This chapter has been prepared and adopted to amend the Zoning
Code as it now exists. It updates and clarifies these zoning laws
in accordance with a carefully studied plan for the Incorporated Village
of Stewart Manor for the purpose of regulating the location, construction
and utilization of buildings and the utilization of land by dividing
the land within the Village into districts and prescribing land use
regulations for each district.
This chapter shall be known as the "Comprehensive Zoning Law
of the Incorporated Village of Stewart Manor."
This chapter is adopted pursuant to the Village Law of the State
of New York for the protection and promotion of the public health,
safety, morals and general welfare of the Village in the following
respects:
A.
To protect and preserve the character and tranquility of the Village,
as found in the desirability of the living environment provided by
its residential neighborhood and the quality and economic soundness
of its Business District, and assure that any further development
in the Village will be in harmony with these characteristics.
B.
To provide a guiding pattern of land use and population density that
represents the most appropriate use of land within the Village and
is a normal and beneficial evolution of the planning that has guided
the development of the Village from its first settlement as an integrated
community.
C.
To aid in bringing about the most harmonious relation between the
use of land and buildings and the movement and circulation of traffic
within the Village, having particular regard to the avoidance of congestion
in the streets in the Village and the provision of safe and convenient
traffic access appropriate to the various uses of land and buildings
throughout the Village.
D.
To provide for adequate light, air and other amenities.
E.
To protect social and economic stability and thus encourage orderly
and beneficial development.
Certain words and phrases used in this chapter, unless otherwise
expressly stated, are defined as follows:
A.
Words used in the present tense include the future, words in the
singular include the plural, and words in the plural include the singular,
unless the obvious construction of the wording indicates otherwise.
The word "shall" is mandatory.
B.
The word "used" shall be deemed also to include "designed, intended
or arranged to be used"; the term "erected" shall be deemed also to
include "constructed," "reconstructed," "altered," "placed" or "moved."
The terms "land use" and "use of land" shall be deemed also to include
"building use" and "use of a building."
As used in this chapter, the following terms shall have the
meanings indicated:
A supplemental building, the use of which is incidental to
that of a main or principal building and located on the same lot therewith.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
As applied to a building or structure, the change or rearrangement
of the structural parts or in the exit facilities, or any enlargement,
whether by extending on any side or by increasing in height, or the
moving from one location to another. It does not include ordinary
repairs to buildings or structures.
A retractable or removal canvas cover extending over or in
front of a door or window as a shelter.
A story partly underground but having at least 1/2 of its
cubical contents above the level of the adjoining ground. A "basement"
shall be counted as a story.
A combination of materials forming a safe and stable construction,
having a roof supported by columns or walls and intended for the housing
or enclosure of persons or property.
The total number of square feet of horizontal surface covered
by a building, including covered porches and accessory buildings.
All measurements shall be made between exterior faces of walls, foundations,
piers or other means of support above or below the ground level.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
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.
Any vehicle bearing commercial plates.
Any vehicle used in the operation of a business.
Any pickup truck unless it has been altered to become a passenger
vehicle by the addition of rear seats or fittings for rear seats and
enclosing the back.
Any van unless it has rear seats or fittings for rear seats
and rear windows.
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."
A flat, roofless wood platform, the floor of which is no
higher than the floor of the first story.
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.
A path leading directly from the street to the garage or
parking area.
Any building which is wholly or partly used or arranged,
designed or intended to be occupied or used for living or sleeping
by one or more human occupants.
[Added 11-13-2012 by L.L. No. 6-2012]
A building containing not more than one dwelling unit occupied
exclusively for residential purposes.
[Amended 11-13-2012 by L.L. No. 6-2012]
A building containing two dwelling units occupied exclusively
for residential purposes by families living independently of the other.
[Added 11-13-2012 by L.L. No. 6-2012]
A living unit containing two or more habitable rooms with
provisions for living, cooking, eating, sanitary and sleeping facilities
arranged for the use of one family.
[Added 11-13-2012 by L.L. No. 6-2012]
Any porch, veranda, gallery, terrace, piazza, portico or
similar common projection from a main wall of a building, if covered
by a roof and fully enclosed with outside walls having a window sash
with permanently built-in window frames. Any other porch shall be
deemed to be an "unenclosed porch."
