This chapter, enacted in pursuance of the authority conferred by Article 7 of the Village Law of the State of New York, shall be known and may be cited as the "Zoning Ordinance of the Incorporated Village of Old Field" and, alternatively, as "Chapter 121 of the Code of the Village of Old Field."
A.
These regulations have been made in accordance with
a comprehensive plan for the improvement of the Village and its future
growth, protection and development and with reasonable consideration,
among other things, to the character of the Village 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
throughout the Village. These regulations have also been made with
reasonable consideration of the semirural nature of the Village, the
nature of the terrain thereof, the topographical features and character
of the land, the suitability of the land therein for particular purposes,
the location of the Village in relation to Long Island Sound, the
bodies of water within the Village and the character of the neighboring
communities and with regard to existing uses and structures in such
neighboring and adjacent communities and to the availability of land
therein for higher-density commercial, business and industrial purposes.
B.
The regulations are designed to lessen congestion
in the streets; to secure safety from fire, flood, panic and other
dangers; to promote health and the general welfare; to provide adequate
light and air; to prevent the overcrowding of land; to conserve and
protect the existing essential character thereof as a wholly residential
low-density Village; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements; and to stabilize and
conserve property values therein.
For the purposes of this chapter, the Village
of Old Field is constituted as one district for residence and compatible
uses, the boundaries of which are and shall be coextensive and coterminous
with the boundaries of such Village, including such lands within such
boundaries which may be wholly or partly submerged or subject to tidal
action.
A.
From and after the effective date of this chapter,
every building or portion of a building erected or altered and every
use within a building or accessory building or upon the land in said
Village of Old Field shall be in conformity with these regulations.
B.
From and after the effective date of this chapter,
any existing building or structure or any existing use of land or
of a building or structure not in conformity with the regulations
herein prescribed shall be regarded as nonconforming, but may continue,
subject to the regulations herein provided in respect to such nonconforming
buildings, structures or uses.
A.
Words in the present tense include the future; words
in the singular include the plural number and words in the plural
number include the singular; the word "lot" includes the words "plot"
and "parcel"; the word "shall" is mandatory and not discretionary;
the word "person" includes a corporation as well as an individual;
and the words "used" and "occupied" shall be considered as though
followed by the words "or intended, arranged or designed to be used
or occupied, or offered for occupancy.
B.
ACCESSORY BUILDING
ACCESSORY FARM DWELLING
ACCESSORY HOME OFFICE USE
ACCESSORY USE
AGRICULTURE
ALTERATION
BEACH HOUSE
BUILDING
BUILDING COVER
BUILDING LOT COVERAGE
BUILDING LINE
CABANA
CELLAR
CLUB
CLUBHOUSE
COMMERCIAL SIGN
CORNER LOT
DWELLING
DWELLING, SINGLE-FAMILY
DWELLING UNIT
ENERGY CODE
FAMILY
(1)
(2)
(a)
(b)
[1]
[2]
[3]
[4]
[a]
[b]
[c]
[d]
[e]
[f]
[5]
(3)
FAMILY SWIMMING POOL
FARMING
FINAL DETERMINATION
FLOOR AREA
FRONT LOT LINE
FRONT OF BUILDING
GARAGE, PRIVATE
GUESTHOUSE
HABITABLE ROOM
HAZARD NOTICE
HEIGHT OF BUILDING OR STRUCTURE
IMPROVED SURFACES
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT IN SINGLE SEPARATE OWNERSHIP
LOT, SUBSTANDARD
LOT, THROUGH
LOT, WIDTH
MAIN BUILDING
NONCONFORMING BUILDING
NONCONFORMING USE
OCCUPANCY PERMIT
PARKING AREA
RIGHT-OF-WAY
SIGN
SIGN, TEMPORARY
STABLE, PRIVATE
STORY
STREET
STRUCTURE
UNIFORM CODE
USE
VILLAGE
WIND ENERGY CONVERSION SYSTEM (WECS)
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING PERMIT
As used in this chapter, the following terms and words
shall have the meanings herein defined. Words not herein defined shall
have the meanings given in Webster's Unabridged Dictionary.
