Lattingtown City Zoning Code
ARTICLE IV
District Regulations
§ 315-9 Conformity required; applicability of regulations.
A.
No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land, water or building be used, designed or arranged to be used for any purpose except in conformity with this chapter.
B.
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection and promotion of the public health, safety, morals, comfort, convenience and general welfare. This chapter shall not be deemed to affect in any manner whatsoever any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land, or upon the erection, construction, establishment, moving, alteration or enlargement of buildings than are imposed by other ordinances, rules, regulations, licenses, certificates or other authorizations, or by easements, or covenants, or agreements, the provisions of this chapter shall prevail.
§ 315-10 Supplementary regulations.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following general supplementary regulations.
§ 315-11 Buildings, uses and lots.
A.
Lot for every building. Every building hereafter erected shall be located on a lot as herein defined and, except as herein provided, there shall be not more than one main building and its accessory buildings on one lot, except for nonresidential buildings in districts where such uses are permitted.
B.
Yard and open space for every building. No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other building; no yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot.
C.
Subdivision and partitioning of a lot.
(1)
No lot or lots or parcel or parcels of land shall be created by the division of any existing lot or parcel unless both of the following conditions are met:
(a)
Such division has been approved by the Village's Planning Board in accordance with the Subdivision Rules and Regulations of the Village of Lattingtown,[1] except that such approval is not required in cases of transfers of land between adjoining property owners which create no violations of this chapter.
(b)
The created and the remaining lots or parcels and all of the structures on both the created and the remaining lots or parcels conform in all respects to this chapter except i) when a variance is obtained from the Village's Board of Zoning Appeals for a nonconformity and ii) when, in the case of a partitioning only, there is a preexisting, nonconforming setback of any structure on the lot on which the principal dwelling is located as a result of the partitioning.
(2)
No building permit shall be issued for the erection, alteration or use of a building on any lot or parcel created or remaining as a result of a partitioning or subdivision effected after April 17, 1967, unless this subsection has been complied with.
D.
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how the requirements of this chapter shall be applied.
E.
Lots under water or subject to flooding. No more than 10% of the minimum area requirement of a lot may be fulfilled by land which is under water or subject to periodic flooding. Land which is under water that is open to use by persons other than the owner of the lot, shall be excluded entirely from the computation of the minimum area of that lot. For the purposes of this subsection, land in the bed of a stream not exceeding five feet in width at mean water level, and land in any pond not exceeding 150 square feet in area, shall not be considered as under water.
F.
Required street frontage. No building permit shall be issued for any structure unless the lot upon which that structure is to be built has the required frontage of at least 50 feet on a street or highway as defined in former § 179-o of the Village Law,[2] which street or highway shall have been suitably improved or a bond posted therefor to the satisfaction of the Village Board or Planning Board as provided in the Village Law.
[2]
Editor's Note: See now Village Law § 7-736.
G.
New building on preexisting, nonconforming lots in single and separate ownership.
(1)
No building permit shall be issued for the erection, alteration or use of a building on a lot which does not comply with the requirements of this chapter as to lot area, street frontage, lot width or lot depth unless all of the following three conditions are met:
(a)
A valid conveyance of the lot was recorded in the office of the Clerk of Nassau County prior to the adoption of that provision (regarding area, frontage, width or depth) of the Village's Zoning Ordinance as originally adopted or later amended which is violated by such lot, and
(b)
The owner of such lot does not own other land contiguous thereto, and
(c)
The owner of such lot or his predecessor in title has not owned other land contiguous thereto since the adoption of that provision of the Village's Zoning Ordinance as originally adopted or later amended which is violated by such lot.
(2)
The Board of Zoning Appeals or the Attorneys for the Village shall determine whether the above conditions are met. If said Board or Attorneys so find, they may authorize the issuance of the requested building permit provided that no existing nonconformity in height, setback (yard space), land coverage and dwelling unit size shall be increased and provided that all the requirements of this chapter in effect at the time of the issuance of the requested building permit are complied with to the fullest extent possible.
