Village of Flower Hill, NY Districts

The boundaries of said districts are hereby established as shown upon the Building Zone Map adopted by the Board of Trustees of the Village of Flower Hill on the 13th day of July 1955, as amended as of the date of the adoption of this Code, which said map, with the notations, references and other matters shown thereon, is hereby declared to be a part of this chapter.[1]

[1]

Editor's Note: The Zoning Map is included as an attachmnet to this volume.

§ 240-5 Conformance required.

No building or structure shall be erected, altered, remodeled, used or maintained and no lot or premises shall be used for any purpose other than a purpose permitted in the district in which such building, structure, land or premises is situate. No building or structure or part thereof shall be erected, used or maintained except in conformity with the regulations prescribed in this chapter for the district in which such building or structure shall be situate.

§ 240-6 General regulations.

[Amended 11-10-1999 by L.L. No. 3-1999]

No building lot shall be sold, divided or set off in such a manner that either the portion sold, divided or set off or the portion remaining shall:

(1)

Be less than the minimum size prescribed by the regulations relating to the district in which it is situated.

(2)

Fail to provide the yards or other open spaces required by the regulations relating to the district in which it is situated in respect to any building or use then existing.

(3)

Fail to provide the minimum building area required by the regulations relating to the district in which it is situated in respect to any building or use then existing.

(4)

Contain any building or use not permitted by the provisions of this chapter in the case of buildings hereafter erected or altered.

(5)

Directly or indirectly violate any terms or conditions theretofore imposed by the Board of Appeals in granting a variance or special exemption under the provisions of this chapter or under the provisions of the Village Law.

Notwithstanding any other requirement or provision of this chapter, any parcel or any portion thereof having a slope in excess of 25% shall be subject to the requirements of the erosion control and sediment control regulations of the Village of Flower Hill.

See the Illustrative Table of Residential Zoning Criteria included at the end of this chapter.

Permitted encroachments. In all residential zoning districts, the following shall be considered permitted encroachments:

(1)

Open porches, provided that they project no more than five feet into front yards and are no more than 18 inches above grade.

[Amended 11-6-2000 by L.L. No. 3-2000]

(2)

Eves, gutters, cornices and overhangs may project into yards and sky exposure planes but shall not exceed one foot.[1]

[1]

Editor's Note: See the Sky Exposure Plane Diagrams included as an attachment to this chapter.

(3)

Chimneys may project into side and rear yards no more than 24 inches and may project into sky exposure planes.

Screening and location of air-conditioning equipment and built-in stationary backup generators. Air-conditioning, built-in natural gas generators and other exterior-mounted mechanical equipment shall not be located in the front of dwellings. Such equipment shall be fully screened with evergreen landscape material and shall not be visible from the street or adjoining properties and shall be installed in accordance with recommended industry standards. Additionally, generators, specifically, shall maintain all required side-yard setbacks.

[Amended 2-4-2013 by L.L. No. 3-2013]

Maximum paving of front yard. No front yard shall be paved for driveways, parking, walks or patios in excess of 30% of the total front yard area.

Curb cuts. The number of curb cuts shall be limited to one, unless the street frontage exceeds 150 feet, in which case the maximum number of curb cuts shall not exceed two. No curb cut shall exceed 16 feet in width. A small corner curb radius (flare out) of no more than 18 inches shall be permitted to eliminate a sharp corner bend in the curbline.

[Amended 11-6-2000 by L.L. No. 3-2000; 8-5-2019 by L.L. No. 7-2019]

Driveway entrance piers shall require a building permit and are subject to Architecture Review Board review, and shall not be installed on a Village right-of-way or within the bed of the Village street. Freestanding piers shall not exceed the heights as listed below:

District	Maximum Height (feet)
R-1	7
R-2	5
R-3	3
R-4	3
R-5 through R-7	2

Bulk storage is prohibited. Bulk storage of flammable materials in quantities of 10 gallons or more is prohibited. Flammable materials in quantities of less than 10 gallons shall be stored in accessory buildings.

[Amended 11-6-2000 by L.L. No. 3-2000]

Nothing contained in this chapter shall be construed to make a previously conforming residential building lot nonconforming by reason that its area or street frontage fails to comply with the provisions of this chapter.

[Added 4-1-2002 by L.L. No. 2-2002]

Garages in a basement or cellar level shall be located with the garage doors facing the rear yard or side yard.

[Added 6-7-2004 by L.L. No. 2-2004]

Floor area ratio.

[Added 6-7-2004 by L.L. No. 2-2004; amended 8-1-2017 by L.L. No. 13-2017]

(1)

Notwithstanding the maximum allowable FAR requirements for each zoning district, the maximum gross floor area permitted in any residential district shall be as follows:

Lot Area	Maximum Floor Area
Less than 10,000 square feet	3,600 square feet
Less than 12,500 square feet	4,000 square feet
Less than 15,000 square feet	4,200 square feet
Less than 18,000 square feet	4,500 square feet
Less than 22,000 square feet	5,060 square feet
Less than 1 acre	7,187 square feet
1 acre or greater	0.165 times lot area

(2)

The FAR may be reduced by the inclusion of open front and rear porches and porticos up to an aggregate of 10% of the total built FAR.

Fireworks displays and exhibitions have been determined to be disruptive to peace and tranquility within the Village, and accordingly, fireworks displays or exhibitions of any kind are prohibited within the Village unless a special exception permit shall have been issued by the Board of Trustees after public hearings thereon; permit fees therefor shall be established by resolution of the Board.

[Added 12-4-2006 by L.L. No. 4-2006]

No retaining wall or driveway or walkway that adjoins a residential property shall be located within four feet of a property line.

[Added 10-1-2012 by L.L. No. 4-2012; amended 10-1-2018 by L.L. No. 12-2018]

Where a utility meter is mounted separately in a side or rear yard, there must be a minimum four-foot setback from the property line. Additionally, such equipment must be screened from neighboring properties.

