Glen Cove City Zoning Code
ARTICLE X
Districts
§ 280-40 Districts designated.
[Added 5-9-1989; 10-10-1989; 3-11-1997; 2-24-1998; 8-24-2010]
The City of Glen Cove is hereby divided into the following classes of districts:
R-1A | Two-Acre Residence District |
R-1 | One-Acre Residence District |
R-2 | Half-Acre Residence District |
R-3 | Quarter-Acre Residence District |
R-3A | Six-Thousand-Five-Hundred-Square-Foot Single-Family Residence District |
R-4 | Seven-Thousand-Five-Hundred-Square-Foot One- and Two-Family Residence District |
R-4B | Seven-Thousand-Five-Hundred-Square-Foot One- and Two-Family Residence District |
R-5 | Garden Apartment - Townhouse District |
R-5A | Garden Apartment - Office District |
R-5B | Garden Apartment - Townhouse/Condominium District |
R-6 | Apartment - Office District |
R-SC | Senior Citizens Housing District |
B-1 | Central Commercial District |
B-2 | Peripheral Commercial District |
B-3 | Shopping Center District |
B-4 | Limited Commercial District |
I-1 | Light Industrial District |
I-2 | Light Industrial District |
I-3 | Industrial District |
MW-1 | Marine Waterfront-1 District |
MW-2 | Marine Waterfront-2 District |
PWD | Planned Waterfront District |
RIO-GCA | Redevelopment Incentive Overlay – Glen Cove Avenue |
RIO-ON | Redevelopment Incentive Overlay – Orchard Neighborhood |
CBD-O | Central Business District Overlay |
§ 280-41 Zoning Map adopted.
The aforesaid districts, their boundaries and special established building lines are hereby established as shown on a map entitled "Zoning Map, City of Glen Cove," which accompanies and is hereby made part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the office of the City Clerk. Former § 30.52, Subsections 1 through 4, enumerating amendments to the Zoning Map, which immediately followed this section, were deleted 5-27-1997 by L.L. No. 2-1997.
§ 280-42 Interpretation of district boundaries.
A.
Except where referenced on the Zoning Map to a street line or other designated line by dimensions shown on the Zoning Map, the district boundary lines are intended to follow lot lines or the center lines of streets or alleys or railroad rights-of-way as they existed at the time of enactment of this chapter.
B.
Unless otherwise shown, all district boundaries running parallel to streets shall be construed to be 100 feet back from the property line along said streets as they did exist on the effective date of this chapter.
C.
In all other cases where dimensions are not shown on the map, the location of boundaries shown on the map shall be determined by the DBD, who shall make such determination by measuring the line with a scale.
[Amended 8-24-2010]
§ 280-43 Effect of establishment of districts.
A.
Conformity with regulations. Following the effective date of this chapter no building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with all regulations, requirements and restrictions specified in this chapter for the district in which such building or land is located.
B.
Yard or open space. No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.
C.
New lots. No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the lot on which such building stands complies with all requirements prescribed by this chapter for the district in which said lot is located. No building permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.
D.
Continuing construction after amendment making use nonconforming. Nothing contained in this chapter shall prevent the construction of a building or other structure which is made nonconforming by this chapter or subsequent amendments thereto for which a building permit has been lawfully issued, provided that either:
(1)
Construction of the foundation shall have been completed prior to the effective date of this chapter by virtue of which such building became nonconforming, and construction thereafter is diligently prosecuted; or
(2)
The Board of Appeals makes a finding that substantial financial obligations incurred for such nonconforming building or structure prior to the effective date of this chapter, provided that in such a case construction shall commence within 12 months following such effective date and shall be diligently prosecuted thereafter.
E.
Governmental uses.
