Pursuant to the authority conferred by § 7-700 of
the Village Law of the State of New York, the Board of Trustees of
the Village of Green Island hereby adopts and enacts as follows.
This chapter shall be known as "Local Law No. 3-1978 of the
Village of Green Island," as amended. The short title shall be the
"Green Island Local Zoning Law."
A.Â
The purposes of this chapter and the regulations and zoning districts,
as outlined on the Zoning Map, are to provide for orderly growth,
to lessen congestion in streets, to secure safety from fire, flood
and other dangers, to provide adequate light and air, to prevent overcrowding
of land, to avoid undue concentration of population, to facilitate
the adequate provision of transportation, water, sewerage, schools,
parks and other public requirements and to promote the health, safety
and general welfare of the public.
B.Â
This chapter has been made 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.
A.Â
Except as hereinafter provided, no building or structure shall be
erected, moved, altered or extended and no land, building or structure
or part thereof shall be occupied or used unless in conformity with
the regulations specified for the district in which it is located.
C.Â
Nothing herein contained shall require any change in plans or construction
of a building for which a building permit has been issued.
A.Â
Except where specifically defined herein, all words used in this
chapter shall carry their customary meanings. Words used in the present
tense shall include the future. Words used in the singular number
include the plural, and words used in the plural number include the
singular unless the context indicates the contrary. The word "shall"
is always mandatory. The word "may" is permissive. "Building" or "structure"
includes any part thereof. The word "lot" includes the word "plot"
or "parcel." The word "person" includes an individual person, a firm,
a corporation, a copartnership or any other agency of voluntary action.
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for" and "occupied for." The word "his" shall include
"hers," and "he" shall include "she."
B.Â
ACCESSORY USE OR BUILDING
ADULT ENTERTAINMENT ACTIVITY
AGRICULTURAL USE
ALTERATION
BASEMENT
BOARDINGHOUSE
BUILDING
BUILDING AREA
BUILDING HEIGHT
BUILDING LINE
BUILDING LINE WIDTH, MINIMUM
CAMP
CLUB
COMMUNITY CENTER
COVERAGE
DRIVE-IN SERVICE
DUMP
DWELLING, MULTIPLE-FAMILY
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
FAMILY
FLOOR AREA
FLOOR AREA OR ROOM, HABITABLE
GASOLINE STATION
HOME OCCUPATION
(1)Â
(2)Â
HOSPITAL
HOTEL or MOTEL
JUNKYARD
KENNEL
LOADING SPACE
LOT
LOT AREA
LOT DEPTH
LOT FRONTAGE
MOBILE HOME
NEIGHBORHOOD COMMERCIAL
NONCONFORMING USE
OWNER
PARKING SPACE
PROFESSIONAL RESIDENCE-OFFICE
RECREATION, INDOOR
RECREATION, OUTDOOR
RELIGIOUS INSTITUTION
RESIDENTIAL USE
RETAIL STORE
SCHOOL
SIGN
SIGN, ADVERTISING OR BILLBOARD
SIGN, BUSINESS
SPECIAL USE
STABLE
STREET
STREET LINE
TOURIST HOME
TRAILER
USE, PERMITTED
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
As used in this chapter, the following terms shall have the meanings
indicated:
A use or building customarily incidental and subordinate
to the principal use or building and located on the same lot.
Any commercial activity, whether conducted intermittently
or full-time, which primarily involves the sale, display, exhibition
or viewing of books, magazines, films, photographs or other materials
distinguished or characterized by an emphasis on matter depicting,
describing or relating to human sex acts or by emphasis on male and
female genitals or buttocks or female breasts.
A use of land containing at least two acres for the production
of horticultural or agricultural foodstuffs, excluding livestock.
For the purposes of this chapter, agricultural uses shall not include
stabling, kenneling, dairying, slaughtering or riding stables. The
sale of agricultural produce raised on the property shall be considered
as an accessory use.
A structural change, rearrangement, change of location or
addition to a building other than repairs and modification in building
equipment.
A story partly underground. A basement shall be counted as
a story if the vertical distance between the basement ceiling and
the average grade level of the adjoining ground is six feet or more.
