The schedule entitled "Schedule of Regulations"
and designated as a part of this Article is hereby adopted and declared
to be a part of this chapter[1] and may be amended in the same manner as any other part of this chapter. The regulations listed in said schedule for each district are hereby adopted and prescribed for such district, subject to the provisions of Articles VI through XI, and, unless otherwise indicated, said regulations shall be deemed to be the minimum requirements in every instance of their application. The use, off-street and applicable site plan regulations are set forth hereinbelow.
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
[Amended 11-21-1974; 8-11-1983 by L.L. No. 1-1983; 10-16-1989 by L.L. No.
6-1989]
A.
Uses. In R-40, R-20, R-12, R-8 and R-6 Districts,
no land, building or structure shall be used and no building or structure
shall be erected or altered to be used for any purpose other than:
[Amended 10-17-1991 by L.L. No. 7-1991]
(1)
One-family dwelling.
(2)
Public school.
(3)
Railroad passenger station.
(4)
Nursery and greenhouse, provided that they are not
used for the growing of vegetables, plants or flowers for sale and
that there is no display of products and no advertising, and provided
that any greenhouse heating plant is at least 20 feet distant from
the side and rear lines of the lot.
(5)
Golf course and accessory uses and buildings customarily
incidental thereto.
(6)
By the Village or County of Nassau for administrative
purposes, water supply, sewerage facilities, fire or police station,
public park, playground or automobile parking field.
(7)
Privately owned automobile parking space, when required
by the Board of Appeals or the Board of Trustees, in accordance with
the provisions of this chapter, when such space is contiguous to land
in a C or I District and is accessory to the use of such land and
is separated from other privately owned land in any R District by
land which is owned by the Village, other than a street, and which
has a width of at least 20 feet.
(8)
Uses subject to approval of the Board of Trustees.
[Amended 7-14-2005 by L.L. No. 2-2005]
(a)
Subject to approval of the Board of Trustees,
after public hearing and notice:
[1]
Outdoor electric substation with transformers,
regulators, switchgear, usual accessories and protective fencing,
provided that:
[2]
College and any use, building or structure accessory
to a college, excluding a building or structure of less than 5,000
square feet.
[3]
Professional school.
[4]
Convent, dormitory and recreation building customarily
incidental to a school or college.
(9)
The following uses, subject to approval by the Board of Appeals, pursuant to Articles VIII through XI:
(a)
Church.
(b)
Library.
(c)
School.
(d)
Outdoor pool.
(f)
The accessory use of a dwelling for the location
of an office, studio or occupational room of an attorney, physician,
dentist, chiropractor, psychologist, architect, engineer, or public
accountant, or of an artist or musician, but not for the purpose of
operating a school of or pertaining to any such professional activity.
[Added 4-19-2001 by L.L. No. 1-2001]
(10)
(a)
In a dwelling, either:
[1]
Accommodations for not more than two lodgers
or boarders; or
[2]
An office, studio or occupational room (excluding a professional school) of an attorney, physician, dentist, chiropractor, psychologist, architect, engineer, or public accountant, or of an artist or musician (hereinafter, referred to collectively in this Subsection A(10)(a)[2] as the "professional activity"), subject to the following and to other reasonable conditions as the Board of Appeals may prescribe:
[Amended 4-19-2001 by L.L. No. 1-2001]
[a]
The practitioner of the professional
activity shall reside in the same dwelling unit in which such professional
activity is practiced, and such accessory use shall be incidental
and subordinate to the use of such dwelling for residential purposes.
[b]
The space dedicated to carrying
on such professional activity shall be confined to the ground floor
of the building and shall occupy not more than 20% of the total livable
floor area of the dwelling unit, provided that no such professional
area shall exceed 400 square feet.
[c]
The number of persons, including
the practitioner and associates, assistants and employees engaged
in such activities on the premises, shall not exceed three persons.
[d]
No display or advertising shall be permitted on the premises in connection with such accessory use except for one sign subject to § 200-42.
[e]
No overnight accommodations shall
be provided or maintained on the premises for the recipients of care,
treatment or other services.
[f]
Notwithstanding anything to the contrary in § 200-81 herein, any permit granted by the Board of Appeals for such accessory use of a dwelling shall apply only to the use described in the permit and to the named permittee, and such permit may not be transferred and shall expire upon the termination or modification of the permitted use.
