[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."
The lot for each such dwelling shall have a
street frontage of not less than 50 feet on each street on which the
lot abuts, and a total area of not less than 5,000 square feet for
one- or two-family dwelling houses. For an apartment house a frontage
of 100 feet and a plot area of 15,000 square feet shall be the minimum
requirement.
[Amended 10-25-2004 by L.L. No. 3-2004]
The building area, including all accessory buildings,
shall not exceed 40% of the lot area.
[Amended 10-25-2004 by L.L. No. 3-2004]
No building except a church or school shall
be raised, altered or erected greater in height than two stories,
which height shall not exceed an aggregate of 30 feet, including false
peaks or gables.
[Amended 10-25-2004 by L.L. No. 3-2004]
No one-family, two-family or multifamily use
shall be erected or altered so that the front yard setback shall be
less than 20 feet.
[Amended 10-25-2004 by L.L. No. 3-2004]
A.
A side yard is required along each side of the main
building.
B.
In the case of all buildings other than multifamily
uses, the side yard setback requirements shall be the same as specified
in the Residence A District.
C.
On all plots developed for multifamily uses, each
side yard shall be not less than 20 feet in width, except where such
plot adjoins a plot in the Residence A District, in which case the
side yard adjoining a Residence A District plot shall be not less
than 30 feet in width.
D.
In all classes of dwellings, no part of any projection,
including an open porch, shall extend nearer to the lot line than
the limits herein set forth.
[Amended 10-25-2004 by L.L. No. 3-2004]
A rear yard is required on every lot. The depth
of a rear yard shall be at least 20 feet, except that on all plots
developed for multifamily uses where such plots adjoins a plot in
a Residence A District, such rear yard shall be not less than 30 feet
in depth.
[Amended 10-25-2004 by L.L. No. 3-2004]
A.
On corner plots, the setback of any buildings other
than multifamily uses shall be the same as specified in the Residence
A District, but need not exceed 20 feet.
B.
In the case of multifamily uses, the setback of the
dwelling shall not be less than 20 feet to any street line or municipal
parking field line upon which the plot adjoins, and shall not be less
than 20 feet to the property line where such plot adjoins privately
owned property in other than a Residence A District, and 30 feet where
such plot adjoins privately owned property in a Residence A District.
[Amended 7-19-1976 by L.L. No. 4-1976; 2-9-1978 by L.L. No. 3-1978; 6-10-2002 by L.L. No. 5-2002; 10-25-2004 by L.L. No. 3-2004]
A.
Parking space and garage requirements are set forth
in Chart IV of the Rockville Centre Zoning Code. Chart IV is entitled
"Schedule of Minimum Required Off-Street Parking."[1]
[1]
Editor's Note: Chart IV is included at the end of this chapter.
B.
In the Residence B District, no premises, except multifamily uses and the uses permitted by § 340-13D, shall provide space for more than four motor vehicles. Not more than one commercial vehicle shall be allowed on premises developed for a one- or two-family house, and the capacity of such commercial vehicle shall be limited to 3/4 ton or limited to a cubical capacity, including the driving compartment, not in excess of 160 cubic feet. On premises developed for multifamily uses, no commercial vehicle shall be allowed.
C.
Whenever a multifamily use shall be erected or altered
for the purpose of housing three or more families, provision shall
be made on the same or an adjacent plot for off-street parking space
for private passenger automobiles in a number equal to 150% of the
number of housekeeping or professional apartments in such dwelling.
All outdoor parking shall be within the area to the rear of the front
or side street building lines, and such outdoor parking area shall
be set back a minimum distance of four feet from all property lines
of the plot, and there shall be a minimum distance of eight feet between
such parking area and the multifamily use for which said parking area
is used.
