There is hereby established and adopted, pursuant to Article 7 of the Village Law of the State of New York and for the purposes set forth therein, a Zoning Chapter in accordance with a Comprehensive Plan for the development of the Village of North Haven. This chapter embodies a Comprehensive Plan designed for the protection and promotion of the public health, safety and welfare, which plan is derived from the following basic findings and related development policies.
As a basis for establishing a general policy on development and the regulation thereof, the following findings are relevant:
The Village of North Haven is a functional part of the Town of Southampton. The planning for and regulation of its future development, as set forth in this chapter, recognizes the relationship between the Village and the intercommunity composite of which it is a part. In particular, the plan recognizes the existence of and convenient access to adequate community shopping and cultural facilities in the adjacent areas of the Towns of Southampton and Easthampton as well as the wide variety of housing types permitted and existing in the Town of Southampton and other nearby areas.
In establishing appropriate levels of intensity of land occupancy, consideration is given to the terrain of the Village and the infeasibility of economically providing sanitary sewerage and a public water supply from either the local natural island supply itself, a supplemental supply from the South Fork, desalinization or other sources.
The natural beauty of the Village, with its scenic outlooks over Shelter Island, is recognized in this chapter in order to preserve to the maximum extent possible the unspoiled character of the land.
The existing pattern of development, in accordance with the zoning and land subdivision regulations heretofore applicable, has generally been consistent with the foregoing basic findings. Further regulation and public action should be designed to conserve and protect such development.
Pursuant to the foregoing basic findings, this chapter is designed to achieve an ultimate pattern of Village development which will:
Maintain the existing residential environment by relying on nearby areas outside the Village to supply shopping and cultural opportunities for present and prospective residents.
Establish suitable controls for a density pattern which will minimize the necessity for a public water supply and sewers and which will not create a public hazard in the absence of such public facilities and will not create undue stress on surrounding areas.
Conserve the natural beauty of the terrain by encouraging low-density development, with the permanent preservation of natural features, including the shoreline and adjacent marshlands.
Preserve and protect existing community values by preventing inharmonious or deleterious uses and notably those uses which can more appropriately and economically be provided elsewhere in the larger intercommunity area.
Preserve and enhance historic landmarks, which are desirable because they represent historic, architectural and cultural elements of the Village's history and foster civic pride in its past.
[Added 9-1-1992 by L.L. No. 3-1992]
Pursuant to the foregoing findings and policies, this chapter has the following purposes:
To guide the future growth and development of the Village in accordance with a Comprehensive Plan that represents the most beneficial and convenient relationships among the areas within the Village, considering the suitability of the various uses in each area and the potential for such uses as indicated by existing conditions and having regard for conditions and trends both within the Village and in relation to adjoining areas.
To provide adequate light, air and privacy, to secure safety from fire, flood and other danger and to prevent overcrowding of the land and undue congestion of population.
To protect the character and stability of all parts of the Village and ensure that all development shall be orderly and beneficial.
To protect and conserve the value of buildings in the various districts established by this chapter.
To bring about the gradual conformity of the uses of land and buildings throughout the Village to the Comprehensive Plan set forth in this chapter and to minimize conflicts among the uses of land and buildings.
To promote the most beneficial relation between the uses of land and buildings and the circulation of traffic throughout the Village, having particular regard to the avoidance of congestion in the streets and the provision of safe and convenient traffic access appropriate to the various uses of land and buildings throughout the Village.
To serve as a guide for public policy and action in the efficient provision of public facilities and services and for private building development and other activities relating to uses of land and buildings throughout the Village.
To limit development to an amount commensurate with the capacity of the land and freshwater resources.
To prevent the pollution of waters, ponds and streams and to safeguard water resources and encourage the wise use and sound management of natural resources throughout the Village, in order to preserve the integrity, stability and beauty of the community and the value of the land for residential purposes that are consistent with historic uses of the island.
To limit development in areas subject to flooding, in order to prevent or minimize flood damage to properties.
[Added 8-4-1986 by L.L. No. 7-1986]
Words used in the present tense include the future; the singular number includes the plural, and the plural, the singular; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot" The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used."