Any dwelling in which the owner, either individually or with
family, maintains a dwelling unit and in which dwelling additionally
three or more persons, whether individually or in families, are domiciled
for compensation with or without meals. The term "boardinghouse" shall
include "rooming house" or "furnished room house."
A structure having a roof supported by columns or walls and
intended for shelter or enclosure of persons, animals or chattels.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
inclusive of covered porches, terraces and steps. All dimensions shall
be measured between exterior wall faces.
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of the roof for flat and mansard roofs and to the average height
between the eaves and ridge for other roofs.
A line parallel to the front lot line coinciding with the
building face which is closest to the front lot line. This face includes
porches and steps.
The distance measured across the width of the lot at the
required building line.
Land on which is located one or more cabins, trailers, shelters,
houseboats or other accommodation for seasonal or temporary living
purposes, excluding mobile homes.
A building or use catering exclusively to club members and
their guests and not operated primarily for profit, including YMCA,
YWCA, YMHA, fraternity, sorority, lodge, religious and similar clubs.
A meeting hall, place of assembly, museum, art gallery or
library not operated primarily for profit.
That percentage of lot area covered by building area.
Includes drive-in outdoor theaters, refreshment stands, fast-food
restaurants, banks and the like, where patrons enter the premises
and are served or entertained in automobiles.
Land used for disposal, by abandonment, dumping, burial,
burning or other means, of garbage, sewage, trash, refuse, junk, machinery,
vehicles or parts thereof or waste material of any kind.
A building used as living quarters by three or more families
living independently of each other.
A building used as living quarters by one family.
A building used as living quarters by two families living
independently of each other.
A building or part thereof used as living quarters by one
family. The terms "dwelling," "one-family dwelling," "two-family dwelling"
or "multiple-family dwelling" shall not include a motel, hotel, boardinghouse,
tourist home, camp, hospital, club or similar structure.
One or more persons living, sleeping, cooking and eating
on the same premises as a single housekeeping unit.
The sum of the gross horizontal area of the floors of a building,
excluding basement floor areas. All dimensions shall be measured between
interior faces of walls.
The floor area of rooms in a dwelling unit used for bedrooms,
living room, dining room and kitchen.
An area of land, including structures thereon or any building
or part thereof, used primarily for the sale and direct delivery to
the motor vehicle of gasoline or any other motor vehicle fuel or oil
and other lubricating substances and may also include the sale of
motor vehicle accessories and/or facilities for lubricating, washing
(without mechanical equipment) or otherwise servicing motor vehicles,
but not including auto body work, welding or painting. Gasoline stations
shall include filling stations and service stations.
The accessory use of a service character conducted within
a dwelling by residents thereof which is clearly secondary to dwelling
use for living purposes and does not change the character or have
any exterior evidence of such use and which conforms to the following
conditions:
Home occupations shall be carried on wholly within the principal
building. Not more than one person outside the family shall be employed.
There shall be no exterior storage of materials used in the occupation.
Home occupation includes but is not limited to an artist, babysitter,
barber, beautician, cook, draftsman, dressmaker, launderer, musician
and photographer. (See definition of "professional residence-office.")
Includes a sanatorium, clinic, rest home, nursing home, convalescent
home, home for the aged and any place for diagnosis and/or treatment
of human ailments.
A building, group of buildings or part thereof containing
five or more individual units intended as living and sleeping accommodations
for transient occupancy for compensation. (See also "tourist home.")
Any land or building used for collecting, storage or sale
of wastepaper, rags, scrap metal or discarded material or for the
collecting, wrecking, dismantling, storage, salvaging or sale of machinery
parts of vehicles not in running condition. Two or more vehicles not
in running condition shall constitute a junkyard.
A building or land used for harboring four or more dogs or
cats over six months old.
An off-street space at least 12 feet wide by 40 feet long
used for the temporary location of one licensed motor vehicle. Such
space shall have access to a street or alley.