A private garage not attached to the main dwelling, guesthouse,
accessory farm dwelling, beach house or other outbuilding or structure
subordinate to and located on the same lot with a main building or
a principal use and which is designed, intended or used for an accessory
use as hereinafter defined. No accessory building shall contain facilities
for cooking or a kitchen or kitchenette.
[Amended 1-8-1974; 2-17-1981 by L.L. No. 1-1981]
A building designed for use as living quarters for a farm
laborer and his family employed upon the farm or estate of which it
forms a part.
[Amended 2-17-1981 by L.L. No. 1-1981]
An occupation which provides a professional service as an
accessory use within a single-family dwelling performed by one or
more of its residents. Such occupations may include professional services
performed by an accountant, architect, appraiser, dentist, medical
practitioner, engineer, insurance agent, land surveyor, lawyer, planner,
realtor or similar professional.
[Added 11-12-2013 by L.L. No. 4-2013]
Use of a building, structure, lot or plot or portions thereof
which, at the time of adoption of this chapter and within the Village,
is a use customarily incidental and subordinate to the principal use
on the same lot or plot or to the principal use of the main building
on the same lot.
The commercial cultivation of the soil for food products,
nursery, orchards, shrubs, plants and flowers; the breeding, raising
and maintenance of livestock. "Agriculture" shall not include the
maintenance of fox farms, pig farms or other establishments of similar
nature or characteristics, nor shall the sale of garden furniture,
tools, statuary, motorized equipment, peat moss, fertilizer, fencing,
mulch or any other matter or thing be construed as an incidental or
accessory use to "agriculture," as herein defined, or of any phase,
division, department or aspect thereof.
Any change, addition or modification in construction or arrangement
of a building or structure or any change in use from one to another
or removal of a building or structure from one location to another.
A structure, other than a dwelling, located upon or in close
proximity to a strand or body of water, designed, used and intended
for use only for recreational purposes by the owner and his guests,
but not for pay or other consideration. No beach house shall contain
facilities for cooking or a kitchen or kitchenette.
[Amended 2-17-1981 by L.L. No. 1-1981]
A combination of materials forming safe and stable construction
which is adapted to permanent or continuous occupancy for residence,
public, institutional or storage purposes; the term "building" shall
be construed as if followed by the words "or parts thereof."
The aggregate of the entire horizontal cross-section area
of the main buildings and accessory buildings on a lot.
The aggregate of the entire horizontal cross-section area
of the main building and accessory buildings projected on a lot.
[Added 5-13-2003 by L.L. No. 3-2003]
The line, established by this chapter or other applicable
ordinances, beyond which line a building shall not extend, except
as may specifically be provided by these regulations.
Synonymous with "beach house" as hereinbefore defined.
That portion of a building, the ceiling of which is less
than four feet six inches above finished grade measured from the mid
point at the front of a building.
[Amended 5-13-2003 by L.L. No. 3-2003]
An aggregation of persons constituting a voluntary association
or a membership corporation, as the latter is defined in the Membership
Corporation Law of the State of New York,[1] associated for the primary purpose of recreation or sport.
A club shall not be organized or operated for the profit of its members
nor be an adjunct to or operated by or in conjunction with any business.
A structure, other than a dwelling, used or designed or intended
to be used by a club.
A sign that includes the name, telephone number or logo (whether
or not copyrighted) or that indicates that any item or service is
available for sale or rent or that calls to mind or is otherwise used
in connection with any type of commercial establishment not permitted
to be conducted from a headquarters located in the Village.
[Added 1-9-1996 by L.L. No. 1-1996]
See "lot, corner."
Any building or portion thereof which is designed or used
exclusively for residential purposes and permitted accessory uses
therein.
A detached house consisting of or intended to be occupied
as a residence by one family only, as family is hereinafter defined.
The dwelling accommodation occupied or intended to be occupied
as a residence by one family only, as family is hereinafter defined.
