A.
In the R-1 and R-2 Districts, a private detached garage
accessory to a dwelling on the same lot or parcel shall be erected
in a rear yard.
B.
In the R-1 and R-2 Districts, on a corner lot, a private
detached garage accessory to a dwelling on the same lot or parcel
shall be erected in the rear yard, provided that the depth of the
lot is sufficient to permit compliance with the provisions of this
chapter, and provided that the setback of such garage complies with
the front yard requirements in the particular district.
C.
In any other district where residential use is permitted,
a private detached garage shall be permitted as an accessory use to
a multiple-family dwelling as part of the site plan approval process.
D.
In any R-1 or R-2 District, no accessory garage shall
be erected to house more than two passenger vehicles.
E.
A garage shall not exceed 17 feet in height and shall
be located at least 10 feet from the dwelling.
[Amended 7-15-2008 by L.L. No. 3-2008]
A.
Special use. No property shall be used for the open
storage of any article, merchandise, material or machinery, except
that in the B-3 Districts such use may be permitted as a special use
by the Board of Trustees after notice and public hearing.
B.
Application required for special use permit for open
storage. An application shall be made in writing, by the owner or
lessee of that lot or parcel of land upon which open storage use is
applied for, and said application shall state the following:
(1)
The name of the owner and/or lessee or other occupant.
(2)
The general statement of the location of the property
and of the classification of the use district in which such lot, parcel
of land or plot is located.
(3)
A survey showing the boundary of such parcel, together
with the size of the parcel by metes and bounds.
(4)
A suitable drawing of the parcel showing any buildings
or structures on the property or buildings or structures to be erected
thereon and the proposed location of open storage.
Except for outdoor pools, the regulations applying to which are set forth in § 99-25, and garages, the regulations applying to which are set forth in § 99-22, the following regulations shall apply to accessory buildings and structures in any residence district:
A.
A detached accessory building or structure may be
located in and may occupy not more than 30% of the area of any rear
yard and shall be located a distance of at least:
(1)
Eight feet from any dwelling or main building.
(2)
One foot from any lot line, with no cornice overhanging
such building more than six inches.
(3)
Forty-five feet from any street line, except that
on a corner lot the distance shall be at least 45 feet from the line
of the street of narrower frontage and 15 feet from the line of the
street of greater frontage.
B.
No accessory building or structure shall have a dimension
in excess of 100 square feet in area nor shall such building or structure
exceed eight feet in height.
C.
No accessory building may be used for habitable space.
D.
A lattice may be located in the rear yard of a residentially
zoned lot. The lattice must be one foot from any lot line and may
have a maximum height of six feet. For each additional one foot of
setback from a lot line the lattice may have a height increase of
six inches, up to a maximum of eight feet.
E.
No freestanding playyard equipment or apparatus, such
as a swing set, tree house or similar structure, shall be located
within five feet of any property line, nor shall its platform exceed
eight feet or its highest point, including its roof, exceed 12 feet
in height above the grade directly below said structure when measured
to the structure's highest point. All playyard structures shall be
located in the rear yard or, in the case of a corner lot, shall not
extend past the wall of the primary structure closest to the street.
[Added 4-20-2004 by L.L. No. 7-2004]
F.
No part of any freestanding heating, cooling, pumping,
filtering, generating or other type of equipment or device:
[Added 8-8-2006 by L.L. No. 6-2006; amended 7-15-2008 by L.L. No. 1-2008; 9-16-2008 by L.L. No.
6-2008; 8-21-2012 by L.L. No. 5-2012; 10-6-2020 by L.L. No. 2-2020; 9-21-2021 by L.L. No. 4-2021]
(1)
Shall be located in any front or side yard, or within 20 feet of
any rear lot line, except that freestanding heating and cooling equipment
may be located in the side yard, provided that it is not located forward
of the front line of the house or closer than 20 feet from the front
lot line whichever is farther, and closer than five feet from the
side lot line. On a corner lot, such equipment shall be allowed in
a yard that abuts a street, provided that the main entrance to the
premises is not in the same yard and that an adequate landscape buffer,
approved by the Building Department, is installed and maintained.
On a corner lot, such equipment shall not be located in the rear yard
nearer the street than 1/2 of the side yard setback for the property,
but in no event closer than five feet to the property line. At the
time of installation of any such equipment, the property owner shall
file with the Building Department proof that the equipment has a certified
sound-level rating at the adjoining property line not exceeding 50
decibels. In addition, any such equipment shall be screened in a manner
approved by the Building Department.