[Added 5-7-2018 by L.L. No. 5-2018]

A home occupation shall be a permitted use in all residential districts.

[Added 10-4-2021 by L.L. No. 4-2021]

§ 240-7 Residence R-1 District.

[Amended 1-12-1959; 12-2-1975 by L.L. No. 4-1975; 7-10-1978 by L.L. No. 4-1978; 6-4-1979 by L.L. No. 3-1979; 7-6-1992 by L.L. No. 6-1992; 11-10-1999 by L.L. No. 3-1999]

In a Residence R-1 District the following regulations shall apply:

Uses. No building shall be erected, altered, remodeled, used or maintained and no lot or premises shall be used except for one or more of the following purposes:

(1)

A detached, single-family dwelling, with a two-, three- or four-car private noncommercial garage, used exclusively for residential purposes.

(2)

(Reserved)[1]

[1]

Editor's Note: Former Subsection A(2), regarding home occupations, was repealed 10-4-2021 by L.L. No.4-2021.

(3)

(Reserved)[2]

[2]

Editor's Note: Former Subsection A(3), regarding real estate signage, was repealed 9-8-2009 by L.L. No. 17-2009.

(4)

Accessory uses customarily incident to the above uses and located on the same lot with them, including gardening, nurseries and greenhouses, provided that such use is not for the sale of the products and provided that there is no display of the products and no advertising. Except as above provided, accessory uses shall not include business uses or any billboards or advertising signs. No use which is objectionable or detrimental to the well-being or harmonious character of the neighborhood shall be permitted.

(a)

A fence or other structure deemed by the Board of Appeals to be designed primarily to cause annoyance or damage to an adjoining owner shall in no case be permitted as an accessory use.

(b)

One tennis court or elevated court may be constructed as an accessory use to a one-family dwelling located on the same lot and in conformance with Chapter 212, Tennis and Other Courts.

No building shall be constructed on a lot with an area of less than one acre.

The maximum lot coverage shall not exceed 15% of the lot area. The maximum floor area ratio shall be 0.165. The sky exposure plane shall be 1.0.[3]

[Amended 11-6-2000 by L.L. No. 3-2000; 6-7-2004 by L.L. No. 3-2004]

[3]

Editor's Note: See the Sky Exposure Plane Diagrams included as an attachment to this chapter.

There shall be a front yard, the depth of which shall be at least 85% of the average setback of two adjoining properties to each side of the property line plus five houses across the street and in no case less than 60 feet.

[Amended 11-6-2000 by L.L. No. 3-2000]

There shall be a rear yard, the depth of which, except as otherwise provided in this section, shall not be less than 25 feet.

There shall be two side yards, one on each side of the main or accessory building, the aggregate width of which shall be at least 60 feet. Neither side yard shall be less than 20 feet. In the case of a corner lot, the side yard adjacent to the side street shall have a depth of at least 60 feet.

[Amended 7-11-2016 by L.L. No. 7-2016]

No building in the R1 Zone shall exceed 35 feet in height.

[Amended 8-1-2017 by L.L. No. 13-2017]

No building shall be erected on any lot having a street frontage of less than 100 feet.

Accessory buildings and structures.

(1)

Accessory buildings and structures must be located in a rear yard, with the exception of built-in natural-gas generators and HVAC equipment, which shall be permitted in a side yard; however, all setback and screening requirements shall apply, and any such building or structure:

[Amended 8-1-2017 by L.L. No. 15-2017]

(a)

Must not be less than 20 feet from each side lot line.

(b)

Must not exceed 12 feet in height at its highest point when measured from the lowest point of the surrounding ground.

(c)

Must not be less than 10 feet from the rear lot line.

(2)

Accessory buildings (but not accessory structures) must not be nearer than 10 feet to the main building.

A private swimming pool shall be permitted in the rear yard of the premises, limited to the personal use of the family of the owner of the principal building or occupant thereof and its house servants and guests, said swimming pool not to be installed, maintained or used except in conformity with the provisions of Chapter 201, Swimming Pools.

§ 240-8 Residence R-2 District.

[Amended 1-12-1959; 7-10-1978 by L.L. No. 4-1978; 6-4-1979 by L.L. No. 3-1979; 7-6-1992 by L.L. No. 6-1992; 11-10-1999 by L.L. No. 3-1999]

In a Residence R-2 District the following regulations shall apply:

No building or structure shall be erected, altered, remodeled, used or maintained and no lot or premises shall be used except for a detached single-family dwelling with a one-, two- or three-car private noncommercial garage used exclusively for residential purposes or for one or more of the other purposes set forth in § 240-7A of this chapter, excluding Subsection A(1) thereof.

No building shall be constructed on a lot with an area of less than 22,000 square feet.

The maximum lot coverage shall not exceed 20% of the lot area. The maximum floor area ratio shall be 0.23. The sky exposure plane shall be 1.33.[1]

[Amended 11-6-2000 by L.L. No. 3-2000; 6-7-2004 by L.L. No. 4-2004]

[1]

Editor's Note: See the Sky Exposure Plane Diagrams included as an attachment to this chapter.

[Amended 11-6-2000 by L.L. No. 3-2000]

There shall be a rear yard, the depth of which, except as otherwise provided in this section, shall not be less than 25 feet. On a corner lot, accessory buildings and structures must be located in the rear and/or side yards, as per 240 Attachment 4.

[Amended 10-4-2021 by L.L. No. 5-2021]

There shall be two side yards, one on each side of the main or accessory building, the aggregate width of which shall be at least 35 feet. Neither side yard shall be less than 15 feet. In the case of a corner lot, a building shall be required to comply with the front yard restrictions on both street fronts.

No building in the R2 Zone shall exceed 35 feet in height.

