[Effective 12-29-1975]
A. 
In order to preserve the integrity of the plan of the original Levittown, the Town Board of the Town of Hempstead herein enacts this article of the Town of Hempstead Building Zone Ordinance, to be known as "Levittown Planned Residence District (LPRD)." This Town Board finds that due to the expiration of the original restrictive covenants governing lots in the planned community of Levittown, numerous properties that would otherwise be protected may become subject to further subdivision under existing town zoning provisions.
B. 
Due to the fact that originally Levittown was planned and developed as a whole community, piecemeal intrusion on scattered parcels by development will change the physical character of the residential areas and reduce open space. This new Article is designed to prevent any future deterioration to this stable community. This new Article applies to the various areas in Levittown appearing on the original Levitt & Sons, Inc., maps, more particularly described hereinafter.
C. 
This new Article, in combination with Town Law § 262 of the State of New York, is intended to provide a framework to carry out the intention of Levitt & Sons, Inc., as an owner who developed certain land in the Town of Hempstead as a planned suburban community of one-family dwellings, as evidenced by various declarations of restrictions which were filed in the office of the County Clerk of Nassau County.
D. 
This Town Board intends to accomplish these purposes, thereby protecting, preserving and promoting the public health, safety, general welfare and amenity of the Town of Hempstead.
This article shall be known and cited as the "Levittown Planned Residence District (LPRD) Article."
If any clause, sentence, section, paragraph or provisions of this article shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, section, paragraph or provision directly involved in the controversy in which such judgment shall have been rendered.
A. 
In interpreting and applying the provisions of this article, the rules of interpretation applicable to remedial legislation shall be used so that the spirit and intent of this article shall be observed.
B. 
In the event of a conflict between the provisions of this article and other provisions of this Building Zone Ordinance, the provisions of this article shall control.
In addition to the definitions in this Building Zone Ordinance, the following special definitions are applicable to this article. In the event of conflict, the following definitions will be controlling:
LEVITTOWN AREA
The residentially zoned premises situate, lying and being in the unincorporated area of the Town of Hempstead, County of Nassau, State of New York, as shown on the following maps filed in the office of the Clerk of the County of Nassau:
Name of Development
Map
Number
Filing
Date
Island Tree Sec. A
4405
6-9-1947
Island Trees Sec. B
4413
7-3-1947
Island Trees Sec. C
4413
7-3-1947
Island Trees Sec. D
4413
7-3-1947
Island Trees Sec. E
4439
9-5-1947
Island Trees Sec. F
4439
9-5-1947
Island Trees Sec. G
4439
9-5-1947
Island Trees Sec. H
4456
11-13-1947
Island Trees Sec. J
4457
12-16-1947
Levittown Sec. K
4507
3-31-1948
Levittown Sec. L
4507
3-31-1948
Levittown Sec. M
4507
3-31-1948
Levittown Sec. N-O-P
4526
5-6-1948
Island Trees Center
4674
4-14-1949
Island Trees East
4972
6-5-1950
Levittown Sec. Q and R
4555
6-24-1948
Levittown Sec. T U V W
4577
8-6-1948
Levittown Sec. S
4597
9-2-1948
