In a Residence A District the following regulations
shall apply.
[Amended 8-21-1989 by L.L. No. 3-1989; 11-22-1994 by L.L. No.
8-1994; 9-28-2021 by L.L. No. 6-2021]
No building may be erected, altered or used and no lot or premises
may be used except for the following purposes:
A.
Detached single-family dwelling, except the construction of a detached
single- family dwelling for the purpose of sale shall not be permitted
unless authorized by the Board of Appeals.
B.
Public primary and secondary schools.
C.
Houses of worship and other strictly religious uses, in accordance with the discipline, rules and usages of the religious corporation which will own, support and maintain such houses of worship and of the governing body, if any, to which such corporation is subject, and primary and secondary schools, organized and conducted other than for profit, chartered by the Regents of the University of the State of New York or approved by and under the supervision of the New York State Department of Education, and such other nonresidential uses as may not be excluded pursuant to state and federal laws, and accessory uses on the same lot, provided that any such use and accessory use have been approved by the Board of Appeals after public notice and hearing and after taking into consideration the public health, safety and general welfare and in accordance with the provisions of Article VIII, §§ 176-71C through F, 176-72 and 176-73 hereof and subject to appropriate conditions and safeguards prescribed by said Board.
D.
Municipal uses as follows: Village of Sands Point municipal uses
and purposes except incinerator and sewage disposal plants.
E.
Public utility lines and poles necessary for the service of the area.
F.
Agriculture and greenhouses. It is not intended that the use of the
property for agriculture and greenhouses shall be commercial in nature
but shall only be permitted if and when the agricultural pursuit and
the use of the greenhouse are in connection with the general use of
the property as a residence. It is not intended to permit commercial
agriculture, greenhouses or nurseries in a Residence A District.
H.
Accessory uses on the same lot with and customarily incidental to any of the above permitted uses, except the uses provided in Subsection C of this section, including a private garage for not more than five cars or a stable for not more than horse for each 43,560 square feet (one acre). Guesthouses and buildings equipped and designed to be used for habitable purposes are not regarded and permitted as an accessory use. It is the purpose of this section to confine the use of all lots and premises for habitable purposes to the dwelling referred to in Subsection A of this section. Except as above permitted, accessory uses shall not include any use customarily carried on as a business or industry, including the construction of a dwelling for sale, or any display visible from the street.[1]
I.
Home Occupation.
[Added 11-21-2023 by L.L. No. 14-2023]
[Amended 8-21-1989 by L.L. No. 3-1989]
A.
No dwelling shall exceed three stories and an attic nor shall it exceed a height, as defined in Article I, § 176-2, of the Village Code, of 35 feet on a lot of less than three acres and 40 feet on a lot which is permanently restricted to contain at least three acres. (See Table I, Appendix A.[1])
[Amended 2-23-2016 by L.L. No. 1-2016]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
No building shall hereafter be erected, altered
or moved to accommodate or make provision for more than one family
for each 87,120 square feet (two acres) of the area of the lot.
[Amended 8-21-1989 by L.L. No. 3-1989]
A.
The building area shall not exceed 12% of the lot area for the first acre or any part thereof, 8% for the second acre or any part thereof and 6% of any lot area in excess thereof, but in no case shall the ratio of habitable floor area to lot area exceed 0.12 for the first acre or any part thereof, 0.06 for the second acre or any part thereof and 0.04 for any lot area in excess thereof. (See Table 1, Appendix A.[1])
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
The combined coverage of all structures on any lot shall not exceed 20% of the lot area. (See Table 1, Appendix A.)
All dwellings hereafter erected or altered in
a Residence A District shall provide for each family not less than
2,000 square feet of usable floor area, all of which shall be completed
prior to occupancy.
[Amended 8-21-1989 by L.L. No. 3-1989]
A.
Yards required. Each lot shall have front, side and rear yards of not less than the following, nor shall any point on a building be permitted to exceed the height/setback ratio (sky exposure plane) as set forth below and as illustrated in Figure 1 of Appendix A. (See also Example 1, Table 2 and Figure 2 of Appendix A.[1])
(1)
Front yard: 60 feet, but in no case shall any point
on a building, including any point on its roof, be permitted to exceed
an elevation which is more than one foot higher than grade for each
three feet of setback.
(2)
Each side yard: 40 feet, but in no case shall any
point on a building, including any point on its roof, be permitted
to exceed an elevation which is more than one foot higher than grade
for each two feet of setback.
