[Amended 10-10-2001 by L.L. No. 2-2001]
The Board of Trustees of the Incorporated Village
of Munsey Park, by virtue of the power and authority granted it under
and pursuant to the provisions of Article 7 of the Village Law of
the State of New York, does hereby ordain and enact the following
chapter, which shall be known and may be cited as the "Zoning Ordinance
of the Incorporated Village of Munsey Park."
A.Â
ACCESSORY BUILDING
ADEQUATE COVERAGE
ANTENNA
BUILDING
BUILDING AREA
BUILDING OR STRUCTURE, NONCONFORMING
CORNER LOT
CURB LEVEL
(1)Â
(2)Â
DECK
ERECTED
FAILURE OF COVERAGE
FLOOR AREA
(1)Â
(2)Â
(3)Â
(4)Â
FLOOR AREA RATIO
FRONT STREET
FRONT YARD
GROUND LEVEL
LIVABLE FLOOR AREA
LOT
MAIN BUILDING
MONOPOLE
NIER
OPEN SPACE RATIO
PATIO
PERSON
PRIVATE DETACHED GARAGE
REAR YARD
RESTAURANT
RESTAURANT, FAST-FOOD
SIDE STREET
SIDE YARD
SKYLIGHT
STEALTH
STORIES
STREET
STREET LINE
SWIMMING POOL
TERRACE
TOWER
USE
USE, NONCONFORMING
WIRELESS TELECOMMUNICATIONS SERVICES (WTS)
WIRELESS TELECOMMUNICATIONS SERVICES FACILITY (WTSF)
YARD
Certain words in this chapter are defined for the
purposes thereof as follows:
Building not more than 1Â 1/2 stories in height, subordinate
to the main building on a lot, and used for purposes customarily incidental
to the main building.
[Amended 12-13-1989 by L.L. No. 4-1989]
Coverage for personal wireless service facilities is considered
to be adequate within that area surrounding a base station where the
predicted or measured median field strength of the transmitted signal
as measured outdoors at a height of six feet above the ground is capable
of being sent and received. It is acceptable for there to be holes
within the intended coverage area where the signal cannot be sent
and received, provided the signal regains its strength sufficient
to transmit and receive further away from the base station. The outer
boundary of the area of adequate coverage, however, is that location
past which the signal does not regain a strength sufficient to transmit
and receive. A signal strength equal to or greater than -90 dBm shall
be assumed to be sufficient signal strength to transmit and receive.
[Added 6-14-2000 by L.L. No. 2-2000]
A device used to transmit and/or receive radio or electromagnetic
waves, including but not limited to directional antennas, such as
whip antennas, as part of, or in conjunction with, a WTSF.
[Added 6-14-2000 by L.L. No. 2-2000]
Any structure other than a wall or fence.
Determined by measuring around the exterior of the foundation
walls or foundation structure of a building, and includes the floor
area of porches, decks, swimming pools, and all other accessory buildings.
[Amended 12-13-1989 by L.L. No. 4-1989]
A building or structure which lawfully existed prior to the
adoption, revision or amendment of this chapter but which fails to
conform to the requirements of the district in which it is located
by reason of such adoption, revision or amendment.
[Added 10-10-2001 by L.L. 2-2001]
Any lot which is abutted by two or more intersecting streets.
[Amended 12-13-1989 by L.L. No. 4-1989]
[Added 7-27-1989 by L.L. No.
2-1989]
The height of a building shall be determined
by the mean of the established curb level in front of the building.
If no curb exists, the curb level shall be deemed to be the mean of
the established grade at the center line of the street in front of
the building. If a lot fronts on two or more streets of different
levels, the mean curb level of the highest street shall control for
the purpose of determining all vertical measurements for a depth of
100 feet from the highest street.
Except for the first 100 feet of depth from
the property line along the highest street, if a building exceeds
75 feet in length along a street, each 75 feet thereof shall conform
to the height regulations of this chapter, and the curb level for
the purpose of determining the permitted height shall be the mean
curb level in front of each 75 feet of such building.
