Amityville City Zoning Code
ARTICLE III
BB Residence Districts
§ 183-25 Applicability.
In a BB Residence District, the regulations in this article shall apply.
§ 183-26 Permitted uses.
In a BB Residence District, a building may be erected, altered or used, and a lot or premises may be used, for any of the following purposes and for no other:
A.
One-family detached dwellings.
B.
Public libraries, public schools, public parks, public playgrounds or recreation areas and municipal uses.
C.
The following uses, provided that a special exception from the Zoning Board of Appeals is first obtained, and subject to such conditions and safeguards as deemed appropriate and imposed by such Board:
[Amended 3-8-2010 by L.L. No. 1-2010]
(1)
Private schools.
(2)
Boat clubs, yacht clubs, tennis courts and private parks.
[Amended 1-24-2011 by L.L. No. 1-2011]
(3)
Churches, parish houses and convents.
(4)
One parent-child residence, with both dwelling units located in the main dwelling only, provided that the certificate of occupancy shall indicate that it is a one-family dwelling with a temporary second kitchen, and there shall be a recorded covenant confirming same. No dwelling unit for a parent-child residence shall be located in an accessory building. The minimum frontage for such residence shall be 90 feet, and the minimum lot area shall be 25,000 square feet. The minimum side yard shall be 14 feet and the minimum aggregate side yards shall be 30 feet. The minimum rear yard shall be 40 feet.
[Amended 7-8-2013 by L.L. No. 2-2013]
(5)
Private boathouse without a main building on a lot. Such boathouse shall comply with all requirements as to area, height and setbacks as an accessory building unless the ZBA, in its discretion, shall grant an area variance as to any of such requirements.
(6)
Renewal of two-family dwellings approved by the Zoning Board of Appeals as special exceptions prior to March 3, 2010.
[Added 5-11-2015 by L.L. No. 4-2015; amended 10-26-2015 by L.L. No. 7-2015; 2-26-2018 by L.L. No. 1-2018]
D.
Accessory uses on the same lot customarily incidental to any of the above permitted uses including private garages and boathouses.
§ 183-27 Lot size.
In a BB Residence District, each lot shall have a frontage of at least 90 feet, a depth of at least 100 feet and an area of at least 12,500 square feet, except that, if a plot having a frontage of not less than 50 feet was in one single separate ownership on September 10, 1945, or if a plot having a frontage of not less than 60 feet was in such ownership on January 6, 1947, or if a plot having a frontage of not less than 70 feet was in such ownership on the 26th day of July 1954 or if a plot having a frontage of not less than 90 feet and an area of not less than 10,000 square feet was in such ownership on the 28th day of May 1987, a building may be erected on such plot, provided that all other provisions of this Code are complied with, and further provided that such single and separate ownership is continuously maintained following the aforesaid dates.
§ 183-28 Size of dwelling.
In a BB Residence District:
A.
No one-story dwelling shall contain less than 750 square feet of habitable floor space.
B.
No one-and-one-half-story dwelling shall contain less than 1,000 square feet of habitable floor space.
C.
A dwelling of two or more stories shall contain not less than 1,150 square feet of habitable floor space.
D.
No dwelling shall be less than 24 feet in width exclusive of unenclosed porches and bay windows.
§ 183-29 Height of buildings or structures.
No building or structure in the BB Residence District shall exceed 30 feet in height.
§ 183-31 Pitch of roof.
In a BB Residence District, no building shall have a roof pitch which is less than four inches to each one foot on the main part thereof, except that, upon due cause being shown, the Zoning Board of Appeals may grant a special exception.
§ 183-32 Percentage of lot coverage.
In a BB Residence District, the building area shall not exceed 20% of the lot area.
§ 183-33 Front yards for buildings or structures.
A.
In a BB Residence District, the required front yard depth shall be no less than the average front yard depth of the existing buildings within 200 feet on each side of the lot and within the same block, or, if there are no existing buildings on the same side of the street, the average front yard depth of existing buildings within 200 feet on each side directly opposite the lot, but no front yard shall be required to have a depth greater than 50 feet. The foregoing provision shall not affect the required front yard between the proposed building and the side street in case of a corner lot.
B.
Where a building in a BB Residence District is not controlled by Subsection A above, there shall be a front yard the depth of which shall be at least 30 feet. In the case of a corner lot, a front yard shall be required on each side on which the lot abuts a street, provided that if on August 4, 1930, any corner lot was held in single and separate ownership with a width of less than 70 feet, the depth of the front yard on one side of the lot may be decreased, except in the case of a two-family dwelling, when authorized as a special exception by the Zoning Board of Appeals as hereinafter provided.
C.
Not less than 60% of the area of the front yard shall be installed and maintained as green space with grass, flowers, bushes, or trees, provided that if the Board of Trustees has granted a special permit for a driveway in excess of 40% of said front yard, the required green space shall be reduced by a percentage equal to such excess.
[Added 6-22-2020 by L.L. No. 2-2020]
§ 183-34 Side yards for buildings or structures.
A building or structure other than an accessory building shall have two side yards, one on each side, the aggregate widths of which shall be at least 28 feet. Neither side yard shall be less than 14 feet wide.
§ 183-37 Rear yards for buildings and structures.
A building or structure other than an accessory building shall have a rear yard the depth of which shall be at least 25 feet, provided that if on August 4, 1930, any lot was held in single and separate ownership with a depth of less than 100 feet, the depth of the rear yard shall be at least 15 feet.
§ 183-40 Accessory buildings.
[Amended 2-8-2021 by L.L. No. 1-2021]
Accessory buildings in a BB Residence District shall contain an area of not more than 800 square feet and an average height of not more than 14 feet as measured by the average grade adjacent to such building; except boathouses, which shall have an average height of no more than 18 feet. The yard area occupied by such accessory building shall, however, be included in computing the maximum percentage of the lot area which may be built upon. No part of an accessory building shall be nearer the rear or side lot line than four feet. No lot shall have more than two accessory buildings, and no accessory building shall have habitable space or more than three fixtures of interior plumbing for a toilet, shower, sink or faucet.