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated:
- ACCESSORY USE, BUILDING OR STRUCTURE
- A subordinate use, building or structure customarily incidental
to and located on the same lot occupied by the main use, building
or structure. The term "accessory use, building or structure" shall
include, but is not limited to, a private garage, garden shed, playhouse,
swimming pool, cabana, terrace or deck, private greenhouse, dock and
a tennis, platform tennis, paddle, racquetball or similar game court.
The term "accessory building" shall not include any building used
for sleeping purposes or containing cooking or sanitary facilities.
The term "accessory use" shall not include a heliport, helipad or
the taking off or landing of helicopters or aircraft except in a legitimate
emergency. Any dock shall be limited in use to the owner of the land
on the immediately adjacent foreshore of the offshore area in which
the dock is located, shall be used for no more than two boats and
shall not be used or maintained as a common dock or community dock.[Added 8-4-1986 by L.L. No. 7-1986; amended 9-6-1988 by L.L. No. 3-1988; 5-2-1989 by L.L. No. 2-1989; 5-2-1989 by L.L. No. 3-1989; 10-6-1998 by L.L. No. 3-1998; 12-7-1999 by L.L. No. 6-1999]
- AGRICULTURAL ACTIVITY
- The activity of an active farm including grazing and watering
livestock, irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the construction of new structures associated with agricultural
activities.[Added 11-3-2010 by L.L. No. 4-2010]
- A property owner or agent of a property owner who has filed
an application for a land development activity.[Added 11-3-2010 by L.L. No. 4-2010]
- A story in a building, the floor level of which is below finished grade at any point on the periphery of the building.
- A sign, including the type commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction which is sold, offered or existing elsewhere than upon the same lot where such sign is displayed or only incidentally upon such lot.
- Any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above same as if no building was present. The term "building" shall include the term "structure" as well as the following:
- (1) Signs.
- (2) Fences.
- (3) Walls, other than retaining walls projecting above the ground not more than three feet at the higher ground level and not more than four feet at the lower ground level.
- (4) Radio and television antennas, except for such antennas installed on the roof of a building and extending not more than 15 feet above the highest level of the roof of such building.
- (5) Pergolas, porches, outdoor bins and other similar structures.
- (6) Swimming pools.
- Any space in a building, the structural ceiling level of which is less than four feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street.
- A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.[Added 11-3-2010 by L.L. No. 4-2010]
- Any activity that removes the vegetative surface cover.[Added 11-3-2010 by L.L. No. 4-2010]
- CURB LEVEL
- The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line.
- The deliberate appropriation of property by its owner for
general public use.[Added 11-3-2010 by L.L. No. 4-2010]
- The New York State Department of Environmental Conservation.[Added 11-3-2010 by L.L. No. 4-2010]
- DESIGN MANUAL
- The New York State Stormwater Management Design Manual, most
recent version, including applicable updates, that serves as the official
guide for stormwater management principles, methods and practices.[Added 11-3-2010 by L.L. No. 4-2010]
- A person who undertakes land development activities.[Added 11-3-2010 by L.L. No. 4-2010]
- DWELLING, ONE-FAMILY
- A detached building containing one dwelling unit only.
- DWELLING UNIT
- A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A boardinghouse or rooming house, convalescent home, hotel, motel, inn or lodging, nursing or other similar home or other similar structure shall not be deemed to constitute a dwelling unit.
- EROSION CONTROL MANUAL
- The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control Manual, commonly known as the "Blue
Book."[Added 11-3-2010 by L.L. No. 4-2010]
- (1) Any number of persons related by blood, marriage or legal adoption, occupying a single dwelling unit, living and cooking together as a single, nonprofit housekeeping unit; or
- (2) Any number of persons, not exceeding five, occupying a single dwelling unit, living and cooking together as a single, nonprofit housekeeping unit, where all are not related by blood, marriage or legal adoption; provided, however, that a group of persons unrelated by blood, marriage or legal adoption whose association or relationship is temporary or seasonal in nature rather than of a permanent and distinct domestic character shall not be considered a family, and further provided that persons occupying group quarters, such as a dormitory, a fraternity or sorority house or a seminary, shall not be considered a family.
