Town of Hempstead BZO, NY General Provisions

When the utilized floor area is more than 25% of the total floor area of the unit, and in no event more than 500 square feet of floor area.

When the home occupation produces offensive noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare or other objectionable effects.

Placement of commercial vehicles on premises improved with a single- or two-family residence.

[Effective 7-30-1996]

No commercial vehicle shall be placed upon the exterior portion of any premises which is improved with a single- or two-family residence, except during active loading or off-loading of merchandise, or except during the active performance of any commercial service or duty undertaken by the operator of such vehicle in connection with said premises.

For the purpose of Subsection H(1) above, a "commercial vehicle" shall be defined as a vehicle which requires commercial registration under the New York State Vehicle and Traffic Law or the regulations adopted thereunder, or as any other vehicle which, by reason of the attachment of advertising messages and/or storage of service equipment or other commercial merchandise or hardware, presents the outward appearance of a vehicle which is primarily utilized in furtherance of commercial or industrial enterprise.

In any use district, each commercial establishment opened to patrons of all ages shall display adult materials only in the following manner:

[Effective 1-8-1996]

Adult materials shall not be displayed in the same casement as materials which are permitted to be sold to patrons of all ages.

A casement displaying adult materials shall be enclosed and not displayed in a manner visible to all patrons.

The area of a commercial establishment displaying adult materials shall not exceed 5% of the establishment's total floor space utilized for display, except that in no event shall such area exceed 50 square feet.

A casement displaying adult materials shall be clearly identified as an adult display which is not to be viewed by minors.

For the purpose of the above provisions, the term "adult materials" is defined as any book, magazine, periodical, film, slide, videotape, game, toy or device which is forbidden to be sold to minors.

The right of any commercial establishment which is lawfully in existence on the effective date of this section to operate in violation of this section as a legal nonconforming use shall terminate by amortization on July 31, 1996.

Restrictions on tobacco advertising.

[Effective 6-6-2000]

The Town Board has found that it is in the public interest to restrict the presence of tobacco advertising in the vicinity of certain identified buildings, structures and open areas which tend to be frequented by impressionable children. As such, the Town Board, by this ordinance, does hereby adopt certain minimum distances from such buildings, structures and open areas within which tobacco advertising shall be restricted.

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

TOBACCO ADVERTISEMENT

Any word(s), logo, or other visual image which has the effect of placing before the public the existence or availability of tobacco products, including, but not limited to, the identification of a brand or trademark of a tobacco product.

Restrictions. It shall be unlawful for any owner, lessee or person in control of premises to place, cause to be placed, maintain, or cause to be maintained, any tobacco product advertisement at the following locations:

In any outdoor area within 1,000 feet, in any direction, of any park, playground, school, or duly licensed child day-care center.

Upon the exterior portion of any building or structure within 1,000 feet, in any direction, of any park, playground, school, or duly licensed child day-care center.

(c)

In the interior of a building or structure within 1,000 feet in any direction of any park, playground, school, or duly licensed child day-care center, when such advertisement is located within five feet of any exterior window or exterior doorway, except that such advertisements may be situated in such interior areas when it is parallel to said windows or doorways, and facing inward, or affixed to a wall panel or similar fixture which is substantially perpendicular to said window or doorway.

Exceptions. Nothing in this subsection shall prevent the on-site display of a trade name identifying the principal place of business of a legal entity, which display is not used for the advertisement of tobacco products.

Applicability. Nothing contained in this subsection shall relieve any person or other legal entity from compliance with any other regulation contained in this ordinance, or any other applicable local or state laws.

Amortization. Any right of any person or any legal entity to maintain any tobacco advertisement in violation of the provisions of this subsection as a legal nonconforming use shall terminate by amortization upon the expiration of 30 days after the effective date of this subsection.

Restrictions on check-cashing establishments.

[Effective 11-29-2005; 1-10-2006]

Prohibition. In any use district except Y Industrial and LM Light Manufacturing Districts, check-cashing establishments are hereby expressly prohibited.

Definition. A check-cashing establishment is defined as a place where checks are cashed and/or payday or other short-term type loans are offered, but where general banking services, including but not limited to the establishment of savings and checking accounts, provision for deposits and withdrawals therefrom, and payment of accrued interest, are not offered on a regular basis.

Amortization. Any check-cashing establishment that is in violation of this subsection but is lawfully in existence in any unincorporated portion of the Town of Hempstead upon the effective date of this subsection shall become a legal nonconforming use and shall terminate by amortization no later than five years immediately following the effective date of this subsection.

Restrictions on the location of off-track betting parlors. Notwithstanding any provision of this ordinance to the contrary, and notwithstanding any approvals issued by other agencies of government under separate authority of law, an off-track betting parlor shall be prohibited in all use districts of the Town, except that an off-track betting parlor as authorized or established under the New York State Racing, Pari-Mutuel Wagering and Breeding Law, or otherwise by state law, shall be permitted in the Business, Light Manufacturing and Industrial Districts, provided that the building in which the off-track betting parlor is located must be at least 500 feet distant from any property improved with a dwelling, and at least 1,000 feet distant from any property improved with a school or house of worship.

[Effective 2-18-2008]

Prohibition on cooking facilities in certain zones. Notwithstanding any other provision in this ordinance, cooking facilities shall not be permitted in any individual sleeping accommodation or unit in any motel, hotel, or other lodging facility in an X Business (X), LM Light Manufacturing (LM) or Y Industrial (Y) Districts.

[Effective 3-9-2004]

Eradication of graffiti.

[Effective 4-14-2009]

The Town Board believes that defacement of buildings and structures with graffiti is a serious blight that reflects badly on the commercial and residential neighborhoods where it is found. This problem detracts from area character and property values, and it is imperative that the Town take affirmative steps to encourage abatement in a meaningful way. Apprehension of persons who commit the crime of defacement via graffiti is difficult, because they will immediately abscond from the scene on completion of their act. It is therefore imperative for the good of the communities where it is found to place certain legal burdens on persons or entities in charge of properties which have been defaced. To meaningfully combat the problem of graffiti, this new section of the Town's zoning regulations shall impose a strict liability on owners, lessees and other persons in control of buildings and structures which have been defaced. Specifically, they will have to remove the graffiti within certain time limitations, or the Town will do it for them and recoup the cost via special tax assessment, or prosecute them in court.

