Village of New Hyde Park, NY Article II Residence Districts (R Zones) [1]

[1] Editor's Note: This article was retitled as such by L.L. No. 1-1995, adopted 7-18-1995.

§ 195-4 Permitted uses.

[Amended 8-6-1946; 7-6-1955]

In a residence zone, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following uses:

A. Residential dwellings, including therein the office or studio of a licensed physician, dentist, nurse-practitioner, physical therapist, psychologist or chiropractor or a licensed accountant, architect, attorney, engineer or land surveyor or a professional artist, musician or photographer, only when and where such office or studio and dwelling are actually owned, used and occupied by such person(s) and their families, and the space dedicated to carrying on such professional activity shall occupy not more than 15% of the total livable floor area of the dwelling unit, provided that no such professional area shall exceed 400 square feet, and such that the number of persons, including the practitioner and associates, assistants and employees engaged in such activities on the premises, shall not exceed one person other than those who legally reside in the residential dwelling.

[Amended 6-5-1990 by L.L. No. 4-1990; 1-24-2006 by L.L. No. 2-2006; 7-21-2009 by L.L. No. 3-2009]

B. Churches, public and parochial schools.

C. Railroad passenger stations.

D. Farming, truck gardens, nurseries and greenhouses, provided that they are not used primarily for the growing of vegetables, plants or flowers for sale, and provided that there is no display of products and no advertising, and provided that there is no power plant, and that any greenhouse heating plant is at least 20 feet distant from each side lot line and also from the rear lot line. This shall not restrict the erection of further greenhouses by florists or the grantee on additional adjoining property owned by said florists and duly recorded in the office of an official clerk of record at the time of the adoption of this chapter.

E. Those accessory uses and structures customarily incidental to and reasonably related to the primary uses and structures permitted under Subsections A through D of this section. However, for purposes of this section, the following uses and/or structures shall not be deemed or construed as complying with this subsection and shall not be permitted as accessory uses and/or structures in the residence zones:

[Amended 11-17-1987 by L.L. No. 1-1987]

(1) Any trade, business, occupation or profession, except as specified in and limited under Subsection A of this section. For purposes of this subsection, the foregoing prohibition and restriction shall be deemed to include the storage, advertising, display, assembly, manufacture, repair, servicing, sale or resale of any goods, merchandise, materials, machinery, equipment or components used in connection with or produced by any trade, business, occupation or profession, whether or not the same is operated from or upon the premises.

[Amended 6-5-1990 by L.L. No. 4-1990]

(2) Any building, structure, improvement, use or occupancy otherwise permissible as an accessory use or structure under the provisions of this section, when or where the same shall extend beyond the lot boundary lines of the building lot improved or occupied by a lawful primary use or structure to which such accessory use or structure is or is proposed to be accessory.

[Amended 6-5-1990 by L.L. No. 4-1990[1]]

[1] Editor's Note: This local law also repealed former Subsection E(3), which prohibited accessory uses or structures from extending to noncontiguous lots, and provided for the redesignation of former Subsection E(4) through (9) as Subsection E(3) through (8).

(3) Any sign or advertising material, as such terms are defined in Chapter 156, Signage and Advertising of the Village Code, except as, where and when the same shall be specifically authorized and permitted under the provisions of this chapter or said Chapter 156 of the Village Code, subject to the proviso set forth and contained in § 195-57 under Article XVI of this chapter.

[Amended 1-21-1997 by L.L. No. 2-1997]

(4) Any fence, as such term is defined in § 195-16 under Article VII of this chapter, except as, where and when specifically authorized and permitted under the provisions of this chapter or Chapter 101, Fences, of the Village Code, subject to the proviso set forth and contained in § 195-57 under article XVI of this chapter.

[Amended 1-21-1997 by L.L. No. 2-1997]

(5) Any garage or garages either designed, intended, used or occupied or capable of use or occupancy, by more than three private passenger vehicles, subject to the limitations imposed under Articles VII and X of this chapter.

(6) The parking, storage or maintenance in or upon any residentially zoned lot of any motor vehicles other than private passenger vehicles and/or motorcycles, except that such passenger vehicles or motorcycles need not be owned by the owner or owners of such premises, and except that the owner or owners of such premises, when actually residing in and occupying such premises, may keep, park, store and maintain on such premises for their own use, not more than one commercially registered van, step-van, pickup truck or light panel truck per premises, so long as the same is actually owned by and registered in the name of at least one of such owners/occupants, so long as such vehicle bears a valid, current vehicle identification plate and inspection sticker and so long as such vehicle does not exceed the gross vehicle weight, number of wheels or axles or dimensional limitations set forth in Subsection E(7) of this section.

(7) The parking, storage or maintenance of any motor vehicle, regardless of its type, style, design, configuration, class, purpose or official registration, in or upon any residentially zoned lot or lots, which vehicle exceeds a gross vehicle weight of 6,000 pounds or which has a total of more than two axles or more than four wheels or which exceeds a maximum gross width of seven feet six inches, a maximum gross length of 20 feet or a maximum gross height of seven feet. For purposes of this subsection, all boats, sailboats, trailers, campers, pop-up trailers, pop-up campers and similar devices, whether or not self-propelled or designed to be towed, shall constitute and be deemed to be motor vehicles subject to the limitations herein.

(8) Any swimming pool, wading pool, ornamental pool, hot tub or other device, whether temporary or permanent, and designed, intended, used or capable of being used, to hold more than 50 gallons of water, which exceeds at any point, part or portion thereof a depth below grade of more than 10 feet or a height above grade of more than four feet six inches.

§ 195-5 Signs and fences; applicable requirements and regulations.

[Amended 8-6-1946; 7-6-1955; 1-21-1997 by L.L. No. 2-1997]

For the purposes of this article and unless otherwise provided for elsewhere in this chapter (in which event the provisions of § 195-57, under Article XVI of this chapter, shall be deemed controlling), the governing requirements, restrictions and other regulations applicable to accessory signs and/or fences in the residence zones shall be those currently prescribed under or pursuant to Chapters 101, Fences, and 156, Signage and Advertising, of the Village Code, as the case may be.

§ 195-6 Accessways not to be accessory uses.

A driveway or walk used for access to a business or industrial use shall in no case be permitted as an accessory use.