Town of Hempstead BZO, NY A Residence Districts (A)

Editor's Note: Former Subsection C, permitting religious uses, was repealed effective 8-30-2007. Former Sec. A-1.4, which immediately followed Subsection C, was repealed 5-6-1958.

Agriculture or nursery, provided that there is no display for commercial purposes or advertisement on the premises.

Municipal recreational use.

Railway passenger station.

§ 17 Accessory uses.

[Effective 11-29-2005]

Accessory uses on the same lot with and customarily incidental to any of the above-permitted uses, including a private garage, are permitted. This shall be understood to include the professional office or studio of a doctor, dentist, masseur, teacher, artist, architect, real estate broker, engineer, musician or lawyer, or rooms used for home occupations such as dressmaking, millinery or similar handicrafts, provided that the office, studio or occupational room is located in the dwelling in which the practitioner resides, and provided further that no goods are publicly displayed on the premises.

§ 18 Signs.

Such signs which are authorized under the provisions of Article XXIV are permitted.

§ 19 Excavations.

No excavation for purposes other than the construction of a driveway, walk, a permitted wall or building or part thereof or accessory thereto, or to remove topsoil from one part of the lands of an owner to another part of the same premises, when such removal is necessary as an accessory use or is for the purpose of farming or improving said property, shall be made unless approved by the Board of Appeals.

§ 20 Special uses.

Special uses, when approved by the Board of Appeals pursuant to § 272, are permitted.

§ 21 Height.

In the case of a single-family dwelling, no building shall be greater in height than 2 1/2 stories, with a maximum height of 30 feet.

[Effective 1-30-1970]

In the case of a building other than a single-family dwelling, no building shall be greater than three stories or 45 feet in height, except a church.

§ 22 Building area.

The building area shall not exceed 25% of the lot area.

§ 23 Front yards.

The required front yard depth shall be the same as the average front yard depth of the existing buildings within 200 feet on each side of the lot and within the same block in the same use district, or if there are less than two existing buildings on the same side of the street, the average front yard depth of existing buildings within 200 feet on each side directly opposite the lot in the same use district. In any case, no front yard shall be required to have a depth greater than 50 feet.

[Effective 7-29-1974]

In case of a corner lot, a front yard shall be required on each street, and notwithstanding the foregoing, each such front yard shall be not less than 30 feet, provided that, if at the time this ordinance becomes effective any corner lot is held in single and separate ownership with a width of less than 60 feet, the depth of the front yard on one side of the lot may be decreased when authorized as a special exception by the Board of Appeals.

Where a building is not controlled by Subsection A above, there shall be a front yard, the depth of which shall be at least 30 feet back of the street line.

§ 24 Side yards.

In case of a dwelling, there shall be two side yards, one on each side of the main building, and they shall be subject to the following regulations:

[Effective 7-7-2007]

(1)

In the case of a dwelling on a lot with a width of less than 50 feet at the front setback line, the minimum required aggregate side yard width shall be not less than the average side yard aggregate widths established by the existing main buildings of single- or two-family dwelling lots within 200 feet on each side of the lot, and within 200 feet on each side directly opposite the lot, except that the maximum required aggregate side yard width shall be 15 feet, and neither individual side yard shall be of a width that is less than 50% of the width of the opposite side yard.

(2)

In the case of a dwelling on a lot with a width at the front setback line of at least 50 feet but less than 60 feet, the minimum required aggregate side yard width shall be 15 feet, and neither individual side yard shall be of a width less than 50% of the width of the opposite side yard.

(3)

For a dwelling on a lot with a width at the front setback line of at least 60 feet but less than 80 feet, the required minimum aggregate side yard width shall be not less than 25% of the width of the lot at the front setback line, and neither individual side yard shall be of a width less than 50% of the width of the opposite side yard.

(4)

For a dwelling on a lot with a width at the front setback line of at least 80 feet but less than 90 feet, the required minimum aggregate side yard width shall be not less than 30% of the width of the lot at the front setback line, and neither individual side yard shall be of a width less than 50% of the width of the opposite side yard.

(5)

For a dwelling on a lot with a width at the front setback line of 90 feet or greater, the required minimum aggregate side yard width shall be not less than 35% of the width of the lot at the front setback line, and neither individual side yard shall be of a width less than 50% of the width of the opposite side yard.

In case of any building other than a single-family dwelling or a building-accessory thereto, there shall be two side yards. If such building is not over 40 feet high, the width of each of the two side yards shall be at least 20 feet; and if such building is over 40 feet high, this width shall be increased five feet for each 12 feet or portion thereof by which the building exceeds 40 feet in height.

§ 25 Rear yards.

