Roslyn Harbor City Zoning Code
ARTICLE V
Supplementary Use and Dimensional Regulations
§ 275-14 Purpose.
The use and dimensional regulations contained in this article are supplemental and additional to the use and dimensional regulations provided for in Article IV of this chapter. Where the standards or regulations provided for herein (in Article V) conflict with those of other requirements of this chapter, the standards of this article shall apply. The approving agency may, when reasonable, waive compliance or modify the supplemental requirements as provided for in this article (Article VI in connection with an approval, an approval with modification or disapproval of a development application except that any waiver or modification of a dimensional requirement as provided for in this article (Article V) shall be subject to the grant of an area variance by the Zoning Board of Appeals as provided for in § 275-45 of this chapter. The waiver or modification of nondimensional supplemental requirements of this article by the approving agency shall be granted only:
A.
Upon a showing by the applicant that compliance with such requirements would result in an unnecessary hardship, or that the benefits to the neighborhood or Village of Roslyn Harbor of granting such a waiver outweigh the detriments thereof; and
B.
When such requirements are found not to be requisite in the interest of the public health, safety and general welfare or are found to be inappropriate to the particular use for which approval is being sought.
§ 275-15 Supplementary regulations for all uses and districts.
A.
Lot for every building or structure. Every building or structure hereafter erected shall be located on a lot. There shall be no more than one principal building or structure and its accessory buildings or structures on one lot, for single-family detached dwellings.
B.
Yard for every building or structure. No yard or other open space provided about any building or structure for the purpose of complying with the provisions of this chapter shall be included as any part of the yard or open space for any other building or structure. No yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot.
C.
Required street frontage. Every lot shall be required to front on a public or private street. On a cul-de-sac turnaround or a radial street the Planning Board may reduce the minimum required lot frontage, but by no more than 40% in all cases.
D.
Conformity required for apportionments and subdivisions. Where a lot is formed hereafter from part of a lot already occupied by a building or structure, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building or structure and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building or structure on the new lot thus created unless it complies with all the provisions of this chapter.
E.
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot because of its peculiar or irregular shape, the Building Inspector shall determine how the requirements of this chapter apply.
F.
New buildings or structures on lots smaller than the minimum required area or dimension. Where the required area or dimensions of lots are changed by an amendment to this chapter, any lot legally in existence on that date and made nonconforming by such amendment may be built upon, provided that:
(1)
The lot met the zoning requirements at the time it received subdivision approval;
(2)
All yard setbacks and other building-related requirements which were in effect at the time the building permit was granted are complied with; and
(3)
The ownership of such lot was not the same as any other lot or lots contiguous thereto as of the date of adoption of this chapter. If the opposite is the case, such other lot or lots, or so much thereof as may be necessary, shall be combined with the first-named lot to make one or more conforming lots, whereupon a permit may be issued, but only for conforming lots when so combined.
H.
No reduction of required yards. No lot shall be so reduced in area as to make any yard smaller than the minimum required under this chapter.
I.
Front yards or corner lots. On corner lots, the yard in front of the structure which has been so designated on the plot plan by the owner shall be required to meet the minimum front yard requirements for the district in which the lot is so located.
J.
Front yards on through lots. On a through lot, the owner shall designate which street frontage is the front, to which a front yard setback shall apply. A rear yard setback shall be required on the other street frontage, provided that it is approved by the Planning Board and determined by the Board not to be inconsistent with or detrimental to the neighborhood or street upon which such lot is located.
K.
Front yards on widened streets. Wherever a portion of a front yard is being taken for the widening or improvement of any street right-of-way, the buildings or structures on such a lot shall be required to measure the yard setbacks from the taking line rather than the existing right-of-way line.
L.
Structural projections permitted into required front yards. In all districts where a front yard is required, the space in such front yard shall be open and unobstructed, except for:
M.
Structural projections permitted into required side or rear yards. In all districts, the space in a required side or rear yard shall be open and unobstructed, except for:
(1)
Ordinary projections of windowsills, belt courses and other ornamental features projecting not more than four inches.
(2)
Chimneys projecting not more than 2 1/2 feet.
(3)
Cornices or eaves projecting not more than three feet in a rear yard and two feet in a side yard.
(4)
Bay windows projecting not more than two feet.
(7)
Open stairs.
N.
