Great Neck City Zoning Code
ARTICLE VIII
Residence D Districts
§ 575-90 Applicability.
In a Residence D District the following regulations shall apply.
§ 575-91 Use.
A building may be erected, altered or used and a lot or premises may be used for any of the purposes set forth in this section and for no other:
A.
Single-family detached dwelling.
B.
Public school.
C.
Church or other building used exclusively for religious purposes, when authorized by the Board of Trustees pursuant to the provisions of § 575-170.9 of this chapter.
[Amended 12-15-2015 by L.L. No. 9-2015]
D.
Government or municipal building, for the administration of or service rendered by the Village government.
E.
Parochial and nonprofit private school, when authorized by the Board of Trustees pursuant to the provisions of § 575-170.9 of this chapter.
[Amended 12-15-2015 by L.L. No. 9-2015]
F.
Municipal park, for recreational use.
G.
Accessory private garage, detached or attached to or within the main building, for the parking of vehicles used for the residential use of the main building.[1]
[Amended 1-6-2004 by L.L. No. 3-2004]
[1]
Editor's Note: Original § 210-57H, which listed "certain business uses" as a permitted use, which previously followed this subsection, was repealed 7-29-1980 by L.L. No. 4-1980.
§ 575-92 Height.
[Amended 6-26-1990 by L.L. No. 5-1990; 2-7-2006 by L.L. No. 3-2006[1]; 1-16-2007 by L.L. No. 2-2007; 10-7-2014 by L.L. No. 11-2014; 10-25-2016 by L.L. No. 4-2016]
The maximum height of a building shall not exceed 30 feet or 22 feet at the eaves. Notwithstanding the preceding sentence:
A.
Chimneys, antennas and decorative cupolas may extend to a height of 35 feet.
[1]
Editor's Note: This local law also stated that if any unexpired building permit or any application is substantially amended after 1-17-2006, it shall be required to conform to the provisions of this local law.
§ 575-93 Population density and street frontage.
[Amended 6-26-1990 by L.L. No. 5-1990]
A.
No single-family dwelling shall be constructed on or occupy an interior lot having an area of less than 4,000 square feet or having a street frontage of less than 40 feet.
B.
No single-family dwelling shall be constructed on or occupy a corner lot having an area of less than 4,400 square feet or having street frontage of less than 45 feet on any one abutting municipal street or less than 143 feet on all abutting municipal streets.
[Amended 2-4-2003 by L.L. No. 2-2003; 3-18-2003 by L.L. No. 7-2003]
C.
No building used for one of the purposes referred to in § 575-91C may be constructed on or occupy a lot having an area of less than one acre or having street frontage of less than 200 feet. No building used for one of the purposes referred to in § 575-91E may be constructed on or occupy a lot having an area of less than five acres or having street frontage of less than 200 feet.
§ 575-94 Building area and floor area ratio.
[Amended 5-17-1987 by L.L. No. 7-1987; 6-26-1990 by L.L. No. 5-1990]
A.
For single-family dwelling use, the building area shall not exceed 30% of the lot area and, subject to any modifications required by § 575-167 of this chapter, the floor area ratio shall not exceed the limits hereinafter set forth:
[Amended 12-2-1997 by L.L. No. 4-1997]
(1)
On interior lots: 0.50 of the first 4,000 square feet of lot area; 0.20 of the lot area in excess of the first 4,000 square feet which is less than 100 feet from the street on which the lot abuts; and 0.10 of the lot area in excess of the first 4,000 square feet which is farther than 100 feet from said street. To the extent required, all of the area of the lot within 100 feet of the street on which the lot abuts must be included in the calculation of the first 4,000 square feet of lot area.
(2)
On corner lots: 0.50 of the first 4,000 square feet of lot area; and 0.15 of the lot area in excess of the first 4,000 square feet.
B.
For uses authorized under § 575-91D and F, the building area and floor area ratio shall be established by the Board of Trustees. For uses referred to in § 575-91C and E, the building area shall not exceed 20% of the lot area, and the floor area ratio may not exceed 0.50 of the first 8,000 square feet of lot area and 0.15 of the lot area in excess of 8,000 square feet.
§ 575-95 Lot width and lot depth.
[Added 5-19-1987 by L.L. No. 7-1987; amended 2-4-2003 by L.L. No. 2-2003; 2-15-2005 by L.L. No. 2-2005]
A.
On an interior lot:
B.
On a corner lot:
(1)
A minimum lot width of 45 feet shall be maintained from the lesser of the street lines of both public streets for the first 100 feet of lot depth or 30 feet beyond that point of construction of the principal building that is located farthest from such street line, whichever distance is greater.
(2)
There shall be a minimum depth of 100 feet from the lesser of the street lines of both public streets.
§ 575-96 Lot coverage. [1]
[Added 10-25-2016 by L.L. No. 4-2016]
Lot coverage on a residential lot in the Residence D District shall not exceed the following thresholds:
§ 575-97 Floor area and minimum clearance.
