The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
for the following supplementary regulations.
[Amended 6-16-1960]
If any plot on which a building has been erected
shall be subdivided into two or more plots in such a manner that the
resulting plot on which such building remains does not comply with
the minimum area requirement for plots in that district, the right
of the owner thereof maintaining such building on such plot shall
immediately cease, and he shall remove the same on order of the Village
Building Inspector.
On a corner lot in any Residential District,
no fence, wall, hedge or other structure or planting more than 3 1/2
feet in height from the street level shall be erected, placed, or
maintained within 15 feet of the street lines.
Bay windows, including their cornices and eaves,
may project into any required yard not more than two feet; provided,
however, that the sum of such projection on any wall does not exceed
1/3 the length of said wall.
Open fire escapes may extend into any required
yard not more than four feet six inches.
Where a Residential District is bounded by a
portion of a Business District, any side street extending through
such Residential District into such Business District shall not be
used for any business purpose except as herein set forth. The business
structure erected in said Business District shall face and open upon
the street set aside for business purposes, except that a show window
in such business structure may be built and exposed upon said side
street within the area set aside as a part of such Business District
and an entrance may be made at the corner of such business and residential
street, and all other entrances thereto must face on the business
street, except that entrances may be made from such residential street
to the upper stories of such business structure.
Where a lot in a Business District abuts a lot
in a Residential District, there shall be provided along such abutting
line a yard equal in width or depth to that required in the Residential
District. Such yard need not be in excess of 10 feet.
No permit shall be issued for a use which is
prohibited or which is permitted or not expressly prohibited in an
amendment of this chapter which has already been published until such
amendment has been either defeated or adopted. In the event it is
defeated, then if the use is permitted by the old provisions, a permit
shall be issued therefor, if the applicant has complied with all the
codes and other Village requirements. If the use is prohibited by
an adopted local law, then no permit shall be issued.
When the Board of Appeals grants a special permit referred to in Article
XIV hereof, then it shall be guided in its determination and discretion by the same standard set out in said Article
XIV.
[Amended 7-21-1960; by L.L.
No. 4-1984; 5-21-2009 by L.L. No. 2-2009]
A. Fences, hedges, walls or other property line demarcation
shall be erected or maintained from the property line fronting on
a street to the front house line no more than four feet in height
and from the front house line to the rear property line of the property
no more than six feet in height. The fencing erected or maintained
across the rear property line of residentially zoned property backing
onto commercially or business zoned property shall be no more than
eight feet in height and upon the approval of the Chief Building Inspector.
[Amended 3-20-2014 by L.L. No. 1-2014]
B. Plantings of evergreens shall be continuously cared
for and maintained alive, and any other type of fence shall be maintained
in good and sound condition. Evergreen screens or fences shall adhere
to all height requirements stated in this chapter. Decorative or landscape
plantings, shrubs, evergreens, deciduous plantings and similar plants
which are not designed or intended as fencing are permitted in any
yard and are excepted from the height provisions of this article,
provided that such plantings do not obstruct traffic or driveway access,
are maintained and kept at a safe and aesthetically pleasing height
and are not detrimental to adjoining properties.
C. The Superintendent of Public Works, Building Inspector
and Board of Trustees may impose more restrictive standards for aesthetic
or safety purposes than are required by this article in connection
with any matter reviewed by such officers or Board.
D. Any fence
in any district shall have its most pleasant or decorative side facing
the adjacent lot, with all posts being in the applicant's yard unless
such posts are an integral part of the decorative design of the fence.
The pleasant or decorative side of a fence may face an applicant's
yard where such fence will be adjacent to a preexisting opaque fence
or screening on the adjoining property of the same height or higher.
E. All fences
that are erected on private property, whether a new or replacement
fence (or any part thereof), require a permit. Commercial properties
will be subjected to rules and regulations set by the Board of Trustees,
Zoning Board of Appeals and Building Inspector. The fee for any fence
permit will be as set from time to time by the Village Board of Trustees.
F. All fencing
installed in the front yard, from the property line fronting on a
street to the front house line, is to be no more than four feet in
height, and be of the type of construction that allows for 50% visibility.
(Example: picket or chain-link fencing.)
[Added 6-16-2016 by L.L.
No. 9-2016]
G. Fees.
Building permit filing fees, building permit approval fees and certificate
of completion fees shall be as set from time to time by the Board
of Trustees.
[Added 6-16-2016 by L.L.