Drainage improvements. Roof water drainage shall be collected in dry wells via gutters and leaders to dry wells placed at a minimum of 10 feet from a building or structure. On driveways with a slope in excess of 5%, a designed trench drain shall be provided at the lowest elevation and connected to appropriately designed and sized dry wells to prevent stormwater runoff from flowing onto Village roads.
§ 275-16 Supplementary regulations for uses in residential districts.
A.
Private recreational clubs and outdoor recreational uses.[1]
(1)
All interior areas designed for potentially noisy activities shall be sufficiently sound-insulated or separated from adjacent residential structures so as to avoid any noise nuisance.
(2)
The appearance of any structure shall not be out of character or scale with the neighborhood within which it is to be located.
(3)
A ten-foot-high all-season evergreen planted screen or other suitable buffering shall be required for a depth of 10 feet, where the club is adjacent to a residential use or district. No fence shall be used in place of the screening.
(4)
No intensive outdoor activity shall be permitted other than off-street parking and similar service uses. If outdoor service facilities are provided they shall be located no closer than 100 feet to a residential zone or the property line of an adjacent residential use.
(5)
No outdoor music or public address system shall be provided.
(6)
A private kitchen accessory to the principal use shall be permitted, provided that such food or drink is served in the dining area. If food or drink is served on the grounds of the club, such service shall be limited to the hours of 8:00 a.m. to 10:00 p.m., except that on Friday and Saturday nights and those preceding public holidays such time shall be 11:00 p.m.
(7)
All swimming pools shall provide a suitable club or bathhouse building. The club or bathhouse shall be set back not less than 50 feet from all property lines.
(8)
An outdoor swimming pool shall be located not less than 100 feet from the side or rear of the clubhouse or bathhouse and not less than 100 feet from the front property line and not less than 50 feet from the side and rear property lines.
(9)
Parking spaces shall be provided in an area or areas located not less than 100 feet from the front property line and 50 feet from all other property lines. Such parking areas shall be screened and buffered from adjacent properties and public or private streets.
(10)
The pump of a filtration or pumping system of a private club pool shall be located not less than 100 feet from any side or rear property line.
(11)
To provide safety and privacy, an outdoor swimming pool or other outdoor recreational facility shall be surrounded entirely by a suitably strong tight fence; however, one side or sides of the club or bathhouse may serve as a part of the enclosure. The fence shall be from six feet to eight feet high and shall be nonclimbable. All supporting structures shall be on the inside of the fence, and the top of such support shall be at least one inch lower than the top of the fence. Any opening or openings in the fence to afford entry to the pool shall be equipped with a substantial gate similar to the fence and shall extend from not less than two inches above the ground to the height of the fence. The gate shall be of a self-closing type, opening outwardly only and be equipped with a lock and key or chain and padlock and shall be kept locked, except when the pool is in use.
(12)
All outdoor lighting fixtures shall be shielded so as to prevent any direct beam from falling upon any adjoining property. Downlights only shall be permitted. No support pole or lamp thereon shall exceed a height of 12 feet. No mercury, sodium or arc lamps shall be permitted.
(13)
Overhead wires shall not be carried across the swimming pool and wading pool proper, decks and lounging areas.
(14)
Underwater lighting shall be designed, installed, and grounded so as not to create a hazard to bathers.
§ 275-17 Supplementary requirements for all accessory uses in residential districts.
In addition to the specific requirements for certain accessory residential uses and structures provided for in § 275-18, all accessory residential uses and structures shall be required to meet the following provisions:
A.
No accessory residential use or structure may be established on a lot prior to the establishment of the principal building or structure, except temporary structures associated with the construction of the principal building or structure.
B.
The following accessory uses and structures are specifically prohibited:
(1)
Outdoor storage, except temporary construction equipment
(2)
The parking and storing of commercial vehicles during the period of time from sunset to sunrise, except that such a vehicle may be parked for such periods of time as required for the continued performance of any service on or delivery to premises contained in said residential districts. Where such parking of a commercial vehicle is occasioned by continuing construction or other work for which a building permit is required, such parking shall only be permitted if and to the extent authorized in the building permit.
(3)
Temporary or portable signs.
C.
Unless otherwise specifically provided for in § 275-18, all accessory buildings and structures shall adhere to the requirements set forth below. Where the requirements in this subsection conflict the standards of § 275-18, the standards of § 275-18 shall apply.
§ 275-18 Supplementary requirements for certain uses in residential districts.