For the purposes of this chapter, "family" shall be defined
as follows:
[Amended 11-13-2012 by L.L. No. 6-2012]
One or more persons, whether or not related to each other by
blood, marriage or adoption, all living together as a single, stable,
permanent and bona fide housekeeping unit, so long as such persons
together occupy and/or own, lease or rent the whole of a separate
building or dwelling unit in a family-like living arrangement as the
functional and factual equivalent of a natural family and use all
rooms and housekeeping facilities in common.
Any such number of persons shall not be deemed to constitute
a family if any one of such persons may not have lawful access to
all parts of the separate building or dwelling unit; or if any one
or more of such persons lease or rent any separate portion of such
separate building or dwelling unit from any other person; or if residency
is temporary or transitional, either as part of an educational, medical,
rehabilitation or treatment process, or otherwise.
It shall be presumed that a separate building or dwelling unit
is occupied by more than one family if any two or more of the following
features may be found to exist by the Building Inspector (or other
person designated by the Mayor and Board of Trustees to enforce this
chapter): more than one mailbox, mail slot or post office address;
more than one doorbell or doorway on the same side of the separate
building or dwelling unit; more than one electric meter; more than
one gas meter; more than one connecting line for cable television;
separate entrances for segregated portions of the separate building
or dwelling unit; partitions or locked doors barring access between
segregated portions of the separate building or dwelling unit including
bedrooms; separate written or oral leases or rental agreements or
the payment of rent for portions of the separate building or dwelling
unit among its owner or residents; or two or more kitchens, each of
which contain a range or oven, refrigerator and sink, unless it is
otherwise proven by evidence presented to the Building Inspector (or
any other person designated by the Mayor and Board of Trustees to
enforce this chapter) by the owner or resident of the separate building
or dwelling unit that is occupied by one family (all as defined in
this section). The presumption provided for in this subsection shall
be rebuttable. Such presumption shall not preclude the Building Inspector
(or any other person designated by the Mayor and Board of Trustees
to enforce this chapter) from making a determination that the separate
building or dwelling unit is not occupied by one family, based on
other facts whether or not listed in this subsection.
The Building Inspector (or any other person designated by the
Mayor and Board of Trustees to enforce this chapter) shall make the
primary determination as to the application of this definition of
family for the purposes of compliance with any provisions of this
Zoning Law and any other applicable rule, regulation, code or law,
based upon an inspection of the premises, any information received
from the residents thereof or any other persons or documentary or
any other written evidence as to the condition of the premises or
the relationship and living arrangements of the residents, in consultation
with the Village Attorney, and the determination shall be presumed
to be correct and final, subject to review of or appeal to the Board
of Zoning Appeals and judicial review as provided by law.
Applies to any structure used or intended to be used as a
fence constructed out of customary fencing material, with the exception
of hedges, shrubs or other living plant life.
The sum of the gross horizontal areas of the several floors
of a building, 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 distance between the front line of the building and the
street line.
An accessory building or part of a primary building used
mainly for the storage of passenger vehicles for occupants of the
building as an accessory use.
The elevation of the center line of the streets as officially
established by the Village, town, county or state authorities.
The average level before excavation of that portion of a
plot enclosed or intended to be enclosed by the foundation of a building.
The office of a physician, dentist, architect, accountant,
professional engineer or lawyer, provided that:
Such use is clearly incidental to the resident's use of the
premises and is conducted entirely within a dwelling in which the
practitioner resides.
Not more than two assistants or employees are employed.
Such use does not occupy more than 25% of the habitable floor
area of the dwelling.
There is no display of goods or of advertising other than a
professional nameplate.
There is no alteration or change to the building exterior which
will change or modify the residential character or appearance thereof.
Such use does not have any feature which is annoying, offensive
or harmful to public health, safety or general welfare by reason of
noise, glare, vibration, odor, radiation, dust, fumes or undue traffic.
A space of 60 square feet or more in floor area, located
in a dwelling or other structure, and designed or intended or actually
so used for the preparation and cooking or warming of food.
[Added 11-13-2012 by L.L. No. 6-2012]
A space of less than 60 square feet in floor area, located
in a dwelling or other structure, and designed and intended or actually
so used for the preparation and cooking or warming of food.