The term "graffiti" means one or a series of images appearing on privately owned property, including a building thereon, a fixed or mobile structure thereon, or a ground surface thereof, applied by means of painting, drawing, dye, ink, writing, etching, carving, or any similar method or substance, and visible from a public place, if any of the following is true:

It was applied without the written consent of the owner, lessee, or other person in control of such private property; or

It is not an image or series of images that is customarily found on that type of building, structure or ground surface; or

(c)

It was applied with intent to damage the building, structure or ground surface.

Notice to owners, lessees and persons in control of private property. Whenever the Building Inspector or a person acting on his/her behalf shall verify a complaint that graffiti as defined in this Subsection N is present upon any building, structure or ground surface located on private property within the unincorporated part of the Town, the Building Inspector or person acting on his/her behalf shall send written notice to the owner, lessee and any other known person in managerial control of such building, structure or ground surface that such graffiti exists, and shall order that the graffiti be removed. The notice and order shall be sent to these persons or entities at their last known address, and a copy shall be posted conspicuously on the subject property. The notice shall state that the person notified must remove the graffiti or consent to its removal by the Town within 10 days from the date the notice was mailed, or such longer time as the Building Inspector may allow under the circumstances. Removal shall include either elimination, painting over, or otherwise obscuring the graffiti from view, in a manner that shall cause the affected area to appear in a finished condition and substantially the way that it did prior to the imposition of the graffiti.

Removal by Town with consent. Whenever the Building Inspector, or a person acting on his/her behalf, determines that graffiti is being maintained at a location in violation of this Subsection N, the Building Inspector, or a person acting on his/her behalf, is authorized to provide for and use Town resources or funds, if necessary and warranted, to remove the graffiti, upon securing the written consent from one or more of the owners, lessees, or other person or entity in managerial control of the property, together with a properly executed release and waiver in favor of the Town of Hempstead approved by the Town Attorney.

Removal by Town without consent. The Town may also remove graffiti that violates this Subsection N if the notice referenced in Subsection N(3) above has been sent; the graffiti has not been removed; no consent for the Town to do so has been provided; the time period in the notice has expired; and any required hearing has been held as provided below.

Hearing. Prior to the Town abating graffiti on private property without consent, a hearing before the Building Inspector or his designee shall be held if, prior to removal, it is requested in writing by any recipient of the notice, addressed to the Building Inspector and delivered to him personally at his office or by mailing to his office by certified mail, return receipt requested. After the hearing, the Building Inspector may proceed with removal by the Town or provide the person who requested the hearing a period of not more than 30 days from the date of the hearing to do so. If time is given and the graffiti is not removed by expiration thereof, the Town may proceed with removal.

Assessment of cost. Whenever the Town removes any graffiti, either with or without consent as provided herein, upon completion of the abatement, the costs and expenses thereof shall be itemized and collected in the manner fixed by law for the collection of Town taxes, and further, the assessed amount shall be increased by imposition of a delinquent penalty of 6% in the event same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent.

As an alternative measure to Subsection N(3) through (7) hereof, whenever the Building Inspector or a person acting on his behalf shall verify a complaint that graffiti as defined in this Subsection N is present upon any building, structure or ground surface located on private property within the unincorporated part of the Town, enforcement of this Subsection N may be pursued by way of prosecution of the owner, lessee and any other person in control of such building, structure or ground surface in the District Court of Nassau County, Hempstead Part, or application for an injunction in New 'Cork State Supreme Court, County of Nassau.

(9)

It shall be an unclassified misdemeanor for any person to remove, relocate, obscure or alter the posted notice and order referenced in Subsection N(3) hereof.

(10)

This ordinance shall take effect six months after its adoption and publication, and said six-month period shall constitute an amortization period in which all owners, lessees, or other persons with managerial control of places in the Town where graffiti exists on the effective date of this Subsection N must remove same or face enforcement procedures as outlined herein.

In any use district, no storefront of any premises adjacent to a public street shall be maintained with a roll-down or retractable-type security gate, unless:

[Effective 6-8-2012]

The gate shall be installed on the interior side of the storefront; and

When the gate is rolled down or unretracted, it shall not fully or substantially block the view of the interior of the premises from the public street.

No parcel of real property improved with a business, dwelling or multiple dwelling may be maintained in such a manner that a light-emitting device or facility, including but not limited to a spotlight or floodlight, shall emit glare (visible light) from any point upon the parcel onto any part of an adjacent or nearby residential dwelling. Any such light shall be deemed in compliance with this section if it is hooded or shielded in such a manner as shall direct the glare downward and away from adjacent or nearby dwellings, or if the light emits 1,500 lumens (one-hundred-watt bulb) or less. The owner or lessee of any property lawfully maintaining a light-emitting device or facility upon the effective date of this subsection may continue to do so as a legal nonconforming use, but such legal nonconforming status shall terminate by amortization on January 1, 2013, at which time such property shall be brought into compliance with this subsection.

[Effective 7-28-2012]

No building shall be erected or maintained, the principal use of which is to serve food to patrons for on-site consumption, unless each exterior wall of the building adjacent to all public occupancy areas except restrooms or toilet facilities shall have a window or windows, to the extent that windows shall occupy not less than 15% of the surface area of each such wall, and each such window is unobstructed such that persons may directly and substantially view the indoors or outdoors at all times that the use is open for business. Nothing herein shall be construed in a manner which would violate or supersede any applicable fire or building code regulations. This provision shall be applicable to all buildings to be constructed after the effective date hereof, and to any existing building which does not have a certificate of occupancy for restaurant use on the effective date hereof.

[Effective 3-3-2016; 5-30-2016]

Temporary moratorium established.

[Effective 12-5-2016]

Legislative intent. The Town Board is greatly concerned that area character and property values be preserved, enhanced and protected for the benefit of Town residents, both within incorporated villages and in the unincorporated areas of the Town. The Town Board notes that a key aspect of accomplishing that goal of protecting area character is to ensure that substantial new residential development would be on lots of a minimum size, and subject to dimensional area requirements, that are fairly consistent with existing residential lots in the surrounding area. The Town Board has noted that within the unincorporated area of the Town of Hempstead, there are one or more properties that are improved with privately owned golf courses and their accessory buildings and structures, which properties are adjacent or proximate to incorporated villages that are primarily developed with detached single-family dwellings. The Town Board has noted that these villages have zoning regulations which include minimum lot sizes and other area requirements for single-family dwellings which are far in excess of the Town's existing zoning district regulations which allow for development of detached single- or two-family dwellings. As such, the Town Board believes that, as a matter of sound land-use planning, it is a prudent action to impose a moratorium at this time on issuing of building permits for residential development of existing golf course properties if any portion of such golf course property is adjacent to or fairly proximate to one or more incorporated villages that are primarily developed with single-family residences. Doing so will allow the Town the time to conduct a full review of the layout of existing homes and the current area-based zoning regulations set forth in the zoning codes of the proximate villages. Doing so will enable the Town Board to determine whether to enact comprehensive new lot sizes and other area-based regulations that would apply to possible residential development of golf course property or properties at the end of the moratorium period, that will allow for reasonable residential development, basically in line with the zoning regulations of the villages, and, ultimately, provide for reasonable development, while fully protecting established area character of all surrounding properties, including within the village(s) in question.

