A.
Permitted uses. In the Residence A District, no building
or premises shall be used and no building shall be erected or altered
for other than one or more of the following specified uses:
(1)
A single-family detached house having a minimum of
800 square feet of liveable floor area.
(2)
A church, private or public school or public library.
(3)
A municipal playground or park.
(4)
The office of a doctor, dentist, artist, lawyer or
any other similar customary accessory use shall be permitted when
not located outside of the dwelling house, provided that there is
no display or advertisement (except as may be authorized under the
sign regulations of this Village[1]). In no event shall the floor area of any such building
used for the office of a doctor, dentist, artist, lawyer or other
such similar customary accessory use exceed 1/3 of the total floor
area of such dwelling, nor shall such space be used by more than one
doctor, dentist, artist, lawyer or other authorized user. The term
"doctor" as used herein shall mean a physician duly licensed by the
State of New York to practice medicine and shall be limited to medical
practice to human beings. Veterinarians' offices and testing laboratories
are accordingly specifically prohibited.
[Amended 6-21-1976 by L.L. No. 2-1976]
(5)
Accessory buildings and/or structures and portable
sheds, subject to the following:
[Amended 3-16-1992 by L.L. No. 1-1992]
(a)
Accessory buildings and/or structures shall
not exceed 15 feet in height at their highest point nor occupy more
than 40% of the area of the rear yard. The yard area occupied by an
accessory building or structure shall be included in computing the
maximum percentage of the lot area which may be utilized for building.
(b)
A portable shed (an enclosure used for the storage
of garden and recreational equipment and not having a firm attachment
to the ground) shall not exceed 144 square feet in size nor 10 feet
in height at its highest point. No more than one such shed shall be
allowed per parcel.
(c)
Accessory buildings and/or structures and portable
sheds shall be located in the rear yard area and shall be not less
than three feet in distance from the rear and side lot lines, provided
that on a corner lot of 100 feet or less in depth an accessory building
or structure or portable shed shall be located as far as possible
away from the front property lines.
B.
Prohibited uses; exceptions.
(1)
Two-family detached residences are expressly prohibited, except as permitted by § 230-16D of this chapter and two-family residences existing prior to October 2, 1967, for which a two-family certificate of occupancy has been issued by the Village.
(3)
A rooming house or boardinghouse is expressly prohibited. For the purposes of this subsection and § 230-7, a rooming house or boardinghouse shall mean a dwelling not occupied by a family, as that term is defined in this chapter, but rather used for the purpose of furnishing lodging or sleeping accommodations, with or without meals, for compensation, to any number of persons.
[Added 11-17-1986 by L.L. No. 11-1986]
C.
Height. No building shall be raised, altered or erected
to exceed 2 1/2 stories or 35 feet in height, except a church, school
or library.
D.
Side yards. A side yard is required along each side
of the building, which side yard must be at least six feet in width
on each side.
E.
Rear yards. A rear yard is required on every lot.
The depth of a rear yard shall be at least 20 feet.
F.
Front yards. No building or part thereof shall be
erected or altered to be nearer the street line upon which it fronts
than the average setback of the buildings on the same side of the
street within the same block. When all the lots within the block are
vacant, no street wall of a building shall be set nearer than 25 feet
to the street line. On corner lots the setback distance from the street
line, other than that of the street upon which the building fronts,
shall not be less than the average setback of the buildings on the
same side of the street within the same block.
G.
Size of lot.
[Amended 4-4-1988 by L.L. No. 3-1988]
(1)
No dwelling shall occupy a lot unless it contains
an area of not less than 7,500 square feet and has a minimum frontage
of 75 feet.
[Amended 1-22-1991 by L.L. No. 1-1991]
(2)
The lot area and frontage requirements set forth herein
shall not apply to any lot having an area and/or frontage of less
than that prescribed herein, provided that such lot has an area of
at least 5,000 square feet and was under different ownership from
that of any adjoining land on March 31, 1988, and provided further
that such lot and any adjoining land did not come under common ownership
since that date.