(2)
No heating cooling, pumping, filtering, generating, power storage
or other type of equipment or device shall be mounted to the facade
of a building unless approved by the Building Department or Architectural
Review Board.
(3)
Equipment service lines, such as condensate, refrigerant or electrical,
must be concealed in a manner approved by the Building Department.
No such service lines shall be mounted to any wall that faces a street.
G.
A permanent, fixed generator or any portable generator connected to the gas service of the main structure shall be located on a concrete pad in the rear yard and be at least 10 feet from any property line. At the time of installation of such equipment, the property owner shall file with the Building Department a certified sound test report as proof that the installation meets the following sound test levels: at any property line not exceeding 60 decibels. On corner lots, the generator shall be located as provided in Subsection F, except no such unit shall be allowed to be located in the side yard abutting a street. The cycling of generators for maintenance purposes shall only be done on a weekday, non-holiday, between 9:00 a.m. and 5:00 p.m. The property owner shall apply for and obtain from the Building Department all required permits, including plumbing, electrical and building (with engineer drawings and sound-level certification).
[Added 8-6-2013 by L.L. No. 5-2013; 10-6-2020 by L.L. No. 2-2020]
(1)
Generators,
fixed or portable, shall only be operational between the hours of
8:00 a.m. and 10:00 p.m., unless otherwise approved by the Building
Department for emergency or health related reasons.
H.
Special exception for generators on residential lots.
[Added 8-6-2013 by L.L. No. 5-2013]
(1)
The Zoning Board of Appeals may authorize a special exception to
permit a generator to be located in an area other than permitted under
this section upon the following conditions:
(a)
The Zoning Board shall make a finding that the granting of the
permit shall meet the legitimate needs of the residential owner while
preserving the general appearance of the residential neighborhood
in which the lot is located, as well as the public safety, health,
convenience and general welfare of the Village.
(b)
The applicant must demonstrate unnecessary hardship and/or practical
difficulty in complying with the provisions of this section.
(2)
In applying for a special permit exception under this section, the
applicant must complete the written application form required by the
Zoning Board of Appeals.
(3)
Renewal of permits. A special exception permit may be renewed by
the Zoning Board of Appeals without hearing and without fee upon the
owner of the premises submitting a duly sworn affidavit that the special
circumstances that constituted unnecessary hardship or practical difficulty
to grant the permit still exist. A permit may be renewed for two periods
of two years each.
(4)
In granting a permit under this section, the Zoning Board of Appeals
may impose such further conditions as it deems appropriate, necessary
or advisable to preserve the intent of this section.
[Amended 12-6-2005 by L.L. No. 7-2005]
A.
Application of section. No outdoor swimming pool or
prefabricated unit shall be constructed, erected or maintained in
the Village of Floral Park except in conformity with this chapter,
the Municipal Code and all applicable state laws, rules and regulations.
B.
Definitions. As used in this chapter, a swimming pool
is hereby defined as any structure intended for swimming, bathing
or wading, either above or below ground, having a depth for retaining
water of 20 inches or more and a capacity of 200 gallons or more.
As used in this chapter, a prefabricated unit is hereby defined as
a self-contained portable hot tub or spa unit used for recreational
purposes and having a maximum capacity of 300 gallons.
C.
Permit required. No swimming pool or prefabricated
unit shall be constructed, erected or maintained unless a permit for
the same shall have been issued by the Superintendent of Buildings.
An application for such permit shall be on such form as may be furnished
by the Building Department, and shall be accompanied by complete plans
and specifications of the pool or prefabricated unit, the plan for
the disposal of water, the type and location of fencing and a survey
or map showing the location thereof with respect to the boundary lines
of the land of the applicant. Permits may be issued only upon application
of the owner of the land or his or her agent duly authorized, in writing,
to make such application. Applications shall be accompanied by a permit
fee established by resolution of the Board of Trustees.
E.
Materials of construction. No swimming pool or prefabricated
unit shall be built, constructed or maintained except of materials
having adequate strength to retain the water designed to be contained
therein. Each swimming pool or prefabricated unit shall be designed
in accordance with sound engineering practice.
F.
Water disposal. Water overflowing from the swimming
pool or prefabricated unit and when the swimming pool or prefabricated
unit is emptied shall be disposed of on the owner's land and shall
be prevented from flowing over or into the land of any adjoining property
owner or over or into any abutting street, or into any storm sewer.
All water must be disposed of through the homeowner's sanitary sewer
system.
G.