A.
Decks.
[Amended 5-30-2024 by L.L. No. 1-2024]
(1)
A deck shall have no enclosure other than the sides of the principal building to which it is attached; provided, however, that a deck may have a railing of open construction not over four feet in height, with at least 1/2 of the area thereof open.
(2)
A deck which is more than three feet in height above the average finished grade of the building to which it is attached shall meet the minimum setback requirements for principal buildings. All other decks shall conform to the yard setbacks for accessory structures as per Table 2.[1]
[1]
Editor's Note: Table 2 is included at the end of this chapter.
C.
Fences and walls.
(1)
All fences or walls and their appurtenances shall be located inside all lot line. No boundary fence or wall shall exceed a height of six feet, except for fences and walls along property lines bordering Bryant Avenue, Glen Cove Avenue, Glenwood Road and Scudders Lane, which shall not exceed eight feet in height.
[Amended 5-12-2016 by L.L. No. 1-2016]
(2)
Electrically charged fences, barbed wire fences and other fences constructed of sharp materials shall not be permitted.
(3)
No solid fence or wall shall be erected along any property line bordering any street except for the following streets: Bryant Avenue, Glen Cove Avenue, Glenwood Road and Scudders Lane, which may be solid and up to eight feet in height.
[Amended 7-14-2008 by L.L. No. 2-2008]
(4)
No wall, fence, or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be planted or maintained on any lot which may obscure the view on a street or at the intersection of streets endangering lives or property of the users thereof.
(5)
All fences shall exhibit the finished, unbroken or nonpost side toward the adjoining property. No supports, posts or bracing shall be placed on the side of the fence facing adjoining property.
(6)
For all fences and walls existing on June 1, 2016, the provisions of this section only apply if the existing fence or wall is being replaced in excess of 50% of its length.
[Added 5-12-2016 by L.L. No. 1-2016]
(7)
Deer fences are permitted only on properties abutting the Nassau County Preserve.
[Added 3-24-2022 by L.L. No. 5-2022]
(a)
The height shall not exceed eight feet.
(b)
The fence shall be black plastic netting with black posts.
(c)
The location of the fence is limited to property lines abutting the Nassau County Preserve. Fence returns abutting residential properties may be installed with the approval of the Building Department. Deer fences are not permitted along the front property line.
D.
Garage and yard sales. Garage and yard sales shall be permitted not more than once in any one calendar year per residential property and shall be limited to items not specifically purchased for resale. Said sales may only involve property from the occupant of the specific property.
E.
Guest cottages. Guest cottages are no longer permitted within the Village. Guest cottages which legally exist, either as a legal nonconforming cottage predating Village zoning or as an approved cottage with a Village approval for the use and existing structure as of March 24, 2022, may remain.
[Amended 3-24-2022 by L.L. No. 4-2022]
F.
Piers, docks and boathouses.
(1)
Boathouses and covered moorages shall not exceed a height of 10 feet above high tide, nor shall the aggregate floor area of such structures exceed 500 square feet of the rear yard.
(2)
The maximum length that a pier may extend into the water shall not exceed 50 feet beyond the high tide line, and a pier shall not exceed six feet in width.
(3)
A pier shall be attached to the shore between the minimum side yard setback lines projected into the water body.
G.
Parking of vehicles on a residential lot.
[Amended f11-9-2009 by L.L. No. 2-2009; 2-24-2021 by L.L. No. 2-2021]
(1)
All improved residential lots must provide for a designated parking area that will accommodate a minimum of two vehicles, one of which must be within a designated enclosed garage.
(2)
Off-street parking for any vehicle shall only be allowed in an enclosed garage, or on a designated parking area that has been approved by the Building Inspector and Village Architectural Consultant.
(3)
Parking of any vehicle on a residential lot, in other than a designated parking area, shall be prohibited, unless authorized by the Board of Trustees.
(4)
The storage or overnight parking of a boat, boat trailer, recreational vehicle, unregistered vehicle or commercial registered vehicle on a lot in the Village is prohibited, unless it is in an enclosed garage, or in an area approved by the Board of Trustees.
(5)
A designated parking area shall be appropriately designed, located, sized and screened to minimize the overall impacts, including lighting, noise and visual appearance on the neighboring properties and be compatible with the neighborhood and the Village. The designated parking area plan shall be reviewed and approved by the Building Inspector and Village Architectural Consultant, unless the plan is subject to site plan review and then by the Planning Board.