[Amended 8-1-2017 by L.L. No. 13-2017]

No building shall be erected on any lot having a street frontage of less than 100 feet.

Accessory buildings and structures.

(1)

[Amended 8-1-2017 by L.L. No. 15-2017]

(a)

Must not be less than 15 feet from each side lot line.

(b)

Must not exceed 12 feet in height at its highest point when measured from the lowest point of the surrounding ground.

(c)

Must not be less than 10 feet from the rear lot line.

(2)

Accessory buildings (but not accessory structures) must not be nearer than 10 feet to the main building.

§ 240-9 Residence R-3 District.

[Added 11-10-1999 by L.L. No. 3-1999]

In a Residence R-3 District the following regulations shall apply:

No building shall be constructed on a lot with an area of less than 18,000 square feet, except that nothing herein contained shall be construed to make a previously conforming building lot, situate in an R-3 District, nonconforming by reason of the adoption of this section.

[Amended 11-6-2000 by L.L. No. 3-2000]

The maximum lot coverage shall not exceed 20% of the lot area. The maximum floor area ratio shall be 0.24. The sky exposure plane shall be 1.33.[1]

[Amended 11-6-2000 by L.L. No. 3-2000; 6-7-2004 by L.L. No. 5-2004]

[1]

Editor's Note: See the Sky Exposure Plane Diagrams included as an attachment to this chapter.

[Amended 11-6-2000 by L.L. No. 3-2000]

[Amended 10-4-2021 by L.L. No. 5-2021]

There shall be two side yards, one on each side of the main or accessory building, the aggregate width of which shall be at least 30 feet. Neither side yard shall be less than 10 feet. In the case of a corner lot, a building shall be required to comply with the front yard restrictions on both street fronts.

[Amended 11-6-2000 by L.L. No. 3-2000]

No building in the R3 Zone shall exceed 32 feet in height.

[Amended 8-1-2017 by L.L. No. 13-2017]

No building shall be erected on any lot having a street frontage of less than 100 feet.

Accessory buildings and structures.

(1)

[Amended 8-1-2017 by L.L. No. 15-2017]

(a)

Must not be less than 10 feet from each side lot line.

(b)

Must not exceed 12 feet in height at its highest point when measured from the lowest point of the surrounding ground.

(c)

Must not be less than 10 feet from the rear lot line.

(2)

Accessory buildings (but not accessory structures) must not be nearer than 10 feet to the main building.

§ 240-10 Residence R-4 District.

[Amended 1-12-1959; 7-10-1978 by L.L. No. 4-1978; 6-4-1979 by L.L. No. 3-1979; 7-6-1992 by L.L. No. 6-1992; 11-10-1999 by L.L. No. 3-1999]

In a Residence R-4 District the following regulations shall apply:

No building shall be constructed on a lot with an area of less than 15,000 square feet.

The maximum lot coverage shall not exceed 25% of the lot area. The maximum floor area ratio shall be 0.28. The sky exposure plane shall be 2.0.[1]

[Amended 11-6-2000 by L.L. No. 3-2000; 6-7-2004 by L.L. No. 6-2004]

[1]

Editor's Note: See the Sky Exposure Plane Diagrams included as an attachment to this chapter.

[Amended 11-6-2000 by L.L. No. 3-2000]

[Amended 10-4-2021 by L.L. No. 5-2021]

No building in the R4 Zone shall exceed 32 feet in height.

[Amended 8-1-2017 by L.L. No. 13-2017]

No building shall be erected on any lot having a street frontage of less than 100 feet.

Accessory buildings and structures.

(1)

[Amended 8-1-2017 by L.L. No. 15-2017]

(a)

Must not be less than 10 feet from each side lot line.

(b)

Must not exceed 12 feet in height at its highest point when measured from the lowest point of the surrounding ground.

(c)

Must not be less than 10 feet from the rear lot line.

(2)

Accessory buildings (but not accessory structures) must not be nearer than 10 feet to the main building.

§ 240-11 Residence R-5 District.

[Amended 1-12-1959; 7-10-1978 by L.L. No. 4-1978; 6-4-1979 by L.L. No. 3-1979; 7-6-1992 by L.L. No. 6-1992; 11-10-1999 by L.L. No. 3-1999]

In a Residence R-5 District the following regulations shall apply:

No building shall be constructed on a lot with an area of less than 12,500 square feet.

The maximum lot coverage shall not exceed 30% of the lot area. The maximum floor area ratio shall be 0.32. The sky exposure plane shall be 2.0.[1]

[Amended 11-6-2000 by L.L. No. 3-2000; 6-7-2004 by L.L. No. 7-2004]

[1]

Editor's Note: See the Sky Exposure Plane Diagrams included as an attachment to this chapter.

[Amended 11-6-2000 by L.L. No. 3-2000]

[Amended 10-4-2021 by L.L. No. 5-2021]

There shall be two side yards, one on each side of the main or accessory building, the aggregate width of which yards shall be at least 30 feet. Neither side yard shall be less than 10 feet wide. In the case of a corner lot, a building shall be required to comply with the front yard restrictions on both street fronts.

No building in the R5 Zone shall exceed 32 feet in height.

[Amended 8-1-2017 by L.L. No. 13-2017]

No building shall be erected on any lot having a street frontage of less than 75 feet.

Accessory buildings and structures.

(1)

[Amended 8-1-2017 by L.L. No. 15-2017]

(a)

Must not be less than 10 feet from each side lot line.

(b)

Must not exceed 12 feet in height at its highest point when measured from the lowest point of the surrounding ground.

(c)

Must not be less than 10 feet from the rear lot line.

(2)

Accessory buildings (but not accessory structures) must not be nearer than 10 feet to the main building.

§ 240-12 Residence R-6 District.

