Mill Neck City Zoning Code
ARTICLE V
General Use Provisions
§ 129-31 Permitted uses.
§ 129-32 Offensive uses.
Nothing in this chapter shall be construed to permit any use or occupancy which is or may reasonably be expected to be obnoxious or offensive by reason of causing or emitting dust, garbage, gas, noise, vibrations, odor, radiation, refuse matter, smoke or waterborne waste or that is dangerous or harmful to the health, safety, peace or comfort of the community, that tends to disturb or annoy residents of the Village or that involves any explosion, menace or fire hazard.
§ 129-33 Protection of natural assets.
[Amended 12-1-1964; 10-6-1992 by L.L. No. 8-1992]
In order to promote the health, safety and general welfare and to conserve, enhance and protect natural assets of the community, to maintain groundwater and to prevent floods as well as encroachments on watercourses, drainageways, lakes, ponds, shorefront and tidelands, the following uses shall be prohibited in all districts, except as otherwise specifically provided herein:
A.
The disturbance of steep slope land, except those activities permitted by right as set forth in Subsection D below, the clearing of wooded areas, the excavation or grading of land or the removal of natural ground cover, soil or mineral deposit from areas other than those listed under § 129-33B, or the plowing of newly cleared or uncultivated land shall be prohibited, unless a zoning permit is issued therefor in accordance with § 129-104B, except that normal home gardening and horticulture, and normal farming activities carried on in conformity with the provisions of this chapter shall not require such permit.
[Amended 4-6-2010 by L.L. No. 1-2010]
B.
Changing the existing water level or shoreline, dredging, excavating, removing of soil or mineral deposit from or filling of Mill Neck Creek, shorefront, tideland, lakes, ponds, marshes or other watercourses and the construction of a dam, dock, pier, levee, breakwater, jetty or other facility for drainage, recreation, shorefront protection or water conservation shall be prohibited, unless specifically approved pursuant to the procedure prescribed in § 129-104B.
C.
In order to minimize the hazards of hurricane storm damage, the erection of a dwelling or other building or any portion thereof shall be prohibited below an elevation of 12 feet above mean sea level, Nassau County datum as shown on the Topographic Map, dated October 1957, and prepared for the Nassau County Department of Public Works, except a private bathhouse accessory to a dwelling or a nondwelling accessory to a nonprofit club, park or reservation and which bathhouse or nondwelling shall be subject to approval pursuant to § 129-104B.
D.
A zoning permit shall not be required with regard to the following activities on steep slope lands:
[Added 4-6-2010 by L.L. No. 1-2010]
(1)
Normal ground maintenance, including mowing, trimming and pruning of vegetation, planting and replanting, and removal of dead or diseased vegetation, provided that such activity does not involve or cause the necessity of any regrading or other disturbance of the land, and further provided that any such activity conforms with all other applicable ordinances, laws and regulations, including obtaining a tree permit, if required.
(2)
Disturbance required under temporary emergency conditions, as determined by the Building Inspector, where such disturbance is necessary to protect persons or property from present or imminent danger.
(3)
The customary, ongoing maintenance and repair of existing buildings, driveways, walkways, walls, utilities or other similar structures, deemed as such by the Building Inspector or Village Engineer, as applicable.
§ 129-34 Prohibited uses.
In addition to the uses prohibited hereinabove and in the regulations for each district, in all districts the following uses shall be prohibited:
A.
Abattoirs; agricultural or horticultural processing industries; manufacturing or fabrication of products; advertising signs.
B.
Commercial dairying, poultry raising, livestock raising, kennels and stables.
C.
Commercial cutting of trees and sawing of timber for commercial purposes; the excavation or dredging of gravel, soil, sand and other mineral deposit and the stripping of sod or topsoil for commercial purposes.
D.
A commercial greenhouse; raising of mushrooms or other business.
E.
Commercial recreation, including polo fields, riding clubs, golf courses, beaches and similar activities conducted as a business or available to the public for a fee.
