In case of any amendment of this chapter heretofore or hereafter
made creating new districts or changing district boundaries or transferring
property from one district to another, the Building Zone Map shall
be deemed to have been amended accordingly. A new or amended Building
Zone Map need not be prepared or adopted showing such new districts
or such changes in district boundaries or such transfer of property
from one district to another, but such new districts, changes and
transfers of property may be identified by words of description with
the same effect as if they had been shown upon a duly prepared and
adopted Building Zone Map.
The Board of Trustees hereby determines that since the territory of the Village of Kensington is small in area and since it is now and has always been devoted exclusively to one-family residences, with the exception of the newly created (adopted December 20, 1965) Residence D District, Subdistrict D-1, for purposes of a multiple dwelling, §
151-12 of this chapter, and since the village forms only a small part of a large comprehensive community and since ample facilities for business and trade exist nearby within easy reach where the residents of the village have always been accustomed to shop and transact their business, there is no necessity for providing within the village limits for all of the activities of communal life, and that the purposes provided by Article 7 of the Village Law may best be carried out by excluding from the village all industrial, commercial and business uses and by limiting the use of the property in the village to one-family dwellings and accessory uses for which the territory of the Village of Kensington is peculiarly suited, with the exception of the portion of the village that adjoins Middle Neck Road where a multiple dwelling may be constructed subject to the conditions and restriction hereafter set forth in this chapter.
[Amended 3-21-1990 by L.L. No. 3-1990]
Unless the portion of a lot which fails to comply with the following
requirements is added to and forms part of an adjoining lot under
the same ownership in such a way that said portion and the lot to
which it is added, taken together, comply with all of the regulations
applicable to the district in which it is situated. No lot shall be
sold, divided, set off, leased or conveyed in such a manner that either
the portion sold divided, set off, leased or conveyed or the portion
remaining:
A. Shall be less than the minimum size or shall have less than the minimum
street frontage required by the regulations relating to the district
in which it is situated; or
B. Shall fail to provide the yards or other open spaces required by
the regulations relating to the district in which it is situated in
respect to any building or use then existing; or
C. Shall contain any building which exceeds the height permitted by
the regulations relating to the district in which it is situated;
or
D. Shall contain any building or use not permitted by the provisions
of this chapter in the case of buildings hereafter erected or altered;
or
E. Shall contain a building or use accessory to the building or use
located on the portion of the lot so severed from it; or
F. Shall directly or indirectly violate any terms or conditions imposed
by this chapter relating to the use of such lot; or
G. Shall directly or indirectly violate any terms or conditions imposed
by the Planning Board in approving a subdivision plot or imposed by
the Board of Appeals in granting a variance or special exception under
the provisions of this chapter or under the provisions of the Village
Law; or
H. Shall create a plot that does not have the minimum frontage required
by this chapter on one of the following: Arleigh Road, Beverly Road,
Bridle Path, Greenacre Court, Kensington Court, Nassau Drive, North
Drive, Stoner Avenue or Sutton Court.
[Added 11-17-1993 by L.L. No. 4-1993]
In the Residence A District, the following regulations shall
apply:
A. Uses. No building shall be erected, altered or used and no lot or
premises shall be used except for one of the following purposes and
uses accessory thereto:
(1) A dwelling for not more than one family.
(2) Schools, as defined in this chapter.
(3) Governmental and municipal purposes.
(4) Churches and places of worship.
(5) Uses accessory to the principal use to which the premises or the building thereon is devoted. Such accessory uses are subject to the conditions and limitations set forth in Article
IV of this chapter.
B. Height. No building shall be erected, altered or used any part of
which is higher than three stories exclusive of cellar or higher than
35 feet, whichever is less.
C. Size of lot. No building shall be erected, altered or used on a lot
having an area of less than 8,000 square feet.
D. Street frontage; width of lot at street and at rear. No lot shall
have a street frontage of less than 100 feet or a street frontage
that measures less than 90% nor more than 110% of the rear lot line.
