Exciting enhancements are coming soon to eCode360! Learn more 🡪
Village of Roslyn, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Code
New Laws (8) Index
This chapter shall be known and may be cited as the "Zoning Law of the Incorporated Village of Roslyn, New York."
There is hereby established a Comprehensive Zoning Plan for the Incorporated Village of Roslyn, which plan is set forth in the text, maps and schedules that constitute this chapter.
A. 
This plan is adopted for the purposes set forth in §§ 7-700, 7-702 and 7-704 of the Village Law of the State of New York and more particularly for the protection and promotion of the public health, safety, morals and general welfare of the Village in the following respects:
(1) 
Protecting the character of the Village as found in the desirability of the living environment provided by its residential neighborhoods and the quality and economic soundness of its business districts and assuring that further development in the Village will be in harmony with these characteristics.
(2) 
Providing a guiding pattern of land use and population density that:
(a) 
Represents the most appropriate use of land throughout the Village.
(b) 
Is a normal and beneficial evolution of the comprehensive planning that has guided the development of the Village from its beginnings.
(c) 
Recognizes sound trends in building development and land area design.
(d) 
Takes account of trends of development in the larger community of Nassau County of which the Village is a part.
(3) 
Aiding in providing an atmosphere of community safety and suburban quality of life in all neighborhoods of the Village.
(4) 
Aiding in bringing about the most beneficial relation between the uses of land and buildings and the movement of traffic through and the circulation of traffic within the Village, having particular regard for the avoidance of congestion in the streets in the Village and the provision of safe and convenient traffic access appropriate to the various uses of land and buildings throughout the Village.
(5) 
Aiding in providing a guide for public policy and action in the efficient provision of public facilities and services and for private enterprise in building development, investment and other activity relating to the uses of land and buildings throughout the Village.
B. 
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of public health, safety, morals and general welfare. Among the purposes of this chapter shall be the protection of the public interest by ensuring that development results in minimum disturbance of natural terrain and reduction in the potential for such adverse occurrences as soil erosion, siltation, slide damage, flooding problems, severe land and/or tree cutting or scarring and loss of vegetation, natural land cover and animal habitat. These regulations are designed to foster development of a character which respects the natural environments, the natural character, and the woodland views and conserves the esthetic and historic qualities of the land as well as the Village's man-made resources as an important part of Roslyn's heritage. It is not intended by this chapter to repeal, abrogate, annul, or in any way to impair or interfere with any existing provisions of law or ordinance or any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to any law, unless such rules, regulations or permits previously adopted are inconsistent with the provisions of this chapter. Where this chapter imposes a greater restriction upon the use of buildings or land or upon the height of buildings or requires larger yards or other open spaces than are imposed or required by such existing provisions of law or ordinances or by such rules, regulations or permits, the provisions of this chapter shall control.
For the purpose of this chapter certain words, terms and phrases shall be interpreted or defined as follows:
A. 
Word usage. Words in this chapter are defined for the purpose thereof as follows: words in the present tense include the future; the singular number includes the plural and vice versa; the word "lot" includes "plot"; the word "building" includes the word "structure"; structures shall be construed as though followed by the words "or part thereof"; and the word "shall" is always mandatory. Words not specifically defined in this chapter shall be given their plain and ordinary meanings. The titles of articles, sections or subsections are intended for the purpose of convenience and are not intended to influence the interpretation of any text.
B. 
Terms defined. As used in this chapter, unless the context or subject matter otherwise requires, the following words shall have the following meanings:
ACCESSORY BUILDING
A building subordinate and incidental to the main building on the same lot and used for purposes customarily incidental to those of the main building.[1]
ADMINISTRATIVE OFFICIAL
The Building Inspector for the Village of Roslyn or such other person designated by the Board of Trustees to enforce the provisions of this chapter.
ADULT USE
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides, videotapes, computer software and sexual paraphernalia or a personal service or entertainment establishment, any of which such establishments is customarily not open to the public generally but excludes any minor by reason of age.