Levittown Sec. X and Y
1622
11-26-1948
Levittown Sec. Z
4634
12-31-1948
Levittown Sec. AA
4647
3-1-1949
Levittown Sec. BB
4663
3-31-1949
Levittown Sec. CC
4664
3-31-1949
Levittown Sec. DD
4676
4-14-1949
Levittown Sec. EE
4676
4-14-1949
Levittown Sec. FF
4690
5-16-1949
Levittown Sec. GG
4690
5-16-1949
Levittown Sec. HH
4726
7-6-1949
Levittown Sec. JJ
4726
7-6-1949
Levittown Sec. KK
4735
7-19-1949
Levittown Sec. LL
4752
8-16-1949
Levittown Sec. MM
4752
8-16-1949
Levittown Sec. NN
4760
8-30-1949
Levittown Sec. OO
4760
8-30-1949
Levittown Sec. 1
4782
10-5-1949
Levittown Sec. 7 and 8
4920
4-20-1950
Levittown Sec. 11
4957
5-17-1950
Keats Court
7787
5-4-1964
Mark Allen Gardens
6677
5-8-1956
Mayfair Park Sec. 1
5442
4-24-1952
Mayfair Park Sec. 2
5501
6-20-1952
Mayfair Park Sec. 3
5552
8-29-1952
Mayfair Park Sec. 4
5609
10-30-1952
Mayfair Park Sec. 5
5711
2-16-1963
Mayfair Park Sec. 6
5774
4-8-1953
Mayfair Park Sec. 7
5854
5-15-1953
Mayfair Park Sec. 8
5953
9-29-1953
Mayfair Park Sec. 9
6110
4-2-1954
Mayfair Park Addition 1
6010
11-27-1953
Miller Homes Sec. 1
4357
10-25-1946
Miller Homes Sec. 2
4384
3-10-1947
Milshire Park
4500
3-18-1948
Murray Estates
5983
11-5-1953
Newbridge Acres Sec. 1
5738
3-13-1953
Newbridge Acres Sec. 2
5998
11-16-1953
Newbridge Acres Sec. 3
6131
5-3-1954
Newbridge Acres Sec. 4
6259
9-21-1954
Newbridge Acres Sec. 5
6339
1-21-1955
Newbridge Acres Sec. 6
6451
6-22-1955
Old Britton Estates
5729
3-2-1953
Orchard Park Gardens Sec. 1
6090
3-9-1954
Orchard Park Gardens Sec. 2
6293
11-16-1954
Orchard Park Gardens Sec. 3
6526
9-19-1955
Orchard Park Gardens Sec. 4
6578
12-2-1955
Parkfield & Bethpage Sec. 1
6807
1-14-1957
Parkfield & Bethpage Sec. 2
7009
3-13-1958
Parkfield & Bethpage Sec. 2
(Alteration Map)
4453
10-24-1947
Park Lawn Sec. 1
5060
9-5-1950
Park Lawn Sec. 2
5176
3-9-1951
Park Lawn Sec. 3
5210
5-2-1951
Plainedge Homes Sec. 1
5364
12-14-1951
Plainedge Homes Sec. 2
5495
6-16-1952
Plainedge Homes Sec. 3
5496
6-16-1952
Plainedge Lawns
6245
9-3-1954
Rosewood Hills
6095
11-20-1953
Sea Corey Park
6291
11-9-1954
Sherman Manor
5874
6-29-1953
Sherrey Park Homes
8258
10-28-1969
Suburban Estates
6217
8-6-1954
Wantagh Lawns Amended Sec. 1
5514
7-7-1952
Wantagh Lawns Amended Sec. 2
5515
7-7-1952
Wantagh Lawns Amended Sec. 3
5634
12-3-1952
Wantagh Lawns Amended Sec. 4
5666
1-7-1953
Wantagh Lawns Amended Sec. 5
5759
3-30-1953
Wantagh Lawns Amended Sec. 6
5886
7-17-1953
Levitt Sec. 16 and 17
5020
7-17-1950
Levitt Sec. 18
5021
7-17-1950
Levitt Sec. 19 and 20
5028
7-31-1950
Levitt Sec. 21
5045
8-21-1950
Levitt Sec. 22 to 25, inclusive
5077
9-21-1950
Levittown Sec. 26 and 27
5164
2-20-1951
Levittown Sec. 28 and 29
5196
3-30-1951
Levittown Sec. 30
5197
4-6-1951
Levittown Sec. 31
5202
4-16-1951
Levittown Sec. 32 and 33
5208
4-30-1951
Levitt Sec. 34 and 35
5223
5-21-1951
Levitt Sec. 36 and 37
5230
6-7-1951
Levitt Sec. 38
5231
6-7-1951
Levitt Sec. 39
5232
6-7-1951
Alan Crest Homes
6840
3-22-1957
Associated Terrace, Inc., Sec. 1
5749
3-24-1953
Associated Terrace, Inc., Sec. 2
5838
6-1-1953
Associated Terrace, Inc., Sec. 3
5937
9-16-1953
Associated Terrace, Inc., Sec. 4
6041
1-19-1954
Associated Terrace, Inc., Sec. 5
6280
10-22-1954
Associated Terrace, Inc., Sec. 6
6397
4-5-1955
Aviation Park
34
5-17-1911
Barb-El Estates
7868
1-15-1965
Belpark Manor
7187
7-6-1959
Bethpage Manor
4952
5-12-1950
Bethpage Terrace Sec. 1
4942
5-9-1950
Bethpage Terrace Sec. 2
5211
5-2-1951
Bethpage Terrace Sec. 3
5392
2-21-1952
Birchwood & Plainedge
5510
