This chapter shall be known and may be cited
as the "Building Zone Ordinance of the Village of Lawrence."
A.
Words used in the present tense include the future,
the singular number includes the plural, and the plural number includes
the singular.
B.
ACCESSORY BUILDING
ACCESSORY USE
ADULT BOOKSTORE
ADULT DRIVE-IN THEATER
ADULT ENTERTAINMENT CABARET
ADULT MOTEL
ADULT THEATER
ALTERATION
ATTIC
BASE PLANE
BUILDING
BUILDING AREA
CLUB
CORNER LOT
CURB
DWELLING
EXTERIOR WALL HEIGHT
FAMILY
FLEA MARKET
FRONT YARD
HEIGHT OF BUILDING or BUILDING HEIGHT
HEIGHT/SETBACK RATIO
LOT
MASSAGE ESTABLISHMENT
MEAN GRADE LEVEL
MULTIPLE DWELLING
PEEP SHOWS
PRIVATE GARAGE
PUBLIC GARAGE
REAR YARD
RECREATIONAL STRUCTURES
REQUIRED YARD
SCHOOL
SIDE YARD
SIGN
STORY
STREET
STREET FRONTAGE
STREET LINE
STRUCTURE
SURFACE COVERAGE
TRELLIS
TWO-FAMILY DWELLING
USE
WINDOW SIGN
YARD
Certain words in this chapter are defined for the
purpose thereof as follows:
Includes every building devoted solely to an accessory use.
It does not include any portion of the main or principal building
which is devoted to an accessory use. If such a building or use is
not located on the same lot as that of the building or use to which
it is accessory, it is not an "accessory building" or use and must
comply with the regulations applicable to a principal building or
use.
Includes every use customarily incident to the principal
building or use, and includes all of the uses specified as accessory
elsewhere in this chapter. If such a use is not located on the same
lot as that of the building or use to which it is accessory, it is
not an "accessory use" and must comply with the regulations applicable
to a principal building or use.
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, other periodicals, film, slides
and videotapes and which establishment is customarily not open to
the public generally but excludes any minor by reason of age.
[Added 6-9-1993 by L.L. No. 3-1993]
A drive-in theater that customarily presents motion pictures
and that is not open to the public generally but excludes any minor
by reason of age.
[Added 6-9-1993 by L.L. No. 3-1993]
A public or private establishment which presents topless
dancers, strippers, male or female impersonators or exotic dancers
or other similar entertainments and which establishment is customarily
not open to the public generally but excludes any minor by reason
of age.
[Added 6-9-1993 by L.L. No. 3-1993]
A motel which is not open to the public generally but excludes
minors by reason of age or which makes available to its patrons in
their rooms films, slideshows or videotapes which, if presented in
a public movie theater, would not be open to the public generally
but would exclude any minor by reason of age.
[Added 6-9-1993 by L.L. No. 3-1993]
A theater that customarily presents motion pictures, films,
videotapes or slideshows and that is not open to the public generally
but excludes any minor by reason of age.
[Added 6-9-1993 by L.L. No. 3-1993]
As applied to any building or structure, means any change
or rearrangement in the structural parts or exterior wall or framework
of existing facilities. It includes any enlargement, whether by extending
any side, front or rear building line or by increasing any height
or by moving from one location or position to another. It also includes
the enclosure of a space previously open, such as the enclosure of
an open porch or patio or the construction of a roof over it.
Space between the top of uppermost floor construction and
underside of roof.
[Added 9-13-1995 by L.L. No. 8-1995]
The mean elevation of the crown of the street along the front
yard of a property on which a building is situated.
[Added 11-10-2016 by L.L.
No. 2-2016]
Any structure, including those prefabricated, having a roof supported by columns or walls, constructed of materials, including, but not limited to, wood, metal or plastic, and intended for the shelter, housing or enclosure of persons, animals, chattels or any use, including accessory uses. For purposes of setback regulations, with the exception of §§ 212-35C and 212-35D, uncovered porches and decks will be defined as buildings.