ALTERATION
To change or rearrange the walls, roof, ceiling, floors, supporting beams, columns, or other structural parts of a building or structure, the interior plan or layout of a building or structure, the exterior architectural features of a building or structure, or the exit facilities of a building or structure, or the moving of a building or structure from one location to another.
APARTMENT HOUSE
A residence building accommodating three or more families, living independently of each other, and having kitchen and sanitation facilities in each dwelling unit.
APPROVED
The term "approved" as applied to any material, device, or mode of construction means written approval by the Building Inspector, which approval will be given only after satisfactory evidence of impartial tests is submitted to the Building Inspector.
BASEMENT
A story partly underground but having at least half of its floor-to-ceiling height above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of height measurement of a building if any exterior wall(s) facing a public street has a height of five feet or more above the existing or proposed grade, whichever is lower.
[Amended 9-18-2007 by L.L. No. 3-2007]
BUILDING
A structure wholly or partially enclosed within exterior walls, or within exterior or party walls, and a roof affording shelter to persons, animals, or property.
BUILDING AREA
Building area shall be determined by measuring around the exterior of the foundation walls or foundation structure of a building and shall include the floor area of porches, patios, decks, balconies and terraces.
[Amended 7-22-2003 by L.L. No. 1-2003]
BUILDING COVERAGE
The percentage of lot area covered by the total of building area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of private residential garages, uncovered porches, terraces and steps.
BUILDING HEIGHT
The vertical distance measured from the level of the finished adjoining ground or grade to the highest point of the roof deck in the case of flat roofs and to the mean level between the eaves and the highest point of the roof in the case of other than flat roofs. Each side of the building shall meet this requirement separately. The following projections shall be permitted above the flat roof deck level in R-C, C-V, C-N, C-H, O-I and R-MF Districts only:
(1) 
Parapets not exceeding two feet in height.
(2) 
Chimneys not exceeding four feet in height.
BUILDING INSPECTOR
The person charged with the inspection, approval and issuance of permits for the construction, alteration, or demolition of buildings or other structures in the Village (irrespective of the official title being used to designate such office). Also known as "Superintendent of Buildings."
CELLAR
The part of a building which is partly or wholly underground but having less than half of its floor-to-ceiling height above the average level of the adjoining ground. A cellar shall not be counted as a story for purposes of height measurement of a building.
COURT, INNER
An open, unoccupied space, other than a yard, on the same lot with a building or buildings not extending to either the street or the rear yard.
COURT, OUTER
An open, unoccupied space, other than a yard, on the same lot with a building or buildings extending to either the street or the rear yard. The depth of an outer court is the distance which an outer court projects into the building from the outer wall thereof. The width of an outer court is its other horizontal dimension.
CURB GRADE
The established elevation of a curb in front of the building measured at the center of such front.
DEMOLITION
The dismantling or razing of all or part of a building or structure, including all operations incidental thereto.
DWELLING
A building or structure or part thereof designed exclusively as living quarters and containing cooking facilities. The term "dwelling" or any combination of the term "dwelling" with any other word or words shall not be deemed to include a hotel, rooming house, motel, tourist home, mobile home, hospital, dormitory, tent, fraternity or other accommodations or uses in similar categories.
DWELLING, MULTIPLE
A dwelling, including an apartment house, containing three or more dwelling units separated by uninterrupted party walls, partitions or floors and designed for occupancy by three or more families living independently of each other.
DWELLING, ONE-FAMILY
A detached dwelling consisting of a building containing one dwelling unit only and not occupied or designed for occupancy by more than one family.
DWELLING, TWO-FAMILY
A detached dwelling containing two dwelling units only, separated by uninterrupted party walls, partitions or floors, and not designed for occupancy by more than two families living independently of each other.
FAMILY
(1) 
One or more persons, whether or not related to each other by blood, marriage or adoption, all living together as a single, stable, permanent and bona fide housekeeping unit, so long as such persons together occupy and own, lease or rent the whole of a separate building or dwelling unit in a family-like living arrangement as the functional and factual equivalent of a natural family and use all rooms and housekeeping facilities in common.
