Lake Grove Village City Zoning Code
ARTICLE XV
General Provisions
§ 175-98 Swimming pools.
No swimming pool, both under, on or above the ground, shall be constructed or installed until a building permit has first been issued by the Village Building Inspector upon payment of the appropriate fee, nor shall any swimming pool be used or maintained in any district except in accordance with the following provisions:
A.
Every outdoor swimming pool having a depth of more than 18 inches and an area of more than 100 square feet shall be enclosed as follows:
(1)
The swimming pool shall be completely surrounded by a good quality, close-woven fence having openings of not more than one inch, a vertical stockade fence with the smooth side to the outside of the swimming pool area, or a chain link fence with openings of not more than two inches and the barbs up. All such fences shall be not less than four feet in height nor more than six feet and shall be constructed in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code. A dwelling house or accessory building may be used as part of such enclosure.
(2)
All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when the owner or occupant of the premises is not present at the swimming pool, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
(3)
The Board of Appeals may make modifications in individual cases, upon a showing of good cause, with respect to the height, nature or location of the fence, gates or latches, or the necessity therefor, provided the protection as sought hereunder is not reduced thereby. The Board of Appeals may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the fence, gate and latch described herein.
B.
No outdoor swimming pool shall be situated in the required front yard. No outdoor pool shall be located less than 10 feet from any side or rear lot line. With respect to aboveground pools, said distance shall be measured from the outer edge of any deck or platform attached to the wall of the pool.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C.
In the event that an owner shall abandon a permanent outdoor swimming pool, he shall forthwith fill all voids and depressions and restore the premises to the same grade and condition as before the swimming pool was constructed, and shall accordingly notify the Building Inspector when said restoration work has been completed.
D.
No loudspeaker device which can be heard beyond the lot lines of the premises in which any outdoor swimming pool is situated may be operated in connection with such swimming pool, nor may lighting be installed in connection therewith which shall throw rays beyond such lot lines.[2]
[2]
Editor's Note: Former Subsection E, regarding requirements for commencement of work, which immediately followed this subsection, was deleted 2-4-1999 by L.L. No 1-1999.
E.
Every swimming pool presently constructed or installed or hereinafter constructed or installed shall be maintained at all times in such a manner as to never constitute a public nuisance, a hazard or a menace to the health or safety of the public. Any such hazard which may exist or develop in or in consequence of or in connection with any such swimming pool shall be forthwith abated and/or removed by the owner, tenant, lessee or person having jurisdiction of said pool. Proper filtration system will be kept in working condition during the pool season (May 1 to October 1). No standing unfiltered water will be permitted and exposed to the outside environment. All swimming pools will be fully covered and secured during off use seasons. All pools not being used during the pool season will be covered. All standing water which accumulates on top of a pool cover will be removed.
[Amended 2-4-1999 by L.L. No. 1-1999]
F.
No current-carrying electrical conductors shall cross an outdoor swimming pool, either overhead or underground, or within 15 feet of such pool. All metal enclosures, fences or railings near or adjacent to an outdoor swimming pool which might become overhead conductors or from any other cause shall be effectively grounded.
G.
Outdoor swimming pools are permitted in all residence districts as an accessory use to a dwelling for the private use of the owner or occupant of such dwelling and his family and guests.
H.
All swimming pools shall be considered permanent except those which can be readily dismantled and stored.
I.
During the course of construction of a below-ground swimming pool, a temporary fence shall be erected as required by the Building Department.
J.
No water shall be put or caused to be put into an outdoor swimming pool unless a fence as required by this chapter shall have first been erected. The Building Department shall be notified at least three days prior to the date when water is to be put into an outdoor swimming pool in order to ascertain whether a fence as required by this chapter has been erected.
§ 175-99 Yard encroachments.
Every part of a required yard shall be open and unobstructed by any building or structure from its lowest point upwards, except as follows:
A.
Accessory buildings and structures may be located in the rear yards in those districts in which they are specifically permitted.
