[Amended 6-20-1988 by L.L. No. 6-1988]
For the purpose of promoting the health, safety,
morals and general welfare of the community; for the purpose of lessening
congestion in the streets; for the purpose of securing safety from
fire, panic and other dangers; for the purpose of providing adequate
light and air; for the purpose of preventing the overcrowding of land
and avoiding undue concentration of population; for the purpose of
conserving the value of buildings and encouraging the most appropriate
use of land throughout the Village; for the purpose of providing for
the public health, comfort and general welfare in living and working
conditions; and for the purpose of regulating and restricting 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 the use of buildings, structures and land for trade, industry,
residence or other purposes, the Village of Williston Park, Nassau
County, New York, is hereby divided into five zoning districts, as
follows, as shown on the Zoning Map, which accompanies this chapter
and which forms a part of this chapter,[1] said map being entitled "Building Zone Map of the Village
of Williston Park, Nassau County, New York" and annexed hereto and
made a part hereof:
A.
Residence A District.
B.
Residence B District.
C.
Business District.
D.
Light Industry District.
E.
Edu-Cultural District.
[1]
Editor's Note: The Zoning Map is included
in a pocket at the end of this volume.
The boundaries of the zoning districts are as
shown upon said Zoning Map. Said map and all notations, references
and other things shown thereon shall be a part of this chapter as
if the matters and things shown by said map were all fully described
herein.
No building or premises shall be erected or
used for any purpose other than a purpose permitted in the zoning
district in which such building or premises is located.
A.
General terms. 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"; the word "shall" is always mandatory;
and the word "occupied" or "used" shall be considered as though followed
by the words "or intended, arranged or designed to be used or occupied."
B.
ACCESSORY USE
ALTERATION
APARTMENT HOUSE
AREA, BUILDING
BASEMENT
BODY PIERCING STUDIO
BUILDING
BUILDING, ACCESSORY
BUILDING, FRONT LINE OF
BUILDING HEIGHT
CELLAR
CURB LEVEL
DEPTH OF LOT
DOG KENNEL
DWELLING, ONE-FAMILY
DWELLING, MULTIPLE
DWELLING, TWO-FAMILY
FAMILY
FILLING STATION
FLOOR AREA OF A BUILDING
GRADE, ESTABLISHED
LINE, BUILDING
LINE, STREET
LOT
MASSAGE ESTABLISHMENT
(1)
(2)
(3)
(4)
MASSAGE TECHNICIAN
NONCONFORMING USE
PERSONAL SERVICES
PORCH
REAR YARD
REAR YARD DEPTH
SIDE YARD
SMOKING
SMOKING-RELATED PRODUCTS
TATTOO
TATTOO STUDIO
TWO-AND-ONE-HALF-STORY BUILDING
YARD, FRONT
Specific words. As used in this chapter, unless the
context or subject matter otherwise requires, the following terms
shall have the meanings indicated:
A use incidental to the principal use of a building. In buildings
restricted to residence use, the office of a professional person,
customary family occupations and workshops not conducted for compensation
shall be deemed accessory uses.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
A story partly underground but having at least 1/2 of its
cubical contents above the level of the adjoining ground. A basement
shall not be counted as a story.
A business that, as one of its principal uses, implants,
perforates, or pierces the skin or other body part to make a hole,
mark or scar for a nonmedical purpose. A body piercing studio shall
not include a jewelry store, boutique, beauty parlor, or similar establishment
that uses a mechanized, presterilized ear piercing system that penetrates
the outer perimeter or lobe of the ear or both as an accessory use
to a principal use.
[Added 10-19-2009 by L.L. No. 4-2009]
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
A supplemental building, the use of which is incidental to
that of a main or principal building and located on the same lot therewith.
The line of that face of the building nearest the front line
of the lot, but does not include steps.
[Amended 1-19-2016 by L.L. No. 1-2016]
The vertical distance measured, in the case of flat roofs,
from the curb level to the level of the highest point of the roof
beams adjacent to the street walls and, in the case of pitched roofs,
from the curb level to the main height level of the gable. Where no
roof beams exist or there are parts of structures wholly or partly
above the roof, the height shall be measured from the curb level to
the level of the highest point of the building.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible number of stories.
The mean level of the curb at the street frontage of the
building where the mean curb level is highest. Where the curb level
is not established or the building sets back from the street line,
the average ground level adjoining the street wall of the building
shall be considered the curb level.
The mean distance from the street line of a lot to the rear
line measured in the general direction of the side lines of a lot.
The keeping of more than two dogs that are more than six
months old.
A detached building designed for or occupied exclusively
by one family.
A building or portion thereof containing three or more dwelling
units.
A building designed for or occupied exclusively by two families
living independently of each other with such living accommodations
so located as to be on separate floors in the same building.
One or more persons occupying a dwelling unit as a single,
nonprofit housekeeping unit, who are living together as a bona fide
stable and committed living unit, being a traditional family unit
or the functional equivalent thereof, exhibiting the generic character
of a traditional family.
Any area of land, including structures thereon, that is used
or designated to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
dry cleaning or otherwise cleaning or servicing such motor vehicles.
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not devoted to residential use, but
including the area of roofed porches and roofed terraces. All dimensions
shall be measured between exterior faces of walls.
The elevation of the center line of the streets as officially
established by the Village, town, county or state authorities.
The wall of a building or part of a building nearest to the
street line.
The dividing line between the street and the lot.
