Laurel Hollow Village
City Zoning Code
City Zoning Code
ARTICLE IV
Use and Area Requirements
[Amended 3-11-1996 by L.L. No. 2-1996[1]]
[1]
Editor's Note: This local law also repealed former § 145-5, Residence District, as amended.
§ 145-5 Residence District.
A.
Subject to the exceptions specified in § 145-22 of this chapter, no building or structure shall hereafter be erected, altered or enlarged in the Residence District except on a lot which, for each principal building, together with its accessory buildings and structures:
[Amended 10-19-1998 by L.L. No. 2-1998; 12-9-2004 by L.L. No. 7-2004]
(1)
Has an area of at least two acres, provided that:
(a)
The building area of the principal building, exclusive of other structures, shall not exceed 6% of the lot area.
(b)
The combined area of all other accessory buildings and structures, excluding the principal building, shall not exceed 10% of the lot area.
(c)
No accessory building shall exceed 25% of the building area of the principal building, and in no event shall the building area of an accessory building exceed 1,000 square feet. No accessory building or structure shall have finished or unfinished below-grade floor space, and no accessory building or structure shall have a heating system. Notwithstanding the foregoing, a swimming pool may have a heating system.
[Amended 7-14-2005 by L.L. No. 1-2005; 12-8-2005 by L.L. No. 3-2005; 3-9-2006 by L.L. No. 1-2006]
(d)
The total surface coverage shall not exceed 20% of the lot area.
(2)
Has a front line frontage on a street of at least 150 feet, except that where said frontage coincides with the circumference of a cul-de-sac at the extremity of a dead-end street, such front lot line frontage shall be at least 50 feet.
(3)
Has a naturally existing minimum contiguous buildable area, excluding wetlands, water bodies, watercourses, buffer areas, severely steep slopes, very steep slopes, greenbelt areas and required yard setbacks for principal buildings, of not less than 15,000 square feet, with a minimum dimension in any direction of at least 80 feet, which area can be accessed by a driveway not exceeding 15% in grade and can be built upon without changing the existing natural grade by more than six feet. Up to 1/3 of such minimum contiguous buildable area may consist of steep slopes. The requirements of this subsection shall not be applicable to any lot legally created prior to the effective date of this subsection, and may be waived or modified by the Planning Board where said Board determines that such waiver or modification would be appropriate considering the specific circumstances of the site and would provide the same or similar protection of the environment.
B.
Subject to the exceptions specified in § 145-22 of this chapter, no building or structure shall hereafter be erected, altered or enlarged in the Residence District unless:
[Amended 10-19-1998 by L.L. No. 2-1998]
(1)
If it is a principal building, it shall be set back at least 60 feet from every street line and 40 feet from every other lot line.
(2)
If it is an accessory building or structure, it shall be set back at least 100 feet from every lot line abutting a street. An accessory building or structure having a building area of up to 500 square feet shall be set back at least 40 feet from every lot line not abutting a street. An accessory building or structure having a building area of more than 500 square feet up to 1,000 square feet shall be set back at least 50 feet from every lot line not abutting a street. A garage may be set back at the same distance as a principal building from the lot line abutting the street but not less than 60 feet. No accessory building or structure shall be erected at a distance less than the same distance from the front lot line as the principal building is.
[Amended 2-12-2004 by L.L. No. 2-2004; 7-14-2005 by L.L. No.1-2005]
(3)
If it is a swimming pool, tennis court, barn, kennel/animal shelter, or similar accessory recreational structure, it shall be located in the rear yard and shall be set back at least 100 feet from any lot line abutting a street and at least 40 feet from every other lot line.
[Amended 2-12-2004 by L.L. No. 2-2004]
(4)
If it is a dock, seawall, jetty, staircase or similar structure from higher ground to a beach, it shall not be subject to rear yard setback requirements.
[Added 12-9-2004 by L.L. No. 7-2004]
C.
Height restrictions. No principal building hereafter erected or altered shall exceed 35 feet in height, and no accessory building or structure shall exceed 20 feet in height.
[Amended 7-14-2005 by L.L. No.1-2005]
D.
Floor area standards.
(1)
The minimum floor area of the ground floor of any one-story principal building, excluding garage, hereafter erected, constructed, altered or moved on a lot shall be 1,800 square feet.
(2)
The minimum floor area of the ground floor of any one-and-one-half-story principal building, plus the floor area of the half story above or below it, excluding garage, hereafter erected, constructed, altered or moved on a lot shall be 2,100 square feet.
