The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
for the following supplementary regulations.
A.
All uses permitted in the Village of Island Park shall
be in a structure erected in accordance with the building code requirements
of the Village of Island Park and after a permit and certificate of
occupancy have been issued.
B.
No building shall be erected or altered and no lot
area shall be so reduced that thereby the minimum dimensions of yards,
courts or other open spaces shall be less than prescribed by this
chapter, except where a practical and unnecessary hardship results.
C.
In no district shall there be permitted any showy
exhibitions, or performance, circus, carnival, theatrical representation,
moving-picture shows, feats of horsemanship, caravan of animals, or
of any animals, or artificial curiosity, unless same be housed in
a permanent structure erected for theatrical or show purposes in conformity
with the building codes of the Village of Island Park.
D.
In no district shall there be permitted the erection
or maintenance of a carousel, Ferris wheel, gravity steeplechase,
scenic cave, or scenic railway, bicycle carousel, striking machine,
switch back or merry-go-round unless housed in an enclosed building,
except by special permit from the Board of Trustees for a limited
period of time only.
E.
The Village of Island Park may erect, alter or use
in any district any building or premises for municipal use or purpose.
F.
The Village of Island Park may license for use in
the Business District any lot or plot for public parking, upon a fee
to be paid by the owner or lessee of said premises to the Village
of Island Park, and said Village of Island Park may use for public
parking any lot or plot in the Village of Island Park.[1]
G.
The Board of Appeals may, in appropriate cases, after
public notice and hearing, and subject to appropriate conditions and
safeguards imposed by the Board of Appeals for the health, safety,
morale or general welfare of the public, determine and vary the application
of the use regulations contained in this article established in harmony
with the general purpose of the zoning ordinances and within the limits
of the state enabling acts and the intent thereof without the applicant
being obliged to show practical difficulties or unnecessary hardship.
H.
The Board of Trustees reserves to itself the discretion,
approval and authority to issue permits for the erection, enlargement
or increase of buildings and uses for public utility companies for
public utility use, upon such conditions as it may deem necessary
for the public health, safety, morale and general welfare.[2]
A.
Notwithstanding the limitations imposed by any other
provisions of this chapter, the Board of Appeals may permit erection
of a dwelling on any lot separately owned or under contract of sale
and containing, at the time of the passage of this chapter, an area
or a width smaller than that required for a one- or two-family dwelling.
In the event such a lot shall have an area of less than 4,000 square
feet, the Board of Appeals may not permit to be built, altered, constructed
or reconstructed thereon a two-family house.[1]
B.
Prior to the issuance of the building permit and/or
certificate of occupancy allowing the construction of a one-family
dwelling on plot sizes of less than 4,000 square feet, the applicant
shall submit a recorded deed containing the restriction that the plot
shall only permit a one-family premises.
[Amended 11-19-1964]
[Amended 6-16-1960]
If any plot on which a building has been erected
shall be subdivided into two or more plots in such a manner that the
resulting plot on which such building remains does not comply with
the minimum area requirement for plots in that district, the right
of the owner thereof maintaining such building on such plot shall
immediately cease, and he shall remove the same on order of the Village
Building Inspector.
On a corner lot in any Residential District,
no fence, wall, hedge or other structure or planting more than 3 1/2
feet in height from the street level shall be erected, placed, or
maintained within 15 feet of the street lines.
Bay windows, including their cornices and eaves,
may project into any required yard not more than two feet; provided,
however, that the sum of such projection on any wall does not exceed
1/3 the length of said wall.
Open fire escapes may extend into any required
yard not more than four feet six inches.
Where a Residential District is bounded by a
portion of a Business District, any side street extending through
such Residential District into such Business District shall not be
used for any business purpose except as herein set forth. The business
structure erected in said Business District shall face and open upon
the street set aside for business purposes, except that a show window
in such business structure may be built and exposed upon said side
street within the area set aside as a part of such Business District
and an entrance may be made at the corner of such business and residential
street, and all other entrances thereto must face on the business
street, except that entrances may be made from such residential street
to the upper stories of such business structure.
Where a lot in a Business District abuts a lot
in a Residential District, there shall be provided along such abutting
line a yard equal in width or depth to that required in the Residential
District. Such yard need not be in excess of 10 feet.