[Amended 11-20-1997 by L.L. No. 5-1997]
E. Front yard. Where two or more buildings exist on the same side of
the street as a proposed building and are situated within 200 feet
of such proposed building or any part thereof, no portion of such
proposed building shall be erected nearer to the street line than
a line joining the front lines of such existing buildings and running
as nearly parallel to the street as may be provided that no portion
of such proposed building shall be erected nearer than 30 feet to
the street line of any street, and no portion of the front building
wall need be erected more than 50 feet from such street line. In no
case shall any portion of a building be erected nearer than 30 feet
to the street line of any street.
F. Rear yard. The minimum distance between the rear line of the lot
and the rear wall of the principal building at any point shall not
be less than 15 feet.
[Amended 11-16-1988 by L.L. No. 7-1988; 12-11-2019 by L.L. No. 7-2019]
G. Side yards. Except in the case of a corner lot, two side yards shall
be provided. Except where expressly permitted otherwise, the minimum
distance between a side line of a lot and any building or structure
at any point shall not be less than 10 feet.
[Amended 11-16-1988 by L.L. No. 7-1988]
H. Building area. No principal building or use, together with all accessory
buildings or uses, shall occupy in the aggregate more than 35% of
the area of the lot.
I. Corner lots, in the case of a corner lot there shall be two front
yards and two rear yards; the yards at the street frontages shall
be the front yards, and the yards opposite them shall be the rear
yards. Such yards shall comply with the requirements for front and
rear yards, respectively. The yard at the wider street frontage shall
have a minimum depth of 20 feet, but shall in other respects comply
with the requirements for a front yard.
[Amended 5-19-2004 by L.L. No. 4-2004]
J. Floor area ratio (FAR). In no case shall a dwelling be constructed
with an FAR in excess of 0.4.
[Added 11-17-1993 by L.L. No. 5-1993]
K. Floor area.
The floor area in a building shall not exceed 8,000 square feet.
[Added 2-16-2011 by L.L. No. 2-2011]
L. Front yard
lot coverage. The maximum permitted lot coverage of all paved areas
in a front yard, including gravel and stone aggregate, shall not be
greater than 30% of the front yard. This shall include driveways,
parking areas, walkways, patios and permitted encroachments.
[Added 2-16-2011 by L.L. No. 2-2011]
M. Rear yard
lot coverage. The maximum permitted lot coverage of all paved areas
in a rear yard, including gravel and stone aggregate, shall not be
greater than 25% of the rear yard. This shall include parking areas,
walkways, patios, decks, pools and permitted encroachments.
[Added 2-16-2011 by L.L. No. 2-2011]
N. The height
of an accessory structure shall not exceed 16 feet.
[Added 2-16-2011 by L.L. No. 2-2011]
O. For all new construction and substantial improvements that exceed 40% of the existing floor area, the additional regulations in §
151-13.2. shall apply.
[Added 2-16-2011 by L.L. No. 2-2011]
In the Residence B District, the following regulations shall
apply:
A. Uses. No building shall be erected, altered or used and no lot or
premises shall be used except for one of the purposes permitted in
the Residence A District and uses accessory thereto.
B. Height. No building shall be erected, altered or used any part of
which is higher than permitted in the Residence A District.
C. Size of lot. No building shall be erected, altered or used on a lot
having an area of less than 7,500 square feet.
D. Street frontage; width of lot at street and at rear. No lot shall
have a street frontage of less than 100 feet or a street frontage
that measures less than 90% nor more than 110% of the rear lot line.
[Amended 11-20-1997 by L.L. No. 5-1997]
E. Front yard. Where two or more buildings exist on the same side of
the street as a proposed building and are situated within 200 feet
of such proposed building or any part thereof, no portion of such
proposed building shall be erected nearer to the street line than
a line joining the front lines of such existing buildings and running
as nearly parallel to the street as may be provided that no portion
of such proposed building shall be erected nearer than 30 feet to
the street line of any street and no portion of the front building
wall need be erected more than 50 feet from such street line. In no
case shall any portion of a building be erected nearer than 30 feet
to the street line of any street.
[Amended 12-16-1987 by L.L. No. 9-1987]
F. Rear yard. The minimum distance between the rear line of the lot
and the rear wall of the principal building at any point shall not
be less than 15 feet.
G. Side yards. Except in the case of a corner lot, two side yards shall
be provided, each of which shall have the minimum width required for
the Residence A District.
