This chapter shall be known and may be cited
as the "Zoning Ordinance of the Village of Hempstead, New York."
A.Â
Words used in the present tense include the future,
and words in the singular number include the plural and vice versa,
and the word "building" includes the word "structure"; "lot" includes
the word "plot"; the word "shall" is always mandatory. The word "person"
includes a partnership or corporation. The term "occupied" or "used"
as applied to any land or building shall be construed to include the
words "intended, arranged or designed to be used or occupied."
B.Â
ACCESSORY BUILDING
ACCESSORY STRUCTURE
ACCESSORY USE
ADULT ENTERTAINMENT CABARET
ALTERATION
AREA, BUILDING
AREA, HABITABLE FLOOR
BAR
BASEMENT
BOARDINGHOUSE
BUILDING
BUILDING AREA
BUILDING DEPARTMENT, SUPERINTENDENT OF
BUILDING HEIGHT
BUILDING LINE
BUILDABLE LOTS OR PARCELS
BUILDING, PRINCIPAL
CABARET
CARPORT
CATERING AND EVENTS FACILITY
CELLAR
CLASS A MULTIPLE DWELLING
CLASS B MULTIPLE DWELLING
COMMUNITY RESIDENCE
CONVERTED DWELLING
COURT
CURB LEVEL
DANCE HALL
DECK
DRIVE-IN RESTAURANT
DRIVEWAY
DWELLING
DWELLING, MULTIPLE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
FAMILY
FAST-FOOD RESTAURANT
FLOOR AREA RATIO (FAR)
GARAGE, PRIVATE
GARAGE, PUBLIC
GARDEN-TYPE MAISONETTE DWELLING PROJECT
GASOLINE SERVICE STATION
GRADE
HABITABLE ROOM
HEALTH CLUB
HOME OCCUPATION
JUNKYARD
KITCHENETTE
LODGING HOUSE
LOT
LOT, CORNER
LOT, DEPTH OF
LOT, INTERIOR
LOT, WIDTH OF
MEANS OF EGRESS
MEZZANINE
MOTOR VEHICLE
NONCONFORMING USE
PARKING FIELD, BUSINESS
PARKING FIELD, MUNICIPAL
PARKING FIELD, PRIVATE
PLACE OF ASSEMBLY
PLACE OF PUBLIC ASSEMBLY
RESTAURANT
(1)Â
(2)Â
(3)Â
RESTAURANT, CARRY-OUT
ROOMING HOUSE
SENIOR CITIZEN
SETBACK LINE
SPLIT-LEVEL DWELLING
STORY
SHEDS
STORY, HALF
STREET LINE
SWIMMING POOL
TENEMENT
TRANSIENT OCCUPANCY
TWO-STORY BUILDING
YARD, FRONT
YARD, REAR
YARD, SIDE
YARD, SIDE, WIDTH OF
Unless otherwise expressly stated, the following words
shall, for the purposes of this chapter, have the meanings herein
indicated:
A subordinate building, the use of which is incidental to
that of the principal building.
Any structure no greater than 15 feet in height, which does
not exceed 10% of lot coverage, which is considered incidental to
the primary use of the property, included in the calculation of overall
lot coverage, encroaching no closer than five feet to the property
boundary lines when attached to the primary structure, excluding stoops,
stairs, chimneys, vents and on-grade HVAC units, and other electrical
or plumbing appurtenances; and when said structure is detached requires
a setback of at least three feet from the property boundary lines,
not included beyond the front line of the primary structure, and constructed
on buildable lots and parcels contiguous to those of the primary structures.
[Added 4-18-2000 by L.L. No. 4-2000;
amended 12-4-2007 by L.L. No. 15-2007]
A use customarily incidental and subordinate to the principal
use of a building and located on the same lot with such principal
use or building.
A public or private establishment which presents topless
dancers, strippers, male or female impersonators or exotic dancers
or other similar entertainment and which establishment is customarily
not open to the public generally but excludes any minor by reason
of age.
[Added 10-21-2008 by L.L. No. 12-2008]
As applied to a building or structure, a change, modification
or rearrangement in any part, or the moving from one location or position
to another. Ordinary repairs shall not be considered "alterations."
The aggregate of the horizontal cross-section area of the
building on a lot, excluding one-story accessory buildings, whether
attached or unattached, and excluding cornices, eaves, gutters and
chimneys projecting not more than 24 inches, steps, one-story open
porches, bay windows not extending through more than one story and
not projecting more than three feet, balconies and terraces.
