Whereas all matters and things required to be done by the Village Law of New York in order that the Board of Trustees of the Village of Shoreham may avail itself of the powers conferred by said law have been complied with:
Now therefore, for the purpose of promoting the health, safety, morals, or the general welfare of the community, the Board of Trustees of the Village of Shoreham does hereby supplement and amend the Zoning Ordinance adopted July 30, 1927 by substituting the following Ordinance therefore, which it does hereby ordain and enact:
This Ordinance shall be known and may be cited as "The Village of Shoreham Zoning Ordinance of 1951."
Article I - Definitions
Sec. 100.
Unless otherwise expressly stated, the following words shall, for the purpose of this Ordinance, have the meaning herein indicated:
Any plot line not a rear line or a front line shall be deemed a side line.
The previous subsection (11) is hereby amended to read as follows:
The following subsections are added as definition subsections to Article 1 Sec. 100. (As amended 1993 and 1998)
Article II - Districts
Sec. 200.
For the purposes of this Ordinance the Village of Shoreham is hereby divided into two classes of Residence Districts; one Public Utility District, and one Business District.
Sec. 201.
The boundaries of these districts are hereby established as shown on the Zoning Map which accompanies and is hereby declared to be a part of this Ordinance. The boundary lines of these districts are intended to follow or parallel street lines as shown on said Zoning Map. Where parallel to streets, these lines are intended to be 200 feet distant therefrom unless otherwise indicated.
Article III - Residence "A" and "B" Districts
Sec. 300.
In any residential district no building or premises shall be used, and no building or part of a building shall be erected or structurally altered which is arranged, intended or designed to be used in whole or in part for other than one or more of the uses permitted in a residential district. The uses permitted in any of said residential districts shall be the following, together with the accessory uses permitted by ARTICLE IV hereof:
Article IV - Accessory Uses in Residence Districts
Sec. 400.
In any residence district the following uses shall be permitted provided that they are accessory to an existing permitted use:
If any existing plot held in single ownership is capable of being subdivided into two or more plots each of which, if separately owned, would in all respects be sufficient to permit the erection of a building otherwise conforming to the requirements of this Ordinance, such single ownership, of itself, shall not prevent the issuance of a permit hereunder for the erection of such additional building or buildings.
Sec. 402.
A plot may not be subdivided in any manner so as to reduce the area of the plot on which any then existing single family dwelling, church, public school or library and its accessory buildings is located below that required for such structure in the district in which such structure is located. If after such subdivision, no single family dwelling, church, public school or library is located on the plot on which an accessory building is then located, such accessory building may not be used as such after one year after such subdivision unless within such period a single family dwelling conforming to the requirements of this Ordinance is constructed on such plot.
Article V - Business District
Sec. 500.
In the business district no building or premises shall be used and no building or part of a building shall be erected or structurally altered which is arranged, intended or designed to be used in whole or in part for other than one or more of the following uses:
Sec. 501.
No billboards or advertising signboards that are not on or attached to a building shall be used. Such signboards shall be parallel to the face of the building and shall not project more than two inches beyond the building in any direction. No sign or signboard shall exceed two feet in height.
Sec. 502.
No building or premises shall be used for any trade or use that is obnoxious or offensive by reason of the emission of odor, dust, smoke, gas or noise or is for any reason dangerous to the public health or safety or to adjacent property.
Sec. 503.
No premises, building, structure, pump, or other device shall be used for the delivery of gasoline, motor fuel or oil into any motor vehicle, nor shall any premises, building, structure or device be used for the repair of motor vehicles or servicing the same unless a permit therefor is authorized by the Board of Appeals and provided the petitioner files with his application to said Board, consents duly acknowledged by the owners of a majority of the plots within the Village of Shoreham improved with single family dwellings.
Sec. 504.
No premises shall be used in whole or in part for the sale of liquor at retail on the premises unless a permit therefor is authorized by the Board of Appeals and provided the petitioner files with his application to said Board, consents duly acknowledged by the owners of a majority of the plots within the Village of Shoreham improved with single family dwellings.
Article V-A - Public Utility District
Sec. 550.
Anything in any other part of this Ordinance to the contrary notwithstanding in a Public Utility District, no building or premises shall be used and no building or part of a building shall be erected or structurally altered which is arranged, intended or designed to be used in whole or in part for other than one or more of the following uses:
Article VI - Non-Conforming Uses
Sec. 600.
Article VII - Minimum Plot Requirements
Sec. 700.
For buildings hereafter erected, the minimum plot area for each building together with the accessory buildings thereto shall be as follows:
For buildings hereafter erected, the minimum average width of the plot for each building together with the accessory buildings thereto shall be as follows:
In the Business District, every building used for residence on the first floor shall have a plot that will conform in all respects to the requirements of the Residence "B" District.