H. Building area. No principal building or use, together with all accessory
buildings or uses, shall occupy in the aggregate more than 35% of
the area of the lot.
I. Corner lots. In the case of a corner lot there shall be two front
yards and two rear yards; the yards at the street frontages shall
be the front yards, and the yards opposite them shall be the rear
yards. Such yards shall comply with the requirements for front and
rear yards, respectively.
[Amended 5-19-2004 by L.L. No. 4-2004]
J. Floor area ratio (FAR). In no case shall a dwelling be constructed
with an FAR in excess of 0.4.
[Added 11-17-1998 by L.L. No. 5-1993]
K. Floor
area. The floor area in a building shall not exceed 8,000 square feet.
[Added 2-16-2011 by L.L. No. 2-2011]
L. Front
yard lot coverage. The maximum permitted lot coverage of all paved
areas in a front yard, including gravel and stone aggregate, shall
not be greater than 30% of the front yard. This shall include driveways,
parking areas, walkways, patios and permitted encroachments.
[Added 2-16-2011 by L.L. No. 2-2011]
M. Rear yard
lot coverage. The maximum permitted lot coverage of all paved areas
in a rear yard, including gravel and stone aggregate, shall not be
greater than 25% of the rear yard. This shall include parking areas,
walkways, patios, decks, pools and permitted encroachments.
[Added 2-16-2011 by L.L. No. 2-2011]
N. The height
of an accessory structure shall not exceed 16 feet.
[Added 2-16-2011 by L.L. No. 2-2011]
O. For all new construction and substantial improvements that exceed 40% of the existing floor area, the additional regulations in §
151-13.2. shall apply.
[Added 2-16-2011 by L.L. No. 2-2011]
In the Residence C District, the following regulations shall
apply:
A. Uses. No building shall be erected, altered or used and no lot or
premises shall be used except for one of the purposes permitted in
a Residence A District and uses accessory thereto.
B. Height. No building shall be erected, altered or used any part of
which is higher than permitted in the Residence A District.
C. Size of lot. No building shall be erected, altered or used on a lot
having an area of less than 8,000 square feet.
D. Street frontage. No building shall be erected, altered or used on
a lot having a street frontage of less than 65 feet.
E. Front yard. The same requirements for a front yard in the Residence
B District shall apply to front yards in the Residence C District.
F. Rear yard. The minimum distance between the rear line of the lot
and rear wall of the principal building at any point shall be not
less than 25 feet.
G. Side yards. The same requirements for side yards in the Residence
A District shall apply to side yards in the Residence C district.
H. Building area. No principal building or use, together with all accessory
buildings or uses, shall occupy in the aggregate more than 35% of
the area of the lot.
I. Corner lots. In the case of a corner lot there shall be two front
yards and two rear yards; the yards at the street frontages shall
be the front yards, and the yards opposite them shall be the rear
yards. Such yards shall comply with the requirements for front and
rear yards, respectively.
[Amended 5-19-2004 by L.L. No. 4-2004]
J. Nonconforming uses. Any use existing in any building or premises at the time of the adoption of Ordinance No. 47 on November 16, 1954, and not conforming to the regulations provided in this §
151-17 may be continued, subject to the same conditions and limitations as set forth in §
151-22 of this chapter.
K. Floor area ratio (FAR). In no case shall a dwelling be constructed
with an FAR in excess of 0.4.
[Added 11-17-1993 by L.L. No. 5-1993]
L. Floor
area. The floor area in a building shall not exceed 8,000 square feet.
[Added 2-16-2011 by L.L. No. 2-2011]
M. Front
yard lot coverage. The maximum permitted lot coverage of all paved
areas in a front yard, including gravel and stone aggregate, shall
not be greater than 30% of the front yard. This shall include driveways,
parking areas, walkways, patios and permitted encroachments.
[Added 2-16-2011 by L.L. No. 2-2011]
N. Rear yard
lot coverage. The maximum permitted lot coverage of all paved areas
in a rear yard, including gravel and stone aggregate, shall not be
greater than 25% of the rear yard. This shall include parking areas,
walkways, patios, decks, pools and permitted encroachments.
[Added 2-16-2011 by L.L. No. 2-2011]
O. The height
of an accessory structure shall not exceed 16 feet.