7-1-1952
Brooktree Park
7465
7-17-1961
Brenner Estates
647
5-19-1928
Bur-Bor Homes
7650
2-20-1961
Cherrywood Sec. 1
5702
2-5-1953
Cherrywood Sec. 2
5811
5-13-1953
Cliff Steven Estates
8112
12-22-1967
Country Squires Addition
7819
9-24-1964
Crest Haven Sec. 1
4848
12-30-1949
Debra Park
6784
11-26-1956
East Meadow Estates
7915
6-28-1965
Elm Manor Homes
7919
8-2-1965
Fams Homes
7713
7-23-1963
Farm Ranch Homes
4912
4-12-1950
Garay Estates
8353
4-26-1971
Garden Farm Homes Sec. 1
804
5-26-1933
Garden Farm Homes Sec. 2
804
5-16-1934
Gardiners Park Homes
6364
3-23-1955
Gerard Homes
8131
3-22-1968
Hahn Estates Sec. 1
5737
3-12-1953
Hahn Estates Sec. 2
5964
10-14-1953
Hahn Estates Sec. 3
6258
9-21-1954
Hahn Estates Sec. 4
6303
12-3-1954
Wantagh Manor Sec. 1
5535
8-5-1952
Wantagh Manor Sec. 2
5728
3-2-1953
Wantagh Oaks Sec. 1
5265
7-26-1951
Wantagh Oaks Sec. 2
5397
2-27-1952
Wantagh Oaks Sec. 3
5492
6-16-1952
Wantagh Oaks Sec. 4
5593
10-21-1952
Wantagh Oaks Sec. 5
5681
1-23-1953
Wantagh Oaks Sec. 6
5741
3-18-1953
Wantaghwood
5409
3-14-1952
Whitebirch & Wantagh Sec. 1
5560
9-16-1952
Whitebirch & Wantagh Sec. 2
5710
2-16-1953
Whitebirch & Wantagh Sec. 3
5744
3-20-1953
Whitebirch & Wantagh Sec. 4
5951
9-29-1953
Whitebirch & Wantagh Sec. 5
6007
11-24-1953
Whitebirch & Wantagh Sec. 6
6157
5-27-1954
Together with all residentially zoned premises situate, lying and being within the following-described boundaries:
Beginning at a point where the west line of Newbridge Road intersects the Town of Hempstead - Town of Oyster Bay boundary line; running thence easterly along said boundary line to a point where said line turns and runs southerly; thence continuing southerly along the Town of Hempstead - Town of Oyster Bay boundary line, to a point on the center line of the Southern State Parkway; thence running westerly along said center line to a point on the center line of the Seaford - Oyster Bay Expressway; thence running southerly along said center line to a point on the center line of Jerusalem Avenue; thence running westerly along said center line to a point on the center line of the Wantagh State Parkway; thence running northerly along said center line to a point on the center line of Salisbury Park Drive; thence running westerly and northwesterly and westerly along said center line to a point on the center line of Stewart Avenue; thence running northeasterly along said center line to a point on the southwesterly boundary line, when projected southeasterly, of filed map of Section 17 of subdivision map of property known as "Levittown," filed in the Nassau County Clerk's office July 17, 1950, as Case No. 5021; thence running northwesterly and northeasterly along the boundary line of the last-mentioned filed map and continuing along the northerly line of Lot 70, of Block 19, Section 45, projected northeasterly, as shown on the Nassau County Land and Tax Map, to a point on the center line of Carman Avenue Extension; thence running southerly along said center line to a point on the center line of Carman Avenue; thence running northeasterly along said center line to a point on the west boundary line of Wantagh State Parkway; thence running southerly along said west boundary line to a point on the Town of Hempstead - Town of Oyster Bay boundary line; thence running southerly and easterly along the last-mentioned boundary line, across Wantagh State Parkway to a point on the west line of Newbridge Road, the point or place of beginning.