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
[Added 12-12-2006 by L.L. No. 4-2006]
The following shall constitute a family hereunder:
[Amended 4-9-2013 by L.L. No. 1-2013]
One, two or three persons occupying a dwelling unit; or
Four or more persons occupying a dwelling unit and living together
as a traditional family or the functional equivalent of a traditional
family.
Four or more persons living in a single dwelling unit who are
not related by blood, marriage or legal custody shall create a rebuttable
presumption that such persons do not constitute the functional equivalent
of a traditional family.
The foregoing presumption may be rebutted by submitting evidence
to the Building Inspector that the following are present:
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit;
The occupants share the entire dwelling unit and live and cook
together as a single housekeeping unit. A unit in which various occupants
act as separate roomers is not deemed to be occupied by the functional
equivalent of a traditional family;
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses;
The group is permanent and stable. Evidence for such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools;
Members of the household have the same address for purposes
of voter registration, driver's license, motor vehicle registration
and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units;
There is common ownership of furniture and appliances among
the members of the household; and
The group is not transient or temporary in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
In no case shall a lodging house, boardinghouse or dormitory
be classified or construed as a single housekeeping unit or the occupants
thereof be construed as a family.
Any body of water or receptacle for water having a depth
at any point greater than two feet, used or intended to be used for
swimming or bathing and constructed, installed or maintained in or
above the ground outside any building on the lot accessory to a dwelling.[2]
[Amended 8-26-1967]
The practice of agriculture, as hereinbefore defined, principally
for the owner or tenant of the premises.
[Amended 11-12-2013 by L.L. No. 4-2013]
The sum of the gross horizontal floor areas of the several
floors of a building or buildings if connected, measured from the
exterior face of exterior walls or from the center line of walls separating
two buildings, excluding cellar and excluding that portion of an attic's
floor space where the clearance under the beams and ceiling is less
than six feet zero inches in height.
[Added 5-13-2003 by L.L. No. 3-2003]
The property line separating the lot from the abutting street
or streets which give access to the lot.
On an interior lot, that facade facing the front lot line.
[Added 5-23-1964]
An accessory building used to accommodate one or more motor
vehicles or conveyances owned and used by the owner or tenant of the
premises, in which garage no business, service or occupation is conducted
or rendered for profit.
An accessory building or that portion of an accessory building
designed for the temporary use by guests of the occupants of the main
premises as living quarters. No "guesthouse" shall contain facilities
for cooking or a kitchen or a kitchenette.
[Amended 2-17-1981 by L.L. No. 1-1981]
An undivided and enclosed space within a dwelling, which
space is designed for or used for living, sleeping or kitchen facilities.
The term excludes attics, bathrooms, cellars, corridors, hallways,
laundries, serving pantries, storage rooms or similar places.
The vertical distance of a building or structure measured from the average level of the existing undisturbed grade or the average level of the proposed final grade, whichever is more restrictive, along each side of the building or structure, to the highest point of the roof. Exceptions are noted in §121-17, Building heights.
[Amended 11-21-1995 by L.L. No. 6-1995; 8-15-2000 by L.L. No. 2-2000; 7-13-2004 by L.L. No. 2-2004; 12-29-2011 by L.L. No. 1-2011]
The aggregate of the entire horizontal cross-section area
projected on a lot of all buildings and areas on the ground and elevated
above the ground which are comprised of materials such as asphalt,
concrete, masonry, wood, gravel or paving stones, including but not
limited to elements such as a swimming pool, courtyard, volleyball
court, tennis court and other areas used for recreational purposes,
deck, patio, terrace and driveway, but excluding walkways four feet
or less in width.
[Added 5-13-2003 by L.L. No. 3-2003]
A parcel of land, the dimensions and boundaries of which
are evidenced by a deed or other instrument of conveyance, which is
at least of the minimum size that may be occupied by one main building
and accessory building or buildings, including the open spaces required
by this chapter, which parcel of land has its principal frontage on
a public street or on a private street of record at the time of the
effective date of this chapter or which parcel of land has suitable
access by right-of-way, easement, private street or road, suitably
improved and of sufficient width to permit ingress and egress by Police
and Fire Department vehicles and to permit two vehicles traveling
in opposite directions to pass each other.
