Zoneomics Logo
search icon

Lake Success City Zoning Code

ARTICLE XIX

Height and Bulk Regulations

§ 105-194 Residence AA, A, B-1, B-2 and C and Business A and B Districts.

[Amended 9-9-1985 by L.L. No. 4-1985; 12-11-2000 by L.L. No. 11-2000]
No building, main or accessory, hereafter erected or altered upon a lot area, upon which a map has not been approved by the Planning Board of the Village of Lake Success and the Department of Public Works of Nassau County and the County Clerk of the County of Nassau prior to the effective date of this Article, shall be erected or altered to exceed the height or number of stories or on a smaller lot area or to occupy a greater percentage of lot area or to have a smaller front, side and rear yard or to have a smaller street frontage than is prescribed for buildings in the respective classes of districts as follows.
A. 
Residence AA Districts.
(1) 
The height of any main building, excluding any one-family dwelling, shall not exceed 40 feet and such building shall not consist of more than three stories. The height of any one-family dwelling shall not exceed 35 feet, with an eave height not to exceed 25 feet, and shall not consist of more than 2 1/2 stories. The height of any accessory building shall not exceed 15 feet and shall not consist of more than one story.
(2) 
No main or accessory building shall be constructed on a lot having an area of less than 217,800 square feet.
(3) 
The aggregate building area, main and accessory, shall not exceed 15% of the lot area, and the gross floor area of a single-family dwelling shall not exceed 15% of the lot area.
[Amended 8-12-2002 by L.L. No. 2-2002]
(4) 
Each building area shall have front, side and rear yards not less than the depths or widths as follows:
(a) 
Front yard depth: 75 feet minimum.
(b) 
Side yard depth: There shall be two side yards, one on each side of the building, the aggregate width of which shall be at least 100 feet, and neither side shall be less than 50 feet wide.
(c) 
Rear yard depth: 75 feet minimum.
(d) 
In addition to the requirements set forth in Subsection A(4)(a), (b) and (c) hereof, any building erected on a corner lot shall have two front yards with depths of not less than 75 feet measured in each case from the street line to the nearest building line.
(5) 
No building lot area shall have a street frontage of less than 175 feet. When the front street line describes an arc, the front line dimension shall be measured on such arc.
B. 
Residence A Districts.
(1) 
The height of any building, excluding any one-family dwelling, shall not exceed 40 feet, and such building shall not consist of more than three stories. The height of any one-family dwelling shall not exceed 35 feet, with an eave height not to exceed 25 feet, and shall not consist of more than 2 1/2 stories. The height of any accessory building shall not exceed 15 feet and shall not consist of more than one story.
(2) 
No main or accessory building shall be constructed on a lot having an area of less than 40,000 square feet.
(3) 
The aggregate building area, main and accessory, shall not exceed 15% of the lot area, and the gross floor area of a single family dwelling shall not exceed 20% of the lot area. No dwelling shall exceed a maximum gross floor area of 12,000 square feet.
[Amended 8-12-2002 by L.L. No. 2-2002; 1-8-2007 by L.L. No. 1-2007]
(4) 
Each building area shall have front, side and rear yards not less than the depths or widths as follows:
(a) 
Front yard depth: 50 feet minimum.
(b) 
Side yard depth: There shall be two side yards, one on each side of the building, the aggregate width of which shall be at least 75 feet, and neither side shall be less than 30 feet wide.
(c) 
Rear yard depth: 50 feet minimum.
(d) 
In addition to the requirements set forth in Subsection B(4)(a), (b) and (c) hereof, any building erected on a corner lot shall have two front yards with depths of not less than 50 feet measured in each case from the street line to the nearest building line.
(5) 
No building lot area shall have a street frontage of less than 175 feet. When the front street line describes an arc, the front line dimension shall be measured on such arc.
C. 
Residence B Districts.
(1) 
Residence B-1 District.
(a) 
The height of any building, excluding any one-family dwelling, shall not exceed 35 feet, and such building shall not consist of more than three stories. The height of any one-family dwelling shall not exceed 30 feet, with an eave height not to exceed 23 feet, and such building shall not consist of more than two stories.
(b) 
No building, main or accessory, shall be constructed on a lot having an area of less than 20,000 square feet.
(c) 
The aggregate building area, main and accessory, shall not exceed 20% of the lot area, and the gross floor area of a single-family dwelling shall not exceed 30% of the lot area. No dwelling shall exceed a maximum gross floor area of 7,000 square feet.
[Amended 8-12-2002 by L.L. No. 2-2002; 1-8-2007 by L.L. No. 1-2007]
(d) 
Required yards.
[1] 
Each building area shall have front, side and rear yards not less than the depths or width as follows:
[a] 
Front yard depth: 40 feet minimum.
[b] 
Side yard depth: There shall be two side yards, one on each side of the building, the aggregate width of which shall be at least 55 feet, and neither side yard shall be less than 25 feet wide.
[c] 
Rear yard depth: 40 feet minimum.
[2] 