B.
Awnings, sills, cornices, buttresses and eaves may project not more than two feet over or into any required yard.
C.
Walks, strips for negotiating ground slopes, retaining walls, hedges and natural growth, fences, paved terraces and paved areas which are not roofed over and are unenclosed except for an open guardrail not over three feet in height, all accessory to and customarily incidental to the principal use, are permitted in yards; provided, however, that a strip four feet in width adjoining the lot shall be unobstructed by any structure or feature that is higher than two feet above the ground level, except a fence, hedge or natural growth or retaining wall.
D.
Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico, not more than eight feet wide and extending not more than five feet out from the front wall of the building, shall be exempt from front yard requirements when the building otherwise complies with the front yard restrictions of this chapter.
[Amended 2-21-2002 by L.L. No. 1-2002]
E.
Openwork fire balconies and fire escapes may extend not more than five feet into a required yard.
F.
Chimneys and flues may extend into a required yard not more than two feet for a length not exceeding 10 feet.
§ 175-100 Nonconforming uses, buildings and structures, and signs.
[Amended 7-7-1994 by L.L. No. 5-1994; 7-22-2004 by L.L. No. 4-2004; 11-16-2023 by L.L. No. 7-2023; 2-20-2025 by L.L. No. 4-2025; 9-18-2025 by L.L. No. 13-2025]
A.
The lawful use of any building, structure or land existing at the effective date of this chapter may be continued although such use does not conform to the provisions of this chapter, provided that the following conditions are met:
(1)
The nonconforming use can only be approved by a special permit by the Village Board. This applies to all zones in the Village. The fee for a special permit is $3,000 and only applies to the current applicant for said location.
(2)
Extension. A nonconforming use shall not be extended, except by special permit of the Village Board, but the extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the effective date of this chapter shall not be deemed the extension of such nonconforming use.
(3)
Changes. No nonconforming building, structure or use shall be changed to another nonconforming use.
(4)
Construction approved prior hereto. Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit, and the ground-story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year of the effective date of this chapter.
(5)
Restoration. No building or structure damaged by fire, explosion, acts of God or other causes to the extent of more than 75% of its full value shall be repaired or rebuilt except in conformity with the provisions of this chapter. For the purpose of this section, full value shall be computed by applying the current state equalization rate to the current assessed value of the building or structure.
(6)
Discontinuance. Whenever a nonconforming use has been discontinued, abandoned or not used for a period of one year or more, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
(7)
Displacement. No nonconforming use shall be extended to displace a conforming use; nor shall any nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the effective date of this chapter.
(8)
Any building or structure that is rendered nonconforming by reason of this chapter may continue to be used as the building presently exists but may not be structurally altered as the term “alteration” is defined in § 175-1, Definitions and word use.
(9)
Notwithstanding the foregoing regulation, nothing in this article shall be deemed to prevent routine maintenance and repair of any building or the carrying out, upon the issuance of a building permit, structural alterations or demolition that are found by the Building Inspector or Fire Marshal to be necessary in the interest of public safety.
B.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions of Subsection A shall also apply to any nonconforming uses existing therein.
C.
Singly and separately owned lots.
(1)
A one-family dwelling or addition thereto may be erected on any lot singly and separately owned at the time of the adoption of this Code and which has not merged with an adjoining or abutting property for zoning purposes through Common Ownership at any time from the date of the adoption of this Code although such lot does not meet the width and area requirements for such district at the time application for a variance or for a building permit is made, provided that the side yard, rear yard, building area and lot area requirements are granted by the Board of Appeals.
(2)
Proof of single and separate ownership shall be submitted in the form of:
(a)
An abstract of title search prepared and certified by a title or abstract company, covering the subject premises and all contiguous properties back to the date of the incorporation of the Village.
(b)
A survey prepared by a licensed surveyor, describing the subject property and all contiguous property.
