A.
For the purpose of promoting the health, safety, morals
and the general welfare of the community of the Village of Islandia
and in accordance with a comprehensive plan, this chapter is designed
to lessen congestion in the streets; to secure safety from fire, flood,
panic and other dangers; to promote health and general welfare; to
provide adequate light and air; to prevent the overcrowding of land;
to avoid undue concentration of population; and to facilitate the
adequate provision of transportation, water, sewerage, schools, parks
and other public requirements.
B.
This chapter is adopted with reasonable consideration,
among other things, as to the character of each district and its peculiar
suitability for particular uses and with a view to conserving the
value of buildings and encouraging the most appropriate use of land
throughout the Village of Islandia.
C.
It is the intent of the Village, when it deems necessary,
to draw on the authority of and to enforce all provisions of New York
State law which grant local governmental powers, including but not
limited to the New York State Constitution, the Village Law the General
Municipal Law and the Municipal Home Rule Law.
A.
In promulgating said purposes, this chapter 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, courts and other open spaces, the density of population
and the location and use of buildings, structures and land for trade,
industry, residence or other purposes.
B.
It is the intention of the Village Board to hereby incorporate by reference and to make an integral part of this Zoning Code hereof Chapter 146, Subdivision Regulations, Chapter 108, Land Development Regulations, and Chapter 142, Site Plan Approval, for the purpose of defining as such, uses and application relative to the Village Zoning Code.
A.
Usage.
(1)
For the purposes of this chapter, unless the context
indicates to the contrary, words used in the present tense include
the future, words in the plural include the singular and words in
the singular include the plural. The word "lot" includes the word
"plot" and the word "building" includes structures, but shall not
include any boundary fence or wall. The word "shall" means mandatory.
The word "may" means discretionary. The words "used" or "occupied"
shall be construed as though followed by the words "or intended, arranged
or designed to be used or occupied."
(2)
All frontages, depths, widths and areas shall be net,
measured to or from the side streets, alleys or rights-of-way.
(3)
The word "person" includes a profit or nonprofit corporation,
company, partnership or individual.
(4)
The word "Village" shall mean the Village of Islandia.
(5)
The term "Village Board" shall mean the Village Board
of the Village of Islandia; the term "Planning Board" shall mean the
Planning Board of said Village; the term "Board of Appeals" shall
mean the Board of Appeals of said Village; the term "Village Clerk"
shall mean the Village Clerk of the Village of Islandia.
B.
ACCESSORY BUILDING, STRUCTURE OR USE
ACCESSORY SOLAR ENERGY SYSTEMS
ADULT HOME
APARTMENT UNIT
APARTMENT HOUSE
ASSEMBLY AND SOCIAL RECREATION HALL
ASSISTED LIVING RESIDENCE; SPECIAL NEEDS ASSISTED LIVING RESIDENCE
ATRIUM
AUTOMOBILE REPAIR SHOP
AUTOMOBILE SERVICE STATION
AUTO BODY REPAIR
BOARDING HOUSE
BUILDING
BUILDING AREA
BUILDING HEIGHT
BUILDING-INTEGRATED SOLAR SYSTEMS
CHILD DAY-CARE CENTER
COMMERCIAL BILLBOARDS
CONDITIONAL USE
CONDOMINIUM
CONVENIENCE STORE
COOPERATIVE
DANCE HALL
DECKS
DIAGNOSTIC AND TREATMENT CENTER
DRIVE-IN SERVICE OR RETAIL
DWELLING, MULTIPLE
DWELLING, SENIOR-CITIZEN-SHARED
DWELLLNG, SINGLE OR ONE-FAMILY
DWELLING, TWO-FAMILY
EQUINE-ASSISTED THERAPY
FAMILY
FAMILY DAY-CARE HOME
FENCE
FLOOR AREA RATIO (FAR)
GAME ROOM
GARAGE, PRIVATE
GARDEN APARTMENTS
GROSS FLOOR AREA (GFA)