The total horizontal area included within lot lines, excluding
any part of an access road which is not a driveway for single use
in connection with the lot.
A lot fronting on two streets at their intersection. The
owner, when first applying for a building permit, shall designate
which of the two streets is to be the principal frontage for the purpose
of establishing the front, rear and side yard requirements of the
lot.
The mean horizontal distance between front and rear lot lines,
measured in the general direction of the side lot lines.
A lot or parcel of land, the ownership of which, by a deed
of bona fide conveyance or by a will or through intestacy or operation
of law, is vested in a person or persons or a corporation owning no
contiguous parcel of land, provided that such deed or will (as the
case may be) by which such ownership is claimed to be separate has
been recorded or probated or filed by court order prior to the adoption
of this chapter or an amendment thereof which imposes new or enlarged
area, width or other nonuse requirements upon such lots. A conveyance
made without fair consideration (as defined in the Debtor and Creditor
Law of the State of New York), reducing a lot or parcel of land in
single ownership below the minimum lot size required by an amendment
to this chapter and made after statutory notice of the pendency of
a proposal for such an amendment has been given shall not be considered
a bona fide conveyance within the meaning of the foregoing definition.
Where, at the time of the effective date of this chapter or of an
application for a zoning or building permit (whichever is later) with
respect to any lot or parcel which is smaller in area or width than
is prescribed by this chapter or an amendment hereof, the owner thereof
owns or has an enforceable right to acquire other lots or parcels
contiguous thereto, the lot for which such application is made shall
not be construed to be in single separate ownership.
One which, at the effective date of this chapter or an amendment
thereof imposing new or enlarged area width or other nonuse requirements
upon such lot, is not of sufficient size to permit conformity with
the minimum area, frontage, width, depth or other nonuse requirements
upon such lot which are imposed by this chapter or by such amendment
thereof and which lot at such time is in single separate ownership.
No zoning or building permit shall be granted for any lot which has
been made substandard by severance thereof from a lot or parcel of
sufficient size to permit conformity with the requirements of this
chapter or of such amendments thereto as may be effective at the time
of the application for such permit.
A lot having frontage on two parallel or approximately parallel
streets and extending from street to street.
The horizontal distance between the side lot lines.
The building designed for, occupied by or intended to accommodate
the principal use or uses permitted on the property on which such
building or use is located. The main building shall also be known
as the principal building.
[Added 5-13-2003 by L.L. No. 3-2003]
Includes any building or structure existing at the date of
enactment of this chapter which, at any particular time, does not
conform to the regulations of this chapter prescribing minimum yards,
maximum height, frontage, minimum lot area, maximum lot coverage and
minimum open space in effect at such particular time. A "vested nonconforming
building" is a nonconforming building, as defined above, lawfully
occupied for a conforming or nonconforming use on the effective date
of this chapter or of a subsequent amendment of the regulations hereof
prescribing minimum yards, maximum height, frontage, minimum lot area,
maximum lot coverage and minimum space.
Includes any use, whether of a parcel or tract of land or
of a building or structure or part thereof which, at any particular
time, does not conform to the use regulations of this chapter in effect
at such times. A "vested nonconforming use" is a nonconforming use,
as defined above, lawfully engaged in on the effective date of this
chapter or of a subsequent amendment of the use restrictions hereof.
Synonymous with a certificate of occupancy; it shall designate
the existing use of land or buildings and certify to the lawfulness
thereof.
An open, off-street land area which may be laid out in parking
spaces with access and egress drives or aisles, used or required by
this chapter for the temporary parking of automotive vehicles and
in which area no gasoline or automobile accessories are or may be
sold and no business is or may be conducted.