Moratorium declared and imposed. Effective immediately upon adoption of this § 302R in accordance with law, a moratorium is hereby declared and imposed, whereby the Department of Buildings and any other Town agency or department with jurisdiction will not issue any final building permit or other necessary approval, in connection with any application for residential development of any part of a privately owned golf course property, including areas of the golf course, clubhouse building(s) and/or accessory buildings, structures, appurtenances or interior roads or pathways of any kind, provided that any part of the overall golf course property is located either adjacent to or within 500 feet of any land included within the territorial limits of an incorporated village.

This moratorium shall remain in effect for 180 days, and is subject to ninety-day extensions by further administrative action of the Town Board, if the Town Board shall determine that any such extension is necessary to maintain the status quo while it shall properly conduct and complete its study and enact new regulations, as it may deem appropriate.

Nothing herein shall prevent the filing of a building permit application with the Department of Buildings or any other involved agency or department. However, any such filing and payment of fees is strictly at applicant's risk, in the event that newly imposed regulations lead applicant to file new applications in accordance with new regulations.

While the imposition of the within moratorium is a Type II action under the State Environmental Quality Review Act (SEQRA), nothing herein shall be construed as to dispense with any requirement of the Town or any other agency, government or person to comply with any or all applicable SEQRA or other lawful requirements in enacting any new zoning regulations in accordance with the foregoing provisions.

The foregoing provisions are severable, and invalidation of any provisions by a court of competent jurisdiction shall affect that provision only, and the balance of the provisions shall remain in full force and effect, for all purposes.

Restriction and prohibition of "hookah" facilities or establishments. Except at premises located wholly within the "Y" Industrial or "LM" Light Manufacturing districts of the Town, it shall be unlawful to operate any facility or establishment which, whether as its primary use or as an accessory or ancillary use, includes the smoking of tobacco or other substances through one or more hookah pipes (a single or multi-stemmed instrument used by one or more persons to smoke tobacco or another substance, which hookah pipe is also commonly referred to as a hookah, waterpipe, shisha or narghile). This prohibition shall include but not be limited to facilities or establishments commonly known by such various terms as hookah bars, hookah lounges, or hookah cafes. All such facilities or establishments lawfully and actually operating, and open to the public or a segment thereof or a club membership as of the date of adoption of this § 302S shall be permitted to continue as legal nonconforming uses, and all others are hereby declared unlawful and prohibited, effective immediately in accordance with law.

[Effective 1-29-2018]

Temporary moratorium on recreational marijuana uses.

[Effective 3-25-2019]

Legislative findings and intent. The Town Board of the Town of Hempstead finds that:

Under both federal and state law, the sale of marijuana is illegal for recreational use.

The State of New York (the "state") is considering legislation that would legalize the adult use of recreational marijuana in the state. In response, the County of Nassau is conducting hearings on the subject and has created a task force to study the impact of legalized marijuana on the county.

(c)

It is anticipated that, if adopted, the state will regulate and/or allow for local municipalities at either the county, town and/or village level of government to regulate the number and location of retail marijuana stores, social clubs, establishments, cultivation facilities, manufacturing facilities and testing facilities ("retail marijuana uses"), as well as providing the option to prohibit the operation of these uses within the municipalities' jurisdiction.

(d)

The Town's current local laws and ordinances do not include any regulations related specifically to the retail marijuana uses contemplated under the proposal currently being considered by the state.

(e)

The unregulated location and operation of retail marijuana uses within the Town raises legitimate and substantial questions about the impact of such uses on the Town, including questions about the compatibility of retail marijuana uses with existing uses and development in the Town; the potential adverse health and safety effects of retail marijuana uses on the community if not properly regulated; the possibility of illicit sale and use of marijuana and marijuana products to minors and misuse of marijuana and marijuana products by those who would abuse the uses which may be authorized under any proposal that the, state may enact; potential criminal activity associated with the cultivation, manufacturing, sale and use of marijuana and marijuana products for nonmedicinal purposes and the potential increased burden on local law enforcement and fire departments; and the adequacy of the Town's streets and infrastructure to accommodate the additional traffic and/or population that may result from the presence of retail marijuana uses.

(f)

The possible effect of the location and operation of retail marijuana uses within the Town has potentially serious implications on the health, safety and welfare of the Town and its residents.

(g)

The Town needs time to review the proposed legislation, as well as any law that may be enacted by the state, and to review its own local laws and ordinances to determine the implications of future proposed retail marijuana uses to develop reasonable local laws and ordinances governing the location and operations of such uses to address the concerns cited above.

(h)

The Town's current ordinances are insufficient to prevent serious public harm that could be caused by the unregulated development of retail marijuana uses and other uses which may be authorized under the proposed legislation, thereby necessitating a moratorium.

(i)

The Town Board, in consultation with Town staff and with the professional advice and assistance of others, shall study the Town's current local laws and ordinances to determine the land use and other regulatory implications of retail marijuana uses and consider what locations, if any, and conditions of approval, if any, might be appropriate for such uses.

(j)

A moratorium is necessary to prevent an overburdening of public facilities that is reasonably foreseeable as the result of retail marijuana uses which may be authorized under the proposed state law, being located in the Town.

(k)

It is anticipated that such a study, review, and development of recommended changes to existing local laws or ordinances, or adoption of new local laws or ordinances, will take at least one year from the date this moratorium is enacted.

(l)

The Town Board of the Town of Hempstead finds that it is in the best interest of the Town to impose a one-year moratorium on the establishment, location, operation, permitting, approval, or licensing of any and all retail marijuana uses within the Town.

Scope of moratorium. Effective immediately upon adoption of this ordinance and in accordance with law, a moratorium is hereby declared and imposed, whereby no officer, official, employee, office, administrative board or agency of the Town of Hempstead shall accept, process, approve, deny, or in any other way act upon any application for a license, building permit, any other type of land use approval or permit and/or any other permits or licenses related to a retail marijuana use concerning any parcel of real property situated within the unincorporated area of the Town of Hempstead. As used in § 302S, the term "marijuana" shall have the same meaning as the definition ascribed to "marihuana" in NY Public Health Law § 3302.

Extension of moratorium. This moratorium may be extended for up to two additional periods of up to three months each by resolution of the Town Board upon a finding of necessity for such extension.

Variances and appeals. Any appeal for a hardship variance related to a prohibition of this ordinance or a decision by the building inspector pursuant to this ordinance may be made to the Town Board. In reviewing such variance application, the Town Board shall apply the statutory standards for granting a use or area variance. Should a hardship variance be granted by the Town Board, the exempted development project shall be subject to all applicable provisions of the Code of the Town of Hempstead.

Conflicts with state statutes and local laws and authority to supersede. To the extent that any provisions of this ordinance are in conflict with or are construed as inconsistent with the provisions of the New York State Town Law or any local ordinance, law, or regulation, this ordinance supersedes, amends, and takes precedence over the Town Law and such local ordinances, laws or regulations, pursuant to the Town's municipal home rule powers pursuant to Municipal Home Rule Law § 10 and § 22 to supersede any inconsistent authority. Pursuant to the same powers, and without limiting the generality of the foregoing, this ordinance supersedes the provisions contained in:

Article 8 of the Environmental Conservation Law (known as the "State Environmental Quality Review Act") and the regulations thereunder to the extent that such provisions require that an agency determine the environmental significance of an application within certain specified timeframes; and

Town Law § 267 and §§ 267-a through 267-c, pertaining to the variance authority of the board of zoning and appeals.

Penalties for offenses. Any person, firm, corporation, or other entity, which shall construct, erect or install any building, improvement, or structure, or subdivide, or use land in violation of the provisions of this ordinance, shall be guilty of a violation, punishable by a fine of not less than $1,000 or by imprisonment not exceeding 15 days, or by both, for each day that such violation shall exist. Nothing herein shall be construed so as to limit the authority of the Town to seek and obtain injunctive relief for any such violation or violations.

Validity and severability. If any clause, sentence, paragraph, subdivision, section, or part of this ordinance or the application thereof to any person, individual, corporation, firm, partnership, or business shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this ordinance, or in its specific application.

When effective. This ordinance shall take effect immediately and shall remain in full force and effect for a period of one year from the effective date.

No building may be used as a "tobacco business" or as a "retail tobacco business" or as a "retail electronic cigarette store" or further as a place that is otherwise used primarily for the retail sales of "tobacco products" and/or "herbal cigarettes" and/or "electronic cigarettes" and/or "vapor products," either with or without products accessory thereto, as all of those terms are defined in the New York State Public Health Law, as amended, unless the entire building in which any of such uses is situated shall be wholly contained within either the (LM) Light Manufacturing District, or the (Y) Industrial District, and further not unless every part of such building is at least 1,000 linear feet distant from any part of premises used for a school, park or playground.

[Effective 3-23-2021]

§ 302.1 Permitted encroachments.

[Effective 1-6-1992]

The following encroachments hereby are permitted:

In any use district, an exterior accessible route for use by the physically handicapped, which may include parking access aisles, curb ramps, walks, ramps and lifts.

§ 302.2 Temporary storage containers.

[Effective 11-29-2005]

Definition. As used in this section, the following terms shall have the meanings indicated:

STORAGE CONTAINER

Any container intended for the purpose of storing or keeping household goods and other personal property that is intended to be filled, refilled, or emptied while located outdoors on a residential property, and later removed from the property for storage off-site.

It shall be unlawful for any person, firm or corporation to place, keep or maintain any storage container on any property improved with a single-family dwelling without securing a permit.

Any person desiring a permit to place or maintain a storage pod shall file an application with the Building Department. The form for this application is to be furnished by the Department of Buildings and shall be sworn to and filed by the applicant with the Department of Buildings, along with an application fee of $100 for a new permit, $75 for a time extension of a permit.

A permit for a storage pod may only be granted if there is currently a permit for improvement to a single-family dwelling with a cost of improvement of at least $25,000.

A storage container may not be more than 120 square feet, and may be no more than eight feet in height.

The storage container shall be set back from any side yard a minimum of five feet, from the front yard by a minimum of five feet, and also be a minimum of five feet away from any structures on the property. In granting the permit the Building Inspector shall consider the rights of adjacent property owners so that there shall not be any unreasonable deprivation of light, air or a reasonable use of adjoining property.

The Building Inspector is hereby authorized, in the exercise of reasonable discretion, to revoke any permit issued hereunder if, after due investigation, he deems that the holder thereof has violated any provisions of this ordinance, in that the storage pod is being maintained in an unsafe manner or is being maintained as a nuisance. Written notice of said revocation shall be given, either by personal service upon the person to be notified or by depositing said notice in the United States mail in a sealed envelope, postage prepaid, addressed to such person at the address which appears on the records of the Building Department.

The length of time a storage container shall be permitted to remain shall be 90 days with up to two thirty-day extensions. A further extension shall be permitted only upon good cause demonstrated to the Department of Buildings. It shall be mandatory that the storage container be removed at the end of the permitted period of time.

§ 302.3 Bird feeding and bird-feeding receptacles.

[Effective 3-15-2014]

Migratory water fowl.

Legislative intent. Feeding of migratory waterfowl in residential areas has an unreasonably adverse effect on the use and enjoyment of neighboring residential properties. The below provisions are intended to curb such adverse effect by prohibiting bird feeding and bird feeders in close proximity to waterways. Nothing in these provisions shall be construed to make legal any act or condition otherwise prohibited by applicable law or regulation.

In any district in which single-family residences are expressly permitted, no exterior portion of a premises within 300 feet of a waterway shall be used or maintained as a place for the outdoor feeding of birds, either by provision of edible or nutritive material in a receptacle, or by placing such material upon the ground or water, or by otherwise creating or fostering any condition or allowing any condition to exist or continue which attracts, encourages or results in multiple birds returning to such premises on a regular basis. Aggregation of at least 10 birds upon such premises at no less than three specific dates and times within any consecutive fifteen-day period shall create a rebuttable presumption that such premises is being used or maintained as a place for the outdoor feeding of birds in violation of this subsection.

In any district in which single-family residences are expressly permitted, no exterior portion of a premises within 300 feet of a waterway shall be used as a place for the installation or maintenance of any receptacle containing edible or nutritive material, which receptacle is used or usable for the outdoor feeding of birds.