There shall be a rear yard, the depth of which shall be at least 25 feet, provided that, if at the effective date of this ordinance any lot is held in single and separate ownership with a depth of less than 100 feet, the required depth of the rear yard may be diminished by three inches for each foot of difference between 100 feet and the depth of the plot, but in no case shall the depth of the rear yard be less than 15 feet.

§ 26 Permitted encroachments.

The following encroachments are hereby permitted:

[Effective 1-27-1991; 6-8-2012]

(1)

Cornices, eaves, gutters, chimneys or bay windows projecting not more than 24 inches.

(2)

One-story open porches and terraces not exceeding three feet in height, projecting not more than six feet into a front or rear yard.

(3)

One-story enclosed front vestibules not greater than six feet wide and five feet deep.

(4)

One-story additions to the main dwelling projecting into one of the required side yards, provided that the area of encroachment shall be used for garage purposes only, and provided further that neither side yard shall be less than five feet wide, and provided further that the aggregate widths of the two side yards shall be at least 12 feet.

(5)

One-story additions to the main dwelling encroaching into the required rear yard, provided that the area of encroachment is not in excess of 240 square feet, and provided further that the rear yard shall not be diminished thereby to a depth of less than 15 feet.

(6)

One-story additions to the exterior of the main dwelling containing only an aboveground fuel-oil storage tank used for heating the premises upon which installation is made, projecting into one of the required side yards, provided that said side yard shall not be diminished thereby to a width of less than five feet.

(7)

Air-conditioning condenser units, emergency generators, basement stairs and basement areaways, projecting into one of the required side yards, provided that said side yard shall not be diminished thereby to a width of less than five feet.

(8)

Retractable awnings encroaching into any yard, provided that the yard shall not be diminished to a depth of less than two feet. Additionally such retractable awnings shall not be calculated into lot coverage.

(9)

Exclusive of encroachments permitted under this section and structures approved by Board of Appeals grant, second-story additions above existing permitted one-story structures may project into any required yard, provided that they do not extend beyond the wall of the existing structure.

(10)

Sheds which have an inside capacity of less than 52 cubic feet and do not exceed 72 inches in height shall not require building permits. Furthermore, these types of sheds may project into one of the required side yards, provided that the said side yard shall not be diminished to a width of less than five feet.

In any case where the Board of Appeals has diminished a required yard by a variance or special exception, none of the foregoing encroachments shall be permitted encroachments in such diminished yard.

§ 27 Fences.

[Effective 3-28-1975; 10-11-2009]

A fence, not exceeding six feet in height, shall be permitted on the rear lot line and those linear portions of the side lot lines enclosing a rear yard; provided, however, that the six-foot fencing and its relationship to the street fronting upon the premises shall not exceed a greater distance frontward to the street than the front building line of the dwelling; provided that any fencing frontward of the front building line shall be no greater than four feet in height, and of a type which does not substantially obstruct line of sight, and provided that there shall be compliance with § 311 of Article XXXI of this ordinance, with respect to clear sight triangles.

§ 28 Accessory buildings.

Accessory buildings may occupy 40% of the required area of the rear yard, up to an average height of 12 feet. The yard area occupied by such accessory building shall, however, be included in computing the maximum percentage of the lot area which may be built upon. No accessory building shall be nearer any front property line than 45 feet, and it must be at least two feet from the rear and side property lines, except that accessory garages may have a party wall. However, in the case of an accessory private garage which may include a porch or an enclosed patio annexed thereto, it may be located not nearer to the front property line than the main building which it tends and must be not less than five feet from any side line; should such accessory garage be located 45 feet or more from the front property line, it cannot be less than two feet from the side and rear property lines.

In the case of a corner lot, an accessory building shall be neither more nor less than two feet from the rear and side property lines, except in the case of accessory private garage, which may be located not nearer to the front property line than the main building which it tends and must be not less than five feet from any side line, but must in any other event and in all other respects conform to Subsection A of this section.

Exclusive of an accessory private garage and a cabana permitted as an accessory to a swimming pool pursuant to § 252A(6) of Article XXV, only one structure can be erected and thereafter maintained, and such structure shall be erected on the ground and in the rear yard only and shall not exceed 144 square feet of floor area, nine feet in height maximum and 12 feet horizontally maximum, unless authorized as a special exception by the Board of Appeals.

[Effective 11-29-2005]

§ 29 Minimum lot area and width.

[Effective 1-29-1988]

No dwelling or other building shall be constructed on a lot unless it contains an area of not less than 6,000 square feet and has a minimum width of 60 feet at the front setback line and either has a minimum width of 60 feet from and on the street line to the front setback line or is a lot designated on a plat heretofore or hereafter duly filed in the office of the Clerk of the County of Nassau. The foregoing provision shall not apply to the construction of accessory uses, dwelling additions or building additions on a lot.