H.
Lots made nonconforming for conservation purposes. The remaining portion of any previously conforming lot made nonconforming by the conveyance of a part thereof to the Village, the Town of Oyster Bay, the County of Nassau, the State of New York or the United States of America, or to a duly constituted entity thereof shall be deemed to be a conforming lot provided i) the land so conveyed is under water or subject to periodic flooding, ii) the land so conveyed shall only be used for conservation and related purposes, iii) the land so conveyed shall never be improved with any structure and iv) such conveyance is permitted by the Board of Appeals upon written application and after public hearing duly noticed in the manner required for an appeal to said Board. If said Board so permits such conveyance, it may at that time authorize the issuance of building permits for the remaining portion of said lot provided it has an area of at least 1/3 of an acre and the requirements of this chapter in effect at the time of the issuance of such building permits are complied with to the fullest extent possible.
§ 315-12 Projecting architectural features; walls and fences; corner lots; visibility at intersections.
A.
Projecting horizontal architectural features. Architectural features, such as window sills, belt courses, chimneys, cornices, eaves or bay windows, shall not project more than three feet into any required yard. The sum of any bay window projections on any wall shall not exceed 1/4 the length of any said wall.
B.
Walls and fences. The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall nor to prohibit any fence or wall, providing that no fence or wall shall exceed 6 1/2 feet in height, measured above the existing natural grade prior to construction. The "good" or finished side of fences located on or near property lines shall face outward from the property on which they are located.
C.
Corner lots. On a corner lot there shall be provided a side yard on the side street equal in depth to the required front yard on said lot.
D.
Visibility at intersections. On a corner lot no fence, wall, hedge, or other restructure or planting, more than three feet in height, shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 30 feet distant from the point of intersection, measured along said street lines. The height of three feet shall be measured above the road surface at the nearest edge of road way. This subsection shall not apply to existing trees, provided that no branches are closer than six feet to the ground.
§ 315-13 Minimum dwelling unit size.
§ 315-14 Storage, parking and use of vehicles and vessels.
A.
Prohibited storage or parking.
(1)
None of the following types of vehicles shall be stored or parked on any private property within the Village:
B.
No trailer, semitrailer, mobile home, motor home, recreational vehicle or any similar vehicle, as vehicle is defined in the Vehicle and Traffic Law, designed to be used for part- or full-time human habitation, or vessel, or trailer for such vessel, shall be stored or parked on any private property within the Village for more than 30 days during any calendar year unless the same shall be stored or parked within a fully enclosed private garage building or at a location where said vehicle is concealed at all times from neighboring property, and no such vehicle shall be used for human habitation within the Village at any time.
§ 315-15 Buffer areas.
In order to protect adjacent property owners who abut lots in the R-4A, R-2A and R-1A Zoning Districts, when said lots contain an improved surface located within 25 feet of a side or rear lot line, there shall be required a buffer area of 10 feet wide between said improved surface and said lot line, which buffer area shall contain coniferous screening and/or fencing which meets the satisfaction of the Planning Board. In situations where topography and/or distance to the improvements on said adjacent property serve to mitigate visual impact, the Planning Board may waive the coniferous screening and/or fencing requirement.
§ 315-16 Schedules of Regulations.
The following Schedules of Regulations list and define the use of land and buildings, the height of buildings, the yards and other open space to be provided in connection with buildings, the area of lots, and other matters. It is the intention that the uses set forth for each district shall not be permitted uses in following districts unless allowed specifically or by reference as permitted uses in said following districts. Only those uses listed for each district as being permitted shall be permitted. Uses not listed specifically or by reference as being permitted in a district shall be deemed a nonpermitted use in that district.
§ 315-17 Schedule of uses for all rural and residence districts.
A.
Permitted principal uses:
(1)
Detached single-family dwelling not exceeding 2 1/2 stories.
