The use and dimensional regulations contained in this article are supplemental and additional to the use and dimensional regulations provided for in Article IV of this chapter. Where the standards or regulations provided for herein (in Article V) conflict with those of other requirements of this chapter, the standards of this article shall apply. The approving agency may, when reasonable, waive compliance or modify the supplemental requirements as provided for in this article (Article VI in connection with an approval, an approval with modification or disapproval of a development application except that any waiver or modification of a dimensional requirement as provided for in this article (Article V) shall be subject to the grant of an area variance by the Zoning Board of Appeals as provided for in § 275-45 of this chapter. The waiver or modification of nondimensional supplemental requirements of this article by the approving agency shall be granted only:
A.
Upon a showing by the applicant that compliance with
such requirements would result in an unnecessary hardship, or that
the benefits to the neighborhood or Village of Roslyn Harbor of granting
such a waiver outweigh the detriments thereof; and
B.
When such requirements are found not to be requisite
in the interest of the public health, safety and general welfare or
are found to be inappropriate to the particular use for which approval
is being sought.
A.
Lot for every building or structure. Every building
or structure hereafter erected shall be located on a lot. There shall
be no more than one principal building or structure and its accessory
buildings or structures on one lot, for single-family detached dwellings.
B.
Yard for every building or structure. No yard or other
open space provided about any building or structure for the purpose
of complying with the provisions of this chapter shall be included
as any part of the yard or open space for any other building or structure.
No yard or any other open space on one lot shall be considered as
a yard or open space for a building on any other lot.
C.
Required street frontage. Every lot shall be required
to front on a public or private street. On a cul-de-sac turnaround
or a radial street the Planning Board may reduce the minimum required
lot frontage, but by no more than 40% in all cases.
D.
Conformity required for apportionments and subdivisions.
Where a lot is formed hereafter from part of a lot already occupied
by a building or structure, such separation shall be effected in such
manner as not to impair conformity with any of the requirements of
this chapter with respect to the existing building or structure and
all yards and other required spaces in connection therewith, and no
permit shall be issued for the erection of a building or structure
on the new lot thus created unless it complies with all the provisions
of this chapter.
E.
Irregularly shaped lots. Where a question exists as
to the proper application of any of the requirements of this chapter
to a particular lot because of its peculiar or irregular shape, the
Building Inspector shall determine how the requirements of this chapter
apply.
F.
New buildings or structures on lots smaller than the
minimum required area or dimension. Where the required area or dimensions
of lots are changed by an amendment to this chapter, any lot legally
in existence on that date and made nonconforming by such amendment
may be built upon, provided that:
(1)
The lot met the zoning requirements at the time it
received subdivision approval;
(2)
All yard setbacks and other building-related requirements
which were in effect at the time the building permit was granted are
complied with; and
(3)
The ownership of such lot was not the same as any
other lot or lots contiguous thereto as of the date of adoption of
this chapter. If the opposite is the case, such other lot or lots,
or so much thereof as may be necessary, shall be combined with the
first-named lot to make one or more conforming lots, whereupon a permit
may be issued, but only for conforming lots when so combined.
H.
No reduction of required yards. No lot shall be so
reduced in area as to make any yard smaller than the minimum required
under this chapter.
I.
Front yards or corner lots. On corner lots, the yard
in front of the structure which has been so designated on the plot
plan by the owner shall be required to meet the minimum front yard
requirements for the district in which the lot is so located.
J.
Front yards on through lots. On a through lot, the
owner shall designate which street frontage is the front, to which
a front yard setback shall apply. A rear yard setback shall be required
on the other street frontage, provided that it is approved by the
Planning Board and determined by the Board not to be inconsistent
with or detrimental to the neighborhood or street upon which such
lot is located.
K.
Front yards on widened streets. Wherever a portion
of a front yard is being taken for the widening or improvement of
any street right-of-way, the buildings or structures on such a lot
shall be required to measure the yard setbacks from the taking line
rather than the existing right-of-way line.
