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Village of Cedarhurst, NY
Nassau County
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Table of Contents
Table of Contents
[Amended 3-6-1967]
In Residential R-1 Districts, the following regulations shall apply.
[Amended 3-6-1967 4-7-1980 by L.L. No. 2-1980; 9-14-1981 by L.L. No. 10-1981]
No building or premises shall be used and no building shall be erected or altered for other than one or more of the following specified uses:
A. 
One-family dwellings which may include, in addition to the dwelling, the office of a professional (limited to a physician, dentist, chiropractor, podiatrist, physical therapist, occupational therapist, registered nurse providing counseling services only, attorney, accountant, architect or professional engineer), when actually used as the private dwelling of the aforesaid professional person, and the same individual who occupies the office shall reside within said premises and shall be the owner of record. No other professional shall use said office, regardless of his/her relationship to the owner-professional. The office space for said physician, dentist, chiropractor, podiatrist, physical therapist, occupational therapist, registered nurse providing counseling services only, attorney, accountant, architect or professional engineer, may contain the following and shall not exceed the same: a waiting room, consultation room, two treatment and/or examining rooms and one bathroom with a total floor area not to exceed 600 square feet. The office space shall be entirely on the first floor of the premises and shall have a direct access by means of one entrance door to the interior of the residential portion.
[Amended 7-7-2014 by L.L. No. 8-2015; 11-7-2016 by L.L. No. 10-2018]
B. 
Places of worship.
[Amended 3-6-1967; 10-6-1997 by L.L. No. 9-1997]
C. 
Libraries, public museums and also schools as herein defined.
[Amended 3-6-1967]
D. 
Clubs maintained or conducted by any religious, philanthropic or patriotic organization.
[Amended 3-6-1967]
E. 
Accessory uses, customarily incident to the above uses, but not including a business or building or use not located on the same lots with the building or use to which it is accessory. A garage or a group of garages for more than two motor vehicles shall not be permitted as an accessory use. Each and every garage shall be at least 25 feet from any street line except on plots having a width of less than 50 feet located on a corner in which case such garage shall be placed on said property at a point as far distant as possible from any street line. Garages comprising a portion of the main dwelling shall be deemed a portion of that building and the front, side and rear yard restrictions shall be applicable thereto.
[Amended 3-6-1967[1] ][2]
[1]
Editor's Note: This resolution also deleted former Subsection (f), prohibited living quarters in accessory buildings.
[2]
Editor's Note: Former Section 18-57, Uses prohibited, amended 3-6-1967, which immediately preceded this section, was repealed 9-14-1981 by L.L. No. 11-1981.
[Added 5-2-1994 by L.L. No. 2-1994]
A. 
A mother-daughter residence shall be permitted on a temporary basis only for a period of five years, subject to renewal or extension thereof upon application by said homeowner. Any owner seeking such mother-daughter use or occupancy shall obtain the same by application and approval by the Superintendent of the Building Department acting in consultation with the Village Attorney. Any permit granted by said Superintendent of the Building Department shall terminate prior to such five-year period upon the happening of one or more of the following events:
(1) 
The sale or lease of the premises;
(2) 
The death of any individual upon whose relationship said application and permit were granted; and/or
(3) 
Any other change of occupancy of the premises from that occupancy stated and approved in the application for such mother-daughter permit.
B. 
Any owner seeking a mother-daughter permit shall make application to the Superintendent of the Building Department in such form as may be promulgated and/or required by said Superintendent accompanied by copies of the applicant's deed; a plot plan and/or survey; a diagram or layout of the premises indicating the use as proposed; and such other and/or additional materials as may be required by the Superintendent, including but not limited to documents to prove and/or verify the family relationship between the owner and the proposed other occupants.
C. 
Each application shall be accompanied by an application fee and, if granted, there shall be an annual permit fee. The application fee and annual permit fee shall be in such amount as may be fixed, from time to time, by a resolution of the Board of Trustees.[1]
[1]
Editor's Note: The fee schedule is on file in the Village offices.
