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

 

§ 30.2                           MUNICIPAL CODE

 

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

 

                            ZONING                      § 30.5

 

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.

Supp. #6, 1/3/2002

§ 30.3                             MUNICIPAL CODE

 

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

 

Supp. #6, 1/3/2002

                            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

 

 

 

 

 

 

 

 

 

 

 

 

                     [Next page is 30.5.]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supp. #6, 1/3/2002

                            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.

 

 

Supp. #2, 8/1/97

§ 30.3                              MUNICIPAL CODE

 

  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.

Supp. #2, 8/1/97

                           ZONING                       § 30.4

 

  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)

 

 

Supp. #2, 8/1/97

§ 30.4                              MUNICIPAL CODE

 

  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:

 

 

 

 

 

 

 

 

 

 

                      [Next page is 30.7]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supp. #2, 8/1/97

                         ZONING                           § 30.5

 

  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

 

Supp. #5, 1/29/2001

§ 30.5                              MUNICIPAL CODE

 

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

                            ZONING                      § 30.5

 

affecting the same takes effect and which construction is completed within one (1) year after such date.

 

  H.  Prohibited uses.

 

  Any use which is not specifically permitted under this Article shall be a prohibited use.

 

 

 

 

 

 

 

 

                     [Next page is 30.9.]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supp. #5, 1/29/2001

                            ZONING                      § 30.6

 

§ 30.6  Schedule of Regulations

 

  The schedule entitled "Schedule of Regulations" and designated as a part of this Section is hereby adopted and declared to be a part of this Chapter and may be amended in the same manner as any other part of this Chapter. The regulations listed in said schedule for each district are hereby adopted and prescribed for such district, subject to the provisions of Articles VI through IX and, unless otherwise indicated, said regulations shall be deemed to be the minimum requirements in every instance of their application. The use, off‑street and applicable site plan regulations, are set forth herein below.

 

 

References:

 

  Adult book stores; confining to Industrial district is constitutional. Town of Islip v Caviglia,     141 AD2d 148, affd 73 NY2d 544.

  Age discrimination in zoning. Maldini v Ambro, 36 NY2d 482.

  Airport; private; recreational use. Mtr. Haas Hill Prop Owners Assn. v Zoning Board of Appeals,      202 AD2d 895.

  Amendments, compliance with comprehensive plan. Udell v Haas, 21 NY2d 463.

  Amendments, state law requirements. Vil L § 7-706; summary notice of adoption. Vil L § 7-706(5).     Tn of Clifton Park v C.P. Enterprises, 45 AD2d 96.

  Article 78 proceeding. Vil L § 7-712-c.

  Article 78 proceedings; statute of limitation. Kennedy v ZBA. Vil of Croton-on-Hudson, 78 NY2d   1083.

  Automatic reversion of zoning change if developer does not commence project is not proper   legislative act. Op St Compt 71-898.

  Building Inspector is a public officer. Haller v Carlson, 42 AD2d 829(21)

  Building permit; invalid, revocation. Mtr of Midas Muffler v City of Albany, 186 AD2d 856.

  Change of Zone. Donovan v Town of Oyster Bay, 137 AD2d 652; affd 72 NY2d 804.

  Comprehensive plan. Vil L §§ 7-704, 7-722. Albright v Tn of Manlius, 34 AD2d 419, mod 28 NY2d 108.   Slavish adherence not required. Tn of Bedford v Vil of Mt. Kisco, 33 NY2d 178, 188. See also   DePopas v Barraud, 38 AD2d 597, affd 33 NY2d 672; Tilles Inv Co. v Town of Huntington, 74 NY2d     885.

  Consent requirements. Bashant v Walter, 78 Misc2d 64, 68.

  Constitutionality attack on zoning law. Mtr. of Kransteuber v Scheyer, 176 AD2d 724, affd 80 NY2d    783.

  Development rights; transfer of. Vil L § 7-701.

  Ecological considerations. Mtr of Nattin Realty v Ludewig, 67 Misc2d 828.

  Enforcement. Mtr of Saks v Petosa, 184 AD2d 512.

  Exemption from zoning law. Westhab, Inc. v Elmsford, 151 Misc2d 1071.

      drug treatment facilities. Town of Oyster Bay v Syessets Concern, 79 NY2d 916.

      public utilities. Mtr of Cellular Tel. Co. v Rosenberg, 82 NY2d 364.

  Family, definition.  See City of White Plains v Ferraioli, 35 NY2d 300, 306, as to interpretation    of "family"; Mental Hygiene Law § 41.34(f) as to community residence and family care homes. As   to group homes, see Group Homes v Bd of Zoning, 45 NY2d 266, 408 NYS2d 377, 380 NE2d 207;       Genesis v Zoning Board, City of Mt. Vernon, 152 Misc2d 997.

  Federal immunity.  Breeze v Town of Bethlehem, 151 Misc2d 230.

  Immunity; failure to raise issue. S.A.B. Enterprises v Athens, 164 AD2d 558, 562.

  Immunity of municipality. Mtr County of Monroe, 72 NY2d 338, 343.

  Interpretation of zoning law. Chrysler Realty Corp v Orneck, 196 AD2d 631.

  Incentive zoning. Vil L § 7-703.

  Jury trial. Defendant charged with violation of zoning ordinance is not entitled to. People v   Wayman, 82 Misc2d 959.

 

 

 

 

 

 

§ 30.21                  MUNICIPAL CODE

 

                          ARTICLE  II

 

                    RESIDENTIAL DISTRICTS*

 

§ 30.21  R‑1 Districts (one‑family residential)

 

  In R‑1 Districts, no building or premises shall be used, and no building shall be erected or altered, for other than a single-family detached dwelling and accessory structures and uses as provided in Article VII of this Chapter.

 

§ 30.22  R‑2 Districts (one‑family residential)

 

  In R‑2 Districts no building or premises shall be used, and no building shall be erected or altered for other than one (1) or more of the following uses:

 

  Any use permitted in R‑1 Districts.

 

§ 30.23  R‑3 Districts (two‑family residential)

 

  A.  Permitted uses.

 

  In R‑3 Districts no building or premises shall be used, and no building shall be erected or altered for other than one (1) or more of the following uses:

 

  1.  Any use permitted in R‑2 Districts.

 

  2.  Two‑family detached dwellings.

 

§ 30.24  R‑4 Districts (garden‑type apartments, residential)

 

  A.  Permitted uses.

 

  In R‑4 Districts, no building or premises shall be used and no building shall be erected or altered, for other than one (1) of the following uses:

 

  1.  Any use permitted in R‑3 District.

 

  2.  A group of multi‑family dwellings in a single lot subject to

 

*See Schedule of Regulations made a part of this Chapter by § 30.6 hereof as to area, height, density, off‑street parking, etc. requirements at end of this Chapter.