C.
Off-street regulations. Pursuant to § 200-59 et seq., the following minimum requirements for off-street parking and loading spaces shall apply in R-40, R-20, R-12, R-8 and R-6 Districts:
D.
No lot, plot or structure in the R-40, R-20, R-12,
R-8 or R-6 District shall be used for or occupied by more than one
principal use.
[Added 6-3-2004 by L.L. No. 2-2004]
A.
Uses. In R-T Districts, no land, building or structure
shall be used and no building or structure shall be erected or altered
to be used for any purpose other than:
(1)
Any use permitted in R-8 Districts.
(2)
Townhouses limited to one dwelling unit for
each 6,000 square feet of total plot area devoted to such use.
(3)
Multifamily dwellings or assisted-living residences
subject to approval by the Board of Trustees and subject to the following
conditions:
[Amended 6-1-2006 by L.L. No. 1-2006]
(a)
All multifamily dwellings shall be in compliance
with R-M District regulations, except that the minimum plot area shall
be not less than 4,000 square feet per dwelling unit.
(b)
All assisted-living residences shall be in compliance
with R-M District regulations, except that the minimum floor area
for each assisted-living unit shall be 400 square feet and that the
minimum plot area shall be not less than 2,700 square feet per assisted-living
unit.
(c)
Multifamily dwellings and assisted-living residences
may only be located west of County Seat Drive.
(d)
Notwithstanding the provisions of Subsection A(3)(a) or (c) of this section, multifamily dwellings, in compliance with the R-M District regulations except as provided in this subsection, if approved by the Board of Trustees for QRD development pursuant to Article VA of this chapter:
[Added 6-21-2018 by L.L.
No. 1-2018]
[1]
Maximum plot area shall not exceed five acres, and minimum plot area
shall be not less than three acres;
[2]
Maximum permitted floor area ratio shall not exceed 0.99;
[3]
Minimum plot area shall be not less than 1,290 square feet for each
dwelling unit;
[4]
Maximum building lot coverage shall not exceed 270%;
[5]
Maximum building height shall not exceed four stories, nor a height
of 45 feet;
[6]
Minimum front yard setback shall be not less than 10 feet.
B.
Accessory uses. Subject to the approval of the Board
of Trustees, uses accessory to residential development such as parking
and recreation facilities may be located on a separate lot, if, in
the opinion of the Trustees, such layout produces a superior site
design.
D.
Building setback requirements. All buildings, unless
otherwise regulated on the Setback Map,[1] shall be set back at least 25 feet from any street.
[1]
Editor's Note: The Setback Map is included at the end of this chapter.
E.
Open space requirements. There shall be a minimum
of 25% of open space in R-T Districts.
[Added 6-3-2004 by L.L. No. 2-2004]
In computing the plot area to determine the
FAR in the R-T District, no private street, roadway or driveway, which
gives access to the plot or over which other property owners in the
general area have rights of way, shall be included in the total plot
area. All streets, roadways or driveways, whether public or private,
must have a minimum right-of-way of at least 50 feet, unless otherwise
approved by the Board of Trustees.
[Added 8-13-2009 by L.L. No. 4-2009]
In R-20C Corner Overlay Districts, mapped as an overlay of R-20
Districts, no corner lot shall be subdivided unless the resulting
corner lot complies with all R-40 Districts requirements.
A.
Uses. In R-M Districts, no land, building or structure
shall be used and no building or structure shall be erected or altered
to be used for any purpose other than:
(1)
Any use permitted in R-40, R-20, R-12, R-8 and R-6
Districts.
[Amended 10-16-1989 by L.L. No. 6-1989]
B.
Other use regulations. In R-M Districts, the other
use regulations shall be the same as those provided for R-40, R-20,
R-12, R-8 and R-6 Districts and as follows:
[Amended 10-16-1989 by L.L. No. 6-1989]
(1)
Multifamily dwellings shall be subject to the following:
(a)
Buildings shall be so grouped that each building
shall face for the full length of its front facade either upon an
existing street or upon an open space which in its least dimension
shall be not less than 75 feet. Where the rear elevations of the principal
buildings are built parallel to each other or within 30° of parallel,
the average distance between their long dimensions shall be not less
than 60 feet. Each building, whether principal or accessory, shall
be at least 30 feet distant from any other building in the group,
which distance shall be measured in a straight line between the points
of the buildings which are nearest each other.
