Nassau City Zoning Code
ARTICLE VII
Single- and Multifamily Residential District R3,500
§ 120-26 Compliance required.
A.
Except as otherwise provided by this chapter, no building or structure or land shall be used nor shall any building or structure be built or altered in a Single- and Multifamily Residential District R3,500, except for the purposes specified in the following sections. Any use not listed as a permitted use, permitted accessory use, specially permitted use, or use requiring site plan approval shall be deemed to be prohibited.
§ 120-27 Permitted principal uses.
In a Single- and Multifamily Residential District R3,500, permitted principal uses, buildings and other structures shall be as follows:
§ 120-28 Permitted accessory uses.
In a Single- and Multifamily Residential District R3,500, permitted accessory uses, buildings and other structures shall be as follows:
A.
Accessory use of a building as defined herein.
B.
In a one-family dwelling, the keeping of not more than two transient roomers and boarders.
C.
Between the yards of a one-family dwelling:
(1)
Outdoor storage of not more than one of each of the following: a boat, boat trailer, camp trailer or cargo trailer, each of which shall be owned for personal use by a person visiting or residing on the premises.
(2)
Between the yards of a one-family dwelling, two-family dwelling, semidetached dwelling, multifamily dwelling, row or townhouse dwelling or residential hotel: garages or open parking for operative passenger vehicles of persons visiting or residing on the premises.
(3)
Between the yards of a one-family dwelling: a playhouse, tool house or garden house.
§ 120-29 Special permit uses and site plan review approval.
A.
Special permit uses. Uses for which the Planning Board may issue a special permit in accordance with the provisions of Article XI shall be as follows. All uses requiring a special use permit shall also require site plan approval from the Planning Board:
(2)
Boardinghouse and/or rooming house.
(4)
Clinic, dental.
(5)
Clinic, medical.
(6)
Clubhouse.
(7)
Electric substation or gas district governor station.
(8)
Hospital on a site of not less than three acres.
(9)
Nursing or convalescent home.
(10)
Office, professional.
(11)
Playground.
(12)
Private or commercial automobile parking lot on land directly abutting a business district at the side or rear, provided that no part of such lot extends more than 400 feet beyond the boundary line of such business district or extends into a front yard or extends closer to the side line of the lot than 50 feet and, provided that, wherever abutting on other than commercial property, the parking lot is to be densely planted with trees and shrubs for a depth of not less than 25 feet.
(13)
Public use.
(14)
Tourist home.
§ 120-30 Area, yard, coverage and height provisions.
In a Single- and Multifamily Residential District R3,500, area, yard, coverage and height provisions shall be as follows:
A.
General. The area, yard, coverage and height provisions established by this section apply to all permitted uses in R3,500 Districts for which special criteria are not established elsewhere in this chapter.
B.
Area.
(1)
Area per establishment. The minimum area per establishment as defined herein shall be 1/2 acre.
(2)
Area per single-family, two-family or semidetached dwelling. The minimum lot area per two-family or semidetached dwelling as defined herein shall be 1/2 acre.
(3)
Area per dwelling unit for multifamily, row or townhouse dwellings. The minimum lot area per dwelling unit for a multifamily, row or townhouse dwelling of three or more dwelling units shall be 20,000 square feet plus 3,500 square feet per dwelling unit for any dwelling units in excess of two.
D.
Yards on interior lots for dwelling structures.
(1)
Front yards. No part of any dwelling building or structure shall extend nearer to the street line than 25 feet or nearer to the center line of the street than 40 feet, whichever distance requires the greater setback from the street line. However, when a use is also located within one of the historic district overlays, the front setbacks shall maintain the build-to line that currently exists either by emulating the setbacks of structures immediately adjacent or from an average of setbacks along the block.
(2)
Rear yards. There shall be a rear yard of not less than 25 feet.
(3)
Side yards.
(a)
Single-family dwellings. There shall be two side yards with a total width of not less than 30 feet for a single-family dwelling located on an interior lot. The minimum width of any side yard shall not be less than 10 feet.
(b)
Two-family dwellings. There shall be two side yards with a total width of not less than 30 feet for a two-family dwelling located on an interior lot. The minimum width of any side yard shall not be less than 10 feet.
