[Amended 2-9-1978 by L.L. No. 2-1978; 7-11-1994 by L.L. No. 7-1994; 7-11-1994 by L.L. No. 8-1994; 10-25-2004 by L.L. No. 3-2004]
In the Residence B District, no buildings or premises shall be used, and no building shall be erected or altered, for other than one or more of the following uses:
A.
Any use permitted in the Residence A District and subject to the same limitations and requirements as are contained in Article IV.
B.
Two-family detached dwellings, which shall have a roof other than one of the character or description known as the "flat roof," subject to the prior approval of the Board of Appeals, which may, in specific cases, after public notice and hearing, and subject to appropriate conditions and safeguards, determine and vary the application of the provisions herein established, in harmony with the purposes enumerated in the Village Law of the State of New York and the general purpose and intent of this chapter, by granting permission to erect or alter a building for use as a two-family detached house in the Residence B District, when said Board finds as a fact:
(1)
A two-family dwelling will not tend to depreciate the value of existing dwellings in the neighborhood.
(2)
A two-family dwelling will not conflict with the type and character of existing dwellings or of dwellings under construction or reconstruction in a neighborhood.
(3)
A two-family dwelling is not prohibited by covenant or restriction contained in a deed or other instrument affecting the premises.
(4)
The applicant has consented, as a condition for the issuance of a permit to construct a new dwelling or to alter an existing building, to construct the same in accordance with plans and specifications to be approved by both the Board of Appeals and the Board of Architectural Review so that it will harmonize with the neighboring dwellings both as to appearance and utility.
(5)
Such construction, alterations and improvements, among other things, will provide suitable safeguards against fire hazards and provide for the construction of but one front entrance to the building.
(6)
The applicant has consented to comply with and abide by all requirements of the municipal departments having jurisdiction.
(7)
A minimum of four off-street spaces shall be provided.
(8)
The Board shall take into consideration the lot sizes and parking requirements of existing properties within 500 feet of the lot on which permission is sought to construct a two-family house.
C.
Multifamily uses. No multifamily dwelling shall contain more than 18 units per acre. No more than 10% of the units shall contain three or more bedrooms. A den that is separated from a living room shall be counted as a bedroom.
[Amended 5-22-2006 by L.L. No. 9-2006; 10-16-2007 by L.L. No. 6-2007]
D.
(Repealed)[1]
[Amended 4-10-2006 by L.L. No. 2-2006]
[1]
Editor's Note: Former Subsection D, regarding private parking fields, was repealed 4-10-2006 by L.L. No. 2-2006. The Board of Trustees has determined that the elimination of the permitted use formerly set forth in § 340-13D establishes the existing lots in the Residence B District as nonconforming. As such, the existing lots are governed by § 340-3 of the Code of the Village of Rockville Centre. In addition, the existing lots must continue to adhere to the requirements and restrictions of § 340-13D, including those that pertain to surfacing, landscaping, fencing, and lighting. In addition, the limitations with regard to the uses and the prohibition of uses of the lots shall remain applicable to these nonconforming lots. In pertinent part, § 340-13D had provided as follows: "Parking fields shall be surfaced and constructed in accordance with the rules and regulations governing the construction of new residential streets within the Village of Rockville Centre. The space contained in the setback areas shall be adequately landscaped and, in addition thereto, the entire area shall be fenced in except where such field may abut a public highway or business-zoned property. No lighting of such area shall be permitted, except that minimum security-type lighting may be installed upon approval of the Chief Engineer. Such parking fields shall be used only for private parking of vehicles of an owner, employee or customer of a business operated in the adjoining Business A, Business AA, Business AAA or Residence C District. Under no conditions shall these parking fields be used by trucks or commercial vehicles for either parking, loading or unloading or ingress or egress from any highways or any adjoining property zoned either residential or business. The use or installation of any mechanical device or structure designed to raise, lift or otherwise support a vehicle with the intent of increasing on-site vehicle storage or parking in a private parking field is prohibited in Residence B."