F.
Farms for the disposal of garbage or offal; places for the disposal of sewage or rubbish; hog ranches; pig and livestock feeding farms; small animal and fur farms.
G.
A laboratory or experimental station, except as an incidental use on the same premises as a college, to which such use is accessory.
H.
The renting, leasing or subletting, and the advertisement thereof by any means, of a principal dwelling, or any part thereof, or of any accessory structure, for a term of less than 30 consecutive days is prohibited. A duly issued permit pursuant to Chapter 37 herein is exempt from this prohibition. The renting, leasing or subletting of a principal dwelling for a term of 30 consecutive days or more in a 365-day period is permitted. No more than two such rentings, lessings or sublettings may occur in any 365-day period. There shall be no multiple occupancies or renting of individual rooms at any time. The homeowner must notify the Village Clerk and Village Police Department of the name and contact telephone number of the individual(s) occupying the premises upon renting, leasing or subletting authorized under this section.
[Added 12-12-2023 by L.L. No. 10-2023]
§ 129-35 Habitable trailers and trucks.
No automobile trailer or vehicle designed to be used for human habitation shall be used, stored or parked in any district, except that an unoccupied trailer or vehicle may be stored or parked inside a private garage or screening enclosure. No truck, tractor or trailer shall be stored or parked in any district if used for commercial purposes in any district, except as may be permitted as an accessory or temporary use pursuant to Articles IX and X.
§ 129-36 Uses not permitted by chapter.
Any use not specifically permitted by this chapter shall be prohibited.
§ 129-37 Existing water level.
For the purpose of these regulations, the existing water level of lakes and ponds shall be the spillway elevation above mean sea level and as shown on the Topographic Map, dated October 1957, prepared for the Nassau County Department of Public Works, including, among others, the following spillway elevations: Beaver Lake, 6.5 feet; Kentuck Pond, 20.8 feet; Lower Francis Pond, 28 feet; Upper Francis Pond, 41.6 feet.
§ 129-38 Number of principal uses and buildings on lots.
[Amended 3-7-1989 by L.L. No. 1-1989]
Each building or structure hereafter erected or altered shall be located on a lot as defined in § 129-6. In no case shall there be more than one principal use or one main building and its accessory building or buildings on one lot, except as may be otherwise approved for a project pursuant to §§ 129-90 through 129-95. Where permitted, there shall be no more than one accessory dwelling on one lot.
§ 129-39 (Reserved) [1]
[1]
Editor's Note: Former § 129-39, Frontage, was repealed 10-6-1992 by L.L. No. 8-1992.
§ 129-40 Customary and utility exceptions.
Nothing herein contained shall be construed to prohibit lawful domestic uses customarily incidental to a dwelling, which uses are not otherwise proscribed, or to prohibit a lawful easement or the lawful extension of service lines of public utilities and municipal facilities from such easement, powerline right-of-way or abutting street into the property to be served by such utilities or facilities. With respect to other use exceptions, conditional uses and general requirements, the provisions are set forth in Articles VI through XII and in the following sections of this Article V.
§ 129-41 Lot size.
A.
For the purpose of this chapter, a "lot in single ownership" is defined as follows: a lot or parcel of land, the ownership of which, by a deed of conveyance or by a will, intestacy or operation of law, is vested in a person or persons or a corporation that owns no contiguous parcel of land, provided that such a deed, will, intestacy or operation of law, by which such ownership was separate, has been, as the case may be, recorded or probated or filed by court order prior to the adoption of this chapter or amendment thereof which imposes new or enlarged area, width or other nonuse requirements upon such lots. Where such lot or parcel is smaller in area or width than is prescribed by this chapter for the district in which it lies and is owned by a person who owns or has under contract to purchase at the time of the passage of this chapter other lots or parcels contiguous thereto, such other lots or parcels or so much thereof as may be necessary shall be combined with the original lot or parcel to make a single conforming lot or parcel, whereupon a zoning permit may be issued but only for such combined lots or parcels.
