A.
No building, lot or premises shall be used or maintained
for any except the purposes enumerated below and for no other, and
no building shall hereafter be erected, enlarged, remodeled, used,
maintained or altered if as so erected or as a result of such enlargement,
remodeling, use, or alteration, such building or any part thereof
is arranged, designed or intended to be used for any except the uses
enumerated below.
B.
Such uses shall not include any uses customarily carried
on as a business or any billboard or advertising sign except as hereinafter
specifically permitted. This provision shall not be deemed to permit
any driveway or walk giving access to premises used for business purposes
or used for purposes not herein permitted in Residence A-1 District.
C.
Enumeration.
(1)
Detached single-family dwelling not exceeding 2 1/2
stories.
[Amended 7-24-2008 by L.L. No. 2-2008]
(2)
Accessory uses and accessory buildings which are customarily
incidental to or accessory to the uses herein specifically permitted
in said district and located on the same lot, such as:
(b)
Keeping of dogs, game and birds.
[Amended 8-19-1980 by L.L. No. 1-1980]
(c)
Occupants of a dwelling in a residential district
shall only be permitted to keep horses or livestock for their personal
use, provided that there is compliance with the following standards
and conditions:
[Amended 8-19-1980 by L.L. No. 1-1980]
[1]
No such use shall be permitted on lots having
less than two acres of land.
[2]
The number of horses and livestock and the number of stalls and structural facilities, reasonably necessary for the shelter of same, permitted on each lot shall not exceed the following: two horses or livestock (in any aggregate combination) for the first two acres of lot area plus one additional horse or livestock for each additional acre of lot area, subject to the provisions of Subsection C(2)(c)[8] below.
[3]
Any such horse or livestock shall be beneficially
owned in fact, as well as in title, solely by the resident occupants
of the lot who shall upon written request of the Building Inspector
produce a sworn affidavit and other reasonable evidence of said ownership.
[4]
The boarding or keeping of horses or livestock
owned by or for the use or benefit of persons other than those who
are the resident occupants of any lot is strictly prohibited.
[5]
All grain-type feed shall be kept in rodentproof
containers.
[6]
No manure shall be stored or permitted to accumulate
within 75 feet from any boundary line. The Building Inspector shall
approve the storage area for manure and it shall be treated in such
a manner so that it shall not create a nuisance to adjoining properties.
[7]
The location of private stables, barns and sheds used to shelter horses and livestock shall be subject to the setback requirements for a main building as set forth in § 320-6, and in addition shall be set back 100 feet from any principal dwelling on any adjacent lots, except that any private riding ring, private paddock, corral fencing or other roofless enclosure for horses and livestock and any unenclosed area for their unattended maintenance shall be located not less than 20 feet from any side or rear boundary line, 75 feet from any front boundary line, and 100 feet from any principal dwelling on any adjacent lot.
(d)
The carrying on of a home occupation by a person
residing in the dwelling unit in which such home occupation is carried
on, provided that there is no display of goods or advertising visible
from any street, that no assistant, whether paid or not, is employed
and that no mechanical or electrical equipment is used except ordinary
household equipment and provided that the space so used does not occupy
more than 1/4 of the total floor area of the dwelling unit and provided,
further, that such home occupation is not carried on in any accessory
building.
(e)
The office or studio of a physician, painter, sculptor, surgeon, architect, dentist, teacher, musician, lawyer or engineer or similar professional occupation as may be interpreted by the Board of Zoning Appeals, residing in the dwelling unit in which such office or studio is located, provided there is no display or advertising on the premises in connection with such use except for a professional nameplate not over four square feet in area, provided that said name plate shall comply with the provisions of Article VI of this chapter, and provided, also, that such studio or office does not occupy more space than the equivalent of 1/4 of the area of one floor of such dwelling and that such use is merely incidental to the use of such dwelling unit primarily for residential purposes; provided, however, that any such musician's studio is equipped and used in such a manner that sounds therefrom are not unduly annoying to other persons on nearby premises or public places; and provided, further, that no assistants, whether paid or not, may participate in such use, except that one assistant may be employed if the nature of the profession is such as to require an assistant; and provided, further, that no use shall be made of more than one building in connection with such professional use; and provided, further, that such professional use shall not be deemed to include the right to engage in wholesale or retail trade, as such term is ordinarily understood. The Board of Zoning Appeals shall have power to determine what is a profession or occupation permitted under this subsection.
