Oyster Bay Cove City Zoning Code
ARTICLE III
Residence A-1 District
§ 320-12 Uses.
A.
No building, lot or premises shall be used or maintained for any except the purposes enumerated below and for no other, and no building shall hereafter be erected, enlarged, remodeled, used, maintained or altered if as so erected or as a result of such enlargement, remodeling, use, or alteration, such building or any part thereof is arranged, designed or intended to be used for any except the uses enumerated below.
B.
Such uses shall not include any uses customarily carried on as a business or any billboard or advertising sign except as hereinafter specifically permitted. 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 herein permitted in Residence A-1 District.
C.
Enumeration.
(1)
Detached single-family dwelling not exceeding 2 1/2 stories.
[Amended 7-24-2008 by L.L. No. 2-2008]
(2)
Accessory uses and accessory buildings which are customarily incidental to or accessory to the uses herein specifically permitted in said district and located on the same lot, such as:
(a)
Buildings defined in § 320-1 of this chapter.
(b)
Keeping of dogs, game and birds.
[Amended 8-19-1980 by L.L. No. 1-1980]
(c)
Occupants of a dwelling in a residential district shall only be permitted to keep horses or livestock for their personal use, provided that there is compliance with the following standards and conditions:
[Amended 8-19-1980 by L.L. No. 1-1980]
[1]
No such use shall be permitted on lots having less than two acres of land.
[2]
The number of horses and livestock and the number of stalls and structural facilities, reasonably necessary for the shelter of same, permitted on each lot shall not exceed the following: two horses or livestock (in any aggregate combination) for the first two acres of lot area plus one additional horse or livestock for each additional acre of lot area, subject to the provisions of Subsection C(2)(c)[8] below.
[3]
Any such horse or livestock shall be beneficially owned in fact, as well as in title, solely by the resident occupants of the lot who shall upon written request of the Building Inspector produce a sworn affidavit and other reasonable evidence of said ownership.
[4]
The boarding or keeping of horses or livestock owned by or for the use or benefit of persons other than those who are the resident occupants of any lot is strictly prohibited.
[5]
All grain-type feed shall be kept in rodentproof containers.
[6]
No manure shall be stored or permitted to accumulate within 75 feet from any boundary line. The Building Inspector shall approve the storage area for manure and it shall be treated in such a manner so that it shall not create a nuisance to adjoining properties.
[7]
The location of private stables, barns and sheds used to shelter horses and livestock shall be subject to the setback requirements for a main building as set forth in § 320-6, and in addition shall be set back 100 feet from any principal dwelling on any adjacent lots, except that any private riding ring, private paddock, corral fencing or other roofless enclosure for horses and livestock and any unenclosed area for their unattended maintenance shall be located not less than 20 feet from any side or rear boundary line, 75 feet from any front boundary line, and 100 feet from any principal dwelling on any adjacent lot.
[8]
No person shall keep more than five horses or livestock on any one lot irrespective of its area unless a special permit for same is authorized and approved by the Board of Zoning Appeals in a manner and in accordance with the standards stipulated in § 320-61 of this chapter.
(d)
The carrying on of a home occupation by a person residing in the dwelling unit in which such home occupation is carried on, provided that there is no display of goods or advertising visible from any street, that no assistant, whether paid or not, is employed and that no mechanical or electrical equipment is used except ordinary household equipment and provided that the space so used does not occupy more than 1/4 of the total floor area of the dwelling unit and provided, further, that such home occupation is not carried on in any accessory building.
(e)
The office or studio of a physician, painter, sculptor, surgeon, architect, dentist, teacher, musician, lawyer or engineer or similar professional occupation as may be interpreted by the Board of Zoning Appeals, residing in the dwelling unit in which such office or studio is located, provided there is no display or advertising on the premises in connection with such use except for a professional nameplate not over four square feet in area, provided that said name plate shall comply with the provisions of Article VI of this chapter, and provided, also, that such studio or office does not occupy more space than the equivalent of 1/4 of the area of one floor of such dwelling and that such use is merely incidental to the use of such dwelling unit primarily for residential purposes; provided, however, that any such musician's studio is equipped and used in such a manner that sounds therefrom are not unduly annoying to other persons on nearby premises or public places; and provided, further, that 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; and provided, further, that no use shall be made of more than one building in connection with such professional use; and provided, further, that such professional use shall not be deemed to include the right to engage in wholesale or retail trade, as such term is ordinarily understood. The Board of Zoning Appeals shall have power to determine what is a profession or occupation permitted under this subsection.