(b)
No basement or cellar shall be occupied as living
or sleeping quarters, except for a janitor's apartment in the basement.
(c)
Not more than 50% of the total floor area of
any dwelling unit shall be located above the second-floor level.
(2)
Minimum floor area for multifamily. Each dwelling
unit shall contain a minimum of 500 square feet of floor area, exclusive
of public halls, stairs or other public space, for any dwelling unit
having 2 1/2 rooms or less. The minimum floor area shall be increased
200 square feet for each additional half room or full room. For the
purpose of this subsection, a "half room" shall be any space occupied
as a kitchen, kitchenette, dining alcove, dining foyer or combination
thereof, or for a similar purpose, having a floor area less than 120
square feet; a "room" shall be any space used for any purpose or combination
of purposes, other than a bathroom, having a floor area of 120 square
feet or more, except that where a space in excess of 200 square feet
is partially divided by a partition for combination use thereof, such
space shall be counted as 1 1/2 rooms.
(3)
Assisted-living residence, subject to approval by
the Board of Trustees, except that the minimum floor area for each
assisted-living unit shall be 400 square feet and that the minimum
plot area shall be not less than 2,000 square feet per assisted-living
unit.
[Amended 6-1-2006 by L.L. No. 1-2006[1]]
[1]
Editor's Note: This local law also renumbered
former Subsection B(3) as B(4).
A.
Uses. In R-A Districts, no land, building or structure
shall be used and no building or structure shall be erected or altered
to be used for any purpose other than:
(1)
Any use permitted in R-40, R-20, R-12, R-8 and R-6
Districts.
[Amended 10-16-1989 by L.L. No. 6-1989]
(2)
Any use permitted in R-M Districts.
(3)
Assisted-living residence, subject to approval by
the Board of Trustees, except that the minimum floor area for each
assisted-living unit shall be 400 square feet and that the minimum
plot area shall be not less than 800 square feet per assisted-living
unit.
[Amended 6-1-2006 by L.L. No. 1-2006]
(4)
College, school or professional school and convent,
dormitory, fraternity or sorority house, and recreation building customarily
incidental thereto.
(5)
Philanthropic and charitable uses and institutions,
except hospitals for contagious diseases and mental institutions.
(6)
Accessory uses customarily incidental to a permitted
principal use.
B.
Other use regulations. In R-A Districts, the other
use regulations shall be the same as those in R-40, R-20, R-12, R-8,
R-6 and R-M Districts. Any use not permitted hereinabove shall be
prohibited.[1]
[Amended 10-16-1989 by L.L. No. 6-1989]
[1]
Editor's Note: Former Subsection C, off-street
regulations, which immediately followed this subsection, was repealed
10-16-1989 by L.L. No. 6-1989.
[Amended 10-19-1972]
A.
Uses. In H Districts, no land, building or structure
shall be used and no building or structure shall be erected or altered
to be used for any purpose other than:
(1)
Any use permitted in R-40, R-20, R-12, R-8 and R-6
Districts.
[Amended 10-16-1989 by L.L. No. 6-1989]
(2)
Hotel and accessory uses customarily incidental thereto,
including but not limited to restaurants, cocktail lounges, public
banquet halls, ballrooms, meeting rooms and recreational facilities,
except that in a building containing a hotel and apartments, a nightclub,
cabaret, discotheque, or similar facility shall not be permitted.
[Amended 8-17-2006 by L.L. No. 2-2006]
(3)
In combination with a hotel; apartments, provided
that not more than 82% of the floor area of all buildings on the plot
may be devoted to apartment use.
[Amended 9-6-1979 by L.L. No. 6-1979; 8-17-2006 by L.L. No.
2-2006]
B.
Other use regulations. The use provisions of Articles VII through XI shall apply in H Districts, as well as the following:
(1)
For one-family dwellings, § 200-16A(11)
and B shall apply.
(2)
In a building containing a hotel and apartment, not
less than 72% of the total of the hotel and apartment units shall
be designed for transient guests, without any cooking facilities.