[Added 11-10-1999 by L.L. No. 3-1999]

In a Residence R-6 District the following regulations shall apply:

No building or structure shall be erected, altered, remodeled, used or maintained and no lot or premises shall be used except for a detached single-family dwelling with a one- or two-car private noncommercial garage used exclusively for residential purposes or for one or more of the other purposes set forth in § 240-7A of this chapter, excluding Subsection A(1) thereof.

No building shall be constructed on a lot with an area of less than 10,000 square feet, except that nothing herein contained shall be construed to make a previously conforming building lot, situate in an R-6 District, nonconforming by reason of the adoption of this section.

[Amended 11-6-2000 by L.L. No. 3-2000]

The maximum lot coverage shall not exceed 30% of the lot area. The maximum floor area ratio shall be 0.36. The sky exposure plane shall be 2.0.[1]

[Amended 11-6-2000 by L.L. No. 3-2000; 6-7-2004 by L.L. No. 8-2004]

[1]

Editor's Note: See the Sky Exposure Plane Diagrams included as an attachment to this chapter.

[Amended 11-6-2000 by L.L. No. 3-2000]

[Amended 10-4-2021 by L.L. No. 5-2021]

There shall be two side yards, one on each side of the main or accessory building, the aggregate width of which shall be at least 25 feet. Neither side yard shall be less than 10 feet wide. In the case of a corner lot, a building shall be required to comply with the front yard restrictions on both street fronts.

[Amended 1-7-2019 by L.L. No. 1-2019]

No building in the R6 Zone shall exceed 30 feet in height.

[Amended 8-1-2017 by L.L. No. 13-2017]

No building shall be erected on any lot having a street frontage of less than 75 feet.

Accessory buildings and structures.

(1)

[Amended 8-1-2017 by L.L. No. 15-2017]

(a)

Must not be less than eight feet from each side lot line.

(b)

Must not exceed 12 feet in height at its highest point when measured from the lowest point of the surrounding ground.

(c)

Must not be less than 10 feet from the rear lot line.

(2)

Accessory buildings (but not accessory structures) must not be nearer than 10 feet to the main building.

§ 240-13 Residence R-7 District.

[Amended 1-12-1959; 7-10-1978 by L.L. No. 4-1978; 6-4-1979 by L.L. No. 3-1979; 7-6-1992 by L.L. No. 6-1992; 11-10-1999 by L.L. No. 3-1999]

In a Residence R-7 District the following regulations shall apply:

No building shall be constructed on a lot with an area of less than 7,500 square feet.

The maximum lot coverage shall not exceed 30% of the lot area. The maximum floor area ratio shall be 0.42. the sky exposure plane shall be 2.5.[1]

[Amended 11-6-2000 by L.L. No. 3-2000; 6-7-2004 by L.L. No. 9-2004]

[1]

Editor's Note: See the Sky Exposure Plane Diagrams included as an attachment to this chapter.

[Amended 11-6-2000 by L.L. No. 3-2000]

[Amended 10-4-2021 by L.L. No. 5-2021]

There shall be two side yards, one on each side of the main or accessory building, the aggregate width of which shall be at least 20 feet. Neither side yard shall be less than eight feet wide. In the case of a corner lot, a building shall be required to comply with the front yard restrictions on both street fronts.

No building in the R7 Zone shall exceed 30 feet in height.

[Amended 8-1-2017 by L.L. No. 13-2017]

No building shall be erected on any lot having a street frontage of less than 75 feet.

Accessory buildings and structures.

(1)

[Amended 8-1-2017 by L.L. No. 15-2017]

(a)

Must not be less than eight feet from each side lot line.

(b)

Must not exceed 12 feet in height at its highest point when measured from the lowest point of the surrounding ground.

(c)

Must not be less than 10 feet from the rear lot line.

(2)

Accessory buildings (but not accessory structures) must not be nearer than 10 feet to the main building.

[2]

Editor's Note: Original §§ 86-12, Livable floor area, and 86-13, Maximum construction size and floor area, which immediately followed this subsection, were deleted 11-10-1999 by L.L. No. 3-1999.

§ 240-14 Merging of lots.

[Added 7-6-1992 by L.L. No. 6-1992; amended 11-10-1999 by L.L. No. 3-1999]

Where two or more lots within different residential districts are combined or merged into a single lot or parcel, the combined lots shall be deemed merged into one lot or building parcel, and any structure existing thereon or thereafter erected, altered or modified shall be deemed situate within the residential zoning district permitting the smaller maximum building area percentage, and all such construction shall comply with the limitations thereof. Any nonconforming uses to which existing structures shall be entitled shall be subject to the provisions of § 240-20 of this chapter.

§ 240-15 Business District.

[Amended 4-3-1972; 12-2-1975 by L.L. No. 2-1975; 12-5-1983 by L.L. No. 3-1983; 11-7-1991 by L.L. No. 12-1991; 7-6-1992 by L.L. No. 6-1992]

Permitted uses. No building or structure shall be erected, altered, used or maintained and no lot or premises shall be used except for the following purposes. All commercial applications shall be subject to site plan review by the Board of Trustees. Once an approval of a site plan review or a special exception use has been granted by the Board of Trustees after a public hearing, construction must begin within six months of the date of approval or the approval may be revoked at the discretion of the Board of Trustees following a notice of hearing.

[Amended 11-10-1999 by L.L. No. 3-1999; 1-3-2018 by L.L. No. 1-2018]

(1)

Use 1. Public uses operated and maintained by a governmental agency.

(2)

Use 2. Semipublic uses operated and maintained by a nonprofit organization.

(3)

Use 3. Retail shops.

(4)

Use 4. Service establishments.

(5)

Use 5. Commercial-recreational uses.

(6)

Use 6. Industrial uses.

(7)

Use 7. Retail repair shops.

(8)

Use 8. Uses by special exception of the Board of Trustees when authorized after a public hearing.

