Russell Gardens City Zoning Code
ARTICLE III
Residence AA District
§ 60-10 Applicability of provisions.
This article shall apply to the Residence AA District.
§ 60-11 Permitted uses.
[Amended 6-26-1979 by L.L. No. 13-1979; 4-6-2011 by L.L. No. 1-2011; 3-1-2012 by L.L. No. 2-2012; 9-5-2024 by L.L. No. 5-2024; 5-1-2025 by L.L. No. 2-2025]
No building may be erected, altered or used and no lot or premises may be used except for one or more of the following purposes:
A.
Detached single-family dwelling with a two-or three-car private, noncommercial garage, attached to or within the main dwelling, used exclusively for residential purposes, and no part of which dwelling may be used, primarily or incidentally, for the office of a professional person or for the primary or incidental conduct of any business, vocation or home occupation.
C.
School building owned, operated and maintained by a duly constituted school district.
D.
Public library and public nonprofit art gallery.
E.
Park, playground and recreational area for municipal purposes or for the purposes of any membership corporation to which all owners of property in the Residence AA, Residence A and Residence B Districts are eligible for membership, and which membership corporation shall have supervisory or enforcement powers under private deed restrictions operative within the Village.[1]
F.
Municipal or governmental purposes.
G.
(Reserved)
H.
(Reserved)
I.
Accessory use on the same lot with and customarily incidental to any of the above permitted uses.
(1)
Except as above permitted, accessory uses shall not include any use customarily carried on as a vocation, business, profession or trade of any kind, nor any visible display of any kind, nor any billboard or advertising signboard or sign.
(2)
Permitted accessory buildings shall include garages, sheds, shops, studios and greenhouses. Accessory buildings shall not contain plumbing fixtures, other than a utility sink.
(3)
Permitted accessory structures shall include pergolas, trellises, gazebos, air conditioning condensers, emergency generators, fire pits, fireplaces, built-in barbeques, outdoor kitchens, hot tubs and parabolic satellite dish antennas. Accessory structures shall not consist of habitable space.
(4)
A driveway or a walk to and from an Apartment District and Business District use shall not be deemed to be an accessory use in any residence district. No such driveway or walk use shall be permitted in any residence district.
(5)
A fence or other structure not specifically permitted in this section shall in no case be permitted as an accessory use except as may be required by the Village in the exercise of municipal functions.
J.
A private swimming pool, tennis court, or other similar recreational features shall not constitute a permitted accessory use.
§ 60-12 Lot area and width.
No principal building or use, together with its accessory buildings or uses, shall be erected upon or occupy a lot or piece of ground having an area of less than 30,000 square feet, with a minimum width of 125 feet at the required front setback line.
§ 60-12.1 Street frontage.
[Added 12-4-2008 by L.L. No. 4-2008]
No principal building or use, together with its accessory buildings or uses, shall be erected upon or occupy a lot or piece of ground having a street frontage of less than 125 feet.
§ 60-13 Building area.
The building area shall not exceed 20% of the lot area.
§ 60-13.1 Floor area ratio.
[Added 2-6-2003 by L.L. No. 1-2003]
The floor area ratio shall not exceed .40.
§ 60-13.2 Maximum floor area.
[Added 10-4-2004 by L.L. No. 4-2004; amended 12-7-2004 by L.L. No. 6-2004; 9-5-2024 by L.L. No. 5-2024]
The maximum gross floor area of a dwelling shall not exceed the floor area ratio or 5,200 square feet, whichever is less, except that a dwelling with a plot area of 40,000 square feet may have a maximum gross floor area of 6,000 square feet. Attics that are partially or fully converted to living space shall not be included in the calculation of maximum gross floor area. Accessory buildings and accessory structures shall have a maximum gross floor area of 450 square feet. A storage shed shall have a maximum gross floor area of 120 square feet.
§ 60-14 Yards.
[Amended 9-5-2024 by L.L. No. 5-2024]
A.
There shall be a front yard, the depth of which shall not be less than 40 feet.
B.
There shall be a rear yard, the depth of which shall not be less than 35 feet.
C.
Except in the case of a corner lot, there shall be two side yards, one on each side of the main building, the aggregate widths of which shall be at least 45 feet. In no case shall a side yard be less than 20 feet wide.
D.
In the case of a corner lot, a building shall be required to comply with the front yard restrictions only on the narrower street front. The depth of the yard from the other street line shall not be less than 33 1/3% of the width of the lot, but need not be more than 35 feet.
E.
Accessory buildings shall be located in the rear yard, and shall maintain a minimum side yard of three feet and a minimum rear yard of 10 feet.
F.
Accessory structures shall be located in the rear yard, shall be subject to the same side yard restrictions as principal structures and shall maintain a rear yard of 10 feet.
§ 60-14.1 Minimum dimensions of private, noncommercial garages.
[Added 6-5-1997 by L.L. No. 5-1997; amended 11-6-1997 by L.L. No. 8-1997; 9-5-2024 by L.L. No. 5-2024]
A.
No detached single-family dwelling may be constructed without provision for a garage capable of containing two vehicles and having minimum dimensions of 20 feet in width by 20 feet in length.
B.
No existing garage, either detached or within a single-family dwelling, may be altered, reconstructed or demolished without constructing a garage of the same minimum dimensions as the existing garage.
C.
Detached garages shall maintain a minimum three-foot side yard setback and a minimum three-foot rear yard setback.
§ 60-14.2 Sky exposure planes.
[Added 10-4-2004 by L.L. No. 4-2004]
Notwithstanding anything set forth in this chapter to the contrary, all new construction and alterations shall be contained within a sky exposure plane projecting inward from each side property line at a ratio of 1 1/3 feet vertical to one-foot horizontal. (See Sky Exposure Plane Diagrams.[1])
[1]
Editor's Note: The Sky Exposure Plane Diagrams are included at the end of this chapter.
§ 60-15 Building height.
§ 60-16 Approval of certain permitted uses.
With respect to the uses permitted by the provisions of § 60-11B, C, D, E and F of this chapter, in which public patronage is invited or may be anticipated, notwithstanding any other provisions of this or any other ordinance, no certificate of occupancy for any such use shall be issued unless the Village Board shall have first approved the said use in respect to the following:
A.
The streets available for access to such use and the adequacy of on-street parking.
B.
The suitability and adequacy of the site for the intended use and as to the location and arrangement of buildings, open spaces and driveways.
C.
The proper and facilitated movement of traffic through and the circulation of traffic within the Village, and traffic congestion.