This chapter shall be known and may be cited as the "Zoning
Code of the Incorporated Village of Malverne, New York."
A.Â
There
is hereby established a Comprehensive Zoning Plan for the Incorporated
Village of Malverne, which plan is set forth in the text, maps and
schedules that constitute this chapter. This plan is adopted for the
purposes set forth in §§ 7-700, 7-702 and 7-704 of
the Village Law of the State of New York and more particularly for
the protection and promotion of the public health, safety, morals
and general welfare of the Village in the following respects:
(1)Â
Protecting the character of the Village as found in the desirability
of the living environment provided by its residential neighborhoods
and the quality and economic soundness of its business districts,
and assuring that further development in the Village will be in harmony
with these characteristics.
(2)Â
Providing a guiding pattern of land use and population density
that:
(a)Â
Represents the most appropriate use of land throughout the Village.
(b)Â
Is a normal and beneficial evolution of the comprehensive planning
that has guided the development of the Village from its inception.
(c)Â
Recognizes sound trends in building development and land area
design.
(d)Â
Takes account of trends of development in the larger community
of Nassau County of which the Village is a part.
(3)Â
Providing an atmosphere of community safety and suburban quality
of life in all neighborhoods of the Village.
(4)Â
Fostering the most beneficial relation between the uses of land
and buildings and the movement of traffic through, and the circulation
of traffic within, the Village, having particular regard to the avoidance
of congestion in the streets of the Village and the provision for
safe and convenient traffic access appropriate for the various uses
of land and buildings throughout the Village.
(5)Â
Providing a guide for public policy and action in the efficient
provision of public facilities and services and for private enterprise
in building development, investment and other activity relating to
the uses of land and buildings throughout the Village.
B.Â
In their interpretation and application, the provisions of this chapter
shall be held to be the minimum requirements adopted for the promotion
of public health, safety, morals and general welfare. Among the purposes
of this chapter shall be the protection of the public interest by
ensuring that development results in minimum disturbance of natural
terrain and reduction in the potential for such adverse occurrences
as soil erosion, siltation, slide damage, flooding problems, severe
land and/or tree cutting or scarring and loss of vegetation, natural
land cover and animal habitat. These regulations are designed to foster
development of a character which respects the natural environment,
the natural character, and conserves the aesthetic and historic qualities
of the land as well as the Village's man-made resources as an important
part of Malverne's heritage. It is not intended by this chapter to
repeal, abrogate, annul, or in any way impair or interfere with any
existing provisions of law or ordinance or any rules, regulations
or permits previously adopted or issued or which shall be adopted
or issued pursuant to any law unless such rules, regulations or permits
previously adopted are inconsistent with the provisions of this chapter.
Where this chapter imposes a greater restriction upon the use of buildings
or land or upon the height of buildings, or requires larger yards
or greater open spaces than are imposed or required by such existing
provisions of law or ordinances or by such rules, regulations or permits,
the provisions of this chapter shall control.
For the purposes of this chapter, certain words, terms and phrases
shall be interpreted or defined as set forth in this section.
A.Â
Word usage. Words in this chapter are defined for the purpose thereof,
as follows: Words in the present tense include the future; the singular
includes the plural and vice versa; the word "lot" includes "plot";
the word "building" includes the word "structure"; "buildings" shall
be construed as though followed by the words "or part thereof"; the
word "shall" is always mandatory. Words not specifically defined in
this chapter shall be given their plain and ordinary meanings. The
titles to articles, sections or subsections are intended for the purpose
of convenience and are not intended to influence the interpretation
of any text.