B.
No lot or parcel of land in single ownership and of record on the effective date of this chapter or amendment thereof shall be reduced in any manner below the minimum lot size required by this chapter. The lot area per dwelling unit, use or building required by this chapter shall be considered the minimum for each and every building, use or dwelling existing at the effective date of this chapter and for any building, use or dwelling hereafter erected, altered or maintained.
§ 129-42 Area of waterfront property.
A.
In the case of a waterfront lot in any district, the upland and that portion, if any, situated below the shoreline and specified hereinbelow shall be included in determining the area of such lot.
B.
The entire area and total dimensions of a waterfront lot in single ownership and of record on the effective date of this chapter shall be included in calculating the area and size of such lot.
C.
In any district, the upland portion of each waterfront lot hereafter created by the subdivision of waterfront property shall conform to the minimum lot area and dimensions prescribed by this chapter for the district in which such lot is located.
§ 129-43 Area of existing lots.
In case a lot of record, unimproved and in bona fide single ownership on the effective date of this chapter and on the date of application for a zoning permit, has an area or width less than that prescribed by these regulations for the district within which it is located and it does not adjoin another unimproved lot owned or controlled by the owner of the lot in question, a building may be erected thereon, subject to approval of the Board of Appeals, in accordance with the use regulations of the district within which such lot is located, provided that the building shall comply with all other provisions of these regulations.
§ 129-44 Yard and court areas.
A.
No yard or court shall be diminished and maintained smaller than prescribed by this chapter.
B.
Every part of a required yard or court shall be open and substantially unobstructed to the sky, except as may be otherwise specified by this chapter.
C.
No land required for yards, courts or lot area per dwelling unit for an existing building or which hereafter is provided for any use, building or dwelling unit, in order to comply with the provisions of this chapter, shall be considered as a yard, court or lot area per dwelling unit for any other building; nor shall any yard, court or lot area per dwelling unit on an adjoining lot be considered as providing such yard, open space or lot area per dwelling unit on a lot upon which a building is to be erected.
§ 129-45 Building on waterfront property.
No building shall hereafter be erected or altered on waterfront property in any district unless such building is set back at least 50 feet from the shoreline, provided that if the shoreline of such property is less than 200 feet in length, such building shall be set back an additional distance equal to the number of feet by which said shoreline falls short of being 200 feet in length; provided, however, that no building shall be required by this section to be set back more than 200 feet from the shoreline.
§ 129-46 Courts.
B.
An outer court shall be not less than 30 feet wide nor, at any given height, less than 3.33 feet wide for each one foot of such height above the sill of the lowest window opening upon such court, and the depth of such court shall be not greater than 50% of its width.
C.
No inner court shall be entirely enclosed by building walls on more than three sides. The area of an inner court shall be not less than 1,800 square feet; the depth of such court shall be not less than 30 feet, provided that the depth and width of such court, at any given height, shall each be not less than 3.33 feet for each one foot of such height above the sill of the lowest window opening upon such court. The depth of such court shall not exceed twice the width, except that, when the depth and width are each 100 feet or more, this provision shall not apply.
§ 129-47 Projections.
A.
The following projections into yards or courts may be permitted, provided that the maximum projection specified hereinbelow shall not be exceeded:
B.
Except as otherwise specifically provided by these regulations, no building or structure or part thereof shall extend or project into a yard or court required by this chapter. However, nothing herein shall be construed to prevent the construction and maintenance of access driveways, garden walks, open terraces or patios or similar lawful accessory or appurtenant facilities or of accessory subterranean facilities, such as a private sanitary system and an air-raid or fallout shelter, in a yard or court. (See Chapter 51, Fences.)
§ 129-48 Floor area.