 

 

                            ZONING                      § 30.25

 

the following conditions:

 

    a.  Buildings shall be so grouped that each building shall face for the full length of its front facade either upon an existing street, or upon an open space which in its least dimensions shall not be less than seventy-five (75) feet.  Where the rear elevations of the principal buildings are built parallel to each other or within thirty degrees (30°)of parallel, the average distance between their long dimension shall be not less than sixty (60) feet.  Each building, whether principal or accessory, shall be at least thirty (30) feet distant from any other building in the group, which distance shall be measured in a straight line between the points of the buildings which are nearest each other.

 

    b.    No basement, garage or cellar shall be occupied as living or sleeping quarters.

 

§ 30.25  R-5 district (apartment residential)

 

  A.  Permitted uses. 

 

  In R-5 Districts, no building or premises shall be used, and no building shall be erected or altered, for other than one (1) or more of the following uses:

 

  1.  Any use permitted in R-3 Districts.

 

  2.  A group of attached one-family or two-family dwellings with party walls, provided it includes not more than six (6) family units.

 

  3.  Multiple dwellings relative to which the maximum density shall be fifteen (15) units per acre.

 

 

 

 

 

 

 

 

Supp. #5, 1/29/2001

§ 30.31                  MUNICIPAL CODE

 

                          ARTICLE III

 

                      BUSINESS DISTRICTS

 

§ 30.31  B-1 Districts (business)

 

  A.  Permitted uses.

 

  The following are permitted uses in the B-1 district:

 

  1.  Retail stores for the sale of personal property.

 

  2.  Plumbing shops.

 

  3. Barbershops and hairdressing and beauty parlors.

 

  4.  Retail printing and copying shops.

 

  5.  Shoe-repairing shops. [Amd. LL #3, 99, 10/6/99 by deleting "laundromats".]

 

  6.  A dry cleaning establishment incidental to the conduct of a retail tailoring business conducted on the premises.

 

  7.  Garden centers and nurseries, including the outdoor storage and display of trees, shrubs, plants, garden supplies (other than fertilizer and chemicals) and garden furniture and equipment.  [Added LL #2, 93, 5/19/93.]

 

  8.  Accessory uses.

 

      a.          Accessory uses and structures as provided in Article VII of this Chapter.

 

      b.    Accessory uses shall also include the incidental repair and servicing of any product the sale of which is a permitted use, provided that such repair and servicing uses shall be performed within the confines of the interior business premises utilized for the principal use.  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 specially permitted under this Chapter.  [¶ 8 amd. LL # 32, 2000, 6/21/2000.]

Supp. #5, 1/29/2001

                            ZONING                   § 30.31

 

  9.    Office Buildings. [¶ 9 added LL #3, 2001, 2/21/2001.]

 

  B.  Special uses.*    

 

  A building may be erected, altered or used for any purpose set forth in this Subdivision only when authorized by the Board of Trustees as a special use after a public hearing conducted by the Board of Trustees and for no other:

 

  1.  Restaurants.  [Amd. LL #5, 97, 7/25/97; LL #3, 99, 10/6/99.]

 

  2.  Taverns, bar and grills, discotheques and places of public assembly. [Amd. LL #5, 97, 7/25/97; LL #3, 99, 10/6/99.]

 

  3.  Drive-in restaurant or other drive-in establishments which

 

 

 

 

 

 

 

 

                     [Next page is 30.13.]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*See also § 30.67(C) as to gasoline/diesel service stations.

 

Supp. #6, 1/3/2002

 

                            ZONING                      § 30.32

 

provide or make available any facility (including but not limited to parking or standing space on the premises for vehicles) for or permits the consumption of food or drink on the premises outside the building or structure occupied.  [Amd. LL #5, 97, 7/25/97; LL #3, 99, 10/6/99.]

 

  4.  Delicatessens, carry-out food establishments, any premises which prepares or stores food.  [Amd. LL #5, 97, 7/25/97; LL #3, 99, 10/6/99.]

 

  5.  Churches, hotels, motels, banks, funeral parlors, theatres, public schools, private schools and libraries. ["Office buildings" deleted from this paragraph,LL #1, 95, 1/18/95; amd. LL #3, 99, 10/6/99 by adding "office buildings"; amd. LL #3, 2001, 2/21/2001, by deleting "office buildings".]

 

  6.  Sales,  service, warehousing,  repairing, storing, preparation and/or inspection of vehicles and motor vehicles subject to § 30.69.

 

  7.  Catering halls. [Amd. LL #5, 97, 7/25/97; LL #3, 99, 10/6/99.]

 

  8.  Clinics, veterinary facilities.

 

  9.  Post offices.

 

 10.  Laundromats, commercial laundries and businesses which consume substantial amounts of water. [¶ 10 added,LL#3, 99, 10/6/99.]

 

  C.  Accessory uses and structures.

 

  Accessory uses and structures as provided in Article VII of this Chapter.

 

  [Subsequent construction.  Repealed LL #6, 91, 5/1/91.]

 

§ 30.32  B-2 Districts (special business)

 

  A.  No building or premises shall be used and no building shall be erected or altered for other than one or more of the following uses:

 

  1.  Any use permitted in B-1 district.

Supp. #6, 1/3/2002

§ 30.32                  MUNICIPAL CODE

 

  2.  Office buildings.

 

  3.  Multiple dwellings.

 

  4.  Accessory uses or structures as provided in Article VII of this Chapter.

 

  B.  Side-street entrance.

 

  There shall be no entrance to any building from a side street, except that such entrance may be permitted to apartment houses and to dwelling units.

 

  C.  Apartment building facing restricted.

 

  In this district, no apartment building shall face Washington, Jefferson, Jackson, Lincoln, Grant, Garfield, Cleveland or Harrison Avenues.

 

  D.  Mixed use.

 

  In any multiple dwelling structure raised, erected or altered there may be a floor area of not more than one thousand (1,000) square feet on the ground floor devoted to office use.  All such office use area shall face the main business street.  No signs shall be permitted, except the usual professional-type sign, and that shall be facing the main building street.

 

§ 30.33  B-3 Districts (special office use)

 

  A.  Permitted uses.

 

  No building or premises shall be used, and no building shall be erected or altered for any use other than one (1) or more of the following:

 

  1. Office buildings.

 

  2.    Banks.

 

  3.    Brokerage houses.

 

  4.    Accessory uses and structures as provided in Article VII of this Chapter.

 

Supp. #6, 1/3/2002

                            ZONING                   § 30.33

 

  B.  Special uses.

 

  A building may be erected, altered or used for any purpose set forth in this Subdivision only when authorized by the Board of Trustees as a special use after a public hearing conducted by the Board of Trustees and for no other:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                     [Next page is 30.15.]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supp. #4, 12/31/99

 

                            ZONING                      § 30.33

 

  1. Restaurants, other than drive‑in restaurants, to be located upon non-residentially zoned property. [Amd. LL #4, 97, 7/25/98.]

 

  2.  Taverns, bars and grills, discotheques and places of public

assembly, to be located upon non-residentially zoned property. [Amd. LL #4, 97, 7/25/97.]