(2) 
Any such number of persons shall not be deemed to constitute a family if:
(a) 
Any one of such persons may not have lawful access to all parts of the separate building or dwelling unit;
(b) 
Any one or more of such persons lease or rent any separate portion of such separate building or dwelling unit from any other person; or
(c) 
Residency is temporary or transitional, either as part of an educational, medical, rehabilitational or treatment process or otherwise.
(3) 
It shall be presumed that a separate building or dwelling unit is occupied by more than one family if any two or more of the following features may be found to exist by the Superintendent of Buildings (or other person designated by the Mayor and Board of Trustees to enforce this chapter): more than one mailbox, mail slot or post office address; more than one doorbell or doorway on the same side of the separate building or dwelling unit; more than one electric meter; more than one gas meter; more than one connecting line for cable television; separate entrances for segregated portions of the separate building or dwelling unit; partitions or locked doors barring access between segregated portions of the separate building or dwelling unit, including bedrooms; separate written or oral leases or rental agreements or the payment of rent for portions of the separate building or dwelling unit among its owner or residents; or two or more kitchens, each of which contains a range or oven, refrigerator and sink, unless it is otherwise proven by evidence presented to the Superintendent of Buildings (or other person designated by the Mayor and Board of Trustees to enforce this chapter) by the owner or resident of the separate building or dwelling unit that is occupied by one family (all as defined in this section). The presumption provided for in this subsection shall be rebuttable. Such presumption shall not preclude the Superintendent of Buildings (or any other person designated by the Mayor and Board of Trustees to enforce of this chapter) from making a determination that the separate building or dwelling unit is not occupied by one family based on other facts, whether or not listed in this subsection.
(4) 
The Superintendent of Buildings (or any other person designated by the Mayor and Board of Trustees to enforce this chapter) shall make the primary determination as to the application of this definition of "family" for the purposes of compliance with any provisions of this chapter and the New York State Building Code, based upon an inspection of the premises, any information received from the residents thereof or any other persons, or documentary or any other written evidence as to the condition of the premises or the relationship and living arrangements of the residents, in consultation with the Village Attorney, and the determination shall be presumed to be correct and final, subject to review of or appeal to the Zoning Board of Appeals and judicial review as provided by law.
FLOOR AREA
The area measured in square feet of a floor of a building, measured at the exterior of the walls thereof.
FLOOR AREA RATIO (FAR)
The floor area in square feet of a building or buildings divided by the area in square feet of the plot on which the building or buildings are situated.
GARAGE, MULTIPLE-DWELLING
Consists of a basement garage or accessory garage building or a combination of either of them with an outdoor parking space providing for one parking space consisting of not less than 200 square feet for the parking of each noncommercial automobile for each apartment unit.
GARAGE, PRIVATE
A detached accessory building or part of a main building used only for the parking or temporary storage of automobiles of the occupants of the main building or building group to which the garage is accessory or of which it is a part and in which no service, occupation or business is conducted.
GARAGE, PUBLIC
A building, other than a private garage, available to the public and operated as a commercial business, regardless of profit or loss, and used for the storage or repair, only as an incidental use, of automobiles.
HALF STORY
Either of the following conditions shall be considered a half story for the purpose of determining maximum building height:
[Added 9-18-2007 by L.L. No. 3-2007]
(1) 
A space under a sloping roof where:
(a) 
The line of intersection of the rafter bottoms and the interior wall surface is not more than five feet above floor level; and
(b) 
Fifty percent or more of the area has a ceiling height of seven feet or less.
(2) 
A basement when one or more exterior walls facing a public street have a height of five feet or more.
HOME, MOBILE
A structure or vehicle containing one or more habitable units that is so designed as to be transportable, either by being drawn or propelled or under its own power. This definition shall apply irrespective of whether or not the wheels or other devices for transportability are actually in place. A trailer, house car or similar designations are deemed to be mobile homes.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling solely by the inhabitants thereof which is clearly incidental to the residential use and in connection with which there are no sounds audible outside the building, no display of goods visible from outside the building, no signs or other advertising, and no selling of a commodity on the premises and which use does not occupy more than 25% of the habitable floor area of the dwelling and does not in any way change, alter or modify the residential character or appearance of the building.