(3)
Horticulture, nursery and farming, including noncommercial greenhouses, provided that any greenhouse heating plant is at least 50 feet distant from all boundary lines of said lot and that no fertilizer be stored within 100 feet from any such boundary line unless kept in airtight storage, and providing that the percentage of buildings, their size, location and capacity, the dimensions of yards, setbacks, the provision for automobile parking space and arrangement of access thereto and the arrangement of roadways on and giving access to the site shall all be in accordance with a site plan or subsequent amendment thereto approved by the Village Board of Trustees; provided, however, that with respect to the foregoing uses, there shall be no display of produce, stock or merchandise visible from any street, and provided further that with respect to the uses enumerated in Subsection C(2)(b), (c) and (d), all buildings or structures be set back at least 100 feet from each boundary line of the lot and at least 150 feet from the street line.
(4)
Pumping, storage, sale and distribution of water, including water towers, upon and subject to such conditions as may be imposed by the Board of Trustees after written application thereto and issuance of a permit.
(5)
Private dock and private boating, sea walls, retaining walls and jetties.
(6)
Churches and synagogues for public worship and other strictly religious uses, convents, novitiates and monasteries maintained in accordance with the discipline, rules and usage of the religious corporation or other entity which will own, support and maintain such church, convent, novitiate or monastery and of the ecclesiastical governing body, if any, to which such corporation or other legal entity is subject; provided, however, that the percentage of lot covered by buildings, the size, location and capacity of the buildings, the dimensions of the yards, setbacks, the provisions of automobile parking space and arrangement of access thereto and the arrangement of roadways on and giving access to the site shall be in accordance with a site plan or subsequent amendment thereto approved by the Board of Trustees of the Village and the following minimum requirements:
[Amended 8-9-1965; 3-15-1988 by L.L. No. 1-1988]
(a)
Lot area and building area. The lot shall not be less than five acres in area. The building area shall not be more than 10% of the lot area.
(b)
Height. The height of any principal building shall not exceed 35 feet, except a church with steeple shall not exceed 50 feet. The height of any accessory building shall not exceed 25 feet.
(c)
Yards. All principal and accessory buildings shall have the following front, side and rear yard setbacks:
[1]
Front yard setback: 150 feet.
[2]
Side yard setback: 75 feet for a one-story building; 100 feet for a two- or more story building.
[3]
Rear yard setback: 75 feet for a one story building; 100 feet for a two or more story building.
(d)
Parking area: Adequate off street parking on the lot shall be provided in an approved paved area which shall not extend into the front, side or rear yards. Under no circumstances shall there be provided less than one off-street parking space for each employee plus one for every three seating spaces within the building or one off-street parking space for every 200 square feet of the building, whichever is greater.
(e)
The location and size of the buildings and structures, the nature and intensity of the religious uses involved or conducted, the size of the site in relation to the buildings and the location of the site with respect to streets providing access shall be in harmony with the appropriate and orderly development of the neighborhood and shall be in accord with and promote the purposes set forth in the Village Law.
(f)
The entrance and exit drives shall be laid out so that there is maximum safety for vehicular traffic and pedestrians, and shall conform to the specifications and standards of the Village.
(g)
Buffer planting, walls and fences shall be required, where necessary, to protect and provide maximum screening for neighboring residential properties.
(h)
Exterior lighting shall be installed and arranged to reflect light away from adjoining streets and to prevent any nuisance to property in neighboring residential properties. In general, light sources shall be screened from view from the street and adjoining properties to the maximum extent possible.
(i)
Drainage installations and facilities shall be provided and constructed in accordance with the requirements of the Village Engineer to meet all the specifications and standards of the Village as well as all applicable specifications and standards of the Town of Oyster Bay, the County of Nassau and the State of New York.
(j)
As a condition to the issuance of a building permit, the Village may require the posting of a bond, cash or other surety in such form as shall be approved by the Village Attorney and in an amount sufficient for one or more of the following purposes: to insure the performance and completion of all site improvements; to recompense the Village for the services of the Village Engineers in reviewing, inspecting and approving plans and installation of site improvements; and to restore the lot if construction should be terminated before completion.
(7)
Primary or secondary schools which serve the immediate or anticipated future needs of the inhabitants of the Village only when authorized as a special exception by the Board of Zoning Appeals; provided, however, that such a special exception may be granted only with respect to buildings in existence at the time of the enactment of this chapter; and provided, further, that no exterior changes shall be made in the structure or grounds as to which such special exceptions may be granted; and provided further, that such buildings as to which a variance may be granted are of sufficiently fireproof construction as to comply with the standards of the Building Code of the Village, and provided, further, that said special exceptions may be granted only subject to the conditions and provisions of §§ 320-13, 320-14 and 320-15 of this chapter.