(c)
All applicants for a variance must state under oath that neither they nor any firm, partnership or officer or stockholder in such corporation or any other legal entity in which they had an interest, directly or indirectly, was the owner of one or more lots contiguous to the lot for which a variance is sought and, in addition, must furnish a certified copy of the deed by which they acquired title to the subject property. In the case of an installment contract for the purchase of real property, it will be sufficient if the purchaser of such property furnishes the Board of Appeals with an executed copy of the installment contract which is dated prior to the effective date of this chapter and is recorded no later than September 9, 1968.
(3)
The applicant shall comply with such drainage, grading and other requirements, covenants, conditions and restrictions as may be required by the Village Planning Board and/or Board of Appeals and the provisions of the Building Construction Code of the Village of Lake Grove.[1]
[1]
Editor's Note: See Ch. 62, Building Construction.
D.
The Zoning Board of Appeals, when reviewing applications for variances on lots that are not in single and separate ownership, may restrict development to the standards contained in Subsection C above and to those standards that are established by the Board of Trustees and Planning Board of the Village of Lake Grove.
§ 175-101 Corner and through lots.
Every corner lot and every through lot shall have a front yard on each street. The depth of each front yard shall be determined by the regulations applicable to the district in which the said lot is located.
§ 175-102 Prohibited uses in all districts.
A.
No building, structure or premises shall be used in any district for any trade, business, industry, use or industrial process that is injurious, hazardous, noxious or offensive to the surrounding area by reason of the emission of odor, dust, light, smoke, soot, gas, fumes, vibration, noise or similar substances or conditions or that is detrimental to the public health, morals, safety or general welfare.
B.
No tavern, cocktail lounge or premises for the sale or dispensing of intoxicating beverages to be consumed on the premises shall be erected nor permitted to be used within 200 feet of an elementary or high school, public library, church, firehouse or federal, county, town or village public building.
C.
Prohibited uses.
(1)
No filling station, automobile or motor vehicle service station, junkyard, automobile wrecking yard, automobile or motor vehicle collision repair yard or public garage shall be permitted in any area or use district within the Village of Lake Grove, unless otherwise approved by the Village Board by special permit.
[Amended 10-4-2012 by L.L. No. 4-2012]
(2)
No secondhand automobile lot or establishment shall be permitted nor authorized except in connection with and part of a new car dealer duly franchised as an agency by an established automobile manufacturer, the selling of new automobiles being the primary business.
(3)
No overnight boarding of animals or birds or reptiles for remuneration of any type shall be permitted in any area or use district within the Village of Lake Grove.
[Amended 6-18-2009 by L.L. No. 3-2009]
(4)
No adult video stores, adult shops, adult bookstores or topless bars shall be permitted in any area or use district within the Village of Lake Grove.
[Added 2-4-1999 by L.L. No. 1-1999; amended 2-15-2007 by L.L. No. 3-2007]
(5)
No lumberyard or construction materials supplies store as defined by § 175-1, Definitions and word use, shall be permitted in any area or use district within the Village of Lake Grove.
[Added 7-22-2004 by L.L. No. 4-2004]
(6)
Drive-through/drive-up windows shall be prohibited in all districts with the exception of pharmacies, banks or credit unions, and specialty coffee shops where the primary product is coffee, provided there is sufficient area on the property where the establishment is located for the stacking of at least 12 vehicles.
[Added 7-22-2004 by L.L. No. 4-2004; amended 5-15-2008 by L.L. No. 5-2008; 8-18-2011 by L.L. No. 4-2011; 12-16-2021 by L.L. No. 5-2021]
(7)
All property within nonresidential districts or nonconforming commercial property within residential districts shall also be subject to the restrictions set forth under § 175-108, Prohibited uses of properties.
[Added 7-22-2004 by L.L. No. 4-2004]
(8)
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(8), regarding circuses, carnivals, amusement rides, and games of chance, added 2-15-2007 by L.L. No. 3-2007, was repealed 5-19-2011 by L.L. No. 3-2011.
