The Board of Trustees of the Incorporated Village of East Hills
does hereby enact this chapter, which shall be known and cited as
the "Village of East Hills Building Zone Ordinance."
The purpose of this chapter is the classification, regulation
and restriction of the height, number of stories and size of buildings
and other structures; the percentage of lots that may be occupied;
the size of yards and other open spaces; the density of population;
the location and use of buildings, structures and land for trade,
industry, residence and other purposes; the establishment of the boundaries
or districts for said purposes; and the providing of fines and penalties
for violations in order to promote the health, safety, morals and
general welfare of the Village of East Hills.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements adopted for the
promotion of the public health, safety, comfort, convenience and general
welfare. Where this chapter imposes greater restrictions 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 existing provisions of law or ordinance or by any other rules,
regulations or permits adopted or issued at any time, the provisions
of this chapter shall control. Wherever the requirements of this chapter
differ from the requirements of another existing ordinance of the
Village, the more drastic shall govern.
A.Â
This chapter shall be enforced by the Building Inspector, as appointed
by the Board of Trustees; in his absence, such chapter shall be enforced
by the officer so appointed by a special resolution of the Board of
Trustees. In the event that no special resolution is adopted, this
chapter shall be enforced, in the absence of the Building Inspector,
by the Village Clerk. Such officer, so appointed by special resolution,
or the Village Clerk may issue building permits or certificates of
occupancy or carry on any other of the duties herein specifically
delegated to the Building Inspector. No building permit or certificate
of occupancy shall be issued by the Building Inspector or such other
officers hereinabove referred to, except where the provisions of this
chapter are complied with.
B.Â
Where a lot is formed from part of a lot then already improved, the
separation must be effected in such manner as not to impair any of
the provisions of this chapter, whether related to the then existing
improvement or to the proposed new improvement.
A.Â
The Board of Trustees may, from time to time, on its own motion or
on petitions filed for said purpose, amend, supplement or repeal the
regulations and the provisions of this chapter.
B.Â
The Board of Trustees, by a resolution adopted at a stated meeting,
shall fix the time and place of a public hearing on the proposed amendments
and cause notice thereof to be given as follows:
(1)Â
By publishing a notice thereof in accordance with the Village Law
in the official newspaper of said Village.
(2)Â
By mailing a notice thereof to every civic association of residents
of the Village which shall have registered its name and address for
this purpose with the Board of Trustees.
(3)Â
The notices shall state the general nature of the proposed amendment
or deletion.
C.Â
Whenever the owners of 50% or more of the street frontage in any
district shall present to the Board of Trustees a petition duly signed
and acknowledged requesting an amendment, supplement, change, modification
or repeal of any of the regulations or provisions herein prescribed
or the Zoning Maps herein referred to, including said district in
which such owners reside or with respect to any specified part of
said district, 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 above.
The Mayor shall appoint a Board of Appeals under and pursuant
to the provisions of the Village Law of the State of New York, subject
to approval of the Board of Trustees.
A.Â
Generally. Words used in the present tense include the future tense.
The singular includes the plural. The word "person" includes a corporation
or association or partnership as well as an individual. The word "lot"
includes the word "plot" or "parcel." The term "shall" is always mandatory.
The words "used" or "occupied," as applied to any land or buildings,
shall be construed to include the words "intended, arranged or designed
to be used or occupied." The word "building" includes the words "structure"
and "premises." The word "premises" includes "building and land,"
and the words "vacant land" shall include the word "premises."