[Added 11-13-2012 by L.L. No. 6-2012]
A parcel of land with or without buildings or structures
located thereon, as surveyed and apportioned for sale or other purpose.
A lot abutting upon two or more streets at their intersection
or upon two parts of the same street, such streets or parts of the
same street forming an interior angle of less than 135°. The point
of intersection of the street lot lines is the "corner."
Any lot other than a corner lot.
Any building or structure which does not conform to the area,
bulk, height, location or yard regulations prescribed for the district
in which such building is situated.
Any use of land or of a building or structure which use does
not conform to the use regulations prescribed for the district in
which such land, building or structure is situated.
See "terrace."
Includes an individual person, a firm, a corporation, a partnership
and any other association of persons.
A parcel of land, not necessarily coinciding with a lot or
lots shown on a map of record, which plot is occupied, or to be occupied,
by a building and its accessory buildings, if any, or by a group of
buildings having any yard in common and the buildings accessory to
such group, if any, together with the open spaces appurtenant to such
building or group, which "plot" has frontage on a public street or
on a street of record on the effective date of this chapter.
The mean horizontal distance from the front street line of
a plot to its rear line.
The mean horizontal distance between the side lines of a
plot.
The distance between the rear line of the building and the
rear line of the lot.
A dwelling unit having no common walls, floors or ceilings
with any other dwelling unit.
A dwelling unit having a common wall with one other dwelling
unit.
Refers to both Residential District 5 and Residential 15
unless either is individually named or it is expressly stated otherwise.
[Added 11-2-1993 by L.L. No. 3-1993]
Applies to any structure used or intended to be used as a
wall to hold back pressure as of water or sliding earth.
Any letter, word, model, banner, pennant, insignia, trade
flag or illuminating device used as, or which is in the nature of,
an advertisement, announcement or direction, which is designed or
intended to attract the attention of persons not on the premises.
The 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, the underside of the ceiling or roof surface
directly above it. A basement shall be counted as a "story" if 1/2
of its cubical contents are above the level of the adjoining ground.
A paved yard area, exclusive of driveways, driveway aprons
or walks.
One where the provisions relating to a two-story building
are complied with and where the main eaves are below the mid-height
of the third story.
Any building where the area of the second floor is equal
to at least 75% of the area of the first floor.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use nor negate the need for a permit for
such use.
An open, unoccupied space, other than a court, on the same
lot with a building or a building group, which open space lies between
the building or building group and the nearest lot line and is unobstructed
from the ground upward except for trees, shrubbery or other natural
landscaping or as otherwise permitted in this chapter. The depth or
width of a "yard," as the case may be, shall be measured from the
nearest part of the building, to the nearest point of the lot line
bounding the yard.
An open, unoccupied space on the same lot with a 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. Enclosed porches shall be considered as part of the main
building and shall not project into a required "front yard."
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.
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 regulations, restrictions and boundaries enacted by this
chapter may from time to time be amended, supplemented, changed and
modified or repealed. However, no such regulation, restriction or
boundary shall be amended, supplemented or changed until after a public
hearing in relation thereto, at which parties in interest and citizens
shall have an opportunity to be heard. Notice of the time and place
of such hearing shall be published in the official Village newspaper.
The provisions of this chapter shall be liberally construed
in order to effectuate the purposes for which this chapter is enacted.
It is not intended by this chapter to repeal, abrogate, annul or in
any way to impair or interfere with any existing provisions of the
law or any rules, regulations or permits previously adopted or issued
or which shall be adopted or issued pursuant to law relating to the
use of buildings or premises; nor is it intended by this chapter to
interfere with or abrogate or annul any easements, covenants or other
agreements between parties; provided, however, that where this chapter
imposes a greater restriction upon the use of buildings or premises
or upon the height of buildings or requires larger yards, courts or
other open spaces than are imposed or required by such existing provisions
of law or by such rules, regulations or permits or by such easements,
covenants or agreements, the provisions of this chapter shall control.
If any part or parts of this chapter shall be held to be unconstitutional
or in violation of any superseding federal or state statute, such
unconstitutionality or invalidity shall not affect the validity of
the remaining parts of this chapter. The Board of Trustees of the
Village of Stewart Manor hereby declares that it would have adopted
the remaining parts of this chapter if it had known that such part
or parts thereof would be declared unconstitutional or otherwise invalid.
