In the R-18 Residence District, no building shall 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 dwellings.
B.
Park or municipal recreation use.
C.
Vegetable and flower gardens.
D.
Houses of worship; provided, however, that such use shall be on a lot area of not less than 3.75 acres and a lot frontage of not less than 100 feet, and off-street parking facilities shall be provided which are set back not less than 40 feet from the front lot line of the property, and the parking area shall be completely screened from the front lot line by a screen of evergreen trees not less than six feet in height when planted.
[Amended 8-1-1977 by L.L. No. 5-1977; 5-6-1996 by L.L. No. 6-1996]
E.
Elementary or secondary schools, public or parochial, operated under the supervision of the Board of Regents of the State of New York; libraries; public museums; Village hall, and garage pertaining thereto; municipal fire house.
F.
Professional offices in residences.
[Amended 8-1-1977 by L.L. No. 5-1977; 1-12-1981 by L.L. No. 2-1981; 10-12-1982 by L.L. No. 4-1982]
(1)
The office of a physician, dentist, architect, engineer, teacher, artist, musician, therapist, psychologist, certified social worker or other such professional person residing on the premises, subject to the issuance of a special use permit by the Village Clerk, after approval of application by the Board of Trustees. Before granting any approval of such application, the Board shall find as follows:
(a)
Location; permit; date of use.
[1]
That the premises shall be located within the Incorporated Village of Roslyn Estates with street frontage on one of the following boundary roads, and access to parking from one of these roads or from an intersecting street:
[2]
That a special use permit has previously been granted to the premises pursuant to the terms of this section; or
[3]
That the premises has been registered with the Village Clerk, no later than April 1, 1981, as a use predating the enactment of Local Law No. 1 of 1975. Such use shall be verified by the Building Inspector after registration with the Village Clerk. A preexisting professional office shall be deemed to exist where the office is a clearly defined area used by the present occupant for professional purposes and containing equipment or furnishings appropriate thereto.
(b)
That the premises shall be the principal abode of the practitioner.
(c)
That no more than 25% of the floor area of the dwelling shall be devoted to the use.
(d)
That no accessory structure shall be used for the professional use.
(e)
That there shall be an adequate number of off-street parking spaces to meet the requirements of Article VIII hereof, and that such spaces shall not be located between the front wall of the building and the street line, nor within 10 feet of any side or rear line.
(f)
That no such use will adversely affect adjoining properties by reason of noise, hours of operation, traffic generation or intensity of use.
(g)
That such use of the premises shall be made only between the hours of 8:00 a.m. and 9:00 p.m., Monday through Friday, and 9:00 a.m. through 6:00 p.m. on Saturday, except for emergency treatment.
(h)
That such use shall be limited to the office of not more than one practitioner of the aforementioned uses; that such use shall be limited to treatment of one individual or family at one time. Under no circumstances shall the aforementioned use or uses include the conducting of classes or instruction for more than one person at the same time.
(2)
Any existing special use permit under this section or any professional use predating the enactment of Local Law No. 1 of 1975 will terminate upon the termination of occupancy by the present permittee or user, and any renewal of any such special use permit or use shall be in accordance with the terms of this subsection.
(3)
The Board of Trustees may in a specific case, and after due notice and public hearing, subject to appropriate conditions and safeguards, determine and vary the application of the regulations of this subsection in harmony with the general purpose and intent thereof.
G.
Classes, meetings, and other sessions in residences.
[Added 6-25-2007 by L.L. No. 2-2007[1]]
(1)
Classes, meetings, and other similar sessions involving a paid instructor, leader, or other individual shall be permitted so long as no economic benefit is being derived by the property owner or tenant of the premises and the following criteria are met:
(a)
Not more than six individuals who do not reside at the premises are present; and
(b)
The classes, meetings, or other similar sessions do not last longer than 75 minutes; and
(c)
The classes, meetings, or other similar sessions are not held more frequently than once per week; and
(d)
To the extent practicable, all parking for the classes, meetings, and other similar sessions is on site, and in a manner that any off-site parking does not unduly interfere with emergency vehicles, school buses, and customary truck traffic to traverse the roads where the off-site parking will be occurring.
