Lake Success City Zoning Code
ARTICLE IV
Residence A, B-1, B-2 and C Districts
§ 105-10 Permitted principal and accessory uses.
[Amended 9-18-1958; 5-1-1967; 9-9-1985 by L.L. No. 4-1985]
No building, main or accessory, shall be erected in an A, B-1, B-2 or C Residence District, unless arranged, intended or designated exclusively for one or more of the following specified uses:
A.
Dwellings for the use and occupancy of but one family, including the office of a professional person, provided that such office is located in the same dwelling in which the practitioner resides and is merely incidental to the primary residence use, and further provided there is no display or advertising and no conspicuous sign other than a small professional nameplate. The employment of more than one person by the practitioner in his office shall be deemed a use not incidental to the primary residence use.
B.
Churches and other places of worship, parish houses, Sunday school buildings, public libraries and municipal buildings or properties, provided that such churches and other places of worship, parish houses, Sunday school buildings, public libraries and municipal buildings or properties shall be permitted in a residence district only with the prior approval of the Lake Success Board of Trustees and Planning Board, after detailed plans therefor shall have been submitted with an appropriate application, and after due public notice and hearing, and subject to appropriate conditions and safeguards and a finding that the proposed use is in harmony with the general purpose and intent of the chapter and is reasonably necessary for the health, safety, convenience and general welfare of the Village and of its residents, which approval may be granted in the discretion of the Board of Trustees, subject to such conditions and restrictions with respect to parking facilities, screening, height of building and other facts which, in the discretion of the Board of Trustees, it may deem necessary for the health, safety, convenience and general welfare of the Village and its residents.
C.
Tilling the soil, truck gardening, nurseries and greenhouses, provided that they are not used primarily for the growing of vegetables, plants or flowers for sale, and provided that there is no display of products and no advertising and provided that there is no power plant and that any greenhouse heating plant is at least 20 feet distant from each side lot line and also from the rear lot line.
D.
Accessory uses customarily incident to the above uses. The term "accessory use," however, does not include a business or any building or use not located on the same lot with the building to which it is accessory.
(1)
A garage or group of garages for more than three motor vehicles shall not be permitted as accessory use, but such garage or garages need not be occupied by the motor vehicles owned by the occupant of the premises to come within the designation of an "accessory garage." Such garages may not, however, be occupied by any commercial truck.
(2)
A "for sale" or "for rent" billboard, signboard or advertising sign shall, in no case, be permitted as an accessory use; however, two two-foot by two-foot directional signs, for an open house, the wording of which is limited to "Open House," address and directional arrow only, may be erected 1/2 hour before such event and maintained until 1/2 hour after it ends. One sign shall be located on the premises that is for sale or for rent, and the other shall be located suitably within an unpaved area of the Village right-of-way.
[Amended 5-11-2009 by L.L. No. 1-2009; 2-8-2010 by L.L. No. 1-2010]
(3)
A fence or other structure likely to be an annoyance or damage to an adjoining owner or the general public shall, in no case, be permitted as an accessory use.
(4)
A driveway or walk used for access to a business or industrial use shall, in no case, be permitted as an accessory use.
§ 105-10.1 Residence AA; permitted principal and accessory uses.
§ 105-11 Floor area.
[Amended 9-9-1985 by L.L. No. 4-1985; 2-14-1994 by L.L. No. 1-1994; 1-9-2012 by L.L. No. 3-2012]
A.
No single-family residence shall hereafter be erected unless it complies with the following floor area requirements:
District | Minimum Total Floor Area (square feet) |
|---|---|
Residence AA | 2,500 |
Residence A | 1,800 |
Residence B-1 | 1,400 |
Residence B-2 | 1,400 |
Residence C | 1,200 |
B.
For the purpose of this section, the floor area shall be that area enclosed within the outside walls of the principal building, excluding porches, terraces and steps. At least 75% of the second or third floor area qualifying as floor area shall have a ceiling height of not less than seven feet six inches and shall have access from the floor below by a permanent built-in stairway. In computing total floor area, nonhabitable attic or storage areas with ceiling heights of less than seven feet, detached garages, garages with ceilings less than four feet above grade, or basement and cellar rooms shall not be included.
§ 105-12 Garages.
[Amended 7-20-1970]
A.
Every single-family residence hereafter erected shall have provisions for garaging at least one automobile on the premises. Such garage shall not be less than 10 feet by 20 feet in size, and any existing conforming garage shall not be reduced to a size less than 10 feet by 20 feet.