(6)
All required screening shall be maintained by the owner and if it dies or is diseased will be promptly replaced by the owner with equivalent planting or screening.
(7)
A designated parking area shall have the following minimum setbacks:
H.
Radio and TV antennas.
(1)
Radio and TV antennas may be attached to principal buildings as architectural projections and may project into the required side or rear yard a maximum of two feet.
(2)
Freestanding antennas shall require their own foundation and shall meet all required rear and side yard setback and height standards for principal buildings.
I.
Residential signs. The following signs shall be permitted:
[Amended by 12-7-2000 by L.L. No. 3-2000]
(1)
Nonilluminated trespass and traffic signs, provided that no such sign shall exceed nine square feet in area.
(2)
A nonilluminated informational or directional sign or historic marker erected by a public agency and any similar sign located within a public park or playground and erected and maintained therein by the public agency having jurisdiction over such park or playground, provided that no such sign shall exceed nine square feet in area.
(3)
Directional, directory or announcement signs erected and maintained by the Village in connection with a public or semipublic building or attraction and municipal signs necessary to the public welfare of the Village, after approval by the Board of Trustees.
(4)
Noncommercial signs, provided that:
(a)
No such sign shall exceed four square feet in area.
(b)
The sign shall be set back a minimum of 20 feet from the nearest road.
(c)
No sign may be erected on a public street or right-of-way or on private property near the intersection of any street so as to obstruct or impair free and clear vision of motorists or of any sign displayed by a public entity for traffic instructions or directions or other public information.
(5)
A temporary nonilluminated real estate sign or signboard used in connection with the sale, lease or rental of the land or property on which the sign is displayed, provided that:
(a)
No such sign or signboard shall exceed two square feet in area;
(b)
Total height shall not exceed five feet from the grade to the highest point of the sign or sign board structure;
(c)
No lot shall have more than one real estate sign;
(d)
The sign may not contain the name of the realtor or broker or otherwise use wording which directs attention to a business, commodity or service conducted on or off the land or property on which the sign is displayed;
(e)
The sign shall be on a white background;
(f)
The sign shall be set back a minimum of 20 feet from the nearest road;
(g)
No sign shall be erected on a public street or right-of-way or on private property near the intersection of any street so as to obstruct or impair free and clear vision of motorists or of any sign displayed by a public entity for traffic instructions or directions or other public information;
(h)
No balloons, garlands, ribbons, or similar items shall be attached or affixed to any sign or signboard; and
(i)
No sign or any part thereof may be in motion by any means, including fluttering or rotating.
(6)
Nonconforming residential signs existing as of the effective date of this chapter may remain for 90 days, at which time any sign on property or land shall be brought into full conformance with this chapter.
(7)
The following regulations shall apply to signs hereafter erected, altered or repaired in all residential districts, the fee for which shall be in accordance with that established in Article XIII of this chapter. No permit shall be required for any of the following residential signs which may be displayed in any district:
(a)
A nonilluminated nameplate for a home professional office not exceeding two square feet in area bearing only the name of the occupant or professional person residing on the land or property on which the sign is displayed and indicating such person's profession.
(b)
A nonilluminated informational or directional sign or historic marker erected by a public agency and any similar sign located within a public park or playground.
(c)
Directional, directory or announcement signs erected and maintained by the Village in connection with a public or semipublic building or attraction and municipal signs necessary to the public welfare of the Village.
(d)
Permitted noncommercial signs not exceeding four square feet in area.
J.
Storage of recreational vehicles, campers, boats and motor vehicle trailers
(1)
Only one recreational vehicle, camper, boat, boat trailer or motor vehicle trailer shall be stored on an improved lot and shall be owned by the owner or occupant of the dwelling or the lot. An enclosed garage of sufficient size to accommodate such a vehicle shall be provided. The recreational vehicle, camper, boat, boat trailer or motor vehicle trailer shall be stored in the enclosed garage at all times.
(2)
Such a vehicle shall be stored with the wheels attached thereto or shall not be used for permanent or transient habitation when so stored.
K.
Storage sheds and greenhouses.
(1)
The maximum size of a greenhouse shall be 100 square feet for each 10,000 square feet of lot area, or a proportion thereof, but in all cases may be at least 100 square feet in size.