Any structure open to the sky which is six inches or more
above the natural contour of the grade along the perimeter of the
structure.
[Added 12-13-1989 by L.L. No. 4-1989]
Includes commenced, maintained, altered, restored, remodeled,
enlarged, extended.
[Amended 12-13-1989 by L.L. No. 4-1989]
An area within the Village of Munsey Park where there is
not adequate coverage.
[Added 6-14-2000 by L.L. No. 2-2000]
The sum of the gross areas of the several floors of all principal
and accessory buildings on a lot, measured from the exterior faces
of exterior walls. In particular, "floor area" shall include:
[Added 7-27-1989 by L.L. No. 2-1989]
Attic, basement or cellar space if used for
other than mechanical equipment or storage, except that basement or
cellar space used as habitable space in a one-family dwelling is not
to be included in computing floor area ratio.
[Amended 1-13-1993 by L.L. No. 1-1993]
Floor space of each story above the basement
and below the attic and that portion of any attic space, whether or
not a floor has been laid, that provides structural headroom of eight
feet or more.
Floor space in interior balconies or lofts.
Floor space in roofed terraces, exterior balconies
or porches, if more than 50% of the perimeter thereof is enclosed
by other than a parapet not higher than three feet eight inches, or
a railing not less than 50% open and no higher than four feet six
inches.
The total floor area on the lot divided by the total area
of the lot.
[Added 7-27-1989 by L.L. No. 2-1989]
Street upon which a particular lot abuts. A corner lot is
deemed to front on the street upon which it has the smallest dimension.
Yard across the full width of the lot extending from the
front wall of the main building to the front or street line of the
lot. A corner lot is deemed to have two front yards.
[Amended 12-13-1989 by L.L. No. 4-1989]
The mean permanently established grade of the street in front
of the lot.[1]
The total floor area used, designed and available to be used
for living accommodations on all stories of the principal building,
excluding basement, rooms for heating equipment, open porches, breezeways,
unheated areas and garage, but including any living space over such
garage. In rooms with slope ceilings only those areas where headroom
is greater than five feet may be included, provided that at least
50% of this total area has the full required minimum ceiling height
of seven feet six inches. Walls and partitions may be included.
[Added 12-13-1989 by L.L. No. 4-1989]
Any plot, piece or parcel of land on which is erected or
is to be erected one building and its accessory buildings, having
the minimum area and the open spaces required by this chapter.
Building in which is conducted the principal use of the lot
on which it is located.
[Amended 12-13-1989 by L.L. No. 4-1989]
A freestanding tower having a single point of location on
the ground comprising a part of a WTSF. For purposes of this chapter,
the term "monopole" shall include, in addition to the pole, all other
components of the WTSF.
[Added 6-14-2000 by L.L. No. 2-2000]
Nonionizing electromagnetic radiation.
[Added 6-14-2000 by L.L. No. 2-2000]
Determined by subtracting the building area from the lot
area and dividing the resultant figure by the floor area.
[Added 1-13-1993 by L.L. No. 1-1993]
See "terrace."
[Added 12-13-1989 by L.L. No. 4-1989]
Includes a natural person, firm, association, copartnership
or corporation.
Building used for the storage of automobiles.
[Amended 12-13-1989 by L.L. No. 4-1989]
Any portion of the lot which extends from any rear wall of
the main building to the rear line of the lot. That portion of the
lot that extends across the full width of the rear of the property
shall he considered a rear yard. A corner lot is deemed to have no
rear yard.
[Amended 12-13-1989 by L.L. No. 4-1989; 6-13-2012 by L.L. No. 1-2012]
A business enterprise engaged in serving and preparing food
and beverages selected from a full menu by patrons seated at a table
or counter, served by a waiter or waitress, and consumed on the premises.