(2)
Church for public worship and other strictly religious uses and in accordance with the discipline, rules and usages of the religious corporation which will own, support and maintain such church and the ecclesiastical governing body, if any, to which such corporation is subject, the membership of which church shall be at least partially composed of Village inhabitants, said use to be subject to the applicable standards and requirements set forth in Article V and § 315-30 hereof. Such use shall include accessory uses on the same lot and customarily incidental and subordinate to such use as a church.
(3)
Pumping, storage, sale and distribution of water, including water towers when approved by and made subject to conditions imposed by the Board of Trustees after written application thereto and the issuance of a permit.
(5)
Indoor tennis court nonprofit club with respect to tennis court building in existence at the time of the enactment of this chapter with at least two acres surrounding the same.
(6)
Public primary and secondary schools and other schools conducted by trustees of school districts under Article 89 of the Education Law with customary accessory use.
(7)
State universities, colleges and schools and community colleges, with customary accessory uses.
(8)
Private colleges and universities, chartered by the Board of Regents of the University of the State of New York or by special act of the Legislature, including accessory uses on the same lot and customarily incidental and subordinate to the main use, subject to the applicable standards and requirements set forth in Article V and § 315-28 hereof.
(9)
Private schools as hereinbefore defined, including accessory uses on the same lot and customarily incidental and subordinate to such use as a school, subject to the applicable standards and requirements set forth in Article V and § 315-28 hereof. Such permitted private schools shall in no event be deemed to include any camp as is hereinbefore defined which said use is hereby expressly prohibited.
(10)
Incorporated, nonprofit club having at least 500 feet of beach front and at least 20 acres of contiguous land on Long Island Sound, which premises shall be used exclusively for bathing, swimming and related recreational and social activities, subject to the applicable standards and requirements set forth in Article V and § 315-29, except as modified herein and as follows:
(a)
Section 315-11E shall not apply to such a club, but the property on which it is located must contain at least one contiguous shorefront acre of land which is not under water or subject to periodic flooding for each 150 feet of shorefront and, in the aggregate, at least five acres of land not under water or subject to periodic flooding.
(b)
[1]
The rear yard of the lot shall be the shorefront at the normal high-water mark, to which no minimum distances shall apply for use and to which the minimum distance for structures, pools, athletic facilities and parking areas shall be 50 feet.
[2]
The minimum side yard within 300 feet of the shorefront shall be 100 feet for structures, pools, athletic facilities and parking areas. In the case of land adjoining another village, town or city the restriction on parking areas may be reduced or waived with the consent of the adjoining landowner.
[3]
The minimum side yard requirements beyond 300 feet from the shorefront shall be as otherwise provided in this chapter for country clubs.
[4]
The size of the off-street parking area and the usable minimum floor area of structures and facilities shall be established by the Board of Zoning Appeals with due consideration to the number of the membership and anticipated use of the facilities and may be made subject to periodic review.
(c)
After a permit has been issued to a club by the Board of Appeals in accordance with the foregoing provisions of Subsection A(10), such club may convey any of its land which i) is under water or subject to periodic flooding and ii) is part of its minimum 20 acres, or may convey an interest in such land, to the Village, the Town of Oyster Bay, the County of Nassau, the State of New York or the United States of America, or to a duly constituted entity thereof, provided i) such land shall only be used for conservation and related purposes, ii) such land shall never be improved with any structure and iii) such conveyance is permitted by the Board of Appeals upon written application and after public hearing duly noticed in the manner required for an appeal to said Board. If said Board so permits such conveyance, the Board shall specify the minimum land requirements applicable to such club thereafter. Such club shall not convey any part of its land which i) is not under water or not subject to periodic flooding and also ii) is part of its minimum 20 acres.
(11)
Addition to or extension of an existing cemetery provided a) the existing cemetery was in existence on May 22, 1962, is owned and operated not for profit and no part of its net earnings inure to the benefit of any private shareholder or individual and b) the aggregate area of all additions shall not exceed the area of such cemetery as of May 22, 1962, and subject to the applicable standards and requirements set forth in Article V and § 315-32, except as modified herein, and as follows: c) §§ 315-19 and 315-27 shall apply to the original application for this permitted use subject to additional standards but shall not apply to each individual headstone or mausoleum for which individual permits shall not be required.
