels.
(3) 
Six feet in height of either solid or nonsolid design from the front building line in the side or rear yard of any parcel adjacent to property used for nonresidential purposes.
B. 
Any fence which has a finished and an unfinished side shall be installed with the finished side facing the abutting property.
C. 
No fence shall have barb wire or any razor-like wire.
D. 
The design of the fence shall be the same or substantially similar to one of the samples in Exhibit A at the end of this chapter.
E. 
The Board of Trustees shall establish the fee for fence permits by resolution.
No public garage and no gasoline service station shall be erected, or substantially altered, within 200 feet of any premises used for residential purposes in the Village without a special use permit from the Board of Trustees in accordance with § 7-725-b of the Village Law. Said special use permit shall be in addition to any relief required from the Zoning Board of Appeals and the Planning Board by this Code.
A. 
The minimum lot area required for any fast-food establishment shall be 40,000 square feet.
B. 
Any parcel containing a fast-food establishment that abuts any other parcel that is zoned or used for residential use or for any noncommercial or nonindustrial purpose shall contain a planted buffer area at least 20 feet in width, which shall also contain an earth berm. The plantings in the buffer area shall consist of such permanent high-growing evergreen and flowering woody plants and low- to moderate-level vegetation as the Planning Board shall direct.
C. 
No external speakers or amplified music shall be permitted.
D. 
A stacking lane, servicing the drive-in, drive-through or drive-up window or windows shall be provided, which shall accommodate no less than 10 cars.
In a Business or Industrial District, no building shall be erected or altered more than 200 feet from any public street without the approval of the Board of Trustees.
The Board of Trustees may from time to time amend, supplement, change, modify or repeal this chapter, including the Building Zone Map, after a public hearing as provided in this article.
The Board of Trustees shall fix the time and place of the hearing required in § 183-142 and cause at least 15 days' notice thereof to be given by the publication of a notice in a newspaper of general circulation in the Village specifying the time and place of such hearing and stating the general nature of the proposed amendment or change.
Whenever the owners of 50% or more of the frontage in any area of substantial size shall present to the Board of Trustees a petition duly signed and acknowledged requesting an amendment, supplement, change, modification or repeal of the regulations prescribed or of the Building Zone Map, it shall be the duty of the Board of Trustees to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed in § 183-143.
[Amended 1-24-2011 by L.L. No. 1-2011]
Upon the filing of any petition with the Board of Trustees in accordance with § 183-144, or upon the written application of a property owner to rezone his property by local law, there shall be a fee paid to the Village Clerk as set by the Board of Trustees by resolution.
It shall be unlawful for the owner or occupant of a property used for residential purposes to park or store, or to allow another person to park or store on such premises a commercial vehicle as defined in the Vehicle and Traffic Law having a gross weight in excess of 6,000 pounds, heavy construction equipment or equipment trailer between the hours of 10:00 p.m. and 6:00 a.m. unless a permit therefor has been issued by the Village Clerk upon the approval of the Board of Trustees. For purposes of this section, "heavy construction equipment" shall mean a crane, bulldozer, front-end loader, backhoe or other similar vehicle used for earthwork, road work or building construction, and an "equipment trailer" shall mean a trailer capable of carrying any such equipment. The fee for such permit shall be established by resolution of the Board of Trustees and may be so modified from time to time.
It shall be unlawful for the owner or occupant of a property used for residential purposes to park or store, or to allow another person to park or store a motor vehicle, as defined in the Vehicle and Traffic Law, on any portion of such property which is not paved with asphalt, concrete, paving stones, gravel or other similar material, unless a permit therefor has been issued by the Village Clerk upon the approval of the Board of Trustees. For purposes of this section, boats and boat trailers shall not be considered motor vehicles.
[Added 3-11-2013 by L.L. No. 1-2013[1]; amended 3-14-2016 by L.L. No. 4-2016]
Notwithstanding any provision in this Chapter 183 to the contrary, a dwelling in existence on October 29, 2012, located in an area of special flood hazard may be elevated so that its lowest floor (including basement) is not less than two feet nor more than three feet above base flood elevation, without obtaining a height variance from the Zoning Board of Appeals, regardless of the actual height of said dwelling measured from the top of curb or crown of the road, whichever is applicable. This provision is limited to the main dwelling on any property and shall not apply if the exterior footprint of said dwelling has been altered or the height has been increased, other than by elevating such dwelling as authorized herein, on or after October 29, 2012. In all other cases, the height limitations set forth in the respective zoning districts shall apply to all buildings and structures therein.
[1]
Editor's Note: This local law also provided for an expiration date of 4-1-2015 unless renewed or extended by a subsequent local law.