A.Â
This chapter classifies, regulates and restricts the
height, number of stories and size of buildings and other structures,
the percentage of lot that may be occupied, the size of yards and
other open spaces, the density of population and the location and
use of buildings, structures and land for trade, industry, residence
and other purposes, establishes the boundaries of districts for said
purposes and provides fines and penalties for violations so as to
promote the health, safety, morals and general welfare of the community,
taking into consideration, among other things, the suitability of
each district for particular uses, the conservation of property values
and the most appropriate use of land throughout the Village.
B.Â
This chapter may be cited as the "Zoning Ordinance
of the Incorporated Village of Muttontown," as revised, supplemented,
amended and enacted on November 16, 1959.
A.Â
Words used in the present tense include the future;
the singular number includes the plural, and the plural the singular;
and the word "person" includes a corporation as well as an individual.
[Amended 9-11-2000 by L.L. No. 3-2000]
B.Â
ACCESSORY BUILDING
ACCESSORY DWELLING
ALTERATION
BUILDING
BUILDING AREAÂ
CORNER LOT
DECK
EFFECTIVE DATE
FAMILY
FRONT LOT LINE
FRONT YARD
HABITABLE FLOOR AREA
(1)Â
(2)Â
HEIGHT
LIVESTOCK
LOT
LOT AREA
LOT DEPTH
LOT WIDTH
MAINTAIN
PATIO
PRINCIPAL BUILDING
PRIVATE GARAGE
PRIVATE STABLE
REAR LOT LINE
REAR YARD
RELIGIOUS RETREAT HOUSE
SETBACK
SIDE LOT LINE
SIDE YARD
SIGN
SINGLE-FAMILY DWELLING
SLOPE LANDS
STEEP SLOPE
STORY
STREET LINE
STRUCTURE
SWIMMING POOL
VERY STEEP SLOPE
VILLAGE
Unless otherwise expressly stated, the following words
shall, for the purpose of this chapter, have the meanings herein indicated:
A building or structure which is subordinate and accessory
to the principal building on the same lot and used solely for purposes
customarily incidental to those of the principal building, such as,
but not limited to, a private garage, private swimming pool (including
filters and mechanical equipment), whether above or below ground,
and appurtenant bathhouse, electrical meter panel board, generator,
heating, air-conditioning and other similar mechanical equipment;
a private toolhouse, children's playhouse and playground equipment,
one private tennis court and appurtenant tennis house per lot, a patio,
outdoor deck, paved or artificially created surface area used principally
as a recreational area, private riding ring, private paddock, corral
or other roofless, fenced enclosure for animals, private stable, private
barn, private kennel, any roofed enclosure for animals, freestanding
communication antennas which are used for the receiving or sending
of communication signals, and a noncommercial greenhouse. A roofed
accessory building shall not exceed 1,000 square feet of building
area, be more than 18 feet in height or exceed one story in height.
An accessory building may not be used or occupied for overnight habitable
purposes or rented as a separate unit. Mailboxes, entrance piers,
driveways, gateposts, light posts, fences, walls, retaining walls
not exceeding four feet in height, statuary and other similar structures
which do not generate noise or activity shall not be deemed accessory
buildings.
[Amended 1-10-1983 by L.L. No. 3-1983; 4-8-1985 by L.L. No.
1-1985; 7-9-2001 by L.L. No. 4-2001; 5-9-2005 by L.L. No.
2-2005]
A detached building legally existing prior to November 1,
1973, used as a single-family dwelling on a lot which contains a principal
building.
Any addition or modification in construction or arrangement
of structural supports or partitions, including an extension on any
side or increase in height of the structure, or any change in use
or to move a structure from one location or position to another. Reasonable
and ordinary repairs to remedy deterioration shall not be considered
as an alteration. The Board of Trustees may, by resolution, establish
construction guidelines which do not qualify as an alteration pursuant
to the above definition.
[Added 9-12-1983 by L.L. No. 5-1983]
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing and use by persons or the enclosure
of animals or chattels. The term "building" shall also include the
words "principal building," "accessory building" and "structure,"
except fences, walls or structures in the nature of a fence.
[Amended 8-9-1976 by L.L. No. 1-1976; 12-14-1981 by L.L. No.
3-1981]
[Amended 10-7-1985 by L.L. No.
2-1985]
The aggregate of the maximum horizontal cross-section area
of all buildings projected on a lot. The following shall be excluded
in the computation of building area:
A lot at the junction of two or more intersecting streets
or rights-of-way.
[Amended 7-14-1986 by L.L. No. 5-1986]
An outdoor, open, wooden platform either attached to or adjoining
an accessory building or principal building but not higher than the
first floor of said building, primarily used for outdoor living.