(8)
Incorporated club for outdoor recreation only when authorized as a special exception by the Board of Zoning Appeals, subject to the condition that such club be not organized nor operated for profit purposes, expressly excepting any club a chief activity of which is a service customarily carried on as a gainful business.
(9)
Real estate activities of an owner or of his duly authorized agent, in connection with his property within the Village.
(10)
Renting, leasing or letting of a principal dwelling by a homeowner to another single family or individual for 30 consecutive days or more while the owner does not occupy the premises. No more than two such rentals, leasings or lettings may occur in any period of 365 days. The rental, leasing or letting for a term of less than 30 consecutive days in a period of 365 days is prohibited. 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 any renting, leasing or letting authorized under this section.
[Added 4-16-2013 by L.L. No. 2-2013]
(11)
The installation and maintenance of electric vehicle supply equipment and associated electric vehicle infrastructure for private use provided all equipment is located within an existing garage on the premises or compliant with front yard, side yard and rear yard setback requirements or located not more than five feet from any legally existing garage, parking area or principal dwelling provided the equipment is at least 60 feet from the front lot line.
[Added 3-17-2015 by L.L. No. 2-2015]
(12)
Residence facilities for institution of higher education offering courses of study approved by the New York State Department of Education when authorized by a special exception by the Board of Zoning Appeals and compliant with the following minimum requirements:
[Added 12-18-2023 by L.L. No. 1-2024]
(a)
The institution of higher education main campus is located within a four-mile radius of subject property;
(b)
The minimum lot size for such use shall not be less than 11 acres in area;
(c)
The principal building on the subject premises was constructed in 1915 or earlier;
(d)
The principal building on the subject premises shall contain a minimum of 15 bedrooms;
(e)
The residence facilities shall be occupied by no more than 30 individuals;
(f)
Yards. Notwithstanding any other provisions in this Chapter 320, the principal building on the subject premises shall have the following front, side and rear yard setbacks:
[1]
Front yard setback: 150 feet.
[2]
Side yard setback: 150 feet.
[3]
Rear yard setback: 150 feet.
[4]
Notwithstanding any other provisions in this Chapter 320, the location, size and use of accessory buildings and structures shall be determined by the Board of Zoning Appeals based upon consideration of the following factors:
[a]
The age, size and location of the building or buildings;
[b]
The proposed number of occupants of the building or buildings;
[c]
The use for which the building or buildings are intended.
(g)
Off-street parking on the lot shall be provided as determined by the Board of Zoning Appeals. Where a parking area is located within 20 feet of a property line, a screen of evergreen shrubs having a minimum height of four feet in height and 20 feet in width, or such other screen planting as may be determined by the Board of Zoning Appeals to adequately screen the parking area from the view of the neighboring property shall be installed and maintained along said property lines.
(h)
Buffer planting, walls and fences shall be required, where necessary as determined by the Board of Zoning Appeals, to protect and provide maximum screening for neighboring residential properties.
(i)
Exterior lighting shall be installed and arranged to reflect light away from adjoining streets and to prevent any nuisance to property in neighboring residential properties. In general, light sources shall be screened from view from the street and adjoining properties to the maximum extent possible.
(j)
Drainage facilities shall be provided and constructed in accordance with the requirements of the Village Engineer to meet all the specifications and standards of the Village as well as all applicable specifications and standards of the Town of Oyster Bay, the County of Nassau and the State of New York.
(k)
Notwithstanding any other provisions in this Chapter 320, the Board of Zoning Appeals shall have the authority to vary the requirements herein relating to the location and size of the buildings and structures, the size of the site in relation to the buildings and the location of the site with respect to streets providing access upon a finding that the proposed application is in harmony with the appropriate and orderly development of the neighborhood and to promote the purposes set forth in the Village Law.
(l)
Application. Every application to the Board of Zoning Appeals made pursuant to this subsection for a permit shall contain and conform to the following regulations:
[1]
The person, firm or corporation for whom the use is intended shall be the applicant.
[2]
The application shall be in writing and verified.
[3]
The name and address and acknowledged consent of the owner, if different from the applicant.
[4]
If a firm or corporation, the full name and residence of each member of the firm or that of the principal officers of the corporation, as the case may be.
[5]
Land and Tax Map description and the area of the subject lot or premises and of all other properties of the applicant in the Village.
[6]
Description of existing structures and uses.
[7]
Distance from public water supply, electricity, public roads, sewers and public transportation.
[8]
Statement of proposed use.
[9]
Period of time for which the permit is requested.