HEALTH MAINTENANCE ORGANIZATION ("HMO")
HOME OCCUPATION
HOSPITAL
HOTEL
HOTEL/GAMING FACILITY
IMPERVIOUS COVERAGE
INDOOR SPORTS ESTABLISHMENT
INSTITUTIONAL DISPENSER OF CONTROLLED SUBSTANCES
LOT
LOT AREA
LOT, CORNER
LOT, THROUGH
MEDICAL USE IN THE NEIGHBORHOOD RETAIL DISTRICT
MULTIFAMILY HOUSING
NONCONFORMING USE
NONCONFORMING LOT
NONCONFORMING STRUCTURE OR BUILDING
NURSING HOME
OUTDOOR STORAGE
PARCEL
PARK
PARKING, OFF-STREET
PARKING SPACE
PLANNING BOARD
PREMISES
PRINCIPAL BUILDING
PRINCIPAL USE
RESTAURANT
RESIDENTIAL HEALTH CARE FACILITY
ROOMING HOUSE
SHARED HEALTH FACILITY
SHOPPING CENTER
SIGN
SKYLIGHT
SPECIAL PERMIT
STORAGE
STORAGE SHED
STORY
STREET
STRUCTURE
SURVEY
TOWN HOUSE
USE
WHOLESALE/RETAIL ESTABLISHMENT
YARD
(1)
(2)
YARD, FRONT
YARD, REAR
YARD, SIDE
Definitions. The following definitions do not necessarily
signify or imply that the subject of the definition is a permitted
or conditionally approved use.
A "building," "structure" or "use" customarily incidental
and subordinate to the principal "building" or "use" and located on
the same lot with such principal "building" or "use."
A solar energy system that transforms solar energy into another
form of energy or transfers heat from a collector to another medium
using mechanical, electrical, or chemical means. Structures or devices
which provide power to any other dwelling or structure located on
a separate property are not considered part of this definition.
[Added 12-6-2011 by L.L. No. 4-2011]
An adult-care facility, duly licensed, pursuant to New York
State Social Services Law, established and operated for compensation
and profit for the purpose of providing long-term residential care,
room, board, housekeeping, personal care and supervision to five or
more adults unrelated to the operator, as provided in NYCRR, Part
485 (Social Services), and shall not include a nursing home or a skilled
nursing facility.
One or more rooms with sanitary facilities and cooking facilities
comprising an independent, self-contained dwelling unit.
A structure containing three or more apartment units.
A center, excluding game rooms or game centers, in which
people assemble, where the purposes of assembly are amusement, entertainment,
education, recreation, socialization, relaxation, association or communication
or any similar purpose or purposes. Such establishment may serve alcoholic
beverages or allow their consumption on the premises.
An adult home, duly licensed pursuant to the New York State
Public Health Law, which provides or arranges for housing, on-site
monitoring, and personal care services and/or home care services (either
directly or indirectly) in a home-like setting to five or more adult
residents unrelated to the assisted living provider as provided in
10 NYCRR Part 1001 (Department of Health). A special needs assisted
living residence is an assisted living residence that has been issued
additional certification by the New York State Department of Health
which authorizes it to serve persons with special needs (such as Alzheimer's
disease or dementia) in accordance with a special needs plan approved
by the Department of Health, pursuant to the requirements of 10 NYCRR
Part 1001. An assisted living residence or special needs assisted
living residence shall not include a residential health care facility,
general hospital, continuing care retirement community, nursing home,
skilled nursing facility, independent senior housing, shelter or residence
for adults, hospice, or hospice residence.
[Added 8-26-2014 by L.L. No. 5-2014]
A vertical opening penetrating through one or more floors
to create an open effect within a building.
A building of one or more stories in height used either for
the storage incidental to the repair or repair of automobiles and
trucks.
Any building, land area or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels; servicing
and repair of automobiles; and including as an accessory use the sale
and installation of lubricants, tires, batteries and similar vehicle
accessories. "Automobile service stations" shall not include premises
where automobile painting and body fender work are conducted.
Any building, land area or other premises, or portion thereof,
used for the repair of automotive vehicle bodies, including painting
and body fender work.
A residential use consisting of at least one dwelling unit,
together with more than two rooms that are rented or are designed
or intended to be rented.
A structure having a roof supported by columns or walls.
When separated by a party wall without openings, it shall be deemed
a separate "building."
The aggregate of the maximum cross-sectional areas of the
buildings on the lot, excluding cornices, eaves or gutters projecting
not more than 18 inches, steps, open terraces or other features of
an ornamental character.
The vertical distance measured from the average elevation
of the existing natural grade (before any fill has been or is proposed
to be placed thereon), as established on a plan prepared by a licensed
professional surveyor, to the highest point of the roof or structure.
Chimneys, parapet walls, spires, towers, elevator penthouses, tanks
and similar customary projections shall not be included in height,
provided that they project above the roof not more than 12 feet in
height.
[Amended 7-2-2013 by L.L. No. 5-2013]
An active solar system that is an integral part of a principal
or accessory building, rather than a separate mechanical device, replacing
or substituting for an architectural or structural component of the
building. Building-integrated systems include but are not limited
to photovoltaic or hot-water solar systems that are contained within
roofing materials, windows, skylights, and awnings.
[Added 12-6-2011 by L.L. No. 4-2011]
A child day-care center duly licensed pursuant to the New
York State Social Services Law, as amended, and as provided for NYCRR
Part 418 (Social Services), as amended.
Any outdoor sign attached to a pole or post or posts safely
embedded in the ground which is larger than an advertising sign.
A use that, owing to some special characteristics attendant
to its operation or installation (for example, potential danger, smoke
or noise) is permitted in a district subject to approval by the Village
Board or Board of Appeals, and subject to special requirements, different
from those usual requirements for the district in which the conditional
use may be located.
Defined as provided in Article 9-B of the New York Condominium
Act (Real Property Law, § 339-e) and shall be deemed to
include the Homeowner's Association-type of ownership.
An establishment within a freestanding building which offers
a limited variety of food, household and sundry items, with sales
dependent upon convenience of location, speed of service and accessibility
and are not dependent upon comparison shopping or pedestrian traffic
within the site or an adjoining site.
Defined as provided in the New York Cooperative Corporations
Act.
A public hall in which people assemble where the main purpose
of assembly is dancing to musical accompaniment, live or recorded.
Such establishment may serve alcoholic beverages. It shall have conspicuously
posted on the premises a certificate of compliance with the State
Labor Law assembly provisions and shall comply with the Village of
Islandia Fire Prevention Code and other applicable statutes and laws
and shall be deemed an accessory use.
[Amended 2-1-1996 by L.L. No. 2-1996]
A single or multilevel open, flat, floored structure, without
a roof or other enclosed structure, composed of wood, metal, masonry
or similar material and associated with patios, porches, porticos,
balconies and sun decks, subordinate to the principal building on
a lot, used for purposes customarily incidental to the principal building,
not used for habitation and which does not exceed the size of the
principal building or its floor area ratio (FAR). Decks having a height
of more than 18 inches shall be considered accessory structures.
A "diagnostic and treatment center" licensed by the Department
of Health pursuant to the provisions of Article 28 of the Public Health
Law of the State of New York for the provision of out-patient primary
medical care, including specialty care, but excluding medical or health
care services required to be performed or more appropriately performed
in a hospital. For the purposes of this code, a "diagnostic and treatment
center" shall not be deemed to be a hospital as defined in § 2801
of the Public Health Law of the State of New York.
A facility where a product is sold or a service rendered
without the customer leaving his vehicle.