(1)
The regulations of this chapter shall not be so construed as to limit or interfere with the dedication, development or use of any land or building for public parks, public playgrounds or public schools required for compulsory education; or with the use of land or buildings owned and occupied by the United States Government, the State of New York, the County of Nassau or the City of Glen Cove, and used for governmental purposes; or, upon the obtaining of any necessary permit therefor, with the construction, installation, operation and maintenance for public utility purposes of water or gas pipes, mains or conduits, electric power transmission lines, telephone or telegraph lines, oil pipe lines or sewers; or with any highway or railroad right-of-way existing or hereafter authorized by the State of New York, County of Nassau or City of Glen Cove. These exceptions, however, shall not be interpreted to permit yards, garages or other buildings for service or storage by said public utilities unless otherwise permitted by this chapter in appropriate districts.
(2)
In all instances listed hereinabove, the City Council may prescribe such reasonable conditions and safeguards as it considers to be essential for the protection of adjoining and surrounding areas, and every effort shall be made by the agency responsible for the particular development to comply therewith.
F.
Uses not permitted deemed prohibited. Any use not permitted by this chapter shall be deemed prohibited except pursuant to the provision of § 240-43G herein. Any list of prohibited uses contained in any section of this chapter shall be deemed to be not an exhaustive list but to have been included for the purposes of clarity and emphasis, and to illustrate, by example, some of these uses frequently proposed that are deemed undesirable and incompatible in the particular district and that are thus prohibited.
[Amended 3-13-2001]
G.
When a use is not specifically permitted in this zoning ordinance as either a use permitted by right or by special permit, it shall be understood that the use may be allowed by special permit of the Planning Board if it is determined by the Planning Board that the use is similar to other uses listed in the district and is consistant with the stated purpose of the district. It is further recognized that every conceivable use cannot be identified in this zoning ordinance, and anticipating that new uses will evolve over time, this section establishes the Planning Board's special permit authority pursuant to Article V of this chapter to compare a proposed use and measure it against those listed in the applicable zoning district for determining similarity. In determining similarity, the Planning Board shall make all of the following findings prior to approval:
[Added 3-13-2001]
(1)
The proposed uses shall meet the intent of, and be consistent with, the goals, objectives and policies of the City's general plan.
(2)
The proposed use shall meet the stated purpose and general intent of the district in which the use is proposed to be located.
(3)
The proposed use shall not adversely impact the public health, safety and general welfare of the City's residents.
(4)
The proposed use shall share characteristics in common with, and not be of greater intensity, density, or generate more environmental impact, than those uses listed in the zoning district in which it is to be located.
§ 280-44 Schedules of district regulations adopted. [1]
A.
To facilitate public understanding of this chapter and for the better administration thereof, the regulations limiting the use of buildings and land and the bulk and arrangement of buildings are set forth in the annexed schedules, numbered 1, 2, 2A and 3, dealing each respectively with (1) residential districts, (2) commercial districts, (2A) residence (multifamily) districts and (3) industrial districts established by § 280-40 of this chapter. Such schedules are hereby adopted and declared to be a part of this chapter hereafter referred to as "the schedules" and may be amended in the same manner as any other part of this chapter.
[Amended 5-27-1997 by L.L. No. 2-1997]
B.
Wherever in such schedules there appear the words "same as (symbol of district)," such words shall be construed to include the specific limitations set forth, in the same column, for the district thus referred to. Otherwise, all limitations as to use, percentage of land coverage, permissible height, required yards and minimum sizes thereof and other requirements shall be those set forth in such schedules.
[1]
Editor's Note: Said schedules are on file in the City Clerk's office.
§ 280-45 Regulations applicable to all districts.
The following regulations shall apply to all districts.
A.
Off-street parking.
(1)
Wherever an off-street parking area of three or more spaces faces a street, a planting area of a minimum width of three feet with plantings at least three feet high planted three feet on center shall be provided between the parking area and the sidewalk. Where no sidewalk exists, such planting strip shall be provided between the parking lot and the property line facing the street. The planting plan for this strip shall be approved by the Planning Board as part of the site plan review.
(2)
Further, not more than 12 parking spaces shall be permitted in a continuous row and not more than 20 spaces shall be permitted in a single parking area without being interrupted by landscaping approved by the Planning Board.
B.