HOME PROFESSIONAL OFFICE
The office or studio of a physician, dentist, architect, accountant, artist, musician, chiropractor, chiropodist, osteopath, podiatrist, professional engineer, real estate or insurance broker or lawyer, provided that such use is clearly incidental to the resident's use of the premises and is conducted entirely within a dwelling in which the practitioner resides, not more than three assistants or employees are employed, such use does not occupy more than 25% of the habitable floor area of the dwelling, there is no display of goods or of advertising other than a professional nameplate, there is no alteration or change to the building exterior which will change or modify the residential character or appearance thereof, and such use does not have any feature which is annoying, offensive or harmful to public health, safety or general welfare by reason of noise, glare, vibration, odor, radiation, dust, fumes or undue traffic. The establishment or maintenance of a professional office in the home for a profession not specifically enumerated herein shall require the granting of a special permit by the Board of Trustees.
HOSPITAL
An institution licensed for the care of at least four sick, injured, infirm or aged persons, but excluding a penal, correctional or mental institution or institutions for alcoholics or drug addicts.
HOTEL
A building or portion thereof containing sleeping accommodations hired or rented (in 10 or more rooms) for transient guests, without individual kitchen facilities, whether such establishment is designated as a hotel, inn, motel, motor hotel, motor lodge or term of similar meaning. "Hotel" shall also include rooming houses and bed-and-breakfast establishments.
LIGHT INDUSTRIAL USE
The manufacture of articles or the assembling of finished or unfinished manufactured parts by hand or by machines, no one of which shall be operated by a motor having a rated capacity in excess of five horsepower. Repairing shall also be deemed to be included within the term "light industrial use."
LOT
A vacant parcel of land or a parcel occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter, and such open spaces as are arranged and designed to be used in connection with such building.
LOT AREA
The total area of a lot located within the border thereof.
LOT, CORNER
A parcel of land at the junction of and fronting on two or more intersecting streets.
LOT COVERAGE
The square footage of a lot covered by primary and accessory structures.
LOT, DEPTH OF
The mean distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.
LOT FRONTAGE
That dimension of a lot measured along the front lot or street line thereof or, if said front lot or street line is curved, along the chord of the arc. On a corner lot, the lot shall be deemed to front on the street with the narrower frontage, and where the two street frontages are of the same length the owner may elect either street frontage as the front lot line.
LOT, INTERIOR
A lot other than a corner lot.
LOT WIDTH
The distance between the mean points along the side lines of a lot.
NONCONFORMING LOT, BUILDING, STRUCTURE OR USE
A preexisting lot, building, structure or use or any part thereof that does not conform to the regulations prescribed for the district in which it is situated.
NURSERY SCHOOL
A regularly organized school, licensed by the State of New York, operated to provide daytime instruction, guidance or education for children two to five years of age inclusive.
PARKING AREA, PRIVATE
An open off-street area, as an accessory use, containing parking spaces for automobiles owned by occupants of a main building or their employees or customers.
PERSON
Any individual, partnership, association, or corporation or other business or legal entity.
PORCH
Includes any porch, veranda, gallery, terrace, pergola, piazza, portico or similar projection from a main wall of a building which is covered by a roof and which is not heated.
PREEXISTING BUILDING
A building or part thereof which, with respect to the application thereto of any regulation prescribed by this chapter:
(1) 
Was lawfully in existence at the time that such regulation became applicable thereto, whether by the adoption of the first zoning ordinance or local law replacing the same, including this chapter, or of any amendments to any of the foregoing; and
(2) 
Has not since that time been altered in any manner or moved so as thereby to make impossible the full and strict application of such regulation to such building.
PUBLIC PLACE
Any place available to or used by the general public, whether or not an admission fee is charged, including but not limited to restaurants, discotheques, cabarets, bars, social clubs, amusement parks, penny arcades, game rooms and other similar establishments.
ROW HOUSE
An attached single-family or two-family dwelling without common parking areas.