B.Â
ACCESSORY BUILDING OR STRUCTURE
ACCESSORY USE
ALTER; ALTERATION
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
(2)Â
AVERAGE NATURAL GRADE LEVEL
APPROVED
BASEMENT
BUILDING
BUILDING AREA
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
BUILDING HEIGHT
BUILDING INSPECTOR
CELLAR
CODE ENFORCEMENT OFFICER
DEMOLITION
DWELLING
DWELLING, MULTIPLE-FAMILY
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
EXIT
FAMILY
(1)Â
(2)Â
(a)Â
(b)Â
(c)Â
(3)Â
(4)Â
FLOOR AREA
FLOOR AREA RATIO (FAR)
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
(10)Â
GARAGE, MULTIPLE DWELLING
GARAGE, PRIVATE
GARAGE, PUBLIC
HABITABLE SPACE
HOME, MOBILE
HOME OCCUPATION
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
HOME PROFESSIONAL OFFICE
HOSPITAL
HOTEL
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT, DEPTH OF
LOT FRONTAGE
LOT, INTERIOR
LOT WIDTH
NONCONFORMING LOT, BUILDING, STRUCTURE OR USE
PARKING AREA, PRIVATE
PERSON
PORCH
PORCH, ENCLOSED
PREEXISTING BUILDING
PUBLIC PLACE
SCHOOL
SCHOOL, NURSERY
SCHOOL, PROFESSIONAL
SCHOOL, PUBLIC
STORY
STREET LINE
STRUCTURE
SUPERINTENDENT OF BUILDINGS
USE
USE, ACCESSORY
USE, SPECIAL
VEHICLE, COMMERCIAL
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
Terms defined. As used in this chapter, unless the context or subject
matter requires otherwise, the following words shall have the following
meanings:
A building or structure subordinate and incidental to the
main building or structure on the same lot and used for purposes customarily
incidental to those of the main building or structure. For purposes
of this chapter, an accessory building or structure shall not occupy
more than 40% of the rear yard. No part of an accessory building or
structure shall be less than four feet from the rear or side lot lines,
except that a detached garage and sheds less than 100 square feet
shall be no less than two feet from the rear or side lot lines.[1]
A use on the same lot which is customarily incidental and
subordinate to the principal use.
To:
Change or rearrange:
The walls, roof, ceiling, floors, supporting beams, columns,
or other structural parts of a building or structure;
The interior plan or layout of a building or structure;
The exterior architectural features of a building or structure;
The exit facilities of a building or structure; or
Move a building or structure from one location to another.
The mean elevation of the land along and adjacent to the
front of a building or structure prior to the placement of any fill
thereon, or as depicted on plans previously approved in accordance
with this chapter, whichever is more recent.[2]
As applied to any material, device, or mode of construction,
the written approval by the Superintendent of Buildings, which approval
shall be given only after full compliance with the requirements of
this chapter and satisfactory evidence of impartial tests submitted
to the Superintendent of Buildings.
A story partly underground but having at least 1/2 of its
floor-to-ceiling height above the average level of the adjoining ground.
A basement shall be counted as a story for the purpose of height measurement
of a building.
A structure wholly or partially enclosed with exterior walls,
or party walls, and a roof affording shelter to persons, animals,
or property for any use or occupancy.
The square footage of buildings, and accessory structures,
measured at the exterior of the foundation walls or foundation structure
of a building, excluding the square footage of:
Open and uncovered porches;
Balconies and terraces;
Decks and patios less than 10 inches in height;
Cornices, eaves or chimneys projecting not more than 24 inches;
Porticos not exceeding 48 square feet;
Hanging bay windows not extending through more than one story,
in no event projecting more than five feet from the facade; and
Temporary structures.
The vertical distance measured from the average natural grade
level, as defined in this chapter, to the highest level of a flat
or mansard roof, or to the peak of a pitched, gable, hip or gambrel
roof. The highest point shall not include heating, ventilation and
air-conditioning equipment; stairway and elevator bulkheads; antennas;
and other minor appurtenances.[3]
The person appointed by the Board of Trustees to assist the
Superintendent of Buildings with the inspection, approval and issuance
of permits for the construction, alteration, or demolition of buildings
or other structures in the Village.
The part of a building which is partly or wholly underground
but having less than 1/2 of its floor-to-ceiling height above the
average level of the adjoining ground. A cellar shall not be counted
as a story for purposes of height measurement of a building. The cellar
shall not be calculated in floor area.
The Superintendent of Buildings for the Village of Malverne
or such other person designated by the Board of Trustees to enforce
the provisions of this chapter.
The dismantling or razing of all or part of a building or
structure, including all operations incidental thereto.
A building or structure or part thereof designed exclusively
as living quarters and containing cooking facilities. The term "dwelling"
or any combination of the term "dwelling" with any other word or words
shall not be deemed to include an hotel, rooming house, motel, tourist
home, mobile home, hospital, dormitory, tent, fraternity or other
accommodations or other similar uses.
A dwelling authorized for use as and containing three or
more dwelling units separated by uninterrupted party walls, partitions
or floors. A multiple-family dwelling shall include dwellings:
A detached dwelling authorized for use as and consisting
of a building containing one dwelling unit only.
A detached dwelling authorized for use as and containing
two dwelling units only, separated by uninterrupted party walls, partitions
or floors.
One or more rooms with provisions for living, cooking, sanitary
and sleeping facilities for use by one family.