No permit shall be issued for a use which is
prohibited or which is permitted or not expressly prohibited in an
amendment of this chapter which has already been published until such
amendment has been either defeated or adopted. In the event it is
defeated, then if the use is permitted by the old provisions, a permit
shall be issued therefor, if the applicant has complied with all the
codes and other Village requirements. If the use is prohibited by
an adopted local law, then no permit shall be issued.
[Amended 7-21-1960; by L.L.
No. 4-1984; 5-21-2009 by L.L. No. 2-2009]
A.
Fences, hedges, walls or other property line demarcation
shall be erected or maintained from the property line fronting on
a street to the front house line no more than four feet in height
and from the front house line to the rear property line of the property
no more than six feet in height. The fencing erected or maintained
across the rear property line of residentially zoned property backing
onto commercially or business zoned property shall be no more than
eight feet in height and upon the approval of the Chief Building Inspector.
[Amended 3-20-2014 by L.L. No. 1-2014]
B.
Plantings of evergreens shall be continuously cared
for and maintained alive, and any other type of fence shall be maintained
in good and sound condition. Evergreen screens or fences shall adhere
to all height requirements stated in this chapter. Decorative or landscape
plantings, shrubs, evergreens, deciduous plantings and similar plants
which are not designed or intended as fencing are permitted in any
yard and are excepted from the height provisions of this article,
provided that such plantings do not obstruct traffic or driveway access,
are maintained and kept at a safe and aesthetically pleasing height
and are not detrimental to adjoining properties.
C.
The Superintendent of Public Works, Building Inspector
and Board of Trustees may impose more restrictive standards for aesthetic
or safety purposes than are required by this article in connection
with any matter reviewed by such officers or Board.
D.
Any fence
in any district shall have its most pleasant or decorative side facing
the adjacent lot, with all posts being in the applicant's yard unless
such posts are an integral part of the decorative design of the fence.
The pleasant or decorative side of a fence may face an applicant's
yard where such fence will be adjacent to a preexisting opaque fence
or screening on the adjoining property of the same height or higher.
E.
All fences
that are erected on private property, whether a new or replacement
fence (or any part thereof), require a permit. Commercial properties
will be subjected to rules and regulations set by the Board of Trustees,
Zoning Board of Appeals and Building Inspector. The fee for any fence
permit will be as set from time to time by the Village Board of Trustees.[1]
F.
All fencing
installed in the front yard, from the property line fronting on a
street to the front house line, is to be no more than four feet in
height, and be of the type of construction that allows for 50% visibility.
(Example: picket or chain-link fencing.)
[Added 6-16-2016 by L.L.
No. 9-2016]
[Amended 8-16-1962; 8-15-2013 by L.L. No. 5-2013; 12-22-2016 by L.L. No. 27-2016; 5-18-2017 by L.L. No. 8-2017;
by L.L. No. 11-2018]
A.
No person
shall erect any dwelling within the Village of Island Park having
a first-floor elevation less than two feet above the base flood elevation
as determined from the FEMA FIRM Map 2009.
B.
When constructing
a structure with a first floor above base flood elevation +2'0", all
exterior walls of any such dwelling below base flood elevation +2'0"
on any building plot, the grade of which is not wholly above the elevation
of the base flood elevation +2'0", shall be of monolithic construction
without window openings.
C.
When constructing
a structure with a first floor no higher than base flood elevation
+2'0", all exterior walls of any such dwelling below base flood elevation
+2'0" on any building plot, the grade of which is not wholly above
the elevation of base flood elevation +2'0", shall be permitted to
be built to FEMA V-Zone construction standards (piers, posts, piles,
columns, or parallel shear walls). All such walls and floors below
the elevation of base flood elevation +2'0" will meet the FEMA flood
mitigation requirements and be finished with a material approved by
the Building Department.
D.
Unfinished
exterior concrete walls are prohibited. Furthermore, the exterior
façade facing the street must be finished with a coating including
but not limited to siding, shingles, stucco and veneer. Said coating
must be approved by the Building Inspector. The exterior sides and
rear of the structure must, at a minimum, be painted so that no bare
concrete is exposed.
[Added 6-18-1964[1]]
In all Residential A Districts, paving material
of any kind, except for walks and parking strips when required and
when authorized by the Building Department, is prohibited on any front,
side or rear yards fronting on a street.
A.
