Glen Cove City Zoning Code
ARTICLE IX
Exceptions and Modifications
§ 280-33 Height exceptions.
[Amended 10-22-2002]
The height limitations of this chapter shall not apply to:
A.
Spires, belfries, cupolas, domes, chimneys, observation towers. Spires, belfries, cupolas, domes, chimneys, observation towers and similar structures shall not contain livable space and shall not exceed the maximum height in the applicable zoning district by more than 10%.
B.
The height of water towers, public monuments, transmission towers, derricks, conveyors, flagpoles, radio towers, cellular phone towers, television towers and television aerials may be no higher than such structure's linear distance from the nearest lot line. No television or radio aerial may be erected whose height above the roof or other permanent structure to which it is attached is greater than the horizontal distance from such aerial or any part thereof to any overhead electric transmission line carrying more than 220 volts.
C.
Manufacturing processes. The height limitations of this chapter shall not apply to bulkheads, elevator penthouses, monitors, fire towers, hose towers, cooling towers, grain elevators or other structures where a manufacturing process requires greater height, provided that such structures above the limiting heights specified in this chapter shall not in aggregate occupy more than 30% of the horizontal area of the roof, and are set back one foot from all legally established setback lines for each additional foot in height from the specified height.
§ 280-34 Lot area exceptions and limitations.
A.
Reduction of lot area. Except as may be provided elsewhere in this chapter, no permit shall be issued for the erection of any building on a lot which is smaller in area than the required minimum for the particular zoning district in which it is located.
B.
Existing lots of less than required area. On any lot in a residential district where a single-family dwelling is a permitted principal use, which lot has been held in separate ownership from any adjoining lot facing on the same street prior to the time of the enactment of this chapter, a single-family dwelling may be constructed, provided that said lot is at least 50% of the minimum lot size in the district and complies with all other requirements of this code. The application for a permit for such a dwelling on such a lot shall be accompanied by such proof of separate ownership in sufficient detail to provide the DBD with adequate information upon which to base the issuance of a permit.
[Amended 5-8-2007; 8-28-2007; 8-24-2010]
C.
Front, side and rear yard exceptions.
[Amended 10-22-2002]
(4)
Measurement of side yard. Where the wall of a building is not parallel to the lot line, the side yard shall be measured from the nearest point of the building to the side lot line.
[Amended 8-24-2010]
(6)
Yard requirements along zoning district boundaries. Along any district boundary line, on a lot adjoining such line, any abutting side or rear yard or court shall have dimensions which comply with the requirements of the more restrictive of the two adjoining districts.
(7)
Reduction of required yards and courts. No lot shall be so reduced in area as to make any yard or court smaller than the minimum required under this chapter.
D.
No part of a yard or court or other open space around a building provided for the purpose of complying with the provisions of this chapter shall be included as a part of a yard, court or other required open space for another building. When a lot is formed from a part of a lot already occupied by a building, such separation shall be affected in such a manner as not to impair any of the provisions of this chapter with respect to the existing building, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with the provisions of this chapter.
§ 280-35 Projections and obstructions.
[Amended 10-14-2008; 8-24-2010]
Projecting parts of buildings. No cornice, eave, sign, sill, belt course or similar projection shall extend beyond the building line duly established for the lot in question, or the lot line, unless such obstruction is more than 10 feet above grade at all points, and even then it may not project more than 24 inches beyond said duly established building line or lot line. No covered porches, fire escapes or outside stairways shall encroach on any required yard or court. Balconies and bay windows may project.
A.
Permitted projections.
(1)
In any district, chimneys on residential, public or semipublic buildings may project into a required yard to the extent of not more than 24 inches. In any residential district, terraces, steps or uncovered porches may project into any required yard, provided that no part thereof is nearer than four feet to any lot line.
(2)
One-story roofed-over open porches, the deck or landing not to exceed three feet in height, may encroach six feet into a permitted front yard, provided the front yard setback has not been previously diminished from the permitted requirements for the zone.
[Added 10-14-2008]
B.
Any structure or use which is accessory to the principal building or use, such as but not limited to private garages, stables, playhouses, farm buildings, storage rooms, garden or greenhouses, carports, covered porches, porticoes, breezeways or porte cocheres, when attached to the principal structure, shall conform to the yard requirements of the permitted principal use or structure of the district in which such structure shall be proposed or erected.
§ 280-36 Land under water; filled land.
Streams, lakes, salt marshes and portions of Long Island Sound and its various bays and estuaries lying within the boundaries of the City of Glen Cove, whether or not so indicated on the Zoning Map as being in a particular use district, shall be considered as being in the most restricted use district abutting thereon, and such zoning classification shall continue in force regardless of any filling or draining of such lands. Nothing herein contained shall be construed to permit the filling or dredging of such land. For the purpose of computing density for the development of any lot or lots, no land under water, unless filled pursuant to law, shall be included in computing the minimum lot area for each dwelling unit permitted under the appropriate zoning district in which the property lies.
§ 280-37 Status of existing permits.
Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building, a substantial portion of the construction of which was lawfully begun at the time this chapter or any amendment thereof affecting the same takes effect, provided that such construction is completed within one year after such time.
§ 280-38 Excavations.
No excavation of any kind shall be permitted except in connection with the construction on the same lot of a building for which a building permit has been duly issued. In the event that a building operation is arrested prior to completion and the building permit therefor is allowed to lapse within six months after the date of expiration of such permit, the premises shall be cleared of any rubbish or other unsightly accumulations and topsoil shall be replaced over all areas from which such soil may have been removed. Any excavation for a basement or foundation with a depth greater than three feet below grade shall be either filled or surrounded by a substantial fence adequate to deny children access to the area and adequately maintained by the holder of the permit.
§ 280-39 Caretaker residence.
[Added 1-24-1989]
In any residential development of 10 dwelling units or more, in any zoning district, within which there are common lands, areas or facilities and where there is an organization or mechanism to maintain said areas (homeowner association, condominium or coop), one additional dwelling, not to be counted as part of the maximum permitted density, may be permitted for occupancy by a caretaker and his or her immediate family and such dwelling to be only a one-family unit and no more than 2,500 square feet in area and which cannot be offered for sale or rental.