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.
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.
(1) No accessory residential uses or structures shall be permitted in the front yard, except for fences and walls as provided for in §
275-18C and signs in accordance with §
275-18I.
(2) More than one accessory residential 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 20% of the
rear yard.
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.
B. No accessory business uses or structures shall be permitted in the front yard, except for fences and walls as provided for in §
275-20A and signs in accordance with §
275-20C.
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.