(3)
If any lot on which a building has been erected shall be subdivided into two or more lots in such manner that the resulting lot on which such building remains shall not comply with Subsection G(1) hereof, the right of the owner thereof to maintain such building on such lot shall immediately cease, and the owner shall remove the same on the order of the Village Building Inspector.
H.
Building area. The building area shall not exceed
28% of the total area of the lot, provided that in no event shall
the area of the principal building alone exceed 20% of the entire
area of the lot.
[Added 1-22-1991 by L.L. No. 1-1991]
A.
Permitted uses. In the Residence B District, no building
or premises shall be used and no building shall be erected or altered
for other than one or more of the following uses: any use permitted
in the Residence A District.
C.
Height. No building shall be raised, altered or erected
to exceed 2 1/2 stories or 35 feet in height, except a church, school
or library.
D.
Side yards. A side yard is required along each side
of a building, which side yard must be at least five feet in width
on each side.
[Amended 11-15-1993 by L.L. No. 2-1993]
E.
Rear yards. A rear yard is required on every lot.
The depth of a rear yard shall be at least 20 feet.
F.
Front yards. No building or part thereof shall be
erected or altered to be nearer the street line upon which it fronts
than the average setback of the buildings on the same side of the
street within the same block. When all lots within the block are vacant,
no street wall of the building shall be set back nearer than 15 feet
to the street line. On corner lots, the setback distance from the
street, other than the street upon which the building fronts, shall
not be less than the average setback of the buildings on the same
side of the street within the same block.
[Amended 5-15-2000 by L.L. No. 1-2000]
G.
Size of lot.
[Amended 4-4-1988 by L.L. No. 3-1988]
(1)
No dwelling shall occupy a lot unless it contains
an area of not less than 5,000 square feet and has a minimum frontage
of 50 feet.
[Amended 1-22-1991 by L.L. No. 1-1991]
(2)
The lot area and frontage requirements set forth herein
shall not apply to any lot having an area and/or frontage of less
than that prescribed herein, provided that such lot has an area of
at least 4,000 square feet and was under different ownership from
that of any adjoining land on March 31, 1988, and provided further
that such lot and any adjoining land did not come under common ownership
since that date.
[Amended 7-19-1999 by L.L. No. 1-1999]
(3)
If any lot on which a building has been erected shall be subdivided into two or more lots in such manner that the resulting lot on which such building remains shall not comply with Subsection G(1) hereof, the right of the owner thereof to maintain such building on such lot shall immediately cease, and the owner shall remove the same on the order of the Village Building Inspector.
H.
Building area. The building area shall not exceed
35% of the entire area of the lot, provided that in no event shall
the area of the principal building alone exceed 25% of the entire
area of the lot.
[Added 1-22-1991 by L.L. No. 1-1991]
A.
Permitted uses. Subject to the provisions of all other applicable laws and regulations, 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 and §§ 230-6 and 230-7 and for no other purpose:
(1)
An office, financial institution or theater, other
than open air drive-in or automobile theaters.
(2)
A restaurant, eating establishment or other similar
facility, subject to the following conditions, restrictions and prohibitions:
(a)
Except as provided for in Subsection A(2)(b) hereof, a restaurant, eating establishment or other similar facility shall be permitted only when authorized as a special exception by the Board of Trustees after a public hearing.
(b)
The uses referred to in Subsection A(2)(a) are intended to be limited to shops and stores for the sale at retail of consumer merchandise and service where the transaction with the consumer and the operation of the business are conducted entirely within a building. The following types of uses are therefore prohibited:
(c)
It shall be necessary to apply annually to the Village for outdoor
seating. Such application shall cost applicant $100 annually. Application
must be made directly to the Village's Superintendent of Buildings,
except those applications involving an outdoor tent and/or the use
of a parking lot; such applications must be submitted by letter to
the Board of Trustees for its review and determination. All applications
must also comply with applicable state and county laws.
[Added 3-20-2023 by L.L. No. 4-2023]
(3)
A retail and wholesale store for the sale of new and
unused personal property.
(4)
A retail store for the sale of used personal property
when authorized as a special exception by the Board of Trustees.
