[Amended 7-10-1941; 4-19-1950; 9-6-1977 by L.L. No. 5-1977: 10-2-1979 by L.L. No. 4-1979]
[Amended 11-17-1987 by L.L. No. 2-1987]
A.
No dwelling or tenement house shall hereafter be erected or altered to accommodate or make provisions for more families than the number indicated in the Schedule Limiting Height and Bulk of Buildings, in § 195-23 herein, for the zone in which such dwelling or tenement house is located, or otherwise than provided under the terms and provisions of this subsection. In a residence zone, no dwelling:
(1)
Known as a "high-ranch-style home," as such term is
defined herein, shall be constructed on a lot containing less than
6,000 square feet of land area and having a minimum continuous lot
width throughout the depth of such lot, as measured from side lot
line to side lot line, of 60 feet, and, any other provision of this
chapter or any other ordinance or local law to the contrary notwithstanding,
no such building shall be constructed with a minimum setback and open
front yard of less than 25 feet in depth, as measured from the front
property line of the premises to the front of the building line of
such building. The minimum lot area per family for two-or-more-family
residential occupancies in any such building shall be 6,000 square
feet per family.
(2)
Shall be constructed on a lot containing a land area
less than 4,000 square feet, and having a minimum continuous lot width
throughout the depth of such lot, as measured from side lot line to
side lot line, of 40 feet. Minimum lot depth must be 100 feet. The
minimum lot area per family for two-or-more-family residential occupancies
in any structure shall be 4,000 square feet per family.
[Amended 11-27-2007 by L.L. No. 5-2007]
B.
In no event shall the length of any lot boundary line, regardless of type or style of dwelling, which is in excess of 100 feet as measured from the intersection of such lot line with the street line of the street fronting such premises on the narrower street to the intersection of such lot line with the rear lot line of the premises, be utilized in computing plot area under this section with reference to the requirements of Subsection A hereinabove.
C.
Every residential building lot, regardless of type
or style of dwelling proposed to be erected thereon, and regardless
of the minimum lot area required under this section, shall, upon construction
of such structure, and prior to the issuance of a certificate of completion
and a certificate of occupancy therefor, be provided with a paved
driveway, for purposes of off-street parking of private passenger
vehicles, such driveway to be located in the wider of the mandatory
minimum side yards required under this chapter, and to have a minimum
usable and finished surface of at least 75 feet in length, as measured
from the front lot line of the premises to the end of such driveway.
D.
For purposes of this chapter, a "high-ranch-style
home or dwelling" is hereby defined to mean and include any dwelling
structure constructed with the whole of such structure on a concrete
or other gradient slab, and having an attached garage.
[Amended 4-2-1998]
E.
The limitations imposed herein shall in no event prohibit
the erection of a one-family dwelling, other than a high-ranch style,
on any plot in single and separate ownership at the time of the adoption
of this chapter (i.e., March 3, 1928) and containing at the time of
such adoption an area less than that required for a one-family dwelling
other than a high-ranch -style home as provided hereinabove.
In addition to the limitations set forth in § 195-19 above and subject to the definition of "family" set forth in § 195-21 below, the maximum number of occupants in each dwelling shall be determined as follows:
A.
Each person 12 years of age and older shall be counted
as one person, children more than one year old but less than 12 years
old shall be deemed to be 1/2 person, and infants up to one year old
shall not be counted. The floor area shall be based upon the habitable
floor area contained within the living unit, exclusive of utility
and storage rooms, halls, closets, porches and connecting spaces.
Any area in a habitable room which has a ceiling height of less than
five feet shall not be counted or included in the computation of the
space.
B.
Every dwelling unit, as that term is defined in Section
2(n) of the New Hyde Park Housing and Rehabilitation Code, shall have
at least 120 square feet of habitable floor area for the first occupant,
plus 70 square feet of habitable floor area for each additional occupant.
Each dwelling unit shall contain one habitable room with at least
120 square feet of floor area and a minimum horizontal dimension of
eight feet. Any additional habitable rooms shall have a minimum floor
area of 70 square feet and a minimum horizontal dimension of seven
feet.
C.
At least 1/2 of the floor space of any habitable room
must have an average ceiling height of at least seven feet six inches.
Portions of floor spaces having ceiling heights less than five feet
shall not be counted.
D.
Habitable floor area hereunder shall not include any
floor area in a cellar, as that term is defined in Section 2(f) of
the New Hyde Park Housing and Rehabilitation Code. That area in a
basement, as that term is defined in Section 2(h) of the New Hyde
Park Housing and Rehabilitation Code, may not be included in computing
habitable floor area unless the finished floor surface therein is
not more than four feet below grade; and the ceiling therein is not
less than four feet above grade; and the floors and walls therein
are water- and dampproofed in accordance with an approved method,
if in contact with the earth, with said waterproofing located between
the floor therein or between the wall finished therein and the ground.