Sec. 704. (As amended 1998)
Any improved or unimproved lot, owned separately or otherwise at the time of the adoption of this Ordinance will be deemed to be a conforming plot of sufficient area to support a single family detached dwelling and the accessory buildings thereto which in all other respects would conform to the requirements of this Ordinance for the district in which said lot is situated.
Article VIII - Height, Area and Yards
Sec. 800.
For each class of Residence District and for the Business District and Public Utility District, the regulations governing the maximum height of buildings, the minimum and maximum building areas, the minimum side and rear yards and the minimum set back are hereby established as set forth in the table included in this Ordinance entitled "Table of Heights, Area and Yard Regulations."
Front yard.
No building or any portion thereof shall be erected, reconstructed or altered so as to project beyond the minimum set back line as prescribed in the Table of Heights, Area and Yard Regulations.
Corner Lot.
A building erected on a corner plot shall be required to comply with the minimum set back from the street on which the building faces as prescribed in the Table of Heights, Area and Yard Regulations, and the set-back from the other street shall be considered as a side yard for purposes thereof.
Sec 801.
See the Table of Heights, Area and Yard Regulations, hereto annexed.
Article VIII - Section 801 TABLE OF HEIGHT, AREA AND YARD REGULATIONS
NOTES
Article IX - Accessory Buildings
Sec. 900
Accessory buildings hereafter erected shall comply to the following regulations as to their location upon the lot:
Sec. 1000.
On any corner plot, no wall or fence shall be erected or altered, and no hedge, tree, shrub, or other growth shall be maintained which may cause danger to traffic on a street by obscuring the view.
Sec. 1001.
No plot shall be so reduced that its area and the dimensions of any required open space shall be smaller than those herein prescribed for the District in which it is located.
Sec. l002.
Except for the purpose of immediate loading or unloading, no truck of more than one ton rated capacity or no house trailer shall be garaged, parked or stored in any residential district.
Sec. 1003.
Nothing herein contained shall require any change in the plans, construction or designated use of a building complying with the existing law or ordinance, a permit for which had been duly granted and the construction of which shall have been started before the date of passage of this Ordinance, and which shall be completed within six months after the issuance of such permit.
Sec. 1004.
No permit shall be issued for the construction on any plot of a single family dwelling which is not substantially dissimilar in exterior appearance to any other dwelling constructed, or a permit for the construction of which has been issued, within 400 feet of said dwelling.
Sec. 1005.
Except as permitted in Sections 300 and 501 hereof and except for municipal purposes, no billboard, signboard or advertising sign shall be permitted as an accessory use or otherwise within the Village of Shoreham.
Article XI - Board of Appeals
Sec. 1100.
The Board of Trustees shall appoint a Board of Appeals consisting of three members which shall have the duties and powers provided in Section 179-b of the Village Law.
Sec. 1101.
The Board of Appeals shall make rules as to the time and manner of filing appeals or applications for variances from the terms of this Ordinance.
Sec. 1102.
The Board of Appeals, in exercise of its powers and duties specified in the Village Law, shall have the power, after public notice and hearing, and subject to appropriate conditions and safeguards, to determine and vary the application of the regulations herein established in harmony with the purposes enumerated in the Village Law and the general purposes and intent of these regulations.
Sec. 1103.
Public Utilities. Public utility buildings or structures other than a motor vehicle service center described in Article V-A subdivision 2, are allowed in any other district than a Public Utility District if permitted by the Board of Appeals. The height, area and setback provisions of this Ordinance shall be inapplicable to such buildings or structures, if and when approved, except that as a condition to the granting of the permit the Board of Appeals may impose reasonable restrictions in order to promote the health, safety, morals or the general welfare of the Village.
Sec. 1104. (As amended 2001)
The Board of Trustees may appoint for a term of one year, two alternate members to the Board of Appeals as may be necessary for purposes of substituting for members who are unable to participate due to a conflict of interest, illness or absence for any reason. Such alternate members of the Board of Appeals shall be appointed by the Mayor, subject to the approval of the Board of Trustees. Article XII - Applications and Permits
Sec. 1200.
This Ordinance shall be enforced by a Building Inspector who shall be appointed by the Board of Trustees. His term of office shall be two years commencing on the first Monday in the month following the election of the Mayor of the Village for a full term.
Sec. 1201.
No building or structure shall be erected, added to or structurally altered in the Village of Shoreham until
Sec. 1202
Each and every permit so issued by the Building Inspector under the provisions of this Article shall expire and become null and void at the expiration of 90 days from the date of issuance, unless, within such period, actual erection and/or construction of the building under such permit shall have been commenced, or unless, within such period, an extension of such permit has been duly obtained from the Building Inspector. The provisions of this paragraph shall apply to any such extension.
Sec. 1203.
No premises shall be occupied or used and no building hereafter erected, added to or structurally altered, shall be occupied or used, in whole or in part, for any purpose whatsoever until a Certificate of Occupancy shall have been issued by the Building Inspector. No such certificate shall be issued until the premises, building or structural alteration shall have been completed in conformity with the provisions of this Ordinance and any applicable Building Code.
Article XIII - Fees
Sec. 1300.
The Building Inspector shall collect for the account of the Village, a fee for each permit or certificate issued by him hereunder. The amount of such fee shall be as may from time to time be determined by the Board of Trustees.
Article XIV - Amendments
Sec. 1400.
The Board of Trustees may from time to time amend, supplement, change or modify this Ordinance, including any Zoning Map which constitutes a part thereof, as provided in the Village Law.
Article XV - Enforcement and Interpretation
Sec. 1500.
Enforcement and Penalties. It shall be the duty of the Building Inspector and he hereby is given the authority to enforce all the provisions of this Ordinance. The general agent, architect, builder, contractor, owner or tenant or any other person who commits, takes part or assists in any violation of this Ordinance, or who maintains any building or premises in which any violation of this Ordinance shall for each and every violation be imprisoned for a period not exceeding thirty days or be fined not exceeding two hundred and fifty dollars per day for each violation. Each day that a violation is permitted to exist shall constitute a separate offense and separate violation, for which a separate fine and or penalty shall be incurred. Any violation of this Ordinance or any part thereof shall constitute disorderly conduct and any person violating the same shall be a disorderly person. Nothing in this Section shall be construed as depriving the Village or the Board of Trustees, of any other available remedy.
Sec. 1501.
In interpreting and applying the provisions of this resolution, they shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this resolution to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance or any rules, regulations or permits previously adopted or issued pursuant to law; nor is it intended by this resolution to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this resolution imposes a greater restriction upon the use of buildings or premises or requires larger open spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such easements, covenants or agreements, the provisions of this resolution shall control.
Sec. 1502.
Validity of Ordinance. If any Article, section, paragraph, subdivision, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the Article, section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this Ordinance shall be deemed valid and effective.
Sec. 1503.
When Effective, this Ordinance shall take effect immediately.
Sec. 1504.
(As amended 1993) No provision, section or paragraph of this ordinance, article or section, shall be deemed to be or constitute a waiver of the Village of Shoreham of any of its rights to or causes of action available to it for civil or equitable remedies seeking the cessation, elimination or desisting of any violation of this Ordinance or any Article or Section thereof, and the Village of Shoreham expressly reserves the right, in addition to or as an alternative to, at the VillageÕs option to pursue a civil action for the recovery of penalties for several or numerous violations, as defined herein, shall be recoverable by the Village in a civil action.
Article XVI - rescinded 2007 and replaced by Local Law (LL) 2007-01 "Design Review"
The original Article XVI "Board of Architectural Review"of the Shoreham Village Zoning Ordinance of 1951, was rescinded and replaced in 2007 by LL 2007-01 "Design Review." LL 2007-01 has the effect of replacing the original Board of Architectural Review with a new Design Review Board (DRB) and defines the policies under which this new board operates. Follow link to LL 2007-01 "Design Review."
[Note that LL 2007-01 stipulates that certain building permit applications undergo DRB review].
Ordinances and Local Laws index
Sec. 401.
Sec.701.
Sec. 702.
For buildings hereafter erected, the minimum frontage of the plot for each building (together with the accessory buildings thereto) upon a Village or Town street or a street duly established in accordance with the Village Law, shall be as follows:
Sec. 703.
Minimum Main Building Area (sq.ft.)
Max.
District Min. Set If a One 1st floor Total Note Total
back (Feet) Story Bdlg. Bldgs. Area
RES. "A" 60 1400 1200 1500 (2) 15%
RES. "B" 60 1200 1000 1350 (2) 20%
BUSINESS (Note 3) 40 1500 1500 2000 - 30%
PUBLIC UTILITY 40 1500 1500 2000 - 30%
Maximum Height Min. Side Yards Minimum Rear Yard
(Note 1)
District Stories Feet Min. Total Feet Note
(Feet) (Feet)
RES. "A" 2 1/2 35 35 80 50 (4)
RES. "B" 2 1/2 35 15 40 30 (4)
BUSINESS (Note 3) 2 30 5 15 10 -
PUBLIC UTILITY 3 45 5 15 10 -
Article X - General Provisions