(5)
A shop for personal service.
(6)
Hand laundry and dry cleaning, custom tailoring, hand
dressmaking, millinery, shoemaking and repairing.
[Amended 11-17-1986 by L.L. No. 14-1986]
(7)
A funeral home, funeral directing and embalming.
(8)
A greenhouse or flower shop.
(9)
A shop for carpenters, hand cabinetmaking, furniture
repair or upholstery, electrical work, tinsmith, new plumbing, gas,
steam or hot water fittings, bicycle repair, jewelry, watches, clocks,
electrical equipment and appliances and optical goods.
(10)
A multiple dwelling as hereinafter provided.
(11)
A combined commercial and residence building,
subject to special exception by the Board of Trustees after a public
hearing.
(12)
A regularly organized institution of learning
approved by the State Board of Regents.
(13)
A public library, public art gallery, public
museum, volunteer firehouse, municipal park for recreational use,
railway passenger station or taxi station.
(14)
A church, parish house or other building used
for religious purposes.
(15)
A hospital, medical laboratory or sanatorium,
except any institution required to be licensed under the Mental Hygiene
Law of the State of New York.
(16)
A nursing home licensed by the Nassau County
Department of Health.
(17)
A clubhouse, fraternity house, lodge, golf course
or other recreational area or building, subject to special exception
by the Board of Trustees after public hearing.
(18)
A telephone exchange.
(19)
A government or municipal building erected for
the purpose of discharging governmental functions.
(20)
An accessory use on the same lot with and customarily
incidental to any of the above permitted uses, subject to special
exception by the Board of Trustees after public hearing.
(21)
A building used for the storage of materials
which are of the same general character as those permitted to be sold
at retail in this section.
(22)
A pet shop or animal hospital when authorized
as a special exception by the Board of Trustees after public hearing.
(23)
Parking space for the parking, storage and sale
of automobiles when authorized as a special exception by the Board
of Trustees after public hearing.
(24)
Automobile body and fender repair and painting
in connection with the sale of new or used cars when authorized as
a special exception by the Board of Trustees after public hearing.
(25)
Newspaper or job printing or bookbinding when
authorized as a special exception by the Board of Trustees after public
hearing.
(26)
A place of amusement when authorized as a special
exception by the Board of Trustees after public hearing.
(27)
Accessory parking in a greater restricted district
in accordance with the following and subject to such other conditions
and safeguards as the Board of Trustees may impose. Where a plot in
a business district in single ownership extends in depth beyond said
district into a greater restricted district, the rear portion of said
lot extending into the greater restricted district may be used for
accessory parking for the building erected and the use maintained
on the front portion of said plot. Such accessory use, however, shall
not extend to a depth greater than 200 feet when measured from the
front property line of said plot, nor shall it extend to a point where
the rear boundary line will be less than 100 feet from the front property
line of an adjoining plot fronting on a residential street and situated
in a residence district. In no event shall any part of such area permitted
to be used for accessory parking be used for the storage or abandonment
of any vehicle.
(28)
An accessory building on the same lot with and
customarily incidental to any of the above permitted uses in accordance
with a plot plan approved by the Board of Trustees.
(29)
A laundromat, when authorized as a special exception
by the Board of Trustees after public hearing.
[Added 11-17-1986 by L.L. No. 14-1986]
(30)
A
tattoo studio, when authorized as a special exception by the Board
of Trustees after a public hearing subject to the following conditions:
[Added 10-19-2009 by L.L. No. 4-2009]
(a)
No tattoo studio shall be located within 1,000 feet of any school
park or house of worship;
(b)
No tattoo parlor shall be located within 1,000 feet of any other
tattoo studio, body piercing studio or massage establishment;
(c)
The window of the tattoo studio shall have no visual or graphic displays or graphic advertising of services performed, except that a business name sign is permitted, in accordance with Chapter 182 of this Code.
(d)
The Village of Williston Park hereby adopts and incorporates
the licensing requirements as set forth by Articles 4-A and 4-B of
New York State Public Health Law. A proposed tattoo studio must adhere
to applicable state and county regulations.