A building or portion thereof arranged, designed or occupied
by three or more families living independently of each other with
separate cooking facilities. A boardinghouse, furnished-room house,
dormitory, rooming house, tourist house or fraternity house is a building
in which there are less than 30 sleeping rooms occupied primarily
by transients who are lodged with or without meals and in which there
are provided such services as are incidental to its use as a temporary
residence and is a "multiple dwelling"; a dwelling occupied by one
or two families with five or more transient boarders, roomers or lodgers
in one or both households.
A single-family dwelling occupied by a family and by one
person who is not a member of that family; one occupant of such dwelling
shall be at least 60 years of age.
[Amended 2-1-1996 by L.L. No. 2-1996]
A detached building arranged, designed for or occupied exclusively
as a home or residence for one family doing its own cooking.
A building arranged, designed for or occupied exclusively
as a home or residence for not more than two families living independently
of each other with separate cooking facilities.
Including equine-assisted therapy (EAT), equine-assisted
psychotherapy (EAP), and equine-assisted learning (EAL), equine-facilitated
learning (EFL), and equine-facilitated psychotherapy (EFP) and hippotherapy,
is a type of animal assisted therapy, a field of mental health and
medical arts practitioners that utilizes equine activities, set up
and facilitated by a licensed mental health professional, often with
the help or standby support of a horse professional, in the treatment
to their patients.
[Added 3-31-2015 by L.L.
No. 1-2015]
A single individual doing his own cooking and living upon
the premises as a separate housekeeping unit, or a collective body
of persons doing its own cooking and living together upon the premises
as a separate housekeeping unit in a domestic relationship based upon
birth, marriage or other domestic bonds, as distinguished from a group
occupying a boardinghouse, furnished-room house, rooming house, tourist
house, club, fraternity or hotel.
A "family day-care home" duly licensed pursuant to New York
State Social Services Law as amended and as provided for in NYCRR
Part 417 (Social Services), as amended.
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen or separate areas, whether
natural or otherwise.
The gross floor area of a structure divided by the total
lot area.
A building or structure or an area within a building or structure,
or part thereof, used for video and arcade games usually operated
by coins, but does not include video gaming terminals and facilities
such as, but not limited to, video lottery terminals (VLTs) authorized
under § 1617-a of the New York State Tax Law and licensed
by the New York State Gaming Commission, and off-track betting simulcast
facilities authorized pursuant to the New York State Racing, Pari-Mutuel
Wagering and Breeding Law.
[Added 11-28-2017 by L.L.
No. 3-2017]
A building used for the storage of motor vehicles owned and
used by the occupants of the premises upon which it is located.
A group of detached or attached apartment houses not more
than two stories in height containing dwelling units with each unit
having its own cooking facilities.
The total area of a building measured by taking the outside
dimensions of the building at each floor level above or below grade
intended for occupancy or storage. All accessory structures shall
be included in GFA calculations when computing floor area ratios with
the following exceptions: aboveground pools and decks on residential
parcels, surface parking and pedestrian walkways, structured parking
decks not greater than 18 feet in height on sites greater than 10
acres and all below-grade parking.
[Amended 3-7-2005 by L.L. No. 1-2005]
Defined as set forth in the Public Health Law, § 4401,
as amended, and the regulations promulgated thereunder.
An accessory use of a service character customarily conducted within a dwelling by the residents thereof which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use and in connection therewith there is not involved the keeping of a stock-in-trade or the use of equipment which creates offensive noise, vibration, smoke, dust, odors, heat, glare or electronic interference, or advertisement, other than an identification sign as permitted and regulated in Article XIII. A home occupation shall not be interpreted to include a veterinarian, optometrist, insurance agent or real estate broker nor shall dance studios, musical instruction groups, art or photo galleries, restaurants, beauty parlors, barbershops, convalescent homes and mortuary establishments be deemed to be home occupations.