 

  3.  Drive‑in restaurants or other drive‑in establishments which provide or make available any facility (including but not limited to parking or standing space on the premises for vehicles) for or permits the consumption of food or drink on the premises outside the building or structure occupied,to be located upon non-residentially zoned property. [Amd. LL #4, 97, 7/25/97.]

 

  4.  Delicatessens, carry‑out food establishments, any premises which prepares or stores food, to be located upon non-residentially zoned property. [Amd. LL #4, 97, 7/25/97.]

 

  5.  Churches, hotels, motels, funeral parlors, theatres, public schools, private schools and libraries.

 

  6. Sales, service, warehousing, repairing, storing, preparation and/or inspection of motor vehicles.

 

  7. Catering halls, to be located upon non-residentially zoned property. [Amd. LL #4, 97, 7/25/97.]

 

  8. Clinics, veterinary facilities.

 

  9.    Post offices.

 

  10. Retail stores for the sale of personal property.

 

  11. Plumbing shops.

 

  12. Barbershops and hairdressing and beauty parlors.

 

  13. Retail printing and copying shops.

 

  14. Shoe‑repairing shops and laundromats.

 

  15. A dry cleaning establishment incidental to the conduct of a retail tailoring business conducted on the premises. [Amd. LL #10, 1988.]

 

 

Supp. #3, 11/3/98

 

§ 30.41                  MUNICIPAL CODE

 

                          ARTICLE IV

 

                       SPECIAL DISTRICTS

 

§ 30.41  Hospital district

 

  A. Permitted uses.

 

  In a Hospital District no building or premises shall be used and no building shall be erected or altered for other than one (1) of the following uses:

 

  1.    Public or private hospital, whether for profit or not for profit.

 

  2. Accessory uses customarily incidental to the operation of a hospital, as listed in Paragraph 1 above.

 

 

 

 

                           ARTICLE V

 

            MANUFACTURING AND INDUSTRIAL DISTRICTS

 

§ 30.51  M Districts (manufacturing and industrial)

 

  A.  Permitted uses.

 

  1. Any use permitted in a B‑1 or B‑2 District may be permitted in an M District and, in addition, any of the following uses.

 

  2.  Manufacture of the following, provided basic materials are not processed on the premises:

 

    a. Clothing.

 

    b.    Electrical appliances.

 

    c. Leather goods.

 

    d. Machinery parts and accessories, such as bolts, nuts, screws, washers, gears, etc. No power forges are permitted to be used on the premises.

 

 

Supp. #3, 11/3/98

 

                            ZONING                   § 30.51

 

    e. Small tools. No power forges are permitted to be used on the premises.

 

  3.    Cleaning or dyeing establishment.

 

  4.    Bottling works, except where combustible materials are involved.

 

  5. Warehouse, cold‑storage plant.

 

  B. Accessory uses and structures.

 

  Accessory uses and structures customarily restricted to the permitted uses enumerated above and as provided in Article VII of this Chapter.

 

C.          The following adult uses shall be allowable in an M District.

 

  1.  Purposes and considerations.

 

      a.  In the execution of this local law it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics.  The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas.  Special regulations of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.

 

      b.    It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Incorporated Village of Mineola.

 

      c. These special regulations are itemized in this local law to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.

 

2.          Definitions.  As used in this local law, the following terms        shall have the meanings indicated:

 

          ADULT BOOKSTORE - An establishment having as a

 

Supp. #1, 8/1/96

 

§ 30.51                  MUNICIPAL CODE

 

          substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

 

          ADULT DRIVE-IN-THEATER- A drive-in theater that customarily presents motion pictures that are not open to the public generally but excludes any minor by reason of age.

 

          ADULT ENTERTAINMENT CABARET - A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainments, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

 

          ADULT MOTEL - A motel which is not open to the public generally but excludes minors by reason of age, or which make available to is patrons in their rooms, films, slide sows or videotapes, which if presented in a public movie theater would not be open to the public generally but would exclude any minor by reason of age.

 

          ADULT THEATER - A theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally but excludes any minor by reason of age.

 

          MESSAGE ESTABLISHMENT - Any establishment having a fixed place of business where massages are administered for pay including, but not limited to, massage parlors, sauna baths and steam baths.  This definition shall not be constructed* to include a hospital, nursing home or medical clinic or other office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders.  This definition also shall exclude health clubs which have facilities for physical exercise rooms, and which do not receive their primary source of revenue through the administration of massages.

 

*So in original.

Supp. #1, 8/1/96

                            ZONING                      § 30.51

 

      PEEP SHOWS ‑ A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes minors by reason of age.

 

  3. The adult uses as defined in Subsection 2 above are to be restricted as to location in the following manner in addition to any other requirements of this Code:

 

    a. Any of the above uses shall not be located within a two-hundred-foot radius of any area zoned for residential use.

 

    b. Any of the above uses shall not be located within a one‑half‑mile radius of another such use.

 

    c.    Any of the above uses shall not be located within a five‑hundred foot radius of any school, church or other place of religious worship, park, playground or playing field.

 

  4.  The restrictions enumerated in Subsection 3 above may be waived by the Board of Trustees of the Village if the applicant shows and the Board finds that the following conditions have been met:

 

    a.    That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit or intent of this local law will be observed;

 

    b.    That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential; and

 

    c.    That fifty‑one percent (51%) percent* or more of the property owners within the restricted area as defined in Subsection C(1) of this section have signed a petition stating that they have no objection to the establishment of one of the uses defined above.

 

  5.    No more than one (1) of the adult uses as defined above shall be located on any lot.

*So in original.

Supp. #1, 8/1/96

 

 

§ 30.51               MUNICIPAL CODE

 

  6.    By amortization, the right to maintain a legal non-conforming adult use shall terminate in accordance with the following schedule:

 

  Amount of Capital Invest‑      Date Before Which Use

  ment as of the Effective       Shall Terminate

  Date of this Local Law

 

        0  to   10,000           June 1, 1994

   10,001  to   25,000           June 1, 1995

   25,001  to   50,000           June 1, 1996

   50,001  to  100,000           June 1, 1997

  100,001  or     more           June 1, 1998

 

  NOTE: The term "capital investment", as used above, is defined to mean the initial outlay by the owner or operator of the use to establish the business as of the date of the enactment of the local law, exclusive of the fair market value of the structure in which the use is located. [Subd. C added LL #2, 96, 2/28/96.]

 

                          ARTICLE VI

 

                   SUPPLEMENTARY REGULATIONS

 

§ 30.61  Fences and buffers

 

  A.    Permit required.

 

  No fence or wall may be erected without a building permit issued by the Enforcement Officer.

 

  B.    Residential districts.

 

1.           In residential districts, a fence, not exceeding six (6) feet in height, shall be permitted on the rear lot line and along those linear portions of the side lot lines enclosing rear yard provided, however, that the six (6) foot fencing and its relationship to the street fronting upon the premises shall not exceed a greater distance frontward to the street than the rear building line of adjacent dwellings on either side. For purposes of interpretation, a rear building line shall refer only to the principal structure on a lot and shall not include patios, porches or other extensions thereto. Fencing for all other lot lines shall not exceed four (4) feet in height, shall be of open construction and shall in no case extend nearer to the street than the front line of the dwelling. On corner lots, no rear yard fence shall extend nearer the street than the side line of the dwelling. [Amd. LL #1, 88; 2/24/88.]

