Village of Lake Success, NY
Nassau County
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Table of Contents
Table of Contents
[Amended 9-18-1958; 5-1-1967; 9-9-1985 by L.L. No. 4-1985]
No building, main or accessory, shall be erected in an A, B-1, B-2 or C Residence District, unless arranged, intended or designated exclusively for one or more of the following specified uses:
A. 
Dwellings for the use and occupancy of but one family, including the office of a professional person, provided that such office is located in the same dwelling in which the practitioner resides and is merely incidental to the primary residence use, and further provided there is no display or advertising and no conspicuous sign other than a small professional nameplate. The employment of more than one person by the practitioner in his office shall be deemed a use not incidental to the primary residence use.
B. 
Churches and other places of worship, parish houses, Sunday school buildings, public libraries and municipal buildings or properties, provided that such churches and other places of worship, parish houses, Sunday school buildings, public libraries and municipal buildings or properties shall be permitted in a residence district only with the prior approval of the Lake Success Board of Trustees and Planning Board, after detailed plans therefor shall have been submitted with an appropriate application, and after due public notice and hearing, and subject to appropriate conditions and safeguards and a finding that the proposed use is in harmony with the general purpose and intent of the chapter and is reasonably necessary for the health, safety, convenience and general welfare of the Village and of its residents, which approval may be granted in the discretion of the Board of Trustees, subject to such conditions and restrictions with respect to parking facilities, screening, height of building and other facts which, in the discretion of the Board of Trustees, it may deem necessary for the health, safety, convenience and general welfare of the Village and its residents.
C. 
Tilling the soil, truck gardening, nurseries and greenhouses, provided that they are not used primarily for the growing of vegetables, plants or flowers for sale, and provided that there is no display of products and no advertising and provided that there is no power plant and that any greenhouse heating plant is at least 20 feet distant from each side lot line and also from the rear lot line.
D. 
Accessory uses customarily incident to the above uses. The term "accessory use," however, does not include a business or any building or use not located on the same lot with the building to which it is accessory.
(1) 
A garage or group of garages for more than three motor vehicles shall not be permitted as accessory use, but such garage or garages need not be occupied by the motor vehicles owned by the occupant of the premises to come within the designation of an "accessory garage." Such garages may not, however, be occupied by any commercial truck.
(2) 
A "for sale" or "for rent" billboard, signboard or advertising sign shall, in no case, be permitted as an accessory use; however, two two-foot by two-foot directional signs, for an open house, the wording of which is limited to "Open House," address and directional arrow only, may be erected 1/2 hour before such event and maintained until 1/2 hour after it ends. One sign shall be located on the premises that is for sale or for rent, and the other shall be located suitably within an unpaved area of the Village right-of-way.
[Amended 5-11-2009 by L.L. No. 1-2009; 2-8-2010 by L.L. No. 1-2010]
(3) 
A fence or other structure likely to be an annoyance or damage to an adjoining owner or the general public shall, in no case, be permitted as an accessory use.
(4) 
A driveway or walk used for access to a business or industrial use shall, in no case, be permitted as an accessory use.
[Added 2-14-1994 by L.L. No. 1-1994]
No property situated in a Residence AA District shall be used, except for the following uses:
A. 
Uses permitted in § 105-10.
B. 
Private golf course containing not less than 100 acres.
C. 
Public primary and secondary school.
[Amended 9-9-1985 by L.L. No. 4-1985; 2-14-1994 by L.L. No. 1-1994; 1-9-2012 by L.L. No. 3-2012]
A. 
No single-family residence shall hereafter be erected unless it complies with the following floor area requirements:
District
Minimum Total Floor Area
(square feet)
Residence AA
2,500
Residence A
1,800
Residence B-1
1,400
Residence B-2
1,400
Residence C
1,200
B. 
For the purpose of this section, the floor area shall be that area enclosed within the outside walls of the principal building, excluding porches, terraces and steps. At least 75% of the second or third floor area qualifying as floor area shall have a ceiling height of not less than seven feet six inches and shall have access from the floor below by a permanent built-in stairway. In computing total floor area, nonhabitable attic or storage areas with ceiling heights of less than seven feet, detached garages, garages with ceilings less than four feet above grade, or basement and cellar rooms shall not be included.
