Lynbrook City Zoning Code
ARTICLE XI
Multiple Dwellings and Apartment Houses
§ 252-86 Definitions and word usage applicable to Article.
A. AISLE BASEMENT BUILDING AREA BUILDING HEIGHT CURB LEVEL EGRESS and INGRESS MULTIPLE DWELLING OFF-STREET PARKING SETBACK STORY STREET LINE STREET WALL
As used in this article, the following terms shall have the meanings indicated:
The space required for access to each off-street parking space, and shall be a minimum of 22 feet in width for the entire necessary length.
A story partly underground but having more than 1/2 of its cubical contents above the level of the lawfully established street curb grade and shall be considered a story.
The area of a horizontal plane at the ground level upon which a structure is erected, the boundaries of which are determined by projecting vertical planes from the building walls of such structure, using those walls in each case which are nearest to their respective lot line.
The vertical distance measured, in the case of flat roofs, from the lawfully established grade of the street curbs to the level of the highest point of the parapet walls and, in case of pitched roofs, from said street curb grade to the top. In all instances the height shall be measured from the street curb grade to the highest point of the building.
The lawfully established grade of the curb at that point on the street line immediately in front of the building.
The primary means of egress and ingress to a multiple dwelling shall face a public highway or thoroughfare.
A building of any kind which is used or intended to be used or occupied as a residence by three or more families, as defined by the Multiple Residence Law of the State of New York.
That amount of land area equivalent to 300 square feet for each parking space required. The required parking space for an automobile shall be nine feet by 20 feet, and the excess is to be utilized for egress and ingress for each vehicle. All areas for off-street parking of vehicles shall not be located in any setback areas required for any building.
Of buildings and the size of the yards, whenever required in this article, and except as otherwise specially provided herein, the distance from the lot line to the nearest exterior finished wall of the building, which shall include the foundation or wall of any attached garage, open or enclosed porch, chimney and all other projections except window wells and unenclosed entrance steps, which steps shall not extend more than five feet from the main foundation wall.
A space between the level of one finished floor and the level of the next highest finished floor or, if the top story, the space between the level of the highest finished floor and the finished ceiling immediately above. A half story shall not be used for living purposes.
The dividing line between a public or private street and a lot.
The main foundation wall of a building or part of a building which is enclosed and nearest to the street line, except vestibules and minor projections.
B.
Words in this article are defined for the purpose thereof as follows: words in the present tense include the future; the singular number includes the plural and the plural includes the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; and the word "shall" is always mandatory.
§ 252-87 Districts in which prohibited.
[Amended 11-20-1967 by Ord. No. 67-7]
Multiple dwellings are expressly prohibited in Dwelling A and B, Light Manufacturing and Industrial Districts in the Village.
§ 252-88 Density and lot area requirements.
No structure shall be raised and no building or part thereof shall be erected, altered to be used and occupied as a residence by more than 45 families per acre or more than a proportional number of families on any fractional part of any acre of land, and the lot for each such structure shall have a street frontage of not less than 75 feet and a plot area of 7,500 square feet shall be the minimum requirement.
§ 252-89 Maximum coverage.
The building area used for the erection of multiple dwellings, including all accessory buildings, shall not exceed 40% of the lot area.
§ 252-90 Height restrictions.
[Amended 8-12-1991 by L.L. No. 5-1991]
No multiple dwelling shall be raised, altered or erected greater in height than 2 1/2 stories, which height shall not exceed an aggregate of 30 feet. Such structure may have false peaks or gables not exceeding an additional five feet in height.
§ 252-91 Required setbacks.
The main front foundation wall of a multiple dwelling shall, in all cases, set back not less than 25 feet from the front lot line. No part of any projection thereof, except an open porch, shall extend more than five feet beyond the main foundation wall, and no part of any projection, including an open porch, shall extend nearer than 20 feet to the front street line.
§ 252-92 Side yards.
A side yard is required along each side of a multiple dwelling. Each side yard shall be not less than 20 feet in width, except where such plot adjoins a plot in Dwelling A District and Dwelling B District, in which case the side yard adjoining Dwelling A District and Dwelling B District plots shall not be less than 30 feet in width.
§ 252-93 Rear yards.
A rear yard is required on every lot developed for multiple dwelling. The depth of such rear yard shall be at least 20 feet, and, in the event the plot adjoins a plot in Dwelling A District and Dwelling B District, in such case the rear yard adjoining the Dwelling A District and Dwelling B District shall not be less than 30 feet.
§ 252-94 Permitted projections.
Nothing in this article shall prevent the projection of a cornice beyond the street wall of a multiple dwelling to an extent not exceeding one foot, nor prevent the erection above the height limit of cornice thereof solely for ornamental purposes to a height of not more than five feet, nor prevent the construction of eaves on a multiple dwelling extending not more than one foot into the required setback area as defined in § 252-91 hereof.
§ 252-95 Required lighting and ventilation.
Every room in a multiple dwelling in which persons live, sleep, work or congregate shall be adequately and naturally lighted and ventilated by at least one window opening directly upon the street, yard or court which is located on the same lot, and such court shall have an unobstructed exit to the street. These provisions shall not be deemed to apply to air shafts, hallways or stairways.
§ 252-96 Restrictions on use of basements.
A basement in a multiple dwelling shall not be used for persons to live or sleep, and its use shall be solely for the mechanical and heating apparatus to serve the multiple dwelling, for storage as an accessory use for the tenants and for parking tenants' vehicles, and no part shall be used to conduct any business, for operating coin vending machines, except machines to launder and dry linens and wearing apparel utilizing only water as a liquid and as an accessory to the laundering and cleaning process.
§ 252-97 Stores and businesses prohibited.
It shall be unlawful to erect, alter or use any part or portion of an apartment house or multiple dwelling as a store or as a place of business, and such use therein is hereby prohibited, except that a legally recognized professional occupation may be pursued therein.
§ 252-98 Location requirement on corner lots.
The main foundation wall of a multiple dwelling on a corner lot shall not extend nearer than 25 feet to any street line or municipal parking field upon which the plot adjoins and shall not extend nearer than 20 feet to any other property line.
§ 252-99 Off-street parking requirements.
[Amended 10-10-1974 by L.L. No. 2-1974; 10-26-1992 by L.L. No. 11-1992]
Provision shall be made on the same plot upon which a multiple dwelling is erected for off-street parking spaces for private passenger automobiles only, in a number equal to 250% of the number of apartment suites and for all other multiple dwellings providing accommodations for transients.
§ 252-100 Grading and landscaping.
An area no less than eight feet wide immediately adjacent to and extending around the rear sides of the building and an area of no less than 25 feet in width immediately adjacent to and extending across the front of the building, except a walk from the sidewalk to the building, shall be graded, landscaped and continuously maintained as open and unencumbered area. An area no less than four feet wide at the perimeter of the plot and lot line extending the full length of the side yards and an area of no less than eight feet wide extending the full width of the rear yard shall be graded, landscaped and continuously maintained as open and unencumbered access. All other open areas of the whole plot used for driveways and parking for automobiles shall be surfaced with drainage facilities to remove stormwater.