Lloyd Harbor City Zoning Code
ARTICLE V
Residence A-1 and A-2 District Uses
§ 205-9 Permitted uses.
[Amended 4-19-1971; 4-9-1980 by L.L. No. 1-1980; 12-21-1992 by L.L. No. 2-1992; 10-21-2002 by L.L. No. 3-2002; 1-19-2010 by L.L. No. 1-20106-21-2010 by L.L. No. 3-2010; 2-25-2020 by L.L. No. 2-2020]
Except as provided in Article IX of this chapter, no building, structure or premises in the Residence A-1 and A-2 Districts shall be used or maintained for any commercial use or for any purpose other than the purposes authorized in Articles V and V(B). No building or structure shall thereafter 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 except the purposes set forth below. Such uses shall not include any uses customarily carried on as a business or any advertising sign, except as hereinafter permitted in Article IX of this chapter. This provision shall not be deemed to permit any driveway or walk giving access to premises used for business purposes or used for purposes not permitted in Residence A-1 and A-2 Districts. Permitted uses are as follows:
A.
A single-family detached principal dwelling.
B.
Private and noncommercial uses or buildings customarily incidental or accessory to the uses herein specifically permitted in said district and located on the same lot, as follows:
(1)
Farming which is confined to the raising or production of crops.
(2)
The keeping of bees, and birds kept within the residential building occupied by the owner or occupant of the premises.
(3)
The keeping of dogs, cats or other small animals ordinarily kept as pets which sleep and eat within the residential building occupied by the owner or occupant of the premises.
(4)
The private stabling of horses and the breeding of dogs or cats, subject to the following additional standards and conditions:
(b)
All grain, feed or other food stock for the animals, if not kept within a building, shall be kept in rodent-proof containers located at least 100 feet from any boundary line of the property.
(c)
All manure shall be stored or treated in a manner so as not to attract or harbor vermin, flies or other pests nor create any obnoxious or offensive odors detectable on adjacent property.
(d)
All stormwater runoff and other surface water or drainage shall be contained on the premises.
(e)
No horse may be kept or maintained on any premises in the Village unless it shall have been previously registered with the Village.
(g)
The combined number of horses and domestic animals as defined in this chapter shall not exceed two animals per acre.
(h)
Notwithstanding the provisions of Article XII of the chapter, if, on any lot in the Village at the time of the enactment of this subsection, there are any horses or dogs or cats for the purpose of breeding which are not kept in the manner prescribed by this subsection, the resident occupant or owner of the premises on which the animals are kept shall, within six months of the date of the enactment of this subsection, bring the keeping of such animals into compliance with this chapter.
(5)
The keeping of domestic animals, as specifically defined and enumerated in this chapter, subject to the owner of the premises first obtaining a special use permit pursuant to the standards and conditions of Article IX and upon the following additional standards and conditions:
(a)
No such use shall be permitted on lots having less than two acres of land in the Residence A-1 District and four acres of land in the Residence A-2 District.
(b)
The animals shall be kept securely penned within an enclosure so as to prevent them from straying off the owner's premises. Newly erected or relocated enclosures shall be subject to the setback requirements of Article IV or any greater setback as may be determined necessary by the Planning Board after it review pursuant to Article IX of this chapter.
(c)
The combined number of domestic animals permitted on each lot shall not exceed one animal for each full acre of lot area. If, on any lot, there shall be kept domestic animals and horses, then, for the purpose of computing the permitted number of animals pursuant to this Subsection B(5)(c), the horses shall be considered domestic animals.
(d)
The permitted number of facilities or structures for the shelter of the animals shall be limited to the minimum number of facilities or structures necessary to accomplish that purpose.
(e)
No domestic animal may be kept or maintained on any premises in the Village unless it shall have been previously registered with the Village.
(f)
All grain, feed or other food stocks for the animals, if not kept within a building, shall be kept in rodent-proof containers located at least 100 feet from every boundary line of the property in the Residence A-1 District and at least 160 feet from every boundary line of the property in the A-2 District.
(g)
All manure shall be stored or treated in such a manner so as not to attract or harbor vermin, flies or other pests nor create any obnoxious or offensive odors detectable on surrounding properties.
(h)
All stormwater runoff and other surface water or drainage shall be contained on the premises.
(i)
Any violation of the above standards or conditions or other conditions which may be imposed by the Board of Trustees as a condition for the issuance of a special use permit may result, in addition to any other penalty provided in this chapter, in revocation of the permit by the Board upon a showing that the holder of the permit has been notified of the violation and has refused or neglected to correct the violation.
(k)
If, on any lot in the Village at the time of the enactment of this subsection, there are kept any number of other domestic animals, except horses, which exceed the number permitted by Subsection B(5)(c), the resident occupant or owner of the premises on which the animals are kept shall, within six months of the date of the enactment of this subsection, reduce the number of other domestic animals on the premises so as to be in compliance with Subsection B(5)(c). If any person is aggrieved by this requirement, said person may apply to the Board of Zoning Appeals for additional time to reduce the number of other domestic animals at the premises, which appeal may be granted only upon a showing, by competent evidence, that to reduce the number of such animals would create an unnecessary hardship or that the subject animals do not constitute a present detriment to the health, safety or general welfare of the surrounding community in terms of visual impacts, noise, odors or other nuisance.