Defined as set forth in Public Health Law, § 2801,
as amended, and the regulations promulgated thereunder, and includes
an independent out-of-hospital health facility and any clinic certified
pursuant to the Public Health Law, Social Services Law and Mental
Hygiene Law.
An establishment in which there are multiple sleeping rooms
in one building or structure occupied primarily by transients who
are lodged for a maximum of seven days. Cooking facilities other than
a coffeemaker and small (two cubic feet or less) refrigerator may
not be contained within the rooms; however, a restaurant and such
other services as are incidental to the use thereof as a temporary
residence may be provided.
[Amended 7-29-1998 by L.L. No. 7-1998]
A hotel with more than 150 rooms with an indoor facility
containing video lottery terminals (VLTs) authorized by § 1617-a
of the New York State Tax Law and licensed y the New York State Gaming
Commission and/or simulcast off-track betting simulcast facilities
authorized pursuant to the New York State Racing, Pari-Mutuel Wagering
and Breeding Law, located on a site having a minimum lot area of seven
acres and at least 600 feet of frontage on the Long Island Expressway
(Interstate 495) and/or a Long Island Expressway service road. A restaurant
and/or other such uses which are primarily intended for use by visitors,
guests or customers of the hotel/gaming facility may be provided and/or
operated.
[Added 11-28-2017 by L.L.
No. 3-2017]
Any coverage of the surface of the ground by a material that
prevents the absorption of stormwater.
[Added 3-7-2005 by L.L. No. 1-2005]
An establishment for the purpose of indoor sports activity,
including basketball, tennis, roller or ice skating, soccer, lacrosse,
volleyball.
[Added 4-1-2002 by L.L. No. 2-2002]
Defined as set forth in the Public Health Law, § 3302,
Subdivision 11, as amended, and the regulations promulgated thereunder.
A parcel of land, exclusive of street areas, used or designed
to be used by one use or building or by a related group of uses or
buildings and the accessory uses or buildings customarily incident
thereto, including such open spaces as are required by this chapter.
Upland only shall be termed land; neither land under water, shore,
strand nor beach shall be deemed land for the purpose of this chapter.
The total area measured inside all the lot lines, excluding
any street rights-of-way or land below water.
A lot with frontage on two or more intersecting streets.
A lot extending from one street to another, having frontage
on two streets.[1]
Where located in the Neighborhood Retail District and only
when located on a two-way highway such as Veterans Memorial Highway
(New York State Route 454), the following are permitted uses in the
Neighborhood District: Urgent care facility (walk-in clinic), health-related
facility (excluding overnight residential treatment facilities), medical
clinic (office of a physician, surgeon, chiropractor, osteopath, licensed
physical therapist), dentist, child day-care facility, adult day-care
facility, research and development (uses involving laboratories for
scientific or industrial research, testing and development), animal
care center, veterinarian (provided all activities take place within
the building and there is no boarding or overnight stays permitted).
[Added 3-27-2018 by L.L.
No. 1-2018]
A structure containing more than one dwelling unit, or accommodations
for habitation by more than one family, or separate living quarters
in the same structure.
[Added 7-2-2013 by L.L. No. 7-2013]
Any use or activity which is legal because it was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but which is nonconforming by reason of such adoption, revision or
amendment (to conform) to the present requirements of the zoning district.
A lot, the area dimension or location of which is legal because
it was lawful prior to the adoption, revision or amendment of a zoning
ordinance, but which is nonconforming by reason of such adoption,
revision or amendment to the present requirements of the zoning district.
A structure or building, the size, dimensions or location
of which is legal because it was lawful prior to the adoption, revision
or amendment of a zoning ordinance, but which is nonconforming by
reason of such adoption, revision or amendment to the present requirements
of the zoning district.
Defined as set forth in Public Health Law § 2801,
as amended, and the regulations promulgated thereunder.
