In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection of the public health, morals, safety, comfort, convenience and general welfare of the community. This chapter shall not be deemed to affect, in any manner whatsoever, any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land, or upon the erection, construction, establishment, moving, alteration or enlargement of buildings than are imposed by other ordinances, rules, regulations, licenses, certificates or other authorizations or by easements, covenants or agreements, the provisions of this chapter shall prevail. Except as hereinafter provided, the following general regulations shall apply.
No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose in any manner, except in conformity with this and all applicable chapters of the Code of the Village of Nissequogue (including, without limitation, Chapters 51, 65, 93, and 101) and, particularly, with the specific regulations for the district in which such building or land is located.
[Amended 9-18-2007 by L.L. No. 7-2007]
Any use not specifically permitted by this chapter is prohibited.
Every building hereafter erected shall be located on a lot as herein defined. There shall be not more than one main building and its accessory buildings on any such lot.
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as any part of the yard or open space for any other building. No yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot.
Should a lot hereafter be formed from the part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter, with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter and Chapter 101, Subdivision of Land.
Where a question exists as to the proper application of any of the provisions of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how such regulations shall be applied in accordance with the following procedures:
The person concerned shall make a written application, signed and sworn to, to the Village Building Inspector, for an interpretation of the proper application of such regulations or other provisions which shall set forth all the pertinent facts involved and be accompanied by a survey of the premises in question, drawn to scale by a licensed land surveyor showing lot dimensions and the setback distances of any existing structures.
The Village Building Inspector shall make a preliminary determination thereon and refer it to the Board of Appeals for review.
The Board of Appeals, upon such referral, shall call a hearing in accordance with its regular procedure, shall at such hearing review the matter and shall issue its determination in the form of an opinion and decision by the Board.
No permit shall be issued for any structure unless the lot upon which the structure is to be built has a frontage of at least 25 feet on a street or highway, which street or highway shall have been suitably improved or a bond posted therefor in accordance with a resolution passed by the Village Planning Board acting pursuant to Chapter 101, Subdivision of Land.
In any district, no more than 20% of the required minimum area per lot may be satisfied by the area of lands which do not meet both the required depth and width dimensions. Thus, in the lot shown for an R-2 District, the shaded portion does not meet the width requirement of 250 feet and, therefore, that portion of the lot may not count for more than 17,424 square feet [or 20% of two acres] even if it is larger. (NOTE: See illustration below.)
[Amended 9-9-1985 by L.L. No. 3-1985]
No portion of the minimum area requirement of a lot may be achieved by including land underwater or land with an elevation below mean high water. All minimum front, side and rear yard requirements must be satisfied by measurement on dry land. For the purposes of this subsection, land which is in a stream not exceeding five feet in width, or land in a pond not exceeding 5% of the lot area at mean high-water level, shall not be considered as underwater. The elevation of the first floor of any dwelling shall be at least seven feet above mean high water.
For purposes of this section, lands formerly underwater, which are presently above water or above the minimum elevations stated herein, by reason of the placement of fill or the depositing of spoil materials from dredging or by other means, shall be deemed to be lands underwater. No building permit shall be issued for any lot which requires, as part of its area, the inclusion of lands defined herein as "lands underwater."
All accessory uses shall be located on the same lot with the principal uses to which they are accessory.