(9)

All commercial applications shall be subject to site plan review by the Board of Trustees.

Prohibited uses.

(1)

The aforementioned permitted uses shall not be deemed to include the following, which are hereby designated as prohibited uses and contrary to the predominantly private one-family residential character of the Village and the health and welfare of its residents:

(a)

A supermarket, shopping center or department store.

(b)

A store or place of business for the sale or distribution of any kind of food at retail for off-premises consumption,

(c)

A discount house or place of business commonly referred to as a "cut-rate store" or the like.

(d)

An auction room.

(e)

A store or place of business for the sale or exhibition of pets, birds, live fish and animals of all kinds or an animal hospital, veterinary establishment or place for the boarding or keeping of pets, birds and other animals.

(f)

A bowling alley, billiard parlor, skating rink, penny arcade or other establishment employing a vending machine or machines or other similar mechanically coin-operated devices that automatically deliver goods or render services or entertainment of any kind.

(g)

A catering establishment.

(h)

A motel.

(i)

A hospital, clinic or nursing home.

(j)

A luncheonette, diner or bar and grill. This prohibition shall not limit, affect or otherwise curtail the use of premises as a bona fide restaurant, selling or dispensing wines, liquors and beer for on-premises consumption as permitted by law.

(k)

Any open-front store or stand, except a nursery, or any other open-front place of business or any place of business that maintains an outdoor display or storage of merchandise or food of any kind.

(l)

A discotheque, nightclub, adult entertainment establishment or the like.

(m)

A massage parlor or similar types of establishments.

(n)

An off-track betting (OTB) parlor or any place or building where the public is invited to bet or gamble in any form.

(o)

A multiple dwelling or apartment house or residential construction of any kind.

(p)

A public garage, automobile service station, automobile repair shop, automobile storage building or place, except as off-street parking facilities for vehicles or private garage facilities as are expressly otherwise required or permitted by this chapter, or any building or place for the sale of gasoline or oil, except that an automobile sales room may store and display automobiles for sale.

(q)

An establishment dealing in secondhand articles, including but not limited to old precious metals, coins, stamps, currency, firearms, rifles, shotguns, cameras, business machines, musical instruments, motors, electronic equipment or any items pledged in pawn, or that deals in melting metals for the purpose of sale and the like, but excluding automobiles and their parts, pianos, books, rugs, tapestries, artists' renditions, imported secondhand articles offered for first sale within the country, returned items, antiques and the like. It is the intent of this subsection to proscribe the establishment of pawnshops and the like within the Village.

(r)

A store or place of business that offers for sale alcoholic beverages at retail for off-premises consumption.

[Added 3-7-2005 by L.L. No. 2-2005]

(2)

Notwithstanding anything to the contrary set forth in this Subsection B, the prohibited uses set forth in Subsection B(1) (a), (b), (i), (j), (o), (p), and (r) hereof may be permitted in whole or in part, pursuant to Use 8, as may be determined by the Board of Trustees after holding public hearings.

[Amended 2-7-2005 by L.L. No. 3-2005]

Supplementary use provisions.

(1)

Operations indoors. All uses shall be conducted entirely within an enclosed building, except where specifically permitted by special exception pursuant to Use 8.

(2)

Manufacturing.

(a)

Manufacturing prohibition. There shall be no manufacturing, fabrication, processing or assembly, except for the following uses: uses in Subsection A(1) through (6), precision instrument manufacturing and research laboratory.

(b)

Manufacturing as accessory use. Where manufacturing is deemed by the Board of Trustees to be an accessory use, such operation may be permitted, provided that:

[1]

Machinery shall not exceed five horsepower.

[2]

Such use shall not occupy more than 25% of the first floor area.

[3]

The number of employees so engaged shall not exceed five persons.

(3)

Factors of impact. No use shall be permitted which shall result in the transmission of dust, fumes, gas, glare, noise, odor, refuse matter, smoke, vibration or any other factor of impact beyond the lot lines or which shall cause any dangerous, hazardous, noxious or offensive condition.

(4)

Outdoor storage prohibition. There shall be no outdoor storage of any equipment, supplies, machinery, materials or merchandise or outdoor sales, service or display other than required signs, except for off-street parking or gasoline service stations or when permitted as an accessory use by the Board of Trustees, provided that:

(a)

Outdoor storage shall not occupy any required front yard.

(b)

Outdoor storage shall not occupy more than 50% of any rear yard.

(c)

Outdoor storage shall not occupy any side yard adjacent to any residence district nor be closer to any other side lot line than 20 feet.

(d)

The height of any storage shall not exceed six feet.

(e)

Any outdoor storage shall be screened from any residence district by a wall or solid fence of sufficient height to shield effectively, but not to exceed eight feet.

(f)

In no case shall inflammable or explosive materials be stored on the premises.

(5)

Landscaping.

(a)

Wherever a lot in a local Business District is adjacent to any residence district, there shall be provided, erected and maintained, in good order, along the contiguous line separating the properties in the two districts:

[1]

A solid wooden fence with a minimum height of six feet from the ground level on the business zone side, the finished side of said fence to face the premises that are zoned residential.

[2]

Immediately adjacent to such fence, a thick-growth planting screen of evergreen trees, shrubs and other suitable landscaping at least eight feet in height and at least five feet in depth, all on the business-zoned property, in order to provide an effective protective buffer.

(b)

The Board of Appeals may permit suitable fences or walls or any variation in the landscaping provision herein if deemed appropriate or desirable by reason of topography or other site conditions.

(6)

Mixed or combined residential and nonresidential use prohibited. There shall be no mixed or combined use of any building, lot or premises by a residential and nonresidential use, except that the Board of Trustees may authorize living quarters for a caretaker or watchman where such protection of the premises is a necessary and customary element of the business use permitted on the premises. Nothing herein contained shall require the granting of any such application if, in the opinion of the Board, such use would denigrate or otherwise impair the character of the area in which the premises is situate.

