On any corner lot, 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.
No building shall exceed 50 feet in height.
No lot shall be so reduced in area by sale,
subdivision or the erection thereon of additional buildings so that
the area of any yard or open spaces will be less than is provided
in this chapter.
When and if a house trailer, occupied or unoccupied,
is allowed to stand within a block 14 days, it shall be deemed a single-family
detached dwelling for the purposes of this chapter, and a proper permit
shall be obtained or the house trailer shall be removed from the block.
Parochial schools and educational institutions
chartered by the Regents of the University of the State of New York
or approved by or under the supervision of the State Department of
Education, notwithstanding any contrary provisions of this chapter,
shall be subject to the following additional restrictions:
A.
For schools and educational institutions, the minimum
lot area shall be 10 acres; for each 10 students or fraction thereof
over 25 students, the minimum lot area shall be increased by one acre.
B.
Building area. All buildings, including accessory
buildings, shall not cover more than 10% of the area of the lot.
C.
Height. The height of any principal building shall
not exceed 25 feet; the height of any accessory building shall not
exceed 20 feet, except that an accessory building may be 25 feet in
height, provided that it shall be a distance of at least 100 feet
from the main building.
E.
Parking area. Off-street parking on the lot shall
be provided in a paved area equal in area to 150 square feet for each
student and faculty member in the case of schools and institutions
of learning. Such parking area shall not be permitted in the front
yard but may extend into the rear and side yards, but shall be distant
not less than 50 feet from any lot or street line.
F.
Screens. Where a parking, play or recreational area
is within 150 feet of a property line, a screen of evergreen trees
four feet in height and 10 feet in width, or shrubbery giving similar
effect, as shall be approved by the Board of Appeals, parallel to
the property line shall be installed and maintained.
G.
Plan. The plot plan required to be submitted with
the application for a building permit, certificate of occupancy or
for a permit by the Board of Appeals shall, in addition, show the
requirements set forth herein, together with the estimated cost of
the improvement.
H.
If the improvements as provided in this section have
not been completed prior to the application for a certificate of occupancy
or prior to the time fixed by the Board of Appeals to complete the
improvement, a penal bond in such amount as shall be approved by the
Village Board to ensure the completion of such improvements within
one year may be accepted by the Village Clerk.
[Amended 12-18-2023 by L.L. No. 16-2023]
I.
Whenever or wherever any premises shall be located
in a residence district and said premises shall thereafter be included
within a new residence district requiring a minimum area of two acres
per plot for each family, notwithstanding the provisions thereof,
parochial schools and educational institutions chartered by the Regents
of the University of the State of New York or approved by or under
the supervision of the State Department of Education shall be subject
to the restrictions provided in this section and authorized by the
Board of Appeals.
Notwithstanding any provisions of this chapter
to the contrary, in any district, no distance shall be required between
a swimming pool and a main dwelling.
No person, firm or corporation shall hereafter
allow, provide for, install or permit any form of utility service
line, including but not limited to telephone, electric and cable television,
to be strung, run or installed above ground over and on all private
property and public highways in hereinafter-approved subdivisions
or to existing structures undergoing substantial alterations as determined
by the Building Inspector.
A.
All construction for the disposal of sewage and other
putrescible organic wastes shall, in addition to any requirements
of any law, ordinance or rule of the Village of Sands Point or the
State of New York, be in accordance with standard engineering practices.
As a minimum, the regulations and specifications of the Nassau County
Department of Health and the New York State Department of Health shall
be deemed compliance with this section.
B.
No construction for the disposal of sewage and other
putrescible organic wastes shall be backfilled without first having
been inspected and approved by the Village or by the Nassau County
Department of Health, whichever agency shall have jurisdiction of
such construction.
C.
No building hereafter occupied or used for living
quarters shall be so occupied or used nor shall any certificate of
occupancy be issued unless there shall be filed with the Village Clerk
a certificate of approval that the construction and facilities available
for the disposal of sewage or other putrescible organic wastes are
and have been installed in accordance with the sewage disposal permit.
In any district, no well shall be located within
15 feet of any boundary line nor within 25 feet of any highway. Pump
houses and any equipment above ground used in connection with a well
shall be located in the rear yard and at least 15 feet distant from
any boundary line.
[Amended 12-18-2023 by L.L. No. 16-2023]
A.
In any district, no dwelling shall be erected having
a First Floor elevation less than 1 1/2 feet above the highest
level of the groundwater table for the location of such dwelling or
dwellings as determined from the records of the Nassau County Department
of Public Works or as may be determined by other means subject to
approval of the Village Engineer. All Exterior Walls of any such dwelling
below the elevation of 13 feet above Mean Sea Level on any building
plot, the grade of which is not wholly above the elevation of 13 feet
above Mean Sea Level, shall be of monolithic construction without
openings, and all such walls and floors below the elevation of 13
feet shall be properly waterproofed with a waterproofing material
approved by the Building Inspector.
B.
(Reserved)
A.
