Chapter 30

CHAPTER 30

ZONING

ARTICLE I

GENERAL PROVISIONS

§ 30.1 Title

This Chapter shall be known and may be cited as the "Zoning Law of the Village of Mineola, New York".

§ 30.2 Purpose

There is hereby established a Comprehensive Zoning Plan for the Incorporated Village of Mineola, which plan is set forth in the text, maps and schedule that constitute this Chapter. Said plan is adopted for the purposes set forth in sections 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:

A. Protecting the character of the Village as found in the desirability of 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.

B. Providing a guiding pattern of land use and population density that:

1. Represents the most appropriate use of land throughout the Village.

2. Is a normal and beneficial evolution of the comprehensive planning that has guided the development of the Village from its beginnings.

3. Recognizes sound trends in building development and land area design.

4. Takes account of trends of development in the larger community of Nassau County of which the Village is a part.

C. Aiding in bringing about the most beneficial relation between

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the uses of land and buildings and the movement of traffic through and the circulation of traffic with the Village, having particular regard to the avoidance of congestion in the streets in the Village and the provision of safe and convenient traffic access appropriate to the various uses of land and buildings throughout the Village.

D. Aiding in 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.

§ 30.3 Definitions

A. Word Usage.

Words in this Chapter are defined for the purpose thereof, as follows: Words in the present tense include the future; the singular number includes the plural and vice versa; the word "lot" includes "plot," the word "building" includes the word "structure"; a "structure" shall be deemed to be any construction and shall include, among other things, stadiums, tents, trailers (whether movable or stationary), reviewing stands, platforms, stagings, observation towers, radio towers, television towers, gasoline pumps, standpipes, tanks of any kind. outdoor bins, pools, walls, fences, gates, gateposts and display signs; structures shall be construed as though followed by the words "or part thereof"; the word "shall" is always mandatory.

B. Terms Defined.

As used in this Chapter unless the context or subject matter otherwise requires, the following words shall have the following meanings:

ACCESSORY BUILDING ‑ A building subordinate to the main building and used for purposes customarily incidental to those of the main building.

ACCESSORY USE ‑ Any use of a premises which is subordinate customarily incidental to the main use of the premises.

AMUSEMENT DEVICE ‑ A coin‑operated device primarily for the entertainment of the customers, the use of which results in electronic displays and/or operation, or the production of musical

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entertainment.

APARTMENT HOUSE - A building arranged, intended or designed to be occupied by three (3) or more families living independently of each other.

BASEMENT - A story partly underground but having at least one-half (1/2) of its cubical contents above the level of the adjoining ground.

BOARDER, ROOMER, OR LODGER - A person occupying any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation for lodging or board and lodging by pre-arrangement for a week or more at a time to an owner of operator. Any person occupying such room or rooms and paying such compensation without pre-arrangement.

BUILDING AREA - The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.

BUILDING HEIGHT - The vertical distance measured, in the case of flat roofs, from the curb level to the level of the highest point of the roof beams, and, in the case of pitched roofs, from the curb level tot he highest point of the gable. Where no roof beams exist or there are structures wholly or partly above the roof, the height shall be measured from the curb level to the highest point of the building. In case no curb elevation has been established, the height of a building shall be measured from the mean natural level of the ground immediately adjacent to the base of the building.

CELLAR - That portion of a building with half or more of its floor-to-ceiling height below the average level of the adjoining ground. A "cellar" shall not be used or occupied as living or sleeping quarters.

COMMERCIAL VEHICLES - Includes but shall not be limited to any vehicle other than a personal passenger vehicle or surburban* or a motorcycle which is primarily designed, constructed, used or maintained for the transportation of goods, merchandise or other property or for the livery or transport of passengers for hire or compensation, whether on a profit or non-profit basis, or for the

*So in original.

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livery or transport of children to or from school or camp or as the power unit for the hauling of freight or cargo by trailer or semi-trailer or any combination of trailers and semi-trailers or any type of non-motorized trailer unit. Commercial vehicles shall also include but not be limited to buses, ambulettes, delivery vans, taxis and limousines. ["Commercial Vehicles added LL #1, 2001, 2/7/2001.]

CURB LEVEL - The elevation of the curb at a point opposite the center of the proposed building front, provided said curb elevation has been established by the properly authorized authorities.