L.
Structural projections permitted into required front
yards. In all districts where a front yard is required, the space
in such front yard shall be open and unobstructed, except for:
M.
Structural projections permitted into required side
or rear yards. In all districts, the space in a required side or rear
yard shall be open and unobstructed, except for:
(1)
Ordinary projections of windowsills, belt courses
and other ornamental features projecting not more than four inches.
(2)
Chimneys projecting not more than 2 1/2 feet.
(3)
Cornices or eaves projecting not more than three feet
in a rear yard and two feet in a side yard.
(4)
Bay windows projecting not more than two feet.
(7)
Open stairs.
N.
Drainage improvements. Roof water drainage shall be
collected in dry wells via gutters and leaders to dry wells placed
at a minimum of 10 feet from a building or structure. On driveways
with a slope in excess of 5%, a designed trench drain shall be provided
at the lowest elevation and connected to appropriately designed and
sized dry wells to prevent stormwater runoff from flowing onto Village
roads.
A.
Private recreational clubs and outdoor recreational
uses.[1]
(1)
All interior areas designed for potentially noisy
activities shall be sufficiently sound-insulated or separated from
adjacent residential structures so as to avoid any noise nuisance.
(2)
The appearance of any structure shall not be out of
character or scale with the neighborhood within which it is to be
located.
(3)
A ten-foot-high all-season evergreen planted screen
or other suitable buffering shall be required for a depth of 10 feet,
where the club is adjacent to a residential use or district. No fence
shall be used in place of the screening.
(4)
No intensive outdoor activity shall be permitted other
than off-street parking and similar service uses. If outdoor service
facilities are provided they shall be located no closer than 100 feet
to a residential zone or the property line of an adjacent residential
use.
(5)
No outdoor music or public address system shall be
provided.
(6)
A private kitchen accessory to the principal use shall
be permitted, provided that such food or drink is served in the dining
area. If food or drink is served on the grounds of the club, such
service shall be limited to the hours of 8:00 a.m. to 10:00 p.m.,
except that on Friday and Saturday nights and those preceding public
holidays such time shall be 11:00 p.m.
(7)
All swimming pools shall provide a suitable club or
bathhouse building. The club or bathhouse shall be set back not less
than 50 feet from all property lines.
(8)
An outdoor swimming pool shall be located not less
than 100 feet from the side or rear of the clubhouse or bathhouse
and not less than 100 feet from the front property line and not less
than 50 feet from the side and rear property lines.
(9)
Parking spaces shall be provided in an area or areas
located not less than 100 feet from the front property line and 50
feet from all other property lines. Such parking areas shall be screened
and buffered from adjacent properties and public or private streets.
(10)
The pump of a filtration or pumping system of
a private club pool shall be located not less than 100 feet from any
side or rear property line.
(11)
To provide safety and privacy, an outdoor swimming
pool or other outdoor recreational facility shall be surrounded entirely
by a suitably strong tight fence; however, one side or sides of the
club or bathhouse may serve as a part of the enclosure. The fence
shall be from six feet to eight feet high and shall be nonclimbable.
All supporting structures shall be on the inside of the fence, and
the top of such support shall be at least one inch lower than the
top of the fence. Any opening or openings in the fence to afford entry
to the pool shall be equipped with a substantial gate similar to the
fence and shall extend from not less than two inches above the ground
to the height of the fence. The gate shall be of a self-closing type,
opening outwardly only and be equipped with a lock and key or chain
and padlock and shall be kept locked, except when the pool is in use.
(12)
All outdoor lighting fixtures shall be shielded
so as to prevent any direct beam from falling upon any adjoining property.
Downlights only shall be permitted. No support pole or lamp thereon
shall exceed a height of 12 feet. No mercury, sodium or arc lamps
shall be permitted.
(13)
Overhead wires shall not be carried across the
swimming pool and wading pool proper, decks and lounging areas.
