This chapter shall be known and may be cited
as the "Building Zone Ordinance of the Village of Woodsburgh, Inc."
[Amended 11-27-1989 by L.L. No. 24-1989]
For the purposes of this chapter, the Village
of Woodsburgh is hereby divided into four classes of districts, which
are hereby designated as follows, as shown on the Building Zone Map
which accompanies this chapter and which is hereby declared to be
part of this chapter.[1] The districts designated on said map are hereby established.
The district designations which accompany said Building Zone Map are
hereby declared to be a part thereof.
|
Residence 2A District
|
|
Residence 1A District
|
|
Residence A District
|
|
Residence B District
|
|
Residence C District
|
|
Residence D District
|
[1]
Editor's Note: Said map is on file in the
office of the Village Clerk.
A.
No building or part of a building shall be erected,
altered or used except in conformity with the regulations herein prescribed
for the district in which such building is located. No building or
premises shall be erected, altered or used for any purpose other than
a purpose permitted in the district in which such building or premises
is located, except that nothing in any provision of this chapter shall
prevent the use by the Village of any land in any zone for the erection
of a building or the use by the Village of any building in the discharge
of its municipal functions or the proper care of municipal property,
and in that connection, no building permit or certificate of occupancy
shall be required.
[Amended 7-26-1954]
B.
No permit shall be issued for the erection or alteration
of any building on any plot of which the whole or any part thereof,
as a result of sale, division or segregation, diminishes below the
minimum requirements of this chapter any adjoining plot which has
been improved pursuant to this chapter or any ordinance heretofore
in effect.
C.
No dwelling shall be constructed, erected or altered
in Residence 2A, 1A or A Districts unless the same shall include a
garage to accommodate a minimum of two automobiles, with sufficient
driveway area for the proper ingress and egress of said automobiles.
[Added 11-8-1965; amended 11-27-1989 by L.L. No. 24-1989]
D.
No apartment building, multiple dwelling, hotel or
any other building designed or intended to be used for the permanent
or transient dwelling of more than one family may be hereafter erected
within any building or residence district in the Village.
[Added 4-16-1979 by L.L. No. 6-1979]
E.
No dwelling shall be constructed, erected or altered
in Residence B, C or D Districts unless the same shall include a garage
to accommodate at least one automobile, with sufficient driveway area
for the proper ingress or egress of said automobile or automobiles.
[Added 11-8-1965]
F.
No carports shall be permitted anywhere in the Village.
[Added 11-8-1965]
A.
Words used in the present tense include the future;
the singular number includes the plural; and the plural, the singular.
B.
ACCESSORY BUILDING
ACCESSORY USE
APARTMENT HOUSE
BUILDING
BUILDING AREA
CORNER LOT
CURB LEVEL
FAMILY
FLOOR AREA RATIO
FRONT LINE
FRONT YARD
GARAGE
GRADE, NATURAL
HEIGHT
HEIGHT/SETBACK RATIO
HOUSEKEEPING UNIT
IMPERVIOUS SITE COVERAGE
LOT
NATURAL GRADE
PRIVATE GARAGE
PUBLIC GARAGE
REAR LINE
REAR YARD
SHORT-TERM DWELLING UNIT
(1)
(2)
SIDE YARD
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURE
Certain words in this chapter are defined, for purposes
thereof, as follows:
A building subordinate to the main building and used for
purposes customarily incidental to those of the main building, including
a fallout shelter.
[Amended 1-15-1962]
A use customarily incidental and accessory to the principal
use or building and located on the same lot therewith.
[Amended 1-15-1962]
A building which is either rented, leased, let or hired out
to be occupied or is occupied as the abode, residence or home of three
or more families living independently of each other.
Any structure having a roof, supported by columns or walls
and intended for the shelter, housing or enclosure of people, animals
or chattels.
[Amended 10-21-1968; 5-15-1989 by L.L. No. 16-1989]
The area determined by measuring around the exterior of the
foundation walls or foundation structure of building, and shall include
the floor area of porches, whether enclosed or not.
A parcel of land at the junction of two or more intersecting
streets. All of such street lines shall be considered to be front
property lines of the lot.
[Amended 7-16-2018 by L.L. No. 3-2018]
The elevation of the grade of the street in front of the
lot as established by the village or other municipal authorities or,
if not so established, then the elevation of such grade as it may
actually exist.
Any number of persons related by blood, marriage or legal
adoption and no more than two household servants or any number of
persons who are not so related and no more than two household servants,
all of whom live together in a unit which is the functional and factual
equivalent of a traditional permanent familial unit with the cohesiveness
of a traditional family and which is not a group of transients, boarders
or persons in a temporary living arrangement.
[Amended 5-15-1989 by L.L. No. 16-1989]
The floor area of all buildings on a lot, including accessory
buildings, divided by the total lot area, where the floor area is
calculated for the purposes of this definition as the sum of the horizontal
areas of all floors of the building(s), including interior balconies
and mezzanines, but excluding unenclosed exterior balconies, decks
or porches. All horizontal dimensions of each floor are to be measured
from the exterior faces of the walls of each such floor, including
all enclosed areas. In computing floor area, attic space having a
headroom of less than seven feet, six inches, cellar space and basement
space shall be excluded.
[Added 1-9-2001 by L.L. No. 1-2001]
The dividing line between a lot and the street to which it
is adjacent.
[Added 2-24-2014 by L.L. No. 3-2014]
A yard across the full width of the lot extending from the
front wall of the principal building to the front line of the lot.
On a lot that contains neither an existing principal building nor
a proposed building, the front yard shall extend from the front line
of the lot to a distance equivalent to the minimum front yard setback
required in the applicable zoning district.