Supp. #1, 8/1/96

                            ZONING                      § 30.61

 

  2.  Hedges and shrubs shall be permitted to extend to the property line, but where extending nearer the street than the line of the dwelling on the property, they shall not exceed three (3) feet in height. Where no dwelling exists on said property, any hedge or shrub extending nearer the street than the average set back line of the block shall not exceed three (3) feet in height. In no event shall hedges or shrubs encroach beyond the property line so as to interfere with public walkways.

 

  3.  Where the property abuts on any land zoned business or manufacturing, a fence along such abutting line may be erected to a height not to exceed seven (7) feet.

 

  4.  In no event shall any fence or buffer be permissible which fence and/or buffer interferes with sight lines of traffic.

 

  C.  Non‑residential districts.

 

  1. Where a non‑residential lot abuts a residential district to the rear of the lot, an appropriately landscaped and screened buffer of no less than ten percent (10%) of the lot depth shall be created along such abutting line.

 

  2. Where a non‑residential lot abuts a residential district to the side of the lot, an appropriately landscaped and screened buffer of no less than five (5) feet shall be created along such abutting line.

 

  3. Fences shall be chain link and shall be six (6) feet in height. When bordering a residential district, a chain link fence shall be additionally composed of redwood or treated wood slats.

 

  D.  General requirements.

 

  1.  The following materials shall be prohibited in the construction or maintenance of fencing: barbed wire, razor wire, electrified material and any material intending to cause injury to a person making contact with same. However, barbed wire may be permitted in the M District when approved by the Board of Trustees after application for same. [Amd. LL #2, 92; 4/29/92.]

 

  2. No gate, when in an open position, shall obstruct a public walkway.

 

  3.  Fence facing.

                     [Next page is 30.19.]

Supp. #1, 8/1/96

                            ZONING                      § 30.62

 

  The decorative side of all fences shall face away from the lot or parcel enclosed.

 

§ 30.62  Encroachments

 

  A.  One‑ and two‑family residences.

 

  Encroachments into required yards are hereby permitted in residential districts as provided in this Section only:

 

  1.  Cornices, eaves and gutters projecting not more than twenty‑four (24) inches, chimneys or bay windows not more than six (6) feet in length and projecting not more than twenty‑four (24) inches.

 

  2.  One‑story open porches and terraces projecting not more than six (6) feet into a minimum front yard.

 

  3.  One‑story enclosed vestibule not greater than six (6) feet in width and five (5) feet in depth, extending into a minimum front yard.

 

  4. One‑story open or enclosed vestibule not greater than four (4) feet in width and five (5) feet in depth, extending no more than four (4) feet into a minimum side yard.

 

  5. In any case where the Zoning Board of Appeals has diminished a required yard by a variance, none of the foregoing encroachments shall be permitted in such diminished yard.

 

  B. All other districts.

 

  A decorative overhead encroachment into a front yard or over a front property line shall be permitted subject to the following conditions:

 

  1. The encroachment shall not extend more than one (1) foot beyond the setback or property line as applicable.

 

  2.    An open space of at least seven (7) feet in height shall be maintained between the bottom of the encroachment and the ground.

 

  3. The encroachment shall be severable from the building and shall not be composed of structural elements thereof.

 

 

§ 30.63                  MUNICIPAL CODE

 

§ 30.63  Parking spaces

 

  A.  Special Use.

 

  In addition to the uses permitted and provided for in the respective districts established by this Chapter, the Board of Trustees may grant a special use permit to establish and maintain public or private parking spaces on any lot or parcel of land in any use district.

 

  B. Application required.

 

  Such special use for public or private parking of automobiles or other vehicles shall not be authorized or permitted except upon a written application made to the Board of Trustees by the owner of the lot or parcel of land upon which such use is applied for, which application shall state:

 

  1. The name of the owner, and whether such land is occupied by the owner or by a lessee or other occupant of said lot or parcel.

 

  2.  A general statement of the location of the property, and of the classification of the district in which such lot or parcel is located, and a description of the lot or parcel by metes and bounds.

 

  3.  A statement of whether the applicant intends to use such lot or parcel for the purpose of parking automobiles or other vehicles, for hire or rental, or whether the applicant intends to restrict the parking privileges on such lot or parcel to a particular group or classification of persons.

 

  C. Municipal parking fields.

 

  In cases of proposed establishment of municipal parking fields, the Board of Trustees may proceed upon its own motion, but in so proceeding shall comply with the provisions of this Chapter relating to the filing of a statement of ownership, description and location of the lot or parcel proposed to be used as a municipal parking field, filing plans and specifications for adaptation of said parcel for such use, and the holding of a public hearing, as herein provided.

 

D.          Applications to be filed with the Village Clerk.

 

 

                            ZONING                      § 30.63

 

  All applications and statements required to be made under this Section shall be filed in the office of the Village Clerk and shall be open to public inspection during the hours when the office of the Village Clerk is open for business.

 

  E. Public hearings required.

 

  A public hearing shall be held upon all applications to establish one or more privately owned parking spaces, or a municipal parking field, upon the same notice and subject to the same conditions and provisions contained in the Village Law applicable to amending, supplementing, changing, modifying or repealing zoning regulations, restrictions and boundaries.

 

  F. Map to be submitted with application.

 

  In addition to the foregoing, the applicant shall submit and file with the Village Clerk upon such application a map of the proposed parking space(s), showing full particulars of entrances, exits, fences, barriers (if any), construction work and roadways to be constructed and maintained in and upon such parking space(s), which map shall also show the streets adjacent thereto.

 

  G. Issuance of permit and/or revocation of same.

 

  Upon the hearing the Board of Trustees may, in the reasonable exercise of its discretion, grant or refuse such application; and if such application be granted, shall issue a permit for the construction, maintenance and operation of such parking field, for a term not exceeding one (1) year. In the event that such parking field is not constructed and maintained within reasonably substantial compliance with the plans and specifications filed, the Board of Trustees may, upon its own motion and upon notice to the owner of such land, the proprietor of said parking field (if such proprietor be not the owner), and after due hearing revoke such special permit. In the event of such revocation, the owner of such parking space, and the occupant of such parcel of land (if the occupant be not the owner), shall forthwith discontinue and all other persons shall forthwith cease using such parcel of land for the parking of automobiles or other vehicles, and any continuation of parking automobiles or other vehicles on such parcel of land shall be deemed a violation of this Chapter.

 

  H.  Exception.

 

Supp. 33, 11/3/98

 

§ 30.63                  MUNICIPAL CODE

 

  This Article shall not apply to the parking of automobiles, trailers, or other vehicles placed or kept inside garages.

