The provisions of this article shall apply in
a Residence C District.
A building may be erected, altered or used and
a lot or premises may be used for any of the purposes set forth in
this article and for no other:
A building may be erected, altered or used and a lot or premises may be used for any of the purposes set forth in this article when authorized by the Board of Appeals pursuant to the provisions of Article XXIV and for no other:
B.
Greenhouse, provided that it is maintained as an accessory
use by the owner and not a gainful business.
C.
Philanthropic or eleemosynary uses or institutions
other than correctional institutions.
D.
Nursing home licensed by the Nassau County Department
of Health.
E.
Retail food use as defined in § 70-231, conforming to the following:
[Added 8-2-2011 by L.L. No. 12-2011; amended 3-20-2018 by L.L. No. 2-2018]
A.
In the case of a single-family or two-family dwelling,
no building shall exceed 2 1/2 stories with a maximum height
of 30 feet.
[Amended 12-14-1999 by L.L. No. 14-1999]
B.
In the case of a building other than a dwelling, no
building or part thereof shall exceed three stories, with a maximum
height of 45 feet, except a church spire or belfry.
[Amended 1-3-2006 by L.L. No. 1-2006]
[Added 1-3-2006 by L.L. No. 1-2006]
A.
No single-family dwelling shall be constructed on
a lot unless it has a minimum lot width of 40 feet at the required
front setback line. A minimum lot width of 35 feet shall be maintained
at all points between the property line at the street and the front
setback line.
B.
No two-family dwelling shall be constructed on a lot
unless it has a minimum lot width of 80 feet at the required front
setback line. A minimum lot width of 50 feet shall be maintained at
all points between the property line at the street and the front setback
line.
[Amended 12-14-1999 by L.L. No. 14-1999]
The lot coverage shall not exceed 35% of the
lot area.
[Amended 12-14-1999 by L.L. No. 14-1999; 3-11-2003 by L.L. No. 1-2003]
A.
No single-family dwelling shall be erected unless
it has a habitable floor area of at least 900 square feet. No two-family
dwelling shall be erected unless it has a habitable floor area of
at least 900 square feet for each family.
B.
The gross floor area shall not exceed 50% of the lot
area.
D.
In no case shall the limitations of this section prohibit
a dwelling of less than 2,250 square feet on a lot held in single
and separate ownership as of December 31, 1999, so long as the building
conforms to all other restrictions of this chapter.
A.
Unless the main building on the lot is controlled by § 70-50C, there shall be a front yard, the depth of which shall be not less than 25 feet from the front property line.
[Amended 1-3-2006 by L.L. No. 1-2006]
B.
On a corner lot, a front yard shall be required on each street and, unless the building is controlled by § 70-50C, the front yard on the narrower street frontage shall be not less than 25 feet in depth and the other front yard shall be not less than 20 feet in depth; and if the street frontages are equal, a minimum front yard of 25 feet shall be required on each street front.
C.
The minimum front yard depth for detached dwellings
shall be the same as the average front yard depth of the existing
primary buildings used as dwellings within 200 feet on each side of
the lot on the same side of the street and within the same zoning
district, or 25 feet, whichever is greater. No front yard shall be
required to have a depth greater than 40 feet. On a lot with multiple
street fronts, the average front yard setback shall only apply to
the primary front yard.
[Amended 4-28-1987 by L.L. No. 10-1987; 7-10-2012 by L.L. No. 11-2012; 8-5-2021 by L.L. No. 16-2021]
A.
On an interior lot, a single-family dwelling shall
have two side yards, one on each side of the main building, the aggregate
width of which shall be not less than 25% of the width of the lot,
but in no case shall any side yard be less than five feet in width.
B.
On a corner lot, a single-family dwelling shall have only one side yard. Said yard shall be on the side adjoining the interior lot opposite the front yard having the greater street frontage. Said side yard shall have a minimum width of five feet. The two yards fronting on streets shall be considered front yards as provided in § 70-50B. The remaining yard shall be considered the rear yard and shall conform to the provisions of § 70-52.