Uniformity of exterior design and appearance of one-family and two-family dwellings. Except as provided below, no one-family or two-family dwelling in a subdivision shall be erected if it is like or substantially like any neighboring building then in existence or for which a building permit has been issued or for which a building permit is being sought. To be deemed unlike any such building a proposed building shall differ therefrom in the following respects:
(1)
Roof type - must vary as to gable, flat, hip or peaked;
(2)
Any two of the following:
(a)
Height of the main roof ridge, or, in the case of a building with a flat roof, the highest point of the roof beams above the elevation of the first floor; height difference between two dwellings must be 24 inches or more.
(b)
Length of the main roof ridge, or, in the case of a building with a flat roof, length of the main roof; the difference in length of the main roof ridge of two dwellings must be 48 inches or more.
(c)
Width between outside walls at the ends of the building under the main roof at right angles to the length thereof.
(d)
Relative location of windows in the front elevation or in each of both side elevations with respect to each other and with respect to any door, chimney, porch or attached garage in the same elevation.
(e)
In the front elevation, both relative location with respect to each other of garage if attached, porch if any and the remainder of the building, and either height of any portion of the building located outside the limits of the main roof, measured from the elevation of the first floor to the roof ridge, or, in the case of a flat roof, the highest point of the roof beams; or width of said portion of the building if it has a gable in the front elevation, otherwise length of said roof ridge or said flat roof in the front elevation.
(3)
Setback from the street. For the purpose of this section, a building shall be deemed to be a neighboring building if the distance between such building and the subject building is not more than 200 feet and if both buildings front on the same streets. In the case of semidetached dwellings, the above requirements shall apply to each separate structure. In the case of attached dwellings and in all cases where side yards are eliminated, the above requirements as to uniformity of design may be waived by the Planning Board.
C.
Site plan approval. Any use other than a one- or two-family dwelling shall be subject to site plan approval by the Planning Board in accordance with Article IV.
D.
Where space exists between the curb and sidewalk along any street, such space shall be planted with grass or flowering plants and be maintained by the property owner directly abutting that portion of the street. As an alternative in nonresidential zoning districts or where otherwise approved by the Director of the Building Department upon consideration of recommendation by the Architectural Review Board, decorative brick or pavers may be installed within this space.
[Added 8-24-2010[1]]
[1]
Editor’s Note: This ordinance also repealed former Subsection D, Fences or walls.
E.
Commercial vehicles.
[Amended 1-9-1990; 9-28-2004]
(1)
No commercial vehicle shall be parked outdoors between 12:00 midnight and 6:00 a.m. in any residential district.
F.
Glare. No glare from lighting from any principal or accessory use shall be visible beyond the property line.
G.
Loudspeakers, etc. No loudspeaker or amplifying device shall be permitted which can be heard beyond the property line between 11:00 p.m. and 8:00 a.m.
H.
Mechanical equipment. All mechanical equipment necessary to operate building services, which equipment is located on the roof of a structure, shall be screened in a manner approved by the Planning Board.
I.
Sound-producing devices. The use of a drum, loudspeaker or any other sound-producing instrument or device for the purpose of attracting attention to any performance, show, sale, display of merchandise by the creation of noise or for any other reason by special permit to be issued by the Mayor, who shall make reasonable rules and regulations therefor.
[Added 5-24-1983]
J.
Satellite television antennas. No satellite television antenna shall be erected or constructed, except in conformance with the following regulations:
[Added 10-22-1985]
(1)
Satellite antenna location.
(a)
All proposed locations in any zone shall be subject to approval by the Planning Board.
(b)
In any commercial, industrial or multifamily residential zone, such antenna may be located anywhere on the lot or building thereon.
(c)
In a noncommercial or single-family zone, subject to the provisions contained herein, such antenna shall be located only in the rear yard of any lot. The proposed dish antenna shall not be closer to the rear property line than the height of said antenna nor closer to any side property line than the height of said antenna or the side yard setback requirement for the principal structure on the lot, whichever results in the greatest setback.
(2)
Antenna size.
(a)
In any zone, such antenna shall not exceed 10 feet in height, including any platform or structure upon which said antenna is mounted or affixed. Such antenna may not exceed six feet in diameter.
