No building shall be erected, moved, altered,
rebuilt or enlarged, nor shall any land, water or building be used,
designed or arranged to be used, for any purpose except in conformity
with this chapter.
In interpreting and applying this chapter, the
requirements contained herein are declared to be the minimum requirements
for the protection and promotion of the public health, safety, morals,
comfort, convenience and general welfare. This chapter shall not be
deemed to affect in any manner whatsoever any easements, covenants
or other agreements between parties; provided, however, that where
this chapter imposes a greater restriction upon the use of buildings
or land, or upon the erection, construction, establishment, moving,
alteration or enlargement of buildings, than are imposed by other
ordinances, rules, regulations, licenses, certificates or other authorizations,
or by easements or covenants or agreements, the provisions of this
chapter shall prevail.
The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
by the following general supplementary regulations.
Every building hereafter erected shall be located
on a lot as herein defined and, except as herein provided, there shall
be not more than one main building and its accessory buildings on
one lot, except for nonresidential buildings in districts where such
uses are permitted.
No yard or other open space provided about any
building for the purpose of complying with the provisions of these
regulations shall be included as any part of the yard or open space
for any other building, and 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.
No lot or lots or parcel or parcels of land
shall be created by the division of any existing lot or parcel unless
both of the following conditions are met:
A.
Such division has been approved by the Village's Planning Commission in accordance with Chapter 254, Subdivision of Land, except that such approval is not required in cases of transfers of land between adjoining property owners which create no violations of this chapter.
B.
The created and the remaining lots or parcels and
all of the structures on both the created and the remaining lots or
parcels conform in all respects to this chapter, except when a variance
is obtained from the Village's Board of Appeals for a nonconformity
and when, in the case of a partitioning only, there is a preexisting,
nonconforming setback of any structure on the lot on which the principal
dwelling is located as a result of the partitioning. No building permit
shall be issued for the erection, alteration or use of a building
on any lot or parcel created or remaining as a result of a partitioning
or subdivision effected after adoption of this chapter, unless this
subsection has been complied with.
Where a question exists as to the proper application
of any of the requirements of this chapter to a particular lot or
irregular shape of the lot or parcel, the Board of Appeals shall determine
how the requirements of the chapter shall be applied.
No building permit shall be issued for the erection,
alteration or use of a building on a lot which does not comply with
the requirements of this chapter as to lot area, street frontage,
lot width or lot depth unless a variance is obtained therefor.
A paved terrace shall not be considered a part
of a building in the determination of lot coverage or yard requirements;
provided, however, that such terrace is unroofed and without walls,
parapets or other forms of enclosure. Such terrace, however, may have
a guard-railing, wall or fence, not over three feet high, and such
terrace shall not project into any yard to a point closer than five
feet to any lot line.
No porch may project into any required yard.
Any two-story or any enclosed porch, or one having a roof and capable
of being enclosed, shall be considered a part of the building in determining
the yard requirements or amount of lot coverage.
Architectural features, such as window sills,
belt courses, chimneys, cornices, eaves or bay windows, shall not
project more than three feet into any required yard. The sum of any
bay window projections on any wall shall not exceed 1/4 the length
of any said wall.
Open fire escapes may extend into any required
yard not more than six feet.[1]
The height limitations of this chapter shall
not apply to places of worship, spires, belfries, cupolas and domes
not used for human occupancy nor to chimneys, ventilators, skylights,
water tanks, bulkheads or similar features and necessary mechanical
appurtenances usually carried above the roof level. These features,
however, shall be erected only to a height necessary to accomplish
the purpose they are intended to serve, and the total area covered
by such features shall not exceed 15% of the area of the roof on which
they are located.
No clothesline or -lines, drying racks, poles or other similar devices for hanging clothes, rags or other fabrics shall be installed, erected, used or maintained in a front yard or side yard. If there is a practical difficulty or unnecessary hardship in drying such clothes or fabrics elsewhere on the premises, a permit shall be issued by the Village Clerk permitting the use of said front yard or side yard for such purpose, upon approval of the finding by the Superintendent of Construction of the Village that the drying of clothes, rags or other fabrics elsewhere on the premises will create a practical difficulty or unnecessary hardship. If a permit is denied, the applicant may appeal to the Board of Zoning Appeals of the Village of East Rockaway for relief. Such Board may, after due public hearing, and in conformity with the provisions of the Village Law of the State of New York as well as the provisions of §§ 288-127 through 288-134, grant such relief. No linens, bedding, blankets, rags or other fabrics shall be hung over, upon or from a balustrade, railing, parapet, fire escape, window or any opening in a wall, which faces a front yard or a side yard.
[Amended 12-8-2008 by L.L. No. 8-2008; 1-28-2013 by L.L. No. 1-2013]
A.
There shall be only one driveway for each principal
residential structure, which shall consist of a path leading directly
from the street to a garage having a maximum width of 20 feet.
B.
There shall be no circular driveways permitted in
the front yard of any lot.
C.
Paving in the front yard of any residence shall not
exceed 50% of the area of the front yard and shall be limited to a
driveway not exceeding 20 feet in width, and the walkway shall be
separated from the driveway by at least two feet of green space. The
driveway also shall be separated from the property line by at least
one foot of green space.
D.
Motor vehicles shall only be parked or stored on a
paved driveway.
[Added 7-10-2006 by L.L. No. 5-2006]
A.
Except as provided in Subsection B hereof, no person shall park or store any commercial vehicle upon any premises located within a Residential A District, Residence B District or Apartment District which is used for residential purposes between the hours of 10:00 p.m. and 7:00 a.m.
B.
The following commercial vehicles may be parked or
stored upon premises located within a Residential A District, Residence
B District or Apartment District:
(1)
For each legal residential unit existing upon said
premises, one standard production sedan, pickup truck, van or sport
utility vehicle which does not exceed 19 feet in length, six feet,
six inches in width, and eight feet, six inches in height, inclusive
of exterior racks, fixtures, tool boxes, containers or other equipment,
hardware or fixtures designed to accommodate tools, service equipment,
construction materials or other commercial merchandise, provided said
vehicle is owned by, or registered to, an occupant of the premises,
or within the possession and control of an occupant of the premises.
(2)
Commercial vehicles involved in the active loading
or off-loading of merchandise or the active performance of a commercial
service or duty to the residence or property at which said vehicle
is being parked or stored.
[Added 8-11-2008 by L.L. No. 6-2008]
A.
Light sources on residential property.
(1)
No artificial lighting shall be installed or erected
so as to shine directly onto any neighboring property or into any
room or rooms, porches or patios of any neighboring structure.
(2)
Exterior lighting facing neighboring property shall
be hooded or shielded so that it does not produce an objectionable
or inordinate glare on the neighboring property.
B.
Light sources on commercial property.
(1)
All parking areas, entries, corridors, passages, utility
areas and front landscaping must be provided with adequate lighting
for safety purposes. Lights must be controlled by a time clock or
positive photocell switching so as to ensure adequate lighting during
all dark hours.
(2)
Exterior lighting, including security lighting, shall
be installed or erected so as not to shine directly onto any neighboring
residentially developed or residentially zoned property and shall
be hooded or shielded to avoid direct and/or reflective spillage beyond
the boundaries of the property.
C.
Prohibited lighting. Any prohibited lighting now in
existence, in connection with a permitted use or in connection with
a valid nonconforming use, which violates or does not conform to the
provisions hereof shall be altered, removed or replaced in conformity
with the provisions hereof within 30 days of the enactment of this
section.
[Added 11-9-2009 by L.L. No. 14-2009]
No person shall install, operate or use any outdoor wood-burning
device on any property in the Village of East Rockaway, except in
the case of an emergency or natural disaster which makes utilization
of a heating system other than an outdoor wood-burning device impossible
or impractical.