[Amended 3-7-1989 by L.L. No. 1-1989; 11-6-2007 by L.L. No. 2-2007]
The following floor area regulations shall apply to any building hereafter erected or altered. For the purpose of these regulations, "floor area" is the sum of the gross areas of the several floors of a building, measured from the exterior faces of exterior walls of a building, including, without limitation, floor space in habitable rooms, interior balconies and enclosed porches but excluding attics, cellars, garages, carports and breezeways. Within the Residence R1 Districts, the portion of an attached garage in excess of 500 feet shall count as floor area. Within both the Residence R2 and Estate E1 Districts, the portion of an attached garage in excess of 700 feet shall count as floor area.
A.
In a main building the floor area shall be at least:
(1)
On the ground floor of a one-story dwelling, 1,000 square feet in the Residence R1 Districts and 2,000 square feet in both the Residence R2 and Estate E1 Districts.
(2)
On the ground floor of any one-and-one-half-story dwelling plus the half-story above it, 1,200 square feet in the Residence R1 Districts and 2,500 square feet in both the Residence R2 and Estate E1 Districts, provided that the floor area of the half-story shall not exceed 50% of the total floor area.
(3)
On the ground floor plus the floor or floors above it of any two-story-or-higher dwelling, 1,400 square feet in the Residence R1 Districts and 2,800 square feet in both the Residence R2 and Estate E1 Districts.
B.
In an accessory dwelling, the floor area shall be as set forth below:
(1)
On the ground floor of a one-story accessory dwelling, a minimum floor area of 700 square feet.
(2)
On the ground floor, plus the floor above it, of any accessory dwelling higher than one story, a minimum floor area of 900 square feet.
(3)
In no event shall the aggregate area exceed 2,400 square feet, except that for each additional full acre of land beyond the minimum area requirement for the Residence R2 and Estate E1 Districts, the maximum permitted floor area as set forth herein shall be increased by 250 square feet, provided that such additional floor area does not result in an accessory dwelling larger in floor area than 35% of the main building to which it is accessory.
C.
The maximum floor area of a main building shall be as set forth below:
(1)
The floor area of a main building shall not exceed 4,000 square feet in the Residence R1 Districts.
(2)
The floor area of a main building shall not exceed 7,500 square feet in the Residence R2 Districts, except that for each additional full acre of land beyond the minimum area requirement for the Residence R2 Districts, the maximum permitted floor area as set forth herein shall be increased by 500 square feet up to a maximum of 10,000 square feet.
(3)
The floor area of a main building shall not exceed 12,000 square feet in the Estate E1 Districts, except that for each additional full acre of land beyond the minimum area requirement for the Estate E1 Districts, the maximum permitted floor area as set forth herein shall be increased by 500 square feet up to a maximum of 14,000 square feet.
§ 129-49 Building heights.
In order to ensure adequate light, air and open space to buildings hereafter erected or altered, the following height provisions shall apply in all districts: For a main building other than a dwelling and a building accessory to such main building, the height in feet at the building line shall not exceed 30% of the minimum yard prescribed by these regulations, but for each 3.33 feet that such main or accessory building or portion thereof sets back from the building line, one foot may be added to the height limit of such building or portion thereof, provided that no building shall exceed the maximum height prescribed for the district in which such building is located.
§ 129-50 Building height exceptions.
The height of a building or structure, as prescribed by these regulations shall include all roof structures, open and enclosed, but the height limit may be exceeded in the following instances:
A.
A church spire, cupola, clock tower, pinnacle or similar structure serving as an architectural embellishment may exceed the height prescribed for the district in which it is located.
B.
A chimney may be erected to a greater height in feet.
C.
A flagpole and an accessory noncommercial radio, television or other antenna may be erected to a height in feet in excess of the height prescribed by these regulations.
§ 129-51 Measuring building heights.
Whenever a building or structure or portion thereof is constructed on sloping ground or at different levels, the height of the building and of each such portion shall be measured from the natural grade at the center of the facade of the building and of each unit of building.