Interior space in a dwelling with a height from floor to
ceiling of not less than seven feet six inches, which is usable for
ordinary residential purposes. This does not include utility rooms
or storage space other than clothes closets.
Any place of public assembly in which the business of directly
or indirectly selling or serving drink to the public is conducted
and which does not provide any form of entertainment, including music,
whether live or mechanical, singing, dancing or any type of game of
amusement.
[Added 10-21-2008 by L.L. No. 12-2008]
That space of a building that is partly below grade which
has more than 1/2 of its height, measured from floor to ceiling, above
the average established curb level or finished grade of the ground
adjoining the building.
Any dwelling or part thereof which contains one or more rooming
units, in which space is let by the occupant or owner to three or
more persons for hire or otherwise.
[Added 1-21-2020 by L.L. No. 1-2020]
Any structure having a roof for the shelter, housing or enclosure
of persons, animals, chattels or property of any kind.
Includes all accessory structures and is included in the
calculation of the overall lot coverage.
[Added 4-18-2000 by L.L. No. 4-2000]
The person designated by the Board of Trustees to administer
the Building Department and enforce the provisions of this chapter.
Height shall be calculated from the mean grade of the property
to the highest roof peak of the structure on the site.
[Amended 3-4-2008 by L.L. 3-2008]
See "setback line."
Areas of contiguous land used for the purpose of erecting
a structure or creating a definable use as cited in the Zoning Ordinance.
[Added 4-18-2000 by L.L. No. 4-2000]
A building in which the primary use of the premises is conducted.
Any room, place or space in which any professional entertainment
or floor show of any kind whatsoever or similar entertainment, including
dancing by the patrons, is permitted or provided in connection with
the business of directly or indirectly selling or serving food or
drink to the public is conducted, and provides any form of entertainment,
including music, whether live or mechanical, singing, dancing or any
type of game of amusement. The term "cabaret" shall include establishments
customarily called "discotheques."
[Added 10-21-2008 by L.L. No. 12-2008]
A structure not more than one story in height, without walls,
doors or other enclosures on at least two sides, the floor of which
rests upon the ground, used exclusively for the storage or parking
of not more than two motor vehicles and which is accessory to a private
dwelling.
[Added 12-4-1990 by L.L. No. 17-1990]
A facility, not open to the general public, used for the
hosting of corporate, social, private events for a third party on
a fee basis. Any entertainment to be provided shall be incidental
thereto.
[Added 10-21-2008 by L.L. No. 12-2008]
That space of a building that is partly or entirely below
grade, which has more than 1/2 of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
A multiple dwelling which is occupied, as a rule, for permanent
residence purposes. This class shall include tenements, flat houses,
maisonette apartments, apartment houses, apartment hotels, bachelor
apartments, studio apartments, duplex apartments, kitchenette apartments,
garden-type maisonette dwelling projects and all other dwellings except
Class B multiple dwellings.
[Added 4-18-2000 by L.L. No. 4-2000]
A multiple dwelling which is occupied, as a rule, transiently,
as a more or less temporary abode of individuals or families who are
lodged with or without meals. This class shall include hotels, lodging
houses, rooming houses, boardinghouses, boarding schools, furnished
room house, lodgings, clubhouses, college and school dormitories and
dwellings designed as private dwellings but occupied by one or two
families with five or more transient boarders, roomers or lodgers
in one household.
[Added 4-18-2000 by L.L. No. 4-2000]
A facility for mentally disabled persons as defined by the
Mental Hygiene Law and the rules and regulations issued thereunder.
A dwelling erected before April 18, 1929, to be occupied
by one or two families living independently of each other and subsequently
occupied as a multiple dwelling; or a dwelling three stories or less
in height to be occupied by one or two families living independently
of each other and subsequently occupied by not more than three families
in all, with a maximum occupancy of two families on each floor in
a two-story building and one-family on each floor in a three-story
building. A converted dwelling occupied as a Class A multiple dwelling
is a Class A converted dwelling; every other converted dwelling is
a Class B converted dwelling.
[Added 4-18-2000 by L.L. No. 4-2000]
An open, unoccupied space bounded on three or more sides
by the exterior walls of a building or buildings, or exterior walls
and interior lot lines on which walls are allowable.
For the purpose of measuring the height of any portion of
a building, the level of the curb at the center of the front of the
building, except that where a building faces on more than one street,
the "curb level" is the average of the levels of the curbs at the
center of each front.
