In a Residence B District the following regulations
shall apply.
[Amended 8-21-1989 by L.L. No. 3-1989; 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 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 B District.
G. A club use on premises comprising not less than 50 acres, provided that in a specific case, after public notice and hearing, the Board of Appeals authorizes a permit therefor in accordance with the provisions of §§
176-71 through
176-73.
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 section 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]
[Amended 8-21-1989 by L.L. No. 3-1989]
A. No dwelling shall exceed three stories and an attic nor shall it exceed a height, as defined in Article
I, §
176-2, of the Village Code, of 35 feet on a lot of less than three acres and 40 feet on a lot which is permanently restricted to contain at least three acres. (See Table 1,
Appendix A.)
[Amended 2-23-2016 by L.L. No. 1-2016]
B. No accessory building shall exceed one story and an attic, nor shall it exceed a height, as defined in Article
I, of 15 feet.
C. No other building shall exceed 40 feet in height, as defined in Article
I, nor shall it exceed three stories and an attic.
No building shall hereafter be erected, altered
or moved to accommodate or make provision for more than one family
for each 43,560 square feet (one acre) of the area of the lot.
[Amended 8-21-1989 by L.L. No. 3-1989]
A. The building area shall not exceed 12% of the lot area for the first acre or any part thereof, 8% for the second acre or any part thereof and 6% of any lot area in excess thereof, but in no case shall the ratio of habitable floor area to lot area exceed a ratio of 0.12 for the first acre or any part thereof, 0.06 for the second acre or any part thereof and 0.04 for any lot area in excess thereof. (See Table 1,
Appendix A.)
B. The combined coverage of all structures on any lot shall not exceed 20% of the lot area. (See Table 1,
Appendix A.)
All dwellings hereafter erected or altered in
a Residence B District shall provide for each family not less than
2,000 square feet of usable floor area, all of which shall be completed
prior to occupancy.
[Amended 8-21-1989 by L.L. No. 3-1989]
A. Yards required. Each lot shall have front, side and rear yards of not less than the following, nor shall any point on a building be permitted to exceed the height/setback ratio (sky exposure plane) as set forth below and as illustrated in Figure 3 of
Appendix A. (See also Example 1, Table 2 and Figure 2 of
Appendix A.)
(1) Front yard: 60 feet, but in no case shall any point
on a building, including any point on its roof, be permitted to exceed
an elevation which is more than one foot higher than grade for each
three feet of setback.
(2) Each side yard: 40 feet, but in no case shall any
point on a building, including any point on its roof, be permitted
to exceed an elevation which is more than one foot higher than grade
for each two feet of setback.
(3) Rear yard: 50 feet, but in no case shall any point
on a building, including any point on its roof, be permitted to exceed
an elevation which is more than one foot higher than grade for each
21/2 feet of setback.
B. For the purposes of this section, "grade" shall be the existing undisturbed grade or the proposed final grade, whichever is more restrictive, established at a point immediately adjacent to the perimeter wall of the building, which point is located on a vertical plane perpendicular to the lot line and extending through the entire building. (See Figure 2 of
Appendix A.)
C. Chimneys, spires and similar projections as permitted by the definition of "height" in Article
I shall be excluded from this section.
D. A building erected on a corner lot shall be required
to comply with the front yard requirement only from the street which
provides its access, but in no case shall the setback from any other
street line be less than 60 feet.
Each lot shall have a minimum width of 150 feet
on the front street line and shall have a minimum width of 140 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.
[Amended 8-21-1989 by L.L. No. 3-1989]
Stationary outdoor fireplaces may project into
the rear yard or side yard, but shall be at least 20 feet distant
from side and rear property lines and shall not exceed eight feet
in height.
[Amended 7-23-2024 by L.L. No. 10-2024]
No outdoor pools shall be constructed except in compliance with
the regulations of the Nassau County Health Department which may be
now or hereafter in effect. All pool and mechanical equipment shall
be screened from the street and from any adjoining property by a living
screen of evergreen trees and/or shrubs. All screening shall be the
greater of 30 inches or the height of the equipment being screened.
All screening shall consist of vegetation having sufficient density
to mitigate any potential visual impact that the pool and mechanical
equipment could have on the street and/or on any adjoining property.
All screening shall be approved by the Building Commissioner or the
Commissioner's designee.
[Added 8-21-1989 by L.L. No. 3-1989;
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.