A.Â
Word usage. Words used in the present tense include the future tense.
The singular number includes the plural and vice versa. The word "person"
includes a corporation. The word "building" includes the word "structure."
The word "lot" includes the word "plot." The word "shall" is always
mandatory. "To erect" means "to construct" or "to build" and includes
to excavate for a building and to relocate a building by moving it
from one location to another. The word "used" or "occupied" as applied
to any land or building shall be construed to include the words "intended,
arranged or designed to be used or occupied." The word "premises"
includes a lot and all buildings thereon.
B.Â
ACCESSORY BUILDING
ACCESSORY USE
BOARDINGHOUSE
BOATHOUSE, PRIVATE
BOAT STORAGE RACK
BOATYARD
BUILDING AREA
BUILDING, FRONT LINE OF
COIN-OPERATED AMUSEMENT DEVICE
CORNER LOT
CURB LEVEL
DEPTH OF A LOT
DRY-DOCK STORAGE MARINA
DWELLING
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
FAMILY
FAST-FOOD ESTABLISHMENT
FINISHED GRADE
FLOOR AREA RATIO
FRONTAGE or FRONT STREET LINE OF A LOT
FUNCTIONAL AND FACTUAL EQUIVALENT OF A NATURAL FAMILY
GARAGE, PRIVATE
GARAGE, PUBLIC
GARBAGE
GRADE OF STREET
HABITABLE SPACE
HEIGHT OF A BUILDING
JUNKYARD
LOT
NONCONFORMING USE
PARENT-CHILD RESIDENCE
PORCH
(1)Â
(2)Â
(3)Â
RUBBISH or DEBRIS
SCHOOL
(1)Â
(2)Â
SECURITY GATE
SOLID WASTE
STORY
(1)Â
(2)Â
(3)Â
(4)Â
STORY ABOVE GRADE
STRUCTURE
SUBDIVISION
YARD
(1)Â
(2)Â
(3)Â
Definitions. For the purpose of this chapter, certain terms and words
used herein shall be interpreted or defined as follows:
A building subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
An "accessory building" attached to another building shall be deemed
a part of such other building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
A dwelling, other than a motel or hotel, where lodging and/or
meals are provided for compensation, with no individual cooking facilities.
A building used for the keeping and storage of a boat or
boats for the private use of the owner or occupant of a lot and as
a customary accessory use to the lot, not for the keeping of boats
for sale, for hire or for commercial use.
Any structure, boat storage device or multilevel watercraft
storage rack, whether indoors or out of doors, enclosed or open, designed
or used for the purpose of storing watercraft which covers a ground
or floor area in excess of 150 square feet. It does not include incidental
boat carriers, cradles or racks used to store or transport small craft
such as canoes, dinghies and small sailboats and like craft which
are typically capable of being carried by no more than two people.
A premises used or occupied:
The total of the horizontal cross-section area of the buildings
on a lot exclusive of cornices, eaves, gutters, chimneys and bay windows
projecting not more than 18 inches, and steps projecting not more
than five feet.
The line of that face of the building nearest the front street
line of the lot. This face includes bay windows and porches, whether
enclosed or not, and steps extending more than five feet.
Any amusement machine or device operated by means of the
insertion of a coin, token or similar object for the purpose of amusement
or skill and for the playing of which a fee is charged.
A lot where at least two adjacent sides abut on streets or
public places.
The grade of the curb along the front street line of the
lot established by the Village Engineer, and in the absence of a curb,
the crown of the road.
The average distance from the front street line to the rear
line of the lot measured in a general direction normal to the front
street line.
A business which must be licensed pursuant to the terms of Article VIII of Chapter 107 of this Code, involving the use of a boat storage rack building to temporarily store boats and watercraft when not in use in between the occasional removal and use of them between June 1 and September 30 of any year.
A building or a portion of a building designed or arranged
to provide living facilities for one or more families. "Dwellings"
are classified as follows:
ONE-FAMILY DWELLINGA detached house consisting of or intended to be occupied as a residence by one family only, as family is hereafter defined. In no case shall a nursing home, an adult home, a lodging house, boardinghouse, fraternity house, sorority house or multiple dwelling be classified or construed as a "one-family dwelling."
TWO-FAMILY DWELLINGA building occupied exclusively as a home or residence for two families living independently of each other.
MULTIPLE DWELLINGA building occupied exclusively as a residence for three or more families living independently of each other, including apartment houses, group houses, apartment hotels, condominiums and cooperative apartments.
MIXED-USE DWELLINGA building, a portion of which is used for dwelling purposes for not more than two families and the remaining portion of which is used for business purposes.
PROFESSIONAL MIXED-USE DWELLINGA building containing not more than three units for office use or dwelling purposes but for not more than two families; the office unit or units of which may be used only for professional offices of architects, attorneys, chiropractors, dentists, professional engineers, medical doctors, optometrists, osteopaths, podiatrists, real estate or insurance brokers, surveyors or physical therapists. All references of limitations, costs and fees set forth in this Code which apply to mixed-use dwellings shall also apply to professional mixed-use dwellings, unless specifically stated otherwise.