[Amended 8-17-2006 by L.L. No. 2-2006]
(3)
In a hotel, areas used for restaurants, the sale of beverages for consumption on the premises, banquet facilities, ballrooms and recreational facilities shall be limited to an amount and capacity to be determined on approval of the site plan pursuant to Subsection D hereof so as to ensure their adequate functioning as a subordinate and accessory use to the hotel and so as to carry out the purposes set forth in Article I. The total square foot area devoted to other accessory uses, such as professional uses, retail shops and personal service facilities, shall not exceed a floor area ratio of 0.02.
(4)
Only one apartment shall be permitted to each 2,300 square feet of total plot area, which total plot area, for the purpose of computing the number of such apartments permitted, shall include the portion used for hotel purposes. As to each such apartment, the minimum floor area provisions of § 200-17B(2) in respect to dwelling units shall apply.
[Amended 9-6-1979 by L.L. No. 6-1979]
(5)
In a building containing a hotel or apartments, no
basement or cellar shall be occupied as living or sleeping quarters,
except for supervisory personnel required for proper operation and
maintenance.
(7)
Any use not permitted hereinabove shall be prohibited.
D.
[2]Building height and setback.
[Amended 9-6-1979 by L.L. No. 6-1979]
(1)
Whenever a site plan shall provide for a setback in
excess of the minimum requirement of 250 feet, the Board may approve
an increase in the maximum eighty-five-foot height, which increased
maximum height shall not exceed 100 feet and shall be permitted only
where the two-hundred-fifty-foot setback is increased 3.5 feet for
each additional one foot of height in excess of 85 feet.
(2)
The Board may permit a setback of less than 250 feet,
provided that, for each three-and-five-tenths-foot reduction in the
setback, the maximum height of any building within the two-hundred-fifty-foot
setback shall be reduced by one foot. However, in no event shall the
minimum setback requirement be less than 150 feet.
(3)
No parking, loading or unloading spaces or other facilities
or structures shall be permitted within 100 feet of any street line.
[Added 10-16-1990 by L.L. No. 6-1989]
[1]
Editor's Note: Former § 200-20,
Public P Districts, as amended, was repealed 6-3-2004 by L.L. No.
2-2004.
[Amended 10-16-1989 by L.L. No. 6-1989]
A.
Uses. In CO-2 Districts, no land, building or structure
shall be used and no building or structure shall be erected or altered
to be used for any purpose other than:
(1)
Offices for business or professional use.
(2)
Mail-order houses, books only.
(3)
Railroad passenger stations.
(4)
Electronic data processing.
(5)
Accessory uses customarily incidental to a permitted
principal use.
(6)
Any use permitted in R-M Districts, provided that:
[Amended 6-1-2006 by L.L. No. 1-2006]
B.
C.
No parking, loading or unloading spaces or other facilities
or structures shall be permitted within 20 feet of any property line.
A.
Uses. In CO-3 Districts, no land, building or structure
shall be used and no building or structure shall be erected or altered
to be used for any purpose other than:
[Added 10-16-1989 by L.L. No. 6-1989; amended 6-3-2004 by L.L. No. 2-2004]
A.
Uses. In CO-4 Districts, no land, building or structure
shall be used and no building or structure shall be erected or altered
to be used for any purpose other than:
B.
Other use regulations. The use provisions of Articles VII through XI shall apply in CO-4 Districts, as well as the following:
(1)
Office uses shall not include any office in
or from which chattels or goods, wares or merchandise is commercially
produced, exchanged or delivered.
(2)
If a plot in a CO-4 District abuts property
in a one-family dwelling district, a fifty-foot setback from a one-family
dwelling district is required unless there is an intervening road
not less than 25 feet wide, in which case the setback requirement
is 25 feet.
(3)
Any use not permitted hereinabove shall be prohibited.
C.
Additional floor area regulations. Subject to approval
by the Board of Trustees, lots that are in the same ownership and
contiguous to one another or directly opposite one another and separated
only by a local street may be combined for the purposes of calculating
the maximum allowable floor area.
[Added 6-3-2004 by L.L. No. 2-2004]
A.
Uses. In CO-5 Districts, no land, building or structure
shall be used and no building or structure shall be erected or altered
to be used for any purpose other than:
C.