[10]
Accompanying said verified application, which shall be construed as constituting a part thereof, there shall be submitted:
[a]
A site plan showing the location and uses of existing buildings, structures, facilities and open spaces on the lot or premises, including but not limiting the foregoing, parking areas, driveways, walks, sports and recreational areas, exterior lighting, signage, means of water supply, buildings and structures on adjoining premises within 100 feet of the subject premises, and streets and highways and the width thereof abutting the subject lot or premises.
[b]
A site plan showing all existing buildings and facilities to be retained and all proposed buildings, structures, facilities, open spaces and their uses on the lot or premises, including but not limiting the foregoing, parking areas, driveways, walks, sports and recreational areas, exterior lighting, signage and landscaping. All dimensions and distances shall be set forth on the plan.
[c]
A statement setting forth all present and proposed future uses of buildings, structures and facilities, including the maximum occupancy requested.
[d]
A radius map showing all properties within 1,000 feet of the subject premises along with the names, addresses and section, block and lot of each property located within 1,000 feet of the subject premises.
§ 320-13 Legislative findings.
[Amended 4-16-2019 by L.L. No. 4-2019]
Such special exceptions as are subject to the provisions of this article may be granted only when the petitioner files with the Board of Appeals the written consents, duly acknowledged, of at least 75% of the owners of all land, other than public streets within the Village, which lies outside of and within 1,500 feet of each boundary line of the lot or lots to be used for such building; provided, however, that notwithstanding such limitation, the Zoning Board of Appeals, by super majority vote, may grant permission for any such use even though consents are not so filed on behalf of at least 75% of such resident property owners in the Village.
§ 320-14 Agreement between Village and tax-exempt institutions for payment for municipal services.
[Amended 8-9-1965]
Such special exemptions for tax exempt institutions, except those uses set out in § 320-12C(6) of this chapter, as are subject to the provisions of this article shall not be granted, unless the grant of such special exception shall incorporate a condition based upon a legally binding agreement between the institution and the Village that the Village shall receive annual payments of such sums of money as will in the opinion of the Board of Trustees fully compensate the Village for the rendering of the municipal services.
§ 320-15 Conditions for special exception for tax exempt institutions.
Such special exceptions for tax exempt institutions as are subject to the provisions of this article may be granted only with respect to the quantity of acreage which is required exclusively for carrying out thereupon the purposes of such special exception use, and subject to such setbacks as may be prescribed by the Board of Appeals, which setback shall in no case be less than 300 feet. In determining the acreage requirement and the setbacks the following factors shall be taken into consideration:
A.
The size and location of the building or buildings thereon.
B.
The proposed number of occupants of the building or buildings thereon.
C.
The use for which the building or buildings thereon are intended.
§ 320-16 Restrictions on types of uses permitted.
Without regard to the generality of this article as limited by the particularization of the foregoing specified uses, no building or premises shall be used for any purpose which is or may reasonably be expected to be obnoxious or offensive by reason of causing or emitting odor, smoke, gas, dust, garbage, refuse matter, noise or vibrations or that is dangerous or harmful to the health, peace, comfort or safety of the community or that tends to disturb or annoy residents of the Village or that involves any explosion menace or any serious fire hazard.
§ 320-17 Regulation of accessory dwellings.
[Amended 3-15-1988 by L.L. No. 1-1988]
A.
No accessory dwelling shall hereafter be erected, created or enlarged and no existing structure shall hereafter be converted into an accessory dwelling.
[Amended 7-8-2003 by L.L. No. 3-2003]
(1)
Notwithstanding the forgoing, an accessory dwelling lawfully existing on February 1, 1988, may be altered, other than as provided by § 320-53F, and/or enlarged with the approval of the Board of Appeals, provided that the property on which the said accessory dwelling is located has sufficient area to allocate the minimum lot area for the principal building and every accessory dwelling, as if it were a principal building, as required in the district in which the lot is situated.
(2)
An application hereunder shall be subject to the criteria set forth in § 320-61A(8) of this chapter, and the Board of Appeals shall determine said application in accordance therewith.
(3)
Notwithstanding the foregoing, the Board of Appeals shall not approve enlargement of an accessory dwelling such that its habitable floor area is equal to or exceeds 75% of the principal building.
B.
An accessory dwelling legally existing prior to February 1, 1988, may be rented or occupied by persons other than bona fide domestic servants, provided that the lot on which it is located has sufficient area to allocate the minimum lot area for the principal building and every accessory dwelling as required for the district in which the lot is located.
C.
Existing accessory dwellings not complying with the provisions of Subsection B shall not be rented but shall be occupied only by bona fide domestic servants and their immediate families including, without limitation, gardeners, chauffeurs and caretakers regularly employed in the principal building or on the premises by the occupant of such principal building, provided that such work or employment constitutes the employee's principal occupation at all times during such period of employment.