No. 9-2016]
[Amended 8-16-1962; 8-15-2013 by L.L. No. 5-2013; 12-22-2016 by L.L. No. 27-2016; 5-18-2017 by L.L. No. 8-2017;
by L.L. No. 11-2018]
A. No person
shall erect any dwelling within the Village of Island Park having
a first-floor elevation less than two feet above the base flood elevation
as determined from the FEMA FIRM Map 2009.
B. When constructing
a structure with a first floor above base flood elevation +2'0", all
exterior walls of any such dwelling below base flood elevation +2'0"
on any building plot, the grade of which is not wholly above the elevation
of the base flood elevation +2'0", shall be of monolithic construction
without window openings.
C. When constructing
a structure with a first floor no higher than base flood elevation
+2'0", all exterior walls of any such dwelling below base flood elevation
+2'0" on any building plot, the grade of which is not wholly above
the elevation of base flood elevation +2'0", shall be permitted to
be built to FEMA V-Zone construction standards (piers, posts, piles,
columns, or parallel shear walls). All such walls and floors below
the elevation of base flood elevation +2'0" will meet the FEMA flood
mitigation requirements and be finished with a material approved by
the Building Department.
D. Unfinished
exterior concrete walls are prohibited. Furthermore, the exterior
façade facing the street must be finished with a coating including
but not limited to siding, shingles, stucco and veneer. Said coating
must be approved by the Building Inspector. The exterior sides and
rear of the structure must, at a minimum, be painted so that no bare
concrete is exposed.
[Added 6-18-1964]
In all Residential A Districts, paving material
of any kind, except for walks and parking strips when required and
when authorized by the Building Department, is prohibited on any front,
side or rear yards fronting on a street.
[Added 2-21-2019 by L.L. No. 2-2019]
A. Legislative intent. The Village Board has recognized that several
states, in addition to permitting the distribution of medical marijuana,
have also permitted the distribution of marijuana for recreational
purposes. The Village Board also recognizes that the legalization
of marijuana in New York is a subject of current discussion and community
forums organized by the state, and that the New York State Commissioner
of Health has recommended that the recreational use of marijuana be
considered for legalization in New York. The Village Board has found
that Village residents are greatly concerned about the retail sale
of marijuana in the Village if it should become legal in New York.
Accordingly, it is the intent of the Village Board to prohibit the
retail sale, distribution or offer of consumption of marijuana in
all Village use districts.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
MARIJUANA
Shall have the same definition ascribed to "marijuana" in
§ 3302 of the New York Public Health Law.
MARIJUANA PRODUCT
Marijuana and/or any material, substance or other thing derived
(in any manner) from marijuana or which contains marijuana as a component
part in any amount or concentration.
MARIJUANA RETAIL STORE
A building, structure or premises engaged in the sale, use
or distribution of marijuana and/or marijuana products for nonmedical
use. A building, structure or premises shall be considered a marijuana
retail store regardless of whether products in addition to marijuana
products are offered for sale, use or distribution at the building,
structure or premises and regardless of the amount of marijuana or
marijuana products available for sale, use or distribution at the
building, structure or premises in comparison to other products offered
for sale, use or distribution at the building, structure or premises.
MEDICAL MARIJUANA
Shall have the same definition ascribed to "medical marihuana"
in § 3360 of the New York Public Health Law.
MEDICAL MARIJUANA DISPENSARY
A building, structure or premises authorized by the New York
State Department of Health to dispense or distribute medical marijuana
in accordance with Article 33 of the Public Health Law and Part 1004
of Title 10 of the New York Codes, Rules and Regulations.
C. Prohibitions.
(1)
No building, structure or premises approved or used as a medical
marijuana dispensary pursuant to Article 33 of the New York Public
Health Law may be used as a marijuana retail store.
(2)
No building, structure or premises within any use district in
the Village of Island Park may be used for the sale, distribution
or offer for consumption of marijuana or marijuana products in a retail
setting or environment for nonmedical use. The sale, distribution
or offer for consumption of marijuana and/or marijuana products as
prohibited in this section shall be prohibited regardless of whether
products in addition to marijuana products are offered for sale, distribution
or consumption at the building, structure or premises and regardless
of the amount of marijuana or marijuana products available for sale,
distribution or offer for consumption at the building, structure or
premises in comparison to other products offered for sale, use or
consumption at the building, structure or premises.
D. Enforceability. If any clause, sentence, paragraph, subdivision,
or part of this section or the application thereof to any person or
circumstance shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivision,
or part of this section or in its application to the person or circumstance
directly involved in the controversy in which such judgment or order
shall be rendered.