B.
The floor of a garage under the dwelling may not be more than 24 inches below the adjacent curb level. The garage square footage will be included in the floor area ratio calculations.
[Added 8-14-2017 by L.L. No. 3-2017]
§ 105-12.1 Parking.
[Added 4-6-1987 by L.L. No. 1-1987; amended 9-14-1987 by L.L. No. 3-1987; 10-13-2009 by L.L. No. 3-2009; 10-18-2021 by L.L. No. 11-2021]
A.
Unregistered, dismantled, commercial vehicles, or other prohibited vehicles.
(1)
The parking or storage of one or more unregistered, dismantled vehicles or other prohibited vehicles on a lot or premises in any residential district is prohibited except as otherwise provided for in § 101-7B.
(2)
The parking or storage of one or more commercial vehicles on a lot or premises in any residential district is prohibited during the hours of 7:00 p.m. and 7:00 a.m. except as otherwise provided in § 101-7B.
(3)
For the purposes of this section, the following vehicles are presumed to be commercial vehicles and shall be subject to the restrictions set forth in § 105-12.1A(2), above.
(a)
All vehicles with lettering, logos or trademarks, other than of the make and/or model of the vehicle itself, identifying or advertising a business, a product or other commercial enterprise or charitable institution.
(b)
All vehicles displaying a commercial registration or having "commercial" license plates affixed.
(c)
All vehicles exceeding seven feet in height or 20 feet in length or which do not have windows on both sides of the vehicle covering the entire length of the vehicle, starting at the window at both sides of the driver's seat. Window separation not exceeding eight inches in width, for the purpose of this section, shall be considered part of the window.
(d)
All vehicles with more than four wheels.
(e)
All vehicles which are licensed as taxicabs or livery vehicles or buses.
(f)
All vehicles with seating capacity for more than 10 persons
(g)
All vehicles equipped to carry, and/or carrying, business equipment or merchandise on the exterior, including but not limited to ladders, paints, tarpaulins, etc.
(4)
For vehicles that fall under Subsection A(3)(c) above, upon good cause shown, the Board of Trustees may grant an exception to the parking and storage restrictions set forth in § 105-12.1A(2). Any person that owns a vehicle that falls under Subsection A(3)(c) above will have one year to comply with the restrictions set forth in § 105-12.1A(2).
(5)
For the purpose of this Code, an "unregistered vehicle" shall include:
(a)
Any vehicle without a valid New York State registration and inspection sticker.
(b)
Any vehicle with "dealer," "temporary" or "transportation" plates other than one such vehicle registered to the authorized primary resident of the premises.
(c)
Any vehicle that is not registered with the Department of Motor Vehicles of the State of New York with the exception of one such vehicle that is registered to the authorized primary resident of the premises.
B.
Parking or storage of any vehicle shall not be permitted on a lot or premises in any residential district unless on a paved driveway or unpaved area fronting a garage.
§ 105-12.2 Circular driveways.
[Added 9-16-1991 by L.L. No. 1-1991]
A.
Circular driveways shall be permitted in the Residence AA and Residence A Zoning Districts. Circular driveways in Residence B1 and Residence B2 Zoning Districts will be permitted only if the minimum frontage is 120 feet (excluding corner lots). Circular driveways shall be prohibited on corner lots and where street frontage is less than 120 feet. Circular driveways are prohibited in the Residence C Zoning District.
[Amended 12-11-2000 by L.L. No. 8-2000]
B.
No circular driveway shall be installed unless a building permit shall have been issued therefor by the Building Inspector. Every application for such building permit shall be accompanied by a dimensioned site plan drawn to scale and showing locations of all details, including the width and radius of such driveway, duly certified by a licensed professional engineer or architect, which site plan shall have been submitted to and approved by the Planning Board.
C.
Circular driveways shall conform to the following dimensions for the zoning district in which they are located:
[Amended 12-11-2000 by L.L. No. 8-2000]
Residence District | Maximum Width of Driveway | Maximum Width of Driveway (3 feet from curb) |
|---|---|---|
AA | 14 feet | 17 feet |
A | 14 feet | 17 feet |
B-1 | 12 feet | 15 feet |
B-2 | 12 feet | 15 feet |
D.
All applications for circular driveways shall be accompanied by an acceptable landscape plan. No certificate of completion shall be issued by the Building Inspector until such time as the landscape plan is satisfactorily completed.
[Added 12-11-2000 by L.L. No. 8-2000]