Village of East Hills, NY Residential Construction and Building Limitations

The purpose of this article is to protect and preserve the character of the community as specified in the language of the statute which is incorporated into the article. The article shall be known as and may be cited as the "Fair Residential Building Reform Act" of the Code of the Incorporated Village of East Hills.

§ 271-225 Legislative intent, policy, applicability and findings.

The unique character of residential neighborhoods in the Village of East Hills rests on the distinct style and design of houses as well as the general uniformity in the scale of houses located on similarly sized lots in neighborhoods throughout the community. The recent trend of tearing down existing houses and replacing them with expansive houses or building extremely large additions to existing houses threatens the appearance, integrity, health, safety, welfare and quality of life of residents in East Hills.

This article responds both to the desire and needs of residents to enlarge their homes to meet the needs of their families and to preserve neighborhood character by requiring houses to appear to be of similar scale to others in the neighborhood. It is the intent of this article to allow new houses and expansions or alterations to existing houses which are consistent with the general character of the community.

The provisions of this article are intended to supersede, supplement, augment, be applied consequently and compatibly together with other provisions of the Village Code, including but not limited to the provisions for lot coverage and other dimensional requirements.

The regulations as established are intended to apply only to residential property within the Village of East Hills.

§ 271-226 Definitions and word usage.

For purposes of this article, definitions in § 271-7 are incorporated in this article except where explicitly stated below, in which case such definitions below shall supersede the definitions in § 271-7.

For purposes of this article, certain terms and words are specifically defined. Words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular; the word "shall" is mandatory; the word "lot" includes the word "plot."

For purposes of this article, the following words and terms are defined as follows:

BASEMENT

That portion of a building that is partly or completely below grade. No basement shall extend beyond the footprint of the ground floor in order to increase its area. (See also "story above grade.")

[Amended 4-23-2019 by L.L. No. 2-2019]

BUILDING HEIGHT

The vertical distance from the average elevation of the finish grades, taken at the four corners of the building, to the highest point of the roof. Except as otherwise provided in this chapter, no appurtenant structures or mechanical devices, other than chimneys and flues, shall be permitted to extend above the highest point of the roof.

CELLAR

For purposes of calculating floor area, the word "cellar" is synonymous with "basement." No cellar shall extend beyond the footprint of the ground floor in order to increase its area.

[Amended 4-23-2019 by L.L. No. 2-2019]

DECK

An exterior floor system, without a roof, supported on at least two opposite sides by an adjoining structure and/or posts, piers or other independent supports, attached to a building structure.

ELEVATION POINTS

For purposes of calculating height/setback ratio:

(1)

Building line elevation point ("BL") shall be an elevation which is the average of the finish grade elevations of the two principal corners of a building wall for which the height/setback ratio is being calculated.

(2)

Property line elevation point ("PL") shall be an elevation which is the average of the finish grade elevations of two points on a property line which are at the closest proximity to the principal corners of a building wall for which the height/setback ratio is being calculated.

(3)

Vertex elevation point ("L") shall be an elevation located above, on or below a lot line which is the average of the building line elevation point and the property line elevation point.

FLOOR

Any horizontal structure intended to support loads.

FLOOR AREA

The sum of the horizontal areas of the floors in each story of a building or buildings (having a floor or floors) measured from the exterior of the outside walls of such building or buildings without exclusion of any areas on the floors being measured whatsoever (i.e., including attached garages, closets, bathrooms, stairwells and other open areas, and all accessory buildings), except that basements shall be excluded. For half stories (including storage areas over garages and one-story areas, etc.), horizontal areas that contain no habitable space, where the vertical distance between the floor joists and the roof rafters or ridge (not ceiling joists, collar ties or truss cords, etc.) above is less than seven feet and where the outboard end of the rafters rests directly on the bottom plate, shall be excluded. Where more than one roof structure covers this area, the vertical measurement shall be taken from the higher of the two structures. Further, for horizontal areas where the first-story floor to second-story ceiling height is 14 feet or greater, twice the horizontal area shall be included, and for horizontal areas where the first-story floor to second-story ceiling height is greater than 10 feet and less than 14 feet, 1 1/2 the horizontal area shall be included. This applies whether or not a second floor structure exists.

