[Added 8-23-1994 by L.L. No. 5-1994]
A.
The Village of Sands Point has a long-standing comprehensive
land use and planning program, which has been primarily implemented
through the Village Zoning Ordinance. The Village of Sands Point has
a low-density, rural character and is located in an isolated position
on the northern tip of a peninsula. It is only approximately 4.2 square
miles (2,688 acres) in area. Land in the Village formerly used for
agriculture and estates is rapidly being subdivided for residential
development on minimum one-acre and two-acre lots. The proposed zoning
amendments will help maintain the rural estate character of the Village
by increasing the minimum lot area on certain undeveloped parcels
from the current zoning to five acres and preserve the water supply
for the Village.
B.
The Village Board has determined to preserve the Village's
open character, protect the water supply, limit water demand, reduce
potential traffic generation and preserve open space in the Village.
The Village Board hereby finds that the proposed zoning amendments
set forth hereinbelow help implement these goals.
[Amended 12-18-2023 by L.L. No. 16-2023]
C.
With regard to the water supply, the Village Board
notes that the Village has been severely limited by pumpage caps imposed
by the New York State Department of Environmental Conservation so
that such a restricted water supply may not be adequate to serve future
development of the Village under existing land use regulations. Moreover,
the Village borders Hydrogeologic Zone I, an area in which the state
requires strict regulation of development and groundwater recharge.
The Village Board finds that the proposed zoning amendments will help
protect groundwater resources.
[Amended 12-18-2023 by L.L. No. 16-2023]
D.
The Village Board further finds that more open space
will be preserved under the proposed zoning through larger (five-acre)
minimum lot sizes. Existing vegetation and environmental and aesthetic
resources can be preserved through the use of more flexible subdivision
design standards.
[Amended 12-18-2023 by L.L. No. 16-2023]
E.
Finally, the Village Board notes that regional planning
agencies, including the Tri-State Regional Planning Commission, the
Long Island Regional Planning Board and the Nassau County Planning
Commission, have all concurred in their plans that the Sands Point
area should be maintained as a low-density open space and residential
area. Also, the Town of North Hempstead recently amended its zoning
regulations to create a five-acre zone. The goals and policies of
regional plans will be implemented through the proposed rezoning.
[Amended 12-18-2023 by L.L. No. 16-2023]
F.
Thus, the Village Board, having studied the environmental,
planning and zoning characteristics of the Village and having considered
the comments of the public and with the Village Board's own knowledge
of the Village, has determined that it is in the best interests of
the Village as a whole, in an effort to conserve the Village's natural
resources, particularly its water supply and clean air, to create
a third residential district consisting of the lands described below,
which district shall permit no more than one family, that is, one
single-family residence, for each five acres of lot area.
[Amended 12-18-2023 by L.L. No. 16-2023]
In a Residence C District the following regulations
shall apply.
[Amended 11-22-1994 by L.L. No. 8-1994; 9-28-2021 by L.L. No. 6-2021]
No building may be erected, altered or used and no lot or premises
may be used except for one or more of the following purposes:
A.
Detached single-family dwelling, except the construction of a detached
single-family dwelling for the purpose of sale shall not be permitted
unless authorized by the Board of Appeals.
B.
Public primary and secondary schools.
C.
Houses of worship for public worship and other strictly religious uses, in accordance with the discipline, rules and usages of the religious corporation which will own, support and maintain such house of worship and of the governing body, if any, to which such corporation is subject, and primary and secondary schools, organized and conducted other than for profit, chartered by the Regents of the University of the State of New York or approved by and under the supervision of the New York State Department of Education, and such other nonresidential uses as may not be excluded pursuant to state and federal laws, and accessory uses on the same lot, provided that any such use and accessory use have been approved by the Board of Appeals after public notice and hearing and after taking into consideration the public health, safety and general welfare and in accordance with the provisions of Article VIII, §§ 176-71C through F, 176-72 and 176-73, hereof and subject to appropriate conditions and safeguards prescribed by said Board.
