In a B Residence District, the following regulations shall apply.
A building may be erected, altered or used and a lot or premises
may be used for any of the following purposes, and for no other:
[Effective 11-29-2005]
Accessory uses on the same lot with and customarily incidental
to any of the above-permitted uses, including a private garage, are
permitted. This shall be understood to include the professional office
or studio of a doctor, dentist, masseur, teacher, artist, architect,
real estate broker, engineer, musician or lawyer, or rooms used for
home occupations such as dressmaking, millinery or similar handicrafts,
provided that the office, studio or occupational room is located in
the dwelling in which the practitioner resides, and provided further
that no goods are publicly displayed on the premises.
Such signs which are authorized under the provisions of Article XXIV are permitted.
No excavations for purposes other than the construction of a
driveway, walk, a permitted wall or building or part thereof or accessory
thereto, or to remove topsoil from one part of the lands of an owner
to another part of the same premises, when such removal is necessary
as an accessory use or is for the purpose of farming or improving
said property, shall be made unless approved by the Board of Appeals.
Special uses, when approved by the Board of Appeals pursuant to § 272, are permitted.
A.
In the case of a single-family dwelling, no building shall be greater
in height than 2 1/2 stories, with a maximum height of 30 feet.
[Effective 1-3-1970]
B.
In case of a building other than a single-family dwelling, no building
shall be greater than three stories or 45 feet in height, except a
church.
[Effective 7-7-2007]
The Building area shall not exceed 27.5% of the lot area, except
that additional lot area may be devoted to accessory decking of no
greater than three feet in height, provided that it shall not increase
overall lot area coverage beyond 30% of the lot.
A.
The required front yard depth shall be the same as the average front
yard depth of the existing buildings within 200 feet on each side
of the lot and within the same block in the same use district, or
if there are less than two existing buildings on the same side of
the street, the average front yard depth of existing buildings within
200 feet on each side directly opposite the lot in the same use district.
In any case, no front yard shall be required to have a depth greater
than 40 feet.
[Effective 7-29-1974]
B.
In case of a corner lot, a front yard shall be required on each street,
and notwithstanding the foregoing, each front yard shall be not less
than 25 feet, provided that, if at the effective date of this ordinance
any corner lot is held in single and separate ownership having a width
of less than 55 feet, the depth of the front yard on one side of the
lot may be decreased when authorized as a special exception by the
Board of Appeals.
A.
In case of a dwelling, there shall be two side yards, one on each
side of the main building, and they shall be subject to the following
regulations:
[Effective 7-7-2007]
(1)
In the case of a dwelling on a lot with a width of less than 50 feet
at the front setback line, the minimum required aggregate side yard
width shall be not less than the average side yard aggregate widths
established by the existing main buildings of single- or two-family
dwelling lots within 200 feet on each side of the lot, and within
200 feet on each side directly opposite the lot, except that the maximum
required aggregate side yard width shall be 15 feet, and neither individual
side yard shall be of a width that is less than 50% of the width of
the opposite side yard.
(2)
In the case of a dwelling on a lot with a width at the front setback
line of at least 50 feet but less than 60 feet, the minimum required
aggregate side yard width shall be 15 feet, and neither individual
side yard shall be of a width less than 50% of the width of the opposite
side yard.
(3)
For a dwelling on a lot with a width at the front setback line of
at least 60 feet but less than 80 feet, the required minimum aggregate
side yard width shall be not less than 25% of the width of the lot
at the front setback line, and neither individual side yard shall
be of a width less than 50% of the width of the opposite side yard.
(4)
For a dwelling on a lot with a width at the front setback line of
at least 80 feet but less than 90 feet, the required minimum aggregate
side yard width shall be not less than 30% of the width of the lot
at the front setback line, and neither individual side yard shall
be of a width less than 50% of the width of the opposite side yard.
(5)
For a dwelling on a lot with a width at the front setback line of
90 feet or greater, the required minimum aggregate side yard width
shall be not less than 35% of the width of the lot at the front setback
line, and neither individual side yard shall be of a width less than
50% of the width of the opposite side yard.
B.
In case any building other than a single-family dwelling or a building
accessory thereto. there shall be two side yards. If such building
is not over 40 feet high, the width of each of the two side yards
shall be at least 20 feet; and if such building is over 40 feet high,
this width shall be increased five feet for each 12 feet or portion
thereof by which the building exceeds 40 feet.
There shall be a rear yard, the depth of which shall be at least
25 feet, provided that, if at the time this ordinance becomes effective
any lot is held in single and separate ownership with a depth of less
than 100 feet, the required depth of the rear yard may be diminished
by three inches for each foot of difference between 100 feet and the
depth of the plot, but in no case shall the depth of the rear yard
be less than 15 feet. In case of a building over 40 feet high, the
depth shall be increased five feet for each 12 feet or portion thereof
by which the building exceeds 40 feet in height.
A.
The following encroachments are hereby permitted:
[Effective 1-27-1991; 6-8-2012]
(1)
Cornices, eaves, gutters, chimneys or bay windows projecting not
more than 24 inches.