SCHOOL, PRIVATE
An institution or place for learning, limited to prekindergarten through grade 12, other than a public school, but furnishing a comprehensive curriculum of academic instruction either similar to that of a public school or otherwise meeting educational requirements of the laws of the State of New York. This shall not include a college, nursery school, day camp, professional school or a school giving special or limited instruction in areas of learning such as business, art, music, dance or riding.[2]
SCHOOL, PROFESSIONAL
A school giving regular instruction in professional subjects, such as, without limitation, the dramatic or graphic arts, business, dancing, languages, music, sciences or stenography and secretarial courses.
SCHOOL, PUBLIC
An institution or place for learning, limited to prekindergarten through grade 12, operated by a public school district under the laws of the State of New York. This shall not include a college, nursery school, day camp, professional school or a school giving special or limited instruction in areas of learning such as business, art, music, dance or riding.
STORY
That part of any building comprised between the surface of one floor, except a cellar floor, and the surface of the next higher floor, or, if there is no higher floor, then that part of the building compromised between the surface of the highest floor and the ceiling above, except an attic ceiling.
STREET LINE
The dividing line between the street and the lot.
STRUCTURE
Any combination of materials forming any construction and including, among other things, heating or air-conditioning units, stadiums, tents, trailers (whether movable or stationary), reviewing stands, platforms, decks, gazebos, stagings, observation towers, radio and television towers and antennas, gasoline pumps, water tanks, standpipes, outdoor bins and sheds, outdoor pools, walls, fences, trellises, pergolas, gates, gateposts, signs and masonry work. The word "structure" shall be construed as though followed by the words "or part thereof."
[Amended 7-22-2003 by L.L. No. 1-2003]
SUPERINTENDENT OF BUILDINGS
The person charged with the inspection, approval and issuance of permits for the construction, alteration, or demolition of buildings or other structures in the Village (irrespective of the official title being used to designate such office). Also known as "Building Inspector."
TOWNHOUSE
An attached single-family or two-family dwelling with common parking areas.
USE
The purpose for which land or a building or a structure, or a portion thereof, is designed, arranged, intended, occupied or maintained. The term "permitted use" or any variant or any other form of said term having the same meaning shall not be deemed to include any nonconforming use.
USE, ACCESSORY
A use which is customarily associated with and incidental and subordinate to the principal uses of a lot or a building and which is located on the same lot therewith.
USE, SPECIAL
A use prohibited unless a permit therefor shall have been received from the Board of Trustees.
VEHICLE, COMMERCIAL
Any trailer, boat, tractor, van, truck or motor vehicle licensed or used for transportation for compensation or for hire of persons or property or used in conjunction with a trade or occupation. For the purposes of this definition, a limousine is presumed to be a commercial vehicle. Lack of commercial license plate or commercial registration shall not be conclusive proof that a vehicle is not a commercial vehicle within this definition.
YARD
An open, unoccupied space on the same lot with the building, open and unobstructed from the ground to the sky, except as otherwise provided in this chapter.
YARD, FRONT
A yard extending between the side lines of the lot and lying between the front line of the lot and the nearest point of the building.
[Amended 7-22-2003 by L.L. No. 1-2003]
YARD, REAR
A yard extending between the side lines of the lot and lying between the rear line of the lot and the nearest point of the building.
[Amended 7-22-2003 by L.L. No. 1-2003]
YARD, SIDE
A yard between the side line of the lot and the nearest point of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front or rear line, as the case may be, of the lot.
[Amended 7-22-2003 by L.L. No. 1-2003 ]
[1]
Editor's Note: The definition of "accessory use" which immediately followed this definition was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See the definition of "use, accessory" in this section.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Districts.