[Amended 1-8-1997 by L.L. No. 1-1997; 3-10-1999 by L.L. No. 3-1999; 6-9-2022 by L.L. No. 4-2022]
The maximum horizontal cross-sectional area of all buildings
on a lot, excluding uncovered porches and decks; trellises; bay windows
and other similar architectural features which are not more than six
feet in height and do not project more than 18 inches; and eaves,
gutters and chimneys projecting not more than 30 inches.
[Amended 1-8-1997 by L.L. No. 1-1997; 3-9-2023 by L.L. No. 2-2023]
A nonprofit organization or corporation or one owned and
operated by a membership corporation or an unincorporated association
for social, musical, dramatic, literary, artistic, gardening, yachting,
boating, hunting, shooting, fishing, bathing, golf, tennis, squash,
racquets or other lawful sporting purposes, excepting and not including
an athletic organization, a political organization, a day camp, a
youth house, a club for boys or girls, an organization for the improvement
of the social, mental, moral or physical condition of children or
of young men and women or an organization the chief activity of which
is a service customarily carried on as a business.
A parcel of land at the junction of two or more intersecting
streets.
Established elevation of the curb directly in front of or
surrounding subject premises. Where no curb exists, the lowest established
elevation of the edge of the street is used.
[Added 6-8-1994 by L.L. No. 1-1994]
A place of abode of one or more families. It does not include
a housecoach or a trailer used or designed to be used in connection
with a motor vehicle.
The vertical height of an exterior wall of a building or
structure measured from the base plane to the underside of the eaves.
[Added 11-10-2016 by L.L.
No. 2-2016]
A group of persons, including servants or employees, forming
a single housekeeping unit. It does not include a boarder or lodger,
each of whom shall be regarded as a separate "family" and who are
permitted only in districts that allow more than one family. Where
there is more than one kitchen, there is presumptively more than one
family.
A sale or exchange of tangible personal property of every
kind and description or of services or repairs to such personal property
conducted at a location where there are multiple vendors who have
paid a fee or charge or who have been allowed to occupy indoor or
outdoor space without charge, for the privilege and purpose of displaying
or selling items of tangible personal property or furnishing services
or repairs thereto, all for a price or consideration, where such conduct
is available to the general public.[1]
[Added 2-13-1992 by L.L. No. 1-1992]
A yard extending across the full width of the lot and lying
between the front lot line and the nearest point of the building.
In the case of a lot where the front lot line is nearer than 10 feet
to the front curbline, the front yard shall be measured from a line
located 10 feet in from the front curbline.[2]
[Amended 1-8-1997 by L.L. No. 1-1997; 1-13-2004 by L.L. No. 4-2004]
The vertical distance from the base plane to the highest
point of the roof. A pitched roof is a roof with a slope of three
to 12 or greater.
[Amended 6-8-1994 by L.L. No. 1-1994; 1-8-1997 by L.L. No. 1-1997; 12-12-2001 by L.L. No. 4-2001; 11-10-2016 by L.L. No. 2-2016]
A calculation designed to regulate the height of a building
in relation to its setback from a lot line. It is in the form of an
inclined plane beginning at the lot line from which the setback is
being measured and rising toward the building at the ratio specified
in this chapter. The mean grade along the foundation of that wall
of the building nearest the lot line shall be the base elevation for
measurement purposes. No part of any building, other than minor architectural
features such as chimneys, skylights and dormer windows not covering
more than 10% of the roof area shall be permitted to extend above
said inclined plane. The graphic sketches located at the end of this
chapter illustrate the application of the height/setback ratio to
hypothetical lots in the 20,000 to 29,999 and 9,000 to 11,999 square
foot lot size ranges.
[Added 1-8-1997 by L.L. No. 1-1997]
A parcel of land occupied or designed to be occupied by one
main building or use and the accessory building or uses customarily
incident to it, including such open spaces as are arranged or designed
to be used in connection with such building or use. It includes the
word "plot." A "lot" may or may not be the land shown as a separate
parcel on a duly filed map, Tax Map or developer's diagram. All adjoining
parcels of property now or hereafter held in common ownership, regardless
of the nature of the constituent parcels or the date, source or manner
of acquisition, shall be deemed merged into a single lot and shall
be subject to the provisions of this chapter to the same effect as
if they had constituted a single lot at the date this chapter was
adopted.
