New Hyde Park City Zoning Code
ARTICLE VII
Locations of Accessory Structures in Residence Zones
§ 195-15 Restrictions.
[Amended 1-21-1997 by L.L. No. 2-1997]
In the residence zones, with the exception of a fence as authorized and permitted in conformity with the provisions of §§ 195-5 and 195-17 of this chapter and/or a sign as authorized and permitted in conformity with the provisions of §§ 195-5 and 195-18 of this chapter, no person shall erect, construct, reconstruct, alter, extend, use or maintain upon any premises any accessory building, structure or improvement which:
A.
In the case of any interior lot fronting upon only one street, encroaches or will encroach in or upon that half of the total lot depth parallel to and adjoining the street fronting such lot.
B.
In the case of any interior through lot fronting upon two or more streets, encroaches or will encroach in or upon that quarter of the total lot depth that is parallel to and adjoining each and every street fronting upon such lot.
C.
In the case of any corner lot fronting upon two or more streets, encroaches or will encroach in or upon that half of the total lot depth that is parallel to and adjoining the narrower street frontage(s) and/or encroaches or will encroach in or upon that quarter of the total lot width that is parallel to and adjoining the wider street frontage(s). Where the frontage on each street is equal, the owner may elect which such frontage shall be deemed the narrower and which the wider for purposes of this subsection.
D.
Encroaches or will encroach in or upon that portion of any lot which lies within three feet of any adjoining lot boundary line.
E.
Encroaches or will encroach in or upon that portion of the lot which lies within 10 feet of and is parallel to that part of the side lot line of the same premises which is contiguous with that part of the side lot line of a separate, adjoining residential lot and which bounds the front yard of such adjoining premises.
§ 195-16 Definitions.
For purposes of this article, the following words or phrases shall have the meanings ascribed:
Any fence having more than 50% of each lateral running foot of the vertical plane of its face surface composed or constructed of solid, opaque materials which thereby obstruct or prevent the direct viewing of objects on one side of such plane, through such plane, from a point on the opposite side thereof, in either direction.
Any structure, other than a building, either designed, used, maintained or intended as a physical or architectural barrier to set off, screen, bound, secure or enclose real property, and which thereby limits, prevents or otherwise restricts ingress to and egress from such property.
That portion of an improved residential lot or parcel which lies on and between the side lot lines and on and between the front lot line and the front building line of such residential dwelling.
Determined as that measurement made from the average surrounding grade to the average uppermost continuous horizontal limits of the fence, exclusive of post tops, finials, caps or pole ends, provided that such excluded or excludable components are separated by an average distance not less than four feet, and do not exceed the average uppermost limits aforesaid by more than six inches.
That portion of a residential lot or parcel, improved by a residential building, which lies on and between the side lot lines and on and between the rear lot line and the rear building line of such residential dwelling.
That portion of an improved residential lot or parcel which lies on and between either side lot line and the nearest adjacent side building line of the residential dwelling erected on such parcel, and between the rear yard and front yard of such premises.
§ 195-17 Fences.
[Amended 1-21-1997 by L.L. No. 2-1997]
A.
In the residence zones, no fence shall at any time be erected, constructed, reconstructed, altered, extended, used or maintained upon any premises except in strict conformity with all currently applicable provisions of this chapter and Chapter 101, Fences, of the Village Code. With respect to the foregoing requirements, in the event that any conflict or inconsistency shall be found to exist between an applicable provision of this chapter and any corresponding provision of Chapter 101 of the Village Code, then in such event the proviso set forth and contained in § 195-57, under Article XVI of this chapter, shall be deemed controlling.
B.
Notwithstanding the provisions of the preceding subsection, nothing in this section or in Chapter 101 of the Village Code shall be deemed or construed to prevent the continued maintenance and use of an existing legal nonconforming fence up to and including the 31st day of August 2000, after which date every such nonconforming fence shall have been removed, or shall have been so reconstructed, altered, relocated or replaced as to fully conform to the requirements prescribed in the said preceding subsection. For the purposes of this subsection, the term "legal nonconforming fence" shall mean and refer only to an existing permanent fence lawfully constructed of its current component materials and in its present dimensions and lawfully erected and installed at its current location prior to April 18, 1989.
§ 195-18 Signs.
[Amended 1-21-1997 by L.L. No. 2-1997]
In the residence zones, no sign shall at any time be erected, constructed, reconstructed, altered, extended, used or maintained upon any premises except in strict conformity with all currently applicable provisions of this chapter and Chapter 156, Signage and Advertising, of the Village Code. With respect to the foregoing requirements, in the event that any conflict or inconsistency shall be found to exist between an applicable provision of this chapter and any corresponding provision of Chapter 156 of the Village Code, then in such event the proviso set forth and contained in § 195-57, under Article XVI of this chapter, shall be deemed controlling.