(2)
Classes, meetings, and other similar sessions involving a paid instructor, leader, or other individual, so long as no economic benefit is being derived by the property owner or tenant of the premises, which do not meet all of the foregoing criteria are subject to the issuance of a special use permit by the Village Clerk, after approval of the application by the Board of Trustees.
(a)
Before granting any approval of such application, the Board shall find as follows:
[1]
That there shall be an adequate number of off-street and on-street parking spaces available at the times of the sessions to meet the requirements of the maximum projected attendance without interfering with normal traffic for that time of day; the ability of neighboring residents to provide parking within a reasonable distance of their homes for their guests; and the ability of emergency vehicles, school buses, and customary truck traffic to traverse the roads where the on-street parking will be occurring.
[2]
That such use will not adversely affect adjoining properties by reason of noise, lights, odors, hours of operation, traffic generation, or intensity of use.
(b)
The Board of Trustees may in a specific case, and after due notice and public hearing, subject to appropriate conditions and safeguards, determine and vary the application of the regulations of this subsection in harmony with the general purpose and intent thereof.
H.
Accessory use on the same lot with and customarily incidental to any of the above permitted uses, including, upon obtaining a special use permit, as hereinafter provided, one private greenhouse, a swimming pool, and a tennis court.
[Amended 1-9-1984 by L.L. No. 1-1984; 1-8-1990 by L.L. No. 1-1990; 7-14-2008 by L.L. No. 4-2008]
I.
Fences and walls.
[Amended 1-3-1978 by L.L. No. 1-1978; 9-12-1983 by L.L. No. 5-1983; 10-1-2003 by L.L. No. 6-2003]
(1)
A fence or wall having at least 50% daylight opening, excluding necessary posts, and no more than four feet in height, measured along the vertical distance from the top of the proposed fence to the ground level of the nearest portion of adjoining property, may be constructed on the rear lines or side lines of any lot.
(2)
In all instances, all fences must exhibit the "good," unbroken or non-post side located toward adjoining property and/or street.
(3)
No fence along a side lot line shall extend further forward than the front line of any house currently existing on said lot.
(4)
No fence shall be constructed in the front yard of any premises.
(6)
The limitations to fences and walls set forth in Subsection I(1) and (3) through (5) hereof shall not apply to:
(a)
Hedges, trees, or other shrubbery, or boundary line markers, or screening as defined in § 200-3.
(b)
The westerly property line of the westerly yard (front, side, or rear) of properties along the west side of The Hemlocks, from the intersection of Searingtown Road and Dianas Trail to the intersection of Searingtown Road and Northern Boulevard, whereon fences may be erected so long as such fences do not exceed twelve feet in height, measured along the vertical distance from the top of the proposed fence to the ground level of the nearest portion of adjoining property, subject to such limitations as may be imposed at the discretion of the Village's Architectural Review Board, if deemed appropriate, including, but not limited to, the assurance of adequate sight-lines at street intersections.
(c)
Retaining walls, which, notwithstanding their denomination as "structures," shall not be required to maintain the setbacks from property lines otherwise required for structures, whether principal or accessory, including other types of walls and fences; however, all retaining walls, except for those which are deemed by the Building Inspector to be substantially a repair or a replacement of a legal retaining wall, substantially of the same material, with the same appearance, at the same height, and at the same location, shall be subject to the review of the Architectural Review Committee. Nothing herein shall be deemed to waive the requirements of Chapter 80, Grading and Filling, of this Code.
[Added 1-4-2006 by L.L. No. 12-2006]
(7)
The limitations to fences and walls set forth in Subsection I(1) through (5) hereof shall not apply to the easterly yards of properties along the west side of Mineola Avenue nor to the northerly yards of properties along the south side of Old Northern Boulevard, wherein fences may be erected so long as such fences and walls and the screening and irrigation systems required herein have been approved by the Village’s Architectural Review Board and the property owner has implemented such aesthetic, screening, and safety conditions and limitations imposed by such Board, which shall include, but not be limited to, the following:
[Added 11-29-2005 by L.L. No. 11-2005]
(a)
The fence or wall shall not exceed 10 feet in height, measured along the vertical distance from the top of the proposed fence to the ground level of both sides of the adjoining property. The intent herein is that the fence or wall shall not exceed 10 feet in height from existing grade, but it is understood that a berm may be built on the road side of the fence or wall, and it is not intended, in that instance, to permit the fence or wall to be higher than 10 feet above the opposite side of the fence or wall. In the event that a berm is to be built, or the grade is otherwise to be raised, on both sides of the fence or wall, the Village’s Architectural Review Board may limit the height of the fence or wall to 10 feet above the grade prior to the change in grade.
