[Amended 2-9-1961 by Ord. No. 69]
The following regulations in this Article shall apply in all residence districts.
No building shall be erected, altered or used and no lot or premises shall be used except for one or more of the following purposes:
A. 
A dwelling for not over one family. An accessory building used as a dwelling by a separate family shall be deemed a dwelling and a principal use.
[Amended 2-9-1961 by Ord. No. 69; 9-9-2004 by L.L. No. 5-2004]
B. 
A dwelling for not more than one family; members of the family who dwell in the residence may engage in the practice of either medicine or dentistry, but not both professions in the same dwelling.[1]
[Amended 12-13-1990 by L.L. No. 2-1990]
[1]
Editor's Note: For related provisions, see Ch. 121, Signs.
C. 
Public parks; public schools.
D. 
Police booths, Village Hall and other Village buildings and uses.
E. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection E, which dealt with provisions for real estate signs, was repealed 9-13-1990 by L.L. No. 1-1990. See now Ch. 121, Signs.
F. 
Accessory uses customarily incident to the above uses and located on the same lot with them, including farming, gardening, nurseries and greenhouses, provided that such use is not for the sale of the products and provided that there is no display of products and no advertising. The office of a physician or dentist who resides in the dwelling shall be deemed an accessory use, on condition that it is used solely and exclusively by the physician or dentist who resides there and the area devoted to such practice shall not exceed 25% of the gross first floor area up to a maximum of 750 square feet; otherwise, such use is prohibited. Except as above provided, accessory uses shall not include business uses nor any billboards or advertising signs. No use which is objectionable or detrimental to the well-being or harmonious character of the neighborhood shall be permitted. The breeding of dogs, keeping of more than three dogs and the keeping of chickens, roosters, pigeons, pigs, swine, horses, cows or cattle shall not be permitted. Any accessory use, such as keeping of live animals, must be carried on in conformity with the Sanitary Code or similar regulations or ordinances of the State of New York or of the Town of Hempstead or of the County of Nassau and the general ordinances of the Village of Hewlett Harbor.[3]
[Amended 9-9-2004 by L.L. No. 5-2004]
[3]
Editor's Note: For related provisions, see Ch. 36, Dogs.
G. 
(Reserved)[4]
[4]
Editor's Note: Former Subsection G, which provided for private garages in which no business is carried on, was repealed 9-9-2004 by L.L. No. 5-2004.
H. 
Living quarters may be permitted in accessory buildings, including garages, when they are occupied by a servant or servants of occupants of the principal buildings on the same plot and in connection with said principal building. Living quarters so occupied may include separate housekeeping units for such servants.
I. 
A club of the character described in Article VIII of this chapter, subject to the conditions and regulations therein set forth.
[Added 3-23-1961 by Ord. No. 71]
J. 
Church, temple or other place of worship, none of which shall have living quarters, but all of which shall comply with § 145-19.1 herein.
[Added 8-13-1987 by L.L. No. 2-1987]
[Added 8-10-1989 by L.L. No. 4-1989; amended 3-18-1993 by L.L. No. 2-1993]
A. 
Aircraft operation and storage.
(1) 
No person shall land or take off in aircraft of any nature, type or description within the Incorporated Village of Hewlett Harbor.
(2) 
No person shall permit aircraft of any nature, type or description to land on or take off from any property within the Incorporated Village of Hewlett Harbor.
(3) 
The landing or taking off of aircraft of any nature, type or description and the standing, storage or occupancy of any aircraft of any nature, type or description on any property within the Incorporated Village of Hewlett Harbor is absolutely prohibited and shall not be deemed a lawful accessory use.
B. 
Placement of commercial vehicles on premises improved with a single-family residence or waterfront property.
[Added 4-14-2005 by L.L. No. 2-2005[1]]
(1) 
No commercial vehicle shall be placed upon the exterior portion of any premises that is improved with a single-family residence or waterfront property, except during the 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.
(2) 
Should it become necessary for a commercial vehicle to remain on the premises of a single-family residence or waterfront property on an overnight basis, an application for a permit must be obtained from the Village, and such permit must be issued prior to the placing of a commercial vehicle on the premises for reasons specified in Subsection B(1).