(c)
Semidetached dwellings. There shall be one side yard of not less than 15 feet for each semidetached dwelling located on an interior lot.
(d)
Multifamily dwellings or residential hotels of three or more dwelling units. There shall be two side yards having a total width of not less than 36 feet plus six additional feet for each dwelling unit in excess of three contained in the building for multifamily dwelling buildings or residential hotels located on interior lots. The width of the narrower of the two side yards shall not be less than 1/3 of the total width of the two side yards. However, any side yard in excess of 60 feet accumulated under the above schedule may be applied as additional width for one or more outer courts which, to start with, are not less than 35 feet wide or 35 feet deep.
(e)
Row or townhouse dwellings. There shall be two side yards per group of row or townhouse dwellings, having a total width of not less than 36 feet plus six additional feet for each dwelling in excess of three included in the group or row located on an interior lot. The total width of the two side yards shall be equally distributed between the two side yards.
E.
Yards on corner lots for dwelling structures. In the case of a corner lot, both yards abutting streets shall be considered front yards and shall be determined as provided in Subsection D(1). In addition, there shall be one rear yard with a minimum width of 25 feet and one minimum side yard specified for the class of dwelling building to be located on the corner lot as specified in Subsection D(3).
F.
Yards on interior lots for nondwelling structures.
(1)
Front yards. No part of any nondwelling structure shall extend nearer to the street line than 25 feet or nearer to the center line of the street than 45 feet, whichever distance requires the greater setback from the street line.
(2)
Rear yards. There shall be a rear yard of not less than five feet, except that, in the case of a through lot, the front yard requirement specified in Subsection F(1) shall be observed on both streets.
(3)
Side yards. Unless otherwise specified, each nondwelling structure shall have two side yards with a total width of not less than 30 feet. The width of the narrower of the two side yards shall not be less than five feet.
G.
Yards on corner lots for nondwelling structures. In the case of a corner lot, both yards abutting streets shall be considered front yards and shall be determined as provided in Subsection F(1). In addition, there shall be a rear yard with a minimum width of 25 feet and a side yard with a minimum width of five feet.
§ 120-31 Location of driveways.
A.
No driveway, as measured from its edge, shall intersect a street line less than 50 feet from the intersection of any two street lines.
B.
Driveways shall be no more than 18 feet wide for residential uses and 26 feet for commercial uses.
D.
For corner lots, both sides of the street frontage shall be considered front yards.
E.
Commercial uses on corner lots shall have a maximum of two driveways.
§ 120-32 Cluster or large-scale development.
A.
Major subdivisions or large developments proposed within the R3,500 district are encouraged to and may be designed as a clustered subdivision to maximize the amount of open space preserved and to emulate traditional small-lot, Village neighborhoods. The Planning Board is further authorized to require a clustered subdivision when proposed on a parcel, where the Land Conservation Overlay is present and when, in the Board's opinion, a clustered subdivision would benefit the Village by the further preservation of open lands contained within the LC Overlay District.
B.
The Planning Board may waive the lot size, frontage, lot coverage and other heretofore-established front, side and rear yard requirements to create a clustered development pursuant to State Village Law § 7-738, provided that:
(1)
The net land area per dwelling unit in a development as defined herein is 1/2 acre. A clustered development shall result in a permitted number of building lots or dwelling units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of the zoning law applicable to the R3,500 district.
(2)
The minimum distance between any two buildings or structures shall not be less than 25 feet.
(3)
The Planning Board, as a condition of approval, may establish such conditions on the ownership, use, and maintenance of such preserved open lands shown on the plat as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands.
(4)
The proposed cluster development shall be subject to review at a public hearing.
(5)
The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in this zoning chapter.
(6)
All the subdivision procedures pursuant to the Village of Nassau Subdivision Law shall be followed.
(7)
A stormwater pollution protection plan (SWPPP) shall be prepared and submitted for review to the Planning Board pursuant to New York State Department of Environmental Conservation regulations (SPDES General Stormwater Permit) to ensure that no development will adversely impact wetlands, streams, or increase erosion or sedimentation.
(a)
The clustered subdivision shall be designed to preserve, at a minimum, all the lands of the parcel contained within the LC Overlay District. Upon approval of a clustered development, the Planning Board shall file the plan with the Village Clerk and, if a subdivision, with the office of the County Clerk.