B.Â
ACCESSORY BUILDING
ACCESSORY USE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
ALTERATIONS
ALTERATIONS, STRUCTURAL
AREA, NET SITE
ATHLETIC COURT
AUTOMOBILE SERVICE STATION
BASEMENT
BUILDING
BUILDING, DETACHED
BUILDING, FRONT LINE OF
BUILDING, HEIGHT OF
BUILDING, PRINCIPAL
CELLAR
COURT
COVERAGE
CURB LEVEL
DISTRICT
DOG KENNEL
DUMP
DWELLING
DWELLING, MULTIPLE
DWELLING, ONE-FAMILY
FAMILY
FARM
FLOOR AREA
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(f)Â
(g)Â
(h)Â
(2)Â
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(f)Â
(g)Â
(h)Â
FLOOR AREA RATIO OF A BUILDING
GARAGE
GARAGE, PRIVATE
GARAGE, PUBLIC
GRADE, ESTABLISHED
GRADE, FINISHED
HABITABLE FLOOR AREA
HOME OCCUPATION
HOSPITAL
HOUSE TRAILER
JUNKYARD
LAUNDERETTE
LINE, STREET
LODGING HOUSE
LOT
LOT, CORNER
LOT, DEPTH OF
LOT, INTERIOR
LOT LINE
LOT, THROUGH
LOT, WIDTH OF
MOTOR VEHICLE REPAIR SHOP
NONCONFORMING USE
NURSING OR CONVALESCENT HOME
OPEN SPACE
PARKING AREA
PARKING SPACE
PLAT
PLOT
SIGN
(1)Â
(2)Â
(3)Â
SIGN, ADVERTISING
SLOPE
STABLE
STORY
STORY, HALF
STORY, HEIGHT OF
STREET
STREET FRONTAGE
STREET GRADE
STRUCTURE
USE
USE, ACCESSORY
WAY
WINDOW
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
As used in this chapter, the following terms shall have the meanings
indicated:
A subordinate building used in conjunction with the principal
use and which is customarily incidental to and located on the same
lot occupied by the main building. The use of such accessory building
shall be limited to the accessory use permitted in the district in
which such accessory building is located, whether same is residential,
business or industrial.
A use on the same lot which is customarily incidental to
the principal use permitted thereon. In residence districts, such
accessory use shall be limited to professional offices which are expressly
permitted in a residential district, occupied by a person or persons,
not exceeding two persons, residing on the premises. An announcement
or professional nameplate sign is hereby permitted, provided that
an application therefor is made to the Building Inspector for a sign
permit and a permit fee, as established by the Board of Trustees,
is paid therefor. The permit fee shall be a one-time charge, except
that, in the event a new or different sign is erected, a new permit
therefor shall be obtained and a fee therefor paid.
[Amended 12-5-1988 by L.L. No. 4-1988]
The maximum signage area per face for the professional sign
shall be 120 square inches, and the maximum height thereof shall be
six inches and the depth thereof not more than four inches. The professional
sign may be double-faced and may be affixed on a signpost, the height
of which shall not exceed eight feet. The said signpost shall be placed
no nearer than 10 feet to the curbline of said property.
No more than one sign shall be permitted for each lot upon which
a professional practice is conducted, notwithstanding the fact that
more than one licensed person occupies and uses the said premises
as professional offices.
Signs may be illuminated by a maximum of 15 watts of incandescent
or eight watts of fluorescent lamps. All illuminated signs shall emit
only diffused light.
No animated, blinding, flapping, moving or LED signs shall be
permitted.
All signs not in conformity with the above regulations shall
be amortized by and considered illegal on January 1, 1990, at which
time existing signs not conforming to the above regulation shall be
required to be removed or replaced by conforming signs.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
The total area within the property lines, excluding external
streets, and excluding all area within a lot with a slope of greater
than 20%.
[Amended 7-19-2004 by L.L. No. 6-2004]
A tennis court or other structure involving the installation
of a surface material to be used for recreational and/or athletic
purpose.
[Added 11-17-2003 by L.L. No. 4-2003]
Any area of land, including the building and structure thereon,
which is used for the sale of gasoline or other motor vehicle fuel,
oil or lubricating substances and motor vehicle accessories in general,
and which may or may not include facilities for lubricating, washing
or otherwise servicing motor vehicles. Painting or lacquering of motor
vehicles or major body or fender work shall not be deemed included
among the permitted uses of an automobile service station.
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for the purposes of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or if used for business
or dwelling purposes. No basement shall extend beyond the footprint
of the ground floor in order to increase its area.
[Amended 4-23-2019 by L.L. No. 2-2019]
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
A building surrounded by open space on the same lot.
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.
In residence districts, the height of a building shall be
the vertical distance measured from the lowest elevation of the proposed
finished grade immediately adjacent to the building to the highest
point of the building. In business and industrial districts, the height
of a building shall be the vertical distance measured from the lowest
elevation of the proposed finished construction grade immediately
adjacent to the building, excluding below-grade parking, to the highest
point of the building, including elevator shafts, mechanical equipment
enclosures and stairs/stairwells.
[Amended 3-16-1998 by L.L. No. 4-1998; 4-20-1998 by L.L. No.
6-1998]
A building in which is conducted the main or principal use
of the lot on which said building is situated.