(3) 
For the purpose of Subsection B(1) above, a "commercial vehicle" shall be defined as a vehicle which either displays commercial registration under the New York State Vehicle and Traffic Law or the regulations adopted thereunder or which, by reason of the attachment of advertising messages and/or storage of equipment, supplies, inventory, or other commercial merchandise or hardware, presents the appearance of a vehicle that is primarily utilized in furtherance of commercial or industrial enterprise.
[1]
Editor's Note: This local law also relettered former Subsection B as Subsection C.
C. 
Any use not expressly permitted by § 145-9.
[Added 9-9-2004 by L.L. No. 5-2004]
[Amended 9-9-2004 by L.L. No. 5-2004; 9-12-2013 by L.L. No. 2-2013]
A. 
Half-acre or less.
(1) 
The height of a residential dwelling with a pitched roof shall not exceed 33 feet.
(2) 
The height of a residential dwelling with a flat roof shall not exceed 28 feet.
(3) 
In the case where there shall be a combination of pitched and flat roofs, the height of the pitched roof portion shall not exceed 33 feet and the height of the flat roof portion shall not exceed 28 feet.
(4) 
No accessory structure shall be erected or altered, any part of which is higher than 1 1/2 stories or exceeds 18 feet above mean existing grade level around such structure.
B. 
More than 1/2 acre to one acre.
(1) 
The height of a residential dwelling with a pitched roof shall not exceed 35 feet.
(2) 
The height of a residential dwelling with a flat roof shall not exceed 32 feet.
(3) 
In the case where there shall be a combination of pitched and flat roofs, the height of the pitched roof portion shall not exceed 35 feet and the height of the flat roof portion shall not exceed 32 feet.
(4) 
No accessory structure shall be erected or altered, any part of which is higher than 1 1/2 stories or exceeds 18 feet above mean existing grade level around such structure.
C. 
More than one acre.
(1) 
The height of a residential dwelling with a pitched roof shall not exceed 35 feet.
(2) 
The height of a residential dwelling with a flat roof shall not exceed 35 feet.
(3) 
In the case where there shall be a combination of pitched and flat roofs, the height of the pitched roof portion shall not exceed 35 feet and the height of the flat roof portion shall not exceed 35 feet.
(4) 
No accessory structure shall be erected or altered, any part of which is higher than 1 1/2 stories or exceeds 18 feet above mean existing grade level around such structure.
[Added 9-9-2004 by L.L. No. 5-2004; amended 9-12-2013 by L.L. No. 2-2013]
A. 
A height/setback plane is a theoretical inclined plane through which no part of a dwelling shall penetrate. The plane begins at and perpendicular to the street front property line rising inward toward the building at an angle of 38°, to a maximum height of 35 feet. The mean existing grade level at the street front building wall shall be used for the start point elevation at the street front property line.
[Added 9-12-2013 by L.L. No. 2-2013]
A. 
No attic shall be heated or air conditioned.
B. 
Attics shall be used exclusively for storage and shall not contain any habitable spaces, nonhabitable spaces, recreational rooms or bathrooms.
[Added 3-10-2016 by L.L. No. 6-2016]
The street wall shall be limited to an initial maximum height of 21 feet at the required front yard setback. The street wall may be allowed to be increased by one foot for each additional 10 feet in setback, to an ultimate maximum height no greater than 25 feet while maintaining prescribed rear yard setbacks.
[Added 3-10-2016 by L.L. No. 7-2016]
A. 
A dormer may be permitted to penetrate the height/setback plane, as defined and regulated under the relevant sections of the Village Code, but only if the aggregate width of the dormer or dormers does not exceed 33.3% of the total width of the structure along the side of the structure on which the dormer or dormers will be situated; but in no case shall a dormer be erected to be higher than any building and/or accessory structure. Additionally, in no case shall the exposed outside walls of such dormer or dormers have an aggregate surface area in square feet that is greater than the aggregate length of such dormer or dormers in feet, multiplied by five.
B. 
