Village of Mill Neck, NY Article II Residence R1 Districts

§ 129-7 Permitted uses.

In Residence R1 Districts no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose other than:

A. A single-family detached dwelling as a principal use.

B. A municipal governmental facility of the Village.

C. A Village park or reservation as a principal use.

D. The following uses, only after approval of the Village Board of Trustees, subject to such conditions as said Board may impose and the issuance of a permit pursuant to § 129-104A:

[Amended 12-1-1964; 10-6-1992 by L.L. No. 8-1992]

(1) Public water supply facilities, including a pumping station, buildings and structures pertaining thereto.

(2) Other utility facilities and structures for special districts for fire, park, police, sewer, water or other purposes as are necessary for the health, safety and general welfare of the area served.

(3) A dam, levee, breakwater, jetty or other facility for drainage, shorefront protection or water conservation.

E. Except as hereinafter provided, accessory uses or buildings, as defined in § 129-6 and subject to Article VII, including, among others:

[Amended 3-7-1989 by L.L. No. 1-1989]

(1) Any form of home agriculture and horticulture, except for commercial purposes, and including the keeping of small animals as pets.

(2) A home occupation, subject to § 129-8.

(3) A fence or wall, subject to Chapter 51 of this Code.

(4) A nameplate or sign, subject to Article VI.

(5) An office or studio of a doctor of medicine, surgeon, artist, sculptor, architect, teacher, musician, lawyer or engineer residing in the dwelling, subject to § 129-8.

(6) Off-street parking, subject to Article VIII.

(7) An accessory dwelling shall not be permitted in the R1 District.

F. The following conditional uses, subject to Article IX:

(1) Nonprofit reservation, park or other open recreational use.

(2) High and low wireless telecommunication services facilities.

[Added 9-10-2013 by L.L. No. 4-2013]

G. Conservation of natural resources.

H. Temporary use, subject to Article X.

§ 129-8 Additional use regulations.

In addition to the regulations in §§ 129-31 through 129-40, the following shall apply in R1 Districts:

A. An accessory home occupation shall not include the display of goods or advertising visible from any street. In connection with such occupation, there shall be kept no stock-in-trade or commodity sold upon the premises, no paid assistant shall be employed; and no electrical or mechanical equipment shall be used other than ordinary household equipment. The space used for a home occupation shall occupy not more than 1/3 of the total floor area of the dwelling unit, and no such occupation shall be carried on in any accessory building.

B. An accessory office or studio shall not occupy more space than the equivalent of 1/3 of the area of one floor of the dwelling in which such office or studio is used; there shall be no display or advertising on the premises in connection with such use, except a professional nameplate; no assistants, whether paid or not, shall participate in such use, except that one assistant may be employed if the nature of the profession is such as to require an assistant; and any such musician's or sculptor's studio shall be equipped and used in such manner that sounds therefrom are not unduly annoying to other persons or nearby premises or public places.

C. Any use not permitted hereinabove or in § 129-7 shall be prohibited.

§ 129-9 Yards.

[Amended 3-7-1989 by L.L. No. 1-1989]

Yards shall be subject to §§ 129-41 through 129-47 and Article VII. (See § 129-56A for yard requirements for permitted accessory uses and structure.)

A. In Residence R1 Districts, there shall be a front yard, which shall be measured from the front lot line to the front building line.

(1) For dwellings, the front yard shall not be less than 20 feet at any point.

(2) For main buildings other than dwellings (see Articles IX and X), the front yard shall be not less than 40 feet at any point.

B. In Residence R1 Districts, there shall be a rear yard, which shall be measured from the rear lot line to the rear building line.

(1) For dwellings, the rear yard shall be not less than 20 feet at any point.

(2) For main buildings other than dwellings (see Articles IX and X), the rear yard shall be not less than 40 feet at any point.

C. In Residence R1 Districts, there shall be two side yards, each of which shall be measured from the side building line to the adjacent side line of the lot.

(1) For dwellings, each side yard shall be at least 10 feet at any point.

(2) For main buildings other than dwellings (see Articles IX and X), each side yard shall be at least 40 feet at any point.

(3) On a corner lot, the exterior side yard shall be subject to the front yard regulations.

§ 129-10 Building heights.

[Amended 3-7-1989 by L.L. No. 1-1989]

Subject to the provisions of §§ 129-49 through 129-51, in R-1 Districts, the height of a building, as measured in accordance with § 129-51, shall not exceed 2 1/2 stories or 30 feet in height. (See § 129-57 for height restrictions on accessory buildings and structures.)

§ 129-11 Lot coverage.

[Amended 10-6-1992 by L.L. No. 8-1992]

In R1 Districts, not more than 30% of the area of a lot shall be occupied by a main building and accessory buildings or structures.

§ 129-12 Lot area, width and front lot line.

[Amended 10-6-1992 by L.L. No. 8-1992]

In R1 Districts the following regulations apply, subject to §§ 129-41 through 129-48:

A. The area of each lot and the minimum lot area per principal dwelling shall be at least 8,000 square feet.

B. The width of a lot shall be at least 75 feet, and the front lot line shall be at least 75 feet, except that, in the case of a subdivision plat duly approved by the Village, where the said front lot line coincides with the circumference of the turnaround on a dead-end street, when such turnaround has a diameter of at least 100 feet, the front lot line shall be not less than 50 feet. No main building nor any part thereof shall be located within an area of the lot that is less than half of the minimum required lot width.

[Amended 11-6-2007 by L.L. No. 2-2007]

§ 129-13 Courts.

In R1 Districts, courts shall be subject to §§ 129-44 through 129-47.

§ 129-14 Floor area.

In R1 Districts, § 129-48 shall apply to floor area.