In an A 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:
[Amended 6-13-2016 by L.L. No. 2-2016]
Accessory uses on the same lot with and customarily
incidental to 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,
and other similar uses that may be authorized by the Board of Zoning
Appeals, 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. In any
event, no more than one employee may be permitted at an accessory
use.
[Added 8-10-2015 by L.L.
No. 2-2015]
A.
No tennis or sports court may be constructed, maintained or used
on any lot or premises except as an accessory use to a single-family
residence located on the same lot or premises within the Village,
and except upon the grant of a special exception permit by the Board
of Zoning Appeals. In passing on the special exception application,
the Board shall determine whether any aspect of the proposed court
or the use of it will have an unreasonably adverse impact on the character
of the surrounding area, and the value, use and enjoyment of neighboring
properties. In addition to any requirements, an application for such
a special exception permit shall be accompanied by plot, site and
construction plans showing location, dimensions, drainage, design,
fencing, and landscaping, all as required by the Building Inspector.
B.
No tennis or sports court may be constructed or maintained in the
front yard, nor within 30 feet of a rear property line or within 30
feet of a side property line.
C.
All tennis and sports courts shall be enclosed with permanent fencing,
of a type and design approved by the Building Inspector, sufficient
to prevent ball or other implements or equipment used at such location
from leaving the premises or immediate area of such court.
D.
No tennis or sports court shall be constructed or maintained so as
to permit any drainage of water to flow onto adjacent property or
a public right-of-way.
E.
No covering of any type shall be erected or maintained over any tennis
or sports court.
F.
No tennis or sports court shall have lighting as to illuminate the
court from dusk to dawn.
[Added 6-13-2016 by L.L.
No. 2-2016; amended 8-10-2020 by L.L. No. 2-2021]
A.
Accessory
structures, exclusive of a private garage, shall not include the erection
or maintenance hereafter of any structure other than one erected on
the ground and not exceeding 80 square feet of ground area and eight
feet in height maximum and two feet from the side and rear property
line and located in the rear yard, unless authorized as a special
exception by the Board of Zoning Appeals.
B.
Storage
sheds, not exceeding 80 square feet of ground area and eight feet
in height maximum and two feet from the side and rear property line
and located in the rear yard, shall not have the yard area occupied
calculated in lot coverage. The yard area occupied by such accessory
structure shall, however, be included in computing the maximum percentage
of the lot area which may be built upon when exceeding 80 square feet.
C.
Trellis,
not exceeding 80 square feet of ground area and eight feet in height
maximum and two feet from the side and rear property line and located
in the rear yard, shall not have the yard area occupied calculated
in lot coverage. The yard area occupied by such accessory structure
shall, however, be included in computing the maximum percentage of
the lot area which may be built upon, when exceeding 80 square feet.
Such signs which are authorized under the provisions of Article X 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 any excavation of a similar character,
shall be made unless approved by the Building Department.
[Added 10-10-2006 by L.L. No. 2-2006; amended 11-9-2009 by L.L. No. 4-2009]
For all lots upon which any proposed grade change
is in excess of two feet, where the total area of the lot containing
the proposed work is in excess of 100 square feet and where the grade
is permitted to be increased up to two feet, the grade shall not be
permitted to be increased to within 10 feet of the front, side and
rear property lines. No person, firm, or corporation or entity shall
alter the grade of any parcel of land without first having obtained
the approval of the Board of Zoning Appeals.
Special uses, when approved by the Board of Zoning Appeals pursuant to Article XIII, are permitted.
[Amended 10-14-2003 by L.L. No. 2-2003; 8-10-2015 by L.L. No. 2-2015; 6-13-2016 by L.L. No.
2-2016; 8-10-2020 by L.L. No. 2-2021]
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 26 feet
to peak for properties west of the street center line southbound of
the west side of The Plaza and west of Acapulco Street north of Atlantic
Boulevard and 28 feet to peak for properties east of the street center
line southbound of the west side of The Plaza and the east side of
Acapulco Street north of Atlantic Boulevard.
B.
