Valley Stream City Zoning Code
ARTICLE XVI
Supplementary Accessory Uses, Buildings and Structures
§ 99-1601 General regulations.
A.
The following regulations apply to accessory uses, buildings and structures in addition to any other provisions of this chapter.
(1)
Accessory uses, buildings and structures are permitted in all use districts within the Village subject to certain regulations as provided by this chapter.
(2)
Accessory uses, buildings and structures shall be deemed to be customarily accessory and incidental to a permitted use and located on the same lot therewith, except as otherwise provided by this chapter.
(3)
Accessory buildings shall be included in computing the maximum percentage of a lot which may be covered by buildings, except as otherwise provided by this chapter.
(4)
No accessory building shall be located closer to any street line than the principal building on the lot and no accessory building shall be located closer than two feet to any side or rear lot line.
(5)
In any R or CX District, except in the case of corner lots, a detached accessory building which is located nearer than 45 feet to the street on which the principal building fronts shall provide a side setback of not less than five feet. In the case of a corner lot, a detached accessory building shall occupy the innermost quarter of the lot and shall not project beyond the front building line of the principal building along either street.
(6)
In any R District, in the case of through lots, no accessory building shall be located within either required front setback.
(7)
No dwelling unit shall be established within any accessory building or above a detached accessory building. Any dwelling unit established or expanded above an attached garage must be located not nearer than five feet to any property line.
(8)
In any R or CX District, no accessory building shall project nearer to the street on which the principal building fronts than such principal building.
(9)
In any R or C District, no accessory building attached to the principal building by a breezeway and any detached accessory building shall be located at least five feet from the principal building.
[Amended 1-14-2013 by L.L. No. 1-2013]
B.
(Reserved)
§ 99-1602 Decks.
A.
Decks, as defined by this chapter, shall be deemed accessory structures. Decks shall be regulated by all applicable provisions of this chapter pertaining to accessory structures except as otherwise provided by this article.
B.
Decks accessory to permitted uses in R or CX Districts.
(1)
Decks shall be constructed of lumber, masonry material, metal, shale, slate or synthetic lumber, but may not be constructed of aluminum, fiberglass or plastic.
(2)
Deck area shall be included in applicable lot coverage regulations for R and CX Districts, except that decks appurtenant to swimming pools shall be regulated by the provisions of this chapter governing private swimming pools.
(3)
The platform level of any deck shall not exceed 30 inches in height above the lowest property grade at any and all points of installation, except that any deck which is attached to the principal building and installed at and around a doorway or entrance to such building may exceed 30 inches in height, but shall not exceed the height of the first floor level of such building, nor 100 square feet in area. The area of any stairs and one landing (not larger than 16 square feet) shall not be computed in such 100 square feet of deck area.
(4)
No deck may encroach more than six feet into any required front or rear setback.
[Amended 1-14-2013 by L.L. No. 1-2013]
(6)
Any portion of a deck which exceeds 100 square feet in area and is between eight inches and 30 inches in height (measured from lowest grade to platform level), exclusive of railing, shall not be located within five feet of a side property line.
[Amended 1-14-2013 by L.L. No. 1-2013]
(8)
All decks which exceed 18 inches above grade shall be equipped with a surrounding security rail 36 inches in height.
§ 99-1603 Storage shed.
A storage shed shall be deemed an accessory building but shall not require a building permit, provided that such shed does not exceed eight feet in height and 100 square feet in area. Only one such storage shed may be located within the rear yard of a residentially used premises and not closer than two feet to any rear or side property line. Any other shed must obtain a building permit and shall be required to comply with all other applicable regulations provided by this chapter for accessory buildings.
§ 99-1604 Balconies.
[Amended 1-14-2013 by L.L. No. 1-2013]
Exterior balconies (including terraces and decks above the first floor level) shall be deemed accessory structures, but shall not be permitted to encroach into any required setback, or be accessible by any staircase.
§ 99-1605 Dumpsters.
Dumpsters or similar type trash receptacles shall be deemed accessory structures utilized in connection with all uses, except single-family and two-family uses. Dumpsters shall be screened and shall not be located in a required off-street parking space or within two feet from any rear or side property line or in any required front setback area.
§ 99-1606 Accessory walkways.
[Added 12-19-2022 by L.L. No. 5-2022]
Accessory walkways shall be deemed an accessory structure, but shall not require a building permit and shall not be calculated as part of the lot coverage requirements of this chapter for single-family and two-family uses, provided that no more than two accessory walkways are constructed or maintained on a residentially used premises, other than the main walkway leading from the principal building to the public way. Each accessory walkway shall be located not closer than two feet to any rear or side property lines.
§ 99-1607 Driveways.
[Added 12-19-2022 by L.L. No. 5-2022]
Driveways shall be deemed an accessory structure, but shall not be calculated as part of the lot coverage requirements of this chapter for single-family and two-family uses: where located in the rear yard, or, where being used as part of the required off-street parking requirements of this chapter.