[Added 2-16-2011 by L.L. No. 2-2011]
P. For all new construction and substantial improvements that exceed 40% of the existing floor area, the additional regulations in §
151-13.2. shall apply.
[Added 2-16-2011 by L.L. No. 2-2011]
In the Residence D District, the following regulations shall
apply:
A. Establishment. The Residence D District shall consist of the following
area: Bounded on the west side by Middle Neck Road, on the north and
on the south by the Village line, on the east by the property of the
Kensington School, Nassau Drive and Park Lane (extending northerly
to the Village line), not including the parks or islands lying within
Park Lane, constituting Lot Nos. 1 to 65, both inclusive, in Block
No. 1, and Lot Nos. 1 to 38, both inclusive, in Block No. 3, all of
Block 17 and Lot Nos. 9 to 13, both inclusive, in Block No. 8 and
the boundary strips adjacent thereto, shown on a certain map entitled
"Amended Map No. 1 of Kensington, Great Neck, Nassau County, L. I.,
property of Rickert-Finlay Realty Company, dated Dec., 1911, surveyed
by George S. Hubbell, C.E., Flushing, Long Island," and filed in the
office of the Clerk of the County of Nassau on December 16, 1911,
as Map No. 30.
B. Subdistricts. Of said Residence D District, the portion thereof situated
within 100 feet of Middle Neck Road, as widened, is referred to as
"Subdistrict D-1," and the portion thereof situated more than 100
feet from Middle Neck Road, as widened, is referred to as "Subdistrict
D-2."
C. Building Zone Map. The Building Zone Map is deemed amended accordingly.
D. Uses in Subdistrict D-1. In Subdistrict D-1, no building shall be
erected, altered or used and no lot or premises shall be used except
for one or more of the following purposes:
(1) Uses permitted in the Residence A District.
(3) The offices of a practitioner of medicine, osteopathy, physiotherapy,
dentistry, podiatry or psychology, duly licensed under the Education
Law of the State of New York.
E. Uses in Subdistrict D-2. In Subdistrict D-2, no building shall be
erected, altered or used and no lot or premises shall be used except
for one or more of the following purposes:
(1) Governmental and municipal purposes.
(2) Uses accessory to the uses which may exist in Subdistrict D-1, to the extent and subject to the conditions and limitations specified in Subsection
E(3) hereof.
(3) The conditions and limitations referred to in Subsection
E(2) hereof are as follows: Trees, shrubs, vegetable ground cover, ornamental planting, landscaping, walks, steps and walls are permitted in any part of the subdistrict.
F. Height. No building shall be erected, altered or used which is higher
than three stories plus basement or higher than 35 feet, whichever
is less. Such height shall be measured from the elevation of the curb,
or, if there is no curb, from the elevation of the pavement of the
street, computed, in either case, from the curb or the pavement, as
the case may be, of Park Lane nearest to the point of measurement.
For the purpose of this section, the terms "basement" and "story"
shall have the definitions provided in the Multiple Residence Law.
G. Building area. In Subdistrict D-1 no principal building or use, together with its accessory buildings, shall occupy in the aggregate more than 60% of the plot at curb level. However, the extension of the basement or cellar area of such building beneath the existing grade of the plot, to be used only for the parking of automobiles, as required by §
151-13 of this chapter, shall not be considered as occupancy of the area of the plot for the purposes of this section. Such basement or cellar area, however, shall not invade the front, rear and side yard restrictions above the existing grade of the plot, as hereinafter provided in this Article.
H. Density. No building shall be erected, altered or used in Subdistrict
D-1 on a plot having an area of less than 700 square feet for each
family or dwelling unit for which the building is designed, used or
intended to be used, and in no event on a plot having an area of less
than 10,000 square feet. In calculating density, only area actually
in Subdistrict D-1 shall be included. The area reserved and to be
used for professional offices in the basement of any multiple dwelling
erected in said Subdistrict D-1 is to be excluded in making the density
computation.
I. Front yard. No multiple dwelling shall be hereafter erected, altered
or used which has a wall nearer than 50 feet to the street line of
any street within the village, no front yard being required on Middle
Neck Road. The term "street" shall include the entire area of the
publicly owned property that lies between Middle Neck Road and Kensington
Gate.