(3)
The minimum floor area of the ground floor, plus the first floor above it, of any two-story or higher principal building, excluding garage, hereafter erected, constructed, altered or moved on a lot shall be 2,400 square feet.
(4)
The maximum permitted floor area ratio shall be 0.09.
E.
Permitted uses. No building, structure or premises in the Residence District shall be used or maintained for any purpose except the purposes enumerated below and for no other, and no building or structure shall hereafter be erected, enlarged or altered if, as so erected or as a result of such enlargement or alterations, such building or structure or any part thereof is arranged, designed or intended to be used for any purpose except the purposes enumerated below. This provision shall not be deemed to permit any roadway, driveway or walkway giving access to premises used for purposes not permitted in the Residence District.
[Amended 10-19-1998 by L.L. No. 2-1998]
(1)
One detached single-family dwelling.
(2)
Accessory buildings and structures for private and noncommercial purposes, subordinate and incidental to the single-family dwelling.
(3)
Uses customarily incidental and accessory to a single-family dwelling, provided that they are located on the same lot and under the same ownership, including the following, with limitations as noted below:
(a)
Breeding or keeping of dogs, cats, birds, bees and horses, provided that:
[1]
There shall be no display of signs, advertising, produce, goods, stock or merchandise visible from any street, and all buildings or structures used for the breeding or keeping of such animals, and all areas used for the storage of manure shall be set back at least 50 feet from each boundary line of the lot and at least 100 feet from the street line.
[2]
No trucks, horse vans or other vehicles and equipment and no produce, supplies, goods or stores shall be kept, maintained or stored on the lot or premises for any commercial purpose.
[3]
The keeping of horses shall be for personal use only and shall be subject to compliance with 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 the number of stalls and structural facilities reasonably necessary for the shelter of the same, permitted on each lot, shall not exceed one horse for each full acre.
[c]
All grain-type feed shall be kept in rodentproof metal containers.
[d]
Manure shall be stored and treated in such a manner so that it shall not create any odor or attract or harbor any rodents, flies or other insects.
[4]
The keeping of dogs and cats shall be limited to a maximum total of eight such animals exceeding six months of age.
(b)
The parking or storage of commercial vehicles, recreational vehicles, travel trailers and/or boats, provided that:
[1]
No more than one commercial vehicle shall be kept on any lot and it shall be limited to a maximum of one and one-half (1 1/2) tons' capacity, as shown on the vehicle's registration certificate.
[2]
No commercial or recreational vehicle shall be permitted to be used for occupancy purposes of any kind.
[3]
Any permitted commercial or recreational vehicle shall be parked or stored in a building or shall otherwise be screened with evergreen landscaping and/or fencing from the view of any person standing on grade on any adjoining property or street.
[4]
The area where such vehicle is parked or stored shall comply with all yard setbacks as required for buildings, but in no case shall such a vehicle be permitted to be parked or stored in any front yard.
(c)
Office, studio or home occupation conducted solely by, and for the sole benefit of, a person(s) residing in the dwelling unit in which such use is conducted; provided, however, that no stock or merchandise shall be kept on the premises, there shall be no nonresident employed on the premises and there shall be no external evidence of the use except for one nonilluminated identification sign not to exceed one square foot in area, and further provided that such use does not occupy more than one-fourth (1/4) of the floor area of one floor of the dwelling or 500 square feet, whichever requirement is more restrictive. In addition to the above limitations, there shall be no discernible noise, odor, electrical interference or other environmental impact or disturbance beyond the boundaries of the property on which the use is located. Further, the use shall be conducted in such manner that no more than one nonresident client, patient, student or visitor shall be permitted on the premises at the same time.
(d)
Servants' building.
[1]
Servants' building for private and noncommercial purposes subordinate and incidental to the single-family dwelling and consisting of a detached building to be used exclusively for living or sleeping accommodations of bona fide domestic servants, caretakers and chauffeurs regularly employed in the single-family dwelling or on the premises by the occupant of such single-family dwelling, provided that such work or employment constitutes their principal occupation at all times during such period of occupancy, and provided further that such servants' building shall be required to be on a lot which, for each such servants' building:
[a]
Has an area of at least two acres, provided that the building area of such servants' building shall not exceed 6% of the lot area.
