Village of Munsey Park, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Amended 10-14-1987 by L.L. No. 1-1987; 12-16-1987 by L.L. No. 3-1987; 7-27-1989 by L.L. No. 2-1989]
A. 
Permitted uses. A building may be erected, altered or used and a lot or premises may be used for any of the purposes set forth in this section, including those incidental and accessory thereto, and for no other:
(1) 
Governmental and municipal uses operated and maintained by a governmental agency, limited to administrative offices, fire station, library, museum or historical building, post office, and open or enclosed recreation area.
(2) 
Banks, including drive-up windows and outdoor teller machines incidental thereto.
(3) 
Retail shops, limited to antiques; apparel and shoes; art and office supplies; auto accessories; bakery where all goods produced are sold at retail on the premises; books, stationery, newspapers and magazines; ice cream and confectionery; tobacco; packaged liquors; hardware; general food or meat, fruit or vegetable market or delicatessen; drugs; camera and photo supplies; florist; furniture; dry goods; paints; furs; toys; floor coverings and rugs; gifts and hobby; leather and luggage; sporting goods.
(4) 
Retail sale and incidental repair, limited to home appliances, bicycles, jewelry, watches, clocks or optical goods; musical, professional or scientific instruments; and computers, radios, televisions, record players and recorders.
(5) 
Service establishments, limited to barbershop and beauty parlor; financial institution; interior decorator; laundry and dry cleaning pickup; medical or dental laboratory; professional business office provided that no part of any office or office building shall be used for the storage, packaging, processing or selling of products sold at wholesale; optician; dressmaker, milliner and tailor; travel bureau; bookbinding; blueprint, photostat and other copying services.
(6) 
Indoor commercial recreational and educational uses limited to gymnasium, physical culture or reducing salon, school for instruction in art, dance, drafting, drama, music, secretarial fields, and theater.
(7) 
Signs, provided all of the requirements of § 200-40 of this chapter shall have been complied with.
(8) 
WTSF's as a permitted accessory use subject to conditional use permit approval by the Board of Trustees pursuant to the special requirements of § 200-46.
[Added 6-14-2000 by L.L. No. 2-2000]
B. 
Other uses and conditional uses. If approved by the Board of Trustees in accordance with the procedure set forth in Subsection D hereinafter, a building may be erected for any use which is of the same character as those specifically permitted herein and for the following conditional uses:
(1) 
Semipublic uses operated and maintained by a nonprofit organization, limited to places of worship and private clubs for charitable, civic, cultural, educational, fraternal, political, recreational or religious purposes and catering exclusively to members and guests.
(2) 
Art gallery.
(3) 
Funeral home.
(4) 
Public utility.
(5) 
Research laboratory.
(6) 
Restaurant, other than a fast-food restaurant.
(7) 
Telephone exchange.
C. 
Prohibited uses.
[Amended 2-11-2019 by L.L. No. 2-2019]
(1) 
Unless approved by the Board of Trustees as set forth in Subsection B hereinbefore, all uses that are not specifically permitted shall be prohibited.
(2) 
No use shall be permitted if it includes the fabricating, manufacturing, converting, altering, finishing or assembling of goods.
(3) 
No use shall be permitted if it includes the fabricating, manufacturing, growing, cultivating, displaying for retail or wholesale, dispensing, or the selling of marijuana or any products containing cannabis (whether naturally occurring or manufactured) or containing tetrahydrocannabinol or derivatives thereof (whether naturally occurring or manufactured), whether for medicinal use or other use.
(4) 
Except for at-grade parking and as permitted in Subsection A(3) hereinbefore, no use shall be permitted to be conducted in whole or in part outside a fully enclosed building, thus specifically excluding the following among others:
(a) 
Outdoor vending machines other than those selling newspapers, and similar coin-operated devices which automatically deliver goods or render services.
(b) 
Drive-in establishments.
(c) 
Shops or stores which make available any facility for, or which permit the consumption of, food or beverages on the premises, outside a building.
(d) 
Open-front shops or stores.
(e) 
The outdoor display or storage of any merchandise.
(5) 
No use shall be permitted which:
(a) 
Shall result in the transmission of dust, fumes, gas, glare, noise, odor, smoke, vibration, radiation or have any other similar impact beyond the lot lines; or
(b) 
Shall cause any dangerous, hazardous, noxious or offensive condition; or
(c) 
Shall involve the storage of inflammable or explosive materials on the premises.
D. 
Applications for uses not specifically permitted and for conditional uses. An application for any use not specifically permitted herein, but of the same general character therewith, and for all conditional uses shall be considered by the Board of Trustees in accordance with the following procedure:
(1) 
An application under this subsection shall be filed with the Clerk of the Board of Trustees. Such application must be in writing and submitted in duplicate, verified by the applicant or applicants, and shall contain the following:
(a) 
Identity of the fee title owner of the property and the contract vendee or lessee of the property, if any. Fee title owner and contract vendee and/or lessee of property, if any, must join in the application.
(b) 
Accurate metes and bounds description of the property, section, block and lot number from the Nassau County Tax Maps, including a short form description for public advertising purposes.
(c) 
Unequivocal statement of the use requested to be made of the property if the application is granted.