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home or medical clinic or
the office of a physician, surgeon, chiropractor, osteopath or duly
licensed physical therapist or barbershops or beauty salons in which
massages are administered only to the scalp, face, neck or shoulders.
The definition also shall exclude health clubs which have facilities
for physical exercise, such as tennis courts, racquetball courts or
exercise rooms and which do not receive their primary source of revenue
through the administration of massages.[3]
[Added 6-9-1993 by L.L. No. 3-1993]
The mean final grade or mean existing grade as of the date
of the adoption of this definition, whichever is lower, measured around
the entire foundation of the building.
[Added 1-8-1997 by L.L. No. 1-1997]
A dwelling which is occupied as the abode, residence or home
of three or more families living independently of each other.
A theater which presents material in the form of live shows,
films or videotapes viewed from an individual enclosure, for which
a fee is charged and which is not open to the public generally but
excludes any minor by reason of age.
[Added 6-9-1993 by L.L. No. 3-1993]
A building used for the storage of one or more automobiles
owned and used by the owner or tenant of the lot on which it is erected,
for a purpose accessory to the use of the lot.
A building, other than a private garage, one or more stories
in height, used for the storage, servicing or repair of automobiles.
[4]A yard extending across the full width of the lot and lying
between the rear lot line and the nearest point of the principal building.
[Amended 1-8-1997 by L.L. No. 1-1997]
Tennis courts, paddle tennis courts, handball courts, basketball
courts and facilities of similar character, including all adjacent
man-made surfaces and the required fencing accessory to the use of
such facility.
[Added 1-8-1997 by L.L. No. 1-1997]
The portion of the yard lying within the minimum limits provided
by this chapter for the district in which the lot is situated.
An institution of learning chartered by the State Board of
Regents. It does not include a day camp, a summer camp or a recreational
or athletic institution, organization, conservatory, group or center.
It does not include an institution, organization, group or center,
whether operated or managed by one or more persons, of which the principal
object or one of the principal objects is physical education, teaching
of dancing, singing, dramatics, music, playing of musical instruments,
calisthenics, typewriting, stenography, dressmaking, designing or
millinery or the giving of instruction in beauty parlor operation,
business courses or instruction of a similar nature.
[5]A yard between a side lot line and the nearest point of the
principal building on that lot and extending from the front yard to
the rear yard. In the case of a corner lot where the side lot line
is nearer than eight feet to the side curbline, the side yard shall
be measured from a line located eight feet in from the side curbline.
[Amended 1-8-1997 by L.L. No. 1-1997; 1-13-2004 by L.L. No. 4-2004]
Any message attached to any structure or part thereof or
painted or represented thereon, which shall display or include any
letter, word, model, banner, flag, pennant, insignia, device or representation
used as or which is in the nature of an announcement, direction or
advertisement or intended to attract the attention of the public when
the same is placed or located within its view. The word "sign" includes
the words "billboard," "freestanding sign," and "interior sign," as
well as any message, neon or illuminated tube or string, group or
arrangement of lights, or other device, material hung, outlining,
painted upon or attached to part of a building or lot, including lettering
and other information on canopies and awnings, and graphic displays
and murals on walls and window surfaces.
[Added 1-9-2002 by L.L. No. 1-2002]
That part of a building between any floor and the floor or
roof above. In computing the number of stories, any story, the ceiling
of which is more than seven feet above the mean ground level along
the foundation of the building, shall be deemed the first story.
An existing state, county or Village road or a road shown
upon a subdivision plat duly filed and recorded in the office of the
Nassau County Clerk.
[Amended 6-12-1996 by L.L. No. 2-1996]
The extent of a lot along a street or, in the case of a lot
fronting on the outside of a curvilinear section of street or on a
turnaround, the length of a line parallel to the street line drawn
at the minimum front yard setback depth and extended in each direction
to the side lot lines. For each additional principal building or use
on the same lot, an additional street frontage of the same length
shall be required. In the case of a lot, other than a corner lot,
adjoining more than one street, the lot owner may elect which street
shall be used for computing "street frontage."