(3)
Horticulture, nursery and farming, including noncommercial greenhouses, provided that any greenhouse heating plant is at least 50 feet distant from all boundary lines of said lot and that no fertilizer be stored within 100 feet from any such boundary line unless kept in airtight storage, and providing that the percentage of buildings, their size, location and capacity, the dimensions of yards, setbacks, the provision for automobile parking space and arrangement of access thereto and the arrangement of roadways on and giving access to the site shall all be in accordance with a site plan or subsequent amendment thereto approved by the Village Board of Trustees; provided, however, that with respect to the foregoing uses, there shall be no display of produce, stock or merchandise visible from any street, and provided further that with respect to the uses enumerated in Subsection C(2)(b), (c) and (d), all buildings or structures be set back at least 100 feet from each boundary line of the lot and at least 150 feet from the street line.
(4)
Pumping, storage, sale and distribution of water,
including water towers, upon and subject to such conditions as may
be imposed by the Board of Trustees after written application thereto
and issuance of a permit.
(5)
Private dock and private boating, sea walls, retaining
walls and jetties.
(6)
Churches and synagogues for public worship and other
strictly religious uses, convents, novitiates and monasteries maintained
in accordance with the discipline, rules and usage of the religious
corporation or other entity which will own, support and maintain such
church, convent, novitiate or monastery and of the ecclesiastical
governing body, if any, to which such corporation or other legal entity
is subject; provided, however, that the percentage of lot covered
by buildings, the size, location and capacity of the buildings, the
dimensions of the yards, setbacks, the provisions of automobile parking
space and arrangement of access thereto and the arrangement of roadways
on and giving access to the site shall be in accordance with a site
plan or subsequent amendment thereto approved by the Board of Trustees
of the Village and the following minimum requirements:
[Amended 8-9-1965; 3-15-1988 by L.L. No. 1-1988]
(a)
Lot area and building area. The lot shall not
be less than five acres in area. The building area shall not be more
than 10% of the lot area.
(b)
Height. The height of any principal building
shall not exceed 35 feet, except a church with steeple shall not exceed
50 feet. The height of any accessory building shall not exceed 25
feet.
(c)
Yards. All principal and accessory buildings
shall have the following front, side and rear yard setbacks:
(d)
Parking area: Adequate off street parking on
the lot shall be provided in an approved paved area which shall not
extend into the front, side or rear yards. Under no circumstances
shall there be provided less than one off-street parking space for
each employee plus one for every three seating spaces within the building
or one off-street parking space for every 200 square feet of the building,
whichever is greater.
(e)
The location and size of the buildings and structures,
the nature and intensity of the religious uses involved or conducted,
the size of the site in relation to the buildings and the location
of the site with respect to streets providing access shall be in harmony
with the appropriate and orderly development of the neighborhood and
shall be in accord with and promote the purposes set forth in the
Village Law.
(f)
The entrance and exit drives shall be laid out
so that there is maximum safety for vehicular traffic and pedestrians,
and shall conform to the specifications and standards of the Village.
(g)
Buffer planting, walls and fences shall be required,
where necessary, to protect and provide maximum screening for neighboring
residential properties.
(h)
Exterior lighting shall be installed and arranged
to reflect light away from adjoining streets and to prevent any nuisance
to property in neighboring residential properties. In general, light
sources shall be screened from view from the street and adjoining
properties to the maximum extent possible.
(i)
Drainage installations and facilities shall
be provided and constructed in accordance with the requirements of
the Village Engineer to meet all the specifications and standards
of the Village as well as all applicable specifications and standards
of the Town of Oyster Bay, the County of Nassau and the State of New
York.
(j)
As a condition to the issuance of a building
permit, the Village may require the posting of a bond, cash or other
surety in such form as shall be approved by the Village Attorney and
in an amount sufficient for one or more of the following purposes:
to insure the performance and completion of all site improvements;
to recompense the Village for the services of the Village Engineers
in reviewing, inspecting and approving plans and installation of site
improvements; and to restore the lot if construction should be terminated
before completion.
(7)
Primary or secondary schools which serve the immediate or anticipated future needs of the inhabitants of the Village only when authorized as a special exception by the Board of Zoning Appeals; provided, however, that such a special exception may be granted only with respect to buildings in existence at the time of the enactment of this chapter; and provided, further, that no exterior changes shall be made in the structure or grounds as to which such special exceptions may be granted; and provided further, that such buildings as to which a variance may be granted are of sufficiently fireproof construction as to comply with the standards of the Building Code of the Village, and provided, further, that said special exceptions may be granted only subject to the conditions and provisions of §§ 320-13, 320-14 and 320-15 of this chapter.
(8)
Incorporated club for outdoor recreation only when
authorized as a special exception by the Board of Zoning Appeals,
subject to the condition that such club be not organized nor operated
for profit purposes, expressly excepting any club a chief activity
of which is a service customarily carried on as a gainful business.