[Amended 2-24-2014 by L.L. No. 3-2014]
Includes all garages situated upon the same lot, whatever
may be the number, whether constructed in groups or separate from
one another.
The elevation of the ground surface in its natural state,
before man-made alterations.
[Added 4-25-1991 by L.L. No. 2-1991]
Of a building or structure, the vertical distance to the
highest point of the roof for flat roofs; to the deckline of mansard
roofs; and to the average height between eaves and the ridge for gable,
hip and gambrel roofs, measured from the adjoining natural grade.
In the event of any dispute as to the type of roof on a building,
the Building Inspector shall determine which of the specified roof
types is most closely similar. Notwithstanding any height limit contained
in this chapter, a chimney or radio or television antenna may extend
to a height no more than four feet higher than the adjacent roof height.
[Added 7-25-1988 by L.L. No. 2-1988;
amended 4-25-1991 by L.L. No. 2-1991]
A standard which regulates the height of a building in relation
to the mean grade of the corresponding portion of the lot line from
which it is set back. The ratio forms an inclined plane beginning
at the mean grade along the portion of the lot line from which the
setback is measured and rises toward the building at the specified
ratio. No part of any building, other than minor architectural features
such as chimneys, skylights and dormer windows not covering more than
10% of the entire roof area, shall be permitted to extend above the
inclined plane.
[Added 1-9-2001 by L.L. No. 1-2001]
Any number of persons related by blood, marriage or legal
adoption and no more than two household servants or any number of
persons who are not so related and no more than two household servants,
all of whom live together in a unit which is the functional and factual
equivalent of a traditional permanent familial unit with the cohesiveness
of a traditional family and which is not a group of transients, boarders
or persons in a temporary living arrangement.
[Added 10-21-1968; amended 5-15-1989 by L.L. No. 16-1989]
Those materials that do not permit the natural absorption
and permeation by soils of rain or other surface water, including
but not limited to concrete, asphalt, chemical treatment of soils
or artificial ground covers as may be used in the construction of
roads, pavement, walks, driveways, parking areas, patios and recreation
facilities. Building and accessory use coverage is included in the
calculations of impervious material coverage.
[Added 1-9-2001 by L.L. No. 1-2001]
A parcel of land occupied or designed or intended to be occupied
by one principal building and the permitted accessory buildings or
uses customarily incidental to it, including such open spaces as are
arranged or designed to be used in connection with such building or
use. The term "lot" includes the term "plot." A lot may or may not
be the land shown as a lot on a duly recorded map or tax map. All
adjoining parcels of land now or hereafter in common ownership, regardless
of the nature of the constituent parcels or the date, source or manner
of acquisition, and regardless of the actual usage thereof, shall
be deemed merged into a single lot and shall not be subdivided or
other transferred into separate ownerships without a prior partition
or subdivision approval, or waiver thereof, as required by law.
[Amended 3-25-1996 by L.L. No. 2-1996]
See definition of "grade, natural."
[Added 4-25-1991 by L.L. No. 2-1991]
A building used for the storage of one or more automobiles
owned and used by the owner or tenant of the lot on which it is erected,
for a purpose accessory to the use of the lot.
A building other than a private garage, one or more stories
in height and used for the storage or repair of automobiles.
The boundary line of a lot opposite to the front property
line. A front line shall not be a rear line.
[Added 2-24-2014 by L.L. No. 3-2014]
A yard across the full width of the lot extending from the
rear wall of the principal building to the rear line of the lot. On
a lot that contains neither an existing principal building nor a proposed
building, the rear yard shall extend from the rear line of the lot
to a distance equivalent to the minimum rear yard setback required
in the applicable zoning district.
[Amended 2-24-2014 by L.L. No. 3-2014]
[Added 7-16-2018 by L.L.
No. 2-2018]
A property or dwelling unit occupied for residential use or
habitation, including all single-family and two-family residences,
apartments or other dwelling units, by one or more persons who are
not the owner or a family member of the owner of such property or
unit, and for which rent or other compensation of value is received
by the owner and/or paid by the occupant, directly or indirectly,
in exchange for such occupancy, for a period of less than 90 consecutive
days. The term "short-term dwelling unit" shall not include any lawfully
operating commercial hotel/motel business establishment operating
exclusively for and catering to transient clientele. The presence
of one or more of the following factors shall create a presumption
that a property or dwelling unit is being used as a short-term dwelling
unit:
The foregoing presumption may be rebutted by documentary or
other evidence presented to and satisfactory to the Building Inspector
that the dwelling unit is not a short-term dwelling unit.
A yard extending from the front yard to the rear yard between
the building and the adjacent side line of the lot.
That portion of a building or structure included between
the surface of any floor and the surface of the floor next above it
or, if there is no floor above it, then the space between the surface
of the floor and the top of the ceiling beams next above it. A basement
shall be counted as a story if the ceiling is more than four feet
above the average level of the adjoining finished grade. Each basement
in excess of one shall be counted as a story.
[Added 7-25-1988 by L.L. No. 2-1988]
An uppermost story in which the floor area has a clear height
of at least seven and one-third feet and is 50% or less of the floor
area of the story next beneath it.
[Added 7-25-1988 by L.L. No. 2-1988]
A street shown on the Official Map or plan of the village
or any amendment or modification thereof or any existing state, county,
town or village highway or a street shown upon a plot approved by
the Planning Board as provided by the Village Law of the State of
New York.
[Amended 2-9-1946]
The dividing line between a lot and the street to which it
is adjacent.
[Amended 2-24-2014 by L.L. No. 3-2014]
A combination of materials other than a building to form
a construction that is safe and stable and includes, among other things,
billboards, advertising, signs of any kind, boundary walls and fences.
The term "structure" shall be construed as though followed by the
words "or part thereof."
[Added 10-21-1968]
