Steps and landings solely used for egress, chimneys not projecting
more than two feet, and bay windows that do not aggregate in width
more than 1/2 of the width of the frontage of the building may project
not more than three feet in front of it. No porch or piazza may project
in front of the main wall above the second story. No projections shall
project beyond the front line of apartment buildings except molded
cornices, sills, pilasters and base courses not to exceed four inches;
also, ornamental, nonsupporting pilasters or columns, entablatures,
pediments and steps at the main entrance doorways may project out
18 inches beyond the wall line where the buildings sit back 15 feet
or more. This section shall not apply, however, to buildings erected
in a Residence A District.
No public garage, stable or gasoline-vending station shall be
erected or used within 200 feet of any premises used for a school,
public library, church, hospital or orphanage.
Any provision herein to the contrary notwithstanding, the Board
of Trustees may, upon application and after a public hearing, permit
any land to be used and any building or other structure to be erected
or used in any district of the Village for the office, station or
facilities of a public utility and for the maintenance and operation
of public utility machinery and equipment if said Board shall find
that such use is necessary for adequate public utility service to
any of the residents of the Village and that the proposed location
thereof is the most appropriate available location in the Village
therefor, considering the efficient operation of such utility, the
use district in which such property is located, the character of the
neighborhood and the possible effect of the maintenance of such use
on the value of buildings in the vicinity; and said Board may, if
it grants such permit, impose such reasonable conditions thereto as
it shall deem necessary or desirable to carry out the purposes set
forth in the Village Law, upon the considerations set forth in said
section.
In any district where a two-family dwelling is a permitted use,
a two-family dwelling may be maintained or constructed, provided:
A. The plot on which the two-family dwelling is erected shall have an
area of at least 12,000 square feet;
B. Four parking spaces are provided on site; and
C. No dwelling unit may be located below grade.
[Added 12-6-2023 by L.L. No. 4-2023]
A. A rental
dwelling or dwelling unit occupied by persons other than the owner
or a family member of the owner and for which rent is received by
the owner, directly or indirectly, in exchange for such rental occupation
for a period of less than 28 nights. For the purposes of this chapter,
the term "transient rental property" shall mean all non-owner-occupied
dwelling units rented for a period of less than 28 nights and shall
not include:
(1) Properties used exclusively for nonresidential commercial purposes
in any zoning district; or
(2) Any legally operating hotel/motel business operating exclusively
and catering to transient clientele; that is, customers who customarily
reside at these establishments for short durations for the purpose
of vacationing, travel, business, recreational activities, conventions,
emergencies and other activities that are customary to a commercial
hotel/motel business.
B. Presumption
of dwelling unit as transient rental property.
(1) The presence of the following shall create a presumption that a dwelling
unit is being used as a transient rental property:
(a) The dwelling unit or any room therein is offered for lease on a short-term
rental website, including Airbnb, Home Away, VRBO and the like for
a period of less than 28 days; or
(b) The dwelling is offered for lease in any medium for a period of less
than 28 nights.
(2) The foregoing presumption may be rebutted by evidence presented to
the Code Enforcement Official that the dwelling unit is not a transient
rental property.
C. No
property located in the Residence A, Residence B, Residence C, and
Residence D Districts shall be occupied, used, rented and/or leased
as transient rental property.
D. It
is illegal to advertise a transient rental property within the Incorporated
Village of Malverne.