(12)
Neighborhood property owners' association beach and waterfront clubs, subject to the applicable standards and requirements set forth in Article V of this chapter, except as modified herein as follows:
(a)
Each parcel of land devoted to said use shall be contiguous to navigable waters and contain an area of at least three acres.
(b)
The principal use of such beach or waterfront clubs shall be limited to swimming, picnicking, sunbathing, fishing and boating.
(c)
All structures shall not exceed a height of 30 feet, nor cover more than 15% of the lot area and shall be set back at least 100 feet from the shorefront (mean high water) and at least 60 feet from all other boundary lines. Such structures shall not be used for any of the following purposes of a commercial nature such as but not limited to bars, refreshment stands, jukeboxes, coin-operated machines (except a soft drink vending machine) and sale of marina-type products.
(d)
The main beach house on a lot devoted to said use may contain living quarters, containing not more than 800 square feet of habitable floor area, for a caretaker and his immediate family.
(e)
The actual use of such a beach club shall be limited to the individual owner or lessee and the immediate family or bona fide guests of such owner or lessees of the lots in a residential subdivision or development in which said beach club is situated and whose lot owners are members of a property owners' association for said subdivision or development pursuant to the rules and regulations of said association not in conflict with any of the provisions of this chapter or other governmental authority having jurisdiction of beach club facilities.
B.
Permitted accessory uses:
(1)
Agriculture, including berries, fruit and garden produce and a noncommercial greenhouse.
(2)
Keeping of not more than any combination of six dogs and cats. For the purposes of this section, any dog or cat less than six months old shall not be counted toward the total.
(3)
Poultry.
(4)
Keeping of horses and other animals having an individual weight of over 25 pounds for the personal use of the occupants of a lot, provided the owner obtains a special permit from the Board of Appeals which permit shall be subject to the following standards and conditions:
(a)
No such use shall be permitted on lots having less than two acres of land.
(b)
The number of horses and other animals and the number of stalls and structural facilities reasonably necessary for the shelter of same, permitted on each lot, shall not exceed the following: One horse or other animal for each acre of lot area plus one additional horse or other animal for each additional acre of lot area, subject to the provisions of Subsection B(4)(j) below.
(c)
Any such horses or other animals shall be owned in fact as well as in name solely by the resident occupants of the lot who shall upon written request of the Building Inspector produce a sworn affidavit and other reasonable evidence of said ownership.
(d)
The boarding or keeping of horses or other animals owned by persons other than those who are the resident occupants of any lot is prohibited.
(e)
All grain and feed shall be kept in rodent-proof containers.
(f)
No manure shall be stored within 100 feet of any boundary line and shall be sorted and treated in such a manner so that it shall not create any odor or attract or harbor any rodents, flies or other insects on adjacent property.
(g)
The location of stables, barns and sheds used to shelter horses and other animals shall be set back at least 50 feet from every boundary line of a lot, except that any private outdoor riding ring, private paddock, corral or other roofless enclosure for horses, and other animals and unenclosed area for their unattended maintenance shall be located not less than 25 feet from any boundary line.
(h)
Horse vans, trailers or any other vehicle used for the transport of horses and other animals shall, if kept on the premises for more than 24 hours, be properly concealed from adjacent properties.
(i)
Horses and other animals may be transported to and from residential parcels only during the hours of 6:00 a.m. to 6:00 p.m. of each day of the week.
(j)
No person shall keep more than five horses or other animals on any one lot in any Residence District unless a special permit for same is authorized and approved by the Board of Trustees.
(k)
Any lot or lots exceeding the foregoing standards at the time of enactment of this chapter must be duly registered with the Village Clerk and certified in writing by the Building Inspector prior to said enactment in order to be recognized as a valid nonconforming use.