(e)
All tattooing shall be performed outside the public view. Each
person and establishment regulated hereunder shall perform all tattooing
in a designated enclosed area within the confines of the establishment
licensed hereunder and out of public view.
(f)
No person or establishment licensed by the State of New York
shall tattoo any person under the age of 18 years; all tattoo studios
shall conspicuously place in their window that the tattooing of a
person under the age of 18 is prohibited by New York State Penal Law.
(31)
A
body piercing studio, when authorized as a special exception by the
Board of Trustees after a public hearing.
[Added 10-19-2009 by L.L. No. 4-2009]
(a)
No body piercing studio shall be located within 1,000 feet of
any school park or house of worship;
(b)
No body piercing studio shall be located within 1,000 feet of
any other tattoo studio, body piercing studio or massage establishment;
(c)
The window of the body piercing studio shall have no visual or graphic displays or graphic advertising of services performed, except that a business name sign is permitted, in accordance with Chapter 182 of this Code.
(d)
All body piercing shall be performed outside the public view.
Each person and establishment regulated hereunder shall perform all
body piercing in a designated enclosed area within the confines of
the establishment licensed hereunder and out of public view.
(32)
A
massage establishment, as a special exception by the Board of Trustees
after a public hearing.
[Added 10-19-2009 by L.L. No. 4-2009]
(33)
A
drive-in establishment of any type is prohibited.
[Added 10-18-2010 by L.L. No. 3-2010]
(34)
On-site
smoking businesses are prohibited within the Village.
[Added 5-16-2016 by L.L.
No. 3-2016]
(35)
A
smoke shop (defined below), as a special exception by the Board of
Trustees after a public hearing. For purposes hereof, "smoke shop"
shall mean any store, shop or other establishment selling tobacco
products, liquid nicotine, electronic cigarettes and smoking equipment
and related paraphernalia. Any special exception permit issued hereunder
shall be subject to such conditions as are imposed by the Board of
Trustees, in addition to the following conditions:
[Added 6-13-2022 by L.L. No. 2-2022]
(a)
No smoke shop shall be located within 1,000 feet of any school, park
or house of worship;
(b)
No smoke shop shall be located within 1,000 feet of any smoke shop;
and
(c)
The front window or customer entry door of any smoke shop shall conspicuously
display signage setting forth all applicable age restrictions on the
sale of products offered for sale in such smoke shop.
B.
Additional conditions for permitted uses.
(1)
If volatile or other highly inflammable materials
are to be stored or used with any of the foregoing uses under this
section, a combustibles permit must be obtained from the Board of
Trustees. The permit shall be valid for 12 months from the date of
issuance. No permit for construction of such buildings or alterations
thereof will be issued until the applicant has secured the necessary
permit for storage or use of inflammable materials.
(2)
If any of the foregoing permitted uses will consume
in excess of 600,000 gallons of water per year, then notwithstanding
anything herein to the contrary such use shall be subject to special
exception by the Board of Trustees after public hearing.
[Added 11-17-1986 by L.L. No. 14-1986]
(3)
With respect to any of the foregoing permitted uses,
such uses shall not include the operation of a twenty-four-hour-type
business if any part of the land on which such business is conducted
is located closer than 100 feet to the property line of any land in
a residence district. For the purposes of this subsection, a "twenty-four-hour-type
business" shall mean a commercial establishment that is open to the
public for business in excess of 18 consecutive hours in a day. Nothing
herein contained shall prohibit the continuation of twenty-four-hour
businesses that exist at the time of the adoption of this subsection.
[Added 10-18-1993 by L.L. No. 1-1993]
C.
Incidental uses. In connection with any of the aforesaid
permitted uses, incidental uses as set forth in this subsection are
hereby permitted: manufacture or treatment of products clearly incidental
to the operation of a retail business conducted on the premises or
the performing of a service primarily for residents of the neighborhood,
on a scale requiring not more than three-and-one-half-horsepower motors
and not more than five operators engaged on such work and to an extent
involving for such work not more than the rear 3/4 of the entire first
floor space of the building.