[Amended 7-21-2008 by L.L. No. 3-2008; 6-24-2015 by L.L. No. 1-2015]

FLOOR AREA RATIO

A ratio which produces the proportion of maximum allowable floor area to total lot area.

GRADE

For purposes of measuring the building height and for calculating the height/setback ratio, grade is the finished grade, as defined in § 271-7, elevation from which the height of a building or structure is measured.

HEIGHT/SETBACK RATIO

One of the criteria used in setting building and construction limitations on a residential lot. It is a ratio which produces an inclined plane beginning at a property line rising towards a principal building or structure, starting at a vertex elevation point. Except as otherwise provided in this chapter, no appurtenant structures or mechanical devices, other than minor architectural features not covering more than 10% of the roof area, such as chimneys, flues, skylights and dormer windows, shall be permitted to extend above the inclined plane of the height/setback ratio. A demonstration of a height/setback ratio measurement is shown below as Figure No. 1.[1]

LOT AREA

The total horizontal area within the property lines and or lot lines of a plot.

LOT LINE

A legal boundary of a lot.

PATIO

Any ground area covered by concrete, brick or other impervious material, excluding walkways 48 inches or less in width, which is without a roof structure and not elevated above the surface of the ground in any matter. Patios do not include driveways in front yards.

PORCH, OPEN

Any open-sided roofed structure, without screens or other enclosures, attached to the outside of a building.

PORCH, ENCLOSED

Any nonconditioned, roofed structure, enclosed with screens or other similar enclosures, attached to the outside of a building.

PORTICO

Any open-sided roofed structure, without screens or other enclosures, attached to the entrance of a building.

PROPERTY LINE

Any lot line dividing a lot of one owner from a lot of different owner.

STORY ABOVE GRADE

Any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is: more than six feet above grade plane; or more than six feet above the finished ground level for more than 50% of the total building perimeter; or more than 12 feet above the finished ground level at any point.

STREET

Any highway or thoroughfare which affords the principal means of access to abutting properties, whether designated as a street, avenue, road, crescent, lane, terrace, way, place or otherwise, and whether public or private.

STREET LINE

The dividing line between a lot, tract or parcel of land and a contiguous street. For purposes of this chapter, a street line and a right-of-way line are the same.

STRUCTURAL ALTERATIONS

Any change in the supporting members of a building, including but not limited to bearing walls or partitions, columns, beams, headers or girders or any substantial change in the roof or in the exterior walls.

STRUCTURE

Any construction or combination of materials or any production or piece of work artificially built up or composed of parts joined together in some definite manner, including but not limited to play structures (but excluding basketball hoops, basketball nets and basketball backboards, whether mounted on a building or on poles, so long as the height of the top of the backboard does not exceed 16 feet and there is not more than one backboard on the premises), platforms, pools, tennis courts (including the backstops, surfaced area and net posts thereof), radio towers, parabolic or hemispheric discs or dishes or other similar convex or concave antennas (the purpose of which is to receive television, radio and/or microwave or other similar signals from satellites or ground stations which transmit satellite signals, but excluding conventional television and radio aerials), sheds, fences, walls and display signs.

YARD, REAR

A yard extending the full width of the lot opposite (and approximately parallel to) the principal front yard between the main building and the rear lot line, unless said yard would otherwise be a secondary front yard. A rear yard may abut a street or right-of-way when the lot has a front and/or a secondary front yard.

YARD, SECONDARY FRONT

All front yards that are not principal front yards.

YARD, SIDE

All yards between the main building and the lot lines that are not front yards or rear yards.

[1]

Editor's Note: Figure No. 1 is included as an attachment to this chapter.

§ 271-227 Reconstruction of destroyed building.