 

  I.  Public notice of renewal applications not required.

 

  Nothing herein contained shall require the publication of a notice of further hearings in cases where applications for renewal of special permits granted hereunder shall have fully complied with all the provisions hereinbefore stated.

 

§ 30.64  Required parking

 

  A.  Parking requirements for each district shall be as listed in the annexed Schedule of Regulations, and shall otherwise conform to the provisions of this Article. Parking spaces for one family and for two‑family dwellings may be provided in the driveway portion of the front, side, and rear yards, or by garage. No more than twenty‑five percent (25%) of the front yard square footage of any residential lot, including driveway, may be paved and used for  parking.

 

  B. The parking requirements set forth in this Article may be provided off the premises on a separate lot where such separate lot is in common ownership with the lot on which the use is located provided that:

 

  1. The separate lot is within 300 feet of the lot on which the use is located.

 

  2. The separate lot is in the same zoning district as the lot on which the use is located.

 

  C.  In each instance of a residential cooperative or condominium, each unit, whether owned or leased, shall be assigned at least one  (1) parking space for which no fee shall be charged.

 

  D.  Notwithstanding any provision contained in this chapter to the contrary, including Section 60.63, the parking required for a restaurant, tavern, bar and grill, discotheque, place of public assembly, drive-in restaurant, delicatessen, carry-out food establishment, catering hall or any premise which prepares, sells, or stores food, may not be located upon any lot or property which is zoned for residential use. [Amd. LL #6, 97, 7/25/97.]

 

 

Supp. #3, 11/3/98

 

                            ZONING                      § 30.65   

 

§ 30.65  Dimensions and improvement of parking spaces

 

  Each parking space shall be paved in accordance with the Village Specification Code and shall have minimum dimensions of nine by twenty (9 x 20) feet with driveways of sufficient width to afford accessibility to each parking space. All parking areas shall have sufficient self‑contained drainage, adequate means of ingress and egress, asphalt paving and proper lighting.

 

 

 

 

 

 

 

 

 

                     [Next page is 30.23.]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supp. #3m, 11/3/98

 

                            ZONING                   § 30.67

 

§ 30.66  Off‑street loading and unloading

 

  A. B Districts.

 

  In any B District, provision shall be made for off‑street loading and unloading areas. All such areas shall be located in the side or rear yard, but not within fifteen (15) feet of the side or rear lot line of the premises and shall be constructed so as not to interfere with the flow of traffic in the streets.

 

  B.  Hospital and M Districts.

 

  In the Hospital District and M Districts, provision shall be made on the premises for off‑street loading and unloading in a location that will not interfere with accessory parking, means of ingress and egress thereto, and the flow of traffic on the streets.

 

  C. Dimensions of off‑street loading and unloading spaces.

 

  Each space devoted to loading and unloading pursuant to this Section shall be at least fifteen (15) feet in width, twenty‑five (25) feet in length and fifteen (15) feet in clear height for each ten thousand (10,000) square feet or part thereof of floor area.

 

  D.  Setback for loading dock and doors.

 

  No loading dock or set of doors exceeding five (5) feet in width shall be nearer the street on which they front than twenty (20) feet.

 

§ 30.67  Gasoline/Diesel Service Stations and Motor Vehicle

         Repair Shops

 

  A.  Definitions.

 

  In addition to the definitions in this Chapter, the following special definitions are applicable to this Section. In the event of conflict, the following definitions shall be controlling:

 

  CLOSED GASOLINE/DIESEL SERVICE STATION: A gasoline service station not open for normal business operation for a period of thirty (30) consecutive days without Board of Trustees' approval upon written application.

 

  DISCONTINUED GASOLINE/DIESEL SERVICE STATION:

 

 

§ 30.67              MUNICIPAL CODE

 

  1. A gasoline service station, as defined in this Section and permitted by the Board of Trustees after the effective date of this Section, which has become closed and which, after closing, has been adjudicated by the Board of Trustees to have been discontinued pursuant to the provisions of § 30.93 of this Chapter;

 

  2. An existing gasoline service station or battery and tire service station approved prior to the effective date of this Section as a special use by the Board of Trustees which has become closed, and which, after closing, has been adjudicated by the Board of Trustees to have been discontinued pursuant to the provisions of § 30.93 of this Chapter;

 

  3. An existing gasoline service station or battery and tire service station in existence at the original effective date of the Zoning Ordinance from which this Chapter is derived and continuing thereafter as a nonconforming use which has become closed, and which, after closing, has been adjudicated by the Board of Trustees to have been discontinued pursuant to the provisions of § 30.93 of this Chapter.

 

  CORNER SITE: A site at the intersection or junction of two (2) or more streets, or of a street and lane which is not less than twenty (20) feet in width.

 

  GASOLINE SERVICE STATION: An establishment in which the principal activity is the storage and retail sale of gasoline, oil, grease and other petroleum products related to the servicing of motor vehicles.

 

  MAJOR REPAIRS: Major repairs permissible at a gasoline/diesel service station, including those normally accessory and incidental to the day‑to‑day operations of motor vehicles, but shall not include body and fender repair, collision work or painting.

 

  MINOR REPAIRS: Minor repairs permissible at a gasoline/diesel service station, including those normally accessory and incidental to the day‑to‑day operation of motor vehicles and to the principal activity performed upon the premises.

 

  MOTOR VEHICLE REPAIR SHOP: An establishment in which the principal activity is the performance of major repairs or minor repairs, excluding body and fender repair, collision work or painting.

 

 

                            ZONING                   § 30.67

 

  B.  Conflicts with other regulations.

 

  In the event of a conflict between the provisions of this Section and other provisions of this Chapter, the provisions of this Section shall control.

 

  C. New gasoline/diesel service stations.

 

  1.  Where permitted. New gasoline/diesel service stations and motor vehicle repair shops may be permitted in the B‑1 District and the M District when approved as a special use by the Board of Trustees after public hearing.

 

  2. Permitted special uses. Upon approval of the Board of Trustees of a gasoline/diesel service station or motor vehicle repair shop, a building or structure may be erected, altered or used and a lot or parcel may be used for any of the following purposes, and for no other:

 

    a. A gasoline/diesel service station and accessory structures and appurtenances such as gasoline pumps and storage tanks.

 

    b.    Major repairs when performed within the principal building. Major repairs which are performed upon the premises but outside the principal building shall require a special permit of the Board of Trustees after public hearing.

 

    c.    Minor repairs.

 

    d. Parking and storage areas as specified in this Article.

 

    e.    Signs as specified in this Article.

 

    f.    Display of merchandise as specified in this Article.

 

    g.    Retail sale of products other than gasoline, oil, grease and other petroleum products related to the servicing of motor vehicles when specifically permitted by the Board of Trustees.

 

  3.  Prohibited Uses. The following uses shall be prohibited in all gasoline/diesel service stations and motor vehicle repair shops:

 

 

§ 30.67               MUNICIPAL CODE

 

    a.    Major repairs, except those performed within the principal building.