D. 
The Superintendent of the Building Department or any Village inspector designated by the Superintendent shall have the right to enter and inspect the premises during reasonable hours to ascertain and/or verify whether or not the use of the premises is in compliance with the permit and any conditions that may be imposed in granting the permit. The Superintendent shall have the right and authority to impose such conditions in granting any permit, as he or she may deem reasonable, necessary and/or desirable to preserve and protect the spirit and objectives of this chapter and to insure the proper compliance therewith.
E. 
Upon the granting of any mother-daughter permit and prior to the issuance of the permit each applicant/owner shall be required to submit a restrictive covenant in such form as may be required by and approved by the Village Attorney, to be prepared and filed or recorded at the expense of the applicant/owner, which said restrictive covenant shall declare the limitations on the use of said mother-daughter residence in accordance with the determination of the Superintendent of the Building Department.
F. 
In the event that an application for a mother-daughter permit is denied, then and in such event the aggrieved applicant/owner shall have the right of appeal to the Board of Zoning Appeals of the Village of Cedarhurst, in accordance with the provisions of Article IV of this chapter.
[Amended 3-6-1967]
The first story above the curb level of the street shall be constructed and used principally for living quarters. Garages, furnace spaces and other accessory spaces are not to be classified as living quarters.
[Amended 5-24-1965; 3-6-1967; 6-19-1978 by L.L. No. 5-1978; 6-3-2013 by L.L. No. 9-2013; 11-7-2016 by L.L. No. 11-2018]
No building shall be raised and no building or any part thereof shall be erected or altered in a Residential R-1 District which is higher than two-and-one-half stories above the curb level of the street. In no event shall the top of the ridge be more than 30 feet above the level of the curb. Houses located in the flood zone may be raised/altered to a height of 33 feet. (The ridge may not be more than 33 feet above the curb level.) A house in the flood zone may be raised or altered to three stories in height if the following are met: the lowest story is for limited storage, vehicle access or house entry; no windows are to be permitted in this story; flood vents as required.
[Added 4-6-1987 by L.L. No. 4-1987; amended 9-8-2015 by L.L. No. 5-2018]
A. 
Accessory buildings may occupy 40% of the required area of the rear yard up to an average height of 12 feet.
B. 
The area occupied by an accessory building shall be included in computing the maximum percentage of the lot area which may be built upon.
C. 
No accessory building shall be nearer any front property line than 45 feet.
D. 
Wood frame accessory structures shall have side and rear yard setbacks of no less than five feet.
E. 
Masonry accessory structures shall have side and rear yard setbacks of no less than two feet.
[Amended 5-24-1965; 3-6-1967; 4-6-1987 by L.L. No. 4-1987]
A. 
The first story of any building constructed pursuant to this section shall have a minimum area of 800 square feet exclusive of porches and garages.
B. 
The phrase "minimum usable space" as above provided shall not at any part thereof be less than seven feet six inches in height.
C. 
The total building area, including all accessory buildings, shall not exceed 30% of the lot area.
[Amended 3-6-1967]
No building shall be erected on any plot which has a frontage of less than 60 feet and a total area of less than 6,000 square feet. However, the foregoing shall not affect plots presently having a frontage of less than 60 feet but 40 feet or more where such owners do not own contiguous plots of land fronting on the same street and where such plots were in single and individual ownership prior to August 4, 1952, and have been so maintained to date.
[Amended 3-6-1967]
A. 
A front yard of 25 feet shall be required.
B. 
In the case of a corner lot, the front yard on each street shall be as noted above, except that as to plots which were in single and separate ownership prior to August 4, 1952, and have been so maintained to date and which have a frontage of less than 60 feet and on which a residence may be lawfully erected in accordance with the ordinances of this Village, the required side yard toward the street shall be reduced to the extent of one foot for every two feet of total plot width which is less than 60 feet.