No dwelling shall be erected unless it has a habitable floor area of at least 1,000 square feet. The minimum clearance between the lower edge of the floor beams and the ground or floor beneath shall be at least two feet.
§ 575-98 Front yards.
[Amended 5-19-1987 by L.L. No. 7-1987; 6-26-1990 by L.L. No. 5-1990; 2-4-2003 by L.L. No. 2-2003]
All lots shall have at least one front yard. A corner lot shall have a front yard on each public street on which the lot abuts. All front yards shall have a minimum depth equal to the greater of 20 feet or the average depth of the front yards of other lots which are on the same block front and within 200 feet. In no event, however, shall a front yard be required to have a depth which is greater than 35 feet.
§ 575-99 Side yards.
[Amended 5-19-1987 by L.L. No. 7-1987; 6-26-1990 by L.L. No. 5-1990]
A.
On an interior lot, a single-family dwelling shall have two side yards, one on each side of the main building. The aggregate width of the two side yards shall not be less than 15 feet, plus 1/2 of the width of the lot in excess of 40 feet. No side yard shall have a width of less than 1/3 of the minimum required aggregate width of both side yards. Where practical, the wider of the two side yards shall be placed adjacent to the narrower of the side yards of an adjoining lot or lots.
B.
On a corner lot, a single-family dwelling shall have only one side yard abutting an interior lot adjacent thereto. Said side yard shall have a minimum width of seven feet, plus 1/3 of the width of the lot in excess of 45 feet measured in the same direction. The side yard shall be on the side adjoining the interior lot opposite the front yard having the greater street frontage. The two yards fronting on public streets shall be considered front yards, as provided by § 575-98, and the remaining yard shall be considered a rear yard and shall conform to the provisions of § 575-100.
[Amended 2-4-2003 by L.L. No. 2-2003]
C.
On a corner lot, a building other than a single-family dwelling shall have only one side yard. Said side yard shall be on the side adjoining the interior lot opposite the front yard having the greater street frontage. Said side yard shall have a minimum width of 20 feet. The remaining yard shall be considered the rear yard and shall conform to the provisions of § 575-100.
D.
On an interior lot, a main building other than a single-family dwelling shall have two side yards, neither of which shall be less than 20 feet.
§ 575-100 Rear yards.
[Amended 5-19-1987 by L.L. No. 7-1987; 12-2-1997 by L.L. No. 4-1997]
There shall be a rear yard, the depth of which shall be 25 feet plus 1/4 of the depth of the lot in excess of 100 feet.
§ 575-101 Permitted encroachments.
A.
The following encroachments into required yards are hereby permitted:
(1)
Cornices, eaves, gutters and chimneys not more than 24 inches.
(2)
Bay windows not more than eight feet in length and one story high, three feet.
[Amended 10-5-2021 by L.L. No. 4-2021]
(3)
One-story open porch, having a maximum eave height of 12 feet, and a terrace, neither one of which may project more than 5 1/2 feet into a minimum front yard.
[Amended 12-2-1997 by L.L. No. 4-1997]
(4)
One-story enclosed vestibule, not greater than nine feet in width, projecting not more than 5 1/2 feet into a minimum front yard.
[Amended 12-2-1997 by L.L. No. 4-1997; 6-5-2001 by L.L. No. 4-2001]
(5)
One-story open porch or terrace, which shall project into a rear yard not more than 10 feet.
(6)
Unenclosed and unroofed platform and steps, designed to provide safe access to grade from service entrance doors, may extend not more than three feet six inches into a minimum side yard. The maximum horizontal surface of any encroaching platform shall not exceed 14 square feet.
B.
In any case where the Board of Appeals has finished a required yard by a variance, the foregoing permitted encroachments shall be reduced to the extent of such diminution.
§ 575-102 Accessory structures.
§ 575-103 Accessory buildings.
A.
There shall be no more than two accessory buildings on a lot. No accessory building shall be over 15 feet in height at the highest point, and in the aggregate said accessory buildings shall not occupy more than 500 square feet or 40% of the rear yard.
[Amended 6-26-1990 by L.L. No. 5-1990]
B.
Unless otherwise provided in this article, accessory buildings or structures shall be located in the rear yard and shall be not less than 10 feet distant from the main building and not less than three feet distant from the rear and side lot lines. Notwithstanding the foregoing, the Superintendent of Buildings may permit a retaining wall closer than such distances when, in the judgment of the Superintendent, adequate arrangements have been made to retain soil on the same lot in the event of a breach in the retaining wall and otherwise provide for the safety of persons and structures in the vicinity. A refusal of such permission by the Superintendent may be appealed to the Board of Trustees, which shall consider the advice of such licensed engineer as the Village may, from time to time, appoint for this purpose.
[Amended 11-18-2008 by L.L. No. 9-2008; 7-19-2022 by L.L. No. 6-2022]
C.
Unless otherwise provided in this article, accessory buildings or structures on corner lots 100 feet or less in depth shall be located as far as possible from the front property lines.
D.
No accessory buildings or structures, except fences or retaining walls as hereinabove provided in this article, shall be erected within 20 feet of a residential building on an adjoining lot.