Land occupied or which may be occupied by a building and
its accessory uses, together with required open spaces, having not
less than the minimum area, width and depth required for a lot in
the district in which the land is situated as defined in the chapter
and having frontage on a street as identified on the Official Map
of the Village of Green Island or other means of access as may be
determined by the Planning Board to be adequate as a condition for
issuance of a building permit.
The total area within property lines, excluding any part
thereof lying within the boundaries of a street or proposed street.
The mean horizontal distance from the street line of the
lot to its opposite rear line measured at right angles to the building
line.
The distance measured across the width of the lot at the
street right-of-way line.
A detached residential dwelling unit designed for transportation
after fabrication on streets and highways on its own wheels or on
a flatbed or other trailer and arriving at the site where it is to
be occupied as a dwelling complete and ready for occupancy except
for minor and incidental unpacking and assembly operations, located
on jacks or other temporary or permanent foundations and connected
to utilities and the like. A travel trailer is not to be considered
as a mobile home.
Any commercial use such as a grocery store, newspaper stand
or drugstore which is clearly intended to serve the residents of the
immediate surrounding area or neighborhood.
The use of land or structure which does not comply with all
regulations for the district in which it is located, where such use
conformed to all applicable laws, ordinances and regulations prior
to enactment or amendment of this chapter.
The person or persons holding title to the property.
A space at least 9Â 1/2 feet wide by 20 feet long used
for the temporary location of one licensed motor vehicle. Such space
shall have access to a street or alley.
A dwelling in which the occupant has a professional office
which is clearly secondary to the dwelling use for living purposes,
does not change the residential character and where not more than
one person outside the family is employed. (See definition of "home
occupation.")
Includes bowling alleys, theaters, table tennis and pool
halls, skating rinks, gymnasiums, swimming pools, hobby workshops
and similar places of indoor recreation.
Includes golf courses, golf driving ranges, archery ranges,
swimming pools, skating rinks, tennis courts, recreation stadiums,
skiing facilities and similar places of outdoor recreation.
Includes churches, temples, parish houses, convents, seminaries
and retreat houses.
Includes one-family dwellings, two-family dwellings, multiple-family
dwellings, professional residence-offices and mobile homes.
An enclosed store for the sale of retail goods, personal
service shop, department store and restaurant and shall exclude any
drive-up service, pushcart or peddler cart, gasoline service and motor
vehicle repair service, new and used car sales and service, trailer
and mobile home sales and service.
Includes a parochial, private and public school, college,
university and accessory uses and shall exclude commercially operated
schools of beauty culture, business, dancing, driving, music and similar
establishments.
Any device, structure, building or part thereof for visual
communication used to bring the subject thereof to the public's
attention.
A sign which directs attention to a business, industry, profession,
service, commodity or entertainment conducted, sold or offered elsewhere
than upon the same lot.
A sign which directs attention to a business, industry, profession,
service, commodity or entertainment sold or offered upon the same
lot on which it is displayed, including "for sale or rent" signs.
Any use requiring a special use permit to be obtained from
the Planning Board.
[Added 12-19-1988 by L.L. No. 1-1988]
A building in which one or more horses are kept, whether
for private use or for hire. A stable shall include riding academies
and riding stables.
A public way for vehicular traffic which affords the principal
means of access to abutting properties.
The right-of-way line of a street as dedicated by a deed
of record.
A building, group of buildings or part thereof in which not
more than four individual units are provided to transient guests for
compensation.
A vehicle capable of being used as seasonal sleeping or living
quarters, not exceeding 380 square feet in floor area, whether self-propelled
or towed, or a camper body mounted on a motor vehicle. "Trailer" shall
also include any vehicle which may be towed and used for carrying
goods, equipment, machinery or recreation vehicles or as a site office.
A use specifically allowed in the district, excluding illegal
and nonconforming uses.
Space on a lot not occupied with a building. Porches shall
be considered as part of the main building and shall not project into
a required yard.
The yard between the front lot line and the front line of
a building extended to the side lot lines.
The yard between the rear lot line and the rear line of a
building extended to the side lot lines.
The yard between the side lot line and the building, extending
through from the front to the rear yard.