DECORATIVE OVERHEAD ENCROACHMENT - A non-structural protrusion from any building which extends over a setback or property line.

DEPTH OF LOT - The mean distance from the street line of a lot to the rear line measured in the general direction of the side lines of a lot.

FACADE - The front or chief face of a building.

FAMILY - (1) One or more persons, whether or not related to each other by blood, marriage or adoption, all living together as a single, stable and bona fide housekeeping unit, so long as such persons together occupy and own, lease or rent the whole of a 'separate 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;

(2) Any such number of persons shall not be deemed to constitute a 'family' if (a) any one of such persons may not have lawful access to all parts of the 'separate building' or 'dwelling unit' or (b) if any one or more of such persons lease or rent any separate portion of such 'separate building' or 'dwelling unit' form any other person;

(3) It shall be presumed that a 'separate building' or 'dwelling unit' is occupied by more than one 'family' if any two or more of the following features may be found to exist by the Building Inspector (or other person designated by the Mayor and Board of Trustees to enforce this Chapter): (a) more than one mailbox, mail slot or post office address; (b) more than one doorbell or doorway on the same side of the 'separate building' or 'dwelling unit'; (c) more than one electric meter; (d) more than one gas meter; (3) more than one connecting line for cable TV; (f) separate entrances for

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ZONING § 30.3

segregated portions of the 'separate building' or 'dwelling unit'; (g) partitions or locked doors barring access between segregated portions of the 'separate building' or 'dwelling unit' including bedrooms; (h) separate written or oral leases or rental agreements or the payment of rent for portions of the 'separate building' or 'dwelling unit' among its owner or residents; or (i) two or more kitchens, each of which contain a range or oven, refrigerator and sink, unless it is otherwise proven by evidence presented to the Building Inspector (or other person designated by the Mayor and Board of Trustees to enforce this Chapter) by the owner or resident of the 'separate building' or 'dwelling unit' that it is occupied by one 'family' (all as defined in this section). The presumption provided for in this paragraph shall be rebuttable. Such presumption shall not preclude the Building Inspector (or nay other person designated by the Mayor and Board of Trustees to enforce this Chapter) from making a determination that the 'separate

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ZONING § 30.3

building' or 'dwelling unit' is not occupied by one 'family' based on other facts whether or not listed in this paragraph.

(4) The Building Inspector (or an other person designated the Mayor and Board of Trustees to enforce this Chapter) shall make the primary determination as to the application of this definition of 'family' for the purposes of compliance with any provisions of this Zoning Law 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 documentary or any 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 the determination shall be presumed to be correct and final, subject to review of or appeal to the Zoning Board of Appeals and judicial review as provided by law. [Definition extensively amended by LL #11, 96; 8/14/96.]

FENCE - Any barrier composed of wood, metal, stone, brick or other material which encloses a lot, tract, or parcel of land, either in whole or in part, which barrier shall be in excess of four (5) inches in height above grade.

FLOOR AREA - The sum of gross horizontal areas of the several floors of the building or buildings or a lot measured from the exterior walls or from the center line of party walls separating two (2) buildings, excluding:

a. roof area;

b. cellar areas used only for incidental storage or for the operation and maintenance of the building; and

c. any areas devoted exclusively to accessory off-street parking.

FRONT YARD - Any open, unoccupied space on the same lot and extending from the street wall of the building to the street line of the lot for the full width of the lot.

GARDEN-TYPE APARTMENT - A group of multi-family dwelling on a single plot where no building or group of buildings covers more than twenty-five percent (25%) of the usable land area of said plot.

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HALF STORY - A story under a pitched roof at the top of a building, the floor of which is not more than two (2) feet below the plate.

LEGAL NONCONFORMING USE - Any nonconforming use which, at the time such use was commenced, was maintainable as a matter of right under the statutes, ordinances and laws then in effect in the Village of Mineola.

LOT - Any parcel of ground under one (1) ownership which is occupied or is intended to be occupied by one (1) building and its accessory buildings or uses, and including such open spaces as are required.

LOT LINE - Any boundary of a lot.

MULTIPLE DWELLING - A building, not a single-family dwelling or a two-family dwelling, designed for and occupied exclusively for dwelling purposes.

NONCONFORMING BUILDING OR USE - Any building or structure or the use of any land or building which does not conform to the provisions of this Chapter for the Zoning District in which it is maintained.

