Garden City City Zoning Code
ARTICLE VIII
Supplementary Area Regulations
§ 200-46 Unobstructed yards.
[Amended 7-21-2011 by L.L. No. 2-2011; 12-15-2016 by L.L. No. 13-2016]
Every prescribed yard shall be open and unobstructed from the ground upward except for:
B.
The ordinary projections of windowsills, belt courses, cornices and other ornamental features to an extent of not more than four inches, provided that not to exceed two feet of any roof overhang of any one-family dwelling may extend into any yard, but such roof overhang shall not be nearer than five feet to any plot line, and such two feet of any such roof overhang shall not be included in computing building areas or yard dimensions.
C.
On any plot improved with a one-family dwelling, the minimum and total side yards for the dwelling shall be in accordance with the following:
Plot Widths (rounded to nearest foot) | Minimum/Total Side Yards (feet) |
|---|---|
Less than 60 | 5/15 |
60 to 75 | The total aggregate side yards shall be no less than 30% of the width of the plot, as measured at the front lot line; the minimum single side-yard setback shall be no less than eight (8) feet. |
76 to 90 | 10/25 |
91 to 112 | 15/35 |
113 to 142 | 20/45 |
143 or more | 25/55 |
D.
On corner lots where either front lot width is less than 60 feet, the side-yard setbacks shall total a minimum of 15 feet, and the minimum single side-yard setbacks shall be no less than five feet. On corner lots where either front lot width is more than 60 feet, but less than 75 feet, the side-yard setbacks shall total a minimum of 30% of that width and the minimum single side-yard setbacks shall be no less than eight feet.
E.
Notwithstanding Subsections C and D herein, or Article XII of this chapter, residences with code-compliant setbacks as of the date of this amendment may be improved within the existing building coverage area without the need for a setback variance, except where the owner seeks: 1) an addition or demolition equal to 30% or more of the existing building coverage of the residence; 2) an addition that would expand the width an existing encroachment in a required side yard setback; or 3) an addition that would increase the distance of an encroachment into a required side yard setback. In no event shall vertical improvements be permitted on any portion of a residence that is less than five feet from any property line.
§ 200-47 Projections into yards.
A.
R Districts.
[Amended 10-16-1989 by L.L. No. 6-1989; 4-19-2001 by L.L. No. 1-2001]
(1)
For the purpose of computing the front yard, the rear yard or the aggregate width of the two side yards required in an R-40, R-20, R-12, R-8, R-6 and R-M District, but not for computing the minimum width of any such side yard, the projection by a chimney of not more than 2.5 feet into such yard, measured at right angles to the nearest plot line, shall be excluded, provided that the width of such chimney shall not exceed six feet.
(2)
For the purpose of computing the front yard, the rear yard, the side yards or the minimum aggregate width of the two side yards required in an R-40, R-20, R-12, R-8, R-6 and R-M District, the projection of a first or ground floor landing platform and steps not more than three feet into such yard, measured at right angles to the nearest plot line, shall be excluded, provided that the width of said landing platform shall not extend more than one foot beyond each side of the door opening which it serves and further provided that no part of the landing platform or steps shall be nearer than five feet to any plot line.
§ 200-48 Plots abutting parking fields or R District.
If a plot in a C District abuts a municipal parking field, the same shall have a side or rear yard, as the case may be, abutting such field, of a width or depth of not less than 15 feet. If such a plot abuts property in an R District, other than a municipal parking field, the same shall have a side or rear yard, as the case may be, abutting such property in an R District, of a width or depth of not less than 25 feet.
§ 200-49 Nondwelling use in R Districts.
A plot in an R District on which is located a principal building other than a dwelling shall have side and rear yards of widths and depth, respectively, at least equal to the minimum setback specified on the Setback Map for such plot.[1] If such plot is bounded by two or more streets, the street with the least setback shall be used in determining such dimensions, but no such yard shall be less than 25 feet in width or depth.
[1]
Editor's Note: The Setback Map is included at the end of this chapter.
§ 200-50 Side yard in C and I Districts.
If a side yard is provided in a C or I District, it shall have a width of not less than six feet and, in addition thereto, not less than two inches for each one foot of building height.
§ 200-51 Corner plots.
A building erected on a corner plot shall comply with the minimum setback from each street on which the plot abuts, as indicated on the Setback Map.[1] On a corner plot one of the interior yards shall have a width of not less than the minimum width prescribed for side yards in the district and the other shall have a depth of not less than the minimum depth prescribed for rear yards in the district.
[1]
Editor's Note: The Setback Map is included at the end of this chapter.
§ 200-52 Accessory buildings or structures.
Accessory buildings or structures shall conform to the following regulations as to their locations on the plot:
A.
On an interior plot abutting on only one street, no accessory building or structure shall be erected or altered so as to encroach upon that half of the plot depth nearest the street, except that an accessory building or structure on a plot of more than the required depth need not be set back from the street line a distance greater than would be required in the case of an accessory building or structure on a plot of the minimum depth prescribed for the district in which such plot is located.
[Amended 7-16-1992 by L.L. No. 3-1992]
B.
On an interior plot abutting on two or more streets, no accessory building or structure shall be erected or altered so as to encroach upon that 1/4 of the plot nearest each and every street.
C.
On a corner plot abutting on two streets, no accessory building or structure shall be erected or altered so as to encroach upon the area between each respective street and a line drawn parallel to such street in a manner to divide the plot into two equal parts, except that an accessory building or structure on a corner plot of more than the required width and area need not be set back from the street line a distance greater than would be required in the case of an accessory building or structure on a corner plot of the minimum width and area prescribed for the district in which such plot is located.
D.
On a corner plot abutting on three or more streets, no accessory building or structure shall be erected or altered so as to encroach upon that 1/4 of the plot nearest each and every street.
E.
Accessory buildings and structures shall occupy not more than 30% of the required area of the rear yard.
F.
No part of an accessory building or structure, other than fences or retaining walls, shall be nearer to any rear or side plot line than a distance of three feet, and no clothesyard enclosure shall be located less than seven feet from any side or rear plot line.
G.
No wall of a detached accessory building or of any building connected to the principal building by a breezeway shall be located nearer than 10 feet to any wall of the principal building.
H.
No part of any freestanding heating, cooling, pumping, filtering, generating or other type of equipment or device shall be located nearer than 10 feet to any plot line.
[Added 4-19-2001 by L.L. No. 1-2001]
I.
Nothing in this chapter shall prevent the erection on properties having street lines of 100 feet or more in length of no more than two driveway entrance piers or posts not exceeding six feet in height (including any fixture or decorative element) or four square feet in area.
[Added 7-21-2011 by L.L. No. 2-2011]