(6)
Nursery and horticulture, including noncommercial greenhouses, provided that no organic fertilizer shall be stored within 100 feet of any boundary line of a lot in the Residence A-1 District and within 160 feet of any boundary line of a lot in the Residence A-2 District unless kept in airtight storage; provided, however, that with respect to the uses above enumerated under this Subsection B(6), there shall be no display of produce, stock or merchandise visible from any street nor any sale thereof unless the articles sold have been grown on the premises; and provided, further, that all buildings or structures shall be set back at least 75 feet from each boundary line of the lot and at least 100 feet from each street line in the Residence A-1 District and at least 120 feet from each boundary line of the lot and at least 160 feet from each street line in the Residence A-2 District.
(7)
The cultivation and harvesting of shellfish in the waters within the boundaries of the Village, but there shall be no selling of shellfish within such boundaries.
(8)
The carrying on of a customary home occupation, such as dressmaking, millinery or similar handicrafts, by a person residing in the dwelling unit in which such home occupation shall be carried on, provided that:
(a)
No change in the exterior appearance of such dwelling unit shall be made as a result of such occupation.
(b)
There shall be no display of goods or advertising visible from any street.
(c)
No more than one assistant, whether paid or not, shall be employed.
(d)
No mechanical or electrical equipment shall be used, except ordinary household equipment.
(e)
The space so used shall not occupy more than 1/4 of the total floor area of the dwelling unit.
(f)
Such home occupation shall not be carried on in any accessory building.
(9)
Real estate activities of an owner or of his duly authorized agent, only in connection with such owner's property within the Village.
(10)
The office or studio of a physician, surgeon, dentist, osteopath, chiropractor, psychologist, architect, painter, sculptor, teacher, musician, lawyer or engineer residing in the dwelling unit in which such office or studio shall be located, provided that:
(a)
There shall be no display or advertising on the premises in connection with such use, except for a professional nameplate not over one square foot in area.
(c)
Such studio or office shall not occupy more than the equivalent of 1/3 of the area of one floor of such dwelling unit.
(d)
Such use shall be merely incidental to the use of such dwelling unit primarily for residential purposes.
(e)
Any such musician's studio shall be equipped and used in such a manner that sounds therefrom shall not be unduly annoying to other persons on nearby premises or public places.
(f)
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.
(g)
No use shall be made of more than one building in connection with such professional use.
(h)
Such professional use shall not be deemed to include the right to engage in wholesale or retail trade as such terms are ordinarily understood.
C.
Pumping, storage, sale and distribution of water, including water towers, subject to such reasonable conditions as may be imposed by the Board of Trustees after written application thereto and issuance of a permit.
D.
Private docks, seawalls, retaining walls and jetties in Coastal Overlay District-1 (COD-1) and Coastal Overlay District-2 (COD-2) after approval by the Site and Building Permit Review Board and the issuance of a building permit from the Building Inspector. No dock, seawall, retaining wall or jetty shall utilize artificial illumination directed seaward.
E.
Playgrounds or parks operated by the State of New York or by the Board of Education of the school district in which the Village is located.
F.
Playgrounds or parks and accessory buildings operated by a person, firm or nonprofit corporation, other than the state or said school district, only when authorized by the Board of Trustees in accordance with Article IX and provided that:
(1)
Such use shall be part of or incidental to a permitted educational institution or that such use shall serve the needs of the inhabitants of the Village.
(2)
Such use shall not be for profit.
(3)
At least 20% in number of the governing board of any such organization shall be comprised of persons residing in and owning at least two acres of real property located in the Village.
G.
Incorporated churches, only when authorized by the Board of Trustees in accordance with the provisions of Article IX of this chapter and provided that the membership of any such church shall be at least partially composed of Village inhabitants and that the buildings and property of such church shall be used only for purposes of worship and other church purposes.
H.
Educational institutions, only when authorized by the Board of Trustees in accordance with the provisions of Article IX of this chapter and provided that the buildings and property of such institution shall be used only for bona fide educational purposes recognized by the Board of Regents of the State of New York.
I.
Incorporated clubs, only when authorized by the Board of Trustees in accordance with the provisions of Article IX of this chapter and provided that:
J.
Personal wireless facilities, only when authorized by the Board of Trustees in accordance with the provision of Article IX of this chapter and provided that:
(1)
Neither the radio frequency environment nor energy associated with the applicant's proposed installation shall violate the safety criteria adopted from time to time by the Federal Communications Commission.
(2)
The facility and location shall be in harmony with the Village's Master Plan and Local Water Revitalization Plan, in compliance with the Village's zoning requirements and in character with the neighborhood in which it is located.
(3)
The subject installation shall cause no interference with television and radio reception or other electronic devices in the Village.
(4)
The applicant shall demonstrate a need for the facility in the Village.
(5)
No less intrusive technology is available.
(6)
A maintenance and demolition bond of sufficient amount is deliverable to the Village to insure the proper maintenance of the structure and its removal when the facility is no longer used or has become obsolete.
(7)
Any approval obtained must be reviewed by the Village at intervals of five years.