PRIVATE GARAGE - A garage, group of garages or garage facilities accessory to a residential building on the same lot and used for the storage of automobiles.

PROPERTY LINE - The dividing line between a public or private street and a lot, or between lots.

[PUBLIC GARAGE - definition deleted, LL #6, 92; 8/12/92.]

REAR YARD - An unoccupied space, except for the accessory buildings on the same lot, and extending from the rear line of the building to the rear line of the lot for the full width of the lot.

REAR YARD DEPTH - The mean distance between the rear line of the building and the rear line of the lot.

SIDE YARD - An open unoccupied space ont he same lot between the building and the side lot line and extending from the front building line to the rear lot line.

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SINGLE-FAMILY DETACHED HOUSE - A building occupied by one (1) family and surrounded on all sides above the ground by space.

STORY - That part of any building comprised between any floor and the floor or roof next above.

STREET WALL - The wall of the building or part of a building which is enclosed and nearest to the street line.

STRUCTURE - Any combination of materials forming any construction, including but not limited to, stadiums, tents, trailers, reviewing stands, platforms, stagings, observation towers, radio towers, television towers, gasoline pumps, standpipes, tanks of any kind, outdoor bins, pools, walls, fences, gates, gateposts and display signs.

TERRACE - An open porch or patio without a permanent roof.

TWO-FAMILY DETACHED HOUSE - A building occupied by only two (2) families, with one (1) family over the other or side by side and surrounded on all sides above the ground by space.

USABLE FLOOR SPACE - Must have at least four (4) feet of clear vertical space above.

§ 30.4 District Designations and Zoning Map

A. Districts.

For the purposes of this Chapter, the Village of Mineola, Nassau County, is hereby divided into ten (10) classes of districts, namely:

R-1 District (One-Family Residential)

R-2 District (One-Family Residential)

R-3 District (Two-Family Residential)

R-4 District (Garden-Type Apartments, Residential)

R-5 District (Apartment Residential)

B-1 District (Business)

B-2 District (Special Business)

B-3 District (Special Office Use)

H District (Hospital)

M District (Light Manufacturing and Industrial)

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B. Zoning Map.

The above districts are hereby established with designations, locations and boundaries thereto indicated on the map entitled "Zoning Map of the Incorporated Village of Mineola" which map, is hereby adopted as a part of this Chapter.

C. District boundaries.

In construing the Zoning Map, the following rules shall apply:

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1. Where district boundaries are indicated as approximately following the boundary lines of the Village or of streets, railroads, parks or parking fields therein, such lines shall be construed to be such boundaries.

2. Where district boundaries are indicated as approximately following lot lines on a filed map and are not more than ten (10) feet distant therefrom, such lot lines shall be construed to be such boundaries.

3. In unsubdivided land or where a district boundary divides a lot in single ownership, the location of such boundary, unless the same is indicated by dimensions shown on the Zoning map, shall be determined by use of the scale appearing on said map.

§ 30.5 Application of Regulations

A. Uses.

No building or structure shall hereafter be erected, and no existing building or structure shall be altered or enlarged, nor shall any land, building or structure be used, for any purpose other than one which is included among the uses listed in § 30.6 as permitted in the district in which such building, structure or land is located, nor in any manner contrary to any of the requirements specified in § 30.6 hereof. All uses must be housed within the principal business premises. Therefore, it shall be unlawful to conduct and carry on any business, whether it be the principal business for which the premises are zoned or incidental thereto, upon the exterior business premises, unless otherwise specifically permitted under this Chapter. [Subd. A. amd. LL #31, 2000, 6/21/2000.]

B. Height.

No building or structure shall hereafter be erected, reconstructed or altered to exceed the height limit designated in the Schedule of Regulations contained in § 30.6 for the district in which such building is located.

C. 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

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space contiguous to any building be encroached upon or reduced in any manner, except in conformity with the yard, lot width and area regulations designated in the annexed 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.

D. Off-street parking and loading.

Off-street parking space and off-street loading space shall be provided as specified in the annexed Schedule of Regulations and in Article VI 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.

E. 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.

F. 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.

G. Prior construction.

Nothing contained in this Chapter shall require any change in the plans, construction or designated use of a building or structure, a substantial portion of the construction of which was lawfully completed at the date this Chapter or any amendment thereof

Supp. #5, 1/29/2001