- (3) Notwithstanding the numerical limitation in subsection (2) of this definition, a group of unrelated persons numbering more than five shall be considered a family if the Board of Appeals shall make a determination in a particular case (after application therefor, payment of a filing fee of $200, public notice and a public hearing) that a particular group is the functional equivalent of a traditional family.
- (a) The Board of Appeals shall not make such a determination unless the Board of Appeals shall find that:
-  The group is one which in theory, size, appearance and structure resembles a traditional family unit.
-  The group is one which will live and cook together as a single, nonprofit housekeeping unit.
-  The association or relationship of the group is of a permanent and distinct domestic character, rather than temporary or seasonal in nature.
-  The group will consist of not more than two persons for each conventional bedroom in the dwelling.
-  Use and occupancy of the dwelling by the group will not conflict with a stable, uncongested single-family environment and will be compatible with the character of the neighborhood in which the dwelling is located.
- (b) Any such determination of the Board of Appeals shall be limited to the status of a particular group as a family and shall not be interpreted as authorizing any other use, occupancy or activity. In making any such determination, the Board of Appeals may impose such conditions and safeguards as the Board of Appeals shall deem necessary or advisable in order to maintain the stability and character of the neighborhood and protect the public health, safety and welfare.
[Amended 4-1-1975 by L.L. No. 1-1975; 3-2-1987 by L.L. No. 2-1987]
- FLOOR AREA, LIVABLE
- The projected area of a building on the ground within the exterior walls, exclusive of garages, heater rooms, unheated porches and breezeways. A split-level house with the principal floor at a different level not exceeding four feet shall be considered a one-story dwelling.
- Excavation or fill of material, including the resulting conditions
thereof.[Added 11-3-2010 by L.L. No. 4-2010]
- GROSS FLOOR AREA
- The sum of the gross area of all floors of a structure measured to the exterior of the outside walls, including all accessory structures except as is otherwise provided in § 163-13.[Added 9-7-2004 by L.L. No. 5-2004]
- The vertical distance measured from the average elevation
of the existing natural grade (before any fill has been or is proposed
to be placed thereon), as established on a plan prepared by a licensed
professional surveyor, at and along the side of the building or structure
fronting the nearest street to the highest point of the highest roof
or, in the case of a structure, to the highest point.[Amended 10-6-1998 by L.L. No. 4-1998]
- HOME OCCUPATION
- Any gainful occupation customarily conducted within a dwelling
by the residents thereof that is clearly secondary to the residential
use and that does not change the character of the structure as a residence.
Said activity shall not occupy more than 1/3 of the ground floor area
of the dwelling or its equivalent elsewhere in the dwelling if so
used, and further provided that there shall be no external evidence
other than an announcement sign, and in no event shall there be any
equipment used in connection with said occupation which is capable
of emanating noise outside the structure. However, home occupations
shall not be construed to include such uses as the following: a clinic
or hospital, barbershop or beauty parlor, restaurant, breeding kennel
or antique dealer.[Added 8-4-1986 by L.L. No. 7-1986]
- IMPERVIOUS COVER
- Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).[Added 11-3-2010 by L.L. No. 4-2010]
- INDUSTRIAL STORMWATER PERMIT
- A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.[Added 11-3-2010 by L.L. No. 4-2010]
- The process of percolating stormwater into the subsoil.[Added 11-3-2010 by L.L. No. 4-2010]
- JURISDICTIONAL WETLAND
- An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."[Added 11-3-2010 by L.L. No. 4-2010]
- LAND DEVELOPMENT ACTIVITY
- Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.[Added 11-3-2010 by L.L. No. 4-2010]
- LANDMARK, HISTORIC
- A site or building that has notable historical association or artistic qualities and is so designated by the Board of Trustees, pursuant to § 163-63.1.[Added 9-1-1992 by L.L. No. 3-1992]
- The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.[Added 11-3-2010 by L.L. No. 4-2010]
- A parcel of land which is occupied or capable of being occupied by one residence structure and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter.
- LOT CLEARING
- Any action which would change, remove, interfere with or
otherwise destroy natural vegetation from its existing natural state,
except that the selective removal of the following plant species without
removal, interference with or destruction of other vegetation shall
not constitute an action within this description or definition:[Added 7-3-1990 by L.L. No. 3-1990]
- LOT, CORNER
- A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°.