D.
Height. No building shall be erected and no existing
building shall be raised or altered to be higher above the curb level
of the street than 32 feet. The height of a building shall be measured
by the vertical distance of a building from the curbline to the highest
point of the roof beams, except that in the case of pitched roofs
it is the vertical distance from the curb level to the mean height
level of the roof above the vertical street wall. Curb level shall
be the mean level of the curb at the street frontage of the building
where the mean curb level is highest.
E.
Building area.
(1)
In the case of any building erected, altered or used
for attached, semidetached or detached dwellings or in part for residence
purposes and in part for commercial purposes, the total coverage for
buildings and structures shall not exceed 50% of the lot area.
F.
Side yards.
(1)
Other than required accessory driveways, no side yard
shall be required for buildings used for commercial purposes or partly
for commercial and partly for residential, except where the side line
boundaries of the plot adjoin a residence district, in which event
minimum side yard setbacks of 20 feet shall be maintained on each
side adjoining the residence district.
(2)
On an interior lot, a multiple dwelling shall have
two side yards, one on each side of the main building, each of which
shall not be less than 20 feet in width.
(3)
Where multiple dwellings are grouped on the same lot
or plot, the unobstructed open spaces between the exterior walls of
such buildings shall not be less than 30 feet.
G.
Rear yards. A rear yard is required on every lot.
Such rear yard shall not be less than 20 feet in depth.
H.
Front line. No setback shall be required except in
the following cases:
(1)
No building shall be erected nearer the street line
than the front line established by the buildings already erected,
provided that they cover more than 1/2 of the frontage on the same
side of the street between two intersecting streets, and in no event
more than 10 feet from the street line.
(2)
Each new building erected on the west side or east
side of Willis Avenue between its intersection with Hillside Avenue
on the north and the southerly boundary of the Village on the south
shall be set back not less than 10 feet from the street line.
I.
Off-street parking, loading and unloading.
[Amended 10-15-1984 by L.L. No. 7-1984]
(1)
COUNTER SERVICE RESTAURANT
OTHER SCHOOL
PARKING SPACE (COMMERCIAL AREA AND APARTMENT DWELLING)
SCHOOL
SHOPPING CENTER
WAREHOUSE
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
An establishment where food is served primarily over a counter
and having in excess of eight seats.
All trade schools other than traditional primary and secondary
learning institutions which conduct classes for the primary purpose
of instructing persons in a particular trade or profession.
A specific area designated for the parking of a motor vehicle.
This area shall be clearly defined and readily accessible from a clear
travel path. In no case shall a parking space be less than nine feet
by 18 feet.
Parochial, primary and secondary learning institutions devoted
to academic instruction of any grade level through and including the
elementary and high school level and shall include private nursery
schools, private kindergarten schools and private academies.
A parcel of property containing two or more retail establishments.
The use of a building in which the principal activity is
the storage of commodities.
(2)
The following shall be the minimum requirements for
off-street parking within the Village of Williston Park:
|
Use
|
Required Number of Spaces
|
|---|---|
|
Residential
| |
|
One-family and two-family dwelling units
|
2 per dwelling unit
|
|
Apartment dwelling units (3 or more dwelling
units)
|
2 per dwelling unit
|
|
Commercial
Animal hospital, animal boarding or veterinarian
|
4 per doctor plus 1 per employee
|
|
Auditorium, church convention hall, stadium,
studio or other place of public assembly not otherwise classified
|
1 per 4 permanent seats or the floor area equivalent
|
|
Bowling alley
|
4 per alley
|
|
Counter service restaurant
|
1 per 100 square feet of gross floor area
|
|
Gas service station, parking garage or repair
garage
|
Sufficient parking spaces for all vehicles stored
or being serviced at any one period of time plus an additional 5 spaces;
in no event shall more than 6 cars be stored on the property overnight
during nonoperating hours
|
|
Funeral home
|
1 per 100 square feet of gross floor area
|
|
Home occupation or home professional office
|
1 per 200 square feet of area given over to
this component of land use, but in no case fewer than 2 spaces
|
|
Hospital
|
1 per bed, plus 1 per 2 employees on the premises
|
|
Hotel or motel
|
1 per guest bedroom plus 1 per 2 employees on
the premises at any one time
|
|
Indoor tennis, basketball, handball, etc., and
similar uses not otherwise classified
|
Parking area reservation equivalent to the total
ground coverage of the use, with a minimum of 1 space per 500 square
feet of gross floor area
|
|
Office, office building, bank, etc.