A dormer shall not be permitted to protrude from the face of a building structure, but shall always remain flush to the side of the structure on which the dormer will be situated.
[Amended 2-9-1961 by Ord. No. 69]
No building shall be erected on any lot having an area less than the minimum specified in § 145-19 for the district in which the lot is situated. There shall be erected not more than one principal building with accessory buildings for each such minimum area, except as herein provided in relation to present existing buildings.
[Amended 2-9-1961 by Ord. No. 69; 9-9-2004 by L.L. No. 5-2004]
A. 
No building, together with its accessory buildings, shall occupy in the aggregate more than the percentage of the area of the lot specified in § 145-19 for the district in which the lot is situated.
B. 
The area occupied by all accessory buildings shall not exceed the percentage of the lot specified in § 145-19 for the district in which the lot is situated.
[Amended 2-9-1961 by Ord. No. 69; 9-9-2004 by L.L. No. 5-2004]
A. 
The required front yard depth shall not be less than the average front yard depth of existing dwellings on lots within 300 feet on each side of the lot and within the same block and same district.
B. 
Where there is only one existing lot within 300 feet, the required front yard depth shall not be less than the average of the existing dwelling on the existing lot and the minimum front yard specified in § 145-19 for the district in which the lot is situated.
C. 
In any case, no front yard depth shall be less than that specified in § 145-19 for the district in which the lot is situated.
[Amended 2-9-1961 by Ord. No. 69]
A. 
Two side yards shall be required, which shall have a total width not less than that specified in § 145-19 for the district in which the lot is situated.
B. 
No side yard shall have a width less than that specified in § 145-19 for the district in which the lot is situated.
[Amended 2-9-1961 by Ord. No. 69]
Rear yards shall have a depth not less than that specified in § 145-19 for the district in which the lot is situated.
[Added 9-9-2004 by L.L. No. 5-2004]
A. 
Permitted encroachments in any required front yard, side yard and rear yard: none.
B. 
Exception: a stoop serving a dwelling, open and unroofed not exceeding 30 inches above grade and not exceeding 32 square feet. Exclusion of steps may project not more than four feet into any required yard. Below-grade structures such as areaways and stairs may project not more than four feet into any required yard.
[Amended 6-14-2007 by L.L. No. 6-2007]
[Added 9-11-2008 by L.L. No. 9-2008]
It shall be the responsibility of the property owner whose property includes a Village right-of-way or easement adjacent to maintain the right-of-way, which shall include, but not be limited to, cutting the grass, trimming trees and bushes, and keeping the property adequately watered.
[Amended 2-9-1961 by Ord. No. 69]
No building shall be erected on any lot having a street frontage less than the minimum specified in § 145-19 for the district in which the lot is situated. For each additional principal building or use on the same lot, an additional street frontage of a similar length is required. In the case of lots, other than comer lots, adjoining more than one street, the owner may elect which street shall be used for computing street frontage; the frontage on the other street shall be disregarded.
[Amended 2-9-1961 by Ord. No. 69]
No building shall be erected on any lot having a depth less than the minimum specified in § 145-19 for the district in which the lot is situated. For the purpose of this section, the depth shall be the average distance between the rear line of the lot and the street frontage of the lot or, where there is no street frontage, the front fine of the lot.
[Amended 2-9-1961 by Ord. No. 69]
No principal building used, designed or intended in whole or in part for dwelling purposes shall be erected which shall have a total livable floor area, a livable floor area on the ground or first story or a livable floor area on the second story less than the minimum specified in § 145-19 for the district in which the lot is situated.
[Added 9-9-2004 by L.L. No. 5-2004]
A. 
The maximum gross F.A.R. for a dwelling shall not exceed 5,500 square feet for lots up to 17,999 square feet in area. For lots 18,000 square feet or more in area, the maximum gross F.A.R. for a dwelling shall not exceed 5,500 square feet plus [(lot area minus 18,000 square feet) times 0.15].
B. 
In no case shall the maximum gross F.A.R. permit a dwelling in excess of 12,000 square feet gross floor area.
C. 