(5)
The carrying on of a home occupation by a person residing in the dwelling unit in which such home occupation is carried on provided that there is no display of goods or advertising visible from any street, that no assistant is employed, that no mechanical or electrical equipment is used except ordinary equipment, that the space so used does not occupy more than 25% of the total floor area of the dwelling unit and provided further, that such home occupation is not carried on in any accessory building.
(6)
Real estate activities of an owner, or of his duly authorized agent, in connection with his property within the Village.
(7)
The office or studio of a physician, surgeon, architect, dentist, teacher, painter or sculptor, musician, lawyer or engineer residing in the dwelling unit in which such office or studio is located, provided there is no display or advertising on the premises in connection with such use except for a professional nameplate not over two square feet in area, provided that said nameplate shall comply with the provisions of Article VII of this chapter; provided, also, that such studio or office does not occupy more space than the equivalent of 1/3 of the area of one floor of such dwelling and that such use is merely incidental to the use of such dwelling unit primarily for residential purposes; provided, however, that any such musician's studio is equipped and used in such a manner that sounds therefrom are not unduly annoying to other persons on nearby premises or public places; and provided, further, that no assistants, whether paid or not, may participate in such use except that one assistant may be employed if the nature of the profession is such as to require an assistant; and provided, further, that no use shall be made of more than one building in connection with such professional use; and provided further, that such professional use by the artist shall not be deemed to include the right to engage in wholesale or retail trade, as such term is ordinarily understood.
(8)
Unilluminated private tennis or other recreational courts, or private swimming pool. Aboveground swimming pools shall be suitably screened and concealed from adjacent properties with fencing or by the planting and maintenance of evergreen trees or shrubs as required by the Building Inspector.
(9)
Private garage for noncommercial passenger vehicles used by occupants of the premises.
(10)
A private beach, beach house, wharf, pier, bathhouse, boathouse, sea walls, retaining walls and jetties for the use of the owner of the residential lot on which located subject to the special standards and requirements in § 315-31.
(11)
No use carried on as a business shall be permitted in any accessory building. The renting to a tenant of any accessory building alone and not in conjunction with the principal building or principal use shall constitute a prohibited business use.
(12)
Accessory dwellings. No accessory dwelling shall be erected, created, altered or enlarged, and no existing structure shall hereafter be converted into an accessory dwelling without the approval of the Planning Board of the Village. Such approval shall be granted only upon the following findings or conditions by the Planning Board:
[Amended 6-17-2004 by L.L. No. 1-2004]
(a)
The lot upon which the accessory dwelling is located has sufficient surplus land area so as to provide a minimum land area for each principal and accessory dwelling as required in the district in which the lot is located as if each dwelling were situated on a separate lot;
(b)
The proposed location for the accessory dwelling will comply with this chapter in the event of a future subdivision of the premises;
(c)
Adequate drainage facilities are provided for the accessory dwelling;
(d)
Considering any other relevant factors, construction of the accessory dwelling will not be detrimental to the health, welfare or safety of the community.
§ 315-18 Schedule of rural and residential district standards.
[Amended 9-1-2006 by L.L. No. 2-2006; 10-22-2015 by L.L. No. 6-2015]
Standards shown are minimum requirements unless otherwise indicated. Dimensions are in feet unless otherwise indicated. See Notes (a), (b), (c), (d), (e), (f), (g), (h) and (i) for further restrictions as indicated.