- LOT DEPTH
- The minimum distance from the street line of a lot to the rear lot line of such lot.
- LOT LINE
- Any boundary of a lot other than a street line.
- LOT LINE, FRONT
- The lot line generally along the street right-of-way bordering
a lot, except that in the case of a flag-shaped lot, the front lot
line shall be any one of the internal lot lines designated by the
owner.[Added 4-3-1990 by L.L. No. 1-1990]
- LOT LINE, REAR
- The lot line generally opposite to the street line. In the
case of flag lots, the rear lot line shall be that internal lot line
generally opposite to the front lot line.[Amended 4-3-1990 by L.L. No. 1-1990]
- LOT WIDTH
- The mean distance between side lot lines measured at right angles to a line parallel to the average direction of the side lot lines.
- MAINTENANCE AGREEMENT
- A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.[Added 11-3-2010 by L.L. No. 4-2010]
- NONCONFORMING BUILDING OR USE
- A building or use that does not conform to the regulations prescribed for the district in which it is situated.
- NONPOINT SOURCE POLLUTION
- Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, construction, subsurface
disposal and urban runoff sources.[Added 11-3-2010 by L.L. No. 4-2010]
- Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.[Added 11-3-2010 by L.L. No. 4-2010]
- POLLUTANT OF CONCERN
- Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.[Added 11-3-2010 by L.L. No. 4-2010]
- Land development activity.[Added 11-3-2010 by L.L. No. 4-2010]
- The replenishment of underground water reserves.[Added 11-3-2010 by L.L. No. 4-2010]
- SEDIMENT CONTROL
- Measures that prevent eroded sediment from leaving the site.[Added 11-3-2010 by L.L. No. 4-2010]
- SENSITIVE AREAS
- Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, or habitats for threatened,
endangered or special-concern species.[Added 11-3-2010 by L.L. No. 4-2010]
- Any letter, word, model, banner, pennant, insignia, trade flag, device or representation used as, or which is in the nature of, an advertisement, attraction or directive.
- SIGN AREA
- Includes all faces of a sign measured as follows:
- (1) When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included.
- (2) When such sign consists only of letters, designs or figures which are engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists may be inscribed.
- SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
- A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.[Added 11-3-2010 by L.L. No. 4-2010]
- SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
- A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.[Added 11-3-2010 by L.L. No. 4-2010]
- The use of practices that prevent exposed soil from eroding.[Added 11-3-2010 by L.L. No. 4-2010]
- STOP-WORK ORDER
- An order issued which requires that all construction activity
on a site be stopped.[Added 11-3-2010 by L.L. No. 4-2010]
- Rainwater, surface runoff, snowmelt and drainage.[Added 11-3-2010 by L.L. No. 4-2010]
- STORMWATER HOTSPOT
- A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.[Added 11-3-2010 by L.L. No. 4-2010]
- STORMWATER MANAGEMENT
- The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.[Added 11-3-2010 by L.L. No. 4-2010]
- STORMWATER MANAGEMENT FACILITY
- One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.[Added 11-3-2010 by L.L. No. 4-2010]
- STORMWATER MANAGEMENT OFFICER
- An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices.[Added 11-3-2010 by L.L. No. 4-2010]
- STORMWATER MANAGEMENT PRACTICES (SMPs)
- Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.[Added 11-3-2010 by L.L. No. 4-2010]
- STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
- A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.[Added 11-3-2010 by L.L. No. 4-2010]
- STORMWATER RUNOFF
- Flow on the surface of the ground, resulting from precipitation.[Added 11-3-2010 by L.L. No. 4-2010]
- That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor, or, if there is no higher finished floor, then that part of the building comprised between the level on the highest finished floor and the top of the roof beams.
- STORY, HALF
- Any space partially within the roof framing where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more.
- A street shown on the Official Map of the Village of North Haven and improved to the satisfaction of the Planning Board.
- STREET LINE
- The dividing line between a lot and a street.
- STRUCTURAL ALTERATION
- Any change in the supporting members of a building.