[b]
Has a front line frontage on a street of at least 150 feet, except that where said frontage coincides with the circumstance of a turnaround at the extremity of a dead-end street, such front lot line frontage shall be at least 50 feet, and provided that:
[i]
It be set back at least 60 feet from every street line and 40 feet from every boundary line of the lot.
[ii]
It be set back at least 80 feet from the single-family dwelling principal building and from any accessory building.
[iii]
It be a building not exceeding 35 feet in height.
[2]
It and any application therefor shall comply with all of the requirements of Chapter 23 of the Code of the Village of Laurel Hollow and all other requirements of this chapter pertaining to a single-family dwelling, provided that a permit for any such servants' building shall be accompanied by two sets of drawings drawn to scale, including floor plans, elevations, structural details, plot diagrams and specifications, prepared by a registered architect or registered professional engineer, duly licensed in and by the State of New York, showing a complete plan of conversion of such servants' building to a single-family dwelling which complies in all respects with all provisions of this chapter pertaining to such a single-family dwelling for use in the event that such servants' building shall cease to be used exclusively for living or sleeping accommodations of bona fide domestic servants, caretakers and chauffeurs regularly employed in the single-family dwelling or on the premises by the occupant of such single-family dwelling, whose work or employment constitutes their principal occupation at all times during such period of occupancy. The Building Inspector shall approve the application only if such plans and specifications comply with all of the requirements of this chapter as aforesaid and, on completion of the servants' building in conformance with the plans and specifications therefor, the Building Inspector shall issue a certificate of occupancy which shall be clearly marked as limited to the foregoing servants' building use and void on the cessation of such use. A copy of such limited certificate of occupancy shall be required at all times to be kept posted in a place clearly visible within such building to place any prospective purchaser on notice of the need for conversion of such building to a single-family dwelling complying with all of the provisions of this chapter prior to the use thereof for any such purpose.
[3]
Guesthouses or buildings designed and equipped to be used for habitable purposes by other than such servants, caretakers or chauffeurs are not servants' or accessory buildings within the meaning of this chapter and are, therefore, not permitted unless they comply with all of the requirements in this chapter pertaining to a single-family dwelling located on a lot eligible in all respects as a principal building lot. If and so long as the building shall be used by and for bona fide domestic servants, caretakers and chauffeurs, the same may be used by not in excess of one family (as defined in "single-family dwelling" in § 145-2B of this chapter), one or more adult persons of whom are regularly employed in the single-family dwelling or by the occupant of such single-family dwelling on the premises or by not in excess of four unmarried adult persons of the same sex, all of whom are so regularly employed, an "adult person" being defined as a person over the age of 21 years.
(4)
Places of worship, provided that the buildings and premises shall be used for religious purposes only, including customary accessory uses, and subject to the issuance of a special permit by the Board of Trustees.
(5)
Private docks, piers and other waterfront structures pursuant to § 145-20.1.
(6)
Primary or secondary schools as needed to serve the immediate or anticipated future needs of the residents of the Village of Laurel Hollow and neighboring areas, provided that such schools are located on sites which are safely and conveniently accessible to the population which they are intended to serve and which contain at least the site area which would be required by New York State for comparable public school facilities. Such schools shall also be subject to the issuance of a special permit by the Board of Trustees.
§ 145-6 Residence/Institutional (R/I) District.
[Added 3-11-1996 by L.L. No. 2-1996[1] ]
A.
Purposes and goals. The purpose of establishing the Residence/Institutional (R/I) District is to legislatively recognize and regulate a large, existing scientific research laboratory use in the Village of Laurel Hollow, presently conducted by the Cold Spring Harbor Laboratory, an entity licensed by the New York State Board of Regents. The basic goal of this district, and its mapping to apply to the property currently occupied by the laboratory, is to place appropriate zoning limitations, consistent with the character and carrying capacity of the Village of Laurel Hollow, upon the future use and development of this major nonresidential facility. This includes setting reasonable limits on growth designed to protect the residential character, health, safety, general welfare and property values in the village's Residence District by minimizing adverse external impacts of the scientific research laboratory use, including traffic generation, noise, odors, municipal servicing requirements, views, scale and character of development, land disturbance, removal of vegetation, stormwater runoff and similar issues.
B.
Standards. Subject to the exceptions specified in this section, no scientific research laboratory use, building, accessory use or accessory building or structure shall hereafter be established, erected, altered or enlarged in the Residence/Institutional District, except in conformance with the following standards and restrictions:
(1)
Minimum lot area: 75 acres.