|
1 per 200 square feet of gross floor area
|
|
Public art gallery, library or museum
|
1 per 200 square feet of gross floor area
|
|
Restaurant
|
1 per 4 seats plus 1 per employee on the premises
at any one time; for purposes of this requirement, restaurants are
assumed to have 1 employee per 10 seats
|
|
Retail store or personal service store
|
1 per 200 square feet of gross floor area
|
|
School, primary or secondary education
|
1 per employee plus 1 per 12 students in the
12th grade or above or the requirement for the auditorium or gymnasium
component of use, whichever is greater
|
|
School, other (computer, secretarial, etc.)
|
1 per employee plus 1 per 4 students
|
|
Shop for custom work
|
1 per 200 square feet of gross floor area
|
|
Shopping center
|
1 per 200 square feet of gross floor area
|
|
Skating rink
|
1 per 100 square feet of gross floor area
|
|
Tavern, bar or inn
|
1 per 100 square feet of gross building
|
|
Theater
|
1 per 3 seats
|
|
Trucking station
|
Sufficient parking for all trucks being stored
or serviced at one time plus 2 per 3 employees
|
|
Wholesale establishment warehouse
|
1 per 500 square feet of building area not including
office space
|
J.
Parking lot specifications.
(1)
All parking areas and access driveways shall be surfaced
with four inches broken stone or limestone screening after compaction
and 1 1/2 inches premixed bituminous material after compaction. Adequate
draining facilities shall be provided.
(2)
All off-street parking areas appurtenant to a commercial
building when abutting a residential district shall be set back from
such district a distance of at least three feet from the property
line and shall be screened from said residential district by a six-foot
stockade-type fence along the property lines. In addition, the setback
area shall contain suitable natural plantings of a minimum height
of four feet. It shall be the responsibility of the owner of the parking
area to install and maintain such fence and plantings.
[Amended 9-16-1996 by L.L. No. 2-1996]
(3)
Parking areas shall be illuminated at night during
the business hours of the stores or buildings they serve. Lighting
shall be erected and maintained so that such illumination shall not
interfere with or create a nuisance to abutting or adjoining residential
districts.
(4)
All parking spaces provided pursuant to this section
shall be on the same lot with the building, except that the Board
of Trustees may permit the parking spaces to be on any lot within
500 feet of the building if the Board determines that it is impractical
to provide parking on the same lot with the building.
[Added 9-16-1996 by L.L. No. 2-1996]
K.
Incineration and refuse disposal.
(1)
All multiple dwellings consisting of more than five
units shall be equipped with fuel burning incinerators and refuse
and garbage disposal equipment.
(2)
All incinerators and refuse and garbage disposal equipment
shall be designed, installed and located so that under normal conditions
of use such equipment and systems will not be a potential danger to
the health or welfare and will not become a fire hazard, create excessive
noise or otherwise become a nuisance.
(3)
Parking areas and access driveways shall be illuminated
between dusk and dawn. Lighting shall be erected and maintained so
that such illumination shall not interfere with or create a nuisance
to abutting or adjoining residential districts.
[Amended 1-22-2008 by L.L. No. 1-2008]
(4)
Hours of burning material in incinerators are limited
to those between 7:00 a.m. and 5:00 p.m. on the same day. On or before
5:00 p.m. of each day the fire in the incinerator shall be completely
extinguished, and immediately thereafter the materials in the fire
box of the incinerator shall be removed therefrom.
L.
Plot area or density of population.
(1)
No two-family semidetached residence building shall
contain more than four residence units.
(2)
The minimum lot area per family for a two-family attached
residence building shall be 1,500 square feet per family.