Pigeons.

Legislative intent. Unregulated feeding of pigeons in residential areas has an unreasonably adverse effect on the use and enjoyment of neighboring residential properties. The below provisions are intended to curb such adverse effect by regulating pigeon feeding and pigeon feeders in residentially zoned areas. Nothing in these provisions shall be construed to make legal any act or condition otherwise prohibited by applicable law or regulation.

In any district in which single-family residences are expressly permitted, no exterior portion of a premises shall be used or maintained as a place for the outdoor feeding of pigeons, either by provision of edible or nutritive material in a receptacle, or by placing it upon the ground or water, or by otherwise creating or fostering any condition or allowing any condition to exist or continue which attracts, encourages or results in multiple pigeons returning to such premises on a regular basis, except upon the grant of a special exception by the Board of Appeals. Aggregation of at least 10 pigeons upon such premises at no less than three specific dates and times within any consecutive fifteen-day period and without prior grant of such special exception shall create a rebuttable presumption that such premises is being used or maintained as a place for the outdoor feeding of pigeons in violation of this subsection.

In any district in which single-family residences are expressly permitted, no exterior portion of a premises shall be used as a place for the installation or maintenance of any receptacle containing edible or nutritive material, which receptacle is used or usable for the outdoor feeding of pigeons, except upon the grant of a special exception by the Board of Appeals.

Amortization. Any right to maintain premises in violation of this Section 302.3 as a legal nonconforming use shall terminate by amortization upon the expiration of 90 days immediately following the adoption of this Section 302.3.

Exemption.

Nothing herein shall prohibit outdoor placement of one or two elevated bird feeders which are customarily incidental to residential use and are specifically designed and manufactured for bird feeder usage, provided that any such bird feeder is at least four feet off the ground and not capable of being used for feeding by more than one or two birds at any one time.

The Department of Buildings shall exercise prosecutorial discretion to ensure that nothing herein shall prohibit intermittent and occasional feeding of birds that has no substantial adverse impact on neighboring properties. However, no such discretion shall be exercised if it appears upon due investigation that greater than one quart of food material was distributed on the property within any twenty-four-hour period.

§ 303 Discontinuance of existing signs and billboards in residence districts.

Notwithstanding any other provision of this ordinance, any sign or commercial billboard in existence at the effective date of this ordinance in a residence district shall, at the expiration of five years from such date, be discontinued. The Town Board may, however, permit its continuance as a special exception as herein provided.

§ 304 Authority of Planning Board.

The Planning Board is hereby empowered to approve subdivision plats or plans, as provided in § 278 of the Town Law, as amended. The Planning Board shall also have the power to modify the zoning regulations for such subdivisions as provided in § 281 of the Town Law, as amended; and said Planning Board shall study the application of this ordinance and shall from time to time recommend to the Town Board such changes in the ordinance and in the boundaries of the various districts as it shall deem advisable to further promote the health, safety, morals or the general welfare of the community.

§ 305 Site plans.

For the purpose of this section, the word "parcel" shall mean any lot, plot or parcel of land within a Marine Recreation District regardless of size or any lot, plot or parcel of land having an aggregate area of one acre or more for the improvement of which an application for a building permit shall be filed and which is or is proposed to be developed or improved as a single unit or project by one person or any number of persons associated for that purpose, whether or not said lots or pieces shall be in separate ownership, and whether or not any buildings, structures or other improvements exist thereon, but shall not include a lot, plot or parcel of land proposed to be developed or improved exclusively by one-family or two-family dwellings.

[Effective 6-26-1987]

No building permit shall be issued for the use of any such parcel or for the installation, erection or alteration of any building or structure thereon or otherwise for the improvement of such parcel or any part thereof unless there shall be submitted to the Town Board of the Town of Hempstead a site plan of the premises or such part, prepared by and submitted under the seal of a licensed professional engineer or architect, showing the proposed use, dimension, types and locations of each of the buildings, structures or other improvements proposed to be installed, erected or altered thereon, and the provisions proposed to be made for the facilities and improvements referred to in Subsection B(1), (2), (3), (6), (7), (8) and (9) below, and unless and until said Town Board shall by resolution have approved the same after giving due consideration to:

The provisions, including grading and paving made for the draining and disposition of storm- and surface water.

The effect of the proposed use upon the movement of the vehicular traffic in the vicinity, including consideration of the provisions for access of such traffic between the premises and public highways.

The availability of or provisions made for the treatment, removal or discharge of sewage or other effluent (whether liquid, solid, gaseous or otherwise) and the removal of garbage and other refuse created or generated by or as a result of the proposed use of the premises.

Possible overcrowding of land or undue concentration of population resulting from the proposed use of the premises or the nature, size or location of the buildings, structures or improvements proposed to be erected or installed thereon.

The proximity of the proposed buildings, structures or improvements to each other and to other premises or buildings on such other premises, depending on whether the uses proposed therein may create or discharge obnoxious gases, odors, smoke, dust, light, vibration or noise.

The provisions for fencing the premises from abutting properties and for the landscaping or other treatment of open, unused areas.

The provisions for on-premises parking and for loading areas and facilities.

The provisions for the lighting of parking areas, roads, walks and other open areas to be used by the public.

(9)

Approval by the Nassau County Department of Public Works or the New York State Department of Public Works, as the case may be, of drainage provisions affecting curb cuts or other installations in county and state roads.

(10)

The provisions of adequate facilities for refuse and garbage storage and collection.

(11)

Such other matters as the Town Board may require in order to effect the purposes defined in § 263 of the Town Law of the State of New York.

Upon the receipt of such site plan, the Town Board may, in its discretion, either refer such plan to the Town of Hempstead Planning Board, for the purpose of making a report and recommendations with respect thereto, or delegate to the Planning Board the authority to approve such plans.

The Town Board shall have the right at all times to modify or alter said site plan after issuance of said building permit and/or certificate of occupancy with the consent of the holder thereof or his successor in interest.

Nothing contained in this section shall be deemed to require the submission or approval of a site plan as a condition precedent to the issuance of a permit for the repair or alteration of any building or structure for which a certificate of occupancy or completion is then in effect; provided, however, that such alteration shall make no substantial change in any exterior dimension of such building or structure and shall comply with every lawful condition or limitation theretofore imposed by a town officer or board on the construction, maintenance, occupancy or use of such building or structure. The fee for a waiver under this section shall be in accordance with Subsection B of § 263 of this ordinance.