(2)
No more than one storage shed or greenhouse shall be permitted.
(3)
No storage shed or greenhouse shall exceed a height of eight feet nor be located any closer to a property line than five feet.
(4)
Applicants are encouraged to match the color and roofing material of storage sheds with that of the principal building on the lot.
(5)
Any storage shed or greenhouse which is attached to a principal building or structure shall be considered part of the principal building or structure for the purpose of measuring minimum required setbacks.
(6)
Such structure shall not be used for the conduct of any business located on or off the subject property nor storage for any commercial enterprise or business on or off the subject property.
L.
Swimming pools and bathhouses. Such structure shall not be used for the conduct of any business located on or off the subject property nor storage for any commercial enterprise or business on or off the subject property.
[Amended 6-9-2016 by L.L. No. 4-2016]
(1)
A private swimming pool may be located in the rear yard, or side yard, except that a pool shall not be located in the minimum required side yard as measured from the inside wall surface of in-ground pools and from the exterior edge of a deck for aboveground and partially aboveground pools.
(2)
Adjacent to every front, side, and rear lot line contiguous to the yard areas containing the pool, there shall be a protective solid screen for a height of not less than four feet, so as to provide an effective visual screen along such property lines. The requirement of a visual screen shall be satisfied by the installation of either a solid fence or a planting strip not less than four feet wide and laid out with suitable plant material which will attain and be maintained at a height of not less than four feet.
(3)
Outdoor pools shall be constructed in compliance with the regulations of the Nassau County Health Department and other applicable rules and regulations. For in-ground or partial in-ground pools, the portion of the premises upon which a swimming pool is located shall be entirely enclosed with an approved, quality, chain link wire, wooden or other fence of not less than four feet in height. For aboveground pools without decks, a ladder of the hinged type shall be provided with locking devices such that, when the pool is not in use, the ladder will be locked in the "up" position. For aboveground pools having decks, a gate and fence at least three feet high above the level of the deck shall be installed. Aboveground pools shall not be required to have any additional fencing.
(4)
Gates.
(a)
Every gate or other opening in the fence enclosing any swimming pool shall be kept securely closed and locked at all times when such pool is not in use. All gates shall be equipped with a spring or such similar device to automatically close the gate after use. The gate shall be equipped with a latch which will automatically engage when the gate closes. The latch release shall be located at least four feet above adjacent ground level.
(5)
Notwithstanding the provision of Subsection L(1) above, no portion of a swimming pool shall be less than 20 feet from any property line.
(6)
All swimming pools shall be provided an acceptable means of draining water. Proper disposal of backwash and all pool water shall be required to drain to an acceptable wastewater disposal system as approved by the Building Inspector.
(7)
No loudspeaking or amplifying device shall be permitted that will project sound beyond the boundary of the property or lot where any pool is located.
(8)
No lighting or spotlighting shall be permitted that will project light rays beyond the bounds of the property or lot.
(9)
A bathhouse or cabana, swimming pool mechanical and electrical systems and pool accessories, including slides and diving boards serving a swimming pool, shall be permitted, provided they meet the setback and other dimensional requirements for accessory uses and structures in the district in which they are located.
(10)
No outdoor swimming pool shall be enclosed by plastic, canvas or other similar material or temporary structure in any fashion. For purposes of this section, a swimming pool cover no greater than two feet above the surface of the water shall not be deemed to be an enclosure or temporary structure.
(11)
Swimming pool equipment shall be screened to the extent reasonable and practicable as required by the Building Inspector, to reduce and minimize the adverse impacts of operation noise and visibility of the unit from surrounding properties. The required screening shall thereafter be maintained by the property owner.
[Added 2-12-2019 by L.L. No. 3-2019[2]]
[2]
Editor's Note: This local law provided that it shall apply to swimming pool equipment installed or replaced after 1-1-2019.
M.
On-site living quarters for employees of private recreational clubs. A building or structure or portion thereof customarily incidental and subordinate to the buildings or structures of a private recreational club may be used as living quarters for the purpose of providing housing for employees of the club provided that such housing facilities comply with the provisions of this chapter, including Article VI.
[Added 3-21-2007 by L.L. No. 3-2007]
N.
Accessory electrical generator equipment.
[Added 5-14-2012 by L.L. No. 2-2012]
(1)
For the purposes of this section, accessory electrical generator equipment shall include an electric generator unit that is designed to be used for providing temporary electrical service to a dwelling and its component elements.
