Mill Neck City Zoning Code
ARTICLE VII
Accessory Uses
§ 129-55 Regulations.
An accessory use, as defined in § 129-6, shall be subject to the following regulations:
A.
Such accessory use is operated and maintained under the same ownership or by lessees thereof and on the same lot as the principal permitted use to which it is accessory, except that accessory farming may be permitted on land adjacent to and under the same ownership as the premises to which such farming is accessory.
B.
Such accessory use does not involve or include any use, building, structure or structural feature inconsistent with the principal permitted use.
C.
No accessory use shall be operated and no accessory building or structure shall be erected on any lot prior to the time of the operation of the principal use or of the construction of the main building to which it is accessory, as the case may be.
D.
In any district a use or building accessory to a principal dwelling may include, among others, the following, when used for noncommercial purposes customarily incidental to those of the principal dwelling:
E.
The following regulations shall govern the keeping of animals and fowl for domestic purposes:
(1)
Such animals or fowl are not maintained for commercial purposes.
(2)
They are housed in suitable structures, which shall not be located in any minimum yard prescribed by these regulations.
(3)
No manure, fertilizer or compost shall be made or stored within any minimum yard prescribed by these regulations.
(4)
Conditions under which saddle horses, cows, sheep or fowl are kept shall be such as may be prescribed by the County Department of Health or by other ordinances of the Village.
(5)
The location of stables, barns and sheds used to shelter horses or other livestock shall be subject to the minimum yard requirements for accessory buildings as set forth in this Zoning Ordinance, except that any private riding ring, private paddock, corral or other roofless enclosure for horses and livestock shall be located not less than 25 feet from any lot line in the Residence R2 District and 25 feet from any side or rear lot line in the Residence E1 District or 50 feet from the front lot line in the Residence E1 District. No keeping of horses or other livestock shall be permitted in the Residence R1 District.
[Added 3-7-1989 by L.L. No. 1-1989]
F.
No accessory use shall include a business, commercial or industrial use or activity, except that this provision shall not apply to the incidental sale of products grown on the premises in connection with a permitted accessory farming use.
§ 129-56 Location of accessory uses and structures.
A.
No accessory use or accessory building or structure shall be located within any minimum yard or court prescribed by this chapter, except that a one-story detached garage accessory to a principal dwelling shall be set back at least three feet from the side or rear lot line in R1 Districts and except as may otherwise be approved by the Board of Appeals or as may otherwise be specifically provided herein. (See §§ 129-47 and 129-55 and Chapter 51, Fences.)
B.
Any uses or buildings accessory to a park or reservation may occupy in the aggregate an area which shall not exceed the maximum building cover permitted in the district.
C.
When any accessory building or structure, other than a subterranean air-raid or fallout shelter, is attached to or constructed as a part of the main building to which it is accessory, it shall be subject to the yard requirements of the main building.
D.
Buildings and structures accessory to a park or reservation shall comply with all yard requirements of this chapter for a main building in the particular district.
E.
Accessory aboveground fuel tanks shall be set back at least 10 feet from any dwelling and shall be screened from the view of neighboring properties.
[Added 10-6-1992 by L.L. No. 8-1992]
§ 129-57 Height and area of accessory structures.
[Amended 3-7-1989 by L.L. No. 1-1989; 11-6-2007 by L.L. No. 2-2007]
A.
Subject to the measuring requirements set forth in § 129-49, no accessory building or structure shall exceed either 2 1/2 stories or 30 feet in height in the Residence R2 and Estate E1 Districts, and no such building or structure in the Residence R1 Districts shall exceed either 1 1/2 stories or 12 feet in height.
B.
The footprint of a roofed accessory building or structure shall not exceed 500 square feet in the Residence R1 Districts and 1,200 square feet in the Residence R2 and Estate E1 Districts.