 

    b.    Outdoor stationary lifts and pits.

 

    c.    Vending machines, except those within the principal building or within four (4) feet from an exterior wall of the principal building where a special use permit has been granted by the Board of Trustees after public hearing.

 

d.  Sale, lease, rental, storage or display of new or used

   motor vehicles.

 

    e.    Commercial parking, except when permitted by special use permit of the Board of Trustees after public hearing.

 

    f.    The storage of motor vehicles for a period in excess of  seventy‑two (72) hours unless the motor vehicle is enclosed in the principal building or the storage of vehicles incapable of self‑propulsion out of doors at any time.

 

    g.    Displays of merchandise outside the principal building except for small sample displays at the pump islands of new tires, lubricating oils, additives, waxes, polishes, windshield wiper blades and similar small items.

 

    h.    Any repairs to motor vehicles performed off the premises.

 

  4.  Regulations.

 

    a.    Area and bulk. No gasoline/diesel service station shall be erected or operated except in compliance with the following requirements:

 

    (1) Lot area. The lot area shall be not less than fifteen thousand (15,000) square feet.

 

    (2) Street frontage. The lot shall have a frontage of not less than one hundred fifty (150) feet on a street. In the case of a corner site, the minimum street frontage shall be one hundred fifty (150) feet on one (1) street and one hundred (100) feet on another street.

 

 

 

                            ZONING                      § 30.67

 

    (3) Building area. The building area shall not exceed thirty percent (30%) of the lot area.

 

    (4) Gasoline pumps. The number of permitted gasoline dispensing pumps shall be determined on the basis of the requirements of one thousand five hundred (1,500) square feet of lot area per pump subject to a maximum of sixteen (16) feet in height as measured from the average finished grade abutting said building, structure or equipment.

 

    (5) Height. No building, structure, pump or other equipment shall exceed eighteen (18) feet in height as measured for the average finished grade abutting said building structure or equipment.

 

    (6) Depth. The lot shall have a depth of not less than one hundred (100) feet.

 

    b.    Yards and setbacks. No gasoline/diesel service station or motor vehicle repair shop shall be erected or operated except in compliance with the following requirements:

 

    (1) Front setback. All buildings and structures except gasoline pumps shall be set back at least forty (40) feet from all street property lines.

 

    (2) Side and rear yard. There shall be a minimum setback of all buildings and structures of twenty (20) feet from any residential property measured from the use district separation line. There shall be a minimum setback of all buildings and structures of ten (10) feet from any side or rear property line abutting property in the Business District or other less restrictive district.

 

    (3) Location of gasoline pumps. All gasoline pumps and islands shall be located at least twenty‑five (25) feet from any street property line and at least twenty‑five (25) feet from any side line or rear property line.

 

    c.    Amenities and design. No gasoline/diesel service station or motor vehicle repair shop shall be erected or operated except in compliance with the following requirements:

 

(1)     Paving. All open spaces shall be composed of a permanent surface of concrete or asphalt.

 

 

 

§ 30.67                  MUNICIPAL CODE

 

    (2) Curbs. Street curbs shall be installed adjoining street. A raised curb of at least six (6) inches in height shall be erected along all street property lines except for driveway openings.

 

    (3) Sidewalks.  All sidewalk areas shall be paved with concrete.

 

    (4) Distance between gasoline pumps. The maximum distance between two (2) pumps on an island shall be ten (10) feet.

 

    (5) Intrusion into required area. No building or structure, gasoline pump, pump island, service island, sign, pole or parking area shall be located within a required front, side or rear yard.

 

    (6) Trash. No trash shall be kept or stored in any open spaces.

 

    (7) Exterior lighting. Exterior lighting shall be so installed that the surface of the source of light shall not be visible from any bedroom window and shall be so arranged as far as practical to reflect light away from any residential use.

 

    d. Circulation and safety. No gasoline/diesel service station or motor vehicle repair shop shall be erected or operated except in compliance with the following requirements:

 

    (1) Interior circulation. All buildings and structures, including gasoline pumps and islands, interior curbs and anything which will obstruct the passage of a vehicle, shall be so located as to provide adequate area for maneuvering vehicles in the service area and proper visibility.

 

    (2) Access driveways. The width, location and alignment of an entrance or exit driveway should permit a vehicle entering the station to turn out of the nearest lane of traffic without interfering with other traffic movement. A vehicle leaving a station should be able to turn into the nearest lane of traffic moving in the direction desired and be channeled within that lane before crossing

 

 

 

                              

 

                              ZONING                    § 30.67

 

      an intersection or proceeding on the street. The driveway itself must be constructed so as to prevent its being widened through usage. The maximum width of a driveway shall be forty (40) feet as measured along the street curbline and thirty (30) feet at the property line. No driveway or curb cut for a driveway shall be located within ten (10) feet of an adjoining property line as extended to the curb or pavement or within twenty (20) feet of any exterior (corner) lot line as extended. Any two (2) driveways giving access to a single street shall be separated by an island with a minimum dimension of twenty (20) feet to both the street property line and the curb or edge of the pavement. The angle of intersection of the center line of any driveway with the center line of the street should not be less than sixty degrees (60°).

 

    e. Operation and supervision.

 

    (1) Gasoline/diesel service stations and motor vehicle repair shops shall be supervised by the owner or employee of the owner of said service station at all times when the station is open for operation.

 

    (2) The installation and use of coin‑operated or self-service operated gasoline‑dispensing pumps is prohibited. Gasoline‑dispensing pumps may only be operated by the owner or qualified employees of the gasoline/diesel service station.

 

    (3) All new gasoline/diesel service stations which perform minor repairs shall provide an air compressor capable of inflating automobile tires, at no charge to the user thereof. The air compressor and hoses necessary for the inflation of tires shall be kept in good repair and shall be available to motorists at all times the gasoline/ diesel service station is open for business.

 

  5.   Additional requirements for special use permit.

 

  In addition to the other requirements of this Chapter, the application for a special use permit for a new gasoline/diesel service station or motor vehicle repair shop, shall show the following:

 

 

 

 

 

§ 30.67             MUNICIPAL CODE

 

    a.    The locations, names and existing widths of adjacent streets and curblines.

 

    b.    A statement that no gasoline/diesel service station, motor vehicle repair shop or existing gasoline service station or battery and tire service station is located within a radius of one thousand (1,000) feet, as measured by airline distance from the nearest points of lot boundaries.

 

    c. A radius map, drawn to scale, showing all gasoline/diesel service stations, motor vehicle repair shops or existing gasoline service stations or battery and tire service stations within airline distance of one thousand five hundred (1,500) feet between the nearest points of lot boundaries.

 

    d. A copy of existing deed restrictions or covenants applying to the premises.

 

    e. Existing zoning.

 

    f. Existing structures and utilities.

 

    g.    The location of all signs.

 

    h.    The text of any proposed easements, deed restrictions or covenants.

 

    i.   Any contemplated public improvements on or adjoining the  property.

 

    j.    Any proposed new grades, indicating clearly how such grades will meet existing grades of adjacent properties or the street.