(14)
Underwater lighting shall be designed, installed,
and grounded so as not to create a hazard to bathers.
In addition to the specific requirements for certain accessory residential uses and structures provided for in § 275-18, all accessory residential uses and structures shall be required to meet the following provisions:
A.
No accessory residential use or structure may be established
on a lot prior to the establishment of the principal building or structure,
except temporary structures associated with the construction of the
principal building or structure.
B.
The following accessory uses and structures are specifically
prohibited:
(1)
Outdoor storage, except temporary construction equipment
(2)
The parking and storing of commercial vehicles during
the period of time from sunset to sunrise, except that such a vehicle
may be parked for such periods of time as required for the continued
performance of any service on or delivery to premises contained in
said residential districts. Where such parking of a commercial vehicle
is occasioned by continuing construction or other work for which a
building permit is required, such parking shall only be permitted
if and to the extent authorized in the building permit.
(3)
Temporary or portable signs.
C.
Unless otherwise specifically provided for in § 275-18, all accessory buildings and structures shall adhere to the requirements set forth below. Where the requirements in this subsection conflict the standards of § 275-18, the standards of § 275-18 shall apply.
A.
Decks.
(1)
A deck shall have no enclosure other than the sides
of the principal building to which it is attached; provided, however,
that a deck may have a railing of open construction not over four
feet in height, with at least 1/2 of the area thereof open.
(2)
A deck which is more than three feet in height above
the average finished grade of the building to which it is attached
shall meet the minimum setback requirements for principal buildings.
All other decks shall be no closer than three feet to a side property
line nor closer than five feet to a rear property line.
C.
Fences and walls.
(1)
All fences or walls and their appurtenances shall be located inside
all lot line. No boundary fence or wall shall exceed a height of six
feet, except for fences and walls along property lines bordering Bryant
Avenue, Glen Cove Avenue, Glenwood Road and Scudders Lane, which shall
not exceed eight feet in height.
[Amended 5-12-2016 by L.L. No. 1-2016]
(2)
Electrically charged fences, barbed wire fences and
other fences constructed of sharp materials shall not be permitted.
(3)
No solid fence or wall shall be erected along any property line bordering
any street except for the following streets: Bryant Avenue, Glen Cove
Avenue, Glenwood Road and Scudders Lane, which may be solid and up
to eight feet in height.
[Amended 7-14-2008 by L.L. No. 2-2008]
(4)
No wall, fence, or other structure shall be erected
or altered and no hedge, tree, shrub or other growth shall be planted
or maintained on any lot which may obscure the view on a street or
at the intersection of streets endangering lives or property of the
users thereof.
(5)
All fences shall exhibit the finished, unbroken or
nonpost side toward the adjoining property. No supports, posts or
bracing shall be placed on the side of the fence facing adjoining
property.
(6)
For all fences and walls existing on June 1, 2016, the provisions
of this section only apply if the existing fence or wall is being
replaced in excess of 50% of its length.
[Added 5-12-2016 by L.L.
No. 1-2016]
(7)
Deer fences are permitted only on properties abutting the Nassau
County Preserve.
[Added 3-24-2022 by L.L. No. 5-2022]
(a)
The height shall not exceed eight feet.
(b)
The fence shall be black plastic netting with black posts.
(c)
The location of the fence is limited to property lines abutting the
Nassau County Preserve. Fence returns abutting residential properties
may be installed with the approval of the Building Department. Deer
fences are not permitted along the front property line.
D.
Garage and yard sales. Garage and yard sales shall
be permitted not more than once in any one calendar year per residential
property and shall be limited to items not specifically purchased
for resale. Said sales may only involve property from the occupant
of the specific property.
E.
Guest cottages. Guest cottages are no longer permitted
within the Village. Guest cottages which legally exist, either as
a legal nonconforming cottage predating Village zoning or as an approved
cottage with a Village approval for the use and existing structure
as of March 24, 2022, may remain.