Means or way of departure from the interior of a building
or structure to the exterior at street or grade, including doorways,
passageways, hallways, corridors, stairways, ramps, fire escapes and
all other elements necessary for egress or escape.
One or more individuals, 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 individuals
together occupy and own, lease or rent the whole of a 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;
One or more individuals, whether or not related to each other
by blood, marriage or adoption, shall not be deemed to constitute
a family if:
Any one or more of such persons may not have lawful access to
all parts of the building or dwelling unit; or
If any one or more of such individuals lease or rent any separate
portion of such building or dwelling unit from any other individual;
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 building or dwelling is occupied
by more than one family if: (1) any two or more of the following features
are found to exist at a building or dwelling: (a) more than one mailbox,
mail slot or post office address, or doorbell or doorway on the same
side of the building or dwelling or electric meter or gas meter; or
connecting line for cable or satellite TV; (2) two or more kitchens,
each of which contains a range or oven, and a refrigerator or sink;
(3) separate entrances for segregated portions of the building or
dwelling; (4) partitions or locked doors barring access between segregated
portions of the building or dwelling including bedrooms; or (5) separate
written or oral leases or rental agreements or the payment of rent
for portions of the building or dwelling among its owner or residents.
The presumption provided for in this subsection shall be rebuttable.
Such presumption shall not preclude a determination that the building
or dwelling unit is not occupied by one family based on other criteria
not listed in this subsection.
The Superintendent of Buildings shall make the primary determination
as to the application of this definition of "family" for the purposes
of compliance with any provisions of this chapter and the New York
State Building Code, based upon an inspection of the premises, any
information received from the residents thereof or any other persons
or upon any other documentary or 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 such
determination shall be presumed to be correct and final, subject to
review of or appeal by the Zoning Board of Appeals and judicial review
as provided by law.
The area, measured in square feet, of a floor of a building,
measured at the exterior of the walls thereof.
The total floor area in square feet of a building, buildings
or accessory structures divided by the area in square feet of the
lot on which the building, buildings or accessory structures are situated.
For purposes of FAR, total floor area shall exclude:
Open or uncovered porches;
Balconies and terraces;
On-grade patios;
Cornices, eaves or chimneys projecting not more than 24 inches;
Porticos not exceeding 48 square feet;
Hanging bay windows not extending through more than one story,
in no event projecting more than five feet from the facade;
Temporary structures;
Sheds;
Detached garages and garages without structures above; and
Swimming pools.
Shall consist of a basement garage or accessory garage building,
or a combination of the two with outdoor parking facilities providing
for one parking space consisting of not less than 200 square feet
for the parking of each noncommercial automobile for each dwelling
unit.
A detached accessory building or part of a main building
used only for the parking or temporary storage of automobiles of the
occupants of the main building or building group to which the garage
is accessory or of which it is a part and in which no service, occupation
or business is conducted.
A building, other than a private garage, available to the
public and operated as a commercial business regardless of profit
or loss and used for the storage or repair of automobiles only as
an incidental use.
The space occupied by one or more persons for living, sleeping,
eating or cooking.
A structure or vehicle containing one or more dwelling units
that is so designed as to be transportable, either by being drawn
or propelled or under its own power. This definition shall apply irrespective
of whether or not the wheels or other devices for transportability
are actually in place or operable. Trailers, house-cars or other structures
with similar designations shall be deemed to be mobile homes.
Any use customarily conducted entirely within a dwelling
solely by the inhabitants thereof which is clearly incidental to the
residential use and in connection with which there are:
No sounds audible outside the building;
No display of goods visible from outside the building;
No signs or other advertising;
No selling of a commodity on the premises; and
Which use does not occupy more than 25% of the habitable floor
area of any single floor of the dwelling and does not in any way change,
alter or modify the residential character or appearance of the building.
The office or studio of a physician, dentist, architect,
accountant, artist, musician, chiropractor, osteopath, podiatrist,
professional engineer, real estate or insurance broker or lawyer,
provided that: (1) 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; (2) not more than three assistants
or employees are employed; (3) such use does not occupy more than
25% of the habitable floor area of any single floor of the dwelling;
(4) there is no display of goods or advertising other than a professional
nameplate no larger than six inches by 12 inches bearing only the
name and occupation (words only) of the practitioner; (5) there is
no alteration or change to the building exterior which will change
or modify the residential character or appearance thereof; and (6)
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. The
Board of Trustees shall have the power to grant a special use permit
for a professional office in the home for a profession not specifically
enumerated herein, provided the use is of the same or similar general
character of those enumerated in this definition.