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.
No cellar shall extend beyond the footprint of the ground floor in
order to increase its area.
[Amended 4-23-2019 by L.L. No. 2-2019]
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
That percentage of the plot or lot area covered by the building
area.
The officially established grade of the curb in front of
the midpoint of the lot.
Any one of the areas as shown on the Zoning Map of the Village
into which the Village has been divided for the purpose of this chapter.
The keeping of more than three dogs.
A lot of land or part thereof used primarily for the disposal
of, by abandonment, dumping, burial, burning or any other means and
for whatever purpose, garbage, sewage, trash, , junk, discarded machinery,
vehicles or parts thereof or waste material of any kind.
A building designed or used as the living quarters for one
or more families, other than a tourist home, tourist court, motel,
hotel or rooming house.
A building or portion thereof containing three or more dwelling
units.
A detached building designed for and occupied exclusively
by one family.
One or more persons related by blood, marriage or adoption,
living and cooking together as a single housekeeping unit, exclusive
of household servants. A number of persons, but not exceeding two,
living and cooking together as a single housekeeping unit, though
not related by blood, adoption or marriage, shall be deemed to constitute
a "family."
Any parcel of land containing at least 10 acres which is
used for gain in the raising of agricultural products, livestock,
poultry and dairy products, and containing necessary farm structures
within the prescribed limits and the storage of equipment used. It
excludes the raising of fur-bearing animals, riding academies, livery
or boarding stables and dog kennels.
The sum of the gross horizontal areas of the several floors
of the building or buildings, measured from the exterior faces of
exterior walls.
In particular, the floor area of a building or buildings shall
include:
Basement space.
Elevator shafts and stairwells at each floor.
Floor space used for mechanical equipment, with structural headroom
of seven feet six inches or more.
Penthouses.
Attic space, whether or not a floor has actually been laid,
providing structural headroom of seven feet six inches or more.
Interior balconies and mezzanines.
Enclosed porches.
Accessory uses, not including space used for accessory off-street
parking.
However, the floor area of a building shall not include:
Cellar space, except that cellar space used for retailing shall
be included for the purpose of calculating requirements for accessory
off-street parking spaces and accessory off-street loading berths.
Elevator and stair bulkheads, accessory water tanks and cooling
towers.
Floor space used for mechanical equipment with structural headroom
of less than seven feet six inches.
Attic space, whether a floor has actually been laid, providing
structural headroom of less than seven feet six inches.
Uncovered steps.
Terraces, breezeways and open spaces.
Accessory off-street parking spaces.
Accessory off-street loading berths, where required.
The quotient of the floor area of a building divided by its
lot area.
An accessory building intended or designed to be used for
the storage of noncommercial motor vehicles.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein.
Any garage other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
The elevation of the center line of the streets as officially
established by the county, town or Village authorities.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
In a dwelling, rooms occupied by one or more persons for
living and/or eating and/or sleeping, but does not include attached
or built-in garages, open porches, terraces or rooms below grade.
"Habitable floor area" on the first floor of a dwelling shall be construed
to mean all finished floor area having a clear headroom of 7Â 1/2
feet or over, including stairwells; with respect to the second floor,
it shall be construed to include all finished or unfinished floor
area having a clear headroom of 7Â 1/2 feet or over for a minimum
horizontal measurement of six feet, with side walls not less than
5Â 1/2 feet in height.
An accessory use of a service character customarily conducted
within a dwelling by the residents thereof. The office of a physician,
surgeon, dentist or other professional person, including teaching
of violin, piano or other individual musical instrument limited to
a single pupil at a time, who offers skilled services to clients and
is not professionally engaged in the purchase or sale of economic
goods, shall be deemed to be a "home occupation." Trades or business
of any kind not herein excepted shall not be deemed to be home occupations.
A building used for the medical diagnosis, treatment or other
care of human ailments, unless otherwise specified. The term "hospital"
shall not be deemed to include sanitarium, preventorium, clinic, rest
home, nursing home, convalescent home and any other place for the
diagnosis, treatment or other care of ailments of similar character.
Any portable or mobile vehicle used or designed to be used
for living purposes and with its wheels, rollers or skids in place.
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or discarded material or for the collecting, dismantling, storage
and salvaging of machinery or vehicles not in running condition and
for the sale of parts thereof.
A business premises equipped with individual clothes-washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment house or an apartment
hotel.
