Valley Stream City Zoning Code
ARTICLE XV
Supplementary Height, Area and Bulk Regulations
§ 99-1501 Height exceptions.
A.
Notwithstanding any other provision of this chapter, no appurtenance affixed to a building shall exceed the height of the building to which it is affixed except as follows:
(1)
Rooftop bulkheads, towers, elevator bulkheads, cooling towers, air-conditioning or heating equipment, belfries or spires, chimneys or exhaust stacks affixed to a building may not exceed 12 feet above the height of any building with a flat roof and five feet above the highest roof level of a building with a pitched, gable, hip or gambrel roof.
(2)
Cupolas, water towers, satellite dishes, radio and television antennas, solar energy systems and flagpoles affixed to a building may not exceed five feet above the height of a building with a flat roof and three feet above the highest roof level of a building with a pitched, gable, hip or gambrel roof.
B.
Parapet walls or cornices may not exceed the height of a building by more than five feet.
§ 99-1502 Permitted encroachments; yards.
The following features may extend into any required front, side or rear yard, not to exceed the extent specified:
A.
Cornices, awnings, belt courses, eaves, roof overhangs or similar features may extend one foot.
B.
Any terrace, deck, portico, patio, roof over open platform or unenclosed porch not more than the height of the first floor entrance to the building may extend six feet from the building, except that no such terrace, deck, portico, patio, roof over platform or unenclosed porch shall project more than three feet into any required side yard nor nearer than three feet to any side lot line. Any terrace, deck, portico, patio roof over open platform or unenclosed porch which is higher than 18 inches above grade shall be secured around its perimeter, exclusive of openings for ingress and egress, with railing which is three feet.
[Amended 1-14-2013 by L.L. No. 1-2013]
C.
Chimneys may extend two feet.
D.
Overhanging bay windows not exceeding in width an aggregate of 50% of the width of the building may extend two feet from the building wall, except that no such bay window shall extend nearer than three feet to any side lot line. An outside stairway may extend three feet into a required side setback as long as it is at least two feet from a side property line.
[Amended 1-14-2013 by L.L. No. 1-2013]
§ 99-1503 Other encroachments; nonresidential uses.
A.
The following structures used in connection with nonresidential uses in nonresidential districts are subject to the bulk regulations as follows:
(1)
Any marquee may extend beyond the lot line to within two feet from the curbline, provided that it is not less than 12 feet above a sidewalk or average property grade at all points and no more than 16 feet above such grade at its highest point, exclusive of rods or ties. Any such marquee shall be securely supported, properly drained and constructed of incombustible materials. No marquee shall extend more than 50% of the length of the wall to which it is attached, nor in any case more than 75 feet, but may adjoin another marquee on the corner, provided that there shall be a clear distance of not less than four feet between any two marquees on the same building or adjacent buildings.
(2)
Any awning or canopy may extend beyond the lot line to within two feet from the curbline, provided that it is not less than eight feet above the sidewalk or average property grade at all points and no higher above grade at its highest point than eight feet above the sidewalk at average property grade plus 60% of the horizontal length of such awning or canopy. No awning or canopy shall extend more than 12 inches in length beyond the window, door or entrance which it covers. Any such awning or canopy shall be securely supported and properly drained. Poles supporting canopies may extend beyond the lot line to within two feet from the curbline, provided that pedestrian passage along sidewalk areas is not obstructed. No advertising matter, other than name and address of the business for which the canopy or awning is being used, shall be placed thereon. Any such lettering may not exceed eight inches in height and shall not be included in sign coverage calculations.
(3)
Building permits shall be required for any marquee, awning or canopy used in connection with any nonresidential use in a nonresidential district.
§ 99-1504 Measurement of lot frontage.
Lot frontage shall be measured along the narrower boundary line of a lot abutting a street, measured completely within the lot along the shortest straight line, contiguous to the front lot line at one or more points and to the side lot lines, in the case of interior lots. In the case of a corner lot, the lot frontage shall be the narrowest boundary line abutting a street and shall be measured completely within the lot along the shortest straight line, contiguous to the front lot line at one or more points and generally parallel to the abutting street. In the case of a curvilinear or irregular boundary line abutting a street, frontage shall be measured along a straight line completely within the lot, rather than along any arc or irregular boundary line.
§ 99-1505 Measurement of lot depth.
Lot depth shall be measured as the mean horizontal distance between the front and rear lot lines, measured completely with the lot and in the general direction of the side lot lines or perpendicular to the front lot lines.
§ 99-1506 Measurement of side setback.
Side setbacks shall be measured along a straight line perpendicular to the side lot line to the nearest point of the building wall.
§ 99-1507 Measurement of height of structure.
The height of a structure shall be the vertical distance measured from the average grade of the lot on which the structure is located to the highest point of the structure.
§ 99-1508 Measurement of height of building.
The vertical distance measured from the average level of the established center-line grade of the street adjacent to the building lot measured at the front of the building to the highest level of a flat or mansard roof or to the average height of a pitched, gable, hip or gambrel roof.
§ 99-1509 Determination of natural average grade.
The natural average grade shall be measured perpendicular to the natural contour lines of the property within the lot lines and shall be a result of an averaging of measurements made at approximately twenty-five-foot intervals.