[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 ]
[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.
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; 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.