J. Rear yard. Every building hereafter erected, altered or used shall
have a rear yard of a minimum depth of 15 feet.
K. Side yards. Two side yards shall be provided on every building plot,
the aggregate width of which shall be at least 35 feet. No side yard
shall be less than 15 feet in width.
L. Parking spaces.
(1) No multiple dwelling shall be constructed, altered or used and no
application shall be made for a building permit for the construction
of a multiple dwelling unless provision is made for garage space of
sufficient size to accommodate automobiles equal in number to the
number of families for which the multiple dwelling is designed, used
or intended to be used.
(2) Such garage space shall provide for each of such number of automobiles
a readily accessible parking space not less than nine feet by 20 feet
in size, free from columns or other obstructions that would interfere
with parking, together with necessary access aisles or driveways.
(3) Such garage space must be provided underneath the principal building or buildings in Subdistrict D-1, except as set forth in Subsection
G hereof.
(4) Such garage space must have adequate means of ingress and egress
to Middle Neck Road or, if permitted, to Embassy Court. Such means
of ingress and egress shall not be used for pedestrian travel, provision
for which shall be made elsewhere. All access roads shall be paved
in accordance with village specifications and shall be separated,
by means of dividers or otherwise, from paths and sidewalks used by
pedestrians.
(5) No entrance to or exit from a garage shall be permitted on Park Lane,
Beverly Road or Nassau Drive.
M. Multiple residences. In addition to the provisions of the Building
Code, the construction, alteration, repair and removal of every
multiple dwelling or apartment house in the Village of Kensington
shall comply with the provisions of the Building Code recommended
by the National Board of Fire Underwriters of New York (sometimes
known as the "National Code"), the Multiple Residence Law and the
State Building Construction Code and Manual as the same now exist
or may hereafter be amended, whichever is the more restrictive, with the following additional requirements:
(1) There shall be no means of access from one apartment to the balcony
of another apartment.
(2) No exterior clothesline or clothespole or other device for drying
or airing clothes, laundry, bedding or draperies shall be permitted.
(3) No water tank or shed or structure for the housing of elevators,
air conditioners or other machinery shall be exposed.
(4) No incinerators will be permitted.
(5) No septic tanks or cesspools will be permitted for the disposal of
sanitary and household waste.
(6) Professional offices are permitted only on the first or ground story
or basement as defined in the Multiple Residence Law.
N. Preliminary approvals. No multiple dwelling shall be constructed,
altered or used and no application for a building permit for the construction
or alteration of a multiple dwelling shall be issued unless the plans
and specifications shall have been examined and approved as to type,
design and exterior appearance, and unless the plans and provisions
for the parking, storage or garaging of the occupants' automobiles
shall have been examined and approved as to adequacy, safety and freedom
from fire hazard and as to compliance with this chapter and all other
applicable ordinances, and unless plans for stormwater and site drainage
have been examined and approved as to adequacy by an architect or
engineer appointed for the purpose by the Board of Trustees.
O. Fees. In addition to the fees elsewhere required upon the filing
of an application for a building permit and the issuance of a certificate
of occupancy, the applicant for a multiple dwelling permit shall pay
to the village a fee to be determined in each case by the Board of
Trustees, to pay or reimburse the village for the reasonable charges
of an architect or engineer who may be employed by the Board of Trustees
to examine the application for the building permit and the plans and
specifications submitted therewith and all amendments thereto and
to inspect the work during and after the course of construction and
ascertain compliance with the provisions of the building permit and
the provisions of all applicable Village ordinances.
[Amended 3-21-1990 by L.L. No. 3-1990]
P. Floor area ratio (FAR). In no case shall a dwelling be constructed
with an FAR in excess of 0.4.
[Added 11-17-1993 by L.L. No. 5-1993]
[Added 12-16-1987 by L.L. No. 8-1987]
For the purposes of enacting restrictions which conform to certain
deed restrictions on properties in the Village of Kensington, the
following restrictions shall be applicable in addition to any other
provisions of law, and where the following restrictions conflict with
any other provision of law, the more restrictive provisions shall
apply:
A. In any district, no building of any character having what is known
as a "flat roof" shall be erected except with a permit from the Board
of Appeals.