(7)

Accessory buildings. Accessory building to house auto parking, air-conditioner or heating systems or equipment and supplies shall be permitted, provided that:

(a)

Such building shall not exceed one story or 12 feet in height.

(b)

It shall not occupy more than 40% of the rear yard.

(c)

It shall not occupy any front yard, nor any side yard adjacent to any residence district, nor any side yard closer than 20 feet to the side lot line where adjacent to any other district.

(d)

It shall not be closer to any rear lot line than 20 feet.

(e)

It shall be included in computing building coverage on the lot.

(f)

It shall be located on the same lot with the principal building.

(g)

It shall not be constructed or occupied until the construction and occupancy of the principal building.

(8)

Similar uses. Where other uses are permitted, in accordance with Use 8, by reason that the use is similar to or the same as other permitted uses, such uses shall comply with all provisions in this chapter required of the use to which the permitted use is deemed the same or similar.

(9)

Gasoline service stations. "Gasoline service station" shall be an area of land, including any building and structure thereon, which is used for the retail sale and direct delivery to motor vehicles of gasoline and oil and the incidental retail sale of auto accessories and minor repairs and services.

(a)

Prohibitions. Repair work shall not include auto body, fender, transmission, clutch, differential, axle, engine overhaul or changing, tire recapping or retreading, mechanical washing, painting or welding.

(b)

All repair work shall be conducted entirely indoors.

(c)

There shall be no outdoor storage of any machinery, equipment, partially dismantled or disabled autos or trucks. In the case of parked cars or cars awaiting service, the area shall be screened from any residence district by a wall or fence of sufficient height to shield effectively, but not exceeding eight feet in height when such area is adjacent to a residence district.

(d)

A gasoline service station shall not be located within 300 feet of the premises or entrance to a school, church, hospital, public library or recreation facility, theater or any other place of public assembly.

(e)

Notwithstanding any other provision in this chapter, the following requirements shall apply to any gasoline service station:

[1]

Minimum lot area: 15,000 square feet.

[2]

Minimum street frontage: 100 feet.

[3]

Maximum building coverage: 25%.

[4]

Maximum building height: one story and/or 20 feet.

[5]

Gasoline islands and pumps: minimum of 20 feet from any street line and minimum of 50 feet from any residence district.

[6]

Storage tanks. Storage tanks for gasoline and oil shall be completely underground, at least 15 feet from any lot line and at least 25 feet from any residence district.

(10)

Accessory uses to hospital, clinic, nursing home or private club. Customary and incidental accessory uses may be permitted as a special exception by the Board of Trustees, after a public hearing, provided that:

(a)

Such use shall include only a restaurant or dining facilities, gift or card shop, drug, barber- or beauty shop or laundry or dry cleaning or similarly customary use.

(b)

The use shall be conducted entirely within the principal building.

(c)

There shall be no external evidence of the use, such as signs, window displays or outside entrances.

(d)

The use shall be completely for the convenience and use of the employees, staff, members or guests of the principal use, and no retail activities shall be carried on.

(e)

Access to the use shall be only from the inside of the principal building.

The following requirements shall be provided by all uses, unless otherwise specified in this chapter:

(1)

Area and building requirements. Area and building requirements shall be as follows:

			Maximum Building Height
Use	Minimum Lot Area (square feet)	Minimum Lot Frontage (feet)	Stories	Feet	Maximum Building Coverage (% of lot)
1	10,000	100	2	30	35
2	15,000	100	2	30	35
3	5,000	50	2	30	40
4	15,000	100	3	35	40
5	15,000	100	2	30	40
6	10,000	100	2	30	50
7	5,000	50	2	30	50
8	15,000	100	2	30	40

(2)

Yard requirements.

(a)

Front yard. There shall be a front yard, the depth of which shall not be less than 20 feet and into which no structure nor paving may encroach, except for a driveway no greater than 20 feet in width which shall provide access to the side and rear yards of the building. A separate driveway for ingress and egress, each limited in width to no more than 14 feet, shall be permitted only where sufficient side yard space exists to avoid encroachment by either driveway into the reserved space or the buffer strip required by the provisions of Subsection D(2)(b) hereof. The front yard shall be fully landscaped with evergreen trees, shrubs, other suitable plantings and grass.

[Amended 5-1-1995 by L.L. No. 1-1995]

(b)

Side yards. There shall be two side yards, one on each side of the main or accessory building, the width of each of which shall be at least 20 feet, including a five-foot landscaped buffer strip, except that where a side yard abuts a residential district, the width thereof shall be either 20 feet or the same as required in such abutting residential district plus 10 feet, including the aforesaid buffer strip, whichever shall be the larger.

(c)

Rear yard. There shall be a rear yard, the depth of which shall not be less than 10 feet, including a five-foot landscaped buffer strip, except that where a rear yard abuts a residential district, the width thereof shall be 35 feet, including the aforesaid buffer strip.

(d)

Buffer strip. As provided in this section, there shall be a landscaped area at least five feet in depth, measured from the boundary line between the residential district and the business district, consisting of trees and/or shrubs so located and of sufficient density as to screen effectively the business district property from the residential district property. In addition to said landscaped area, there shall be erected along the boundary line between said districts a wall or fence at least six feet in height, composed of materials that will block the entire view of the structure in the business district. The application for a building permit or certificate of occupancy shall designate the trees and/or shrubs to be planted and the wall or fence to be erected, and the locations thereof, which plan for such planting and wall or fence erection and the character and nature of such trees, shrubs and wall or fence shall be subject to the approval of the Board of Trustees. Such plantings and the wall or fence shall be continuously maintained thereafter so long as the structure on the business district property shall stand. Such landscaped area shall not be included as part of the area required for off-street parking facilities under this Code but may be considered as part of the rear or side yard.