[Amended 3-24-2022 by L.L. No. 4-2022]
F.
Piers, docks and boathouses.
(1)
Boathouses and covered moorages shall not exceed a
height of 10 feet above high tide, nor shall the aggregate floor area
of such structures exceed 500 square feet of the rear yard.
(2)
The maximum length that a pier may extend into the
water shall not exceed 50 feet beyond the high tide line, and a pier
shall not exceed six feet in width.
(3)
A pier shall be attached to the shore between the
minimum side yard setback lines projected into the water body.
G.
Parking of vehicles on a residential lot.
[Amended f11-9-2009 by L.L. No. 2-2009; 2-24-2021 by L.L. No. 2-2021]
(1)
All improved residential lots must provide for a designated parking
area that will accommodate a minimum of two vehicles, one of which
must be within a designated enclosed garage.
(2)
Off-street parking for any vehicle shall only be allowed in an enclosed
garage, or on a designated parking area that has been approved by
the Building Inspector and Village Architectural Consultant.
(3)
Parking of any vehicle on a residential lot, in other than a designated
parking area, shall be prohibited, unless authorized by the Board
of Trustees.
(4)
The storage or overnight parking of a boat, boat trailer, recreational
vehicle, unregistered vehicle or commercial registered vehicle on
a lot in the Village is prohibited, unless it is in an enclosed garage,
or in an area approved by the Board of Trustees.
(5)
A designated parking area shall be appropriately designed, located,
sized and screened to minimize the overall impacts, including lighting,
noise and visual appearance on the neighboring properties and be compatible
with the neighborhood and the Village. The designated parking area
plan shall be reviewed and approved by the Building Inspector and
Village Architectural Consultant, unless the plan is subject to site
plan review and then by the Planning Board.
(6)
All required screening shall be maintained by the owner and if it
dies or is diseased will be promptly replaced by the owner with equivalent
planting or screening.
H.
Radio and TV antennas.
(1)
Radio and TV antennas may be attached to principal
buildings as architectural projections and may project into the required
side or rear yard a maximum of two feet.
(2)
Freestanding antennas shall require their own foundation
and shall meet all required rear and side yard setback and height
standards for principal buildings.
I.
Residential signs. The following signs shall be permitted:
[Amended by 12-7-2000 by L.L. No. 3-2000]
(1)
Nonilluminated trespass and traffic signs, provided
that no such sign shall exceed nine square feet in area.
(2)
A nonilluminated informational or directional sign
or historic marker erected by a public agency and any similar sign
located within a public park or playground and erected and maintained
therein by the public agency having jurisdiction over such park or
playground, provided that no such sign shall exceed nine square feet
in area.
(3)
Directional, directory or announcement signs erected
and maintained by the Village in connection with a public or semipublic
building or attraction and municipal signs necessary to the public
welfare of the Village, after approval by the Board of Trustees.
(4)
Noncommercial signs, provided that:
(a)
No such sign shall exceed four square feet in
area.
(b)
The sign shall be set back a minimum of 20 feet
from the nearest road.
(c)
No sign may be erected on a public street or
right-of-way or on private property near the intersection of any street
so as to obstruct or impair free and clear vision of motorists or
of any sign displayed by a public entity for traffic instructions
or directions or other public information.
(5)
A temporary nonilluminated real estate sign or signboard
used in connection with the sale, lease or rental of the land or property
on which the sign is displayed, provided that:
(a)
No such sign or signboard shall exceed two square
feet in area;
(b)
Total height shall not exceed five feet from
the grade to the highest point of the sign or sign board structure;
(c)
No lot shall have more than one real estate
sign;
(d)
The sign may not contain the name of the realtor
or broker or otherwise use wording which directs attention to a business,
commodity or service conducted on or off the land or property on which
the sign is displayed;
(e)
The sign shall be on a white background;
(f)
The sign shall be set back a minimum of 20 feet
from the nearest road;
(g)
No sign shall be erected on a public street
or right-of-way or on private property near the intersection of any
street so as to obstruct or impair free and clear vision of motorists
or of any sign displayed by a public entity for traffic instructions
or directions or other public information;
(h)
No balloons, garlands, ribbons, or similar items
shall be attached or affixed to any sign or signboard; and
(i)
No sign or any part thereof may be in motion
by any means, including fluttering or rotating.