Nothing in this chapter shall prevent the restoration of a building destroyed by fire, explosion, act of God or act of a public enemy to the extent of not more than 50% of its reconstruction cost, or part thereof, as such use existed at the time of such destruction in such building or part thereof, or prevent change of such existing use under the limitations provided by this chapter. But any building destroyed to an extent exceeding 50% of its reconstruction cost at the time of such destruction may be reconstructed and thereafter used solely only in full conformity with all provision of this chapter. Nothing in this chapter shall prevent the restoration of a wall declared unsafe by the Building Inspector.

§ 271-228 Building height.

All building heights shall be restricted to the following limitations:

The height of all residential building heights shall be limited to:

	Zone	Maximum Permitted Height (feet)
	R	30
	R-1	30
	R-2	28
	R-3	28
	R-4	28

No accessory structure shall exceed 15 feet in height.

§ 271-229 Exception to building height provisions.

The height provisions of this chapter shall not include chimneys or flues, which may project no more than five feet above the inclined plane of the height/setback ratio or above the maximum allowable building height.

Accessory buildings, including but not limited to sheds, which are excluded from the floor area for the purpose of calculating floor area ratio, shall not exceed a height of 10 feet from the adjacent finished grade to the highest point of its roof.

§ 271-230 Projection of buildings.

No building or part of a building shall be erected in or shall project into rear yard, front yard or side yard, with the following exceptions:

(1)

Cornices, eaves, gutters or chimneys projecting not more than 18 inches.

(2)

At first-floor level, one-story bay windows projecting not more than five feet in any event and, if such projections are into a side yard, not more than three feet into the side yard. No foundation wall or structure shall be erected under any part of such bay window projecting into any required side yard.

(3)

One-story open porches/porticos or enclosed entrance doorways, which shall project into a front yard not more than five feet.

All of the above exceptions are subject to the restrictions found elsewhere in this article.

§ 271-231 Height/setback ratio requirements.

No part of a principal building on a residential lot shall exceed the following height limitations for all of the following: front yard, the side yard and the rear yard, based upon the distance of that portion of such building from the subject property line.

§ 271-232 Front yard limitations.

The limitations for the front yard are as follows:

Front Yard
Zone	Height/Setback Ratio
R	0.5
R-1	0.6
R-2	0.7
R-3	0.7
R-4	1.4

§ 271-233 Side yard limitations.

The limitations for the side yard are as follows:

Side Yard
Zone	Height/Setback Ratio
R	1.1
R-1	1.2
R-2	1.8
R-3	1.8
R-4	3.6

§ 271-234 Rear yard limitations.

The limitations for rear yard are as follows:

Rear Yard
Zone	Height/Setback Ratio
R	0.75
R-1	0.75
R-2	0.85
R-3	0.85
R-4	0.85

§ 271-235 Floor area ratios and maximums.

The maximum floor area ratios and allowable floor areas shall not exceed the following limits:

Zone	Floor Area Ratio (F.A.R.)	Maximum Allowable Floor Area (square feet)
R	0.15	7,000
R-1	0.36	6,100
R-2	0.36	4,500
R-3	0.40	3,600
R-4	0.45	3,600

§ 271-236 Exterior wall interruption.

Existing buildings or structures. Alterations and additions to existing buildings shall require that a combined new and existing front or side building wall may extend to a horizontal length of no more than 30 feet without a change or break of at least two feet, with an additional required break of at least two feet for every 25 feet of additional horizontal feet thereafter.

New buildings or structures. New construction of buildings or structures shall require that a front or side building wall may extend to a horizontal length of no more than 30 feet without a change or break of at least two feet, with an additional required break of at least two feet for every 25 feet of additional horizontal feet thereafter.

Irregular vertical plane. No more than 75% of a two-story front or side wall shall be constructed, altered or added in one vertical plane; the balance of said wall construction shall follow a vertical plane which is separated from the former plane by at least two feet.

At least 10% of each and every exterior wall shall be comprised of fenestration (windows and/or doors).

§ 271-237 Summary of residential construction and building requirements.

An overview of the salient requirements for residential construction and building limitations are as follows.[1]

[1]

Editor's Note: The Table of Requirements for Residential Construction and Building Limitations is included at the end of this chapter.