Where specifically permitted in this chapter, the keeping
as an accessory use in an unenclosed area of any goods, material,
merchandise or registered operable vehicles in the same place for
more than 24 hours. All "outdoor storage" shall be in the rear yard
and at least 10 feet from all property lines and shall be adequately
screened. The height of the storage shall not exceed the height of
the perimeter fence, with the exception of motor vehicles.
All the land contiguously owned, bounded by property lines.
Any and all land and/or physical structures owned or controlled
by the Village of Islandia or other governmental body. These shall
include areas whether active or passive, designated as "parks," "picnic
areas," "nature reserves," "playgrounds," "play areas," "fields,"
including but not limited to "driveways," "walkways," "parking areas"
leading thereto or other special use areas as designated by the Village
Board.
The area of a lot or building used or designed to be used
for the purpose of accessory parking of vehicles. Such area shall
be on or part of the same lot on which the principal use is located.
The space required for each motor vehicle intended or required to be parked in an off-street parking area. For the size parking space required, refer to § 177-102.
The Village Board of Trustees is designated as the "Planning
Board" for the Village.
Land with or without buildings and structures thereon.
A building in which the principal use of the lot upon which
it is located is conducted.
The primary or predominant use of any lot.
A building or a part of a building in which food and/or beverages are prepared and served to patrons seated at tables and/or counters. A restaurant may also include an indoor takeout service area, with parking spaces reserved for the takeout customers, but shall not include drive-through window service, except as provided in § 177-63F. For purposes of this Code, a restaurant shall not be considered a retail business.
[Amended 12-4-1997 by L.L. No. 6-1997; 7-1-2014 by L.L. No.
3-2014]
Defined as set forth in Public Health Law § 2801,
as amended, and the regulations promulgated thereunder.
See "boarding house."
Defined as set forth in the Public Health Law § 4702,
as amended, and the regulations promulgated thereunder.
A use of land, buildings or structure by one or more retail
enterprises where the proposed use occupies a site of one or more
acres, or where the total floor area of the buildings or structures
is 15,000 square feet or more, in each case whether built at one time
or in two or more construction stages.
Any structure, device or display consisting of, but not limited
to, any letter, symbol, trademark, model, banner, flag, pennant, insignia,
light decoration, illustration, representation or combination thereof
used for the purpose of advertisement, announcement, identification
or other attention-directing intent. A "sign" does not include the
flag, pennant or insignia of a governmental or religious institution
and does not include any display of a court or official public notices.
An opening in a roof or ceiling fitted with glass for admitting
daylight and the frame set with glass fitted to such an opening, whether
or not to be operable and whether or not it be integrated in or form
a part of an atrium.
see "conditional use." (All special exceptions granted prior
to the adoption of this chapter shall be deemed to be "special permits.")
[Amended 2-1-1996 by L.L. No. 2-1996]
A use or activity in which goods are stored, but not including
goods or merchandise meant for immediate sale or disposal located
inside a structure.
A detached accessory structure without electrical or plumbing
services, not extending more than eight feet above the property grade,
used only for the storage of items customarily incidental to the principal
use and located on the same lot as the principal use.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between such floor and the ceiling
next above it.
A public or private way which affords the principal means
of access to abutting properties.
Any combination of materials to form a construction for use,
occupancy or ornamentation whether installed on, above or below the
surface of land or water.
A plot plan signed and sealed by a licensed surveyor or engineer
in the form prescribed by the American Land Title Association (ALTA),
defining existing and proposed lot lines, elevations, monuments, utilities,
structures, road improvements, drainage, rights-of-way and easements.
Recent test hole data shall also be shown.
[Added 2-1-1996 by L.L. No. 2-1996]
A building containing three or more dwelling units wherein
each unit has its own front and rear access to the outside, no unit
is located over another unit and each is separated from the other
by one or more common vertical walls.
The purpose for which land or a building or structure is
designed, arranged, intended or for which it is or may be occupied
or maintained. The term "permitted use" shall not be deemed to include
a nonconforming use.