General provisions. The special uses for which conformance
to additional standards is required shall be deemed to be permitted
uses in their respective districts, subject to the satisfaction of
the requirements and standards set forth herein, in addition to all
other requirements of this chapter. All such uses are hereby declared
to possess characteristics of such unique and special forms that each
specific use shall be considered as an individual case.
B.
Required plan. A plan for the proposed development
of a site for permitted use shall be submitted with an application
for a special permit, and such plan shall show the location of all
buildings, parking areas, traffic access and circulation drives, open
spaces, landscaping and any other pertinent information that may be
necessary to determine if the proposed special use meets the requirements
of this chapter.
C.
Standards applicable to all special uses. The location
and size of the use, the nature and intensity of the operations involved,
the size of the site in relation to it, and the location of the site
with respect to the existing or future streets giving access to it
shall be such that it will be in harmony with the orderly development
of the district, and the location, nature and height of buildings,
walls and fences will not discourage the appropriate development and
use of adjacent land and buildings or impair the value thereof.
[Amended 7-3-1969]
D.
Standards applicable to special uses.
(1)
Clubs and clinics.
(a)
One off-street parking space shall be provided
for each 200 feet of floor area.
(b)
Landscaped screening shall be provided along
all side and rear lot lines of a character and depth deemed necessary
to screen buildings, structures, lights and signs.
(c)
A minimum setback of 25 feet shall be provided.
(d)
The main building shall not be closer than 200
feet to any Residential District.
[Added 2-21-2019 by L.L. No. 2-2019]
A.
Legislative intent. The Village Board has recognized that several
states, in addition to permitting the distribution of medical marijuana,
have also permitted the distribution of marijuana for recreational
purposes. The Village Board also recognizes that the legalization
of marijuana in New York is a subject of current discussion and community
forums organized by the state, and that the New York State Commissioner
of Health has recommended that the recreational use of marijuana be
considered for legalization in New York. The Village Board has found
that Village residents are greatly concerned about the retail sale
of marijuana in the Village if it should become legal in New York.
Accordingly, it is the intent of the Village Board to prohibit the
retail sale, distribution or offer of consumption of marijuana in
all Village use districts.
B.
MARIJUANA
MARIJUANA PRODUCT
MARIJUANA RETAIL STORE
MEDICAL MARIJUANA
MEDICAL MARIJUANA DISPENSARY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Shall have the same definition ascribed to "marijuana" in
§ 3302 of the New York Public Health Law.
Marijuana and/or any material, substance or other thing derived
(in any manner) from marijuana or which contains marijuana as a component
part in any amount or concentration.
A building, structure or premises engaged in the sale, use
or distribution of marijuana and/or marijuana products for nonmedical
use. A building, structure or premises shall be considered a marijuana
retail store regardless of whether products in addition to marijuana
products are offered for sale, use or distribution at the building,
structure or premises and regardless of the amount of marijuana or
marijuana products available for sale, use or distribution at the
building, structure or premises in comparison to other products offered
for sale, use or distribution at the building, structure or premises.
Shall have the same definition ascribed to "medical marihuana"
in § 3360 of the New York Public Health Law.
A building, structure or premises authorized by the New York
State Department of Health to dispense or distribute medical marijuana
in accordance with Article 33 of the Public Health Law and Part 1004
of Title 10 of the New York Codes, Rules and Regulations.
C.
Prohibitions.
(1)
No building, structure or premises approved or used as a medical
marijuana dispensary pursuant to Article 33 of the New York Public
Health Law may be used as a marijuana retail store.
(2)
No building, structure or premises within any use district in
the Village of Island Park may be used for the sale, distribution
or offer for consumption of marijuana or marijuana products in a retail
setting or environment for nonmedical use. The sale, distribution
or offer for consumption of marijuana and/or marijuana products as
prohibited in this section shall be prohibited regardless of whether
products in addition to marijuana products are offered for sale, distribution
or consumption at the building, structure or premises and regardless
of the amount of marijuana or marijuana products available for sale,
distribution or offer for consumption at the building, structure or
premises in comparison to other products offered for sale, use or
consumption at the building, structure or premises.
D.
Enforceability. If any clause, sentence, paragraph, subdivision,
or part of this section or the application thereof to any person or
circumstance shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivision,
or part of this section or in its application to the person or circumstance
directly involved in the controversy in which such judgment or order
shall be rendered.
