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.

Places of worship.

Libraries, public museums and also schools as herein defined.

Clubs maintained or conducted by any religious, philanthropic or patriotic organization.

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.

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:

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.

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]

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.

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.

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.

Accessory buildings may occupy 40% of the required area of the rear yard up to an average height of 12 feet.

The area occupied by an accessory building shall be included in computing the maximum percentage of the lot area which may be built upon.

No accessory building shall be nearer any front property line than 45 feet.

Wood frame accessory structures shall have side and rear yard setbacks of no less than five feet.

Masonry accessory structures shall have side and rear yard setbacks of no less than two feet.

General provisions.

Enforcement and compliance.

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.

The phrase "minimum usable space" as above provided shall not at any part thereof be less than seven feet six inches in height.

The total building area, including all accessory buildings, shall not exceed 30% of the lot area.

A front yard of 25 feet shall be required.

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.

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.

Other than a one-family dwelling.

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.

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:

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.

In a front, rear and side yard, a roof eave may project not more than 12 inches into the required setback.

In a side and rear yard, a chimney may project not more than 20 inches into the required side or rear yard setback.

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.

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.

In the front yard, the front yard setback for all structures in such district;

In the rear yard, not less than 10 feet; and

In the side yard, not less than six feet.