(9)
Real estate activities of an owner or of his duly
authorized agent, in connection with his property within the Village.
(10)
Renting, leasing or letting of a principal dwelling by a homeowner
to another single family or individual for 30 consecutive days or
more while the owner does not occupy the premises. No more than two
such rentals, leasings or lettings may occur in any period of 365
days. The rental, leasing or letting for a term of less than 30 consecutive
days in a period of 365 days is prohibited. The homeowner must notify
the Village Clerk and Village Police Department of the name and contact
telephone number of the individual(s) occupying the premises upon
any renting, leasing or letting authorized under this section.
[Added 4-16-2013 by L.L. No. 2-2013]
(11)
The installation and maintenance of electric vehicle supply equipment
and associated electric vehicle infrastructure for private use provided
all equipment is located within an existing garage on the premises
or compliant with front yard, side yard and rear yard setback requirements
or located not more than five feet from any legally existing garage,
parking area or principal dwelling provided the equipment is at least
60 feet from the front lot line.
[Added 3-17-2015 by L.L.
No. 2-2015]
[Amended 4-16-2019 by L.L. No. 4-2019]
Such special exceptions
as are subject to the provisions of this article may be granted only
when the petitioner files with the Board of Appeals the written consents,
duly acknowledged, of at least 75% of the owners of all land, other
than public streets within the Village, which lies outside of and
within 1,500 feet of each boundary line of the lot or lots to be used
for such building; provided, however, that notwithstanding such limitation,
the Zoning Board of Appeals, by super majority vote, may grant permission
for any such use even though consents are not so filed on behalf of
at least 75% of such resident property owners in the Village.
[Amended 8-9-1965]
Such special exemptions for tax exempt institutions, except those uses set out in § 320-12C(6) of this chapter, as are subject to the provisions of this article shall not be granted, unless the grant of such special exception shall incorporate a condition based upon a legally binding agreement between the institution and the Village that the Village shall receive annual payments of such sums of money as will in the opinion of the Board of Trustees fully compensate the Village for the rendering of the municipal services.
Such special exceptions for tax exempt institutions
as are subject to the provisions of this article may be granted only
with respect to the quantity of acreage which is required exclusively
for carrying out thereupon the purposes of such special exception
use, and subject to such setbacks as may be prescribed by the Board
of Appeals, which setback shall in no case be less than 300 feet.
In determining the acreage requirement and the setbacks the following
factors shall be taken into consideration:
Without regard to the generality of this article
as limited by the particularization of the foregoing specified uses,
no building or premises shall be used for any purpose which is or
may reasonably be expected to be obnoxious or offensive by reason
of causing or emitting odor, smoke, gas, dust, garbage, refuse matter,
noise or vibrations or that is dangerous or harmful to the health,
peace, comfort or safety of the community or that tends to disturb
or annoy residents of the Village or that involves any explosion menace
or any serious fire hazard.
[Amended 3-15-1988 by L.L. No. 1-1988]
A.
No accessory dwelling shall hereafter be erected,
created or enlarged and no existing structure shall hereafter be converted
into an accessory dwelling.
[Amended 7-8-2003 by L.L. No. 3-2003]
(1)
Notwithstanding the forgoing, an accessory dwelling lawfully existing on February 1, 1988, may be altered, other than as provided by § 320-53F, and/or enlarged with the approval of the Board of Appeals, provided that the property on which the said accessory dwelling is located has sufficient area to allocate the minimum lot area for the principal building and every accessory dwelling, as if it were a principal building, as required in the district in which the lot is situated.
(2)
An application hereunder shall be subject to the criteria
set forth in § 320-61A(8) of this chapter, and the Board
of Appeals shall determine said application in accordance therewith.
(3)
Notwithstanding the foregoing, the Board of Appeals
shall not approve enlargement of an accessory dwelling such that its
habitable floor area is equal to or exceeds 75% of the principal building.
B.
An accessory dwelling legally existing prior to February
1, 1988, may be rented or occupied by persons other than bona fide
domestic servants, provided that the lot on which it is located has
sufficient area to allocate the minimum lot area for the principal
building and every accessory dwelling as required for the district
in which the lot is located.
C.
Existing accessory dwellings not complying with the provisions of Subsection B shall not be rented but shall be occupied only by bona fide domestic servants and their immediate families including, without limitation, gardeners, chauffeurs and caretakers regularly employed in the principal building or on the premises by the occupant of such principal building, provided that such work or employment constitutes the employee's principal occupation at all times during such period of employment.