(9)
No tattoo establishments shall be permitted in any area or use district within the Village of Lake Grove.
[Added 2-15-2007 by L.L. No. 3-2007]
(10)
No check-cashing establishments other than banks, savings and loan institutions and credit unions shall be permitted in any area or use district within the Village of Lake Grove.
[Added 2-15-2007 by L.L. No. 3-2007]
(11)
The use of any premises for the sale, cultivation, or processing of marijuana for medicinal or recreational uses or the sale of equipment or materials for the use of marijuana is prohibited within two miles of any elementary schools within the Village of Lake Grove.
[Added 12-3-2015 by L.L. No. 5-2015; amended 4-18-2019 by L.L.No. 3-2019]
(12)
The use of a premises as a hookah and vapor bar or establishment or for the sale of hookah or vapor equipment or materials is a prohibited use in all zoning districts of the Village of Lake Grove.
[Added 12-3-2015 by L.L. No. 6-2015]
(13)
No massage establishments shall be permitted in any area or use district within the Village of Lake Grove unless certified and licensed in the State of New York.
[Added 10-6-2016 by L.L. No. 1-2016]
(14)
No public storage facilities shall be permitted in any area or use district within the Village of Lake Grove.
[Added 3-16-2017 by L.L. No. 1-2017]
§ 175-103 Security gates.
[Added 2-4-1999 by L.L. No. 1-1999]
A.
Installation of exterior security gates prohibited. The installation of security gates on the front exterior of commercial storefronts, restaurants and offices, including both display windows and entrance doors, shall be prohibited.
B.
Presently existing exterior security gates.
(1)
Any presently existing exterior security gates legally installed prior to passage of this section shall be removed immediately upon change of ownership of the premises where said security gate exists or upon change of tenancy in the commercial premises where said security gate exists, whichever occurs first.
(2)
Any presently existing security gate which encroaches on village property shall be removed by the owner or tenant of the premises where the same is located immediately.
C.
penalties. Any person or corporation or other entity who violates any subsection of this section shall be punishable by a fine not to exceed $250, however, if a notice of violation or a summons has been issued to said person or corporation or other entity notifying him or it of said violation, said person or corporation or other entity shall be subject to a fine of up to $250 for each day that said violation continues after issuance of the summons or notice of violation, and each day of continued violation shall be treated as a separate offense.
§ 175-104 Reduced lot area.
[Amended 7-7-1994 by L.L. No. 5-1994]
No lot shall be so reduced in area that any required open space will be smaller than that prescribed in the regulations for the district in which said lot is located.
§ 175-105 Public garages.
No public garage shall be erected, altered or used within the Village of Lake Grove.
§ 175-106 Visibility at intersections.
On any corner lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be planted or maintained, which may cause danger to traffic on a street or road by obscuring or obstructing the clear view of the intersection. For a radius of 30 feet of the corner formed by any intersecting streets, such fence, hedge, shrubs or other growth shall not exceed 21/2 feet in height, measured from the center line of the existing elevation of the street adjoining such fence, as provided in § 175-7B(4) of this chapter.
§ 175-107 Prohibited uses of front yard.
[Amended 7-22-2004 by L.L. No. 4-2004]
No goods, wares, merchandise, produce, garden or nursery products, or other materials, shall be displayed, sold or stored in the required front, side, or rear yards of any district.
§ 175-108 Prohibited uses of properties.
[Added 2-4-1999 by L.L. No. 1-1999; amended 7-22-2004 by L.L. No. 4-2004]
A.
No goods, wares, merchandise, garden or nursery stock, produce or other materials shall be displayed, stored or sold outside of any fully enclosed and roofed structure in any nonresidential district or nonconforming commercial property within a residential district, unless otherwise approved by a special permit from the Village Board. Automobile dealers, as defined in Subsection B below, may display automobiles for sale outside of a structure. Automobile dealers not existing at the time of adoption of this section shall be subject to a one-time fee as set § 1. forth in the fee schedule of the Village of Lake Grove.[1]
(1)
Special permit approvals to display outside for sales of merchandise shall be limited to areas of approval not to exceed 15 feet from the front or sides of the building and whereas not to obstruct pedestrian traffic.