All water draining from the roof of any structure
shall be returned to the ground via gutters and leaders which shall
connect to underground concealed dry wells located entirely on the
property. Such dry wells shall not be closer to any property line
than 25 feet and shall be so constructed as to effect maximum recharge.
If in the opinion of the Village Engineer or Building Inspector soil
or other conditions make compliance with this subsection ineffective,
the Village may require such additional or alternate provisions as
will ensure that no water shall drain on private or Village streets.
If natural drainage affords the same results as intended by this chapter,
the Village Engineer or Building Inspector may permit same in lieu
of an underground system. Such permission must be in writing, signed
by the Building Inspector. This subsection shall apply to any structure
erected after the adoption of this chapter, and also to additions,
replacements or roof design alterations to any structure presently
in existence, provided that such addition or alteration increases
the amount of water or rate of flow of roof runoff. All such drainage
systems must be maintained by the owner at his expense and kept in
operable condition.
B.
All water draining from any driveway at any premises
shall be returned to the ground through roadway subsurface gratings
into underground dry wells. Such roadway grating and dry well shall
be located entirely on the premises at a point which will have maximum
effect in preventing water from draining on private or Village streets
or roads. In the event any driveway flows toward a Village or private
street or road and the grade of such driveway shall exceed 6% or the
length of any driveway shall exceed 100 feet, the design and plan
for drainage on the premises shall provide for crowning the driveway
and constructing a gutter and curb on each edge of the driveway, together
with a dry well in each gutter, which dry well shall be located at
a point and so constructed that it will have maximum effect in preventing
water from draining on private or Village streets or roads. If, in
the opinion of the Village Engineer, soil or other conditions make
compliance with this section ineffective, the Village may require
such additional or alternate provisions as will ensure that no water
shall drain on private or Village streets or roads. This subsection
shall apply to all driveways constructed after the adoption of same.
All such drainage systems must be maintained by the owner at his expense
and kept in operable condition.
[Amended 12-18-2023 by L.L. No. 16-2023]
Any structure requiring footing(s) shall have
the subgrade approved by the Building Inspector before constructing
the footing. It shall be the obligation of the applicant for the permit
or his agent to advise the Building Inspector and request the inspection.
After completion of the foundation, a survey
showing the foundation shall be filed with the Village and approval
of the foundation by the Building Inspector shall be required before
proceeding with further construction.
Any nonconforming use existing at the effective
date of this chapter may be continued and any existing building designed,
arranged, intended or devoted to a nonconforming use may be reconstructed
and structurally altered and the nonconforming use therein changed,
subject to the following regulations:
A.
The cost of structural alterations made in such building
shall in no case exceed 50% of its structural value, nor shall the
size of structural alterations equal or exceed 50% of the square footage
of the living space in the original permitted structure, nor shall
the building be enlarged unless the use therein is changed to a conforming
use.
[Amended 12-23-1986 by L.L. No. 9-1986; 12-18-2023 by L.L. No. 16-2023]
B.
No nonconforming use shall be extended at the expense
of a conforming use.
C.
No nonconforming use, if once changed to a use permitted
in the district in which it is located, shall be changed back to a
nonconforming use.
D.
No nonconforming use which shall have ceased for a
period exceeding 12 months shall be resumed nor shall it be replaced
by another nonconforming use.
E.
Whenever a district shall hereafter be changed, any
then-existing nonconforming use therein may be continued or changed
to a use of a similar or higher classification, provided that all
other regulations governing the new use are complied with.
F.
Whenever a district shall be changed, such change
shall not affect any lots of less than two acres laid out on a map
or plat which prior to the date of the publication of the notice of
hearing on an ordinance to change the district has been approved by
the Planning Board and filed in the office of the County Clerk as
provided by law or any lots laid out on a map or plat which prior
to the effective date of the change in district has been filed in
the office of the County Clerk. Such lots shall be deemed nonconforming
and the regulations applicable at the time of such change in districts
shall continue to apply to such lots of less than two acres in area,
except as such regulations may hereafter be amended, in which case
such regulations as amended shall apply.
G.
Whenever a district shall be changed to provide for
a lesser density, any parcel of land which is held in a separate and
single ownership prior to said change in district, containing an area
less than required in said district, shall be deemed to be a nonconforming
use.
H.
Any parcel of land for which a use permit has been
granted by the Board of Appeals or for which an application has been
filed with the Board of Appeals for a use permit and said parcel of
land shall thereafter be included in a district of lesser density
and said parcel shall contain an area less than required in said district,
then such parcel of land shall be deemed to be a nonconforming use,
provided that, in the case where an application is pending before
the Board of Appeals before the effective date of the change in district,
the Board of Appeals shall thereafter grant said application.[1]
[1]
Editor's Note: Former Section 803, Subsection
9, added 10-23-1986 by L.L. No. 10-1986 and amended 12-21-1987 by
L.L. No. 7-1987, which required that alterations of existing structures
or new structures conform to Residence A District regulations, was
deleted 8-21-1989 by L.L. No. 3-1989.