Additional floor area regulations. Subject to approval
by the Board of Trustees, lots that are in the same ownership and
contiguous to one another or directly opposite one another and separated
only by a local street may be combined for the purposes of calculating
the maximum allowable floor area.
D.
Supplementary height regulations. The Board of Trustees may allow the maximum height of a building to be increased to no more than a total of 60 feet subject to the criteria set forth in § 200-73 of this Code.
E.
Open space requirements. There shall be a minimum
of 25% of open space in CO-5 Districts.
A.
Uses. In C-1 Districts, no land, building or structure
shall be used and no building or structure shall be erected or altered
to be used for any purpose other than:
(1)
Retail establishments dealing in food, drugs, stationery
or books, hardware, flowers, gifts and liquor (package goods only);
retail stores dealing in apparel and clothing accessories; home and
office furniture, furnishings and appliances; and general merchandise
and miscellaneous consumer goods, exclusive of automotive rentals,
sales and service.
[Amended 4-19-2001 by L.L. No. 1-2001]
(2)
Personal service establishments consisting of barber
shops, beauty parlors, shoe repair shops, tailor shops, photographic
(portrait) studios and establishments for laundering, cleaning or
dyeing.
[Amended 4-19-2001 by L.L. No. 1-2001]
(3)
Restaurants and similar places serving food or beverages.
(4)
Offices for business or professional use.
(5)
Accessory uses customarily incidental to a permitted
principal use, subject to the limitations set forth in § 200-23A(5).
B.
Other use regulations. The use provisions of Articles VII through XI shall apply in C-1 Districts, as well as the following:
(1)
Retail establishments shall be limited to those selling
merchandise generally for personal and household consumption and rendering
services incidental to the sale of the goods, exclusive of automotive
rentals, sales and service.
(2)
Personal service establishments shall be limited to
those primarily engaged in providing services generally involving
the care of the person or his apparel, exclusive of mortuary, crematory
and public baths.
(3)
No establishment used for business or professional
purposes shall have a net floor area in excess of 2,000 square feet.
(4)
Office uses shall not include any office in or from
which chattels or goods, wares or merchandise are commercially produced,
exchanged or delivered.
A.
Uses. In C-R Districts, no land, building or structure shall be used
and no building or structure shall be erected or altered to be used
for any purpose other than:
[Amended 11-17-2016 by L.L. No. 11-2016]
(1)
Offices for business or professional use, including scientific, educational,
statistical, financial or economic uses.
(2)
Restaurant, provided that service therein shall be only to seated
patrons.
(3)
Laboratory devoted exclusively to research, design and experimentation.
(4)
Professional school or studio, provided that alcoholic beverages
shall not be served.
(5)
Hotels, with the permission of the Board of Trustees, and provided
that for the purposes of the C-R District the term "hotel" shall mean
a building, part of a building or a group of buildings in which sleeping
accommodations are provided and used primarily for transient occupancy,
with or without adequate public dining facilities on the premises,
in which there are also provided on a twenty-four-hour basis desk
service, maid, telephone and bellboy service and the furnishing of
linens.
(6)
Accessory uses customarily incidental to a permitted principal use,
including garages for storage and maintenance of company and employee
vehicles, and the storage of gasoline and lubricating oils therefor;
off-street parking facilities; maintenance and utility shops for the
upkeep and repair of buildings, structures and services; central heating
and power plants for furnishing heat and electrical energy to structures
on the site only; training schools for employees; buildings for storage
of documents, records and personal property; medical, communications,
dining and recreational facilities, post office and company store
for the use of company employees and visitors; provided that all such
uses are planned as an integral part of a main building in which are
conducted the uses to which such accessory uses are appurtenant.
B.
Other use regulations. The use provisions of Articles VII through XI shall apply in C-R Districts, as well as the following:
(1)
Laboratories.
(a)
The testing of manufacturing, processing or
fabrication methods or the testing of products or materials shall
be permitted only as an accessory to a research laboratory, and in
no case shall more than 25% of the total floor area be devoted to
such uses. No materials or finished products shall be manufactured,
processed or fabricated on the premises for sale except such as are
incidental to said laboratory research, design or experimental work.
(b)
No manufactured or commercial explosives shall
be kept, maintained or stored on the premises except in small quantities
for laboratory, design or experimental use, and then only in compliance
with all federal, state and local statutes.