(6)
Nonconforming residential signs existing as of the
effective date of this chapter may remain for 90 days, at which time
any sign on property or land shall be brought into full conformance
with this chapter.
(7)
The following regulations shall apply to signs hereafter erected, altered or repaired in all residential districts, the fee for which shall be in accordance with that established in Article XIII of this chapter. No permit shall be required for any of the following residential signs which may be displayed in any district:
(a)
A nonilluminated nameplate for a home professional
office not exceeding two square feet in area bearing only the name
of the occupant or professional person residing on the land or property
on which the sign is displayed and indicating such person's profession.
(b)
A nonilluminated informational or directional
sign or historic marker erected by a public agency and any similar
sign located within a public park or playground.
(c)
Directional, directory or announcement signs
erected and maintained by the Village in connection with a public
or semipublic building or attraction and municipal signs necessary
to the public welfare of the Village.
(d)
Permitted noncommercial signs not exceeding
four square feet in area.
J.
Storage of recreational vehicles, campers, boats and
motor vehicle trailers
(1)
Only one recreational vehicle, camper, boat, boat
trailer or motor vehicle trailer shall be stored on an improved lot
and shall be owned by the owner or occupant of the dwelling or the
lot. An enclosed garage of sufficient size to accommodate such a vehicle
shall be provided. The recreational vehicle, camper, boat, boat trailer
or motor vehicle trailer shall be stored in the enclosed garage at
all times.
(2)
Such a vehicle shall be stored with the wheels attached
thereto or shall not be used for permanent or transient habitation
when so stored.
K.
Storage sheds and greenhouses.
(1)
The maximum size of a greenhouse shall be 100 square
feet for each 10,000 square feet of lot area, or a proportion thereof,
but in all cases may be at least 100 square feet in size.
(2)
No more than one storage shed or greenhouse shall
be permitted.
(3)
No storage shed or greenhouse shall exceed a height
of eight feet nor be located any closer to a property line than five
feet.
(4)
Applicants are encouraged to match the color and roofing
material of storage sheds with that of the principal building on the
lot.
(5)
Any storage shed or greenhouse which is attached to
a principal building or structure shall be considered part of the
principal building or structure for the purpose of measuring minimum
required setbacks.
(6)
Such structure shall not be used for the conduct of
any business located on or off the subject property nor storage for
any commercial enterprise or business on or off the subject property.
L.
Swimming pools and bathhouses. Such structure shall
not be used for the conduct of any business located on or off the
subject property nor storage for any commercial enterprise or business
on or off the subject property.
[Amended 6-9-2016 by L.L.
No. 4-2016]
(1)
A private swimming pool may be located in the rear
yard, or side yard, except that a pool shall not be located in the
minimum required side yard as measured from the inside wall surface
of in-ground pools and from the exterior edge of a deck for aboveground
and partially aboveground pools.
(2)
Adjacent to every front, side, and rear lot line contiguous
to the yard areas containing the pool, there shall be a protective
solid screen for a height of not less than four feet, so as to provide
an effective visual screen along such property lines. The requirement
of a visual screen shall be satisfied by the installation of either
a solid fence or a planting strip not less than four feet wide and
laid out with suitable plant material which will attain and be maintained
at a height of not less than four feet.