[Effective 4-10-1993]

The Town Board may, by resolution, waive any of the requirements of this section upon approval of a written application from a duly organized religious or eleemosynary institution or body. The application shall be filed with the Town Board and shall set out in detail the reasons for the request for such waiver and be executed by an officer or attorney empowered to sign such application.

[Effective 5-14-1970]

§ 306 Buildings damaged by fire.

[Effective 7-19-1969]

No building which has been damaged by fire or other causes to the extent of more than 50% of its replacement value, exclusive of foundations, shall be repaired or rebuilt except in conformity with the regulations of this ordinance and the Building Code.

§ 307 Subdivision into undersized or substandard lots.

It shall be unlawful and deemed a violation of this ordinance for the owner of a parcel of property to subdivide the same, either by sale, devise, gift or otherwise, into smaller plots which would result in the creation of one or more undersized or substandard sized plots, with relation to the area and street frontage and minimum width requirements of this ordinance in effect at the time of such subdivision, and any plot so created shall be deemed to be in violation of this ordinance, and said violation shall be deemed to extend and apply to all newly created lots out of the original plot subdivided, whether or not one or more of the newly created plots is technically in conformity with the then-existing ordinance.

§ 308 Reduction of lot area restricted.

No lot area shall be reduced so that the dimensions of any of the open spaces shall be smaller than herein prescribed.[1]

[1]

Editor's Note: Former Sections G-10.0 and G-10.1, which immediately followed this section, were repealed 5-26-1964; former Section G-11.0, was repealed 9-24-1957.

§ 309 Municipal or public use.

Notwithstanding any other provisions of this ordinance, buildings, structures and premises necessary for use and occupancy by the Town or the County of Nassau for public or municipal purposes are hereby permitted in any use district.

§ 310 Public utility buildings.

Public utility buildings or structures are permitted in any residence or business districts, if approved by the Board of Appeals. The height, area and setback provisions of this ordinance shall be inapplicable to such buildings or structures if and when approved, except that, as a condition to the granting of the approval, the Board of Appeals may impose reasonable restrictions in order to promote the health, safety, morals or the general welfare of the community.

§ 311 Clear sight triangle.

[Effective 3-28-1975; 4-11-1993]

On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained at a height greater than 2 1/2 feet at any point within a radius of 20 feet of the point formed by any intersecting property lines adjacent to roads or highways, and provided further that such height shall be measured from the existing elevation of the center line of such road or highway opposite such wall, fence, other structure, hedge, tree or shrub.

§ 311.1 Corner residential properties.

[Effective 3-13-2017]

Notwithstanding any provisions of this ordinance to the contrary, in regard to corner lots which are lawfully improved with single-family dwellings or two-family dwellings, the following regulations shall apply to the yard area thereof which is in the secondary front yard of the dwelling and not encroaching into the principal front yard of the dwelling:

The term "principal front of the dwelling" is defined as the side of the dwelling which contains the primary front door, as determined by the Building Inspector.

The term "principal front yard of the dwelling" is defined as the yard area of the dwelling which fronts on a public street, and is facing the principal front of the dwelling.

The term "principal side yard of the dwelling" is defined as the yard area of the dwelling which fronts on a public street, and is not facing the principal front of the dwelling.

Provided that a six-foot fence is lawfully installed along the principal side yard of the dwelling (up to the side property line or setback as may be proposed), and provided that it extends no further forward than the beginning of the principal front yard of the dwelling, then all lawful accessory structures shall be permitted as of right in the principal side yard of the dwelling and behind the six-foot fence. All other setback requirements shall remain in effect.

Nothing herein shall supersede or abrogate any existing clear sight triangle requirements. This shall include the requirement that any driveway located on the subject parcel or adjacent to a neighboring property shall have created a clear sight triangle in which no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained at a height greater than 2 1/2 feet at any point within a radius of eight feet of the point formed by any intersecting property lines adjacent to roads or highways, and provided further that such height shall be measured from the existing elevation of the center line of such road or highway opposite such wall, fence, other structure, hedge, tree or shrub.

§ 312 Fences and planting screens.

Fencing or screening required.

To provide for the health, safety and welfare of residents of property which is, has been or is about to be zoned Residence A, AA, A1, A2, B, BB, BA, C, or LPRD, a fence, as hereinafter described, shall be installed on adjacent property which is, has been or is about to be zoned otherwise, under any of the following circumstances:

[Effective 10-31-1987; 6-18-2002]

On immediately adjacent (contiguously abutting) property which is used or is intended to be used for any purpose not permitted on property that is, has been or is about to be zoned Residence A, AA, A1, A2, B, BB, BA, C or LPRD.

In lieu of contiguous abutment, when property zoned Residence A, AA, A1, A2, B, BB, BA, C or LPRD is separated from property zoned otherwise for any purpose not permitted in said residence-zoned property by a street upon which the residence-zoned side yard or rear yard abuts.

Any required fence shall be installed and maintained upon the nonresidence-zoned side of the common boundary or upon the nonresidence-zoned side of whatever property line abuts the street which separates the dissimilar-zoned properties.

Any required fence shall consist of either a continuous evergreen planting screen or other fence installed and maintained in a manner designed to obscure any such boundary from the view of persons on adjacent residence-zoned property and shall also be installed and maintained in a manner designed to prevent all reflection from artificial lighting of any kind, and said planting screen or other fence shall be installed at a height of not less than six feet; wherever applicable, the finished side of a fence shall face the residential property.

Any use of adjacent property which does not conform to the provisions of this section on the date of the latest reenactment thereof shall be required to so conform within 18 months of the date of said reenactment.

[Effective 5-27-1978]

Where a planting screen is installed in compliance with the provisions of Subsection A of this section, it shall also include the erection and maintenance of a woven wire fence to prevent paper and debris from being carried or blown through or under such planting screen.

Where another type of fence is erected in compliance with the provisions of Subsection A of this section, it shall be installed with the finished side thereof facing the premises zoned for residential use.

[Effective 3-28-1975]

The Board of Zoning Appeals may, upon a verified application and after a public hearing, permanently waive the requirements of this section; provided, however, that it shall find that all of the record owners of abutting residentially zoned premises do not wish a fence to be erected, as evidenced by the filing with said Board, at least five days prior to said hearing, by each abutting owner of a written request for a waiver signed and acknowledged as a deed of conveyance of real property. Each request shall state that the waiver, if granted, shall be irrevocably binding upon the successors in interest of each said owner.