(2)
Accessory electrical generator equipment may be installed and maintained in any residential district of the Village, provided it is:
(a)
Not located in the front yard.
(b)
Complies with the minimum side and rear setback requirements for a dwelling, except the Building Inspector may allow a lesser setback based upon practical difficulty presented by the site and provided it does not further adversely impact neighboring properties. Under no circumstances shall accessory electrical generator equipment have a setback less than the required side and rear yard for an accessory structure.
(c)
Equipped with and thereafter maintained with an adequate sound attenuation enclosure and/or panels to have it be in compliance with operational noise levels as shall be established by resolution of the Board of Trustees.
(d)
Screened to the extent reasonable and practicable as required by the Building Inspector, to reduce and minimize the adverse impacts of operational noise and visibility of the unit from surrounding properties. The required screening shall thereafter be maintained by the homeowner.
(3)
If accessory electrical generator equipment requires periodic testing, it shall be scheduled during the weekday, between the hours of 10:00 a.m. and 3:00 p.m.
(4)
If requested by the Building Inspector, the property owner shall submit to the Village an inspection report, prepared by an independent certified sound testing firm, certifying that the accessory electrical generator equipment is in current compliance with Village noise regulations and levels.
O.
Heating, ventilation, air conditioning and electrical panels. All exterior equipment for heating, ventilation, air conditioning and electrical panels that are installed to service a building or structure shall be screened to the extent reasonable and practicable as required by the Building Inspector, to reduce and minimize the adverse impacts of operation noise and visibility of the unit from surrounding properties. The required screening shall thereafter be maintained by the property owner.
[Added 2-12-2019 by L.L. No. 3-2019[3]]
[3]
Editor's Note: This local law provided that it shall apply to heating, ventilation, air conditioning and electrical panels installed or replaced after 1-1-2019.
P.
Driveways. For all properties in the Village, only one driveway access opening shall be permitted, unless authorized by the Planning Board for only safety considerations.
[Added 12-14-2020 by L.L. No. 3-2020]
Q.
Cabanas.
[Added 11-30-2022 by L.L. No. 1-2023]
(1)
Cabanas, consisting of a residential unit no larger than 350 square feet comprising no more than one room other than a bathroom, shall have no fixed cooking equipment. No sleeping in a cabana is permitted.
(2)
Such cabanas shall adhere to all other requirements for accessory structures in the district.
(3)
Such a cabana shall have a residential appearance and shall have pitched roof and facade materials which match those of the principal residence.
(4)
No air-conditioning or heating installations are permitted in cabanas.
§ 275-19 Supplementary requirements for all accessory uses in business districts.
In addition to the specific requirements for certain accessory business uses and structures provided for in § 275-20, all accessory business uses and structures shall be required to meet the following provisions:
A.
No accessory business use or structure may be established on a lot prior to the establishment of the principal building or structure, except temporary structures associated with the construction of the principal building or structure.
C.
More than one accessory business use or structure shall be permitted on a single lot, provided that the total area covered by such buildings and structures does not cover more than 60% of the rear yard or more than 60% of each side yard, or a total of 50% of the rear and side yards when added together.
D.
Where adjacent to a residential use or district, the gross floor area of all accessory buildings on a lot may not exceed 30% of the total floor area of all buildings on the lot.
E.
No accessory nonresidential use or structure shall exceed one story or 15 feet in height, whichever is the lesser, and in no event shall it exceed the height of the principal building on the lot.
F.
Any use which is prohibited in accordance with § 275-11 shall be prohibited as an accessory use as well as a principal use.
G.
All business establishments or uses shall be provided with adequate utilities, including sewage disposal systems, approved by the Nassau County Department of Health.
H.
All buildings, structures, roads, works, and parking areas shall conform to all applicable laws, regulations and local laws relating to their construction, operation and maintenance.
I.
No use shall be permitted, either principal or accessory, which creates or may create smoke, odors, corrosive or toxic fumes or gas, obnoxious dust, vapor or wastes or offensive noises or vibrations which may be detrimental to the health, safety or general welfare of the Village.
§ 275-20 Supplementary requirements for certain accessory uses in business districts.
A.
Fences and walls. Fences and walls in nonresidential districts shall be subject to the same supplemental requirements provided in § 275-18C for accessory residential uses and structures.
B.