 

    k.    A boundary survey.

 

  D.    Existing gasoline/diesel service stations.

 

  1.    All existing gasoline/diesel service stations and motor vehicle repair shops may be continued as provided in this Section and not otherwise.

 

2.         All accessory uses on the premises of an existing gasoline/

 

 

 

                            ZONING                      § 30.67

 

diesel service station or motor vehicle repair shop which are not permitted as accessory uses pursuant to this Chapter shall be permitted to remain in existence for five (5) years from the effective date of this Section and shall be removed thereafter, unless a special use permit shall be granted by the Board of Trustees after public hearing.

 

  3.    A special use permit shall be issued for the alteration of an existing gasoline/diesel service station or motor vehicle repair shop, its premises, building or appurtenances or for the enlargement of any existing use after Board of Trustees approval and following a public hearing in accordance with this Chapter and the laws of the Village of Mineola. In such case, the Board of Trustees may impose safeguards and conditions as it may deem appropriate, necessary or desirable to promote the spirit and objectives of this Chapter, including, but not being limited to, covenants and agreements in recordable form and running with the land.

 

  4.    If, for a continuous period of six (6) months, an existing gasoline/diesel service station or motor vehicle repair shop has been closed and if within one (1) month subsequent thereto the buildings and appurtenances shall not have become used for a conforming use, then the Board of Trustees on its own motion or upon petition of an owner of property within two hundred (200) feet of such premises may proceed to order the removal of all of the structures and appurtenances on said premises at the owner's own sole cost and expense. Such order to remove shall be made only after notice and public hearing and upon a determination by the Board of Trustees upon the conclusion of such public hearing that such closed gasoline/diesel service station or motor vehicle repair shop is a blight upon adjoining and surrounding properties. In arriving at the determination that such service station or repair shop is a blight as aforesaid, the Board of Trustees shall consider whether such removal will promote the purpose of securing community safety from fire, crime and other dangers, of promoting and preserving the value of the land and buildings within the Village and of encouraging the most appropriate use of land throughout the Village.

 

  5.    Permitted Uses. An existing gasoline/diesel service station may be maintained for any of the following purposes, and for no other:

 

 

 

 

 

§ 30.67          MUNICIPAL CODE

 

    a.    A gasoline/diesel service station and accessory structures and appurtenances such as gasoline pumps and storage tanks.

 

    b.    Major repairs when performed within the principal building. Major repairs which are performed upon the premises but outside the principal building shall require a special use permit of the Board of Trustees after public hearing.

 

    c.    Minor repairs performed upon the premises.

 

    d. Parking and storage areas as specified in this Article.

 

    e.    Signs as specified in this Article.

 

    f.    Display of merchandise as specified in this Article.

 

    g.    Retail sale of products other than gasoline, oil, grease and other petroleum products related to the servicing of motor vehicles when specifically permitted by special use permit of the Board of Trustees.

 

  6.    Prohibited Uses. The following uses shall be prohibited in all existing gasoline/diesel service stations:

 

    a.    Major repairs, except those performed within the principal building.

 

    b.    Outdoor stationary lifts and pits.

 

    c.    Vending machines, except those within the principal building or within four (4) feet of an exterior wall of the principal building where a special use permit has been granted by the Board of Trustees after public hearing.

 

    d.    Sale, lease, rental, storage or display of new or used motor vehicles.

 

    e.    Commercial parking, except when permitted by special use permit of the Board of Trustees after public hearing.

 

    f.    The storage of motor vehicles for a period in excess of seventy‑two (72) hours unless the motor vehicle is

 

 

 

 

                            ZONING                      § 30.67

 

        enclosed in the principal building or the storage of vehicles incapable of self‑propulsion out‑of‑doors at any time.

 

    g.    Displays of merchandise outside the principal building except for small sample displays at the pump islands of new tires, lubricating oils, additives, waxes, polishes, windshield wiper blades and similar small items.

 

    h.    Any repairs to motor vehicles performed off the premises.

 

  7.    Additional requirements. All existing gasoline/diesel service stations shall operate in compliance with the following requirements:

 

    a.    Sidewalks. All sidewalk areas shall be paved with concrete.

 

    b.    Trash. No trash shall be kept or stored in any open spaces.

 

    c.    Exterior lighting. Exterior lighting shall be so installed that the surface of the source of light shall not be visible from any bedroom window and shall be so arranged as far as practical to reflect light away from any residential use.

 

    d.    Interior circulation. All buildings and structures, including gasoline pumps and islands, interior curbs and anything which will obstruct the passage of a vehicle, shall be so located as to provide adequate service area and proper visibility.

 

    e.    Gasoline service stations shall be supervised by the owner or employee of the owner of such service station at all times when the station is open for operation.

 

    f.    The installation and use of coin‑operated or self‑service operated gasoline‑dispensing pumps is prohibited. Gasoline‑dispensing pumps may only be operated by the owner or qualified employees of the gasoline service station.

 

    g.    All existing gasoline/diesel service stations which perform major or minor repairs shall provide an air

 

 

 

 

§ 30.67                  MUNICIPAL CODE

 

        compressor capable of inflating automobile tires, at no charge to the user thereof. The air compressor and hoses necessary for the inflation of tires shall be kept in good repair and shall be available to motorists at all times the gasoline service station is open for business.

 

    h. The removal of underground tanks at existing gasoline/ diesel service stations for replacement with tanks constructed of corrosion‑resistant materials, provided that such removal and replacement will not result in an increase of storage volume, shall not require a public hearing. Inspections, fees and permits therefor shall all be governed in the same manner as new underground tank installations.

 

§ 30.68  Fees for commercial parking permits

 

  Each application for a special use permit permitting the parking of a commercial vehicle on the premises shall be accompanied by a fee as established by Resolution of the Board of Trustees. Such permit shall be valid for one (1) year from the date of issuance. An annual renewal fee per vehicle shall be required as established by Resolution of the Board of Trustees.

 

§ 30.69  Outdoor display and sale of new and used vehicles

 

  A.    Special use permit required.

 

  No property shall be used for a parking space or field for the display, sale or rental of new or used vehicles or motor vehicles until a special use permit has been granted by the Board of Trustees of the Village of Mineola permitting said use upon the property.

 

  B.    Uses granted only after public hearing.

 

  Such permission shall be granted by the Board of Trustees only after a public hearing upon due notice pursuant to this Chapter and the other provisions of the Village of Mineola Municipal Code.

 

  C.    Application to be submitted.

 

  Each application shall be made in writing by the owner of the    lot or parcel of land upon which such use is applied for and each application shall state:

 

 

                            ZONING                   § 30.69

 

  1.    The name of the owner and whether such land is to be occupied and used by the owner, lessee or other occupant.

 

  2.    General statement of the location of the property and of the classification of the district in which such lot or parcel is located.

