§ 265-8. Garages required.

No person, firm or corporation shall hereafter construct or erect within the Village of Cedarhurst any one- or two-family dwelling unless the same shall include a one- or two-car garage for a one-family house or a two-car garage for a two-family house in such district or districts in which two-family houses are permitted and all such garages must be maintained subject to Subsection D of this section.

A. 

Freestanding garages shall have a minimum front yard setback of 45 feet.

B. 

An attached garage shall be deemed part of the main building and the yard requirements presently prescribed for the district wherein it is located shall govern.

(1) 

The surface of the garage floor shall be constructed at an elevation of not less than six inches above the highest point of the crown of the road immediately in front of the garage entrance.

(2) 

The following minimum standards may not be varied or waived by the Board of Appeals or by any other board or administrative agency of the Village.

(a) 

The garage floor may not be less than two feet six inches below the highest point of the crown of the road immediately in front of garage entrance.

(b) 

The minimum setback in front of the garage shall not be less than 25 feet from the front property line or the front of the dwelling whichever is greater.

(c) 

The garage floor shall be constructed at a sufficient level to prevent seepage of liquids from the garage to the dwelling area.

(d) 

Proper drainage of entrance to garage shall be installed, the location, dimensions, materials of which are to be approved by the building department.

C. 

Detached frame and masonry garages shall comply with the yard setback requirements prescribed for the district in which they are located.

D. 

If the owner or contract vendee is aggrieved by the strict enforcement of the provisions and conditions as set forth in this section requiring a garage in a one- or two-family dwelling, an attached garage in a one- or two-family dwelling in existence at the time of the enactment of this section, and which is located in an AE flood zone as established in a Federal Emergency Management Agency flood zone map, may be removed or waived as such and the space thereof converted to a permissible use by a determination of the Planning Board, upon an appeal from a decision or determination of the administrative official charged with the enforcement of the garage requirement of § 265-8 upon appeal to it by the owner or contract vendee with the written consent of the owner of such dwelling, after notice thereof and a decision granting the relief sought in said petition after a public hearing.

(1) 

Before an application is considered by this Board, such aggrieved person shall file a verified petition setting forth in detail the specific provisions or sections of this chapter for which relief is sought. Such petition shall be filed together with all plans and documentation in compliance with the applicable provisions of the New York State Building and Fire Code and the requirements of the office of the Superintendent of Buildings, with the Village Clerk of the Village of Cedarhurst, together with the required number of copies and a fee in the amount of $500.

(2) 

A public hearing shall be held under the direction of the Planning Board, and prior to such public hearing, the applicant shall have written notice of said public hearing published in a local newspaper of record no more than 10 days and not less than five days prior to said public hearing, and the applicant shall file with the Village Clerk certification of service and publication of said notice showing compliance with this subsection.

(3) 

Before such application is granted by the Planning Board, such Board shall determine the following:

(a) 

That such conversion will not prevent or unreasonably interfere with the use of adjacent property or properties within the same use district.

(b) 

That the safety, health, welfare, comfort, convenience or the order of the Village will not be adversely affected by granting the application.

(c) 

That the granting of the application of the petitioner will be in harmony with and promote the general purposes and intent of this chapter.

(d) 

That the granting of the application will not cause any fire hazard nor in any way affect the structural soundness of a building.

(e) 

Whether the granting of such application will create a hazard to life, limb or property or a traffic hazard or interfere with the entry and operation of fire and other emergency apparatus by reason of the physical characteristics of the particular location or area.

(4) 

Before such application is granted by the Planning Board, such Board may consider the following:

(a) 

The number of motor vehicles owned and/or operated by the subject property's household members.

(b) 

The availability of on-site parking.

(c) 

The availability of on-street parking.

(d) 

The building and attached garage elevations.

(e) 

Any other factor that the Board may deem appropriate, necessary or desirable.

(5) 

The Planning Board shall, in granting such application shall require that the garage door(s) and any other doors on the garage door wall be replaced by a solid, waterproof wall, aesthetically in conformity with the dwelling, and may impose such conditions, restrictions, covenants and safeguards as it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of this chapter and the general welfare of the inhabitants of the Village.

Amended 10-26-1964; 4-6-1987 by L.L. No. 4-1987; 10-6-1997 by L.L. No. 9-1997; 11-13-2006 by L.L. No. 14-2006; 3-4-2013 by L.L. No. 6-2013