(b)
Satellite television antennas shall be located and designed to reduce visual impact from surrounding properties at street level from public streets and not deny solar access to an abutting property. They shall be effectively screened by a special planting maintained in good condition, so that said antenna shall not be visible from any adjacent property or public street.
(c)
Not more than one satellite television antenna shall be allowed upon any noncommercial or single-family lot, notwithstanding the size of said lot.
(d)
All antennas and the construction and installation thereof shall conform to applicable City building code and electrical code regulations and requirements so as not to cause a hazard to life, limb or property because of structural impairment, disassembly or collapse.
(e)
Antennas shall meet all manufacturers' specifications, be of noncombustible and corrosive-resistant material and be erected in a secure, wind- , snow- and storm-resistant manner.
(f)
Every antenna must be adequately grounded for protection against a direct strike of lightning.
K.
Elevators. All elevators shall have their inspection records conspicuously posted therein.
[Added 10-24-1989]
L.
There shall be permitted only one curb cut serving one driveway per residential lot improved with a single- or two-family dwelling, except as otherwise permitted. No driveway located in a front yard shall have a width exceeding 22 feet. No part of any driveway shall be located closer than two feet to any property line except the front property line. Two eleven-foot curb cuts on different streets are permissible for two-family residences located on a corner or through lot
[Added 11-27-2001; amended 6-22-2004; 5-8-2007; 8-28-2007; 8-24-2010]
M.
A residential lot improved with a single- or two-family dwelling may be permitted to have two curb cuts connected by a U-shaped driveway if, in the opinion of the BDADBD, the following criteria have been satisfied:
[Added 11-27-2001; amended 8-24-2010]
(1)
There is adequate sight distance from each curb cut.
(2)
Each curb cut shall be no closer than 10 feet to the nearest property line.
(3)
Each curb cut shall be a minimum of 30 feet from the corner of the street.
(4)
No less than 60 feet shall separate one curb cut from the other.
(5)
The curb cut and paved area of the driveway may not exceed 12 feet in width except where one curb cut leads directly to a garage and such garage requires a wider paved area for access to its entrance. However, in no case may a driveway or curb cut exceed the dimensions contained in Subsection L of this section.
(6)
In no case shall frontage be less than 150 feet.
N.
In addition to any other provisions of this chapter, both of the following provisions shall apply to all residential premises in the City:
[Added 11-27-2001; amended 5-8-2007; 8-28-2007; 8-24-2010]
(1)
No more than 20% of any residential lot improved with a single- or two-family dwelling may be paved or used for parking, walkways or driveways for motor vehicles.
(2)
No more than 40% of the front yard of any residential lot improved with a single- or two-family dwelling may be paved or used for parking, walkways or driveways for motor vehicles.
O.
Average setbacks. Notwithstanding the minimum front yard setback required in any residential district in an established neighborhood, as determined by the Building Department, no building shall be constructed closer to the front property line than the average front yard setback as defined herein.
[Added 10-22-2002]
P.
The maximum interior floor area of a single-family or two-family dwelling shall not exceed 1 1/2 times the maximum lot coverage, as expressed in square feet, in the applicable zoning district.
[Added 10-22-2002; amended 5-8-2007; 8-28-2007]
Q.
Height.
[Added 5-8-2007; amended 8-28-2007; 8-24-2010]
(1)
The maximum height of a structure shall be measured vertically from the existing grade to an imaginary plane located the allowed number of feet above and parallel to the finished grade (see diagram below illustrating application of this plane to a structure with a peaked roof). For peaked roofs, height shall be measured to the midpoint of the roof. No portion of a peaked roof below the midpoint shall extend above the imaginary plane. For flat and mansard roofs, height shall be measured to the top of the roof. No portion of a flat or mansard roof shall extend above the imaginary plane.
 |
(2)
No structure shall exceed the maximum height in each district except as set forth in § 280-33. Additionally, all buildings must adhere to the construction requirements relevant to proposed heights as required by the New York State Uniform Fire Prevention and Building Code.