(1) 
The Village of Roslyn is hereby divided into the zones or districts as shown on the Zoning Map and listed below:
[Amended 9-21-2010 by L.L. No. 1-2010; 7-17-2012 by L.L. No. 3-2012; 12-17-2013 by L.L. No. 5-2013]
R-1
Low-Density Single-Family Residential District
R-2
Medium-Density Single-Family Residential District
R-3
One-Family Residential District
R-4
Low-Density Single-Family Residential - Special Character District
R-MF
Multifamily Residential District
R-WD
Waterfront Residential District
R-C
Residential Commercial District
C-V
Village Commercial District
C-N
Neighborhood Commercial District
C-H
Highway Commercial District
WMU
Waterfront Mixed-Use District
OSR
Open Space Recreation District
(2) 
As provided for on the Zoning Overlay Map, the following districts shall also apply to the Village of Roslyn:
HS-O
Historic/Scenic Overlay District
HP-O
Hillside Protection Overlay District
WD-O
Waterfront Development Overlay District
(3) 
For the purposes of this chapter, unless otherwise specified, all development shall be subject to the regulations of both the zoning districts and the overlay districts in which it is located. Where the provisions of the zoning district conflict with the provisions of the zoning overlay district, the provisions of the overlay district shall take precedence.
B. 
Zoning Map. The boundaries of said districts are hereby established as shown on the Zoning Map, Village of Roslyn, Nassau County, New York, and the Zoning Overlay Map of Village of Roslyn, Nassau County, New York, dated February 13, 1997, which accompany and which with all explanatory matter thereon are hereby adopted and made a part of this chapter. Said maps, indicating the latest amendments, shall be kept up-to-date in the office of the Village Clerk/Treasurer for the use and benefit of the public.
C. 
Rules in interpretation of district boundaries. In determining the boundaries of districts shown on the Zoning Map and the Zoning Overlay Map, the following rules shall apply:
(1) 
Unless otherwise shown, the district boundary lines shall be construed to coincide with the center lines of streets, alleys, parkways, waterways, or railroad rights-of-way or such lines extended.
(2) 
Where such boundary lines are indicated as approximately following the property lines of parks or other publicly owned lands, such lines shall be construed to be such boundaries.
(3) 
In all other cases, where dimensions are not shown on the map, the locations of district boundary lines shown on the map shall be determined by the use of the scale appearing thereon.
(4) 
In cases of uncertainty or disagreement as to the true location of any zone boundary line, the determination thereof shall lie with the Zoning Board of Appeals in accordance with § 470-114 of this chapter.
D. 
Effect of establishment of districts. Following the effective date of this chapter, no building shall be erected, altered or used and no premises shall be used for any purpose other than a purpose permitted in the zone in which such building shall be erected, altered or used or such premises used, except in conformity with the regulations prescribed in this chapter for the zone in which such building or premises is located. In addition, all development lying wholly or partly within any overlay district shall be subject to the review procedures, standards and regulations set forth in this chapter.
E. 
Prior construction. Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building or structure, a substantial portion of the construction of which was lawfully completed at the date this chapter or any amendment thereof affecting the same takes effect and which construction is completed within one year after such date.
F. 
Prohibited uses. Any use which is not specifically permitted under this chapter shall be a prohibited use. Whenever a use is specifically prohibited by any provision of this chapter, such use is listed for illustration purposes and shall not affect or otherwise limit the rule of this subsection.
The schedule titled "Schedule of Area, Yard and Building Requirements" which accompanies this chapter shall set forth the minimum and/or maximum area, yard, height, building and lot coverage dimensions and floor area ratio for all lots and buildings in the Village of Roslyn, except as noted below.[1]
A. 
Corner lots. All detached single-family residential structures on corner lots shall be required to comply with the front yard restriction only on the narrower street front. The depth of yard from the other street line shall be 25% of the width of the lot but need not be more than 25 feet in the R-1 District, not more than 20 feet in the R-2 District and the R-C District, and not more than 10 feet in the R-3 District and the R-WD District. All other uses in all residential districts located on corner lots shall be required to comply with the front yard requirements on all street frontages.
B. 
Landscaped buffers. Any commercial property that, in addition to frontage on a public street, has a property line on a park, waterway, or public easement that is utilized or can be seen by the public, or adjoins a residential zone, shall maintain landscaping, fencing, screening and walls or a combination thereof that screens outdoor storage, garbage collection, parking, loading, or any other unsightly elements or activities.
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.