[Amended 6-12-1996 by L.L. No. 2-1996]
The dividing line between the lot and the side line of a
street. Where the lot adjoins a public street, it is ordinarily the
property line. It is not the curbline, unless the curb runs along
the property line.
Any combination of materials forming any construction, including,
without limitation, buildings, swimming pools and other recreational
structures as defined herein, walls, fences, signs, antennas, gazebos,
trellises, gate posts, platforms and towers. The word "structure"
shall be construed as though followed by the words "or part thereof."
[Added 1-8-1997 by L.L. No. 1-1997; 3-9-2023 by L.L. No. 2-2023]
The horizontal area of a lot covered by all buildings, structures
and other man-made surfaces, including but not limited to driveways,
parking areas, swimming pools, patios, terraces and other similar
features not less than four feet in width. If a detached garage is
located in the rear yard of a dwelling, an area equal to 10 feet times
the perpendicular distance from the frontmost wall of such garage
to the front building line shall be excluded from surface coverage.
[Added 1-8-1997 by L.L. No. 1-1997; amended 5-14-1997 by L.L. No. 3-1997; 3-10-1999 by L.L. No. 3-1999; 6-9-2022 by L.L. No. 4-2022]
A framework of post and beam construction whose beam width
shall be no wider than four inches and shall be placed not closer
than five inches apart. Trellis beams may be mechanically operated.
Trellises must conform with yard regulations and may not exceed 12
feet above the mean grade along the foundation of the wall on which
a building is situated.
[Added 3-9-2023 by L.L. No. 2-2023]
A building designed or occupied exclusively as the home or
residence of two families living independently of each other.
Includes both the purposes for which a building or lot is
or may be devoted and the building or lot itself.
[6]A sign which is either temporarily or permanently attached
or affixed to the interior or exterior surface of a display window
and is used for advertisement, announcement, or notice, directional
matter, company name or trade name which is relative to the business
products or services provided.
[Added 1-9-2002 by L.L. No. 1-2002]
An open, unoccupied space on the same lot as the principal
building or use, which is and must be open and unobstructed from the
ground to the sky, except by trees, shrubbery, telephone or electric
light wires and poles, hedges, retaining walls and fences six feet
or less in height.
[Amended 6-8-1994 by L.L. No. 1-1994]
[1]
Editor's Note: The definition of "front building
line," which immediately followed this definition, was repealed 1-8-1997
by L.L. No. 1-1997.
[2]
Editor's Note: The former definition of "Ground
Level," which immediately followed this definition, was repealed 6-8-1994
by L.L. No. 1-1994.
[3]
Editor's Note: The definition of "minimum
street frontage," which immediately followed this definition, was
repealed 6-12-1996 by L.L. No. 2-1996.
[4]
Editor's Note: The former definition of "Rear
Building Line," which immediately followed this definition, was repealed
1-8-1997 by L.L. No. 1-1997.
[5]
Editor's Note: The former definition of "Side
Building Line," which immediately followed this definition, was repealed
1-8-1997 by L.L. No. 1-1997.
[6]
Editor's Note: The former definition of "Wall,"
which immediately followed this definition, was repealed 1-8-1997
by L.L. No. 1-1997.
A.
The Village of Lawrence is hereby divided into districts,
which are hereby designated as follows:
|
Residence AA District
|
|
Residence A District
|
|
Residence BB District
|
|
Residence B District
|
|
Residence C-1 District
|
|
Residence C-2 District
|
|
Residence D District
|
|
Residence E District
|
|
Residence FF District
|
|
Residence F District
|
|
Business K District
|
B.
Such districts shall be as shown on the Building Zone
Map which accompanies this chapter and which is hereby declared to
be a part hereof.[1] The districts designated on said map are hereby established.
The district designations which accompany said Building Zone Map are
hereby declared to be a part thereof.
[1]
Editor's Note: The Building Zone Map may be
found at the end of this chapter.