(2)
Minimum street frontage: 1,000 feet along a state highway. Access to all uses within the R/I District shall be from such state highway and shall not require any traffic to pass through land in the Residence District.
(3)
Maximum building or structure height: 35 feet, except that buildings or structures set back more than 300 feet from land in a Residence District may be increased in height by one foot for each additional 10 feet of setback, to a maximum height of 45 feet.
[Amended 10-19-1998 by L.L. No. 2-1998]
(4)
Maximum building area: 6% of lot area.
(5)
Maximum surface coverage: 20% of lot area.
(6)
Maximum floor area ratio: twelve-hundredths (0.12).
(7)
(Reserved)
(8)
Minimum building and structure setbacks and buffer areas.
[Amended 10-19-1998 by L.L. No. 2-1998]
(a)
The minimum building and structure setbacks and minimum buffer areas shall be as set forth in the following table, except that any single-family dwelling accessory to a scientific research laboratory use need be set back only 100 feet from any perimeter lot line.
Measured From | Minimum Setback (feet) | Minimum Width of Buffer Area (feet) |
|---|---|---|
Front lot line adjoining a state highway | 150 | 100 |
Other street lines | 30* | 30 |
Waterfront (mean high tide) | 150 | 100 |
Lot line adjacent to a village road (other than Bungtown Road) or a Residence District | 200 | 150 |
NOTES: *But setback need not exceed the average setback of existing buildings within 300 feet on the same side of the street. |
(b)
Required buffer areas adjoining any Residence District shall not be used for any purpose other than natural open space, landscaped screening (designed, installed and maintained to minimize potential off-site noise and visual impact) and pedestrian and equestrian uses, except for the continuation of existing buildings, structures and uses, including any alteration of such buildings or structures or change of use thereof as may be approved by the Village Board of Trustees pursuant to this section. In other required buffer areas, pedestrian, equestrian and vehicular access shall also be permitted, as well as outdoor recreational uses and the continuation of existing off-street parking facilities, provided that such uses and facilities are appropriately landscaped and screened. Notwithstanding the foregoing limitations, where a single-family dwelling is located within a required buffer area, the buffer area adjacent to that dwelling may be used for the same purposes as permitted in the case of a single-family residence in the R District.
C.
Permitted uses. No building, structure or premises in the Residence/Institutional District shall be used or maintained for any purpose except the purposes enumerated below and for no other, and no building or structure shall hereafter be erected, enlarged or altered if, as so erected or as a result of such enlargement or alteration, such building or structure or any part thereof is arranged, designed or intended to be used for any purpose except the purposes enumerated below.
[Amended 10-19-1998 by L.L. No. 2-1998]
(1)
Scientific research laboratory, including customary accessory uses which are clearly incidental and subordinate to the principal use and which are limited exclusively to scientific research laboratory personnel and the members of their immediate families, as well as visitors and guests, provided that such scientific research laboratory qualifies as an organization exempt from income taxes imposed by, and contributions to which are deductible from income under the applicable provisions of, the Internal Revenue Code § 501(c)(3). All such scientific research laboratory uses within the Village of Laurel Hollow, including accessory uses, must be located within the boundaries of the R/I District. The construction or enlargement of any building or structure used as a part of a scientific research laboratory use shall be subject to the issuance of a special use permit and approval of a detailed site plan by the Village Board of Trustees. The Board of Trustees may, by resolution, approve a Master Plan submitted by the owner. As a part of each such application for approval of construction or enlargement of any building or structure filed after the effective date of this section, a Master Plan shall be prepared and submitted indicating the present and projected use and development of all land, buildings and structures within the R/I District. Any subsequent construction or enlargement of any building or structure, and the proposed change of use of any building or structure within 300 feet of a Residence District, shall be subject to approval by the Village Board of Trustees, including approval of a revised Master Plan if the proposed action is not in accordance with the existing plan, and a detailed site plan for the specific changes and improvements proposed.
(2)
All uses as permitted in the Residence District, subject to site plan approval by the Village Board of Trustees, as set forth above.
(3)
In the case of a lot containing a scientific research laboratory use on which there is, on the effective date of this section, one or more buildings which conformed to the zoning requirements in effect immediately prior to that date but which do not conform to the requirements of this section, such building(s) may be continued as such buildings have been prior to that date.
[1]
Editor's Note: This local law also repealed former § 145-6, Residence District permitted uses, as amended.