(c)
No animals shall be kept or maintained for laboratory
research or experimental work.
(2)
Office uses shall not include any office in or from
which chattels or goods, wares or merchandise are commercially produced,
exchanged or delivered.
[Amended 4-19-1984 by L.L. No. 1-1984; 10-16-1989 by L.L. No. 6-1989; 4-19-2001 by L.L. No. 1-2001; 6-2-2017 by L.L. No. 2-2017]
A.
Uses. In C-2 Districts, no land, building or structure shall be used
and no building or structure shall be erected or altered to be used
for any purpose other than:
(1)
The retail uses permitted in C-1 Districts.
(2)
The personal service establishments permitted in C-1 Districts.
(3)
Offices for business or professional use, except that any such office,
other than an office for the conduct of a travel agency or real estate
agency, may not be maintained on the street level or first floor of
any building or structure.
(6)
Restaurants, bakeries and similar places for the preparation or serving
of food or beverage, except that drive-through ordering and windows
shall not be permitted.
(7)
Accessory uses customarily incidental to a permitted principal use,
subject to the limitations set forth in § 200-23A(5).
B.
Other use regulations. In C-2 Districts, other use regulations shall be the same as those in C-I Districts as set forth in § 200-24B(2) and (4), as well as the following:
(1)
Secondhand goods shall not be stocked or traded as a principal use,
except in an antique shop. Any goods produced on the premises shall
be incidental to the principal use, and such goods shall be sold only
at retail on the same premises.
(2)
Any use not permitted hereinabove shall be prohibited.
A.
Uses. In C-B Districts, no land, building or structure
shall be used and no building or structure shall be erected or altered
to be used for any purpose other than:
(1)
The retail uses permitted in C-1 and C-2 Districts,
except food and hardware stores.
(2)
Department stores and retail establishments primarily
engaged in selling office machines, equipment and supplies.
(3)
Personal service establishments consisting of barbershops,
beauty parlors and photographic (portrait) studios.
(4)
Offices for business or professional use.
(5)
Restaurants and similar places serving food or beverages.
(6)
Accessory uses customarily incidental to a permitted
principal use, subject to the limitations set forth in § 200-23A(5).
[Amended 10-16-1989 by L.L. No. 6-1989; 6-1-2006 by L.L. No. 1-2006]
A.
Uses. In C-3 Districts, no land, building or structure
shall be used and no building or structure shall be erected or altered
to be used for any purposes other than:
(1)
Offices for business or professional use.
(2)
Accessory uses customarily incidental to a permitted
principal use.
[Added 10-16-1989 by L.L. No. 6-1989; amended 12-4-1997 by L.L. No. 4-1997; 2-6-2003 by L.L. No. 1-2003]
A.
Uses. In C-4 Districts, no land, building or structure
shall be used and no building or structure shall be erected or altered
to be used for any purpose other than:
B.
Other use regulations. In C-4 Districts, other use
regulations shall be the same as those in C-2 Districts, except that
offices for business or professional use shall only be permitted on
the ground floor by special permit.
C.
Offices for business or professional use are permitted on the ground floor only by special permit approval by the Board of Appeals pursuant to §§ 200-65A and 200-73 and the following conditions:
(1)
The space has been advertised twice a month
for six months for retail in local newspapers at a rate commensurate
with rates in similar retail space in the Village; or the property
has been advertised by other means to the reasonable satisfaction
of the Board of Appeals.
(2)
If the finding of Subsection C(1) of this section is satisfied, the proposed office use is required to occupy floors above the level of the ground floor before occupying the ground floor.
(3)
If the findings of Subsection C(1) and (2) of this section are satisfied, any alteration of the ground floor facade of a building used as offices for business or professional use must also be approved by special permit. At a minimum, windows should be provided across 30% of the base of the building.
D.
Medical offices shall not be permitted on the ground
floor.
A.
Uses. In C-S Districts, no land, building or structure
shall be used and no building or structure shall be erected or altered
to be used for any purpose other than:
A.
B.
Other use regulations. In I Districts, the use provisions of Articles VII and XI shall apply. Any use not permitted hereinabove shall be prohibited.[1]
[1]
Editor's Note: Former Subsection C, Off-street
regulations, which immediately followed this subsection, was repealed
10-16-1989 by L.L. No. 6-1989.
