The provisions of this article shall apply in an R District.
A.
No building or land shall hereafter be used or occupied and no building
or part thereof shall be erected, used or altered unless in conformity
with the regulations herein specified and except for the purposes
set forth in this article and for no other purpose.
A.
In residence districts, fences of any kind or description shall not exceed a height of four feet from ground level. No fences are permitted to be erected within the front yard, as defined under § 271-7 of this chapter. On corner lots or on any lot fronting on more than one street, such plots are determined to have a front yard wherever a street immediately abuts a lot line. All fences shall be so erected that the finished surface shall be faced outward.
C.
The enclosure of less than the entire rear yard of a lot, where such
enclosed portion is used or intended to be used as a dog run or an
enclosure for an animal or animals, and regardless of the height of
such enclosure, shall not be permitted unless an application for a
special permit therefor shall first have been made to the Board of
Appeals. The Board of Appeals, if it shall grant such a special permit,
may impose such conditions and restrictions with regard to the erection,
maintenance and use thereof as it shall deem appropriate.
D.
Notwithstanding the foregoing, fences up to a maximum height of six
feet from ground level shall be permitted only where the rear yard
or side yard immediately abuts one of the following public streets,
zoning districts or uses: Harbor Hill Road, Old Westbury Road, Roslyn
Road, Business A District, Business B District, schools, recharge
basins or the Park at East Hills. Notwithstanding the foregoing, fences
up to a maximum of eight feet from ground level shall be permitted
only where the rear yard or side yard immediately abuts one of the
following public streets, zoning districts or uses: Glen Cove Road,
Northern Boulevard, Light Industrial District.
[Amended 7-20-1998 L.L. No. 8-1998; 5-21-2013 by L.L. No. 7-2013]
E.
Plastic and wooden fences around the perimeter with slates shall
be permitted for pools or otherwise at the discretion of the Zoning
Board of Appeals.
[Added 8-1-2022 by L.L.
No. 2-2022]
F.
All perimeter
plastic and wooden fences installed prior to the date of enactment
of this section shall be legalized and all approvals granted by the
Building Department.
[Added 8-1-2022 by L.L.
No. 2-2022]
A.
The principal building, as herein defined, or any part thereof shall
be erected, constructed, reconstructed, altered, repaired or used
on a plot containing an area of not less than one acre contained in
one lot. Notwithstanding any other state or local law to the contrary,
the minimum lot area herein may not be met by combining two or more
contiguous plots of land, each of which is less than such required
minimum lot area.
[Amended 8-16-1999 by L.L. No. 5-1999]
B.
There shall not be more than one principal building or portion thereof
to each one acre contained in a plot.
All buildings, including accessory buildings, shall not cover
more than 25% of the area of the lot.
No main dwelling shall be erected unless it has a habitable
floor area of at least 1,800 square feet to be completed prior to
occupancy.
Each lot shall have front, side and rear yards not less than
the depths or widths following.
No lot shall have a street frontage of less than 160 feet.
No building or structure or part thereof shall project into
any yard except as shall be specifically provided in this article.
Stationary outdoor fireplaces may project into the rear yard
or side yard but shall be at least five feet distant from side and
rear property lines and shall not exceed eight feet in height.
A.
Accessory buildings or structures shall not occupy more than 20%
of the rear yard. The yard area occupied by the accessory buildings
or structures shall be included in computing the maximum percentage
of the lot area which may be utilized for buildings.
B.
Unless otherwise provided in this article, accessory buildings and
structures shall be located in the rear yard and shall be not less
than 15 feet distant from the main building, not less than 10 feet
distant from the rear lot line and not less than 15 feet distant from
any side line, with the exception of boundary line fences and walls
which may be located on the lot lines.
A.
Churches or other similar places of worship, rectories, parish houses,
convents and elementary and secondary schools, either parochial or
public, operated under the supervision of the Board of Regents of
the State of New York, shall be permitted, subject, however, to the
following conditions and restrictions:
(1)
Building area. All buildings, including accessory buildings, shall
not cover more than 20% of the area of the lot.
(2)
Height. The height of any principal building shall not exceed 35
feet; the height of any accessory building shall not exceed 20 feet,
except that an accessory building may be 35 feet in height, provided
that it shall be distant at least 100 feet from the main building.
(3)
Yards.
Each lot shall have front, side and rear yards not less than the depths
and widths following.
(a)
Front yard depth: 110 feet.
(b)
Side yard width: each one, 40 feet for a one-story building; each
one, 60 feet for a two-or-more-story building; however, when a side
yard abuts a street line, the width shall be 110 feet.
(c)
Rear yard depth: 40 feet for a one-story building; 50 feet for a
two-or-more-story building.
(4)
Parking
area. Off-street parking on the lot shall be provided in a paved area
equal in area to two times the area occupied by buildings. Such parking
area may extend into the side and rear yards but shall be distant
not less than 20 feet from any lot line and 15 feet from any street
line. Surfacing of such area shall be in accordance with Village ordinance.
(5)
Screening.
