This chapter shall be known and may be cited
as the "Building Zone Ordinance of the Village of Hewlett Harbor."
[Amended 11-15-1955 by Ord. No. 44; 10-8-1959 by Ord. No.
61]
A. For the purpose of this chapter, the Village of Hewlett
Harbor is hereby divided into five classes of districts which are
hereby designated as follows:
Residence A District.
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Residence AA District.
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Residence B District.
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Residence AB District.
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Residence BX District.
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B. Said districts are shown on the Building Zone Map which accompanies this chapter and which is hereby declared
to be a part hereof. The districts designated on said map are hereby
established, and the district designations shown on said map are hereby
declared to be a part hereof.
[Amended 11-15-1955 by Ord. No. 44; 10-8-1959 by Ord. No.
61]
The said Building Zone Map is entitled "Zoning
Map of the Incorporated Village of Hewlett Harbor, Nassau County,
New York," dated February 6, 1941, revised June 25, 1952, September
11, 1952, July 27, 1953, October 13, 1955, February 1956 and October
8, 1959, prepared by Carman-Dunne, Inc., Municipal Engineers and Surveyors,
Lynbrook, New York.
No building or part of a building shall be erected,
altered or used except in conformity with the regulations herein prescribed
for the district in which such building is located. No building or
premises shall be erected, altered or used for any purpose other than
a purpose permitted in the district in which such building or premises
is located.
[Added 6-9-2016 by L.L.
No. 9-2016]
A. In March 2016, the Village of Hewlett Harbor promulgated and passed
into effect eight local laws proscribing and restricting and substantially
restructuring, among other things, depth, scope, height, area, lot-size,
lot surface coverage and impervious lot surface coverage, relative
to the construction, reconstruction, modification or alteration of
residential homes. The Board of Trustees viewed the passage of these
new laws as necessary and proper mechanisms, under the Village 's
police and zoning powers, to regulate and control construction within
its borders. However, with the passage of these new laws came the
reclassification of a substantial number of Village properties as
nonconforming uses. While that is a natural consequence of the passage
of these new zoning laws, it was not the intent of the Board of Trustees.
The Board seeks to remedy that burdensome and inequitable reclassification
with this legislation.
B. Nonconforming use and/or structure. A nonconforming use and/or structure
shall include any principal use and/or structure (and/or any modification
or alteration thereof) which is prohibited under this Code, but which
lawfully existed and was (or which would be, in the judgment of the
Building Inspector, consistent with) the legal principal use and/or
structure at the same premises immediately prior to the effective
date of Local Law Nos. 1 through 8 of 2016, and which but for the
passage of Local Law Nos. 1 through 8 of 2016, would have been a permitted
principal use and/or structure.
C. It shall be the presumption that structures existing prior to the enactment of the new local laws, as referenced in Subsection
A, shall be conforming within the zoning code; provided, however, that in connection with any construction, reconstruction, modification or alteration referenced in Subsection
A, the Building Inspector shall make the determination whether the proposed work by a property owner would potentially cause such property owner to have to make an application to the Board of Zoning Appeals to avoid classification of such work to be performed as resulting in classification of such residential home as a nonconforming structure. Should it be determined that an application for a building permit does not need Board of Zoning Appeals approval, in addition to approval by the Building Inspector, a written sign-off by a single Trustee shall be required prior to the issuance of a building permit.
D. This section shall be effective against only those properties that would otherwise not need Board of Zoning Appeals approval, but for the enactment of the new laws, as referenced in Subsection
A.
E. This section is adopted pursuant to Municipal Home Rule Law §§ 10(l)(ii)(d)(3)
and 10(l)(ii)(e)(3), which permit villages to adopt local laws relating
to their property, affairs and government.
No lot shall be sold, divided or set off in
such a manner that either the portion sold, divided or set off or
the portion remaining:
A. Shall be less than the minimum size prescribed by
the regulations relating to the district in which it is situated.
B. Shall fail to provide the yards or other open spaces
required by the regulations relating to the district in which it is
situated in respect to any building or use then existing.
C. Shall fail to provide the minimum building area required
by the regulations relating to the district in which it is situated
in respect to any building or use then existing.
D. Shall contain any building or use not permitted by
the provisions of this chapter in the case of buildings hereafter
erected or altered.
E. Shall fail to have the street frontage required by
the regulations relating to the district in which the lot or any part
thereof is situated.
F. Shall directly or indirectly violate any terms or
conditions theretofore imposed by the Board of Appeals in granting
a variance or special exception under the provisions of this chapter
or under the provisions of the Village Law.
The Board of Trustees hereby determines that,
in view of the fact that the territory in the Village of Hewlett Harbor
is small in area and is now and has always been devoted exclusively
to residential purposes, that the Village forms only a small part
of a large comprehensive community and that ample facilities for business
and trade exist nearby within easy reach where the residents of the
Village have always been accustomed to shop and transact their business,
there is no necessity for providing within the Village limits for
all of the activities of communal life, and the purposes provided
by Article 7 of the Village Law may best be carried out by excluding
from the Village all industrial, commercial and business uses (including
multiple dwellings), which have never existed therein, and by limiting
the use of the property in the Village to one-family dwellings and
accessory uses, for which purposes the territory within the Village
of Hewlett Harbor is peculiarly adapted.