E.
Subject to, and not in limitation of, both the foregoing
provisions of this section and all other provisions of this chapter,
no single-family dwelling shall hereafter be erected or reconstructed
anywhere in the Village unless it shall contain a total habitable
floor area of at least 750 square feet, and no two-family dwelling
shall hereafter be erected or reconstructed, and no one-family dwelling
shall hereafter be converted into use as a two-family dwelling, whether
as of right or pursuant to a variance, unless it shall contain a total
habitable floor area of at least 750 square feet for each separate
family.
[Added 6-15-1999]
[Amended 12-4-2001 by L.L. No. 8-2001]
For the purposes of this chapter, "family" shall
be defined as follows:
A.
One or more persons, whether or not related to each
other by blood, marriage or adoption, all living together as a single,
stable, permanent and bona fide housekeeping unit, so long as such
persons together occupy and own, lease or rent the whole of a separate
building or dwelling unit in a family-like living arrangement as the
functional and factual equivalent of a natural family and use all
rooms and housekeeping facilities in common;
B.
Any such number of persons shall not be deemed to
constitute a family if any one of such persons may not have lawful
access to all parts of the separate building or dwelling unit; or
if any one or more of such persons lease or rent any separate portion
of such separate building or dwelling unit from any other person;
or if residency is temporary or transitional, either as part of an
educational, medical, rehabilitation or treatment process, or otherwise;
C.
It shall be presumed that a separate building or dwelling
unit is occupied by more than one family if any two or more of the
following features may be found to exist by the Superintendent of
Buildings (or other person designated by the Mayor and Board of Trustees
to enforce this chapter): more than one mailbox, mail slot or post
office address; more than one doorbell or doorway on the same side
of the separate building or dwelling unit; more than one electric
meter; more than one gas meter; more than one connecting line for
cable television; separate entrances for segregated portions of the
separate building or dwelling unit; partitions or locked doors barring
access between segregated portions of the separate building or dwelling
unit including bedrooms; separate written or oral leases or rental
agreements or the payment of rent for portions of the separate building
or dwelling unit among its owner or residents; or two or more kitchens,
each of which contain a range or oven, refrigerator and sink, unless
it is otherwise proven by evidence presented to the Superintendent
of Buildings (or other person designated by the Mayor and Board of
Trustees to enforce this chapter) by the owner or resident of the
separate building or dwelling unit that is occupied by one family
(all as defined in this section). The presumption provided for in
this subsection shall be rebuttable. Such presumption shall not preclude
the Superintendent of Buildings (or any other person designated by
the Mayor and Board of Trustees to enforce this chapter) from making
a determination that the separate building or dwelling unit is not
occupied by one family, based on other facts whether or not listed
in this subsection.
D.
The Superintendent of Buildings (or any other person
designated by the Mayor and Board of Trustees to enforce this chapter)
shall make the primary determination as to the application of this
definition of family for the purposes of compliance with any provisions
of this Zoning Law and any other applicable rule, regulation, code
or law, based upon an inspection of the premises, any information
received from the residents thereof or any other persons or documentary
or any other written evidence as to the condition of the premises
or the relationship and living arrangements of the residents, in consultation
with the Village Attorney, and the determination shall be presumed
to be correct and final, subject to review of or appeal to the Board
of Zoning Appeals and judicial review as provided by law.
[1]
Editor's Note: Former § 195-22,
Lodging, was repealed 9-25-2007 by L.L. No. 2-2007.
The Schedule Limiting Height and Bulk of Buildings is specifically incorporated herein to read as follows.[1]
[1]
Editor's Note: Said schedule is included at
the end of this chapter.
[Added 6-15-1999]
A.
In the R Zones (Residential Districts) of the Village,
the building coverage on a particular building plot or parcel shall
in no event exceed 35% of the total lot area of that plot or parcel.
B.
In the R Zones (Residential Districts) of the Village,
the floor area ratio (F.A.R.) requirements applicable to a particular
building plot or parcel shall be as set forth and prescribed under
the following schedule; provided, however, that in no case shall the
F.A.R. be interpreted and applied so as to require a dwelling to be
constructed with less gross floor area than the maximum gross floor
area permitted on any smaller lot under such schedule:
|
Lot Area
(square feet)
|
F.A.R.
|
Maximum Gross Floor Area Permitted
(square feet)
| |
|---|---|---|---|
|
Up to 3,999
|
47
|
1,880
| |
|
4,000 to 5,999
|
45
|
2,700
| |
|
6,000 and above
|
40
|
3,200
|