[Effective 3-28-1975]

On any interior lot where a fence, planting screen or open fence shall be erected along a road or highway, the permitted height thereof measured from the existing elevation of the center of the highway opposite the fence shall not exceed four feet in height when the location of the fence shall exceed toward the street a greater distance than the streetside building line of any buildings located on the adjoining plot or plots except when authorized by the Board of Zoning Appeals, pursuant to Article XXVII hereof.

[Effective 3-28-1975]

On any corner lot where a fence, planting screen or open fence not controlled by § 311 hereof shall be erected along a road or highway, the height thereof measured from the existing elevation of the center of the highway opposite the fence shall not exceed four feet when the location of the fence shall exceed toward the street a greater distance then the streetside building line of any buildings located on the corner lot except when authorized by the Board of Zoning Appeals, pursuant to Article XXVII hereof.

[Effective 3-28-1975]

Anything in this ordinance to the contrary notwithstanding, the owner or occupant of premises zoned for residential use abutting premises used for a purpose not permitted in a residential zone may erect a fence of any height, but not exceeding six feet, along the common boundary of the premises zoned for a purpose not permitted in a residential use.

§ 313 Location of parking spaces for premises zoned for business, light manufacturing or industrial uses.

The required off-street automobile parking space on premises zoned for business, light manufacturing or industrial use, directly abutting on premises zoned for residential use, shall as far as practicable be installed and maintained on that portion of such premises zoned for business, light manufacturing or industrial use contiguous to such residential-zoned premises.[1]

[1]

Editor's Note: Former Section G-13.0, which immediately followed this section, was repealed 5-29-1962.

§ 314 Tidal lands or other lands not shown on Zoning Map.

When the tidal lands or other lands are not shown as zoned on the Zoning Map, they shall be considered to lie within the B Residence District, but no structure erected herein shall be erected upon such lands owned by the Town of Hempstead except upon the approval of the Town Board.

§ 315 Severability.

Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decisions shall not affect the validity of the ordinance as a whole or any part thereof.

§ 316 Interpretation; effect on other regulations.

In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the health, safety, morals or the general welfare of the Town. It is not intended by this ordinance to interfere with or abrogate or annul any town building code or any rules or regulations adopted or issued thereunder, or the rules and regulations of the Department of Health of the County of Nassau, and not in conflict with any of the provisions of this ordinance; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of the building or requires larger open spaces than are imposed or required by such ordinance, rules and regulations, the provisions of this ordinance shall control.

§ 317 Remedies.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this ordinance, or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

§ 318 Penalties for offenses.

[Effective 12-2-1974; 11-6-1986; 3-29-2003; 12-25-2004; amended by L.L. No. 84-2010, effective 12-7-2010]

It is the intent of the Town Board, pursuant to § 10(1)(ii)(d)(3) of the Municipal Home Rule Law of the State of New York, to supersede a portion of § 268 of the Town Law of the State of New York in its application to the Town of Hempstead insofar as it penalizes a violation of this ordinance by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both, for conviction of a second offense, both of which were committed within a period of five years; and by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both, upon conviction for a third or subsequent offense all of which were committed within a period of five years. It is the intent of the Town Board, via the superseding authority, to instead penalize any and every violation of the provisions of this ordinance as follows: The owner, general agent or contractor of a building or premises where such violations have been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, or the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part in or assists in any such violation or who maintains a building or premises in which any violation shall exist, shall be guilty of an offense punishable by a fine of not less than $1,000 and not exceeding $2,500 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, such violation shall be punishable by a fine of not less than $2,500 nor more than $5,000 or by imprisonment for a period not to exceed 15 days, or both; and, upon conviction of a third or subsequent offense, all of which were committed within a period of five years, such violation shall be punishable by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.

For any and every violation of the provisions of this ordinance, the owner, general agent or contractor of a building or premises where such violations have been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, or the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part in or assists in any such violation or who maintains a building or premises in which any violation shall exist, shall be guilty of an offense punishable by a fine of not less than $1,000 and not exceeding $2,500 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, such violation shall be punishable by a fine of not less than $2,500 nor more than $5,000 or by imprisonment for a period not to exceed fifteen days, or both; and, upon conviction of a third or subsequent offense, all of which were committed within a period of five years, such violation shall be punishable by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.

§ 319 Accessory parking.

No person shall maintain any of the following uses in any district unless he shall provide off-street automobile parking spaces either on such premises or off the premises within 300 feet of such premises, in the amounts or proportions as follows, unless otherwise specified:

[Effective 11-13-1964; 11-12-1977; 2-27-1978; 12-14-1981; 8-29-1986; 4-11-1993; 5-17-1993]

In the case of multiple-family dwellings of three or more units in the Golden Age (GA) Residence District for which the minimum occupancy age is 62 years: five parking spaces for each three units or apartments. In the case of all other multiple-family dwellings of three or more units and apartment houses in all districts, there shall also be provided one common visitor parking space per unit or apartment. Each single-car garage and single driveway shall count as two parking spaces, and each two-car garage and double driveway shall count as four parking spaces.

[Effective 11-29-2005; 4-4-2006; 1-3-2010]

Hotels, motels, boatels and tourist homes or cabins: one parking space for each guestroom or unit.

Beach or cabana club: two parking spaces for each cabana, bath cabin or locker having a floor area of more than 30 square feet, and two parking spaces for each three cabanas, bath cabins or lockers each having a floor area of 30 square feet or less.

Theaters: one parking space for each three seats.

[Effective 11-29-2005; 4-4-2006]

Places of public assembly, including churches, temples and religious auditoriums, but excluding theaters, bowling alleys, discotheques and cabarets: one parking space for each three authorized occupants of the hall or sanctuary or for each 200 square feet of the hall or sanctuary, whichever is the greater. Additional spaces intended or used for catering, school or other purposes shall have their own parking requirements. Catering spaces shall be provided with parking using the standard for restaurants in Subsection A(16) below.

[Effective 9-12-1995; 11-29-2005; 4-4-2006]

Bowling alleys: four parking spaces for each alley.

Discotheques and cabarets: one parking space for each three authorized occupants.

[Effective 11-12-1977]

Retail stores, launderettes and dry-cleaning establishments: one parking space for each 200 square feet of floor area.

(9)

Funeral parlors: 25 parking spaces or one parking space for each 100 square feet of floor area, whichever is greater.

(10)

Furniture and appliance stores: one parking space for each 600 square feet of floor area.