Fencing. Fencing shall be in compliance with the provisions
of the New York State Residential Code.
H.
Perimeter required. There shall be a perimeter of
at least five feet around a swimming pool, which perimeter shall be
between the edge of the swimming pool and the fence erected around
the swimming pool.
I.
Lighting. No lighting shall be permitted in, on or
about said swimming pool, except such lighting that shall shine into
or upon said swimming pool and cast no light or reflections onto abutting
properties. All electrical work shall be performed by a licensed electrician
in accordance with the provisions of the National Electrical Code.
J.
Abandonment. Should the owner abandon the swimming
pool, he or she shall arrange to remove the depression and return
the surface of the ground to its original grade and approximately
in the same condition as before the swimming pool was constructed,
and he or she shall further notify the Superintendent of Buildings
of the abandonment so that the inspection of the site may be made
and the records of the permit may be marked accordingly.
K.
Location. Every swimming pool and prefabricated unit
shall conform to the following requirements as to location:
(1)
Not less than a distance of five feet from any rear
or side line of the lot, but not less than 10 feet from any lot line
along an abutting street or along a side or front yard on any contiguous
lot; provided, however, that each of the foregoing distances shall
be increased by one foot for each 100 square feet by which the area
of the plane surface of water of any pool exceeds (or would exceed
if the pool were completely filled) 500 square feet.
(2)
Not less than a distance of 10 feet from any cesspool
or any part of a sewage disposal system (other than a sewer main).
(4)
In addition, a private outdoor pool shall be located
only in a rear yard, and the coverage thereof shall not exceed 30%
of the area of the rear yard for all accessory buildings and structures
located therein; provided, however, that no such pool shall occupy
more than 15% of the area of any rear yard.
L.
Enforcement. The Enforcement Office shall be empowered
to enforce the regulations herein set forth and to compel the removal
of any swimming pool or prefabricated unit that fails to meet the
requirements as to installation or proper maintenance of the swimming
pool or prefabricated unit, water disposal and appurtenances.
M.
Compliance. The owner of any land upon which a swimming
pool or prefabricated unit shall have been constructed prior to the
date of adoption of the local law from which this chapter is derived
shall obtain a permit and comply with the requirements contained herein.
A.
No lot or parcel shall be used for the outside storage
of an inoperative or unlicensed motor vehicle or vehicles except as
otherwise permitted in this chapter. No repairs shall be made to such
vehicle or vehicles outside of enclosed buildings. Nothing herein
shall be construed to prohibit the storage of such vehicle or vehicles
inside a garage or other building located on the premises, provided
that such vehicle or vehicles are owned by the owner or occupant of
the principal residence.
B.
Motor vehicle repairs.
(1)
The following uses shall not be permitted in any residential
district: motor vehicle repairs of a major nature, including but not
limited to auto painting, body work or extensive mechanical repairs.
Nothing contained herein shall be deemed to prohibit either emergency
repairs or preventive maintenance of a minor nature, such as but not
limited to an oil change or tune-up; provided, however, that such
emergency repairs and/or preventive maintenance is performed upon
the premises by an individual who is an occupant of said premises
and that the motor vehicle upon which the emergency repairs and/or
preventive maintenance is being performed is registered in the name
of the occupant of said premises.
(2)
All motor vehicle repairs are hereby prohibited, except
for emergency repairs, on all public streets and in all municipal
parking fields in all zoning districts other than residential, throughout
the Village of Floral Park unless pursuant to a special permit.
A.
Purpose. The Board of Trustees hereby determines that,
in a community such as the Village of Floral Park, comprised principally
of one-family homes located on one-hundred-foot by forty-foot lots,
the aesthetic impact of large parabolic or hemispheric discs or other
similar antennas or devices, measuring several feet in diameter, can
be offensive to the residential community and be inconsistent with
the character of the neighborhood. If unregulated, such devices can
be disruptive to the appearance of the skyline and disrupt the pleasant
nature and character of the community. Also, the interests of public
safety require that such devices be installed in accordance with well-defined
engineering standards, and other safety measures such as fencing around
the base may be necessary. These aesthetic and safety concerns do
not arise in connection with dipole antennas, which blend into the
skyline. The Board also finds that a regulatory scheme such as set
forth herein allows a reasonable balancing of the needs of the community
and the rights of persons to reasonable access to television or radio
stations that they desire and to allow such antennas to fit into the
character of the community.
B.