(3)
Rear yard: 50 feet, but in no case shall any point
on a building, including any point on its roof, be permitted to exceed
an elevation which is more than one foot higher than grade for each
21/2 feet of setback.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
For purposes of this section, "grade" shall be the existing undisturbed grade or the proposed final grade, whichever is more restrictive, established at a point immediately adjacent to the perimeter wall of the building, which point is located on a vertical plane perpendicular to the lot line and extending through the entire building. (See Figure 2 of Appendix A.)
C.
Chimneys, spires and similar projections as permitted by Article I, definition of "height," shall be excluded from this section.
D.
A building erected on a corner lot shall be required
to comply with the front yard requirement only from the street which
provides its access, but in no case shall the setback from any other
street line be less than 60 feet.
No lot shall have a street frontage of less
than 175 feet.
[Added 12-18-2023 by L.L. No. 16-2023]
The dwelling shall be situated in such a way that the longer
side of the house shall be parallel to the street which has the longest
street frontage. The primary entrance to a dwelling shall be located
facing the street which has the longest street frontage.
A.
No structure in which horses, cows, sheep or other
farm animals or poultry are kept or animal run or kennel shall be
closer than 50 feet to any adjoining property line, nor shall animals
be harbored within 50 feet of the property line.
[Amended 8-21-1989 by L.L. No. 3-1989]
B.
No storage of manure shall be permitted except as
follows: Manure may be stored in a pit or structure completely enclosed
and screened against flies. No such pit or structure shall be closer
than 100 feet to any property line, nor closer than 25 feet to a dwelling
on the same lot, nor closer than 150 feet to a dwelling on another
lot.
[Amended 8-21-1989 by L.L. No. 3-1989]
Stationary outdoor fireplaces may project into
the rear yard or side yard, but shall be at least 20 feet distant
from side and rear property lines and shall not exceed eight feet
in height.
No outdoor pools shall be constructed except
in compliance with the regulations of the Nassau County Health Department
which may be now or hereafter in effect.
[Amended 8-21-1989 by L.L. No. 3-1989; 12-19-1995 by L.L. No.
7-1995]
A.
Accessory buildings or structures shall be located
only in the rear yard. Accessory buildings or structures shall not
occupy more than 15% of the area of the rear yard. The yard area occupied
by the accessory buildings or structures shall be included in computing
the maximum percent of the lot area which may be utilized for building.
B.
Unless otherwise provided in this article, no structures
hereafter erected shall be located nearer the street line than the
rear line of the main dwelling, and on a corner lot no such structures
shall be located in any yard abutting any street. This subsection
shall not apply to driveways, paved walks, water pumps and wells,
walls and fences not in excess of six feet six inches in height, gates
and gateposts.
C.
Structures shall be not less than 25 feet distant
from the main buildings, not less than 15 feet distant from the rear
lot line and not less than 20 feet distant from any side line, with
the exceptions of boundary line fences and walls not exceeding six
feet six inches in height, which may be located on the lot lines or
within four feet thereof. Notwithstanding any provisions of this chapter
to the contrary, no distance shall be required between a swimming
pool and a main dwelling.
D.
Every part of an accessory building shall be at least
80 feet distant from every street line.
[Added 8-21-1989 by L.L. No. 3-1989;
amended 5-24-2016 by L.L. No. 5-2016]
A.
Each lot used for single-family dwelling purposes shall have only
one driveway, accessed by a single curb cut. Such driveway shall have
a maximum width of not more than 15 feet at the street line, and every
portion of the driveway shall be located at least 25 feet from the
side property lines. Driveways which serve more than one dwelling
are prohibited.
[Amended 12-18-2023 by L.L. No. 16-2023]
B.
All parking areas, including, but not limited to, all parking courts
and driveways where vehicles are parked or stored, whether paved or
unpaved (collectively, "parking areas"), must be screened from the
street and from any adjoining property by a living screen of evergreen
trees and/or shrubs. All screening is required to be at least 30 inches
in height and must be comprised of vegetation having sufficient density
to mitigate any potential visual impact that a parking area could
have on the street and/or on any adjoining property. All parking area
screening or changes to the screening must be approved by the Building
Commissioner or the Commissioner's designee. In situations where the
topography of the premises and/or the distance between the parking
area and the street or an adjacent property or other relevant circumstances
serve to mitigate visual impact, the Building Commissioner or the
Commissioner's designee, in his or her sole discretion, may waive
or modify the screening requirements set forth herein.
C.
All applications to the Building Department that relate to the construction
or alteration of a driveway and/or parking area must be submitted
with a landscape plan prepared by a licensed professional.