Roof slopes less than four feet vertically for every 12 feet horizontally
shall have a maximum height of 22 feet to peak, including parapet
walls for properties west of the street center line southbound of
the west side of The Plaza and the west side of Acapulco Street north
of Atlantic Boulevard and 24 feet to peak, including parapet walls
for properties east of the street center line southbound of the west
side of The Plaza and the east side of Acapulco Street, north of Atlantic
Boulevard.
[Amended 10-10-2006 by L.L. No. 2-2006]
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.
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 chapter 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 Zoning Appeals.
[Amended 1-14-2008 by L.L. No. 1-2008; 8-10-2020 by L.L. No. 2-2021]
A.
In case of a single-family dwelling with 50 feet or
less of frontage where the existing aggregate widths of which are
14 feet and the existing side yard is four feet, any additions shall
be permitted to maintain the same aggregate width and side yard setback.
This shall include any vacant lots or when the entire structure is
removed and replaced.
B.
In case of a single-family dwelling with 51 feet or
more of frontage where the existing aggregate widths of which are
15 feet and the existing side yard is five feet, any additions shall
be permitted to maintain the same aggregate width and side yard setback.
This shall include any vacant lots or when the entire structure is
removed and replaced.
D.
In the case of any building other than a single-family
dwelling or a building accessory thereto, there shall be two side
yards. The width of each of the two side yards shall be at least 20
feet, except that 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 chapter
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.
A.
The following encroachments are hereby permitted:
(1)
Cornices, eaves, gutters, chimneys or bay windows
projecting not more than 24 inches.
(2)
One-story open porches and terraces not exceeding
freeboard elevation and projecting not more than six feet into a front
yard. Roofs over porches and terraces shall be permitted, providing
they are pitched and not accessible as decks from any stories above.
[Amended 6-13-2016 by L.L. No. 2-2016]
(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 two feet.
(7)
HVAC equipment shall be permitted in one of the required
side yards, provided that said side yard shall not be diminished thereby
to a width of less than five feet or as permitted by a notarized release
form.[1]
[Added 8-8-2005 by L.L. No. 1-2005;
amended 8-10-2020 by L.L. No. 2-2021]
[1]
Editor's Note: Said release form is on file
in the Village offices.
(8)
Generators
(permanent or portable) shall be permitted in one of the required
side yards or rear yard, provided that said side yard shall not be
diminished thereby to a width of less than five feet and the rear
yard shall not be diminished thereby to a distance less than five
feet from the rear property line in Residence A Districts.
[Added 11-14-2011 by L.L. No. 2-2011; amended 8-10-2020 by L.L. No. 2-2021]
(9)
Stairs
no greater than four feet in width and secondary landings no greater
than four feet by four feet projecting into the front yard setback
shall be permitted, shall not count towards lot coverage.
[Added 6-13-2016 by L.L.
No. 2-2016]
B.
In any case where the Board of Zoning Appeals has
diminished a required yard by a variance or special exception, none
of the foregoing encroachments shall be permitted encroachments in
such diminished yard unless specifically authorized by the Board.
[1]
Editor's Note: Former § 250-26, Fences, was repealed 8-10-2020 by L.L. No. 2-2021.
A.
Accessory garage may not exceed 440 square feet and occupy more than 40% of the required area of the rear yard up to a maximum height of 12 feet. The yard area occupied by such accessory garage shall, however, be included in computing the maximum percentage of the lot area which may be built upon. No accessory garage shall be nearer to 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. No accessory garage may be located 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, providing there is compliance with § 250-125A(12), Accessory parking.
[Amended 8-10-2020 by L.L. No. 2-2021]
B.
In the case of a corner lot, an accessory building shall not be 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.
No accessory building shall be erected on any lot until either the
residence thereon shall have been erected and a certificate of occupancy
issued or plans for the residence thereon shall have been filed with
the Village Building Department, a building permit therefor is issued
and the construction thereof actually commenced. If the construction
of the residence is not completed within 12 months after its commencement
and a certificate of occupancy issued within said 12 months, or subsequent
building permit extensions have expired, any accessory building shall
be removed.
[Added 8-10-2020 by L.L. No. 2-2021]
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.
