New Hyde Park City Zoning Code
ARTICLE I
General Provisions
§ 195-1 Definitions.
A.
Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure."
B. BUILDING BUILDING, ACCESSORY BUILDING AREA BUILDING COVERAGE BUILDING, MAIN CORNER LOT CURB LEVEL DEPTH OF A LOT FLOOR AREA RATIO (F.A.R.) FRONT YARD GROSS FLOOR AREA HEIGHT OF A BUILDING HEIGHT OF A COURT OR YARD INNER COURT INTERIOR LOT LEAST DIMENSION OF A COURT OR YARD LENGTH OF AN OUTER COURT LINE OF BUILDING LOT MOTOR VEHICLE MOTOR VEHICLE REPAIR SHOP MOTOR VEHICLE SERVICE STATION NONCONFORMING BUILDING OR USE OUTER COURT REAR YARD SIDE YARD STORY STREET LINE
As used in this chapter, unless otherwise indicated, the following terms shall have the meanings indicated:
Any structure, composed of an attached roof and its supporting walls or columns and foundation, enclosing one or more floors of interior space and designed and intended to house, shelter or protect persons, animals or property.
[Added 6-15-1999]
A building, subordinate to and usually smaller than a separate main building located on the same lot or parcel, which is designed and intended, or otherwise so used, for some purpose(s) customarily and necessarily incidental to the lawful use and occupancy of the separate main building.
[Added 6-15-1999]
The maximum horizontal projected area of a building and its accessories.
The percentage of the total lot area of an improved lot or parcel that is covered by the combined areas of the main building and all separate accessory buildings (if any) located and erected upon its premises, as determined by using the horizontal measurements taken between the exterior finished faces of the outside vertical walls of each building at the points on and along the horizontal plane, formed by the average surrounding level grade, at which each such wall intersects such plane or, in the case of the walls of cantilevered or column-supported sections of such building which do not extend down to meet such grade, where such walls would intersect such plane if they were, in fact, so extended.
[Added 6-15-1999]
The sole or principal building in which is conducted the primary use(s) and occupancy of the lot or parcel on which It is situated.
[Added 6-15-1999]
For the purpose of determining the percentage of area that may be built upon in business and industrial zones, a parcel of land not over 50 feet in width at the junction of and fronting on two intersecting streets.
The permanently established grade of the street in front of the lot. Where the lot level is higher than the curb level, the average level of the former along the wall in question may be taken as the base for measuring the height of a side yard, inner court or outer court. Where a lot fronts upon two or more streets of different levels, the curb level of the higher street may be taken as the base for measuring the height of open spaces and buildings to a distance 100 feet back from the street with the higher curb level.
The mean distance from the street line of the lot to its rear line measured in the general direction of the sidelines of the lot.
The ratio of the combined gross floor area of all buildings, in square feet, to the total lot area of the lot or parcel on which they are situated, in square feet. This calculation shall be computed by adding together the gross floor area of each floor in each building in which the floor-to-ceiling height averages seven feet six inches or more, plus that portion of the floor area of any attic or loft lying immediately under the building's roof and in which the floor-to-ceiling height exceeds four feet or more, provided that at least 70 square feet of the floor area of such attic or loft has headroom of at least seven feet, and provided further that such attic or loft is accessible from the next floor below by way of a permanent built-in interior staircase. In its application to the provisions of Subsection B of § 195-23.1 of this chapter, the floor area ratio shall be determined by calculating the gross floor area of the dwelling alone or, if there be no dwelling, then of the other main building situated on the lot or parcel, and shall not include the gross floor area of any detached accessory building(s) simultaneously located on the same premises.
[Added 6-15-1999]
An open, unoccupied space on the same lot with a building situated between the street wall of the building or any porch thereof, and the street line of the lot. With respect to property which is zoned or used for one-family or two-family residential purposes, the paving limitations set forth in § 84-2 shall be applicable. Additionally, any paved or partially paved driveway or parking area shall be separated from an adjacent property line by a green belt of at least one foot in width and shall be separated from any walkway from the sidewalk to the residence by a green belt of at least two feet in width. No motor vehicles may be parked or stored in a front yard other than on the paved or partially paved driveway or parking area permissible under this Code. Any parked or stored vehicle on the paved or partially paved driveway or parking area permissible under this Code may not encroach more than three feet into the front of the house.