[Amended 10-7-1985 by L.L. No. 2-1985; 7-14-1986 by L.L. No.
5-1986]
The effective date of this chapter is the date of its adoption.
One or more persons related by blood, adoption or marriage
living and cooking together as a single housekeeping unit, exclusive
of bona fide domestic servants regularly employed in the principal
building, provided that such work or employment constitutes their
principal occupation at all times during such period of occupancy.
Two or more persons living and cooking as a single housekeeping unit
though not related by blood, marriage and adoption shall be deemed
a family pursuant to this definition.
[Amended 8-9-1976 by L.L. No. 1-1976; 9-11-2000 by L.L. No.
3-2000]
The front line of a lot is its street line. The front lot
line of a corner lot shall be deemed all abutting street lines. If
such lot extends through a block, the street line from which the principal
building sets back the lesser distance shall be deemed its front lot
line. In the case of a lot which does not have a street line, the
front lot line is the boundary line of such lot which is designated
as such in an application for a permit to erect or alter a building
on such lot or, if not so designated, the boundary line which is most
nearly parallel to a street.
[Amended 7-14-1986 by L.L. No. 5-1986]
An open, unoccupied space of a lot improved with buildings
located between the front line of the building and the street line
of the lot, measured on the shortest distance between the front wall
of the building and the front lot line.
[Amended 7-14-1986 by L.L. No. 5-1986]
The interior portion of a building designed for living, including
closet space, but not including garrets, attics, cellars, finished
or unfinished basements below grade, attached or built-in garages
or storage space, open or enclosed finished unheated porches, breezeways,
terraces and carports.
It shall be limited to mean, on the first floor,
all finished floor area having a clear headroom of 7Â 1/2 feet
or over, including partitions and stairwells, and on the upper floors
all finished floor area having a clear headroom of 7Â 1/2 feet
or over for a minimum horizontal measurement of six feet with side
walls of not less than 5Â 1/2 feet in height, including partitions
and stairwells.
Notwithstanding the definition of "habitable
floor area" contained herein, if there shall exist any conflict between
this definition of "habitable floor area" and any definition of "habitable
floor area" or requirement relating to habitable floor area, usable
floor habitable space or the like contained in the New York State
Uniform Fire Prevention and Building Code of lesser severity than
contained in this definition, then this definition shall supersede
such provision of the State Uniform Fire Prevention and Building Code
which is of less severity.[1]
For all buildings located in any district other than buildings
with pitched roofs in the A-3 District as described below, the height
of a building is the vertical distance measured from the mean original
ground level surrounding the building at the street wall to the highest
point of a building, including any attachment (Diagram A). Chimneys
extending not more than three feet above the highest point of the
roofed structure shall not be included in the building height. For
dwellings with pitched roofs located in the A-3 District on lots specifically
authorized for pitched roof measurement by the Planning Board as part
of a filed subdivision plat, the height of a building is the vertical
distance measured from the mean original ground level surrounding
the building at the street wall to a point midway between the highest
and lowest points of the roof (Diagram B), provided that chimneys
shall not be included in the building height if they do not extend
more than three feet above the highest portion of the roof. For the
purposes of this section, only a roof having a pitch of six vertical
on 12 horizontal or greater shall be considered a pitched roof. A
building with a pitched roof in the A-3 District shall not contain
a habitable third floor or an attic that contains habitable living
space. Notwithstanding to the above, the maximum height of any building
in the A-3 District, irrespective of roof design, shall not exceed
35 feet measured from the mean original ground level to the highest
point of the building, excluding a chimney projecting less than three
feet.
[Amended 7-14-1986 by L.L. No. 5-1986; 7-14-2003 by L.L. No.
3-2003; 5-9-2005 by L.L. No. 2-2005]
Includes four-legged animals other and larger than dogs and
cats, such as goats, sheep, cows and donkeys.
A portion or parcel of land, legally recognized as a unit,
devoted or to be devoted to a certain use or occupied or to be occupied
by one principal building and accessory buildings and uses customarily
incidental to it, including such open spaces as are required by this
chapter and such open spaces as are used or to be used in connection
with such buildings. "Lot" includes the word "plot."
[Amended 7-14-1986 by L.L. No. 5-1986]
The land area within the legal boundaries of a lot measured
only to the street line or lines which abut the lot, excluding any
portion of the lot which has less than 1/2 of the minimum lot width;
which lies within a driveway, right-of-way or access easement serving
the use or development of the portion of the property not within the
minimum front, side and rear yards; very steep slopelands; or which
is under water to the extent that the portion under water exceeds
10% of the minimum lot area for the zoning district in which the lot
lies. For the purposes of this definition, the area within utility
and drainage easements shall not be excluded from the computation
of lot area.