- SURFACE WATERS OF THE STATE OF NEW YORK
- Stony Brook Harbor, lakes, bays, the Long Island Sound, ponds,
impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries,
marshes, inlets or canals, within the territorial seas of the State
of New York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons, which
also meet the criteria of this definition are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.[Added 11-3-2010 by L.L. No. 4-2010]
- Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle, and equipped to be used for living or sleeping quarters or so as to permit cooking. The term "trailer" shall include vehicles if mounted on temporary or permanent foundations with the wheels removed.
- The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
- A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.[Added 11-3-2010 by L.L. No. 4-2010]
- A channel that directs surface runoff to a watercourse or
to the public storm drain.[Added 11-3-2010 by L.L. No. 4-2010]
- YARD, FRONT
- An open, unoccupied space on the same lot with a building, situated between the nearest roofed portion of the principal building and the front lot line of the lot and extending from side lot line to side lot line in the case of interior lots. Corner lots shall have two such front yards situated between said nearest roofed portion of the principal building and the front lot line along each street.
- YARD, REAR
- A space on the same lot with a building, situated between the nearest roofed portion of the principal building or buildings and the rear lot line of the lot and extending from side lot line to side lot line.
- YARD, SIDE
- A space on the same lot with a building, situated between the nearest roofed portion of the principal building or buildings and the side lot line of the lot and extending from the front yard, or from the front lot line where no front yard exists, to the rear yard, or the rear lot line where no rear yard exists.
For the purpose of this chapter, the Village of North Haven is hereby divided into two one-family residential districts as follows:
[Amended 5-2-1989 by L.L. No. 3-1989]
The boundaries of said district classes are hereby established as shown on the Zoning Map, Village of North Haven, dated July 5, 1983, revised as of August 25, 1988, September 13, 1988, and January 26, 1989, to add offshore and inland tidal zoning boundaries, which accompanies and which, with all explanatory matter thereon, is hereby adopted and made a part of this chapter.
In determining the boundaries of districts shown on the Map, the following rules shall apply:
Unless otherwise shown, the district boundaries shall be construed to coincide with the center lines of streets and waterways or such lines extended.
Offshore and tidal areas shall be deemed to be zoned within the same district as adjacent land areas. Unless otherwise classified herein or shown on the Zoning Map, which is incorporated herein by reference, the extent of said offshore and inland tidal area zoning shall be as follows:
[Amended 9-6-1988 by L.L. No. 3-1988; 5-2-1989 by L.L. No. 2-1989; 5-2-1989 by L.L. No. 3-1989]
Offshore zoning shall be for a distance of 750 feet extending offshore from the mean high-water mark in the Noyac Bay, Shelter Island Sound, Sag Harbor Bay and Sag Harbor Cove, unless a different distance is indicated on the Zoning Map.
Inland tidal area zoning shall include the entirety of Genet Creek, Anderson's Creek, Johnson's Creek, Fresh Pond Creek, Great Pond Creek and Polles Creek, as shown on the Zoning Map.
Unless otherwise shown, all district boundaries running parallel to streets shall be construed to be 200 feet back therefrom.
In all cases where a district boundary divides a lot in one ownership of record and more than 50% of the area of such lot lies in the less restricted district, the regulations prescribed by this chapter for the less restricted district shall apply to such portion of the more restricted portion of said lot which lies within 50 feet of such district boundary.
[Amended 4-1-1975 by L.L. No. 1-1975]
In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line.
In all other cases where dimensions are not shown on the Map, the location of boundaries shown on the Map shall be determined by the use of the scale appearing thereon.
Following the effective date of this chapter:
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 or in any manner except in conformity with all regulations, requirements and/or restrictions specified in this chapter for the district in which such building or land is located.
No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.
No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.
Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with existing law, a permit for which shall have been duly issued and the construction of which shall have been started before the effective date of this chapter or any applicable amendment thereto and the ground-story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall have been completed in accordance with such plans as have been filed within one year from the date of passage of this chapter.
No building shall be erected and no building permit shall be issued for a building where such building or its sanitary system is either within the area of an existing water surface, either standing or recurrent, or a marsh, bog, swamp, or area of high-water table which cannot be naturally built upon without excessive fill, as may be determined by the Planning Board, or tidal or freshwater wetlands as is defined under either 6 NYCRR Part 661.4 (hh) of New York Environmental Conservation Law § 24-0107.
[Added 12-5-2006 by L.L. No. 4-2006]