Semipublic open air parking area.
(1)
Semipublic open air parking areas shall be provided in conjunction with those uses which are required to provide off-street parking spaces for customers, employees, visitors and other members of the public for business uses.
(2)
Semipublic open air parking shall be provided on the same lot as the principal use or building.
(3)
All semipublic open air parking areas shall be set back a minimum of 25 feet from an existing residential use or zone and at least five feet from any other property line and five feet from any building on the same lot.
(4)
The following amounts of off-street parking shall be provided for business uses:
Use | Number of Spaces per 1,000 Square Feet Gross Floor Area | |
|---|---|---|
Banks and financial uses | 6 | |
Medical and dental offices | 4 | |
Municipal uses | 4 | |
Offices | 4 | |
Personal service establishments | 5 | |
Retail establishments | 5 | |
Automobile sales establishments | 5 plus 5 spaces per service or repair bay* | |
Other uses not listed | At the discretion of the approving agency |
* | *This amount is over and above space provided for the display, storage or sale of any vehicle. |
(5)
All spaces shall be at least nine feet wide by 18 feet in length served by a driveway or parking aisle of at least 24 feet in width.
(6)
Such parking areas shall be adequately screened by means of fences, walls, beams or vegetative planting, or a combination of the above, from neighboring properties.
C.
Business signs. Signs shall be permitted in all business districts subject to the regulations below:
(1)
Business signs for identification of a business building or use shall be limited to one wall or eave sign and one detached or ground sign on each public street frontage of the building.
(a)
A wall identification sign shall be attached to or incorporated in the building wall. Such sign shall have:
[1]
A maximum area of 1/2 square foot for each horizontal foot of building wall on which it is mounted.
[2]
A maximum width of 20% of the building wall's horizontal measurement, except that, where such horizontal measurement is 20 feet or less, the maximum width may be 30% of such measurement.
[3]
A maximum height of 12 feet.
[4]
A maximum projection of 12 inches from the face of the building wall to which the sign is attached to any part of such sign.
(b)
An eave identification sign shall be attached to the eave of a pitched roof. Such sign shall have:
[1]
A maximum area of 1/2 square foot for each horizontal foot of building wall above which it is mounted.
[2]
A maximum width of 20% of the building wall's horizontal measurement, except that, where such horizontal measurement is 20 feet or less, the maximum width may be 30% of such measurement.
[3]
A maximum height of 12 feet but in no case exceeding a height determined by averaging the heights of the eave end and ridge of the roof slope on which such sign is mounted.
(d)
Identification signs may be double-faced.
(e)
Identification signs may be interior lighted with nonglaring lights or may be illuminated by shielded floodlights; provided, however, that intermittent or flashing lights shall not be used on or in any sign. Moving or animated signs shall not be permitted.
(f)
All signs, except as hereinafter specifically excluded, shall be the subject of a sign permit issued prior to erection. All signs required to have permits shall at all times prominently and permanently display the permit number on the face of the sign. Failure to display the permit number shall constitute cause for revocation of the sign permit by the Building Inspector in addition to any other penalties or remedies prescribed in this chapter.
(g)
Temporary signs, or signs directing automobile drivers to off-street parking areas, having an area of two square feet or less shall not be required to have a sign permit.
(h)
Neither temporary or permanent signs resting on or attached to vehicles nor portable, folding or movable signs shall be used in such a way as to circumvent the provisions of this chapter.
D.
Refuse collection, storage and recycling.
(1)
An enclosed area shall be provided for the temporary outdoor storage of trash or recycling materials and other refuse. Trash receptacles shall be covered. The enclosed area shall be on a durable, paved surface and designed and screened by landscaping or an attractive, solid architectural fence, so that the trash and refuse will not be seen by the general public or from adjoining properties.
(2)
For each application for commercial or industrial development utilizing 1,000 or more square feet of land, the applicant shall provide the approving agency with estimates of the amount of recyclable materials to be generated each week. A storage area of sufficient size to accommodate up to one week of accumulation of designated recyclable materials shall be provided.
(3)
For commercial uses which have more than one principal use on the lot, more than one building on a lot or more than one tenant within a building or lot, the approving agency may require the applicant to designate a centralized storage area for recyclable materials.
(4)
Any commercial use generating wastes that are attractive to rodents or insects, or which may be borne by wind or rain, shall provide completely sealable containers for waste storage and collection.