D.
Municipal uses as follows: Village of Sands Point municipal uses
and purposes, except incinerator and sewage disposal plants.
E.
Public utility lines and poles necessary for the service of the area.
F.
Agriculture and greenhouses. It is not intended that the use of the
property for agriculture and greenhouses shall be commercial in nature
but shall only be permitted if and when the agricultural pursuit and
the use of the greenhouse are in connection with the general use of
the property as a residence. It is not intended to permit commercial
agriculture, greenhouses or nurseries in a Residence A District.
H.
Accessory uses on the same lot with and customarily incidental to any of the above- permitted uses, except the uses provided in Subsection C of this section, including a private garage for not more than five cars or a stable for not more than one horse for each 43,560 square feet (one acre). Guesthouses and buildings equipped and designed to be used for habitable purposes are not regarded and permitted as an accessory use. It is the purpose of this subsection to confine the use of all lots and premises for habitable purposes to the dwelling referred to in Subsection A of this section. Except as above permitted, accessory uses shall not include any use customarily carried on as a business or industry, including the construction of a dwelling for sale, or any display visible from the street.
I.
Home
Occupation.
[Added 11-21-2023 by L.L. No. 14-2023]
Restrictions on building height shall be the same as those set forth in Village Code § 176-8.
No building shall hereafter be erected, altered
or moved to accommodate or make provision for more than one family
for each 217,800 square feet (five acres) of the area of the lot.
Restrictions on building area shall be the same as those set forth in Village Code § 176-11.
Restrictions on usable floor area shall be the same as those set forth in Village Code § 176-12.
Minimum yard setbacks shall be the same as these set forth in Village Code § 176-13.
No lot shall have a street frontage of less
than 175 feet and shall have a minimum width of 175 feet within 25
feet of the front street line. On a corner lot, the width of the lot
on a street line shall be the same for each street frontage.
[Added 12-18-2023 by L.L. No. 16-2023]
The dwelling shall be situated in such a way that the longer
side of the house shall be parallel to the street which has the longest
street frontage. The primary entrance to a dwelling shall be located
facing the street which has the longest street frontage.
Restrictions on structures for animals and the storage of manure shall be the same as those set forth in Village Code § 176-15.
Restrictions on stationary outdoor fireplaces shall be the same as those set forth in Village Code § 176-16.
No outdoor pools shall be constructed except
in compliance with the regulations of the State of New York, the Nassau
County Health Department, the Village of Sands Point and any other
government agency having jurisdiction which may now or hereafter be
in effect.
Restrictions on accessory structures shall be the same as those set forth in Village Code § 176-18.
[Amended 5-24-2016 by L.L. No. 5-2016]
A.
Each lot used for single-family dwelling purposes shall have only
one driveway, accessed by a single curb cut. Such driveway shall have
a maximum width of not more than 15 feet at the street line, and every
portion of the driveway shall be located at least 25 feet from the
side property lines. Driveways which serve more than one dwelling
are prohibited.
[Amended 12-18-2023 by L.L. No. 16-2023]
B.
All parking areas, including, but not limited to, all parking courts
and driveways where vehicles are parked or stored, whether paved or
unpaved (collectively, "parking areas"), must be screened from the
street and from any adjoining property by a living screen of evergreen
trees and/or shrubs. All screening is required to be at least 30 inches
in height and must be comprised of vegetation having sufficient density
to mitigate any potential visual impact that a parking area could
have on the street and/or on any adjoining property. All parking area
screening or changes to the screening must be approved by the Building
Commissioner or the Commissioner's designee. In situations where the
topography of the premises and/or the distance between the parking
area and the street or an adjacent property or other relevant circumstances
serve to mitigate visual impact, the Building Commissioner or the
Commissioner's designee, in his or her sole discretion, may waive
or modify the screening requirements set forth herein.
C.
All applications to the Building Department that relate to the construction
or alteration of a driveway and/or parking area must be submitted
with a landscape plan prepared by a licensed professional.