Any place of public assembly in which dancing is carried
on and to which the public may gain admittance either with or without
the payment of a fee.
[Added 10-21-2008 by L.L. No. 12-2008]
An accessory structure with a platform height of 18 inches
or higher above street elevation, with permanent footings with an
area coverage greater than 100 square feet, attached and encroaching
no closer than five feet to the property boundary lines when attached
to the primary structure and when said structure is detached requires
a setback from the property boundary lines of a minimum of three feet
from the primary structure and/or accessory structure. All decks shall
be considered an accessory structure.
[Added 4-18-2000 by L.L. No. 4-2000; 12-4-2007 by L.L. No.
15-2007]
A building or facility with accessory facilities devoted
to the preparation and/or sales and service of food, refreshments,
edibles or nonalcoholic drink to patrons for consumption on the premises
which permits or encourages consumption of such food, refreshments,
edibles or drink on the premises in parked or standing vehicles or
informally outdoors. A drive-in restaurant shall be construed to include
any form of drive-in, open-front or curb-service eating establishment;
however, it shall not be construed to include any form of cabaret
or similar entertainment establishment.
[Added 10-21-2008 by L.L. No. 12-2008]
A private road that enables vehicles to travel from a public
road on an approved surface to the rear line of a structure or garage.
Every driveway shall have an unobstructed minimum width of 10 feet.
[Added 12-4-2007 by L.L. No. 15-2007]
A building designed or used exclusively as the living quarters
for one or more persons.
One of the following:
A building containing three or more dwelling
units.
A building containing living, sanitary and sleeping
facilities, occupied by one or two families and more than two lodgers
residing with either one of such families.
A building with one or more sleeping rooms other
than a one- or two-family dwelling used or occupied by permanent or
transient paying guests or tenants.
A building with sleeping accommodations for
more than five persons used or occupied as a club, dormitory, fraternity
or sorority house or for similar uses.
A building used or occupied as a convalescent,
old age or nursing home, but not including private or public hospitals
or public institutions.
A community residence.
A building for senior citizens, intended primarily
for persons 62 years old or more, who are in good physical condition
and who do not require physical assistance.
A building designed for and occupied by one family.
A building designed for or occupied by two families living
independently of each other, with separate cooking and sanitation
facilities. This may be either a semidetached house the two parts
of which share a party wall, each side housing not more than one family,
or a dwelling containing separate quarters for one family over the
quarters of the other family.
A dwelling or portion thereof providing complete living facilities
for one family.
Either a person occupying a dwelling and maintaining a household,
with not more than two boarders, roomers or lodgers, or two or more
persons occupying a dwelling, living together and maintaining a common
household, with not more than four boarders, roomers or lodgers. A
"boarder," "roomer" or "lodger" residing with a family shall mean
a person within the household who pays a consideration for such residence
and does not occupy such space within the household as an incident
of employment therein.
[Amended 4-18-2000 by L.L. No. 4-2000]
An eating establishment, excluding bakeries and delicatessens,
where the majority of service is available from a counter-type installation
and from which quickly prepared or pre-prepared foods are taken away
by the customer, whether or not interior seating facilities are provided.
[Added 10-21-2008 by L.L. No. 12-2008]
The measurement of a building's floor area in relation to
the size of the lot/parcel upon which the building is located.
[Added 6-20-2023 by L.L. No. 2-2023]
A building used only for the storage of motor vehicles commonly
used for pleasure only, except as otherwise specifically provided
in any zone.
A building used commercially for the storage, repair (excluding
body work and painting), rental, greasing, washing, servicing, adjusting
or equipping of motor vehicles.
A series of attached, detached or semidetached dwelling units
which are provided as a group collectively with all essential services,
such as but not limited to water supply and house sewers, and which
units are located on a site or plot not less than 20,000 square feet
in area under common ownership and erected under plans filed with
the Department on or before April 18, 1954, and which units together
and in their aggregate are arranged or designed to provide three or
more apartments.
[Added 4-18-2000 by L.L. No. 4-2000]
Any area of land, including structures thereon, that is used
or designed to be used for supplying gasoline, oil or other fuel for
the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, cleaning
or servicing such motor vehicles.
The natural surface of the ground, or surface ground, after
completion of any change in contour, including the completed surfaces
of lawns, walks and roads brought to grades as shown on official plans
or designs relative thereto.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking, recreation or eating purposes, excluding
stairways, bathrooms, water closet compartments, laundries, pantries,
foyers, communicating corridors, closets or storage spaces.