(a)
The front shall be considered the furthest point forward, closest to the parking lot.
(b)
Special permit fees for limited time seasonal use are subject to a fee of $250, while permits for annual displays or longer are subject to a $2,500 fee.
[1]
Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.
B.
Definitions. As used in this section, the term "automobile dealer" shall mean any licensed dealer who, wholly or in part, engages in or operates the trade or business of buying, selling, storing, trading, bartering or exchanging any type of automotive vehicles.
C.
The storage of propane, gasoline, or other highly flammable or explosive material, as determined by the Fire Marshal, shall be prohibited in any commercial structure which abuts a residential district.
D.
Outdoor storage of propane, gasoline or other highly flammable or explosive material shall be prohibited on any commercial property.
E.
The owner of real property and/or tenant and/or occupant shall be responsible for any violation of this section. Violations of this section shall be punishable as follows:
(1)
First violation.
(a)
Minimum fine: $50.
(b)
Maximum fine: $500.
(2)
Second violation.
(a)
Minimum fine: $500.
(b)
Maximum fine: $1,000.
(3)
Third and subsequent violations: $1,000 each.
F.
Each day this section is violated shall be deemed to be a separate violation.
§ 175-109 Essential services.
Essential services as defined in this chapter are permitted in all districts.
§ 175-110 Public utilities.
Public utility buildings or structures, other than public business offices, garages or storage yards, shall be permitted in any district when authorized by special permit from the Village Board.
§ 175-111 Governmental uses.
Any building, structure or premises erected, altered or used for a municipal or governmental purpose shall be permitted in any district when authorized by resolution of the Village Board, subject to such conditions and safeguards as the Village Board may deem appropriate, provided that the municipality or governmental authority using such building, structure or premises shall be the fee owner of such premises. This section shall not apply if a person other than a municipality or governmental authority using such building, structure or premises is the fee owner of such property.
§ 175-112 Animals.
[Amended 2-4-1999 by L.L. No. 1-1999; 2-20-2025 by L.L. No. 5-2025]
A.
The housing or harboring of fowl, swine, goats, sheep, horses, rabbits, fox or mink except when authorized by special permit from the Village Board.
(1)
Not more than three dogs shall be permitted per dwelling unit. However, the offspring of any resident female dog shall not be counted, provided that said offspring are less than six months of age.
(2)
Not more than three cats shall be permitted per dwelling unit. However, the offspring of any resident female cat shall not be counted, provided that said offspring are less than six months of age.
B.
No accessory building or structure or any part thereof used for the housing of domestic animals as provided in Subsection A above, other than cats or dogs, shall be less than 50 feet from any lot line in any district.
C.
Horses and equine livestock.
(1)
The housing or harboring of horses or equine livestock shall be permitted in any residential district on the following conditions:
(a)
Such housing or harboring shall be an accessory to the principal use of the property as a residence.
(b)
Such activity shall be conducted for the use of the residents only.
(c)
The boarding or rental of horses or other equine livestock shall not be permitted except as provided in Subsection C(7) below.
(d)
No horse or other type of equine livestock shall be housed or harbored on any plot less than one acre in size, and no more than two horses or other type of equine livestock shall be permitted per acre or major fraction thereof, and in no event to exceed eight horses.
(2)
No barns, stable or other roofed structure or accessory building for the sheltering of horses shall be located within 50 feet of any side yard or rear yard line, nor shall any such structure be located within the front yard which lies between the principal residential structure and the street.
(3)
All corrals, runs or other open areas shall be enclosed by a fence at least five feet in height with openings no more than six inches in width. Such fence shall be located more than five feet from any side yard line or rear yard line and shall not be located within any front yard which lies between the principal residential structure and the highway.
(4)
There shall be at least 110 square feet of barn or stable area for each horse or other type of equine livestock.