A single person or collective group of persons related by
kinship, adoption, blood or marriage, or the functional and factual
equivalent of a natural family, living and cooking together as a single
housekeeping unit of a permanent and distinct domestic character.
Any store, restaurant, cafe or other business selling or
serving food or beverages which makes use of a drive-in, drive-through
or drive-up window, for any of its customers.
The curb level at the midpoint of the front street line of
the lot, and in the absence of a curb, the midpoint of the crown of
the road.
The gross floor area of a structure divided by the total
lot area.
[Added 2-28-2022 by L.L.
No. 2-2022]
That boundary line which abuts a public street. If there
is more than one street abutting, it means the street designated as
the front street by the owner. The rear of a lot is the side opposite
the front.
A single housekeeping unit, not a framework for transients
or transient living, leading a nonprofit family-like existence which
functions in every sense but a biological one as a single family unit.
A building used for the storage of not more than three 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. Where such garage is
attached to the principal building by a covered porch or breezeway,
it shall be deemed an attached garage.
Any garage other than a private garage, available to the
public, operated for gain, including the use of land or building for
the sale of new or used cars or for the storage, repair, rental or
servicing of automobiles or motor vehicles, or for a gasoline filling
station.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food and readily
combustible material such as paper, cardboard, wood, excelsior and
cloth; also food cans, glass food containers and bottles; also dead
birds, cats, dogs and other small animals.
The elevation of the line of a street as established by the
Board of Trustees or its designee.
A space in a building for living, sleeping, eating or cooking,
or used as a home occupation. Bathrooms, toilet rooms, closets, halls,
storage or utility spaces and similar areas are not considered habitable
spaces.
The vertical distance from the curb level to the highest
point of the roof, provided that the chimneys, spires, towers, elevator
enclosures and similar enclosures shall not be included in the height,
and provided further that if the front yard setback of the building
is more than 50 feet, said height shall be measured from the average
grade of the ground surrounding such building.
A premises where articles that have outlived their usefulness
in their original form are purchased, stored, and sold to be reconditioned,
or for some other purpose including junk shops, junk stores, auto
wreckers, salvage yards, and yards for collecting or dealing in junk
motor vehicles. This definition shall include "junk metal" and "junk
dealer" as defined in § 60 of the General Business Law.
A plot or parcel of land considered as a unit, devoted to
a certain use or occupied by a building or a group of buildings that
are united by common interest or use, and the customary accessory
uses or buildings and open spaces belonging to the same.
A structure or land occupied by a use that does not conform
to the regulations of the district in which it is situated.
A one-family dwelling altered to include a second kitchen
for the sole use by the father, mother, son or daughter by blood,
marriage or legal adoption of the owner occupying said one-family
dwelling.
[Added 3-8-2010 by L.L. No. 1-2010]
Any porch, veranda, gallery, balcony, terrace, piazza, portico,
breezeway or similar projection from or connected with a main wall
of a building.
COVERED PORCHOne with a roof.
ENCLOSED PORCHOne covered by a roof and fully enclosed with walls.
UNENCLOSED PORCHAny other porch.
Includes ordinary household or store trash of a flammable
character, such as barrels, cartons, boxes, crates, furniture, appliances,
wood, cloth, rugs, clothing, rags, mattresses, blankets, small tree
trimmings, grass clippings, small stumps and similar garden waste;
hay, fodder, feed, meal or other discarded animal or vegetable matter
originally intended for animal consumption; planing mill waste, shavings,
sawdust and such other materials not otherwise defined herein as may
be readily consumed by incineration.
PRIVATE SCHOOLA school giving special or limited instruction such as business, art, music, dancing, riding, camp activities or operated for private gain, or requiring the payment of tuition or other charges.
PUBLIC SCHOOLA school maintained for the purpose of giving a regular course of instruction to students of school age during the full school year under the Education Law of the State of New York and not requiring the payment of tuition.
A barrier, screen or cover located either in front of or
behind a door, window or other opening used for purposes of securing
premises by preventing access or blocking passage to the interior
of the premises but which enables the viewing of the interior of the
premises from outside the premises.
Any discarded material or substances, including but not limited
to garbage, refuse, sludges from air or water pollution control facilities
or water supply treatment facilities, rubbish, ashes, contained gaseous
materials, incinerator residue, demolition and construction debris,
offal and other discarded materials and substances resulting from
industrial, commercial, mining and agricultural operations and from
community activities, but not including sewage and other like diluted
water-carried materials or substances or those in gaseous form or
solid or dissolved materials or irrigation return flows or industrial
discharges, toxic or hazardous substances as defined by applicable
federal or state law, or source of any special nuclear or by-product
materials within the meaning of the Atomic Energy Act of 1954, as
amended.
That portion of a building included between the surface of
any floor and the surface of the floor next above, or if there is
no floor above, then the space between any floor and the ceiling next
above it, provided that the distance between the floor and the highest
point of the ceiling is not less than seven feet. The first story
is the lowest story entirely above the elevation of the finished grade.
ONE-STORY BUILDINGA building having only one floor above the level of the finished grade.