B. In a Residence A District:
(1) No building shall be erected nearer than 20 feet to the front line
of the building 1st, except upon lots fronting on South Drive (Stoner
Avenue) and the lots in Block 2 and Lots 1 to 8, inclusive, in Block
8. Entrance steps or stairs are excepted from this restriction. All
references in this section to blocks, lots or plots shall be references
to those blocks and lots as shown on a map entitled "Property of Rickert-Finlay
Realty Co., dated September 20, 1911," a copy of which is annexed
to this law.
[Amended 5-19-2004 by L.L. No. 4-2004]
(2) No building shall be erected nearer than 10 feet to the front line
of lots fronting on South Drive (Stoner Avenue) and Lots 1 to 8, inclusive,
in Block 8. Entrance steps or stairs are excepted from this restriction.
[Amended 5-19-2004 by L.L. No. 4-2004]
(3) No building shall be erected nearer than 20 feet to the side street
line of the lot. Entrance steps or stairs are excepted from this restriction,
and this restriction shall not apply to the lots in Block 2.
[Amended 5-19-2004 by L.L. No. 4-2004]
(4) No house shall be erected or maintained within 10 feet of the side
line dividing the plot on which it is erected from the plot of the
adjoining owner.
(5) No house shall be erected to front on any street except that on which
the lots front. This restriction shall not apply to the lots in Blocks
1, 2 and 3 and Lots 1 to 8, inclusive, in Block 8.
(6) No fence, except hedge or shrubbery, shall be maintained within 20 feet of the front line or side street line of any lot, except as provided in Kensington Code §
77-7.
[Amended 4-15-1993 by L.L. No. 2-1993]
(7) No house shall be erected or maintained on a plot having a frontage
of less than 200 feet on Middle Neck Road north of Beverly Road or
on the west side of Park Lane north of Beverly Road.
(8) No house shall be erected or maintained on a plot having a frontage
of less than 150 feet on Middle Neck Road south of Beverly Road or
on the west side of Park Lane south of Beverly Road.
(9) No house shall be erected or maintained on a plot having a combined
frontage of less than 100 feet on the east side of Park Lane and the
road or drive intersecting it.
(10)
No house shall be erected or maintained on a plot having a frontage
of less than 100 feet on Beverly Road.
(11)
No house shall be erected or maintained on a corner plot having
a frontage of less than 100 feet on North Drive, Arleigh Road, Nassau
Drive (Nassau Road) or South Drive (Stoner Avenue).
(12)
No house shall be erected or maintained on an inside plot having
a frontage of less than 100 feet on North Drive, Arleigh Road, Nassau
Drive (Nassau Road) or South Drive (Stoner Avenue).
[Amended 11-20-1997 by L.L. No. 5-1997]
C. In a Residence B District:
(1) No building shall be erected on any of the following plots nearer
to any part of the front line thereof than a distance equal to 1/4
of the greatest depth of said plot: Plot Nos. 4 to 24, inclusive,
in Block No. 1; Plot Nos. 2 to 8, inclusive, and 11 to 17, inclusive,
in Block No. 3; Plot Nos. 2 to 13, inclusive, in Block No. 4; Plot
Nos. 2 to 6, inclusive, and 9 to 13, inclusive, in Block No. 5; Plot
Nos. 2 to 13, inclusive, in Block No. 6, and Plot Nos. 5 to 22, inclusive,
in Block No. 7. For the purposes of this section, Plots 19 to 24 in
Block No. 1 and Plot No. 7 in Block No. 4 shall be deemed to front
on Arleigh Road; Plot No. 8 in Block No. 4 and Plot No. 7 in Block
No. 6 shall be deemed to front on Beverly Road; and Plot 8 in Block
No. 6 and Plot Nos. 6 and 22 in Block No. 7 shall be deemed to front
on Nassau Road (Nassau Drive.).
(2) No building shall be erected on any of the following plots nearer
than 50 feet to the street lines thereof: Plot No. 1 in Block No.
1; Block No. 2; and Plot Nos. 1, 2, 3 and 4 in Block No. 7.