In addition to the requirements set forth in Subsection C(1)(d)[l][a], [b] and [c] hereof, any building erected on a corner lot shall have two front yards with depths of not less than 40 feet, measured in each case from the street line to the nearest building line.
(e) 
No building lot area shall have a street frontage of less than 125 feet. When the front street line describes an arc, the front line dimension shall be measured on such arc.
[Added 4-10-2006 by L.L. No. 6-2006]
(2) 
Residence B-2 District.
(a) 
The height of any main building shall not exceed 30 feet, with an eave height not to exceed 23 feet, and such building shall not consist of more than two stories. The height of any accessory building shall not exceed 15 feet and shall not consist of more than one story.
(b) 
No building, main or accessory, shall be constructed on a lot having an area of less than 10,000 square feet.
(c) 
The aggregate building area, main and accessory, shall not exceed 25% of the lot area, and the gross floor area of a single-family dwelling shall not exceed 35% of the lot area. In addition, no dwelling shall exceed a maximum of 5,000 square feet gross floor area on a lot of 14,000 square feet or less, or exceed 5,500 square feet gross floor area on a lot larger than 14,000 square feet.
[Amended 8-12-2002 by L.L. No. 2-2002]
(d) 
Required yards.
[1] 
Each building area shall have front, side and rear yards not less than the depths or width as follows:
[a] 
Front yard depth: 35 feet minimum.
[b] 
Side yard depth: There shall be two side yards, one on each side of the building, the aggregate width of which shall be at least 30 feet, and neither side yard shall be less than 12 feet wide.
[c] 
Rear yard depth: 30 feet minimum.
[2] 
In addition to the requirements set forth in Subsection C(2)(d)[1][a], [b] and [c] hereof, any building erected on a corner lot shall have two front yards with depths of not less than 35 feet, measured in each case from the street line to the nearest building line.
(e) 
No building lot area shall have a street frontage of less than 100 feet. When the front street line describes an arc, the front line dimension shall be measured on such arc.
[Added 4-10-2006 by L.L. No. 6-2006]
D. 
Residence C Districts.
(1) 
The height of any main building shall not exceed 28 feet, with an eave height not to exceed 22 feet, and such building shall not consist of more than two stories. The height of any accessory building shall not exceed 15 feet and shall not consist of more than one story.
(2) 
No building, main or accessory, shall be constructed on a lot having an area of less than 7,500 square feet.
(3) 
The aggregate building area, main and accessory, shall not exceed 30% of the lot area, and the gross floor area of a single-family dwelling shall not exceed 40% of the lot area. In addition, no dwelling shall exceed a maximum gross floor area of 4,000 square feet on a lot of 10,000 square feet or less, or exceed a gross floor area of 4,500 square feet on a lot larger than 10,000 square feet.
[Amended 8-12-2002 by L.L. No. 2-2002; 1-8-2007 by L.L. No. 1-2007]
(4) 
Each building area shall have front, side and rear yards not less than the depths or widths as follows:
(a) 
Front yard depth: 30 feet minimum.
(b) 
Side yard depth: There shall be two side yards, one on each side of the building, the aggregate width of which shall be at least 30 feet, and neither side yard shall be less than 10 feet wide.
(c) 
Rear yard depth: 25 feet minimum.
(d) 
In addition to the requirements set forth in Subsection D(4)(a), (b) and (c) hereof, any building erected on a corner lot shall have two front yards with depths of not less than 30 feet, measured in each case from the street line to the nearest building line.
(e) 
No building lot area shall have a street frontage of less than 75 feet. When the front street line describes an arc, the front line dimension shall be measured on such arc.
[Added 4-10-2006 by L.L. No. 6-2006]
E. 
Business A Districts.
(1) 
The height of any building shall not exceed 36 feet, and such building shall not consist of more than two stories.
(2) 
No building, main or accessory, shall be constructed on a lot having an area of less than 1,000 square feet.
(3) 
The building area, main and accessory, shall not exceed 50% of the lot area.
(4) 
Each building area shall have front and rear yards not less than the depths as follows:
(a) 
Front yard depth: 20 feet minimum, except that no front yard setback is required for buildings fronting on Northern Boulevard.
(b) 
Rear yard depth: 12 feet minimum, provided that the rear yard shall, in no event, be less than the height of the building.
F. 
Business B Districts.
(1) 
The height of any building in a Business B District shall not exceed 15 feet, and such building shall not consist of more than one story.
(2) 
No building, main or accessory, shall be constructed on a lot having an area of less than 1,000 square feet.
(3) 
The building area, main and accessory, shall not exceed 25% of the lot area.
(4) 
Each building area shall have front and rear yards not less than the depths as follows:
(a) 
Front yard depth: 40 feet minimum, except that no front yard setback is required for buildings fronting on Northern Boulevard.
(b) 
Rear yard depth: 12 feet minimum, provided that the rear yard shall, in no event, be less than the height of the building.
(5) 
All structures located in the Business B District on June 1, 1965, may continue as nonconforming structures.