The dividing line between the street and the lot.
A building in which three or more rooms are rented and in
which no table board is furnished.
Land occupied or to be occupied by a building and its accessory
buildings or by a dwelling group and its accessory buildings, together
with such open spaces as are required under the provisions of this
chapter, having not less than the minimum area and width required
by this chapter for a lot in the district in which such land is situated,
and having its principal frontage on a street or on such other means
of access as may be determined in accordance with the provisions of
law to be adequate as a condition of the issuance of a building permit
for a building on such land.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
The mean distance from the street line of the lot to its
opposite rear line, measured in the general direction of the side
lines of the lot.
A lot other than a corner lot.
Any line dividing one lot from another.
An interior lot having frontage on two parallel or approximately
parallel streets.
The mean width, measured at right angles to its depth.
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles.
A building or structure or use of land existing at the time
of enactment of this chapter and which does not conform to the regulations
of the district or zone in which it is situated.
Any building with sleeping rooms where persons are housed
or lodged and furnished with meals and nursing care for hire.
An unoccupied space open to the sky on the same lot with
the building.
An off-street space available for the parking of motor vehicles,
exclusive of passageways and driveways appurtenant thereto and giving
access thereto, and having direct access to a street or alley.
The area required for parking one automobile, which in this
chapter is held to be an area 10 feet wide and 20 feet long, not including
passageways.
A map, plan or layout of a county, town or Village subdivision
or section thereof indicating the location and boundaries of individual
properties.
A lot or a combination of lots constituting a parcel of land
considered as a single unit with a single ownership and united by
both a common ownership and use.
Any structure or part thereof or any device attached to a
structure or painted or represented on a structure which shall display
or include any letter, word, model, banner, flag, pennant, insignia,
device or representation used as, or which is in the nature of, an
announcement, direction or advertisement. A sign includes any billboard,
but does not include the flag, pennant or insignia of any nation or
group of nations or of any state, city or other political unit or
of any political, educational, charitable, philanthropic, civic, professional,
religious or like campaign drive, movement or event.
BUSINESS SIGNA sign which directs attention to a business or profession conducted or to products sold upon the same lot. A "for sale" or "to let" sign relating to the lot on which it is displayed shall be deemed a "business sign."
ILLUMINATED SIGNAny sign designed to give forth any artificial light or designed to reflect such light deriving from any source which is intended to cause such light or reflection.
FLASHING SIGNAny illuminated sign on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
on the premises and only incidentally on the premises, if at all.
Any area, whether or not located on a single lot, having
a topographical gradient of 20% (the ratio of vertical distance to
horizontal distance) or more. For purposes of this definition, area
measurements must be made along a horizontal plane from within the
boundaries of a lot.
[Amended 7-19-2004 by L.L. No. 6-2004]
A building in which any horses are kept for remuneration,
hire or sale.
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 any floor and the ceiling
next above it.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor of such story.
The vertical distance from the top surface of the floor next
above. The height of the topmost story is the distance from the top
surface of the floor to the top surface of the ceiling joists.
A public way which affords the principal means of access
to abutting properties.
The lineal frontage of a lot or parcel abutting on a private
or public street that provides principal access to or visibility of
the building, measured by the width of the lot or parcel at the front
yard setback.
[Amended 7-19-2004 by L.L. No. 6-2004]
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of other streets
upon which the lot abuts, at the midpoint of the frontage of the lot
thereon. If there is no officially established grade, the existing
grade of the street at such midpoint shall be taken as the "street
grade."
A combination of materials, other than a building, used in
conjunction with, and customarily incidental to and located on the
same lot occupied in said district, to form a construction that is
safe and stable.
The specific purpose for which land or a building is designed,
arranged, 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.
See "accessory use."
A street or alley or other thoroughfare or easement permanently
established for passage of persons or vehicles.
An opening to the outside, other than a door, which provides
all or part of the required natural light, natural ventilation, or
both, to an interior space. The glazed portion of a door in an exterior
wall may be construed to be a "window."
An unoccupied space open to the sky on the same lot with
a building or structure.
An open unoccupied space on the same lot with the building,
between the front line of the building and the front line of the lot
and extending the full width of the lot.
An open unoccupied space on the same lot with the building,
between the rear line of the building and the rear line of the lot
and extending the full width of the lot.
An open unoccupied space on the same lot with the building,
situated between the building and the side line of the lot extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a "side line."