A legally vested and enforceable means of ingress and egress
to a lot for pedestrian and vehicular traffic, suitably improved for
such purposes.
Any single or multiple representation, lettering, letter,
picture, design, number, logo (whether or not copyrighted), model,
banner, symbol, flag (other than the flag of any nation, state or
political subdivision thereof), pennant, insignia or device or any
combination of the foregoing that is visible outside of the property
on which located from any place in the Village or adjacent waters.
For the purposes of this chapter, the word "sign" does not refer to
or include governmental highway or traffic directional signs or street
signs.
[Amended 1-9-1996 by L.L. No. 1-1996]
Any sign, handbill, or poster which pertains to a particular
event or occurrence, or which is placed to advertise or announce a
specific event, and which is not designed or intended to be placed
permanently. A political campaign sign is a form of temporary sign.
For purposes of this definition, a temporary sign includes the frame
or structure whose sole purpose is to support the sign, handbill,
or poster.
[Added 10-11-2016 by L.L.
No. 2-2016]
An accessory building used for the housing of one or more
horses owned and used by the owner or tenant of the dwelling to which
the stable is accessory; such horses not to be let for commercial
livery.
The space between the surface of any floor and the surface
of the floor or roof next above, except that the topmost story shall
be that portion of a building included between the surface of the
topmost floor and the ceiling or roof above. A cellar, as defined
herein, shall not be considered as a story. A "half-story" is that
portion of a building between the surface of a floor and the roof
construction next above, where the space thus enclosed has an average
clear height of not more than five feet. In a dwelling, any floor
used for habitable rooms shall be considered a story or half-story,
as the case may be.
A way or thoroughfare, publicly or privately owned, which
affords the principal means of access to abutting property.
Anything constructed or erected which requires location on
or in the ground, or which is attached to something located on or
in the ground, including but not limited to a building, garage, dwelling,
corral and/or riding ring, stable, tennis court, swimming pool, beach
house, platform, shed, shelter, dock or sign.
[Amended 8-26-1967; 1-8-1974; 5-9-1995 by L.L. No. 3-1995; 9-12-1995 by L.L. No. 5-1995; 4-8-2014 by L.L. No.
2-2014]
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
[Added 12-12-2006 by L.L. No. 4-2006]
The purpose for which land or a building is arranged, designed
or intended or for which either is or may be occupied or maintained.
The Incorporated Village of Old Field.
A machine that converts the kinetic energy of the wind into
a usable form (commonly known as a "wind turbine" or "windmill") that
drives an electrical generator. The WECS includes all parts of the
system including the tower and the transmission equipment; the turbine
or windmill may be on a horizontal or vertical axis, rotor or propeller.
[Added 7-13-2010 by L.L. No. 3-2010]
An open space, which open space is unoccupied and unobstructed
(save for trees and natural ground cover) from the ground to the sky
along the entire length of a lot line and from the lot line for a
depth or width prescribed in the applicable yard regulations.
The yard extending across the full width of the lot and lying
between the front lot line and the front building line.
The yard between the rear building line and the rear lot
line and extending from side lot line to side lot line. On a corner
lot, the rear yard shall extend from the interior side lot line to
the exterior side yard on the street side.
A yard between the side building line and the adjacent side
line of the lot and extending through from the front yard to the rear
yard or, in the absence of either of such yards, extending to the
front and rear lot line, as the case may be. On a corner lot, the
exterior side yard shall extend from the front yard to the rear lot
line.
A permit for those uses and activities upon a lot which are
regulated or restricted by the provisions of this chapter or any amendments
thereto, but which do not involve the erection of a building or structure
to which the Building Code of the Village is applicable.[3]
[1]
Editor's Note: According to an historical
note to N-PCL § 101, "Section 2 of L.1969, c. 1066, eff.
Sept. 1, 1970, provided: 'The membership corporations law is hereby
repealed.' The subject matter is now covered by this chapter."
[3]
Editor's Note: The Village of Old Field enforces
the New York State Uniform Fire Prevention and Building Code as the
Building Code of the Village.