 

  3.    A survey showing the boundary of such parcel together with the size of such parcel by metes and bounds.

 

  4.    A suitable drawing showing any buildings upon such property or to be erected thereon, and/or other structures.

 

  5.    A description of the surfacing of such property and any and all entrances and exits to such property.

 

  D.    Minimum lot size.

 

  No special use permit shall be issued for any lot or parcel smaller than one hundred (100) feet in length and one hundred (100) feet in width and having a total area of less than ten thousand (10,000) square feet.

 

  E.    Building required.

 

  No special use permit shall be issued unless there is upon the property, or to be erected upon the property, a building containing at least four hundred (400) square feet of floor space on the ground floor and conforming to all the provisions of the Village of Mineola Municipal Code.

 

  F.    Repair work to be done inside building.

 

  On any lot or parcel used for the sale and display of new or used motor vehicles, no repair work shall be permitted except such repair work as may be done inside of any building on such lot or parcel.

 

  G.    Lot to be paved.

 

  Any lot or parcel used for the sale or display of new or used vehicles shall be paved with either asphalt or concrete finish for a distance of forty (40) feet from any street abutting the lot or parcel.

 

 

 

 

§ 30.70          MUNICIPAL CODE

 

§ 30.70  Setback to be observed for road widening or improvement

         purposes

 

  Wherever the State, County, Village or other municipal corporation has established a setback line for road widening or other public improvement purposes, then, in that event, no building shall extend beyond such setback line established by such authority.

 

  [Setback on Washington Ave, north side repealed. LL #7, 91, 5/1/91.]

 

 

 

References:

 

  Moratorium for four years is ultra vires and void. Lake Illyria Corp v Tn of Gardiner, 43 AD2d       386. Cf Noghrey v Acampora, 152 AD2d 660(10).

  Permit illegally issued may be revoked.  People v Hacker, 75 Misc2d 610.

  Phased development law; validity. Albany Bldrs v Clifton Park, 172 AD2d 54.

  Public utilities; standards for granting variances. Cellular Tel. Co. v Rosenberg, 153 Misc2d 302;   affd. 82 NY2d 364.

  Regional considerations.  Court must consider needs of region as to whether a balanced and orderly   plan is provided. Berenson v Tn of New Castle, 38 NY2d 102, 110, 111.

  Remedies. Vil L § 7-714.

  Rezoning. Dodge Mill Land v Amherst, 61 AD2d 216; 402 NYS2d 670; Mtr Murchetta v Town Bd., 167 AD2d 339.

  Self-imposed hardship. Banes v Colborn, 35 AD2d 281; 317 NYS2d 450; affd 30 NY2d 502; 329 NYS2d      819; 280 NE2d 650.

  Self-imposed hardship. Mtr Cherry Hill Homes v Barbiere, 28 NY2d 381, 385.

  Single and separate ownership. Mtr Kransteuber v Scheyer, 176 AD2d 724; affd 80 NY2d 783.

  Site development plan. Vil L § 7-725-a.  Mtr of Boxer v Tn Bd, 60 AD2d 913(24); 401 NYS2d 570. [Vil    L § 7-725(3) similar to Town L § 724-a(3).] See Mtr of Woodhull Assoc v Bd of Trustees, 63 AD2d    677(27); 404 NYS2d 670. See also Mtr of Spinoza v Ackerman, 98 Misc2d 1073; 415 NYS2d 358; affd    72 AD2d 976.

  Special use permit. Vil L § 7-725-b; Tandem Holding Corp v BZA of Tn of Hempstead, 43 NY2d 801;    Wegman Enterprises v Lansing, 72 NY2d 1000; Mtr Abbey Island Park v BZA Tn of Hempstead, 133       AD2d 150.

  Special use permit; discretionary powers of Board of Appeals, NY Inst. Technology v LeBoutillier,    33 NY2d 125; Mtr of Walworth Leasing Corp v Sterni, 64 Misc2d 940; Mtr of Tandem Holding Corp.   v BZA, Town of Hempstead, 43 NY2d 801.

  Spot zoning. Change of Zoning must be enacted for benefit of community, not individual owner.   Mazzara v Tn of Pittsford, 34 AD2d 90. See De Popas v Barraud, 38 AD2d 597, affd 33 NY2d 672;    Cannon v Murphy, 196 AD2d 498; floating zone. Mtr Beyer v Burns, 150 Misc2d 10.

  Standing to sue. Webster Assoc v Tn of Webster, 112 Misc2d 396; 447 NYS2d 401; Civil Assns v Planning Bd, Town of Clifton Park, 153 Misc2d 906.

  Trailers, outside storage of. Mtr of Suddell v Zoning Bd of Appeals of Vil of Larchmont, 36 NY2d     312; 367 NYS2d 766; 327 NE2d 809.

  Underground pipeline. SCA Chem v Bd of Appeals, 75 AD2d 106; 427 NYS2d 1017; affd 52 NY2d 963; 419  NE2d 872.

  Use of property; conditions imposed by ZBA, Mtr Schlosser v Michaelis, 18 AD2d 940.

  Utilities. County of Orange v Pub. Serv. Comm., 39 AD2d 311.

  Variance, area. Vil L § 7-712-b(3). Mtr of National Merritt v Weist, 41 NY2d 438; Mtr of Fuhst v   Foley, 57 AD2d 956(37); affd 45 NY2d 441; Mtr of Doyle v Amster, 79 NY2d 592.

      rehearing. Mtr of Clute v Town of Wilton, 197 AD2d 265.

 

 

 

 

 

 

 

 

                            ZONING                      § 30.72

 

                          ARTICLE VII

 

                 ACCESSORY STRUCTURES AND USES

 

§ 30.71  Open Storage

 

  A.  Special use.

 

  No property shall be used for the open storage of any article, merchandise, material or machinery except that in the M Districts, such use may be permitted as a special use by the Board of Trustees after notice and public hearing.

 

  B.  Application required for special use permit for open storage.

  An application shall be made in writing by the owner or lessee of the lot or parcel of land upon which open storage use is applied for and said application shall state the following:

 

  1. The name of the owner and/or lessee or other occupant.

 

  2.  The general statement of the location of the property and of the classification of the use district in which such lot, parcel of land or plot is located.

 

  3.  A survey showing the boundary of such parcel, together with the size of the parcel by metes and bounds.

 

  4.  A suitable drawing of the parcel showing any buildings or structures on the property or buildings or structures to be erected thereon and the proposed location of open storage.

 

  C.  No storage container, clothing receptacle, recycling receptacle or any similar container or structure shall be placed upon any property in any zoning district, except that such containers or structures may be permitted as a special use by the Board of Trustees after notice and public hearing.  [Subd. C. added LL #36, 2000, 10/18/2000.]

 

§ 30.72  Metal Buildings and Sheds

 

  No metal buildings or sheds in excess of fifty (50) square feet in floor area and six (6) feet in height shall be erected in the following districts:  R-1, R-2, R-3, R-4 and R-5.  Metal buildings and sheds shall be permitted in Business and M Districts, by a

 

Supp. #6, 1/3/2002

§ 30.72                  MUNICIPAL CODE