(3) No building shall be erected on any of the following plots nearer
than 40 feet to the street lines thereof: Plot Nos. 2 and 3 in Block
No. 1; Plot Nos. 1, 9, 10 and 18 in Block No. 3; Plots 1 and 14 in
Block No. 4; Plots 1, 7, 8 and 14 in Block No. 5; and Plots 1 and
14 in Block No. 6.
(4) No building shall be erected on any of the following plots nearer
than 40 feet to the line of Netherwood Road (Gilchrest Road): Plot
No. 4 in Block No. 1; Plot Nos. 7 and 8 in Block No. 4; and Plot Nos.
7 and 8 in Block No. 6.
(5) No building shall be erected on Plot No. 22 in Block No. 7 nearer
than 25 feet to the line of Netherwood Road (Gilchrest Road).
(6) The provisions of Subsection
C(1) through
(5) hereof shall not apply to porches, piazzas, porte cocheres and entrance steps or stairs.
(7) No house shall be erected within 10 feet of the side line dividing
the plot on which it is erected from the plot of the adjoining owner.
(8) No house shall be erected on any of the following plots unless it
fronts on Arleigh Road: Plot Nos. 2 to 24, inclusive, in Block No.
1; Plot Nos. 2 to 9, inclusive, in Block No. 3; and Plot Nos. 1 to
7, inclusive, in Block No. 4.
(9) No house shall be erected on any of the following plots unless it
fronts on Beverly Road: Plot Nos. 10 to 17, inclusive, in Block No.
3; Plot Nos. 8 to 14, inclusive, in Block No. 4; Plot Nos. 2 to 7,
inclusive, in Block No. 5; and Plot Nos. 1 to 7, inclusive, in Block
No. 6.
(10)
No house shall be erected on any of the following plots unless
it fronts on Nassau Drive (Nassau Road): Plot Nos. 8 to 13, inclusive,
in Block No. 5; Plot Nos. 8 to 14, inclusive, in Block No. 6; and
Plots 4 to 22, inclusive, in Block No. 7.
(11)
Houses may be erected on any of the following plots to front
on any street bordering said plots: Plot No. 1 in Block No. 1; Block
No. 2; Plot Nos. 1 and 18 in Block No. 3; Plot Nos. 1 and 14 in Block
No. 5; and Plot Nos. 1, 2 and 3 in Block No. 7.
(12)
No accessory structure shall be erected nearer than 75 feet
to any street line of the following plots: all plots in Block Nos.
1, 2, 3 and 4, and Plots 1 to 21, inclusive, in Block No. 7.
(13)
No accessory building shall be erected nearer than 60 feet to
any street line of the following plots: all plots in Block No. 5,
all plots in Block No. 6 and Plot No. 22 in Block No. 7.
(14)
No fence, except hedge or shrubbery, shall be maintained on
any plot nearer to the street line thereof than the building line
established by the restrictions covering the respective plots.
(15)
No house shall be erected or maintained on a plot fronting on either Arleigh Road or Beverly Road having a width at the front building line of less than 100 feet measured at right angles to the line dividing it from the adjoining plot, except as provided in Subsection
C(17) hereof.
(16)
No house shall be erected or maintained on a plot on Nassau
Drive (Nassau Road) having a width at the front building line of less
than 100 feet measured at right angles to the line dividing it from
the adjoining plot.
[Amended 11-20-1997 by L.L. No. 5-1997]
(17)
Not more than three houses shall be erected on Plot No. 1 in
Block No. 1. Not more than two houses shall be erected in Block No.
2. Not more than five houses shall be erected on Plot No. 1 in Block
No. 7. Not more than four houses shall be erected on Plot No. 2 in
Block No. 7. Not more than five houses shall be erected on Plot No.
3 in Block No. 7. In no event shall a house be erected on a lot with
a street frontage of less than 100 feet.
[Amended 11-20-1997 by L.L. No. 5-1997]
D. In all residence districts. Notwithstanding anything contained herein
to the contrary, no building, except an accessory building, shall
be constructed on any plot that does not have the minimum frontage
required by this chapter on one of the following: Arleigh Road, Beverly
Road, Bridle Path, Greenacre Court, Nassau Drive, North Drive, Stoner
Avenue or Sutton Court.
[Added 11-17-1993 by L.L. No. 4-1993]