Stewart Manor City Zoning Code
ARTICLE VI
Accessory Uses and Structures
§ 200-30 Permitted accessory uses and structures in Residential District.
In the Residential District, no accessory use or structure shall be permitted except as follows, and all shall require a permit:
B.
Storage sheds, if of sturdy construction, reasonable material and erected with quality workmanship. No such sheds shall exceed eight feet in height, nor shall they be located closer than four feet to the property line.
C.
Permanent masonry barbecues, if of sturdy construction, reasonable material and erected with quality workmanship. No such barbecue shall exceed eight feet in height, nor shall they be located closer than four feet to the property line.
E.
Decks and porches conforming to this chapter. Such decks and porches shall be subject to the maximum building area provisions of this chapter. All decks may be built within 15 feet of the rear property line. In the event of a duplex dwelling, decks may be built to the side property line if such decks are 32 inches or less above grade but must observe a fifteen-foot rear yard setback. If such decks are built within three feet of the side property line, a privacy fence must be installed at a height of five feet above the platform of the deck for the length of the entire deck. The privacy fence must be removed upon the removal of the deck.
[Amended 11-13-2012 by L.L. No. 8-2012]
G.
Stoops and stairs.
I.
Driveways and walks.
J.
Lightpoles not exceeding eight feet in height.
K.
Flagpoles not exceeding 18 feet in height.
N.
Retaining walls, not exceeding 16 inches in height on front or side property and not exceeding 60 inches on rear property.
O.
Professional offices for physicians, dentists, architects, accountants, professional engineers or lawyers are permitted, provided that they be located in the same dwelling unit in which the practitioner resides. Such use shall be confined to the ground floor of the building and shall occupy not more than 25% of the maximum building area. Further, not more than three persons shall be regularly engaged in such professional activities, there shall be no confinement of any person under care or treatment and there shall be no advertising other than a sign, subject to § 200-52 of this chapter.
P.
Fire pits. A fire pit, for the purpose of this chapter, is any temporary portable freestanding vessel/structure in which a fire is kept burning for either cooking or warmth or recreational outdoor use. These fire pits, which are temporary in nature, are permissible and must:
[Added 9-4-2018 by L.L. No. 2-2018]
(1)
Be set upon a fire-resistant surface;
(2)
Have a minimum setback of 10 feet from all property lines;
(3)
Be set a minimum of 10 feet from all other structures and brush/vegetation;
(4)
Not be utilized for burning any chemical substances;
(5)
Be screened while burning wood and covered with a fire-resistant cover after any such use; and
(6)
Be extinguished no later than 11:00 p.m.
§ 200-31 Permitted accessory uses and structures in Business District.
§ 200-32 (Reserved) [1]
[1]
Editor's Note: Former § 200-32, Prohibitions, amended 9-5-2006 by L.L. No. 5-2006, was repealed 11-13-2012 by L.L. No. 3-2012.
§ 200-33 Height.
In all districts, no accessory use or structure shall exceed 16 feet in height, except as provided in this article or in Article V of this chapter.
§ 200-34 Area.
§ 200-35 Front yard restrictions.
A.
In all districts, no accessory use or structure shall be permitted in the required front yard except a porch, stoop, stairs, driveway, walkway, awning, flagpole or lightpole.
B.
Where a structure is used, intended or designed as a dwelling or dwelling unit, there shall be no accessory use or structure on the same lot situated in front of the dwelling or dwelling unit, except a porch, stoop, stairs, walkway not exceeding four feet in width, awning, flagpole or lightpole.
C.
Encroachments into front yards are hereby permitted in residential districts as provided in this section only for one-story porticos and open terraces not to exceed a maximum of eight feet in width, provided that the encroachment is no more than five feet.
[Added 11-13-2012 by L.L. No. 10-2012]
§ 200-36 Side yard restrictions.
[Amended 11-13-2012 by L.L. No. 5-2012]
In the Residential District, no accessory structure shall be located in either of the required side yards of a detached house except a fence, stoop, stairs, driveway, walkway, awning, flagpole or detached garage, provided that said detached garage is not located nearer than four feet to the adjoining property line.
§ 200-37 Rear yard restrictions.
In the Residential District, no accessory structure except a fence shall be permitted within four feet of the adjoining rear property lines.
§ 200-38 Accessory uses and structures on adjoining lots.
Accessory uses and structures shall be located on the same lot or lots as the use or structure to which they are accessory. However, accessory uses or structures may be located on a lot adjoining the primary use or structure if the adjoining lot is under the same ownership as the lot or lots on which the primary structure is located.
§ 200-39 Garages in Residential District.
Only one- or two-car garages are permitted in the Residential District. Such garages may be occupied by passenger vehicles owned by the resident or persons other than the owner of the garage. Rental of a garage for storage of a passenger motor vehicle shall not constitute a business use.
§ 200-40 Storage of boats and trailers.
The storage of boats or trailers shall not be permitted as an accessory use unless they are stored in a garage with no portion thereof visible.
§ 200-41 Outdoor compressors.
[Amended 11-13-2012 by L.L. No. 2-2012]
Outdoor compressors used in connection with central air-conditioning systems, split-system air-conditioning and heating units and electric generators meet the following standards:
A.
No more than two compressor units and one generator are permitted on any one property.
B.
Two compressor units combined cannot generate more than 65 db at any property line.
C.
Maximum height of any unit shall be four feet.
D.
All compressors and/or generators in the side yard must meet a minimum five-foot setback from the front foundation wall and must be installed no more than six inches off the side yard foundation wall.
E.
All compressors and/or generators in the side yard must meet a minimum setback of 3 1/2 feet from the side yard property line (the outermost edge of the unit must not be closer than 3.5 feet to the side yard line.) and must be installed according to the manufacturer and/or New York State specifications.
[Amended 12-1-2014 by L.L. No. 15-2014]
F.
No compressors and/or generators shall be permitted in the front yard.
G.
Rear yard compressors and/or generators must be installed a minimum of 15 feet from the rear property line and a minimum of 3.5 feet from the side yard property line.
H.
Where the compressors and/or generators are located other than 15 feet from any property line, they must be shielded from the street view by bushes and/or shrubs, such landscaping plan to be approved by the Building Inspector.