[Added 8-23-1994 by L.L. No. 5-1994]
A. 
The Village has a long-standing comprehensive land use and planning program, which has been primarily implemented through the Village Zoning Ordinance. The Village 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.
[Amended 11-26-2024 by L.L. No. 20-2024]
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 Dwelling, for each five acres of Lot Area.
[Amended 12-18-2023 by L.L. No. 16-2023; 11-26-2024 by L.L. No. 20-2024]
[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 BZA.
[Amended 11-26-2024 by L.L. No. 20-2024]
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 BZA 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 the BZA.
[Amended 11-26-2024 by L.L. No. 20-2024]
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.
G. 
A club use on premises comprising not less than 50 acres, provided that in a specific case, after public notice and hearing, the BZA authorizes a permit therefor in accordance with the provisions of §§ 176-71 through 176-73.
[Amended 11-26-2024 by L.L. No. 20-2024]
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]
[Amended 11-26-2024 by L.L. No. 20-2024]
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.
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.
[Amended 7-23-2024 by L.L. No. 10-2024; 11-26-2024 by L.L. No. 20-2024]
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. 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.
[Amended 5-24-2016 by L.L. No. 5-2016; 12-18-2023 by L.L. No. 16-2023; 11-26-2024 by L.L. No. 20-2024]
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 Single-Family Dwelling are prohibited.
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.