(3)
Outdoor pools shall be constructed in compliance with
the regulations of the Nassau County Health Department and other applicable
rules and regulations. For in-ground or partial in-ground pools, the
portion of the premises upon which a swimming pool is located shall
be entirely enclosed with an approved, quality, chain link wire, wooden
or other fence of not less than four feet in height. For aboveground
pools without decks, a ladder of the hinged type shall be provided
with locking devices such that, when the pool is not in use, the ladder
will be locked in the "up" position. For aboveground pools having
decks, a gate and fence at least three feet high above the level of
the deck shall be installed. Aboveground pools shall not be required
to have any additional fencing.
(4)
Gates.
(a)
Every gate or other opening in the fence enclosing any swimming pool
shall be kept securely closed and locked at all times when such pool
is not in use. All gates shall be equipped with a spring or such similar
device to automatically close the gate after use. The gate shall be
equipped with a latch which will automatically engage when the gate
closes. The latch release shall be located at least four feet above
adjacent ground level.
(5)
Notwithstanding the provision of Subsection L(1) above, no portion of a swimming pool shall be less than 20 feet from any property line.
(6)
All swimming pools shall be provided an acceptable
means of draining water. Proper disposal of backwash and all pool
water shall be required to drain to an acceptable wastewater disposal
system as approved by the Building Inspector.
(7)
No loudspeaking or amplifying device shall be permitted
that will project sound beyond the boundary of the property or lot
where any pool is located.
(8)
No lighting or spotlighting shall be permitted that
will project light rays beyond the bounds of the property or lot.
(9)
A bathhouse or cabana, swimming pool mechanical and electrical systems
and pool accessories, including slides and diving boards serving a
swimming pool, shall be permitted, provided they meet the setback
and other dimensional requirements for accessory uses and structures
in the district in which they are located.
(10)
No outdoor swimming pool shall be enclosed by
plastic, canvas or other similar material or temporary structure in
any fashion. For purposes of this section, a swimming pool cover no
greater than two feet above the surface of the water shall not be
deemed to be an enclosure or temporary structure.
(11)
Swimming pool equipment shall be screened to the extent reasonable
and practicable as required by the Building Inspector, to reduce and
minimize the adverse impacts of operation noise and visibility of
the unit from surrounding properties. The required screening shall
thereafter be maintained by the property owner.
[Added 2-12-2019 by L.L.
No. 3-2019[1]]
[1]
Editor's Note: This local law provided that it shall apply
to swimming pool equipment installed or replaced after 1-1-2019.
M.
On-site living quarters for employees of private recreational clubs. A building or structure or portion thereof customarily incidental and subordinate to the buildings or structures of a private recreational club may be used as living quarters for the purpose of providing housing for employees of the club provided that such housing facilities comply with the provisions of this chapter, including Article VI.
[Added 3-21-2007 by L.L. No. 3-2007]
N.
Accessory electrical generator equipment.
[Added 5-14-2012 by L.L. No. 2-2012]
(1)
For the purposes of this section, accessory electrical generator
equipment shall include an electric generator unit that is designed
to be used for providing temporary electrical service to a dwelling
and its component elements.
(2)
Accessory electrical generator equipment may be installed and maintained
in any residential district of the Village, provided it is:
(a)
Not located in the front yard.
(b)
Complies with the minimum side and rear setback requirements
for a dwelling, except the Building Inspector may allow a lesser setback
based upon practical difficulty presented by the site and provided
it does not further adversely impact neighboring properties. Under
no circumstances shall accessory electrical generator equipment have
a setback less than the required side and rear yard for an accessory
structure.
(c)
Equipped with and thereafter maintained with an adequate sound
attenuation enclosure and/or panels to have it be in compliance with
operational noise levels as shall be established by resolution of
the Board of Trustees.
(d)
Screened to the extent reasonable and practicable as required
by the Building Inspector, to reduce and minimize the adverse impacts
of operational noise and visibility of the unit from surrounding properties.
The required screening shall thereafter be maintained by the homeowner.
(3)
If accessory electrical generator equipment requires periodic testing,
it shall be scheduled during the weekday, between the hours of 10:00
a.m. and 3:00 p.m.