Off-street parking requirements.

(1)

Schedule of required parking spaces. Off-street parking spaces shall be provided in accordance with the following minimum number:

	Use	Spaces
1	Library, recreation building, museum, art or historical building or school	1 per 4 seats or persons who can be legally accommodated
	Others in use category	1 per 300 square feet of floor area
2	All in use category	1 per 4 seats or persons who can be legally accommodated
3	All in use category	5, plus 1 per 300 square feet of floor area in excess of 2,000 square feet of floor area
4	Office building, medical center, financial institution, bank or professional or business offices	1 per 200 square feet of floor area
	Others in use category	5, plus 1 per 300 square feet of floor area in excess of 2,000 square feet of floor area
5	All in use category	1 per 4 seats or persons who can be legally accommodated
6	All in use category	5, plus 1 per 300 square feet of floor area in excess of 2,000 square feet of floor area
7	All in use category	5, plus 1 per 300 square feet of floor area in excess of 3,000 square feet of floor area
8	Hotel or motel	1 per room, plus 1 per employee
	Restaurant	1 per 4 seats or persons who can be legally accommodated, plus 1 per employee
	Hospital or nursing home	1 per bed, plus 1 per employee
	Medical or dental clinic	1 per 200 square feet of floor area
	Telephone exchange	1 per 200 square feet of building area
	Research laboratory	1 per 300 square feet of floor area
	Others in use category	1 per 250 square feet of floor area

(2)

Paving. Any parking area and access driveways shall be paved with a hard, dustless surface and maintained in such condition as to eliminate dust, dirt and mud.

(3)

Parking spaces. Each parking space shall have an area of at least 10 feet by 20 feet, accessible by a driveway or aisle at least 14 feet in width if used in a one-way direction and 20 feet in width if used for two-way circulation, and shall be located on the same lot with the use to which it is appurtenant and have direct access to a public street.

[Amended 11-10-1999 by L.L. No. 3-1999]

(4)

Illumination. Each parking area shall be provided with low, shielded (mushroom) lighting, so arranged as to direct light away from adjoining lots or streets.

(5)

Drainage. Adequate drainage shall be provided so that surface water will not drain onto or across any sidewalk, curb, street or abutting property.

(6)

Off-street loading and unloading shall be provided for by adequate space in any case where such activity is a necessary part of any use. In any case, any building with more than 15,000 square feet of floor area shall provide one off-street loading-unloading space on the same lot, such space to measure at least 10 feet in width, 25 feet in length and 15 feet in height clearance.

(7)

Any off-street parking area located in a rear or side yard which is adjacent to any residence district shall provide a thick-growth planting screen, between six and eight feet in height and at least five feet in depth, sufficient to form a protective buffer. The Board of Appeals may permit suitable fencing or walls or any variation in the landscaping if deemed appropriate or desirable by reason of topography or other site conditions.

(8)

No off-street parking area shall be permitted within the minimum front yard as provided in Subsection D hereof.

(9)

Substructure parking.

[Amended 7-12-1993 by L.L. No. 4-1993; 5-1-1995 by L.L. No. 2-1995]

(a)

Where parking is provided either below ground level or underneath a structure, sufficient ground-level space, exclusive of that provided underneath the structure, shall be allocated to comply with the parking area requirements and limitations of this Code.

(b)

Where parking is provided either below ground level or underneath a structure, for every three spaces provided substructure, one ground-level space shall be eliminated.

(c)

Wherever substructure parking shall exist, ground-level space sufficient to comply with the minimum surface parking requirements of this Code, exclusive of the space allocated for setbacks and notwithstanding any surface parking space reductions required by this section, shall be reserved, landscaped and maintained with trees, shrubs, other appropriate plantings and grass.

(d)

A building of no more than two stories that has substructure parking and does not exceed 28 feet in total building height may have its total building area increased by an amount not exceeding 30% of the area to which it has been limited if the total building area has been limited to less than the permitted maximum because of the reservation of ground-level space, as provided in Subsection E(9)(c) hereof. The total parking area provided by any such building shall comply with all off-street parking requirements of this chapter. Nothing herein contained shall be construed to permit an encroachment into any area reserved for setbacks.

§ 240-16 Area requirements for business districts.

[Amended 7-6-1992 by L.L. No. 6-1992]

Unless otherwise designated on the Zoning Map, business districts shall extend 150 feet back from the street or streets on which they front. Where a rear lot line is more than 150 feet distant from the street line, said districts may extend back such additional distance over 150 feet, but not over 200 feet, from the street line. On side streets intersecting business districts, business districts shall extend 200 feet back from the street line on which the business district fronts.

§ 240-17 Municipal and Public District.

[Amended 12-10-1962; 7-6-1992 by L.L. No. 6-1992; 11-10-1999 by L.L. No. 3-1999]

In a Municipal and Public District the following regulations shall apply:

No building or structure shall be erected, altered, remodeled, used or maintained and no lot or premises shall be used except for one or more of the purposes set forth in § 240-7A of this chapter and the following:

(1)

A church or other building used exclusively as a house of worship.

(2)

A school building owned, operated and maintained by a duly constituted school district.

(3)

A public library or public, nonprofit art gallery or museum.

(4)

A public firehouse.

(5)

A recreational area for Village municipal purposes or for the purposes of any membership corporation to which all owners of property in the residence districts are eligible for membership.

(6)

A water tower, storage tank, pumping station, well or other auxiliary water district purposes.

(7)

Village municipal purposes and uses.

No building shall be constructed on a lot of an area less than 7,500 square feet.

The building area shall not exceed 45% of the lot area, except that with respect to the uses permitted by the provisions of Subsection A(1), (2), (3), (4) and (6) of this section, notwithstanding any other provision of this Code, the building area shall not exceed 33% of the lot area, and the maximum floor area of any structure permitted hereunder shall not exceed the product of 1.5 times the maximum permitted building area.