(3)
To discourage site regrading as a means of unreasonably increasing the permissible building height, one point of the finished floor elevation of a residential single- or two-family residence must be within two feet of natural predisturbance grade at the same horizontal location and at no point shall the first-floor elevation be more than 10 feet above the natural predisturbance grade.
R.
Sky exposure planes.
[Added 5-8-2007; amended 8-28-2007]
(1)
In the R-1A, R-1 and R-2 Districts, no portion of any structure shall extend above a set of sky exposure planes which shall include planes measured at a forty-five-degree angle beginning from the existing natural grade of the front, side and rear lot lines. See below diagram.
 |
(2)
In the R-3, R-3A, R-4 and R-4B Districts, no portion of any structure shall extend above a set of sky exposure planes which shall include planes measured at a forty-five-degree angle beginning from an imaginary plane located five feet above and parallel to the existing natural grade of the front and rear lot lines. See below diagram.
 |
(3)
In any zoning district requiring a sky exposure plane, unenclosed porches, dormers that are no wider than four feet, eaves, chimneys, and architectural features such as turrets, towers and cupolas occupying not more than 20% of the horizontal area of the roof may extend into a sky exposure plane.
(4)
Any structure on a lot measuring three acres or greater in land area, or located in a floodplain designated by the Federal Emergency Management Agency, shall be exempt from any sky exposure plane requirement.
S.
Restriction on use of half-stories. No half-story shall be used as habitable space other than as a recreation room for the use of the residents of the dwelling in which the space is situated.
[Added 5-8-2007; amended 8-28-2007]
T.
Accessory recreation structures for one- and two-family homes.
[Added 5-8-2007; amended 8-28-2007]
(1)
All such structures shall be set back at least 10 feet from any property line.
(2)
No such structure shall be situated in a required front yard.
(3)
All such structures shall be suitably screened from neighboring properties. In order to ensure adequate screening, any such recreation structure located within 30 feet of a neighboring property shall be screened by a fence or solid hedge at least six feet in height and acceptable to the Director of the Building Department.
[Amended 8-24-2010]
§ 280-45.1 Fences and aboveground walls.
[Added 8-24-2010]
A.
Except on corner lots, fences and aboveground walls up to four feet in height may be erected and maintained on any lot line or within any required yard or setback, provided that these do not exclude light and air from adjoining structures existing at the time of the erection of the wall or fence. Such walls and fences shall present their fronts (side of the fence without visible supports and crossmembers) to the street and surrounding properties. Support columns and posts may be permitted up to five feet in height but must not have a width or diameter exceeding 18 inches. Pedestrian gates and trellises used as entryway features are permitted up to eight feet in height, three feet in depth and five feet in width. No fence shall be located closer than five feet to the edge of a City sidewalk.
B.
All fences and walls shall meet with the approval of the Director of the Building Department in respect to public safety.
C.
All fences and walls located along a City street shall be landscaped and planted between the fence or wall and the street. The shrubbery and hedges shall not be permitted to overhang the public street or sidewalk in such a manner as to interfere with pedestrian or vehicular traffic.
D.
Fences up to six feet in height are permitted along side or rear lot lines or within required side or rear yards or setbacks, except that no fence greater than four feet in height shall be permitted closer to a front lot line than the greatest distance measured perpendicular to the front lot line between the closest front facade of the principal structure of the lot and the front lot line.
 |
E.
All other fences and walls not located on a lot line or within a required yard or setback shall be not taller than eight feet except as otherwise permitted herein.
F.
Fences around tennis courts. Where not located within a required setback or yard, fences not to exceed 12 feet in height may be located around tennis courts, badminton courts, basketball or volleyball courts and similar play areas, providing that all parts of the fence higher than six feet are made of open wire construction of galvanized steel or other corrosion-resistant material.
G.
School, church or daycare fences. Fences up to 10 feet in height are permitted along lot lines and within required yards and setbacks where such fences secure play areas associated with schools, churches, day-care facilities, or other institutions that involve outdoor play areas for children; provided, that the fence is made of open wire construction of galvanized steel or other corrosion-resistant material.
