Cedarhurst City Zoning Code
ARTICLE VI
Residential R-2 Districts
§ 265-46 Permitted uses.
[Amended 4-7-1980 by L.L. No. 3-1980]
In Residential R-2 Districts, no buildings or premises shall be used and no building shall be erected or altered for other than one or more of the following uses:
§ 265-47 Height.
[Amended 6-19-1978 by L.L. No. 6-1978; 6-3-2013 by L.L. No. 9-2013; 11-7-2016 by L.L. No. 12-2018]
No building shall be raised and no building or any part thereof shall be erected or altered in a Residential R-2 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.
§ 265-48 Accessory buildings.
[Added 4-6-1987 by L.L. No. 4-1987; amended 10-1-2007 by L.L. No. 14-2007]
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 set backs of no less than five feet.
[Amended 9-8-2015 by L.L. No. 4-2018]
E.
Masonry accessory structures shall have side and rear yard set backs of no less than two feet.
§ 265-48.1 Pool cabanas.
§ 265-49 Building area.
[Amended 4-6-1987 by L.L. No. 4-1987; 10-6-1997 by L.L. No. 9-1997; 8-9-2004 by L.L. No. 3-2004]
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.
§ 265-50 Size and area of plot.
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.
§ 265-51 Front yards.
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.
§ 265-52 Side yards.
[Amended 4-3-2006 by L.L. No. 9-2006; 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 one- or two-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 one- or two-family dwelling.
(1)
On a corner lot, a building other than a one- or two-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 one- or two-family dwelling shall have two side yards, neither of which shall be less than 20 feet.
§ 265-53 Rear yards.
A rear yard of not less than 25 feet shall be required on every plot.
§ 265-54 Character of roofs; maximum heights.
[Amended 4-7-2003 by L.L. No. 5-2003]
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.
§ 265-55 Permitted encroachments.
[Amended 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.
§ 265-55.1 Open decks and patios.
[Added 6-13-2022 by L.L. No. 5-2022]
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: