[Amended 2-4-1999 by L.L. No. 1-1999]
In B Residence 1 District, no building, structure
or premises shall be used or occupied, and no building or part thereof
or other structure shall be erected or altered, unless otherwise provided
in this chapter, except for one or more of the following uses:
B.
Permitted accessory uses, located on the same lot
with the permitted principal use.
(1)
Private garages.
(2)
Office of a physician, lawyer, architect, teacher
or similar professional person residing on the premises and when such
use is incidental to such residence; provided, however, that such
use shall be within the main building and occupy not more than 1/3
of the first floor area.
(3)
Customary home occupations only when conducted by
the person residing on the premises.
(4)
Fences.
(a)
Where a residence has been erected, a six-foot
fence may be installed to enclose rear and side yards to the front
foundation line. On a through lot, a six-foot fence may be installed
in the rear yard along the two side lot lines, but no closer to the
street adjacent to rear of premises than the average front yard setback
for that street.
(b)
If such fence shall be erected along any street,
the permitted height thereof shall be measured from the existing elevation
of the center line of such street opposite such fence, unless such
fence is of open woven wire or other such design as will not obstruct
sight visibility. Such height so measured shall not exceed 21/2 feet
at any point within a radius of 30 feet of the corner formed by any
intersecting streets. The provisions hereof shall also apply to hedges
or any other densely growing shrubbery.
(c)
Wire strand and open woven wire fences six feet
in height above ground level shall be permitted on all lot lines of
property principally devoted to agriculture, provided that such height
so measured shall not exceed four feet at any point within a radius
of 30 feet of the corner formed by any intersecting streets.
(d)
No fence shall exceed four feet other than as
specifically provided for herein.
[Added 5-6-2004 by L.L. No. 2-2004]
(6)
Other customary accessory uses, structures and buildings,
provided that such uses are clearly incidental to the principal use
and do not include any activity commonly conducted as a business.
Except with regard to construction on property principally used for
agriculture, any accessory building shall be located on the same lot
with the principal building, and no accessory building shall be constructed
on a lot until the construction of the main building has actually
been commenced, and no accessory building shall be used unless the
main building on the lot is completed and used.
(7)
Wood decks over 18 inches above grade measured at
its highest point shall require a building permit.
In B Residence 1 District, no building or structure
shall be erected or altered to a height in excess of 35 feet or 2 1/2
stories.
In B Residence 1 District, the total building
area shall not exceed 20% of the total lot area.
In B Residence 1 District, no building or structure
shall be erected on a lot having an area less than 20,000 square feet
or upon a lot having a frontage of less than 125 feet at a point 40
feet back of the street line.
In B Residence 1 District, there shall be a
front yard having a depth of not less than 40 feet unless 40% or more
of the frontage on that side of the street between two intersecting
streets is improved with buildings, a majority of which have observed
an average front yard line having a variation in depth of not more
than six feet, in which case no building shall project beyond the
average front yard so established. However, this regulation shall
not be interpreted to require a front yard depth of more than 60 feet.
In B Residence 1 District, there shall be two
side yards, one on each side of the building, the total width of both
to be 45 feet and no one side yard to be less than 20 feet wide.
In B Residence 1 District, there shall be a
rear yard having a minimum depth of 60 feet.
[Amended 5-16-1996 by L.L. No. 6-1996; 9-15-2022 by L.L. No. 2-2022]
In B Residence 1 District, accessory buildings
and structures may occupy 25% of the required rear yard and shall
not exceed 15 feet in height; provided, however, that no building
or structure shall be built less than five feet from any side or rear
lot line nor less than 60 feet from any street line. Any structure
over 144 square feet shall require a building permit.
[Added 8-17-2006 by L.L. No. 3-2006;
amended 6-15-2023 by L.L. No. 2-2023]
A.
Multifamily housing prohibited. In addition to any violation of the other sections of this Chapter 175 and any other chapter or provision of the Lake Grove Village Code, it shall be prohibited to occupy, use or maintain a property or structure that is zoned for single-family use or occupancy by more than one family or to maintain more than one dwelling unit. Where a violation of this § 175-14.1A exists, it shall be a violation of this section by the owner, tenant, subtenant and manager of the property and the real estate broker that procured the sale, purchase or lease of the property or unit or use. In the event that the property is owned by a corporation, the officers and owners of the corporation shall be responsible for the violation; in the event that the property is owned by a trust, the trustees of the trust shall also be responsible for the violation; and where the property is owned by a limited liability company or entity, the members and managers of the limited liability company shall be responsible for the violation.
B.
Rebuttable presumption. It shall be a rebuttable presumption that
a building or dwelling unit zoned for single-family occupancy is occupied
by more than one family and/or contains more than one dwelling unit
if any of the following features are found to exist on the premises
of that building or dwelling unit by the applicable Village Building
Inspector, Code Enforcement Official or Code Enforcement Officer:
(1)
More than one mailbox, mail slot or post office address.
(2)
More than one doorbell or doorway on the same side of the building
or dwelling unit.
(3)
More than one electric meter.
(4)
More than one gas meter.
(5)
More than one connecting line for cable television.
(6)
Separate entrances for segregated portions of the building or
dwelling unit.
(7)
Partitions or locked internal doors barring access between segregated
portions of the building or dwelling unit, including bedrooms.
(8)
Separate written or oral leases or rental agreements or the
payment of rent for portions of the building or dwelling unit among
the owners and residents.
(9)
Two or more kitchens, each of which contains a range or oven
and refrigerator and sink.
(10)
Excessive vehicles parked at the premises, each registered to
a different owner.
C.
Penalties.
(1)
Each violation of any provision of this § 175-14.1 shall, for a first conviction thereof, be punished by a fine of not more than $2,500; for a second conviction within 12 months thereafter, such person shall be punished by a fine of not more than $5,000; and upon a third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not more than $7,500.