There shall be a front yard the depth of which shall not be less than 30 feet.

There shall be a rear yard the depth of which shall not be less than 10 feet.

Height. No structure shall be erected or altered which shall have a height of more than 2 1/2 stories above the ground level or which shall have a height in excess of 35 feet, whichever is less.

[Amended 11-6-2000 by L.L. No. 3-2000]

None of the uses listed in Subsection A(1) through (6), inclusive, shall be permitted within 1/4 mile of each other.

With respect to the uses permitted by the provisions of Subsection A(1) through (6), inclusive, of this section, in which public patronage is invited or may be anticipated, notwithstanding any other provision of this Code, no building permit or certificate of occupancy shall be issued for any such use unless the Village Board shall first have approved said use in respect to the following:

(1)

The streets available for access to such use and the adequacy of on-street parking.

(2)

The suitability and adequacy of the site for the intended use and as to the location and arrangement of buildings, open spaces and driveways.

(3)

The proper and facilitated movement of traffic through and the circulation of traffic within the Village, including any anticipated traffic congestion or increase thereof that may occur.

Prior to permitting any use permitted pursuant to the provisions of Subsection A of this section, the Board of Trustees shall hold public hearings thereon.

§ 240-18 Hospital District.

[Added 11-10-1999 by L.L. No. 3-1999]

In a Hospital District the following regulations shall apply:

No building or structure shall be erected, altered, remodeled, used or maintained and no lot or premises shall be used except for the following:

(1)

A hospital or sanitarium, other than those for infectious or contagious diseases or insanity or mental diseases or liquor or drug addiction.

The total building area occupied by all buildings now standing or hereafter erected in the district, whether at, above or below grade, shall not exceed 1,017,271 gross square feet of building area, nor shall the total building coverage exceed 36.2% of the entire area of the district.

[Added 11-7-2005 by L.L. No. 5-2005]

No additions, changes, modifications, alterations or improvements that will affect the footprint, height or bulk of any building may be made without the prior approval of the Board of Trustees.

[Added 11-7-2005 by L.L. No. 5-2005]

Any landscaping plan that has been approved by the Village shall be maintained in accordance therewith, and replacement landscaping shall be implemented to maintain perimeter or other screening in accordance with a Village-approved plan.

[Added 11-7-2005 by L.L. No. 5-2005]

The following shall apply to water resources:

[Added 11-7-2005 by L.L. No. 5-2005]

(1)

Annual consumption in the district shall not exceed 6.6 million gallons.

(2)

Public water shall not be used for irrigation purposes.

(3)

All water fixtures, after March 4, 2006, shall be low-flow fixtures.

(4)

Discharge of liquid sanitary waste on site is prohibited.

(5)

Catch basins and dry wells, as approved by the Village, shall be maintained capable of storing not less than two inches of rainfall on site, and where erosion or stormwater runoff onto neighboring properties shall exist, catch basin requirements may be modified by the Village, and the construction of new or additional catch basins or dry wells may be imposed after a public hearing before the Board of Trustees.

Traffic and parking requirements shall be as follows:

[Added 11-7-2005 by L.L. No. 5-2005]

(1)

St. Francis Hospital shall limit employee parking exclusively to the North Garage.

(2)

St. Francis Hospital shall maintain no fewer than 307 visitor parking spaces in the East Garage.

(3)

Hospital facilities shall provide visitor valet-parking services for visitors who do not use underground garage facilities.

(4)

All underground garage facilities shall have white-painted walls, and garage lighting shall be approved by the Village.

(5)

All underground garage facilities shall be patrolled regularly by security personnel in accordance with a Village-approved plan, and shall have installed "panic button" alarms and security cameras on each level.

(6)

Hospital facilities shall prohibit the use of the uppermost level of underground parking facilities between the hours of 9:00 p.m. and 6:00 a.m.

Life-quality maintenance shall include the following:

[Added 11-7-2005 by L.L. No. 5-2005]

(1)

All solid waste shall be bagged for disposal and deposited in closed containers that are regularly sanitized in the loading dock area and regularly removed from the premises.

(2)

Trash receptacles shall be maintained by hospital facilities at bus stops surrounding the facility.

(3)

Trash on campus shall be collected and disposed of daily, Mondays through Saturdays.

(4)

Hospital facilities shall prevent odors and other air-quality deterioration from affecting surrounding public areas.

(5)

Noise barrier walls, as required by the Village, shall be maintained.

(6)

Exterior mechanical equipment shall be enclosed in sound-reducing enclosures, which shall be approved by the Village.

(7)

Except for emergency deliveries of blood, medical equipment or supplies for emergency patient needs, and except for mortuary services, loading-dock activity shall be limited to weekdays between the hours of 8:00 a.m. and 4:00 p.m.

The restrictive covenants, adopted October 4, 2004, and recorded in the office of the Clerk of the County of Nassau on October 5, 2004, at Liber D11854, pages 153 et seq., are herein enacted for enforcement hereunder, as if fully set forth herein at length, and a copy thereof for public review shall be maintained and available at Village Hall.

[Added 11-7-2005 by L.L. No. 5-2005]

§ 240-19 Off-street parking provisions for public places.

[Amended 3-10-1958]

No building or structure used or intended to be used or occupied as a municipal building, church, public school, library, art gallery, public museum, office building, hotel, restaurant or theater or for any other public or quasi-public use shall be erected, altered, raised, remodeled or maintained unless and until adequate provision, reasonably commensurate with the use or the intended use of such building or structure, shall have been made for the off-street parking, on the same lot or plot, of automobiles and for safety in case of fire or other calamity. No permit shall be issued with respect to any such building until the provision for off-street parking on the same lot or plot and other space to be used in connection therewith shall have been approved by the Board of Trustees.