Lake Grove Village City Zoning Code
ARTICLE III
B Residence I District
§ 175-7 Permitted uses.
[Amended 2-4-1999 by L.L. No. 1-1999]
In B Residence 1 District, no building, structure or premises shall be used or occupied, and no building or part thereof or other structure shall be erected or altered, unless otherwise provided in this chapter, except for one or more of the following uses:
A.
Permitted principal uses.
(1)
One-family dwellings: living as family. (Interior doors locked from the outside are prohibited.)
[Amended 11-16-2023 by L.L. No. 7-2023]
(2)
Churches or similar places of worship; parish houses.
(3)
Public and parochial schools, elementary and high, and private schools having a curriculum similar to that ordinarily given in public schools.
B.
Permitted accessory uses, located on the same lot with the permitted principal use.
(1)
Private garages.
(2)
Office of a physician, lawyer, architect, teacher or similar professional person residing on the premises and when such use is incidental to such residence; provided, however, that such use shall be within the main building and occupy not more than 1/3 of the first floor area.
(3)
Customary home occupations only when conducted by the person residing on the premises.
(4)
Fences.
(a)
Where a residence has been erected, a six-foot fence may be installed to enclose rear and side yards to the front foundation line. On a through lot, a six-foot fence may be installed in the rear yard along the two side lot lines, but no closer to the street adjacent to rear of premises than the average front yard setback for that street.
(b)
If such fence shall be erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street opposite such fence, unless such fence is of open woven wire or other such design as will not obstruct sight visibility. Such height so measured shall not exceed 21/2 feet at any point within a radius of 30 feet of the corner formed by any intersecting streets. The provisions hereof shall also apply to hedges or any other densely growing shrubbery.
(c)
Wire strand and open woven wire fences six feet in height above ground level shall be permitted on all lot lines of property principally devoted to agriculture, provided that such height so measured shall not exceed four feet at any point within a radius of 30 feet of the corner formed by any intersecting streets.
(d)
No fence shall exceed four feet other than as specifically provided for herein.
[Added 5-6-2004 by L.L. No. 2-2004]
(5)
Signs, as permitted and regulated in Chapter 142, Signs.
(6)
Other customary accessory uses, structures and buildings, provided that such uses are clearly incidental to the principal use and do not include any activity commonly conducted as a business. Except with regard to construction on property principally used for agriculture, any accessory building shall be located on the same lot with the principal building, and no accessory building shall be constructed on a lot until the construction of the main building has actually been commenced, and no accessory building shall be used unless the main building on the lot is completed and used.
(7)
Wood decks over 18 inches above grade measured at its highest point shall require a building permit.
§ 175-8 Height.
In B Residence 1 District, no building or structure shall be erected or altered to a height in excess of 35 feet or 2 1/2 stories.
§ 175-9 Building area.
In B Residence 1 District, the total building area shall not exceed 20% of the total lot area.
§ 175-10 Lot area.
In B Residence 1 District, no building or structure shall be erected on a lot having an area less than 20,000 square feet or upon a lot having a frontage of less than 125 feet at a point 40 feet back of the street line.
§ 175-11 Front yard.
In B Residence 1 District, there shall be a front yard having a depth of not less than 40 feet unless 40% or more of the frontage on that side of the street between two intersecting streets is improved with buildings, a majority of which have observed an average front yard line having a variation in depth of not more than six feet, in which case no building shall project beyond the average front yard so established. However, this regulation shall not be interpreted to require a front yard depth of more than 60 feet.
§ 175-12 Side yards.
In B Residence 1 District, there shall be two side yards, one on each side of the building, the total width of both to be 45 feet and no one side yard to be less than 20 feet wide.
§ 175-13 Rear yard.
In B Residence 1 District, there shall be a rear yard having a minimum depth of 60 feet.
§ 175-14 Accessory buildings and structures.
[Amended 5-16-1996 by L.L. No. 6-1996; 9-15-2022 by L.L. No. 2-2022]
In B Residence 1 District, accessory buildings and structures may occupy 25% of the required rear yard and shall not exceed 15 feet in height; provided, however, that no building or structure shall be built less than five feet from any side or rear lot line nor less than 60 feet from any street line. Any structure over 144 square feet shall require a building permit.