Permit required. No person shall cause, suffer or
permit the erection, construction, installation, relocation and/or
maintenance of any parabolic or hemispheric disc or satellite receive-only
antenna or other similar antenna or device, the purpose of which is
to receive television, radio and/or microwave or other electrical
or similar signals from satellites or from ground facilities which
transmit such signals, except as provided herein.
C.
As-of-right uses.
(1)
In any commercial or industrial district, a satellite
receive-only antenna two meters or less in diameter is permitted.
(2)
In any district other than a commercial or industrial
district, a satellite receive-only antenna one meter or less in diameter
is permitted.
(3)
In all other instances, no erection, construction,
installation and/or maintenance shall be permitted or continued except
when permitted by special use permit by the Board of Zoning Appeals,
after public hearing. The first permit granted to any applicant under
this section shall be conditional and shall be for a period of not
more than two years. Any application for renewal of such conditional
permits shall be acted upon in the same manner as an initial application.
D.
Requirements for special use permits.
(1)
In evaluating whether a special use permit should
be issued, the Board of Zoning Appeals shall consider the purposes
set forth in this section.
(2)
The antenna or other device shall be located only
in the rear yard of the lot, unless the applicant establishes that
other placement is necessary to obtain reasonable reception.
(3)
No permit shall be issued if the Board of Zoning Appeals
finds that either the type of antenna or disc or the method of its
placement will endanger the safety of residents, neighbors or pedestrians,
or threaten property on the applicant's lot or adjoining lots.
(4)
Use of any illumination for the disc or antenna is
strictly prohibited.
(5)
All connections shall be made so that wiring and supporting
cables shall not be visible from the street or sidewalk.
(6)
No more than one parabolic, hemispheric, satellite
receive only or similar antenna shall be erected, constructed, installed
or maintained on a single lot or premises.
(7)
The Board of Appeals shall impose such screening requirements
that are reasonable to effectuate the purposes set forth in this section
and that will not substantially limit reception.
E.
Application for permit. All applications for special
use permits shall be filed with the Board of Zoning Appeals of the
Incorporated Village of Floral Park. The application to the Board
of Zoning Appeals shall describe the subject premises by street address
and by section, block and lot number and shall describe the present
use of the premises. In addition, the application shall be accompanied
by the following:
(1)
A location survey showing existing structures upon
the premises, their location and distance from the proposed disc or
antenna, the dimensions of the parabolic disc or antenna, the setbacks
of the parabolic disc or antenna from each property line and all properties
and structures within a two-hundred-foot radius of the premises, showing
the names and street addresses of the record owner of such property.
(2)
A detailed plan showing the material from which the
parabolic disc or antenna is to be constructed and the proposed color
of the parabolic disc or antenna and details illustrating the structural
support system.
(3)
A landscape plan illustrating adequate screening of
the parabolic disc or antenna which will be provided to screen the
parabolic disc or antenna from the roadway and adjoining property
owners. Unless demonstrated to be impracticable, all screening required
shall be by coniferous trees and shall be of sufficient height and
density to screen 100% of the parabolic disc or antenna from sight
at ground level from the roadway and from properties located within
a two-hundred-foot radius of the premises during the entire year.
F.
Notice required. Before any decision on or authorization
of a special permit, the Board of Zoning Appeals shall hold a public
hearing after due notice. The applicant shall be required to provide
notice of the hearing upon a form approved by the Board of Zoning
Appeals to all record land owners within a two-hundred-foot radius
of the property which forms the subject of the application as said
record owners appear on the most current tax rolls of the Nassau County
Assessor's Office. Such notice shall be sent to the record land owners
by certified mail, return receipt requested, not less than 15 days
nor more than 30 days before the public hearing. Evidence of compliance
with this section shall be provided by the applicant prior to or at
the public hearing. In addition, the Village Clerk shall publish notice
of the hearing not less than 10 days prior to the hearing date.
A.
No dwelling located within the R-1 Zoning District
shall have located thereon or therein more than one electric meter
nor more than one gas meter, unless consent thereto shall have been
granted by the Board of Trustees. No dwelling located within the R-2
Zoning District and no nonconforming two-family dwelling shall have
located thereon or therein more than two electric meters nor more
than two gas meters, unless consent thereto shall have been granted
by the Board of Trustees. In the R-A Zoning District, there shall
not be more than one electric meter nor more than one gas meter per
dwelling unit.
B.
All nonconforming electric meters and gas meters in
existence on the effective date of this chapter shall, at the expiration
of three years from said date, be removed, and the dwelling shall
be in conformity with this section of the Zoning Code.
