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.
A.
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]
B.
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:
A.
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.
B.
The Village Building Inspector shall make a preliminary determination
thereon and refer it to the Board of Appeals for review.
C.
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]
A.
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.
B.
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."[1]
All accessory uses shall be located on the same lot with the
principal uses to which they are accessory.
