No building or structure shall be erected, used
or maintained nor shall any building, structure or premises be altered
or remodeled nor any lot used for other than 1 or more of the following
uses:
A.
A single-family detached dwelling with private garage,
the dimensions of which garage shall be at least 10 feet wide and
20 feet deep.
[Amended 10-5-1987; 4-28-2011 by L.L. No. 1-2011]
B.
A nonprofit institution of learning approved by the
State Board of Regents and supported by public funds.
C.
A Village park for recreational use.
D.
A Village Hall or other buildings necessary in connection
with the administration of the affairs of the Village.
E.
A church or other buildings used exclusively for religious
purposes. A parish house.
F.
Professional office, provided that the office is located
in the dwelling in which the professional person resides and provided
there is no display of advertising, except for doctors and dentists
who may have a small professional name plate which may be illuminated
by an electric lamp not exceeding 15 watts of power contained within
the sign.
G.
Private garage detached or attached or within the
main building.
H.
No signs except as mentioned in Subsection F shall be permitted, except the following:
[Amended 12-4-1989 by L.L. No. 2-1989]
(1)
Small sign, which may be illuminated, not exceeding
1/2 square foot to identify name or number of a resident.
(2)
One sign only for sale or rental of real estate on
property on which same is located, said sign not to exceed 3 square
feet and to contain only the words "for sale" or "for rent" and a
telephone number, and, if not attached to the building, the same shall
conform with the minimum front and side yard setbacks herein stated
in this chapter.
(3)
Notices or advertisements required by law, or any
legal proceedings, or signs put up for public notices.
(4)
Signs for the directions, regulation or information
for the safety of the public, in each case when authorized in writing
by the Village Clerk.
[Amended 10-7-1996 by L.L. No. 1-1996]
A.
In the case of a single-family dwelling no building
shall exceed 2 1/2 stories, with a maximum height of 30 feet.
B.
Buildings other than a single-family dwelling shall
not exceed 35 feet in height, except a church spire or belfry.
C.
Sky exposure plane/height setback ratio limitation.
[Added 5-5-2014 by L.L. No. 2-2014]
(a)
No
portion of any principal building on a residential lot shall invade
the sky exposure plane, based upon the distance between the side of
the building to be measured and the nearest side property line, and
which shall be a ratio of two feet vertical to one foot horizontal.
This regulation applies to all side yards and to all sides of buildings
facing any side property line.
(b)
For
purposes of this section, all distances shall be measured along the
shortest horizontal line between the nearest side lot line and a vertical
plane running through the point being measured, which plane is parallel
to such side lot line.
No dwelling or other building shall be constructed
on a lot containing an area of less than 1/4 acre (10,890 square feet)
and having a frontage of not less than 90 feet. The area shall be
computed on the basis of a reasonable flat lot. Berms more than 3
feet in height shall be excluded from the computations. Slopes of
berm shall measure not less than 2 on the horizontal and 1 on the
vertical.
[Amended 2-1-1999 by L.L. No. 1-1999; 7-1-2013 by L.L. No. 1-2013]
The building area shall not exceed 25% of the
lot area.
[Amended 2-1-1999 by L.L. No. 2-1999]
On an interior lot there shall be a front yard,
the depth of which shall be not less than 35 feet from the front property
line. Where a front yard setback has been established, the front yard
depth shall conform to the established front yards of adjacent residential
buildings but shall not be less than 25 feet from the street line.
On a corner lot a dwelling shall have a front yard on each street conforming with the provisions of § 140-8.
The principal entrance of any building shall
face the street which the property adjoins through the wall or side
of such building nearest to such adjoining street.
A.
On an interior lot there shall be 2 side yards, 1
on each side of the main building, the aggregate width of which shall
be not less than 40 feet, and either side yard shall be not less than
15 feet wide. Buildings over 30 feet in height shall have a side yard
on each side of the building of not less than 20 feet.
There shall be a rear yard the depth of which
shall be not less than 30 feet. No building to be used for dwelling
purposes shall be erected in back of or to the rear of a building
on the same lot. No building situated in back of or to the rear of
a building on the same lot at the effective date of this chapter shall
be altered and used for dwelling purposes.
[Added 5-3-2004 by L.L. No. 1-2004; amended 6-7-2021 by L.L. No. 1-2021]
A.
