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Village of East Hills, NY
Nassau County
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Table of Contents
Table of Contents
A. 
Any nonconforming use existing at the effective date of this chapter may be continued, and any existing building designed, arranged, intended or devoted to a nonconforming use may be reconstructed and structurally altered and the nonconforming use therein changed, subject to the following regulations:
(1) 
The cost of structural alterations made in such building shall in no case exceed 50% of its reproduction cost, nor shall the building be enlarged unless the use therein is changed for a conforming use.
(2) 
No nonconforming use shall be extended at the expense of a conforming use.
(3) 
In a residence or business district, no building or premises devoted to a use permitted in a zone of lower classification shall be changed into a use not permitted in such zone of lower classification.
(4) 
No nonconforming use, if once changed to a use permitted in the district in which it is located, shall ever be changed back to a nonconforming use.
(5) 
No nonconforming use which shall have been discontinued for a period exceeding 12 months shall be resumed, nor shall it be replaced by any other nonconforming use.
B. 
Whenever a district shall hereafter be changed, any then existing nonconforming use therein may be continued or changed to a use of a similar or higher classification, provided that all other regulations governing the new use are complied with.
A. 
If any accessory building is over 1 1/2 stories high, it shall be distant at least 15 feet from all lot lines, and it shall in no case be over 2 1/2 stories or 30 feet in height.
B. 
On corner lots, accessory buildings shall be located as far as possible from all street lines while conforming to the requirements of the last above subsection.
[1]
Editor's Note: Former § 271-124, Projection of buildings, amended 4-21-1980 by L.L. No. 21-1980, was deleted 2-28-2005 by L.L. No. 3-2005. See now Art. XXI, Residential Construction and Building Limitations.
Nothing herein contained shall require any change in the plans, construction or designated use of a building under construction, provided that at the effective date of this chapter the construction shall have proceeded to the completion of the foundations and the setting of the first-floor beams, and provided, further, that the work thereon shall be diligently prosecuted to completion within one year from the effective date of this chapter. The Board of Appeals may, in its discretion, due to the size or nature of the building or any special circumstances which, in its judgment, are sufficient, extend the date of completion beyond the one year above fixed.
In no event shall the building area in any district be exceeded by reason of the deduction of yard areas required leaving a greater percentage of lot area, nor shall the yard areas in any district be decreased by reason of the permitted building area.
A. 
No building shall be erected until the Building Inspector shall issue a permit certifying that the proposed building and use complies in every respect with this chapter, and all applications for such permits shall be in writing and accompanied by a plot plan in duplicate, drawn to a scale showing the actual dimensions of the lot, the dimensions of all open spaces, the setback lines observed by buildings within the block, and such other information as may be necessary to provide for the enforcement of this chapter.
B. 
Such permit shall be issued for a period of six months from the date thereof. In the event, however, of a change of the provisions of this chapter or of the map accompanying the same during such period of six months, which change or changes would prevent the issuance of such permit if then applied for, and the Building Inspector shall determine that work has not begun under such permit, he shall revoke said permit and immediately send notice of revocation thereof to the holder thereof at the address given in the application therefor. The Building Inspector is also authorized at any time during the life of such permit to revoke same if it shall satisfactorily appear to him that any material statement in or any portion of the application therefor is untrue or inaccurate. Within 10 days prior to the expiration of such permit and upon a showing of sufficient cause therefor and in the event that no changes in this chapter or in the map accompanying the same have been made to prevent it, the Building Inspector may extend the permit for a further period of six months, but such extended permit shall be liable to all of the provisions of this section and any amendment thereof to the date of such extension. A copy of this section shall be printed upon each permit or extended permit issued by the Building Inspector. Before the issuance of such building permit, there shall be paid to the Building Inspector a fee therefor of $25.
Flat roofs shall not be permissible for any residential building except for one-story extensions, and the total area of such flat-roof extensions shall not exceed 50% of the total area of the building.
[Added 9-15-1997 by L.L. No. 6-1997; amended 1-26-1998 by L.L. No. 1-1998]
No pole, erected or installed in connection with the transmission of electrical, telephone or other utility lines, shall exceed a height of 25 feet above grade, including any attachment, appurtenance or addition to such pole.
[Amended 1-26-1998 by L.L. No. 2-1998; 2-24-1998 by L.L. No. 3-1998]
A. 
No sign shall be erected, posted or displayed on any property located within a residence zone district of the Village, except:
(1) 
A sign advertising that such property is available for sale, in conformance with the provisions of this section;
(2) 
A professional nameplate sign in conformance with the provisions of § 271-7B;
(3) 
A sign posted in conformance with the provisions of § 141-11B of this Code; and
(4) 
A sign posted in conformance with the provisions of § 161-3E of this Code.
B. 
No sign shall be erected, posted or displayed on any property for the purpose of advertising that such property is available for sale, except that no more than one such sign may be erected, posted or displayed, provided that it:
(1) 
Shall be no larger in area than two square feet.
(2) 
Shall be limited in content to the words "For Sale by Owner", followed by a telephone number for contact purposes.
(3) 
Shall not be illuminated, directly or indirectly.
(4) 
Shall be of rigid, nonreflexive material.
(5) 
Shall not be attached to the exterior of any dwelling or building or to any tree or fence.
(6) 
Shall be attached to a ground post or placed inside a first-floor window of the dwelling or building.
(7) 
Shall not exceed five feet in height, measured from grade to the top of the sign.
C. 
No such sign shall be erected without first obtaining a permit therefor from the Building Department. The application for such permit shall contain such information as may be required by the Building Department, including a sketch or rendering of the proposed sign. The fee for such permit shall be as fixed from time to time by the Board of Trustees.
[Added 7-19-2004 by L.L. No. 6-2004]
Development or alteration of any slope, as defined in § 271-7B, with a gradient of 20% or greater is prohibited.
[Added 4-23-2019 by L.L. No. 2-2019]
In no event shall any basement area extend beyond the coverage of the principal structure.