A building occupied by a business establishment which is
constructed on both the interior and exterior as a warehouse-style
building and which is used to sell products and goods individually,
in bulk or in quantity to the general public.
An open space that lies between the principal
building or buildings and the nearest lot line. The minimum required
yard as set forth in the ordinance is unoccupied and unobstructed
from the ground upward except as may be specifically provided in the
zoning ordinance.
Permitted encroachments — In
residential districts, the Professional Office District and for hotels
and motels, the following encroachments are hereby permitted:
The open space between the street line and the nearest part
of any building.
Open space on the same lot with the principal building between
the rear line of said building and the rear line of the lot.
Open space on the same lot with the principal building situated
between the building and the side line of the lot and extending through
from the street or from the front yard to the rear yard of the lot.
Any lot line not a street line or a rear line shall be deemed a "side
line."
[1]
Editor's Note: The former definition of "motel,"
which immediately followed this definition, was repealed 7-29-1998
by L.L. No. 7-1998.
In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
adopted for the promotion of health, safety, morals, comfort, convenience
or the general welfare.
A.
Two street frontages other than a corner. A front
yard setback shall be required on both street frontages of a through
lot.
B.
Three street frontages, including one or more corners.
A front yard setback shall be required on both street frontages of
the through lot, and in addition there shall be a front yard setback
facing the side street of at least the minimum number of feet required
for a corner lot in the zoning classification in which the premises
are located.
The lot or yard areas required by this chapter
for a particular building or use shall not be diminished below the
minimum requirements and shall not be included as a part of the required
lot or yard areas of any other building or use. If the lot or yard
areas required by this chapter for a particular building or use are
diminished below the minimum requirements, the continued existence
of such building or use shall be deemed to be a violation of this
chapter. The lot or yard areas of buildings or uses existing at the
time of the passage of this chapter shall not be diminished below
the requirements herein provided for buildings hereafter erected or
uses undertaken, and such required areas shall not be included as
a part of the required areas of any building hereafter erected or
uses undertaken.
Nothing herein contained shall require any changes
in the plans, construction or designed use of a building for which
a building permit has been issued and actually under construction
to the extent of having created a vested interest thereby at the time
of the adoption of this codification or at the time of the adoption
of any amendment hereto, provided that the entire work under such
permit is completed within two years from the date of adoption of
the legislative enactment.
[Amended 2-1-1996 by L.L. No. 2-1996]
Abandonment of project for which authorization,
approval or special permit is granted. Any building permit authorized,
approved or granted by authorization of or special permit by the Village
Board shall become null and void if said building permit has not been
secured within eight months from the date of such authorization, approval
or special permit and work commenced thereunder and completed within
18 months from the date of the issuance of said permit or renewal
permit, or the lot or premises used for the purposes granted by said
authorization, approval or special permit within eight months from
the date of the order or decision of the said Village Board.
No unofficial street located on real estate
subdivision maps that have not been approved by the Planning Board
shall be opened or improved until a permit for the same has been obtained
from the Village Board after Planning Board approval. Application
for permit to open or improve an unofficial street may be obtained
from the Village Clerk and shall be filed with the Planning Board
on a form prescribed by them, together with a bond sufficient in form
and amount to insure the performance of the proposed work. All fees
for permits to open or improve roads shall be as established in the
Village fee schedule.[1]
[1]
Editor's Note: The Village fee schedule is
on file in the office of the Village Clerk.
[Amended 2-1-1996 by L.L. No. 2-1996]
No land shall be used and no building or structure
shall be erected or structurally altered which is arranged, intended
or designed to be used which shall include any pipe, conduit or other
device which carries or is intended to carry any industrial waste
fluids or effluent of any kind from any sewage treatment, collection
or disposal system if said effluent in said pipe, conduit or other
device shall run or flow directly into any stream, river, lake, pond,
aquifer, wetlands or other waterway.