Legislative history. The Board of Trustees recognizes
that the Village consists almost entirely of building lots that are
not able to be further partitioned or subdivided as of right in light
of the Village's zoning restrictions on lot dimensions. Furthermore,
the Village has only very infrequently been presented with partitioning
or subdivision applications for property in neighboring jurisdictions
for which the Village has shared jurisdiction. As a result, the Village
is presented with applications for subdivision or partitioning on
extremely rare occasions, such that many years may intervene between
meetings of the Village Planning Board. Due to such infrequency of
meetings and minimal need for the Planning Board function, the duly
appointed members of the separate Planning Board heretofore established
by Local Law No. 1 of 2004 of the Village do not have the opportunity
to become familiar with current property and zoning issues within
the Village or in neighboring jurisdictions, but are burdened by the
obligation to satisfy annual training requirements which are rarely
put to use. At the same time, the members of the Board of Trustees
collectively meet regularly to address the many issues that arise
in the Village, including those that pertain to property and zoning
issues. The Trustees receive briefings and presentations relating
to property, zoning and land use matters from time to time from the
Village Attorney and the Village Building Inspector. In addition,
through the Village's membership in the New York Conference of Mayors
and the Nassau County Village Officials Association, the Trustees
have access to property, zoning and land use materials and information
from those organizations. Furthermore, in a small village like Plandome
Heights, there is an inherent difficulty in identifying and securing
residents who are ready, willing and able to serve the Village in
a voluntary, uncompensated role such as that of member of a separate
Planning Board, and the interests of the Village are not served if
such individuals do come forward and volunteer, only to serve on a
board that meets as infrequently as the Village's separate Planning
Board.
B.
Transfer of powers and duties of Planning Board to
Board of Trustees. Effective upon the enactment of this provision,
the separate Planning Board of the Village of Plandome Heights heretofore
created by Local Law No. 1 of 2004 of the Village is hereby abolished
pursuant to New York State Village Law § 3-310, and all
powers and duties heretofore held by duly appointed and acting members
of the separate Planning Board hereby abolished are transferred to
the Board of Trustees of the Village, which shall have all powers
of a village planning board pursuant to the provisions of the Code
of the Village of Plandome Heights and the laws of the State of New
York, including, without limitation, the powers of a planning board
set forth under § 7-718 of the New York State Village Law.
[Amended 5-3-2004 by L.L. No. 1-2004]
No parcel of land shall be subdivided to create
1 or more new lots, nor shall the lot lines of existing lots be altered
unless approved by the Planning Board in conformity with this chapter
and in accordance with New York State Village Law, and such other
rules and regulations established by resolution of the Board of Trustees.
Nothing herein contained shall require any change
in the plans or construction of a building under construction, provided
that at the effective date of this chapter the construction shall
have proceeded to the completion of the foundation, and provided,
further, that the work thereon shall be diligently prosecuted to completion
within 1 year from the effective date of this chapter.
[Amended 2-1-1999 by L.L. No. 3-1999]
In the case of a building erected prior to the
effective date of this chapter, and having existing side yards less
than permitted in this chapter, extensions to the rear of the main
building shall be permitted as follows:
A.
If the minimum existing side yard is less than 10
feet, extension to the rear of the main building must maintain a minimum
side yard of not less than 10 feet.
B.
The aggregate width of side yards at the extension
shall be not less than 40 feet.
C.
The extension of the building to the rear may be extended
to the minimum rear yard requirement, provided the building, including
the extension, does not exceed the limitations of lot coverage and
floor area ratio requirements.
A cellar shall not be used or occupied for other
than utility and recreation purposes.
A basement may be used as habitable space.
[Added 5-3-2004 by L.L. No. 1-2004; amended 7-1-2013 by L.L. No.
1-2013]
[Added 5-3-2004 by L.L. No. 1-2004]
A.
Single-car garage. A driveway from the street to a
single-car garage may have a maximum width of 20 feet.
[Amended 7-1-2013 by L.L. No. 1-2013]
B.
Two-car garage. A driveway from the street to a 2-car
garage may have a maximum width of 20 feet, except that it may fan
out to a width of 22 feet at a distance 3 feet from the street.
[Added 5-3-2004 by L.L. No. 1-2004]
No accessory structures are permitted in the
front yard; except lampposts may be constructed in accordance with
the following restrictions:
