New Hyde Park City Zoning Code
ARTICLE X
Height and Area Regulations
§ 195-27 Word usage.
Unless otherwise expressly provided, the terms "rear yards," "front yards," "side yards," "inner court" or "outer court," when used in this chapter, shall be deemed to refer only to a rear yard, front yard, side yard, inner court or outer court required by this chapter.
§ 195-28 Minimum requirements; conformance.
No lot area shall be so reduced or diminished that the yards, courts or other open spaces shall be smaller than prescribed by this chapter. No existing building shall be altered, enlarged or rebuilt except in conformity with the regulations herein prescribed.
§ 195-29 Ventilation.
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, side 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. Courts, yards and other open spaces, if provided in addition to those required by this chapter, need not be of the area and dimensions herein prescribed. No yard, court or other open space provided about any building for the purpose of complying with the provisions of this chapter shall again be used as a yard, court or other open space for another building. The provisions of this chapter shall not be deemed to apply to courts or shafts for bathrooms, toilet compartments, hallways or stairways.
§ 195-30 (Reserved) [1]
[1]
Editor's Note: Former § 195-30, Rear yard provisions, was repealed 11-27-2007 by L.L. No. 8-2007.
§ 195-31 (Reserved) [1]
[1]
Editor's Note: Former § 195-31, Interior lots, was repealed 11-27-2007 by L.L. No. 9-2007.
§ 195-32 Accessory buildings.
[Amended 11-17-1987 by L.L. No. 1-1987; 6-5-1990 by L.L. No. 4-1990]
A.
In the residence zones, accessory buildings and structures in excess of 12 inches in height above average surrounding grade, other than fences, shall not occupy, in the aggregate, more than 40% of the lot area of any rear yard required to be provided under the provisions of this chapter.
B.
In residence zones, no accessory garage shall be constructed below grade, nor shall any such accessory garage be constructed or erected to a height which exceeds a maximum height of 14 feet as measured from the surrounding average grade to the uppermost point of the topmost limit of such structure, and no accessory shed or other accessory structure shall be so constructed or erected which exceeds 100 square feet of area by eight feet high measured from the surrounding average grade to the uppermost point or topmost limit thereof.
[Amended 11-16-2000 by L.L. No. 8-2000; 7-21-2009 by L.L. No. 4-2009]
C.
In the business and industrial zones, no garage, shed or other accessory building or structure, when located within 10 feet of any residentially zoned lot or parcel, shall be so erected or constructed which exceeds a maximum height of 14 feet as measured from the surrounding average grade to the uppermost point or topmost limit of such structure.
D.
Where the provisions of this section shall impose greater restrictions than those set forth in the provisions of any other section of this chapter or of any law, ordinance, rule or regulation, the provisions of this section shall be deemed superseding and controlling.
§ 195-33 Courts, yards and shafts.
A.
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 windowsills, belt courses, cornices and other ornamental features to the extent of not more than four inches.
B.
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 zones. Such courts or shafts shall, however, not be less than 15 square feet in area nor less than three feet in width.
§ 195-34 Locations of dwellings.
[Amended 11-17-87 by L.L. No. 1-1987]
No dwelling erected after the passage of the Building Zone Code shall be located or constructed, either in whole or in part, in back of or to the rear of buildings on the front of the lot on which they are situated. No dwelling or tenement erected prior to the adoption of the Building Zone Code and located or constructed in whole or in part in the back of or to the rear of buildings on the front of the lot on which such dwelling or tenement is located shall be extended, reerected, reconstructed, altered or otherwise modified or improved, except by variance of the terms of this provision by the Board of Zoning Appeals upon a showing of unnecessary hardship to the owner of such premises.