(b)
The fence or wall shall be constructed substantially parallel to Mineola Avenue or Old Northern Boulevard, as the case may be, and except for the corner of Mineola Avenue and Old Northern Boulevard, which may have a fence or wall parallel to both of such roads, the fence or wall shall be in one straight line, without any returns along the property lines approximately perpendicular to such roads.
(c)
The fence or wall shall be constructed of metal, wood, or stone or other masonry.
(d)
The fence or wall shall be screened from Mineola Avenue or Old Northern Boulevard, as the case may be, by live evergreen screening, which, at planting, shall be no less than six feet above grade and not less than 60% of the height of the fence or wall, whichever is higher, and which, below said height, shall cover at least 60% of the fence or wall when planted. Such evergreens shall be healthy and of a size and kind approved by the Village that shall be reasonably expected to be hardy and to totally screen such fence or wall within three years from planting. Such screening shall be maintained by the property owner at all times and replaced, as deemed reasonable or appropriate by the Village Building Inspector, to reasonably assure such total screening of such fence or wall at all times after said initial three-year period.
(e)
The fence or wall shall be set back no less than six feet from the property line and at least as far as is reasonable and appropriate to attempt to assure that the required screening will have sufficient room to grow in a healthy manner.
(f)
The property owner shall provide between such fence or wall and Mineola Avenue or Old Northern Boulevard, as the case may be, an underground irrigation system, as approved by the Village as to type, design, and location, which shall be maintained by such property owner from April 1 through November 1 each year, to assure that the aforesaid screening is adequately irrigated.
(g)
The fence or wall shall not interfere with sight lines at driveways and street intersections.
(h)
All applications to the Village’s Architectural Review Board shall include the stamp or seal of a licensed landscape architect.
(i)
At the option of the Village’s Architectural Review Board, such Board may engage its own licensed landscape architect to review the proposed application, at the expense of the applicant.
(8)
Except with respect to fencing that encloses a game court as permitted pursuant to Village Code § 200-11.1H, no chain-link or wire mesh fence is permitted on any premises located within the Village. Any chain-link or wire mesh fencing installed on any building lot prior to the effective date of this provision may be maintained; provided, however, that any such existing chain-link or wire mesh fencing shall be removed at such time as any portion of such existing chain-link or wire mesh fence is replaced, or at such time as more than 50% of any such existing chain-link or wire mesh fence is repaired, and, upon the removal thereof, all fencing installed to replace same shall satisfy the requirements of this subsection.
[Added 7-15-2019 by L.L. No. 3-2019]
J.
No signs shall be permitted except as set forth herein:
[Amended 11-1-1999 by L.L. No. 1-1999]
(1)
Every owner of every premises within the Village shall cause to be displayed at all times upon such premises a street number sign setting forth the street number address assigned to such premises.
(2) BUILDING PREMISES STREET NUMBER ADDRESS STREET NUMBER SIGN
Definitions. In addition to the definitions elsewhere contained in this chapter, the following terms as used in this section shall have the meanings indicated:
The principal building or buildings on each premises, expressly excluding any accessory building.
All real property within the Village for which a street number address has been designated by the Board of Trustees.
The address consisting of a number and a street name assigned by the Village to premises for purposes of identifying those premises and distinguishing them from other premises.
A sign only containing either the numerals or the numerals and the street name that comprise the street number address assigned by the Village to such premises.
(3)
Each street number sign shall be painted upon or affixed to the front of a building, a post, a mail box or a tree, in a prominent and conspicuous place, legible at all times, between sunrise and sunset, from the street when facing the premises. For purposes hereof, the "street" shall be that particular street referred to in the street number address of the premises. No such sign shall be greater than 12 inches by 24 inches.
(4)
Nothing in this section shall be deemed to prohibit such signs as are protected as free speech pursuant to the State or Federal Constitution, so long as such signs are not greater than 24 inches by 36 inches in size.
(5)
If any provision of this section, or its application to any person, is, for any reason, determined to be invalid, such determination shall not affect the validity of the remaining provisions herein.