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Village of Thomaston, NY
Nassau County
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Table of Contents
Table of Contents
[Amended 2-8-1988 by L.L. No. 1-1988]
In the Residence R-10 District, the following regulations shall apply.
[Amended 2-8-1988 by L.L. No. 1-1988]
A. 
No building may be erected, altered or used and no lot or premises may be used except for one of the following principal uses:
(1) 
Detached single-family residence.
(2) 
Home occupation, as defined in this Code.
[Amended 3-25-1997 by L.L. No. 6-1997]
(3) 
Religious use, with the permission of the Board of Trustees, subject to the provisions of this chapter.
[Amended 11-27-1990 by L.L. No. 9-1990]
(4) 
Educational use, with the permission of the Board of Trustees, subject to the provisions of this chapter.
[Amended 11-27-1990 by L.L. No. 9-1990]
(5) 
Public library, nonprofit public art gallery, nonprofit public museum, municipal meeting hall, village offices, municipal firehouse and municipal recreational use.
(6) 
With the permission of the Board of Trustees, public utility company electric substations with transformers, regulators, switchgear, usual accessories and protective fencing, provided that the Board of Trustees may require such protective and decorative measures as may be appropriate, including screening and landscaping with trees, shrubs and similar plantings, and such other conditions as may be required to protect the public health, safety and welfare.
[Amended 7-31-1990 by L.L No. 6-1990]
B. 
The principal uses in Subsection A may be accompanied by one or more of the following accessory uses:
(1) 
Greenhouse, provided that it is not used for the growing of trees, shrubs, vegetables, plants or flowers for sale, and provided that there is no display of products and no advertising, and provided that any detached greenhouse conforms to all requirements in respect to an accessory building and that any heating plant accompanying such facility is located not less than 10 feet from the side and rear lines of the lot.
(2) 
An office, studio or occupational room of a physician, surgeon, dentist, lawyer, teacher, artist, architect or professional engineer, when located in the dwelling in which the practitioner resides and when merely incidental to the primary use of the dwelling as a residence, provided that:
[Amended 1-10-1994 by L.L. No. 1-1994]
(a) 
There is no display or advertising other than a nonilluminated nameplate not exceeding one square foot in area.
(b) 
Any such uses shall be confined to no more than 50% of the habitable area of the first floor of such dwelling nor more than 33% of the total habitable area of the first and second floors of such dwelling.
(c) 
No more than two persons may be engaged in such accessory use as owner, practitioner, assistant or employee or otherwise.
(d) 
No such accessory use which involves instruction of students or pupils shall involve the instruction of more than one student or pupil at any one time.
(e) 
No such accessory use shall result in sounds or odors therefrom which shall be observable or audible from any other premises or public place or which shall be disturbing to the peace or the public health, safety or general welfare.
(f) 
There shall be no display of goods or sale thereof at wholesale or retail.
(3) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(3), as amended, which dealt with home occupations, was repealed 3-25-1997 by L.L. No. 6-1997.
(4) 
Accessory parking, accessory private garage and/or outdoor garden storage shed, provided that all accessory detached structures conform to all required setbacks from side and rear lot lines, and further provided that detached accessory buildings not be used for either residence or business purposes.
(5) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B(5), as amended, which dealt with nonilluminated signs, was repealed 11-26-1996 by L.L. No. 15-1996.
[Amended 12-13-1982 by L.L. No. 5-1982; 9-22-1986 by L.L. No. 7-1986; 2-8-1988 by L.L. No. 1-1988]
A. 
No building shall hereafter be constructed on a lot having an area of less than 10,000 square feet or having a street frontage of less than 55 feet.
B. 
A minimum lot width of 85 feet shall be maintained from the front yard line on an interior lot or from the front yard line along the lesser of the two street lines on a corner lot as far as a line drawn parallel to said street line at a distance of 100 feet therefrom or 30 feet beyond that point of construction of the principal building that is located farthest from such street line, whichever distance is greater.
[Amended 2-8-1988 by L.L. No. 1-1988]
A. 
The building area shall not exceed 25% of the lot area.
B. 
The floor area ratio on any lot shall not exceed 0.40.
A. 
Front yard. There shall be a front yard, the depth of which shall not be less than 30 feet or per the average setback within 200 feet of each side of the proposed residence, whichever is greater.
B. 
Rear yard. There shall be a rear yard, the depth of which shall not be less than 25 feet plus 1/2 of the depth of the lot in excess of 100 feet. Where the lot depth is less than 100 feet, six inches may be deducted from the required depth of the rear yard for each foot in depth such lot shall lack of said 100 feet, but the depth of such rear yard shall in no case be reduced thereby to less than 15 feet.
[Amended 2-8-1988 by L.L. No. 1-1988]
C. 
Side yards.
[Amended 2-8-1988 by L.L. No. 1-1988]
(1) 
Any building other than a dwelling shall have two side yards each having a minimum width of 25 feet.
(2) 
In the case of any dwelling, except as set forth hereinafter, there shall be two side yards, one on each side of the main building, the aggregate width of which shall be at least 30 feet. Neither side yard shall be less than 10 feet wide; provided, however, that in a case of a lot held in single and separate ownership at the effective date of this chapter and of a width less than 75 feet, six inches may be deducted from the required aggregate width of the side yards for each foot in width such lot shall lack of said 75 feet, but no side yard shall be less than eight feet wide.
[Amended 2-8-1988 by L.L. No. 1-1988]
A. 
Except as set forth hereinafter, no dwelling shall exceed a height of 2 1/2 stories or 30 feet. Any dwelling with a height greater than 30 feet on 2-8-1988 shall be considered in conformance therewith.
B. 
Buildings other than dwellings shall not exceed a height of three stories or 30 feet.
In the case of a corner lot, a building shall be required to comply with the front yard restrictions on all street fronts.
[Amended 2-8-1988 by L.L. No. 1-1988; 12-10-1990 by L.L. No. 13-1990]
No single-family detached dwelling shall hereafter be erected unless it shall have a minimum floor area of 1,500 square feet. For the purpose of this section, the term "floor area" shall be that area enclosed within the outside walls of the principal building, excluding cellar, basement, attic, unenclosed porches, terraces and steps, garages and rooms for heating and ventilating equipment. To qualify as floor area for the purposes of this section, the second or attic floor shall have or permit a structural headroom of at least seven feet six inches in respect of so much of the floor area as shall be deemed so qualified, and full flooring shall be laid thereon, and such floor area to so qualify shall also have access from the floor below by a permanent built-in stairway.
Whenever an existing residence on a lot affected by this Article of this Chapter 203, Zoning, shall be destroyed by fire, storm, flood or other act of God to the extent that 50% or more of said residence shall be destroyed, then and in such event such residence may be reconstructed to no greater bulk nor floor area than that which existed at the time of the destruction of said residence or as is now permitted by this chapter, whichever is greater; provided, however, that such residence shall have been in conformity with all the provisions of this Article as of 12:00 midnight of the day prior to the adoption of this section.[1] If such residence shall not have been in conformity with all of the provisions of this Article as of 12:00 midnight of the day prior to the adoption of this section, then and in such event this section shall have no application thereto.[2]
[1]
Editor's Note: The original adoption date of this section was 1-24-1972.
[2]
Editor's Note: Former § 148-15, Central air-conditioning system equipment, which immediately followed this section, was repealed 1-10-1994 by L.L. No. 1-1994. See now § 203-122.