LEVITTOWN PLANNED RESIDENCE DISTRICT (LPRD)
The residentially zoned premises situate, lying and being in the Levittown area.
There is hereby established the Levittown Planned Residence District (LPRD). In the Levittown Planned Residence District (LPRD), buildings and structures may be erected, altered or used and lots or premises may be used in accordance with the provisions of §§ 177 to 193, both inclusive, and not otherwise.
A building may be erected, altered or used and a lot or premises may be used for any of the following purposes, and for no other:
A. 
Single-family detached dwelling or senior residence.
[Effective 8-31-1992]
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, permitting schools, colleges and universities, was repealed effective 8-30-2007.
C. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C, permitting religious uses, was repealed effective 8-30-2007.
D. 
Agriculture or nursery, provided that there is no display for commercial purposes or advertisement on the premises.
E. 
Municipal recreational use.
F. 
Railway passenger station.
[Effective 7-6-1992]
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.
No sign whatsoever shall be displayed except a family or professional name and address plate.
No excavations 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, which such removal is necessary as an accessory use or is made for the purpose of farming or improving said property, shall be made unless approved by the Board of Appeals.
A. 
No business or trade of any kind shall be carried on upon any lot except when approved by the Board of Appeals pursuant to Article XXVII.
B. 
No permanent trailer, tent, shack or other structure shall be located, erected or used.
All existing and permitted uses may be continued as provided in this ordinance.
Special uses, when approved by the Board of Appeals pursuant to § 272, shall be permitted.
A. 
In the case of a single-family dwelling, no building shall be greater in height than 2 1/2 stories or 30 feet.
B. 
In 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.
The building area shall not exceed 30% of the lot area.
The ground floor of each dwelling, exclusive of one-story open porches and garages, shall be not less than 750 square feet in the case of a one-story dwelling, nor less than 550 square feet in the case of one-and-one-half-, two- or two-and-one-half-story dwellings.
A. 
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 with 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 40 feet.
B. 
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 25 feet.
C. 
Where a building is not controlled by Subsection A above, there shall be a front yard, the depth of which shall be at least 25 feet back of the street line.
A. 
In case of a single-family dwelling, there shall be two side yards, one on each side of the main building, the aggregate widths of which shall be at least 15 feet. Neither side yard shall be less than five feet wide.
B. 
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.
There shall be a rear yard, the depth of which shall be at least 25 feet. In case of a building over 40 feet high, the depth shall be increased five feet for each 12 feet or portion thereof by which the building exceeds 40 feet in height.
A. 
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.
B. 
In any case where the Board of Appeals had diminished a required yard by a variance or special exception, none of the foregoing encroachments shall be permitted encroachments in such diminished yard.
[Effective 6-18-2002]
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.
A. 
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 to 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 not be less than five feet from any side line; should such accessory garage be located 45 feet or more from the property line, it cannot be less than two feet from the side and rear property lines.
B. 
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 an 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.
C. 
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 7-6-1992]
A. 
The legislative intent of this section is to permit the Town Board to enact higher standards for structures within the Levittown Planned Residence District (LPRD) than those prescribed by the provisions of this ordinance.
B. 
No dwelling or other building shall be erected on any lot unless it contains an area of not less than 6,000 square feet and has a minimum width of 60 feet from and on the street line to the front setback line. The foregoing provision shall not apply to the construction of accessory uses, dwelling additions or building additions on a lot. In the case of a corner lot, a front yard shall be required on each street.
[Effective 1-29-1988]
C. 
No dwelling or other building shall be erected on any lot having a depth of less than 100 feet.
D. 
No more than one single-family dwelling shall be erected on any lot on any map being part of the Levittown Area as defined in this article.
If any plot on which a building has been erected shall be subdivided into two or more plots in such a manner that the resulting plot on which such building remains shall not comply with § 193 hereof, the right of the owner thereof to maintain such building on such plot shall immediately cease, and he shall remove the same on the order of the Town Building Inspector.