A club which may be utilized by members and/or the general
public upon payment of a fee and which contains some or all of the
following types of athletic facilities: swimming pool, racquetball
courts, squash courts, exercise rooms, gymnasium or similar facilities.
[Added 10-21-2008 by L.L. No. 12-2008]
Any customary handicraft for gain conducted only by members
of a family residing on the premises, and conducted entirely within
the dwelling, provided that no article is sold or offered for sale
except such as may be produced by members of the immediate family
residing on the premises.
Any land or structure or part thereof exceeding 300 square
feet in area used for the collection, storage or sale of wastepaper,
rags, scrap metal or other scrap or discarded material or for the
collecting, dismantling, storage or salvage of machinery or vehicles
not in running condition or for the sale of the parts thereof.
[Added 10-21-2008 by L.L. No. 12-2008]
Space, less than 60 square feet in floor area, used for cooking
or preparation of food and not deemed habitable space.
A multiple dwelling, other than a hotel, a rooming house
or a furnished room house, in which persons are housed for hire for
a single night, or less than a week at one time, or any part of which
is let for any person to sleep in for any term less than a week.
[Added 4-18-2000 by L.L. No. 4-2000]
Any single parcel of land.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
The mean distance from the street line of the lot to its
opposite line, measured in the general direction of the side lines
of the lot. In a corner lot the depth is the longer dimension thus
measured.
A lot other than a corner lot.
The mean dimension of the lot measured at right angles to
its depth.
A continuous unobstructed way of exit from any point in a
building or structure to a public way. A means of egress comprises
the vertical and horizontal ways of travel and includes intervening
room spaces, doorways, hallways, corridors, passageways, balconies,
ramps, stairs, enclosures, lobbies, escalators, horizontal exits,
courts and yards.
[Added 4-18-2000 by L.L. No. 4-2000]
An intermediate floor, between the floor and ceiling of any
space, which extends over only a part of the floor area next below.
Any and all devices, in, upon or by which any person or property
is or may be transported, operated upon a public highway or public
street, propelled by any power other than muscular power, including
but limited to trucks, tractors, trailers, semitrailers, taxis, mobile
homes, motor homes, boats and landscaping equipment.
[Added 4-18-2000 by L.L. No. 4-2000]
A use of land or building which lawfully existed prior to
the enactment of any regulation which prohibited such use and which
is maintained after the date of the adoption of such regulation. For
the purposes of this definition, the earliest regulation referred
to herein shall be the Village of Hempstead Building Zone Ordinance
of 1930.
An area, together with means of ingress and egress, owned,
leased and operated by private enterprise and used for the parking
of vehicles as a commercial enterprise where a fee is charged for
parking.
An area, together with means of ingress and egress, owned
or leased and operated by the Village and used for the parking of
vehicles.
An area, together with means of ingress and egress, owned,
leased and operated by private enterprise and used for the parking
of motor vehicles as an accessory to a commercial use and for which
no fee for parking is charged, or used for the parking of motor vehicles
by the occupants of a multiple residence as an accessory thereto,
whether or not a fee is charged, provided further that said parking
area shall be graded so that the drainage water will be deposited
in the approximate center of the field and shall drain into adequate
dry wells.
A room or space where 49 persons or less gather for amusement,
athletic, civic, dining, educational, entertainment, patriotic, political,
recreational, religious, social or similar purposes.
A room or space where 50 or more persons gather for amusement,
athletic, civic, dining, educational, entertainment, patriotic, political,
recreational, religious, social or similar purposes.
Restaurant means an establishment engages in the service
of food and/or beverages to patrons seated inside a building. To qualify
as a restaurant, an establishment shall have the following:
[Added 10-21-2008 by L.L. No. 12-2008]
A food preparation area that is at least 10%
of the gross building square footage of the principal building. The
square footage of a food preparation area located in an on-site accessory
restaurant use building may be applied when calculating this minimum
ten-percent requirement; and
At least 75% of all customer seats designated
for full-service, full-menu dining; and
No more than 25% of the building floor area
may be devoted to accessory entertainment uses, including but not
limited to lounges, bars, live performances, and disc jockey areas.
An establishment with more than 25% of the building floor area devoted
to entertainment shall not qualify as a restaurant (full-service)
and shall not be eligible for a restaurant accessory entertainment
license.