ONE-AND-A-HALF-STORY BUILDINGA building having two stories, but with the main eaves below the mid-height of the second story.
TWO-STORY BUILDINGA building having two floors above the level of the finished grade.
TWO-AND-A-HALF-STORY BUILDINGA building having three stories but with the main eaves below the mid-height of the third story.
Any story having its finished floor surface entirely above
grade, except that a basement shall be considered as a story above
grade where the finished surface of the floor above the basement is:
Any combination of materials forming any construction and
includes, among other things, stadiums, tents, trailers (whether movable
or stationary), platforms, stagings, radio towers, gasoline pumps,
tanks, standpipes, outdoor pools, walls, fences, trellises, pergolas,
gates, display signs, bulkheads and docks.
The division of any parcel of land into two or more lots,
blocks or sites, with or without streets or highways.
The part of a lot unoccupied by any building.
FRONT YARDThe space on the same lot with the main building extending the full width of the lot between the front street line and the front of the building projected to the side lines of the lot. The depth of a front yard is the distance between the front line of the building and the street line.
REAR YARDThe space on the same lot with the main building extending the full width of the lot between the building and the rear lot line. The depth of a rear yard is the distance between the rear of the building and the rear lot line.
SIDE YARDThe space on the same lot with the building between the building and the side lines of the lot and extending through from the street or front yard to the rear yard or rear lot line. Any lot line not a rear lot line or a front lot line or a street line is a side lot line.
In interpreting and applying the provisions of this chapter,
such provisions shall be held to be the minimum requirements for the
promotion of public health, safety, morals and general welfare. This
chapter shall not invalidate any applicable statutes, local laws or
regulations of the state, county, town or Village not in conflict
with this chapter, provided that where this chapter imposes greater
restrictions as to width of side yards or courts, or requires a lower
height of buildings or lesser number of stories, or a greater percentage
of lot to be left unoccupied, or other higher standards than such
statutes, local laws or regulations, this chapter shall control.
[Amended 11-25-2019 by L.L. No. 4-2019; 2-28-2022 by L.L. No. 2-2022]
For the purposes of this chapter, the Village is hereby divided
into 15 districts, which shall be designated as follows:
A
|
Residence Districts
|
BB
|
Residence Districts
|
B
|
Residence Districts
|
C
|
Residence Districts
|
TO
|
Transit-Oriented Districts
|
PR
|
Planned Residential Districts
|
H
|
Historical Districts
|
PM
|
Professional Mixed-Use Districts
|
B-1
|
Retail Business Districts
|
B-2
|
General Business Districts
|
B-3
|
Marine Business Districts
|
Industrial Districts
| |
PAC
|
(Planned Adult Community) Residence Districts
|
SC
|
Senior Citizen Residence Districts
|
FH
|
Floating Home District
|
The boundaries of the districts designated in § 183-3 shall be as shown upon the map, attached to and made a part of this chapter, which shall be designated as the "Building Zone Map of the Village of Amityville, Suffolk County, New York." Said map and all notations, references and other things shown thereon shall be as much a part of this chapter as if the matters and things shown by said map were all fully described herein.[1]
[1]
Editor's Note: The Building Zone Map is on file in the Village
offices.
The Board of Trustees hereby establishes a Bay Village architectural
theme, which theme shall be the basis for exterior alteration and
new construction in all districts except the Industrial District.
Such Bay Village architectural theme shall blend the design of the
Village's 19th Century Victorian-style buildings with the influence
of simple, traditional maritime construction. The Planning Board shall
review proposed exterior alterations and new construction in said
districts for compatibility with such architectural theme in addition
to its other responsibilities for approval in said districts.
The boundaries between districts are, unless otherwise indicated,
either the center lines of streets or railroad rights-of-way or such
lines extended or lines parallel thereto. Where figures are shown
on the Building Zone Map between a street and a district boundary
line, they indicate that the district boundary line runs parallel
to the street line at a distance therefrom equivalent to the number
of feet so indicated. When the location of a district boundary line
is not otherwise determined, it shall be determined by the scale of
the map measured from a given line. Where the actual street layout
on the ground varies from the street layout shown on the Building
Zone Map, the designation shown on the mapped streets shall apply
in such a way as to carry out the intent and purposes of this chapter
for the particular area in question.
[Added 3-14-2016 by L.L.
No. 3-2016]
Where a district boundary line divides a lot which was held
in single ownership on August 4, 1930, or on the date of adoption
of any subsequent amendment to the Zoning Map, and when a permit granting
such extension has been approved prior to December 31, 2015, subject
to extensions or not, the Zoning Board of Appeals may permit the less
restricted use to extend to the whole or any part of such lot, except
that the front, side and rear yard setback requirements of the more
restricted zone shall apply to that part of the lot within the more
restricted zone. Except as provided herein, use extensions granted
under this provision are prohibited.
[1]
Editor's Note: Former § 183-6, District boundary
dividing lot in single ownership, was repealed 1-25-2016 by L.L. No. 1-2016.
No building or land shall be used or occupied, and no building
or part thereof shall be erected, moved or altered unless in conformity
with the regulations herein specified for the district in which such
building or land is located.