Where a parking area abuts a property line, a screen of evergreen
shrubs shall be installed along said lines as specified by the Planning
Board.
(6)
Marginal
roadway. A marginal roadway 50 feet in width shall be provided in
the front yard and in any side yard abutting a street. Said marginal
roadway shall extend from the road or street line into the front and
side yard, shall be separated from the street by a mall 10 feet in
width, and no more than two openings in the mall for access shall
be made on any one street; the mall shall be curbed; the pavement
in the roadway shall be 30 feet in width, and a sidewalk four feet
in width shall be constructed along the inner side of the marginal
roadway. All work and construction hereinabove set forth shall be
in accordance with Village specifications and regulations.
(8)
Bond. If the improvements provided in Subsection A(4), (5) and (6) have not been completed prior to the application for a certificate of occupancy, a performance bond for not more than one year may be accepted by the Village Clerk in an amount estimated by the Village Engineer necessary to complete the improvements, which bond shall be a surety company bond in such company as shall be approved by the Board of Trustees and in such form as shall be approved by the Village Attorney. On the acceptance and filing of such bond, the Building Official shall be authorized to issue the certificate of occupancy.
B.
The provisions of this section shall apply to all residence and business
districts.
A.
In any residence district, a plot or parcel of land, herein referred
to as the "property" or the "premises," having an area of more than
one acre and improved with a one-family dwelling actually occupied
as such, may have thereon not more than two horses for each full acre,
the term "horse" to include "pony," but only when permitted by the
Board of Appeals, after a public hearing, subject to the restrictions
and conditions hereinafter set forth and such further and other reasonable
restrictions and conditions as the Board may impose.
B.
The application to the Board of Appeals shall set forth and shall
also include a plot plan, which shall show:
(1)
The dimensions of the property and number of square feet.
(2)
The location of all improvements on the property.
(3)
The proposed location of a stable, together with a sketch or drawing
of the same and the facilities to be contained therein, which shall
include running water, electricity, and cesspool and sanitary disposal
facilities separate from the residence.
(4)
The outdoor area where the horses will be exercised or permitted
to graze.
(5)
The location of the residences on all abutting properties.
(6)
How the applicant proposes to keep the horses confined to the property.
(7)
How the applicant proposes to store and dispose of the manure, including
the location of a manure storage bin which shall be walled on three
sides by walls not exceeding six feet in height and which shall have
an area of not less than eight feet square.
(8)
Where the hay, feed or other food for the horses will be kept or
stored by a suitable enclosure within the stable.
(9)
Such further information as the Board of Appeals may request.
C.
Together with the application, there shall be submitted to the Board
of Appeals a written statement from the Long Island Humane Society,
the Nassau Suffolk Horsemen's Association or any other agency that
said Board may hereafter designate in place of said society, which
shall state whether or not the proposed facilities are adequate for
the keeping and stabling of the horses.
D.
Each horse kept upon the premises shall, at all times, be owned by
a member of the family residing on the premises, and no other horse
shall, at any time, be kept, harbored, maintained or boarded on the
premises. The hiring of or the commercial use of horses shall be prohibited.
E.
No stable shall be erected or maintained within 30 feet of the residence
nor within 30 feet of any side or rear property line and shall be
located only in the rear yard, except that if, at the time of the
application, there is in existence on the property of the applicant
an existing structure erected prior to the enactment of this section,
the Board of Appeals may, in its discretion, permit the same to be
used for a stable, provided that said structure in all other respects
complies with the provisions of this section and of the Building Code[1] of this Village and the fire and health regulations of
Nassau County.
F.
No living quarters shall be permitted in the same building in which
the horses are stabled.
G.
No manure or any other material or substances which cause or create
any noxious or offensive odors or dust or which cause or may cause
the presence of or attract any vermin, rodents or other animals shall
be permitted to be or remain in, on or upon the premises.
H.
No horses shall be permitted to be, roam or graze in or on any part
of the premises other than the rear yard, and they shall be corralled
or confined in such manner and by such means and within such portions
of the rear yard as the Board of Appeals shall direct.
I.
The applicant shall construct, plant and maintain such landscaping
and/or fencing as the Board of Appeals shall direct.
J.
The Board of Appeals, in considering the application, shall not grant
the same unless it shall find, in each instance, that the granting
of the same will not:
K.
The application shall be accompanied by a writing signed by each
owner and the occupant of the subject property and acknowledged in
the form required for the recording of a deed, containing a consent,
in form and substance satisfactory to the Board of Appeals, that so
long as any stable shall continue to remain on the property or so
long as any horse is kept, maintained or stabled on the property,
the Village Building Inspector or any other Village official, person,
agency or employee designated by the Village Board of Trustees or
any society duly chartered for the prevention of cruelty to any animals
or for the regulation of animal treatment shall have the right to
enter upon the premises or any part thereof for the purpose of making
such inspection and investigation as the Village may deem appropriate,
and said consent shall be irrevocable.
L.
The provisions of this section shall apply in all residence districts.