[Amended 11-12-2002 by L.L. No. 5-2002; 10-16-2018 by L.L. No. 3-2018]
The aggregate sum of the gross floor areas of each of the several floors of a building, including interior balconies and mezzanines and any roofed and fully-enclosed garage, entrance anteroom, porch or other similar space physically attached to, and directly accessible from, any interior part or portion of such building but, in the case of one- or two-family residential dwellings only, excluding the floor area of basements and cellars. For the purposes of calculating and determining the gross floor area of any particular floor, the horizontal dimensions shall be taken and measured at the level of the horizontal plane lying between, and intersected by, the outside finished surfaces of all exterior vertical walls enclosing the overall space of that floor.
[Added 6-15-1999]
The vertical distance measured in the case of a flat roof from the curb level to the highest point of the roof beams adjacent to the street wall, and in the case of pitched roofs from curb level to the maximum height of the ridge beam or the peak of the roof. In the case of both flat roofs and pitched roofs, the measurement shall be made through the center of the street facade. Where no roof beam exists or there are structures wholly or partly above the roof, the height shall be measured from the curb level to the highest point of the building. Where the walls of the building do not adjoin the street, the average level of the ground along the front of the building may be taken in measuring height instead of the curb level.
[Amended 1-24-2006 by L.L. No. 1-2006]
The vertical distance between the lowest level of such court or yard to the highest point of any bounding wall. Where there is a gable or mansard the height provided the combined width of all the dormers in the roof shall not exceed 30% of the length of the building on the court or yard. In case the combined width of all the dormers exceeds 30% of the length of the building on the court or yard, the height shall be measured to the eaves of the highest dormer. In any given case, the height of a court or yard all be measured to the eaves, gable or mansard, giving it the maximum height.
An open, unoccupied space on the same lot with a building and not extending to either the street or the rear yard.
A lot other than a corner lot.
The least of the horizontal dimensions of such court or yard.
The horizontal distance between the end opening on a street or a rear yard and the end opposite such street or rear yard.
That part of the front building nearest the building lines supported in a perpendicular position by some means or other from below.
A parcel of land occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter.
Any self-propelled apparatus or device defined as a motor vehicle in the New York State Vehicle and Traffic Law or under rules, orders, regulations or decisions of the Department of Motor Vehicles of the State of New York.
[Added 10-19-82 by L.L. No. 6-1982]
Includes any lot, plot, building or structure, or part thereof, designed, erected, used or intended for the construction, reconstruction, repair, modification, rebuilding, painting or repainting of the body, chassis or other structural parts, systems or components of motor vehicles which have been damaged, while the same are in or upon the premises.
[Added 10-19-82 by L.L. No. 6-1982]
Includes any plot, lot, building or structure, or part thereof, designed, erected, used or intended for the sale of gasoline, kerosene, diesel or other motor fuels by filling pumps, tanks or devices capable of depositing the same directly into the fuel storage tanks of private motor vehicles entering in or upon such premises for such purpose; for the mechanical servicing, lubricating, repair or maintenance of any such motor vehicle or their components, systems or parts, while the same is in or upon the premises; or for the examination, testing or official inspection of any such motor vehicles, their components, parts or systems, while the same are in or upon the premises.
[Added 10-19-82 by L.L. No. 6-1982]
One that does not conform to the regulations of the zone in which it is situated.
An open, unoccupied space on the same lot with a building extending to either the street or the rear yard.
An open, unoccupied space on the same lot with a building between the rear wall of the building and a rear line of the lot.
An open, unoccupied space on the same lot with a building situated between the building and the sideline of the lot and extending through from the street to the rear yard, or where no rear yard is required, to the rear line of the lot.
That part of a building between any floor and the floor above or in its absence the ceiling or roof above. A story which extends less than eight feet above the curb level shall not be counted in determining the number of stories. Any story under the pitched roof at the top of a building, the floor of which is not more than two feet below the plate, shall be counted a half story when not more than 60% of said floor area is used for rooms, baths or toilets; otherwise it shall be counted as that portion of a story which its floor area in rooms, baths and toilets bear to the entire floor area.
The dividing line between the street and the lot.
§ 195-2 Classification of zoning districts; Zoning and Planning Map.
[Amended 7-18-1995 by L.L. No. 1-1995]
A.