[Amended 7-20-1970]
A. 
Every single-family residence hereafter erected shall have provisions for garaging at least one automobile on the premises. Such garage shall not be less than 10 feet by 20 feet in size, and any existing conforming garage shall not be reduced to a size less than 10 feet by 20 feet.
B. 
The floor of a garage under the dwelling may not be more than 24 inches below the adjacent curb level. The garage square footage will be included in the floor area ratio calculations.
[Added 8-14-2017 by L.L. No. 3-2017]
[Added 4-6-1987 by L.L. No. 1-1987]
A. 
Dismantled or commercial vehicles.
[Amended 9-14-1987 by L.L. No. 3-1987; 10-13-2009 by L.L. No. 3-2009]
(1) 
Parking or storage of an unregistered, dismantled or commercial vehicle or vehicles on a lot or premises in any residential district is prohibited except as otherwise provided for in § 101-7B.
(2) 
For the purposes of this section, a "commercial vehicle" shall be deemed to include:
(a) 
All vehicles with lettering, logos or trademarks, other than of the make and/or model of the vehicle itself, identifying or advertising a business, a product or other commercial enterprise or charitable institution.
(b) 
Unregistered vehicles, all pickup trucks, whether covered or uncovered, and all vans which do not have windows on both sides of the vehicle covering the entire length of the vehicle, starting at the window at both sides of the driver's seat. Window separation not exceeding eight inches in width, for the purpose of this section, shall be considered part of the window. For the purpose of this Code, an "unregistered vehicle" shall be deemed to include:
[1] 
Any vehicle without a valid New York State registration and inspection sticker.
[2] 
Dealer plates other than one vehicle used by the owner of the premises.
[3] 
Any out-of-state registered vehicle which is not registered to the primary resident of the premises (limited to one vehicle).
(c) 
All vehicles with more than four wheels.
(d) 
All vehicles which are licensed as taxicabs or livery vehicles or buses, said buses having a capacity greater than 16 persons.
(e) 
All vehicles equipped to carry, and/or carrying, business equipment or merchandise on the exterior, including but not limited to ladders, paints, tarpaulins, etc.
(f) 
Recreational vehicles.
(g) 
Boats, boat trailers and camper trailers.
B. 
Parking or storage of any vehicle shall not be permitted on a lot or premises in any residential district unless on a paved driveway or unpaved area fronting a garage.
[Added 9-16-1991 by L.L. No. 1-1991]
A. 
Circular driveways shall be permitted in the Residence AA and Residence A Zoning Districts. Circular driveways in Residence B1 and Residence B2 Zoning Districts will be permitted only if the minimum frontage is 120 feet (excluding corner lots). Circular driveways shall be prohibited on corner lots and where street frontage is less than 120 feet. Circular driveways are prohibited in the Residence C Zoning District.
[Amended 12-11-2000 by L.L. No. 8-2000]
B. 
No circular driveway shall be installed unless a building permit shall have been issued therefor by the Building Inspector. Every application for such building permit shall be accompanied by a dimensioned site plan drawn to scale and showing locations of all details, including the width and radius of such driveway, duly certified by a licensed professional engineer or architect, which site plan shall have been submitted to and approved by the Planning Board.
C. 
Circular driveways shall conform to the following dimensions for the zoning district in which they are located:
[Amended 12-11-2000 by L.L. No. 8-2000]
Residence District
Maximum Width of Driveway
Maximum Width of Driveway
(3 feet from curb)
AA
14 feet
17 feet
A
14 feet
17 feet
B-1
12 feet
15 feet
B-2
12 feet
15 feet
D. 
All applications for circular driveways shall be accompanied by an acceptable landscape plan. No certificate of completion shall be issued by the Building Inspector until such time as the landscape plan is satisfactorily completed.
[Added 12-11-2000 by L.L. No. 8-2000]
[Added 12-11-2000 by L.L. No. 8-2000]
A. 
No driveway shall have a width exceeding 20 feet. The pavement in the required front yard shall not exceed 35%.
B. 
A driveway shall be at least three feet from all side and rear property lines.