(11)

Shopping centers: Effective January 1, 1982, all shopping centers or facilities containing five or more retail stores and providing 20 or more accessory parking spaces shall provide a minimum of 5% of said parking spaces or 10 spaces, whichever is less, for off-street parking spaces for the handicapped. The parking spaces designated pursuant to the provisions of this subsection shall be clearly identified for use by either handicapped drivers or other handicapped persons, which designation shall include permanently installed above-grade signs which display the international symbol of access and may include the use of blue painted lines or markings.

(12)

Office buildings: one parking space for each 200 square feet of total floor area or for each three employees, whichever is greater.

(13)

Hospitals and sanatoriums: one parking space for each four beds or for each 1,000 square feet of total floor area, whichever is the greater, plus one parking space for each four employees.

(14)

Industrial plants: one parking space for each 2 1/2 employees or for each 800 square feet of total floor area, whichever is the greater.

(15)

Warehouses: one parking space for each employee plus one parking space for each commercial vehicle kept on the lot, but not less than one parking space for each 1,000 square feet of total floor area.

[Effective 11-29-2005; 4-4-2006]

(16)

Restaurants, whether operated individually or as accessory to some other use: one parking space for each three seats or each 100 square feet of total floor area, whichever is the greater, plus one parking space for each four employees.

(17)

Schools: one parking space for each employee plus one parking space for each five students in the 11th grade or above, or one parking space for each four assembly seats, whichever is greater.

[Effective 11-29-2005; 4-4-2006]

(18)

Marinas: one parking space for each two boat slips.

[Effective 11-29-2005; 4-4-2006]

(19)

All commercial uses not otherwise provided for: one parking area for each four employees or each 500 square feet of total floor space, whichever is the greater.

(20)

Outdoor retail sales areas, including but not limited to used car lots, garden centers, flea markets and open air markets, but excluding the sale of "live" Christmas trees and wreaths: one parking space for each 500 square feet of gross sales area (including pedestrian aisles).

(21)

Self-storage facilities: one parking space for each 4,000 square feet of total floor area.

[Effective 11-29-2005; 4-4-2006]

(22)

Business, trade or vocational schools: one parking space for each employee plus one parking space for each two students.

[Effective 11-29-2005; 4-4-2006]

(23)

Day-care facilities: one parking space for each 15 children and one parking space for each employee. Provisions shall also be made for an on-site maneuvering aisle for the pickup and dropoff of children attendees. For purposes of this section a "day-care facility" shall be defined as: a building which provides care for a child on a regular basis away from the child's residence for fewer than 24 hours per day by someone other than the parent, stepparent, guardian, or relative within the third degree of consanguinity of the parents or stepparents of such child.

[Effective 5-10-2006]

The provisions of this section shall apply only to uses commenced after June 25, 1957, and to uses prior to that date on premises which have area sufficient to comply herewith. With respect to uses commenced prior to June 25, 1957, that do not have area sufficient to comply with this section, any area of the premises that is not building area, a defined in this ordinance, shall be used for off-street automobile parking spaces in compliance with this section to whatever extent such automobile parking spaces are available on such premises or on nonmunicipal areas within 300 feet of such premises. However, no space for the parking of automobiles shall be installed or maintained on any plot in the minimum area required for front setback requirements of such property.

[Effective 7-19-1969]

The Board of Appeals may vary the application of this section in any case in which it shall find that compliance herewith is not necessary to prevent traffic congestion or undue on-street parking, or where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this section, and in granting such variance may impose such conditions as it shall find to be in the public interest.

Building permit applications.

[Effective 3-1-1976; 7-15-1984; 9-12-1995]

Every applicant for a building permit, on premises affected by this section, shall file with his plans, a plot plat showing the portion of said premises which he proposes to use for off-street automobile parking, and such permit shall be denied unless the plot plan shall provide for off-street parking in compliance herewith. All parking areas shall have sufficient self-contained drainage, asphalt paving and adequate levels of lighting.

Each parking space shall be a minimum of nine feet in width and 18 feet in depth. Employee parking spaces, which are intended for long-term use with low turnover, need be only 8 1/2 feet in width. Employee parking spaces shall not exceed 15% of the total required or provided parking, whichever is less, for retail or service business or other similar types of uses designed to attract the general public. All parking spaces shall be separated by double painted lines in accordance with specifications as approved by the Department of Buildings and as illustrated on Figure 1: Typical Parking Space Details.[1]

[1]

Editor's Note: Figure 1: Typical Parking Space Details, is included at the end of this volume.

All parking spaces shall be designated at a ninety-degree angle with a twenty-four-foot-wide two-way maneuvering aisle unless a different angle is permitted by the approving authority based upon the unique size and/or shape of the parking facility. In those circumstances where the approving authority does permit parking at an angle other than 90°, circulation in each maneuvering aisle shall be limited to one-way only. The following is a table of minimum parking space and maneuvering aisle dimensions:

Parking Angle (degrees)	Parking Space Depth to Wall (feet)	Parking Space Depth to Interlock (feet)	Maneuvering Aisle Width (feet)	Wall-to-Wall Double Parking Bay Dimension (feet)	Interlock to Interlock Double Parking Bay Dimension (feet)
90	18	18.0	24.0	60.0	60.0
75	19.5	18.5	21.0	60.0	58.0
60	20.0	17.75	17.5	57.5	53.0
45	19.0	15.75	15.0	53.0	46.5

On all sites of one acre or larger, raised landscaped islands shall be provided for the purpose of preventing the diagonal movement of vehicles, alleviating the visual impact of large expanses of paved areas and otherwise improving traffic and pedestrian safety. Such landscaped islands shall be located: at the ends of each parking bay containing 10 or more spaces, and separating opposing rows of parking spaces at least every third parking bay. The minimum width of landscaped islands shall be five feet where located at the ends of parking bays and eight feet where separating opposing rows of parking spaces or adjacent to circulation aisles. In addition, the approving authority may permit nonlandscaped islands, if appropriate for such purposes as pedestrian circulation, in which case such islands shall not be less than four feet in usable width. Where curbs are kept to a maximum height of six inches, 1 1/2 feet of the parking space shall be allowed to overhang an island. Such bumper overhang area shall be considered a part of the parking space and shall not be counted toward meeting minimum yard setbacks or buffer area requirements. Figure 2: Sample Parking Layout, and Figure 3: Sample Parking Layout - Angled Parking, graphically illustrate the above requirements.[2]

[2]

Editor's Note: Figure 2: Sample Parking Layout, and Figure 3: Sample Parking Layout-Angled Parking, are included at the end of this volume.