(3)
No multiple dwelling shall contain more than 48 apartments
to house 48 families.
(4)
Where a multiple dwelling is erected on a lot abutting
a residence district a minimum side and/or rear yard of 20 feet abutting
said residential district will be required.
(5)
No combined commercial and residence building shall
provide apartments for more than four families.
(6)
No multiple dwelling shall be erected on a plot of
less than 8,500 square feet.
(7)
No multiple dwelling shall be erected which has a
density exceeding 25 dwelling units per acre.
[Added 10-14-1987 by L.L. No. 4-1987]
N.
Accessory structures and buildings.
(1)
Fences. Unless otherwise provided in this section,
fences shall not exceed four feet in height.
(2)
Accessory buildings and/or structures, except as otherwise
provided in this section, shall not be over 15 feet in height at their
highest point and shall not occupy more than 40% of the area of the
rear yard. The yard area occupied by an accessory building or structure
shall be included in computing the maximum percentages of the lot
area which may be utilized for building.
(3)
Accessory structures and buildings shall comply with the provisions of Subsections F and G of this section, with the exception that accessory buildings or structures used exclusively for the storage of motor vehicles may be located in the rear yard and shall not be less than three feet distant from the rear and side lines.
A.
Permitted uses. The following uses shall be permitted
in the Light Industry District:
(1)
Any use permitted in a business district as provided in § 230-8 of this chapter, with the exception of single-family, two-family or multiple-family dwellings of any type whatsoever.
(2)
Small manufacturing and processing industries employing
not more than 10 employees for such manufacturing or processing operations
and wherein the power for such operations shall be supplied by electrical
motors having a horsepower not greater than 1/2 horsepower per motor
and wherein the total number of motors shall not exceed five. No such
manufacturing or processing operation or the machinery used in connection
therewith shall be audible outside of such building or structure when
the windows and doors are open, nor shall any fumes or other odors
whatsoever emanate from the doors, windows or any other flues, vents,
stack pipes or other openings other than those incident to the heating
of such building or structure by the use of fuel oil or coal.
(3)
A carpet cleaning plant.
(4)
A cold storage plant.
(5)
A greenhouse.
(6)
A yard for the assembling and sale of trim, cabinets,
window frames, doors and windows, but nothing herein contained shall
permit a yard for the storage and sale of rough lumber or planed lumber
when not assembled into or processed so that it shall be made a part
of such trim, window frames, door frames and assembled windows, doors
and cabinets.
(7)
A motor vehicle repair shop.
B.
Addition regulations.
(1)
If any of the foregoing permitted uses will consume
in excess of 600,000 gallons of water per year, then notwithstanding
anything herein to the contrary such use shall be subject to special
exception by the Board of Trustees after public hearing.
[Added 11-17-1986 by L.L. No. 14-1986]
(2)
The side yards, rear yards, setbacks from the front line and amount of area covered by any structure or any lot shall be the same as provided for a business district in § 230-8 hereof, except a rear yard is required of 25% of the depth of the lot or parcel, which rear yard shall be used for parking purposes only.
[Added 6-20-1988 by L.L. No. 6-1988]
A.
Permitted uses. In the Edu-Cultural District, a building
may be erected, altered or used and a lot or premises may be used
for any of the following purposes and for no other:
(1)
A college or university.
(2)
A public school, parochial school or private school
chartered by the New York State Board of Regents.
(3)
A public park, playground or other public recreational
use.
(4)
A library, museum, art or historical building, health
center, concert hall, auditorium, firehouse, police station or government
building.
(5)
A place of worship.
B.
Accessory uses. Accessory uses to any of the above-permitted
uses are permitted, provided that such accessory use is customarily
associated with, necessary, incidental and subordinate to the principal
use of a lot or building and located on the same lot therewith.
C.
Height. No building shall be erected and no existing
building shall be raised or altered to be higher above the curb level
of the street than 35 feet. The height of a building shall be measured
by the vertical distance of a building from the curbline to the highest
point of the roof beams, except that in the case of pitched roofs
it is the vertical distance from the curb level to the mean height
level of the roof above the vertical street wall. Curb level shall
mean the level of the curb at the street frontage of the building
where the mean curb level is highest.