The maximum gross F.A.R. for all roofed accessory buildings shall not exceed 8% of the maximum F.A.R. permitted for a dwelling on the subject lot.
[Added 9-9-2004 by L.L. No. 5-2004]
A. 
Dwellings hereafter erected shall provide on-premises an enclosed garage space for not less than two cars with interior dimensions of not less than 20 feet depth and width.
B. 
Existing dwellings with enclosed garage space on-premises hereafter altered or enlarged shall maintain not less than one enclosed garage space on premises with interior dimensions of not less than 10 feet by 20 feet.
C. 
A garage door shall not exceed 18 feet in width. No building facade shall have multiple garage doors totaling more than 27 feet in width and the total combined width of all garage doors on premises shall not exceed 36 feet in width.
[Added 2-9-1961 by Ord. No. 69; amended 3-10-2016 by L.L. No. 8-2016]
The following are the specific requirements for the several residence districts referred to in § 145-8:
Districts
Type of Regulation
AA
A
AB
B
BX
Uses
Uses specified in § 145-9
Height
Height specified in § 145-10
Size of lot (square feet)
43,560
26,000
26,000
14,500
18,000
Building area (percentage)
Total
12 1/2
25
25
30
25
Accessory
4
7
7
7
7
Front yards (feet)
50
35
35
25
30
Side yards (feet)
Total
50
45
45
35
35
Each
25
20
20
15
15
Rear yards (feet)
30
30
30
25
25
Street frontage (feet)
150
125
125
95
100
Depth (feet)
150
100
100
95
100
Floor area (square feet)
Alternative A
Total
3,000
3,000
2,700
2,700
2,700
Ground story
2,000
2,000
1,800
1,800
1,800
Alternative B
Total
2,700
2,700
2,400
2,400
2,400
Ground story
2,700
2,700
2,400
2,400
2,400
Alternative C
Total
2,700
2,700
2,400
2,400
2,400
Ground story
1,350
1,350
1,200
1,200
1,200
Second story
1,350
1,350
1,200
1,200
1,200
Maximum Permitted Surface Coverage
Lot Size
(square feet)
Base Lot Coverage
For Excess Lot Area
Front Yard Surface Coverage
14,500 to 17,999 sq. ft.
5,640 sq. ft.
25%
25%
18,000 to 25,999 sq. ft.
6,515 sq. ft.
23%
23%
26,000 to 43,559 sq. ft.
8,355 sq. ft.
21%
21%
43,560 sq. ft. and larger
12,043 sq. ft.
18%
18%
NOTE:
This Code § 145-19 shall be applied so that the values to be used in this table shall be the more restrictive of those required by either the lot size or lot district.
[Added 8-13-1987 by L.L. No. 2-1987]
A church, temple or other place of worship shall comply with the following requirements, as well as all other applicable requirements of this Code, not inconsistent herewith:
A. 
Maximum height: three stories, not to exceed 35 feet.
B. 
Minimum lot area: 87,120 square feet.
C. 
Maximum building area: 15% of lot area.
D. 
Minimum front yard: 50 feet.
E. 
Minimum rear yard: 50 feet.
F. 
Minimum side yards: 50 feet each.
G. 
Minimum street frontage: 300 feet.
H. 
Minimum depth of lot: 200 feet.
I. 
Minimum off-street parking: one parking space, having a minimum dimension of nine feet by 20 feet, for each 100 square feet of total floor area in the building.
J. 
Location of off-street parking: No off-street parking shall be located in the minimum required side yards, front yard or rear yard.
K. 
Curb cuts: Curb cuts shall not be located in front of any minimum required side yard.
L. 
Minimum screening: thick plantings of trees, shrubs and hedges of a type, variety and size, as may be approved by the Building Inspector, having a minimum width of 10 feet along the side and rear yards, and intended to screen all uses from view from adjacent lots. All plantings shall be of good quality and shall be adequately maintained and replaced as may be required.
M. 
Conduct of activities: All activities shall be conducted inside the buildings, and no activities of any kind shall be conducted outside the building.
N. 
Noise: All reasonable steps shall be taken to confine noise, music and sound within the building so as not to adversely affect adjacent properties.