(4)
If requested by the Building Inspector, the property owner shall
submit to the Village an inspection report, prepared by an independent
certified sound testing firm, certifying that the accessory electrical
generator equipment is in current compliance with Village noise regulations
and levels.
O.
Heating, ventilation, air conditioning and electrical panels. All
exterior equipment for heating, ventilation, air conditioning and
electrical panels that are installed to service a building or structure
shall be screened to the extent reasonable and practicable as required
by the Building Inspector, to reduce and minimize the adverse impacts
of operation noise and visibility of the unit from surrounding properties.
The required screening shall thereafter be maintained by the property
owner.
[Added 2-12-2019 by L.L.
No. 3-2019[2]]
[2]
Editor's Note: This local law provided that it shall apply
to heating, ventilation, air conditioning and electrical panels installed
or replaced after 1-1-2019.
P.
Driveways.
For all properties in the Village, only one driveway access opening
shall be permitted, unless authorized by the Planning Board for only
safety considerations.
[Added 12-14-2020 by L.L.
No. 3-2020]
Q.
Cabanas.
[Added 11-30-2022 by L.L. No. 1-2023]
(1)
Cabanas, consisting of a residential unit no larger than 350 square
feet comprising no more than one room other than a bathroom, shall
have no fixed cooking equipment. No sleeping in a cabana is permitted.
(2)
Such cabanas shall adhere to all other requirements for accessory
structures in the district.
(3)
Such a cabana shall have a residential appearance and shall have
pitched roof and facade materials which match those of the principal
residence.
(4)
No air-conditioning or heating installations are permitted in cabanas.
In addition to the specific requirements for certain accessory business uses and structures provided for in § 275-20, all accessory business uses and structures shall be required to meet the following provisions:
A.
No accessory business use or structure may be established
on a lot prior to the establishment of the principal building or structure,
except temporary structures associated with the construction of the
principal building or structure.
C.
More than one accessory business use or structure
shall be permitted on a single lot, provided that the total area covered
by such buildings and structures does not cover more than 60% of the
rear yard or more than 60% of each side yard, or a total of 50% of
the rear and side yards when added together.
D.
Where adjacent to a residential use or district, the
gross floor area of all accessory buildings on a lot may not exceed
30% of the total floor area of all buildings on the lot.
E.
No accessory nonresidential use or structure shall
exceed one story or 15 feet in height, whichever is the lesser, and
in no event shall it exceed the height of the principal building on
the lot.
F.
Any use which is prohibited in accordance with § 275-11 shall be prohibited as an accessory use as well as a principal use.
G.
All business establishments or uses shall be provided
with adequate utilities, including sewage disposal systems, approved
by the Nassau County Department of Health.
H.
All buildings, structures, roads, works, and parking
areas shall conform to all applicable laws, regulations and local
laws relating to their construction, operation and maintenance.
I.
No use shall be permitted, either principal or accessory,
which creates or may create smoke, odors, corrosive or toxic fumes
or gas, obnoxious dust, vapor or wastes or offensive noises or vibrations
which may be detrimental to the health, safety or general welfare
of the Village.
A.
Fences and walls. Fences and walls in nonresidential districts shall be subject to the same supplemental requirements provided in § 275-18C for accessory residential uses and structures.
B.
Semipublic open air parking area.
(1)
Semipublic open air parking areas shall be provided
in conjunction with those uses which are required to provide off-street
parking spaces for customers, employees, visitors and other members
of the public for business uses.
(2)
Semipublic open air parking shall be provided on the
same lot as the principal use or building.
(3)
All semipublic open air parking areas shall be set
back a minimum of 25 feet from an existing residential use or zone
and at least five feet from any other property line and five feet
from any building on the same lot.