[Amended 3-6-1967; 4-3-2006 by L.L. No. 8-2006; 5-1-2006 by L.L. No. 13-2006]
A side yard is required along each side of a building.
A. 
The side yards along the sides of a building used exclusively as a single-family dwelling shall have an aggregate width of no less than 16 feet. Neither side shall be less than six feet in width, except on corner plots, the side yard shall be six feet.
B. 
Other than a one-family dwelling.
(1) 
On a corner lot, a building other than a single-family dwelling shall have only one side yard. Said side yard shall have a width of no less than 15 feet.
(2) 
On an interior lot, a building other than a single-family dwelling shall have two side yards, neither of which shall be less than 20 feet.
[Amended 3-6-1967]
A rear yard of not less than 25 feet shall be required on every plot.
[Added 12-2-2002 by L.L. No. 11-2002]
A. 
All buildings permitted by this chapter shall be erected with roofs other than those of the character and description known as "flat roofs." Such flat roofs are permitted for one-story extensions and appurtenances only, and are not to exceed 240 square feet in the aggregate.
[Amended 2-7-2005 by L.L. No. 2-2005]
B. 
Should a variance from this section be granted by the Board of Zoning Appeals, then in no event shall a building exceed the prescribed height as set forth hereinafter:
(1) 
One-story building: eighteen feet zero inches to the high point of the roof above the mean level of the curb. A parapet shall not exceed three feet zero inches above the high point of the roof.
(2) 
Two-story buildings: twenty-one feet zero inches to the high point of the roof above the mean level of the curb. A parapet shall not exceed three feet zero inches above the high point of the roof.
C. 
All buildings permitted in this article shall be erected with pitched roofs as defined in § 265-1, which roofs with a slope of 4.5 to 12, or greater.
[Added 2-7-2005 by L.L. No. 2-2005]
[Amended 3-6-1967; 1-9-2006 by L.L. No. 1-2006]
A. 
In a front, rear and side yard, a roof eave may project not more than 12 inches into the required setback.
B. 
In a side and rear yard, a chimney may project not more than 20 inches into the required side or rear yard setback.
C. 
Side entrance steps may project into the side yard not more than 36 inches into the required setback. The height of such steps and/or platform shall not exceed 36 inches above the height of the curb and shall not have any cover or other structure over the same. Where the steps are covered, the same shall be considered part of the building and no encroachment will be permitted.
D. 
Entrance and exit steps may encroach into the required front or rear yard. The platform for such steps may not exceed three feet in projection and six feet in width. A three-foot projection and six-foot width one-story open (not enclosed) roof overhang may encroach three feet into the required setback.
[Added 2-5-1990 by L.L. No. 1-1990; amended 1-7-1991 by L.L. No. 1-1991]
A permit and certificate of completion shall be required for the construction of an open (uncovered) deck and/or patio built eight inches or more above grade. A deck exceeding 36 inches in height above the level of the curb shall be deemed a structure and shall comply with all requirements of this Code pertaining to structures, including setbacks. An open (uncovered) deck and/or patio, built eight inches or more above grade, but which is not more than 36 inches in height above the level of the curb, shall, in any event, conform to the following setbacks:
A. 
In the front yard, the front yard setback for all structures in such district;
B. 
In the rear yard, not less than 10 feet; and
C. 
In the side yard, not less than six feet.
One real estate sign, not larger than three feet by four feet on one lot, advertising the sale or letting of only the premises on which it is maintained and set back not less than 15 feet from the street line and not less than 10 feet from each side line, shall be allowed; except where acreage, available for or in process of subdivision, is advertised for sale or letting, one real estate sign, not larger than three feet high and eight feet long, will be permitted on each 500 feet to 1,000 feet of frontage or one real estate sign three feet high by four feet long on each 500 or less feet of street frontage, provided that said signs are set back not less than 30 feet from the street line; said three feet of height shall be construed to mean the height of the sign itself and not the height from the ground or curb line. This regulation shall apply not only to Residential R-1 Districts, but also to all residential districts.