(5)
Manure shall be kept in weatherproof closed or covered containers at least 50 feet away from all adjoining property lines.
(6)
All premises where horses or other equine livestock are housed or harbored shall conform to all standards and requirements of the Suffolk County Department of Health and the Suffolk County Sanitary Code.
(7)
Horses may be boarded or rented, provided that proper, suitable personnel for the care of the horses are regularly available and in daily attendance, where the plot shall be not less than a total of five acres, including the residence or accessory structure erected thereon, and when specifically provided in the application and the special permit issued.
D.
Application for special permit.
(1)
Application shall be signed by the owner of the property and shall have attached thereto a copy of the deed of all the property for which the special permit is requested and a survey showing the boundary lines of the property and any building or other structures erected or intended to be erected thereon.
(2)
The exact location of the proposed barn, stable or other roofed structure intended to be erected thereon shall be shown in proper scale upon said survey.
(3)
Notice of such application and date of hearing shall be mailed by certified or registered mail, return receipt requested, to all property owners adjacent to and within 200 feet of the perimeter of the property for which the application is made.
(4)
An affidavit of such mailing, with the name and address of each person to whom such notice has been mailed, together with the signed return receipt, shall be filed with the Village Clerk at least three days before the date of hearing.
§ 175-113 Fee for special permit.
A fee as set forth in the fee schedule of the Village of Lake Grove shall be paid with the filing of the application for the special permit as provided in § 175-112.[1]
[1]
Editor's Note: The current fee schedule is included in the Appendix as Ch. A180, Fees.
§ 175-114 Sewage disposal.
A.
Sewer connections.
(1)
All buildings to be constructed within the Incorporated Village of Lake Grove shall be provided with adequate sewage disposal facilities in accordance with the requirements of village ordinance.
(2)
In areas where sewers exist, all new buildings shall be connected to the sewer system and application shall be made to the Building Department of the Incorporated Village of Lake Grove for service and connections to the sewer system.
(3)
Where sewers do not exist, all buildings shall be provided with adequate sewage distribution boxes, leaching pools and connection piping, all installed in accordance with the Building Code of the Incorporated Village of Lake Grove[1] and to meet all requirements of the Suffolk County Board of Health and all other authorities having jurisdiction.
[1]
Editor's Note: See Ch. 65, Building Construction.
(4)
Leaching pools shall be placed on the property and equipped with capped piping in such manner as to facilitate future connection to street sewers with a minimum amount of excavation and at minimum cost.
B.
Treatment facilities. Any building, structure or premises erected, altered or used for sewage disposal and treatment facilities shall be permitted in any district when authorized by resolution of the Planning Board, subject to such conditions and safeguards as the Planning Board may deem appropriate. A site plan for such building, structure or premises shall be submitted to the Village Engineer for his review and approval by the Planning Board. The location of all facilities shall be approved as part of the tentative subdivision approval. No building permit for the building, structure or premises for sewage disposal and treatment facilities shall be issued until said site plan has been approved by the Planning Board and the subdivision map of which it is a part has been filed in the Suffolk County Clerk's office. If the erection, alteration or usage of any building, structure or premises for sewage disposal and treatment facilities does not form a part of any subdivision, a building permit may be issued when the site plan has been duly reviewed by the Village Engineer and approved by the Planning Board.
§ 175-115 Tap streets.
No building or structure or part of a building or structure shall be erected or maintained at the end of a tap street. All applications for building permits for buildings or structures or parts of buildings or structures at the end of a tap street shall be referred by the Building Inspector to the Planning Board for its review. No application for a variance may be granted by the Board of Appeals from the provisions of this section unless such application has first been referred to and approved by the Planning Board. The term "tap street" shall mean any dead-end street which may be extended in the future.
§ 175-116 Street width.
All buildings or structures, commercial, business or residential, of whatever classification, shall border upon and have direct access to a street, road or highway having a minimum width of 50 feet.