An institution licensed for the care of at least four sick,
injured, infirm or aged persons, but excluding a penal, correctional
or mental institution or institutions for alcoholics or drug addicts.
A building or portion thereof or a group of buildings containing
sleeping accommodations for transient guests, without individual kitchen
facilities, whether such establishment is designated as an hotel,
inn, motel, motor hotel, motor lodge, rooming house, or other similar
establishment. "Hotel" shall also include bed-and-breakfast establishments.
A vacant parcel of land or a parcel occupied by one building
and the accessory buildings or uses customarily incident to it, including
such open spaces as are required by this chapter, and such open spaces
as are arranged and designed to be used in connection with such building.
The total area of a lot located within the border thereof.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
The square footage of a lot covered by the building area
of primary and accessory structures.
The mean distance from the street line of the lot to its
rear line, measured in the general direction of the side lines of
the lot.
That dimension of a lot measured along the front lot or street
line thereof, or if said front lot or street line is curved, along
the chord of the arc. On a corner lot, the lot shall be deemed to
front on the street with the narrower frontage, and where the two
street frontages are of the same length the owner may elect either
street frontage as the front lot line.
A lot other than a corner lot.
The distance between the mean points along the side lines
of a lot.
A lot, building, structure or use, or any part thereof, that
does not conform to the regulations prescribed for the district in
which it is situated.
An open off-street area, as an accessory use, containing
parking spaces for automobiles owned by occupants of the main building
or their employees or customers.
Any individual, partnership, association, or corporation
or other business or legal entity.
A platform at an entrance of a building. The term "porch"
shall include any veranda, gallery, terrace, pergola, piazza, portico
or similar projection from a main wall of a building, which is either
covered or not by a roof not enclosed and which is not heated.
A porch which is covered by a roof and fully enclosed with
outside walls having window sashes and window frames. All other porches
shall be considered open porches.
A building or part thereof which was lawfully in existence
at the time that such regulation became applicable thereto, whether
by the adoption of the first Zoning Ordinance or local law replacing
the same, including this local law, or of any amendments to any of
the foregoing, and which has not since that time been altered in any
manner or moved.
Any place available to or used by the general public, whether
or not an admission fee is charged, including, but not limited to,
restaurants, discotheques, cabarets, bars, social clubs, amusement
parks, penny arcades, game rooms and other similar establishments.
An institution or place for learning, limited to pre-kindergarten
through grade 12, other than a public school, which furnishes a comprehensive
curriculum of academic instruction either similar to that of a public
school or otherwise meeting educational requirements of the laws of
the State of New York. This shall not include a college, nursery school,
day camp, professional school or a school giving special or limited
instruction in areas of learning such as business, art, music, dance
or riding.
A regularly organized school licensed by the State of New
York operated to provide daytime instruction, guidance or education
for children two to five years of age inclusive.
A school giving regular instruction in professional subjects,
such as, without limitation, the dramatic or graphic arts, business,
dancing, languages, music, sciences or stenography and secretarial
study.
An institution or place for learning, limited to pre-kindergarten
through grade 12, operated by a public school district under the laws
of the State of New York. This shall not include a college, nursery
school, day camp, professional school or a school giving special or
limited instruction in areas of learning such as business, art, music,
dance or riding.
That part of any building comprised between the surface of
one floor, except a cellar floor, and the surface of the next higher
floor or, if there is no higher floor, then that part of the building
compromised between the surface of the highest floor and the ceiling
above.
The dividing line between the street and the lot.
Any combination of materials forming any construction or
part thereof, including a building, the use of which requires location
on the ground or attachment to something having location on the ground,
including, but not limited to, curbs, fences and walls; gasoline pumps;
gates and gateposts; mobile dwellings, whether mobile or stationary
at the time; platforms or stands; pools and pool equipment; porches;
sheds or bins; shelters; signs; standpipes; tanks of any kind; air
conditioning compressors; fire pits; towers of any kind, including
radio and television towers and antennas; parabolic or hemispheric
discs or dishes or other similar convex or concave antennas, the purpose
of which is to receive television and radio and/or microwave or other
similar signals from satellites or ground stations which transmit
satellite signals, but excluding conventional television and radio
aerials; tents; patios, trellises and solar energy equipment. The
word "structure" shall be construed to include the words "or part
thereof." A "temporary structure" shall be defined as any structure
without a footing or foundation.