[Amended 7-14-1986 by L.L. No. 5-1986; 2-9-2004 by L.L. No.
1-2004]
The shortest distance between the street line and the rear
lot line nearest the street line.
[Amended 7-14-1986 by L.L. No. 5-1986]
The shortest distance between the side lot lines.
[Amended 7-14-1986 by L.L. No. 5-1986]
Carry on or continue.
A paved, brick or gravel uncovered area, adjoining an accessory
building or principal building, primarily used for outdoor living.
[Amended 10-7-1985 by L.L. No. 2-1985]
A building designed to be used as the main dwelling house
or building on the lot.
A building used for the housing of one or more motor vehicles
or conveyances 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.
A building used for the housing of one or more horses 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, such horses not to
be let for commercial livery.
The boundary line of a lot directly opposite the front lot
line. For a corner lot having more than one rear lot line, the owner
may elect, in his original building permit, which boundary line shall
be deemed a rear lot line and side lot line.
[Amended 7-14-1986 by L.L. No. 5-1986]
An open, unoccupied space on a lot improved with a building
located between the rear line of the building and the rear line of
the lot, measured on the shortest distance between the rear wall of
the building and the rear lot line.
[Amended 7-14-1986 by L.L. No. 5-1986]
A building used for religious prayer, meditation and instruction
containing facilities for the temporary overnight occupancy of persons
who are engaging in bona fide religious and spiritual contemplation,
meditation, prayer and instruction.
A setback of a building or of a story thereof from a lot
line is the horizontal distance from the lot line to the part of the
building or of the story, respectively, which is nearest to such lot
line, which shall be deemed to be the distance that such building
or story is set back or that it sets back from such lot line.
[Amended 7-14-1986 by L.L. No. 5-1986]
All boundary lines of a lot which are not a rear lot line
or a front lot line.
[Amended 7-14-1986 by L.L. No. 5-1986]
An open, unoccupied space on a lot improved with a building
situated between the building and the side lot line and extending
through from the street or from the front yard to the rear yard or
to the rear lot line. Any yard not a front yard or a rear yard shall
be deemed a side yard and shall be measured on the shortest distance
between the side wall of the building and the side lot line.
[Amended 7-14-1986 by L.L. No. 5-1986]
Includes the word "billboard" and shall be deemed to mean
any advertising structure, sign, picture, word or device for the advertisement
thereon or thereby of any commodity, service or thing.
A building designed for and occupied exclusively as a home
or residence for not more than one family, as "family" is herein defined.
In no case shall a lodging house, boardinghouse, group home, fraternity
house, sorority house or multiple dwelling be considered a single-family
dwelling.
[Amended 8-9-1976 by L.L. No. 1-1976]
Slopelands shall consist of steep slopes and very steep slopes
as determined from original natural grade.
[Added 2-9-2004 by L.L. No. 1-2004]
All areas of land with a topographical gradient of or greater
than 15% but less than 25% as measured over a horizontal length of
at least 25 feet and a horizontal width of at least 25 feet.
[Added 2-9-2004 by L.L. No. 1-2004]
That part of a building between any floor and the floor above
or, in its absence, the ceiling or roof above. A story in which persons
live, sleep, work or congregate, the ceiling of which is more than
three feet above the curb level, shall be counted as that fraction
of a story which its height above the curb level bears to the height
of the story. A story which extends less than three feet above the
curb level shall not be counted in determining the number of stories.
Any story under the pitched roof of the top of a building, the floor
of which is not more than two feet below the plate, shall be counted
a half story when not more than 60% of said floor area is used for
rooms, baths or toilets, otherwise it shall be counted as that fraction
of a story which its floor area in rooms, baths and toilets bears
to the entire area.
The boundary line of a lot abutting a street or right-of-way.
[Amended 7-14-1986 by L.L. No. 5-1986]
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
[Amended 8-9-1976 by L.L. No. 1-1976]
Any artificial body of water or receptacle for water having
a depth at any point greater than 18 inches and used or intended to
be used for swimming or bathing and constructed, installed or maintained
in or above the ground outside a building. For the purposes of this
chapter, the area of a swimming pool shall be deemed to include the
surface area of the water and the swimming pool coping.
[Amended 10-7-1985 by L.L. No. 2-1985]
All areas of land with a topographical gradient of or greater
than 25% measured over a horizontal length of at least 25 feet and
a horizontal width of at least 25 feet.
[Added 2-9-2004 by L.L. No. 1-2004]
The Village of Muttontown.
[1]
Editor's Note: Throughout this chapter, references
to the "Building Code of the Village" were amended to "New York State
Uniform Fire Prevention and Building Code" 9-11-2000 by L.L. No. 3-2000.