D.
Building area. The building area shall not exceed
25% percent of the lot area.
E.
Lot area and width. No building shall be erected on
a lot having less than 1/2 acre in area and less than 100 feet along
the street line.
F.
Front yard. There shall be a front yard, the depth
of which shall not be less than 25 feet. In case of a corner lot,
a front yard shall be required on each street.
G.
Side yard. There shall be two side yards, the depth
of each to be not less than 10 feet. In case of a corner lot, there
shall be one side yard, the depth of which shall be 15 feet.
H.
Rear yard. There shall be a rear yard, the depth of
which shall be not less than 20 feet.
I.
Off-street parking. The regulations set forth in § 230-8 shall be deemed the minimum requirements and shall apply to any building erected, converted, reconstructed, enlarged, altered or moved after the effective date of this section.
J.
Site plan. For the purposes of furthering desirable
planning and development, stimulating coordinative site layout and
building design and encouraging amenities harmonious with the intent
and nature of the Edu-Cultural District, the following provisions
shall apply to any lot:
(1)
No permit shall be issued for the alteration, erection
or use of any building or structure or the use of any lot or premises
in the Edu-Cultural District unless and until a site plan of the premises
has been approved by the Village Board of Trustees.
(2)
Any applicant for such permit shall submit a site
plan to the Village Board for approval, such site plan to be drawn
to scale and include, as a minimum, property dimensions, proposed
layout, use and location of buildings and structures, uses of land,
improvements, streets, parking, fences and planting strips, landscaping
and other physical features of the site and relation of such plan
to the surrounding properties and the neighborhood.
(3)
An applicant shall be deemed to be the owner of the
property involved or an authorized agent of the owner or a person,
firm or corporation under bona fide contract to purchase the property.
(4)
In its decision on the site plan, the Village Board
shall be guided by the following:
(a)
The plan is in harmony with and appropriate
to the surrounding properties, the neighborhood and the Village.
(b)
The plan contributes to the proper growth and
development of the Village and to the general welfare.
(c)
The plan is not hazardous, conflicting or incongruous
with the surroundings, neighborhood or Village by reason of excessive
traffic or undue assembly of persons or vehicles.
(d)
The plan will not hinder or discourage the appropriate
use and development of nearby lands or impair the values thereof.
(e)
The plan will not be objectionable to or conflict
with the residential character of adjoining residential areas by reason
of location and size of proposed uses, the nature and intensity of
the uses involved or by reason of street layout, noise, lights, traffic
or other factors of impact.
(f)
The purposes of zoning set forth in the Village
Law of the State of New York are observed.
K.
Restrictions where contiguous to residence district.
Where any lot in the Edu-Cultural District is contiguous to any residence
district, no building shall be erected, enlarged, moved, expanded
or reconstructed and no land or building or part thereof shall be
used unless in conformity with the following additional provisions:
(1)
There shall be provided and properly maintained along
such contiguous lot lines such planting strip as may be required by
the Village Board as a condition of its approval of the site plan.
(2)
Notwithstanding any provisions in this section to
the contrary, no building or structure shall be located at any point
less than 25 feet from any such contiguous residence district line.
[Added 2-25-2019 by L.L.
No. 3-2019]
A.
No building, structure, or premises approved or used as a medical
marijuana dispensary pursuant to Article 33 of the New York Public
Health Law may be used as a marijuana retail store.
B.
No building, structure or premises within any use district in the
Village of Williston Park may be used for the sale, distribution,
or offer for consumption of marijuana or marijuana products in a retail
setting or environment for nonmedical use. The sale, distribution
or offer for consumption of marijuana and/or marijuana products as
prohibited in this section shall be prohibited regardless of whether
products in addition to marijuana products are offered for sale, distribution
or consumption at the building, structure, or premises and regardless
of the amount of marijuana or marijuana products available for sale,
distribution or offer for consumption at the building, structure or
premises in comparison to other products offered for sale, use or
consumption at the building, structure or premises.
