Lynbrook City Zoning Code
ARTICLE III
Regulations for Dwelling A and Dwelling B Districts
§ 252-11 Permitted uses.
A.
In these districts, no buildings or premises shall be used, and no building shall be erected or altered, which is arranged, intended or designed to be used for other than any of the following specified trades, industries or uses:
(1)
Churches or other places of worship, with or without living quarters for persons engaged in carrying on the church activities or of the school affiliated therewith; parish houses or Sunday school buildings; public and parochial schools, provided that any such school is licensed by or under the jurisdiction of the Education Department of the State of New York; public libraries or telephone exchanges without storage of trucks, incidental material or construction equipment placed upon the open ground of the premises except in the course of construction work.
(2)
Farming, truck gardening, nurseries or greenhouses, provided that there is no display for commercial purposes or advertisement on the premises.
(3)
Home gardening for personal use.
(4)
Municipal playgrounds or parks.
(5)
Railroad passenger stations, but not including freight yards.
(6)
Single-family detached houses.
[Amended 6-18-1968 by Ord. No. 68-14]
(7)
Usual accessory uses which are necessary to the above uses when located in the same building or upon the same lot.
(8)
A home office is permitted as an accessory use to a dwelling where such use will:
[Amended 2-4-2002 by L.L. No. 1-2002]
§ 252-12 Prohibited uses.
[Amended 6-13-1968 by Ord. No. 68-19; 4-24-2023 by L.L. No. 2-2023; 5-20-2024 by L.L. No. 2-2024; 10-20-2025 by L.L. No. 4-2025]
A.
In these districts no building or premises shall be used, and no building shall be erected or altered, which is arranged, intended or designed to be used for any of the following specified trades, industries or uses:
(1)
Cemeteries or crematories.
(2)
Clinics or dispensaries.
(3)
Clubs, except as such are ordinarily a part of church work.
(4)
Convalescent homes.
(5)
Hotels.
(6)
Kindergarten, nursery or private schools.
(7)
Mortuaries, undertaking or embalming parlors or similar plants, or offices for such establishments or businesses.
(8)
Philanthropic or charitable institutions.
(9)
Public or private hospitals or other places or buildings where persons suffering from mental or other diseases of any kind whatsoever are kept or treated, except that this shall not prohibit a doctor in his own office, when conducted within a dwelling, from making diagnosis or treating of patients.
(10)
Homes for animals or in which animals are boarded or hospitals or places where animals are boarded, treated, cared for or sold.
(11)
There is prohibited in Dwelling A and Dwelling B Districts all uses prohibited in the following districts: Dwelling C District, Commercial District, Light Manufacturing or Industrial Districts.
(12)
Boardinghouses, rooming houses or lodging houses.
(13)
Transient dwelling units.
(14)
Party venue.
(15)
Exterior basement and cellar entrances.
(16)
Exterior stairways connecting ground level to any floor other than the main floor. The main floor of a structure shall be determined exclusively by the Superintendent of Buildings.
§ 252-13 Signs and billboards.
No billboards, signboards or advertising signs shall be allowed upon the building or premises in either of these districts, except that a small sign showing the premises to be for rent or sale may be used, provided that such sign is not nearer the street line than the building setback or front yard line and does not exceed four square feet in size.
§ 252-14 Required frontage and living area; restrictions on use of other structures for residences.
[Amended 6-18-1968 by Ord. No. 68-15; 7-8-1985 by L.L. No. 6-1985; 1-4-1988 by L.L. No. 2-1988]
A.
Except as hereinafter provided, no dwelling or other building shall be constructed on a lot that has less than:
[Amended 2-5-1990 by L.L. No. 2-1990; 10-21-1996 by L.L. No. 9-1996; 1-6-1997 by L.L. No. 1-1997]
B.
Each such dwelling must have a separate lot area of at least 5,500 square feet and not less than 1,000 square feet of living space above the foundation.
[Amended 2-5-1990 by L.L. No. 2-1990]
C.
No other building for residence purposes shall be erected on a lot occupied by any one- or two-family house.
D.
No dwelling and/or accessory structure shall hereafter be altered or erected which occupies more than 35% of the lot area.
§ 252-15 Required frontage, lot area and living space for new subdivisions.
A.
Frontage; lot area.
[Amended 1-4-1988 by L.L. No. 2-1988; 10-21-1996 by L.L. No. 9-1996; 1-6-1997 by L.L. No. 1-1997]
(1)
No dwelling or other building shall be constructed on any lot of a subdivision or tract of land (as distinguished from a lot) where such lot has:
(2)
Each such dwelling or building must have a separate lot area of at least 5,500 square feet and not less than 1,000 square feet of living space above the foundation.
[Amended 2-5-1990 by L.L. No. 2-1990; 1-6-1997 by L.L. No. 1-1997]
B.
By "tract" it is meant any division of any parcel of land into five or more lots or sites for immediate or future sale or for building development in such a way as to create one or more new streets or extensions of existing streets or changes in existing streets or lot lines. This provision shall not apply to any subdivision or tract of land which has heretofore been designated as a subdivision of land for which a map or tentative plan has been approved or tentatively approved by the Planning Board of the Village prior to the sixth day of May 1946, or by any other municipal body requiring approval, registration or filing of the map.[1]
[1]
Editor's Note: Former Subsection C, defining "subdivision," which immediately followed this subsection, was repealed 3-24-2003 by L.L. No. 2-2003.
§ 252-16 Height restrictions; height and dimensions of garages.