(d) 
General statement of reasons or facts justifying the relief sought.
(2) 
If the proposed use involves the construction of a new building or additions to an existing building, the application shall be accompanied by the following:
(a) 
Six copies of a survey by a licensed engineer or surveyor, bearing a date not more than 60 days prior to the date of applications, drawn at a scale of not less than one inch equals 100 feet and not larger than one inch equals 50 feet.
(b) 
A site plan and general building plans showing the proposed location, design, and use of buildings, structures and open spaces.
(c) 
A key map, either incorporated in the survey or separate, showing the boundaries and zoning of all surrounding properties within 200 feet of the perimeter of the subject property.
(d) 
A fee in the amount set forth in the Schedule of Village Fees.[1]
[1]
Editor's Note: See Ch. A208, Fees.
(3) 
The Board of Trustees, after considering such application and after a public hearing, may issue permits for such uses for a limited period of time or otherwise, subject to such conditions and safeguards as it shall deem appropriate, when in its opinion it shall find that such proposed use and improvement is of the same character as the uses that are specifically permitted or, if a conditional use, that such use will conform to the general character of the neighborhood in which the property is to be located and that the public health, morals, safety and general welfare of such neighborhood will be secured.
(4) 
No modification, variance or change in the general location, layout and character of the project, which shall include the architectural design and arrangements of all buildings as shown on the approved plan, will be permitted following approval thereof except upon formal application in accordance with the provisions of this Subsection D.
(5) 
Where an application has been denied, no new application for the same relief on the same parcel of property may be submitted for a period of one year after the date of filing of the resolution denying the original application in the Village Clerk's office.
Except as set forth hereinafter, no building or structure shall exceed 2 1/2 stories with a maximum height of 30 feet. The following exceptions are permitted:
A. 
Parapets, not exceeding three feet in vertical distance from the base to the highest point.
B. 
Penthouse for stairways or elevators, not exceeding 12 feet in vertical distance from the base to the highest point and not exceeding, in total, 10% of the area of the roof of the building of which they are a part. A house of worship, public school, library or municipal building may exceed the height limit specified hereinbefore subject to approval by the Board of Trustees.
C. 
The height of a building in a Business District shall be:
[Added 4-8-1992 by L.L. No. 2-1992]
(1) 
The vertical distance, in feet, measured from the curb level to the highest point of the building; or
(2) 
The number of stories above curb level for each section of the building if subject to varying curb levels by reason of street topography.
(3) 
Story shall be a height of not more than 12 feet from the top of the floor of the lower level to the top of the floor of the floor of the upper level.
D. 
The height limitations of this section shall not apply to WTSF's.
[Added 6-14-2000 by L.L. No. 2-2000]
The total floor area on any lot divided by the total area of the lot shall not exceed 0.33.
A. 
Except as provided hereinafter, there shall be a yard with a minimum depth of 30 feet along all street and rear property lines and 10 feet along all side property lines. Along any Residence District boundary there shall be provided a side or rear yard with a minimum dimension of 50 feet, except that, on lots with a depth of 200 feet or less, the minimum dimension of the required rear yard shall be reduced by one foot for each 2 1/2 feet by which such depth is less than 200 feet, provided that the minimum dimension of such yard shall not be less than 30 feet.
B. 
No projections or encroachments into the required yards shall be permitted above or below ground, except for:
(1) 
Cornices, eaves, gutter, or chimneys, projecting not more than two feet.
(2) 
One-story bay windows or open balconies projecting not more than two feet.
(3) 
Steps and terraces.
(4) 
One-story porches or vestibules which shall project into the front or rear yard not more than five feet.
(5) 
Signs, provided the same comply in all respects with the provisions of § 200-40.
(6) 
Open parking, provided that no parking area shall project nearer than 30 feet to any Residence District boundary or, if the depth of the lot exceeds 200 feet, into any required front yard.
(7) 
Drywells for stormwater provided they are at least 10 feet from the property line.
A. 
Except for access driveways and walks, the front yard shall be suitably landscaped or treated in some other manner approved by the Board of Trustees. All open areas shall be properly maintained by the property owner. Side or rear yards that lie within 30 feet of a Residence District shall be suitably landscaped and maintained with a thick growth of evergreen planting sufficient to shield the property in the Residence District from the impact of the development in the Business District. Such planting shall be installed pursuant to a landscaping plan approved by the Board of Trustees. Such landscaped areas shall extend the full width of such yard and may incorporate existing shrubbery and plantings.
B. 
Wherever a lot in a Business District adjoins any Residence District, there shall be provided, erected and maintained in good order along a line parallel to, and not less than five feet away from, the line separating the properties in the two districts:
(1) 
A fence with a minimum height of six feet from the ground level on the Business District side, constructed in a manner acceptable to the Board of Trustees.
(2) 
Immediately adjacent to such fence in the Business District, the Board of Trustees may require a thick-growing planting screen of evergreen trees, shrubs and other suitable landscaping at least eight feet in height and at least five feet in depth, in order to provide an effective protective buffer, between the fence and the residential property.
C. 
The Board of Trustees may require or permit other suitable fences or walls or any variation in the landscaping provision herein if deemed appropriate or desirable by reason of topography or other site conditions.