Pursuant to the authority vested by Article 7 of the Village Law of the State of New York, as amended, and for the purpose or purposes set forth and described in §§ 7-700, 7-702 and 7-704 thereof, made applicable within the Village of New Hyde Park by the provisions of this chapter, all of the lands or territory falling within and bounded by the corporate limits of said Village shall be divided into, and included within, one or another of the zoning districts set forth and classified in Subsection B of this section, the respective boundaries of which districts shall be as fixed and determined upon the Official Zoning and Planning Map identified in, and incorporated by, Subsection C of this section.
B.
For the purposes of this chapter, the following districts (zones) shall be and shall constitute the zoning district classifications of and for the Village of New Hyde Park:
Residence Districts (R Zones) | |
Business Districts (B Zones) | |
Commercial Districts (C Zones) | |
Industrial Districts (I Zones) | |
Accessory Parking Districts (AP Zones) | |
Municipal Parking Districts (MP Zones) |
C.
For the purposes of this chapter, that certain map of the Village, entitled "Zoning and Planning Map, Incorporated Village of New Hyde Park, Nassau County, New York," as drawn and revised February 1995, by the Sear-Brown Group, Village Engineers, is hereby adopted as the current Official Zoning and Planning Map of the Village and is hereby incorporated by reference and made a part of this chapter; and the respective area and boundaries of each of the several zoning districts as may be classified hereinabove shall be as actually laid out and shown, marked and identified on the one or more consecutively numbered separate sheets or folios constituting and comprising the whole of such official map, as currently adopted or as hereafter amended.
D.
Upon its initial adoption, an original complete copy of the Official Zoning and Planning Map referred to hereinabove shall be filed with the Village Clerk, and upon any subsequent formal amendment thereto, a duly revised copy thereof shall likewise be filed with such officer. All filed copies of such official map, whether original or revised, shall be kept and maintained in the Village Clerk's office as permanent public records and shall be made available for public view and inspection at all reasonable times during the regular business hours of such office. The Village Clerk and/or his or her duly appointed deputies shall at all times be deemed authorized and empowered to certify and issue to any person, upon payment of any lawful and proper fees or charges therefor, a true and complete photocopy or other exactly reproduced duplicate of such filed and recorded official map or of any separate-numbered sheet, folio or other designated section constituting a part thereof; and any such photocopy or other exactly reproduced duplicate of such filed and recorded official map, when bearing the official certification of such Clerk or one of his or her said deputies, may be introduced into evidence in any action or proceeding before any court or other tribunal, or may be used for any other lawful purpose, to the same degree and with the same force and effect as the filed and recorded original thereof.
§ 195-3 Conformance with general and special provisions required.
[Amended 7-18-1995 by L.L. No. 1-1995]
A.
All land or lands, and all uses, buildings, structures or other improvements now or hereafter situated thereon or conducted therein, located in each of the zoning districts of the Village as established and classified in Subsection B of § 195-2 of this chapter and as bounded and described upon the Official Zoning and Planning Map adopted pursuant to Subsection C of said section, except for lands owned, leased or otherwise held or controlled, and improved and/or occupied, by any federal, state or municipal entity or agency for a governmental or public park and recreation purpose, shall be uniformly subject to, and shall strictly conform to, all regulations, restrictions, limitations and requirements set forth in this chapter, whether generally or specifically applicable thereto.
B.
In carrying out the provisions of the preceding subsection, the provisions of any article or section of this chapter, enacted with specific reference and application to any one or more (but not all) particular class(es) of zoning districts identified in and under this chapter, shall be given precedence over any other provisions of this chapter having general applicability to or within all of such classes. In the event that any such specific provision(s) shall actually conflict with or contradict any such general provision(s), the former shall be deemed and construed to supersede the latter in force and effect within the applicable and affected class(es) of zone.[1]
§ 195-3.1 Reimbursable expenses.
[Added 10-20-2015 by L.L. No. 5-2015]
No building permit, special permit or variance shall be issued pursuant to the provisions of this chapter until all expenses incurred by a presiding Village Board for consultation fees (including engineering, architectural and legal) or other extraordinary expenses in connection with the review of the application are reimbursed to the Village by the applicant. At the time of application, the applicant shall deposit with the Village Clerk/Treasurer such amount to cover consultation fees and extraordinary expenses as shall be established, from time to time, by resolution of the Board of Trustees. In instances where such expenses are minimal, the requirement for reimbursement of expenses may be waived by resolution of the Board of Trustees.[1]
[1]
Editor's Note: Former § 195-3.2, Development incentive bonuses, added 6-20-2018 by L.L. No. 1-2018, as amended, which immediately followed this section, was repealed 3-4-2021 by L.L. No. 2-2021.