(2)
One-story open porches and terraces not exceeding three feet in height
projecting not more than six feet into a front or rear yard.
(3)
One-story enclosed front vestibules not greater than six feet wide
and five feet deep.
(4)
One-story additions to the main dwelling projecting into one of the
required side yards, provided that the area of encroachment shall
be used for garage purposes only, and provided further that neither
side yard shall be less than five feet wide, and provided further
that the aggregate widths of the two side yards shall be at least
12 feet.
(5)
One-story additions to the main dwelling encroaching into the required
rear yard, provided that the area of encroachment is not in excess
of 240 square feet, and provided further that the rear yard shall
not be diminished thereby to a depth of less than 15 feet.
(6)
One-story additions to the exterior of the main dwelling containing
only an aboveground fuel-oil storage tank used for heating the premises
upon which installation is made, projecting into one of the required
side yards, provided that said side yard shall not be diminished thereby
to a width of less than five feet.
(7)
Air-conditioning condenser units, emergency generators, basement
stairs and basement areaways, projecting into one of the required
side yards, provided that said side yard shall not be diminished thereby
to a width of less than five feet.
(8)
Retractable
awnings encroaching into any yard, provided that the yard shall not
be diminished to a depth of less than two feet. Additionally such
retractable awnings shall not be calculated into lot coverage.
(9)
Exclusive
of encroachments permitted under this section and structures approved
by Board of Appeals grant, second-story additions above existing permitted
one-story structures may project into any required yard, provided
that they do not extend beyond the wall of the existing structure.
(10)
Sheds
which have an inside capacity of less than 52 cubic feet and do not
exceed 72 inches in height shall not require building permits. Furthermore,
these types of sheds may project into one of the required side yards,
provided that the said, side yard shall not be diminished to a width
of less than five feet.
B.
In any case where the Board of Appeals had diminished a required
yard by a variance or special exception, none of the foregoing encroachments
shall be permitted encroachments in such diminished yard.
[Effective 3-28-1975; 10-11-2009]
A fence, not exceeding six feet in height, shall be permitted on the rear lot line and those linear portions of the side lot lines enclosing a rear yard; provided, however, that the six-foot fencing and its relationship to the street fronting upon the premises shall not exceed a greater distance frontward to the street than the front building line of the dwelling; provided that any fencing frontward of the front building line shall be no greater than four feet in height, and of a type which does not substantially obstruct line of sight, and provided that there shall be compliance with § 311 of Article XXXI of this ordinance, with respect to clear sight triangles.
A.
Accessory buildings may occupy 40% of the required area of the rear
yard up to an average height of 12 feet. The yard area occupied by
such accessory building shall, however, be included in computing the
maximum percentage of the lot area which may be built upon. No accessory
building shall be nearer any front property line than 45 feet and
must be at least two feet from the rear and side property lines, except
that accessory garages may have a party wall. However, in the case
of an accessory private garage which may include a porch or an enclosed
patio annexed thereto, it may be located not nearer to the front property
line than the main building which it tends and must be not less than
five feet from any side line; should such accessory garage be located
45 feet or more from the front property line, it cannot be less than
two feet from the side and rear property lines.
B.
In the case of a corner lot, an accessory building shall be neither more nor less than two feet from the rear and side property lines, except in the case of an accessory private garage. which may be located not nearer to the front property line than the main building which it tends and must be not less than five feet from any side line, but must in any other event and in all other respects conform to Subsection A of this section.
C.
Exclusive of an accessory private garage and a cabana permitted as an accessory to a swimming pool pursuant to § 252A(6) of Article XXV, only one structure can be erected and thereafter maintained, and such structure shall be erected on the ground and in the rear yard only and shall not exceed 144 square feet of floor area, nine feet in height maximum and 12 feet horizontally maximum, unless authorized as a special exception by the Board of Appeals.
[Effective 11-29-2005]
A.
No dwelling or other building shall be constructed on a lot unless
it contains an area of not less than 6,000 square feet and has a minimum
width of 55 feet at the front setback line and either has a minimum
width of 55 feet from and on the street line to the front setback
line or is a lot designated on a plat heretofore or hereafter duly
filed in the office of the Clerk of the County of Nassau. The foregoing
provision shall not apply to the construction of accessory uses, dwelling
additions or building additions on a lot. The minimum lot or plot
width and area and frontage regulations herein set forth shall not
apply to any lot or plot having an area and/or width and/or frontage
of less than that prescribed herein, provided that such lot or plot
has an area of at least 4,000 square feet and was under different
ownership from that of any adjoining land on October 25, 1957, and
provided further that such lot or plot and any adjoining land did
not come into common ownership since that date.
[Effective 1-29-1988]
B.
If any plot on which a building has been erected shall be subdivided into two or more plots in such a manner that the resulting plot on which such building remains shall not comply with Subsection A hereof, the right of the owner thereof to maintain such building on such plot shall immediately cease, and he shall remove the same on the order of the Town Building Inspector.