Requirement | R-4A | R-2A | R-1A | R-15 | |||
|---|---|---|---|---|---|---|---|
Lot area | 4 acres | 2 acres | 1 acre | 15,000 square feet | |||
Street frontage | 50 | 50 | 50 | 50 | |||
Street frontage on circumference of cul-de-sac | 100 | 75 | 50 | 50 | |||
Lot width(a) | 300 | 200 | 125 | 100 | |||
Lot depth | 300 | 250 | 200 | 100 | |||
Front yard setback, principal and accessory building(b), (d) | 100 | 75 | 50 | 40 | |||
Side yard setback, principal and accessory buildings(f) | 80 | 50 | 30 | 20 | |||
Rear yard setback, principal and accessory buildings(f) | 80 | 50 | 50 | 30 | |||
Maximum height:(c) | |||||||
Principal building: | |||||||
Pitch roof | 35 | 35 | 35 | 35 | |||
Flat roof | 25 | 25 | 25 | 25 | |||
Accessory buildings and other structures | 25 | 25 | 25 | 25 | |||
Maximum number of stories: | |||||||
Principal building | 2 1/2 | 2 1/2 | 2 1/2 | 2 1/2 | |||
Accessory buildings | 1 1/2 | 1 1/2 | 1 1/2 | 1 1/2 | |||
Maximum gross floor area per principal building* | 9,000 square feet | 6,000 square feet | 4,500 square feet | 3,000 square feet | |||
Minimum gross floor area of principal building | 2,200 square feet | 2,200 square feet | 1,800 square feet | 1,500 square feet | |||
Maximum building area of principal building | 4% | 6% | 10% | 20% | |||
Maximum gross floor area for each accessory building | 1,000 square feet | 750 square feet | 500 square feet | 250 square feet | |||
Maximum total building area (includes principal and accessory buildings, and all improved surfaces including but not limited to driveways) | 20% | 25% | 30% | 35% | |||
Usable minimum floor areas for churches, clubs, classrooms in private colleges, universities and schools | 25 square feet for each occupant as aforesaid of each of said buildings | ||||||
Height setback ratios: | |||||||
Front | 0.24 | 0.32 | 0.48 | 0.60 | |||
Side | 0.30 | 0.48 | 0.80 | 1.20 | |||
Rear | 0.30 | 0.48 | 0.48 | 0.80 | |||
NOTES: | ||
|---|---|---|
(a) | Within any Residence District, no part of any dwelling or other structure housing a main use, and no part of any residence structure, shall be erected on that part of a lot where the lot width is less than the minimum requirement for the district in which it is located. No part of a lot having a width less than 1/2 the minimum required width for the district may be counted as a part of the required minimum lot area. | |
(b) | Left blank intentionally. | |
(c) | Except chimneys not exceeding three feet defined in building height. | |
(d) | All accessory buildings and accessory structures shall be located a minimum of 100 feet from any street line, except that a garage may be set back the same distance as a main residential building but, in no event, less than the minimum front yard setback required in the district in which it is located. | |
(e) | For all buildings having a roof with a pitch of less than four on 12, the maximum height shall be 25 feet and two stories. | |
(f) | In the R-15 District, accessory buildings not larger than 100 square feet in gross floor area may be set back 1/2 the minimum distance required for the rear and side yard setbacks. | |
(g) | In the R-4A District, the front, side and rear yard setbacks for a principal building shall increase by 2% for every 1% by which the principal building exceeds 9,000 square feet of gross floor area. | |
(h) | Air-conditioning condensing units shall be permitted to project no more than eight feet into any required side yard or rear yard setback, provided they comply with the front yard setback, are fully screened from view from the street and view of neighboring properties, and comply with the Village's Noise Ordinance and do not create unreasonable noise at a point 10 feet beyond the property line of the property on which the unit is located. | |
(i) | Generators shall be permitted to project no more than eight feet into any required side yard or rear yard setback, provided they comply with the front yard setback, are fully screened from view from the street and view of' neighboring properties, and comply with the Village's Noise Ordinance and do not create unreasonable noise at a point 10 feet beyond the property line of the property on which the generator is located. | |
* | As increased or decreased using the following formula: | |
1) | Up to and including 1.0 acre of lot area: Maximum gross floor area = lot area minus 43,560, the difference of which is then multiplied by 0.052521 and the product is then subtracted from 4,500. | |
2) | More than 1.0 acre of lot area, up to and including 4.0 acres of lot area: Maximum gross floor area = lot area minus 174,240, the sum of which is then multiplied by 0.034435 and the product is then subtracted from 9,000. | |
3) | Over 4.0 acres of lot area: Maximum gross floor area = lot area minus 174,240, the difference of which is then multiplied by 0.022957 and the product is then added to 9,000. | |