The person charged with the inspection, approval and issuance
of permits for the construction, alteration or demolition of buildings
or other structures in the Village. The Board of Trustees may appoint
Building Inspectors, who shall serve as assistants to the Superintendent
of Buildings.
The purpose for which land or a building or a structure,
or a portion thereof, is designed, arranged, intended, occupied or
maintained. The term "permitted use" or any variant or any other form
of said term having the same meaning shall not be deemed to include
any nonconforming use.
A use which is customarily associated with and incidental
and subordinate to the principal uses of a lot or a building which
is located upon the same lot therewith.
A use prohibited unless a permit therefor shall have been
received from the Board of Trustees.
Any trailer, boat, tractor, van, truck or other motor vehicle
licensed or used for transportation for compensation or for hire of
persons or property or used in conjunction with a trade or occupation.
For the purposes of this definition, a limousine is presumed to be
a commercial vehicle. Lack of commercial license plate or commercial
registration shall not be conclusive proof that a vehicle is not a
commercial vehicle as defined in this section.
An open, unoccupied space on the same lot with the building,
open and unobstructed from the ground to the sky, except as otherwise
provided in this chapter.
A yard across the full width of the lot extending from the
front wall of the building to the front line of the lot. Corner lots
shall have two front yards. The primary front yard shall be the yard
with the shortest street frontage. The other front yard shall be considered
the second front yard.
A yard lying from the rear line of the lot and the nearest
point of the building extending between the side lines of the lot.
For corner lots, the rear yard shall be the yard opposite the primary
front yard.
A yard lying between the side line of the lot and the nearest
point at the building extending from the front yard to the rear yard.
No building or structure in any district shall hereafter be
erected and no existing building or structure in any district shall
be altered or enlarged, nor shall any land, building or structure
in any district be used, for any purpose other than those permitted
in this chapter.
A.Â
A Schedule of Regulations shall be adopted and is hereby declared
to be part of this chapter and may be amended in the same manner as
any other part of this chapter. The regulations listed in the Schedule
of Regulations shall be deemed to be the minimum prescribed requirements
for each district in every instance of their application.[1]
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
B.Â
Application of regulations.
(1)Â
Height. No building or structure shall hereafter be erected,
reconstructed or altered to exceed the height limit designated in
this chapter and the Schedule of Regulations for the district in which
such building is located.
(2)Â
Area and open space. No building or structure shall hereafter
be erected, nor shall any existing building or structure be altered,
nor shall any open space contiguous to any building be encroached
upon or reduced in any manner, except in conformity with this chapter
and the yard, lot width and area regulations designated in the Schedule
of Regulations relative to the district in which such building or
space is located, provided that the minimum lot width and lot area
regulations shall not apply to any lot having less than the required
width or area at the time of the adoption of this chapter or of any
amendment thereof increasing the width or area required for such lot
and held at that time and continuously thereafter in separate ownership
from that of adjoining land, but such lot shall not be reduced in
width or area, and all other regulations prescribed in this chapter
for the district in which such lot is situated shall apply thereto.
(3)Â
Off-street parking and loading. Off-street parking space and
off-street loading space shall be provided as specified in this chapter
and the Schedule of Regulations, and such spaces shall be provided
with necessary passageways and driveways appurtenant thereto and giving
access thereto, and all such space, together with such passageways
and driveways, shall be deemed to be required space on the lot on
which the same is situated and shall not thereafter be encroached
upon or reduced in any manner except as otherwise provided in this
chapter.
(4)Â
Reduction of lot area. No lot area shall be reduced or diminished
so that the minimum land area per dwelling unit, yards or other open
spaces thereon shall be smaller than as prescribed by this chapter
and the Schedule of Regulations.
(5)Â
Yard limitations. No yard or other open space provided on one
lot for the purpose of complying with the provisions of this chapter
shall be considered as providing a yard or open space required on
any other lot.
(6)Â
Prior construction. Nothing contained in this chapter shall
require any change in the plans, construction or designated use of
a preexisting building or structure, a substantial portion of the
construction of which was lawfully completed on the date this chapter
or any amendment thereto affecting the same takes effect, provided
that construction is completed within one year after such effective
date.
All fees and charges shall be paid in accordance with the Schedule
of Fees adopted by the Board of Trustees. The Board of Trustees may
amend, from time to time, the Schedule of Fees by resolution.
A lot created before the effective date of this chapter having
common ownership with an adjoining lot shall be deemed to have merged
into one lot. Lots which have merged shall be considered one lot and
shall conform to the minimum prescribed requirements in this chapter.