H.
Security fences. Fences or walls around industrial, manufacturing, or research uses where required for security purposes, screening, or containing hazardous materials, up to eight feet in height are permitted and may be located along any side or rear lot line or within any side or rear required yard or setback but may not be located along the front lot line or within any front required yard or setback.
I.
Residential screening fence. A fence up to eight feet in height may be erected on any residential lot line which abuts: an alley, industrial or commercial use; railroad or limited access highway.
J.
Prohibited fences. The following types of fences are prohibited and are hereby deemed public health nuisances and therefore subject to abatement in accordance with Chapter 199 of the City Code.
K.
On any corner lot, no wall, fence or other structure, and no hedge, shrubbery or other growth taller than three feet shall be erected, installed or maintained within a sight triangle with legs beginning at the intersection of the lot's two street lines and proceeding to points along the street line 25 feet distant as shown below. The Director of the Building Department is hereby empowered to order the removal of any such structure or growth within the triangle which, in his or her opinion, causes a danger to traffic or public safety.
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§ 280-45.2 Retaining walls.
[Added 8-24-2010]
The requirements for retaining walls are as follows:
A.
Minimum setback for retaining walls which rise above the grade of the public right-of-way or adjacent property: one foot for each one foot of height.
B.
Minimum setback for retaining walls below grade of public right-of-way or adjacent property: 10 feet or one foot for each one foot of height, whichever is greater.
C.
Maximum height of retaining walls: 12 feet, provided that no retaining wall shall have a top-of-wall elevation that is higher than the elevation of the principal structure located on the same lot.
D.
For retaining walls over three feet in height visible from the road or adjacent property, the use of a smooth concrete wall shall not be permitted. The exterior of all such walls shall be natural materials or textured concrete, so as to minimize the negative visual impact of the wall. The treatment of these walls shall be indicated on the site plan.
E.
Retaining walls over five feet in height shall have a fence at least four feet in height at the top of the wall to ensure safety.
F.
A retaining wall may only be used where site constraints will not allow slope shaping and seeding to stabilize an area.
G.
The design of any retaining wall structure must address the aspects of foundation bearing capacity, sliding, overturning, drainage and loading systems. All retaining walls shall be designed by a licensed engineer and shall be approved by the Director of Public Works of the City of Glen Cove.
H.
Retaining walls shall be inspected regularly by the property owner, and retaining walls that exhibit signs of tipping, clogged drains or soil subsidence shall be corrected immediately.
§ 280-45.3 Prohibitions applicable to all districts.
§ 280-45.4 Penalties and liabilities.
[Added 8-22-2023 by L.L. No. 5-2023]
A.
Any person, association, firm, company, or corporation that violates § 280-45.3 with respect to transient rental properties shall be guilty of a violation punishable as follows:
(1)
By a fine of not more than $2,500.
(2)
For a second offense committed within five years of a first offense, by a fine of not less than $2,500 and not more than $5,000.
(3)
For a third offense committed within five years of a first offense, by a fine of not less than $5,000 and not more than $10,000.
§ 280-46 Garaging of commercial vehicles in residential districts.
[Amended 8-23-1988; 6-25-2002]
No commercial vehicle shall be garaged in a residential district unless the owner or regular operator of said commercial vehicle resides upon the property upon which the vehicle is garaged. No more than one commercial vehicle per dwelling unit shall be permitted to be garaged upon property located within a residential district, pursuant to the provisions of this section. If, however, a commercial vehicle cannot be garaged at the owner's residence, the Director of the Building Department may issue a written revocable approval permitting the owner to garage only one commercial vehicle at property owned by him or her which is other than his or her actual residence.
§ 280-46.1 Commercial and industrial activities in residential districts.
[Added 5-8-2007; amended 8-28-2007]
A.
No commercial or industrial activity, other than a home occupation meeting the definition provided in § 280-6, shall be permitted in any residential district unless specified otherwise in the district regulations.
B.
A home occupation shall not employ more than one person who does not reside in the dwelling where said home occupation is conducted.