(4)
The following amounts of off-street parking shall
be provided for business uses:
|
Use
|
Number of Spaces per 1,000 Square Feet
Gross Floor Area
| |
|---|---|---|
|
Banks and financial uses
|
6
| |
|
Medical and dental offices
|
4
| |
|
Municipal uses
|
4
| |
|
Offices
|
4
| |
|
Personal service establishments
|
5
| |
|
Retail establishments
|
5
| |
|
Automobile sales establishments
|
5 plus 5 spaces per service or repair bay*
| |
|
Other uses not listed
|
At the discretion of the approving agency
|
|
*
|
*This amount is over and above space provided
for the display, storage or sale of any vehicle.
|
(5)
All spaces shall be at least nine feet wide by 18
feet in length served by a driveway or parking aisle of at least 24
feet in width.
(6)
Such parking areas shall be adequately screened by
means of fences, walls, beams or vegetative planting, or a combination
of the above, from neighboring properties.
C.
Business signs. Signs shall be permitted in all business
districts subject to the regulations below:
(1)
Business signs for identification of a business building
or use shall be limited to one wall or eave sign and one detached
or ground sign on each public street frontage of the building.
(a)
A wall identification sign shall be attached
to or incorporated in the building wall. Such sign shall have:
[1]
A maximum area of 1/2 square foot for each horizontal
foot of building wall on which it is mounted.
[2]
A maximum width of 20% of the building wall's
horizontal measurement, except that, where such horizontal measurement
is 20 feet or less, the maximum width may be 30% of such measurement.
[3]
A maximum height of 12 feet.
[4]
A maximum projection of 12 inches from the face
of the building wall to which the sign is attached to any part of
such sign.
(b)
An eave identification sign shall be attached
to the eave of a pitched roof. Such sign shall have:
[1]
A maximum area of 1/2 square foot for each horizontal
foot of building wall above which it is mounted.
[2]
A maximum width of 20% of the building wall's
horizontal measurement, except that, where such horizontal measurement
is 20 feet or less, the maximum width may be 30% of such measurement.
[3]
A maximum height of 12 feet but in no case exceeding
a height determined by averaging the heights of the eave end and ridge
of the roof slope on which such sign is mounted.
(d)
Identification signs may be double-faced.
(e)
Identification signs may be interior lighted
with nonglaring lights or may be illuminated by shielded floodlights;
provided, however, that intermittent or flashing lights shall not
be used on or in any sign. Moving or animated signs shall not be permitted.
(f)
All signs, except as hereinafter specifically
excluded, shall be the subject of a sign permit issued prior to erection.
All signs required to have permits shall at all times prominently
and permanently display the permit number on the face of the sign.
Failure to display the permit number shall constitute cause for revocation
of the sign permit by the Building Inspector in addition to any other
penalties or remedies prescribed in this chapter.
(g)
Temporary signs, or signs directing automobile
drivers to off-street parking areas, having an area of two square
feet or less shall not be required to have a sign permit.
(h)
Neither temporary or permanent signs resting
on or attached to vehicles nor portable, folding or movable signs
shall be used in such a way as to circumvent the provisions of this
chapter.
D.
Refuse collection, storage and recycling.
(1)
An enclosed area shall be provided for the temporary
outdoor storage of trash or recycling materials and other refuse.
Trash receptacles shall be covered. The enclosed area shall be on
a durable, paved surface and designed and screened by landscaping
or an attractive, solid architectural fence, so that the trash and
refuse will not be seen by the general public or from adjoining properties.
(2)
For each application for commercial or industrial
development utilizing 1,000 or more square feet of land, the applicant
shall provide the approving agency with estimates of the amount of
recyclable materials to be generated each week. A storage area of
sufficient size to accommodate up to one week of accumulation of designated
recyclable materials shall be provided.
(3)
For commercial uses which have more than one principal
use on the lot, more than one building on a lot or more than one tenant
within a building or lot, the approving agency may require the applicant
to designate a centralized storage area for recyclable materials.
(4)
Any commercial use generating wastes that are attractive
to rodents or insects, or which may be borne by wind or rain, shall
provide completely sealable containers for waste storage and collection.