[Amended 4-28-1987 by L.L. No. 10-1987]
C.
On an interior lot, a main building other than a dwelling
shall have two side yards, each having a minimum of 15 feet in width.
If such building is over 35 feet in height, the width of each side
yard shall be not less than 20 feet.
D.
On a corner lot, a main building other than a dwelling shall have only one side yard. Said yard shall be on the side adjoining the interior lot opposite the front yard having the greater street frontage. Said side yard shall have a minimum width of 15 feet for a building 35 feet or less in height and a minimum width of 20 feet for a building over 35 feet in height. The remaining yard shall be considered the rear yard and shall conform to the provisions of § 70-52.
E.
On an interior lot, a two-family dwelling shall have
two side yards, one on each side of the main building, the aggregate
width of which shall be not less than 25% of the width of the lot,
but in no event shall any side yard be less than 12 feet.
F.
On a corner lot, a two-family dwelling shall have only one side yard. Said yard shall be on the side adjoining the interior lot opposite the front yard having the greater street frontage. Said side yard shall have a minimum width of 10 feet. The two yards fronting on streets shall be considered front yards as provided under § 70-50B. The remaining yard shall be considered the rear yard and shall conform to the provisions of § 70-52.
G.
Where a garage door(s) faces a side property line,
a setback of 25 feet shall be provided between the side property line
and the closest point of the garage structure.
[Added 1-3-2006 by L.L. No. 1-2006]
H.
An areaway may extend into the required side yard,
provided that, for any areaway projecting closer than four feet to
a side property line, the entire areaway must be protected by a horizontal
grating constructed in conformance with the requirements of the Building
Code.
[Added 1-3-2006 by L.L. No. 1-2006]
[Amended 12-14-1999 by L.L. No. 14-1999]
For single-family dwellings there shall be a
rear yard, the depth of which shall be not less than 15 feet. For
two-family dwellings there shall be a rear yard, the depth of which
shall be not less than 25 feet. For all other buildings, the depth
of the rear yard shall be not less than 25 feet.
[Added 3-25-1986 by L.L. No. 3-1986; amended 3-11-2003 by L.L. No. 1-2003]
Parking shall be provided in accordance with the requirements set forth in § 70-103.
[1]
Editor's Note: Former § 70-52.2,
Floor area ratio (FAR), added 2-19-1991 by L.L. No. 5-1991, as amended,
was repealed 12-14-1999 by L.L. No. 14-1999.
[Added 12-14-1999 by L.L. No. 14-1999]
All new construction and alterations shall be
contained within the area defined by the required sky exposure planes.
A.
There shall be a sky exposure plane projecting inward
from the front and side property lines at a ratio of four feet vertical
to one foot horizontal.
B.
At no point may a structure be built higher than four
times the horizontal distance from a lot line.
C.
The foregoing requirements for sky exposure plane
shall not apply to alterations to existing single-family dwellings,
provided that:
(1)
The existing dwelling has either a valid certificate
of occupancy or a valid certificate of existing use effective as of
December 31, 1999; and
(2)
The alteration does not include demolition of more
than 40% of the building's perimeter as it existed on December 31,
1999; and
(3)
The maximum height to the ridge does not exceed 30
feet.
[Added 12-14-1999 by L.L. No. 14-1999]
[Added 12-14-1999 by L.L. No. 14-1999]
For all new construction, alterations or landscaping
changes, a front yard may not be covered more than 55% by any impervious
material or paving. Water flow from paved areas must be controlled
to alleviate excessive runoff onto adjacent properties.
[Added 12-14-1999 by L.L. No. 14-1999]
The maximum height to the uppermost eave shall
be 22 feet, as measured from the preexisting average grade at the
perimeter of the building.
[Added 12-14-1999 by L.L. No. 14-1999]
Site lighting must comply with the requirements of § 70-217, Light fixtures.
[Added 1-3-2006 by L.L. No. 1-2006]
For construction of new dwellings or alterations
to existing structures, the floor elevation of new attached garages
may be located no lower than a 4% slope below the adjacent curb elevation.