Any parcel of ground under one ownership which is occupied
or is intended to be occupied by one building and its accessory buildings
or uses and including such open spaces as are required.
Any premises, place of business or membership club where
the primary use is providing or giving for a fee or other form of
consideration a massage, fomentation, bath, manipulation of the body,
electric or magnetic treatment, alcohol rub or other similar massage
service or procedure. A use where accessory massage occurs shall not
be classified as a massage establishment. Accessory massage uses shall
be where massages occurs either permanently or temporarily and the
area where the massage occurs covers less than 20% of the gross floor
of the principal use. The following professions and services shall
not be classified as a massage establishment.
[Added 10-19-2009 by L.L. No. 4-2009]
Any duly licensed medical physician, doctor, surgeon, osteopath,
chiropractor, acupuncturist, registered nurse, or other person licensed
by the state while engaging in practices as part of their license;
Any barber, beautician, manicurist, cosmetologist, and esthetician
who is licensed under the laws of the State of New York while engaging
in practices as part of their license. This exemption shall include
hospitals, nursing homes, sanitariums, or any other health facility
duly licensed by the State of New York or accredited high schools,
junior colleges, colleges, or universities whose coaches and trainers
are acting within the scope of their employment.
Shall not apply to physical therapists and trainers of amateur,
semiprofessional, or professional athletes or athletic teams while
engaging in their training responsibilities for and with athletes.
Any massage technicians offering massage services to a fully
clothed client in public common areas where the primary use is not
a massage establishment (i.e. chair massage services in a supermarket,
massage services in the courtyard of an outdoor or indoor shopping
center). These massage technicians shall comply with the permit requirements
of New York State.
Any person, who in connection with the activities of a massage
establishment or accessory massage, administers to another person
a massage, alcoholic rub, fomentation, bath, electric or magnetic
massage procedure, manipulation of the body or other similar procedure.
All massage technicians operating in the Village shall be licensed
by the State of New York and shall practice and engage in this licensed
profession.
[Added 10-19-2009 by L.L. No. 4-2009]
A building, structure or use of land legally existing at
the time of enactment of this chapter or any subsequent amendment
hereto which does not conform to the regulations of the district in
which it is situated.
An establishment providing nonmedical services to individuals
as a primary use, which may include the accessory retail sales of
products related to the services provided. A personal service establishment
that may tend to have a detrimental and/or deteriorating effect upon
surrounding areas and that may need to be dispersed from other similar
uses to minimize adverse impacts maybe regulated in accordance with
pertinent sections of the Village Code.[2]
[Added 10-19-2009 by L.L. No. 4-2009]
A porch with a roof supported by columns and open on three
sides or an open porch without a roof. A porch may encroach into the
front yard provided that it is one story in height, is not more than
three feet in height above grade, and projects into the front yard
not more than six feet from the face of the building and further provided
that the space between the street line and the porch is not less than
10 feet.
[Added 1-19-2016 by L.L.
No. 1-2016]
An unoccupied space, except for accessory buildings, on the
same lot and extending from the rear line of the building to the rear
line for the full width of the lot.
The distance between the rear line of the building and the
rear line of the lot.
An open, unoccupied space on the same lot between the building
and the side lot line and extending from the front building line to
the rear yard.
The burning of any matter or substance, including but not
limited to tobacco, herbs, fruits, and spices, that is smoked or intended
to be smoked in any of the methods that tobacco is smoked, including
but not limited to cigarette, cigar, pipe filler, or water pipe, and
also includes the vaporizing of vapors, e-liquids and any matter or
substance for the purpose of consuming same orally through electronic
cigarettes, e-cigarettes or any other similar device.
[Added 5-16-2016 by L.L.
No. 3-2016]
Any products or devices used to facilitate smoking activities,
including but not limited to tobacco, pipes, water pipes, bongs, rolling
paper, or similar products, and electronic cigarettes, e-cigarettes,
and, when specifically intended to be used in conjunction with other
smoking-related products, any herbs, fruits, spices, vapors, e-liquids
and any other matter or substance so intended.
[Added 5-16-2016 by L.L.
No. 3-2016]
Any permanent mark made on the body of a person with indelible
ink or pigments injected beneath an outer layer of the skin or other
part of the body.
[Added 10-19-2009 by L.L. No. 4-2009]
A business that marks the skin with any indelible design,
letter, scroll, figure, symbol or any other mark that is placed under
the skin aided by needles or other instruments with any substance
that will leave color under the skin and that cannot be removed, repaired
or reconstructed without a surgical procedure.
[Added 10-19-2009 by L.L. No. 4-2009]
A building with two full stories, the main eaves of the roof
of which are not more than 1/2 the height of another story.
An open, unoccupied space on the same lot with the main building,
extending the full width of the lot and situated between the street
line and the front line of the building projected to the side lines
of the lot. The depth of the front yard shall be measured between
the front line of the building and the street line. Cornices, eaves,
gutters, chimneys or bay windows on a main building may project into
the required front yard, provided that such encroachment does not
exceed 18 inches. "Cornice" shall mean the upper horizontal molding
of a building, column or wall.
[Amended 3-18-1991 by L.L. No. 3-1991; 1-19-2016 by L.L. No.
1-2016]
All forms and applications to the Board of Trustees
acting as the Building Committee for the building permit now or hereafter
required shall be completed so as to furnish such information as may
be necessary in order to show that the proposed structure will comply
with the provisions of this chapter.