§ 105-195 Measurement of yard dimensions.

All front yard, rear yard and side yard dimensions specified in Residence A, B and C Districts and in Business A and B Districts are to be measured to the building line or 24 inches inside of any overhang exceeding 24 inches.

§ 105-196 Height and bulk schedule.

The above restrictions are set forth in Schedule A, Limiting Height and Bulk of Buildings, annexed hereto and made a part of this chapter.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.

§ 105-197 Average setback line.

A. 
In any residence district, no building or any porch thereof shall be erected and no building or any porch thereof shall be reconstructed or altered so as to project in anywise beyond the average setback line observed by the buildings on the same side of the street within the block at the time of the passage of this chapter. Where there are existing buildings at the time of the passage of this chapter on only one side of the street within the block, then the setback line on the vacant side shall be the same as the average setback line on the improved side of the street within the block; provided, however, that no new building shall be erected with any portion thereof nearer to the street line than 30 feet, irrespective of any provision hereinabove to the contrary. The foregoing rule shall, however, in no case, be applied so as to keep the street walls, walls or porches of buildings further back from the street line than the minimum depth of front yard indicated in the Schedule Limiting Height and Bulk of Buildings[1] for the district in which such building is located. Where there is no existing building on either side of the street within the block, no new building shall be erected with its street wall, walls or porches nearer the street line than the minimum depth of front yard shown for each respective district in the schedule.
[1]
Editor's Note: The Schedule Limiting Height and Bulk of Buildings is included at the end of this chapter.
B. 
The average setback line observed by buildings on the same side of the street within 200 feet on each side of the lot in question shall control, in lieu of the average setback line within the block, where the block affected has a length of more than 1,500 feet between its intercepting or intersecting streets.

§ 105-198 Prohibited construction.

[Added 8-12-2002 by L.L. No. 2-2002[1]]
Wood-frame construction shall be prohibited except for single-family dwellings.
[1]
Editor's Note: This local law also repealed former § 105-198, Corner lots.

§ 105-199 Ventilation; courtyards.

A. 
Except as otherwise provided in this chapter, every room in which persons live, sleep, work or congregate shall have at least one window or ventilating skylight opening directly either upon a street or upon a rear yard, front yard, inner court or outer court located upon the same lot and conforming to the requirements prescribed by this chapter as to its minimum area and least dimensions.
B. 
Courtyards and other open spaces, if provided in addition to those required by this chapter, need not be of the area and dimensions herein prescribed.

§ 105-200 Rear yards.

A. 
A rear yard extending along the rear lot line shall be required on every lot or portion thereof where the rear line of the lot is more than 55 feet back from the nearest street. This provision shall, however, not apply to a corner lot situated in a business district.
B. 
An interior lot running through the block from street to street or to within 55 feet of another street shall not be required to provide a rear yard when improved with a single building.

§ 105-201 Court and yard area to be unobstructed.

The area required in a court or yard at any given level shall be open from such level to the sky unobstructed, except for the ordinary projections of skylights and parapets above the bottom of such court or yard, and except for the ordinary projections of window sills, belt courses, cornices and other ornamental features to the extent of not more than four inches.

§ 105-202 Applicability of height provisions.

A. 
The height provisions of this chapter shall not apply to the erection of church spires, belfries and towers designed exclusively for ornamental purposes, chimneys, fines or gas holders. The height provisions of this chapter shall, moreover, not apply to bulkhead, elevator enclosures or water tanks occupying in the aggregate less than 10% of the area of the roof on which they are located.
B. 
Nothing in this Article shall prevent the erection above the height limit of a parapet wall or cornice extending above such height limit not more than three feet.

§ 105-203 Area regulations for courts and shafts.

Courts or shafts used exclusively for lighting and ventilating bathrooms, toilet compartments, hallways or stairways need not comply with the area regulations of the different districts. Such courts or shafts shall, however, not be less than 15 square feet in area nor less than three feet in width.

§ 105-204 Placement of dwellings or hotels in rear portion of lot.

No dwelling or hotel erected after the passage of this chapter shall be constructed in back of or to the rear of buildings on the front of the lot. No building not now used as a dwelling or hotel and situated in back of or to the rear of buildings on the front of the lot shall be altered or used after the passage of this chapter as a dwelling or hotel. This provision shall, however, not prohibit the erection and maintenance of dwelling quarters in connection with an accessory building upon the rear of the lot, provided the persons occupying such quarters are employed in domestic service upon the premises.

§ 105-205 Restriction on number of families in dwellings or hotels.

No dwelling or hotel shall be erected or altered to accommodate or make provision for more families than the number indicated in the Schedule Limiting Height and Bulk of Buildings, for the district in which such dwelling or hotel may be located. The area of no plot shall, for the purpose of this section, be deemed to exceed 100 feet back from its street front.