[Amended 7-8-1985 by L.L. No. 6-1985; 1-4-1988 by L.L. No. 2-1988; 8-12-1991 by L.L. No. 5-1991; 10-16-1995 by L.L. No. 13-1995; 12-19-2011 by L.L. No. 17-2011]
A.
No building shall be raised, altered or erected in a Dwelling A or Dwelling B District which exceeds 2 1/2 stories or 35 feet in height above curb level.
B.
Garages and accessory structures.
(1)
No structure or accessory structure or accessory building in a Dwelling A or Dwelling B District shall be more than 12 feet in height.
(2)
Notwithstanding the provisions in Subsection B(1) above:
(a)
A one-car garage, with a gabled roof, in a Dwelling A or B District shall not exceed 12 feet in height nor shall it exceed 350 square feet of gross floor area.
(b)
A two-car garage with a gabled rook, with Architectural Review Board approval, may be up to 14 feet in height and 450 square feet of gross floor area.
(c)
A three-car garage with a gabled roof, with Architectural Review Board approval, may be up to 14 feet in height and 600 square feet of gross floor area.
(d)
The Architectural Review Board shall consider the size of the lot, the proximity of the garage to surrounding lots, the aesthetic, harmonious, and economic impact of the proposed garage on the neighborhood, and the health, safety and welfare of the surrounding neighborhood when determining the permissible height of two- or three-car garage.
(3)
All accessory structures including garages shall be constructed on grade with no footings or other part thereof below grade.
§ 252-17 Required setbacks.
[Amended 7-8-1985 by L.L. No. 6-1985]
No building or part there of shall be erected or altered in these districts that is nearer the street line upon which it fronts than the average setback of the buildings on the same side of the street within the same block, but no street wall of a building need be set back more than 30 feet in a Dwelling A District and 20 feet in a Dwelling B District. When all lots on any side of a block are vacant, no street wall of a building in a Dwelling A District shall be set nearer than 25 feet to the street line and in a Dwelling B District shall not be set nearer than 20 feet to the street line. Porches in these districts shall not be nearer the street line than 15 feet in a Dwelling A District and 10 feet in a Dwelling B District. On corner lots the setback distance from the street line, other than the street upon which the building or any projection fronts, shall be not less than 15 feet.
§ 252-18 Side yards.
[Amended 7-8-1985 by L.L. No. 6-1985]
No side yard shall be less than five feet at any story height. The sum of the minimum widths of both side yards shall not be less than 15 feet.
§ 252-19 Rear yards.
[Amended 7-8-1985 by L.L. No. 6-1985]
A rear yard is required on each lot. The depth of a rear yard shall be the mean distance of 20 feet.
§ 252-20 Use of trailers or house cars.
[Added 11-1-1976 by L.L. No. 16-1976]
Any provision of this chapter to the contrary notwithstanding the temporary use or occupancy of a private trailer or house car shall be permitted under the following circumstances:
A.
The private trailer or house car shall be for the temporary use and occupancy of an individual or group of individuals whose single-family residential dwelling has been so damaged by fire or by some act of God as to render said dwelling uninhabitable.
B.
The private trailer or house car must be placed on the same plot as the single-family residential dwelling which is being rebuilt or on a contiguous parcel.
C.
To obtain a permit for the above mentioned use, a verified application on a form furnished by the Building Department shall be sworn to and filed by the applicant with the Building Department, along with an application fee in such amount as established by resolution of the Village Board. Said application shall contain assurances that the following requisites shall be satisfactorily complied with:
[Amended 7-25-2005 by L.L. No. 6-2005]
(1)
Sanitary drainage systems shall be connected to a sewer or cesspool in a manner approved by the Building Department.
(2)
No wastewater shall be discharged on the ground.
(3)
The electrical system of the trailer or house car shall be connected to the available utility lines, and the installation thereof shall be approved by the New York Board of Fire Underwriters.
(4)
The water connections shall be made in a manner approved by the Building Department.
D.
Notwithstanding the provisions of this chapter with respect to minimums or requirements, in granting the permit, the Superintendent of the Building Department shall consider the rights of adjacent property owners so that there shall not be any unreasonable deprivation of light or of a reasonable use of adjoining property.
E.
The Superintendent of the Building Department is here by authorized, in the exercise of reasonable discretion, to revoke any permit issued hereunder if, after due investigation, he finds that the holder thereof has violated any provision of this section or if the trailer or house car is being used in an unsafe manner. Written notice of said revocation shall be given by personal service or by certified registered mail, return receipt requested.
F.
The length of time a private trailer or house car shall be permitted to remain shall be six months, with one three-month extension. A further extension shall not be permitted, and the private trailer or house car shall be removed at the end of the permitted period of time. If the private trailer or house car is not so removed, there shall be a per-diem civil penalty in such amount as set by resolution of the Village Board for each day that it remains beyond the permitted period of time. If the private trailer or house car remains for more than 10 days beyond the permitted period of time, the Superintendent of the Building Department or his representative shall, after notifying the owner of said private trailer or house car by registered or certified mail, return receipt requested, cause the private trailer or house car to be removed. The expense of removal and any resulting storage shall be paid by the owner of the private trailer or house car, and, if said cost is not paid within 10 days, the Superintendent of the Building Department may advertise for the public sale of the private trailer or house car in the official newspaper of the Village of Lynbrook and sell the private trailer or house car to the highest bidder at public sale. Any monies realized from the sale shall be applied to any outstanding civil penalties and shall be used to reimburse the Village of Lynbrook for any expense incurred in moving and storing the private trailer or house car. Any excess monies shall be remitted to the owner of the private trailer or house car.
[Amended 7-25-2005 by L.L. No. 6-2005]