In case of any amendment to this chapter which
creates new districts or which changes district boundaries or which
transfers property from one district to another, the Building Zone
Map shall be deemed amended accordingly. It shall not be necessary
to prepare or adopt a new or amended Building Zone Map showing such
new districts, such changes in district boundaries or such transfer
of property from one district to another, but such new districts,
changes and transfers of property may be identified by words of description.
A.
Boundaries of districts fronting on Central Avenue
extend from the street line to the rear property lines existing at
the date of the adoption of this chapter, provided that in no case
shall the Residence FF District extend more than 300 feet south of
Central Avenue. In the case of any lot in the Residence FF District
fronting on Central Avenue and extending more than 300 feet south
thereof, that portion of such lot situated more than 300 feet from
Central Avenue may be considered in computing the building area, the
size of the lot and the depth of the rear yard.
B.
Building zone districts include all public or private streets, ponds, streams and waterways adjacent thereto, whether or not so designated upon the Building Zone Map, including lands under water and lands hereafter formed by filling, accretion, emergence, avulsion or otherwise. In case a public or private street, pond, stream or waterway shown on said map forms the boundary between two or more districts of the same class, the district shall be considered as continuous. In case a public or private street, pond, stream or waterway shown on said map forms the boundary between two or more districts of different classes, each district shall be deemed to extend to the center of the street, the center of the pond or the thread of the stream or waterway, as the case may be. Building zone boundaries shown upon the Building Zone Map, except where they follow streets or watercourses and except as provided in Subsection A of this section, are intended to follow existing property lines.
C.
Property of the Long Island Rail Road Company is intended
to be included in the building zone districts to which it is adjacent,
and, in case any part of such property should cease to be used for
railway purposes, the regulations of the building zone district in
which it is situated or to which it is adjacent shall apply.
This chapter is intended to include and apply
to all of the territory within the corporate limits of the Village
of Lawrence.
Except as otherwise specifically provided, where
a lot is situated partly in two or more districts within the Village,
no building, use or establishment shall be constructed, altered or
maintained except in conformity with the regulations applying to the
most highly restricted district in which such building, use or establishment;
or any part thereof is situated and, except as otherwise specifically
provided, no accessory building, use or establishment shall be constructed,
altered or maintained unless the principal building, use or establishment
to which it is accessory is one permitted in the district in which
such accessory building, use or establishment is situated.
In the case of a lot situated partly within
the Village and partly outside of the Village, the part of the lot
within the Village must comply with all of the regulations prescribed
for the district within the Village in which it is situated, to the
same extent as if it had been a separate lot, unless the Board of
Appeals should grant a special exception as hereafter provided in
this chapter.
No lot shall be used and no building shall be
erected, altered or used except in conformity with the regulations
prescribed for the district in which such lot or building is situated.
No lot shall be used and no building shall be erected, altered or
used for any purpose other than a purpose permitted in the district
in which such lot or building is situated.
Unless the portion which fails to comply with
the following requirements is added to and becomes part of an adjoining
lot in such a way that the adjoining lot, as so enlarged, complies
with all of such requirements, no 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:
A.
Shall be less than the minimum size prescribed by
the regulations relating to the district in which it is situated.
B.
Shall 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.
C.
Shall 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.
D.
Shall contain any building or use not permitted by
the provisions of this chapter.
E.
Shall, directly or indirectly, violate any of the
terms or conditions heretofore or hereafter imposed by the Board of
Appeals in granting a variance or special exception under the provisions
of the Village Law.
F.
Notwithstanding the preceding, a lot which complied
with all of the requirements of the ordinances of the Village of Lawrence
at the time of its creation may be added to, in such a way as to not
increase any nonconformity.
[Added 1-13-2004 by L.L. No. 2-2004]
[Amended 5-8-1996 by L.L. No. 1-1996]
Any proposed subdivision of land in the Village
of Lawrence, either designed to create an additional building lot
or lots or to resubdivide existing lots by changing lot lines, shall
be subject to the prior approval of the Village Planning Board.
[1]
Editor's Note: Former § 212-12,
Lots existing prior to change in regulations, was repealed 7-14-1999
by L.L. No. 4-1999.