§ 175-14.1 Illegal multifamily housing.
[Added 8-17-2006 by L.L. No. 3-2006; amended 6-15-2023 by L.L. No. 2-2023; 9-18-2025 by L.L. No. 13-2025]
A.
Multifamily housing prohibited. In addition to any violation of the other sections of this Chapter 175 and any other chapter or provision of the Lake Grove Village Code, it shall be prohibited to occupy, use or maintain a property or structure that is zoned for single-family use or occupancy by more than one family or to maintain more than one dwelling unit. Where a violation of this § 175-14.1A exists, it shall be a violation of this section by the owner, tenant, subtenant and manager of the property and the real estate broker that procured the sale, purchase or lease of the property or unit or use. In the event that the property is owned by a corporation, the officers and owners of the corporation shall be responsible for the violation; in the event that the property is owned by a trust, the trustees of the trust shall also be responsible for the violation; and where the property is owned by a limited liability company or entity, the members and managers of the limited liability company shall be responsible for the violation.
B.
Rebuttable presumption. It shall be a rebuttable presumption that a building or dwelling unit zoned for single-family occupancy is occupied by more than one family and/or contains more than one dwelling unit if any of the following features are found to exist on the premises of that building or dwelling unit by the applicable Village Building Inspector, Code Enforcement Official or Code Enforcement Officer:
(1)
More than one mailbox, mail slot or post office address.
(2)
More than one doorbell or doorway on the same side of the building or dwelling unit.
(3)
More than one electric meter and or other utility meters.
(4)
More than one gas meter.
(5)
More than one connecting line for cable television, and two or more satellite dishes, or multiple lines or dishes for different services.
(6)
That the structure shows evidence of an entrance(s) that is not set forth on plans maintained or approved by the Building Department and that the Building Inspector has cause to believe is unauthorized. Separate entrances for segregated portions of the building or dwelling unit.
(7)
Partitions or locked internal doors barring access between segregated portions of the building or dwelling unit, including bedrooms.
(8)
Separate written or oral leases or rental agreements or the payment of rent for portions of the building or dwelling unit among the owners and residents.
(9)
Two or more kitchens, each of which contains a range or oven and refrigerator and sink.
(10)
Excessive vehicles parked at the premises, each registered to a different owner.
(11)
The installation or use of portable kitchen appliances, including but not limited to hotplates, microwaves, or a refrigerator in bedrooms or other nonkitchen areas, plumbing or electrical work that was not submitted to or approved by the Village and or additional or multiple 220 amp services;
(12)
Evidence that garbage, septage or water usage exceeds the reasonable estimate of such use for the use permitted for the premises;
(13)
Two or more vehicles routinely parked overnight upon or adjacent to the dwelling lot that are registered to nonfamily members and or persons with different registration or license addresses, evidence of parking of more than one car per bedroom of the home;
(14)
Used or available parking spaces in excess of 10% of the total lot area;
(15)
The dwelling or any part thereof has been advertised in any newspaper, magazine, circular, local advertising publication, or by electronic realty or realty advertising, rental website, or any website including but not limited to Airbnb, HomeAway, VRBO and similar websites. As being available for sale, rent or lease, which advertisement provides:
(a)
That such dwelling contains rooms for rent, numbers of dwelling units available, or that the dwelling may be occupied by more than one separate family; or
(b)
That the property is being used as a dwelling containing rental units, or the number of rooms for rent, dwelling units available or multifamily accommodation; and
(c)
Such advertising is contrary to the authorized number of rooms or dwelling units for the premises, or is contrary to the use authorized for the premises.
C.
Penalties.
(1)
Each violation of any provision of this § 175-14.1 shall, for a first conviction thereof, be punished by a fine of not more than $2,500; for a second conviction within 12 months thereafter, such person shall be punished by a fine of not more than $5,000; and upon a third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not more than $7,500.
(2)
Each day that a violation should exist of any subsection of § 175-14.1 shall constitute a separate violation, whether or not a separate appearance ticket or notice of violation has been issued, and each such separate violation shall be subject to a separate and additional fine or penalty.