[Added 7-27-1989 by L.L. No. 2-1989]
A business enterprise primarily engaged in the sale of food
and beverages selected by patrons from a limited line of prepared,
specialized items such as hamburgers, chicken, pizza, tacos, and hot
dogs, for consumption either on or off the premises, in a facility
where a major portion of the sales to the public is at a drive-in
window or stand-up type counter. The term "fast-food restaurant" shall
not include bakeries, delicatessens, or similar types of retail establishments.
[Added 7-27-1989 by L.L. No. 2-1989]
Street other than a front street, upon which a lot abuts.
Yard extending from the front yard to the rear yard between
the main building and the adjacent side line of the lot. For a corner
lot, a side yard is any yard other than a front yard.
[Amended 12-13-1989 by L.L. No. 4-1989]
An opening in a roof that is glazed with transparent or translucent
material used to admit diffused light to the space below.
[Added 9-10-2003 by L.L. No. 1-2003]
Any WTSF which is designed to enhance compatibility with
adjacent land uses, including, but not limited to, architecturally
screened roof-mounted antennas, antennas integrated into architectural
elements, and WTSF's designed to look other than like a WTSF such
as light poles, power poles, and trees.
[Added 6-14-2000 by L.L. No. 2-2000]
Shall be computed from the side of the building at which
there is the highest ground level.
Any highway or thoroughfare, which appears on the Village
map and affords access to abutting properties whether designated as
a street, avenue, road, crescent, lane, terrace, path, way, place
or otherwise, and whether public or private.
[Amended 12-13-1989 by L.L. No. 4-1989]
Dividing line between a street and a lot.
For the purposes of determining lot coverage, the term "swimming
pool" shall include the walls, decks along the sides of the pool,
the base for the springboard or diving platform, and the foundation
for the purifying apparatus. In addition to the above, decks, terraces,
patios and walks shall conform to the applicable setback requirements.
[Added 12-13-1989 by L.L. No. 4-1989]
Any structure open to the sky which is less than six inches
above the natural contour of the grade along the perimeter of the
structure.
[Added 12-13-1989 by L.L. No. 4-1989]
Any pole, spire, steeple, structure, or combination thereof,
including supports, braces, and masts, built or used for the purpose
of mounting an antenna, meteorological device, or similar apparatus
above grade as part of, or in conjunction with, a WTSF.
[Added 6-14-2000 by L.L. No. 2-2000]
The specific purpose for which land or building is designed,
arranged, intended or for which it may be occupied or maintained.
Any use of a building, other structure or tract of land which
was lawful prior to the adoption, revision or amendment of this chapter
but which fails to conform to the use regulations for the district
in which such use is located by reason of such adoption, revision
or amendment.
[Added 10-10-2001 by L.L. No. 2-2001]
The provision of wireless telecommunications services, including
those more commonly referred to as "cellular telephones," which services
are regulated by the Federal Communications Commission (FCC) in accordance
with and as the "term personal wireless services" is defined in the
Communications Act of 1934, as amended by the Telecommunications Act
of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended.
With the exception of communications for the Village of Munsey Park
Highway Department, the term "wireless telecommunications services"
shall specifically exclude all other services not included in the
FCC definition of personal wireless services.
[Added 6-14-2000 by L.L. No. 2-2000]
Any equipment used in connection with the commercial operation
of wireless telecommunications services, as defined herein, and as
the term "personal wireless services facilities" is defined in the
Communications Act of 1934, as amended by the Telecommunications Act
of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended,
to transmit and/or receive frequencies, including, but not limited
to antennas, monopoles, equipment, appurtenances and structures.
[Added 6-14-2000 by L.L. No. 2-2000]
Any open, unoccupied space in a lot. All yards shall be measured
at the narrowest point between the building and the lot line opposite.
B.Â
Words used in the present tense include the future;
the singular number includes the plural, and the plural the singular;
the word "lot" includes the word "plot"; the word "building" includes
the word "structure"; and the word "shall" is always mandatory.