A nonrestaurant food and beverage service business designed
primarily as a carry-out food establishment such as but not limited
to bakeries, delicatessens, coffee shops, and pizzerias, and maybe
accessory to grocery stores, food markets, health food stores, and
supermarkets, and may provide limited table service to customers.
A carry-out food establishment shall not include a fast-food establishment
or restaurant as defined in this chapter, nor shall it include any
businesses with drive-up window service.
[Added 10-21-2008 by L.L. No. 12-2008]
Any dwelling or part thereof which contains one or more rooming
units, in which space is let by the occupant or owner to three or
more persons for hire or otherwise.
[Added 10-21-2008 by L.L. No. 12-2008]
A person 62 years old or more who is in good physical condition
and does not require physical assistance.
The nearest point to the street line at which a building
may be erected in conformity with this chapter. The setback of a building
shall be measured from the street line to the nearest part of the
building which is covered by a roof.
A dwelling of at least two stories, and containing at least
1,500 square feet of habitable floor area, and so arranged that no
substantial part of the next higher story of the building is directly
over the story immediately lower. Each successive story shall be four
or more feet higher than the next lower story. If the garage level
contains any space used for habitation, other than storage, recreation
room or a home workshop, it shall be counted as a story.
That portion of a building which is between one floor level
and the next higher floor level or the roof. The ground or first story
of a building is the lowest story thereof which has its floor level
entirely above the level of the ground, except when the ground story
has a ceiling seven feet six inches or more above the curb level,
it shall be considered as a "story" in determining the height of a
building.
An accessory structure greater than 15 feet in height which
does not exceed more than 10% of lot coverage, which is considered
incidental to the primary use of the property, included in the calculation
of overall lot coverage, encroaching not closer than five feet to
the property boundary lines when attached to the primary structure,
with permanent footings, an area coverage greater than 100 square
feet when attached or detached from the primary structure and/or accessory
structure.
[Added 4-18-2000 by L.L. No. 4-2000]
A story, under a roof other than a flat roof, the rafter
plates of which on at least two opposite walls are less than three
feet above the floor thereof.
The dividing line between a public or private street and
a lot.
All swimming pools shall be considered an accessory structure.
[Added 4-18-2000 by L.L. No. 4-2000]
Any building or structure or any portion thereof which is
occupied, wholly or in part, as the residence of three families or
more living independently of each other and doing their cooking upon
the premises, and includes apartment houses, flat houses and all other
houses so erected and occupied, except that a tenement shall not be
deemed to include any converted dwelling. An "old-law tenement" is
a tenement existing and recorded as such in this Department, except
that it shall not be deemed to include any converted dwelling.
[1]
[Added 4-18-2000 by L.L. No. 4-2000]
The occupancy of a room for sleeping purposes by the same
person or persons for a period of 30 days or less.
[Added 4-18-2000 by L.L. No. 4-2000]
A building having not more than two floors and having habitable
floor area on the second floor accessible by a permanent stairway.
The open, unoccupied space, within and extending the full
width of the lot, between the street line and any part of the building
nearest to such line.
The open space, unoccupied except for permitted accessory
buildings, running the full width of the lot, between the nearest
part of the rear wall of the building throughout its height and the
rear line of the lot. In the case of a lot on the corner of two or
more streets, either lot line not bordering on a street may be selected
by the owner to be the rear line, provided that the owner notes the
same on the plans officially filed with the Superintendent of the
Building Department. In case of a gore lot between two streets meeting
at an angle of 90° or less, the lot line which is not also a street
line shall be considered a side lot line and not a rear lot line.
The open, unoccupied space within the lot between a side
lot line or its vertical projection and the parts of the building
nearest to such side line. Such a side yard shall extend through from
the street line or the front yard, if such is required, to the rear
yard, if such is required, or to the rear lot lines.
The least distance between the side lot line or its vertical
projection and the wall nearest to the side lot line.
[1]
Editor's Note: The former definition of "transient dwelling,"
added 4-18-2000 by L.L. No. 4-2000, which immediately followed, was
repealed 1-21-2020 by L.L. No. 1-2020.
[Amended 7-3-2012 by L.L. No. 7-2012]
For the purpose of promoting the public health,
safety and general welfare of the community, the Village of Hempstead
is hereby divided into the following districts or zones:
Residence AAA
|
Residence AA
|
Residence A
|
Residence B
|
Residence C
|
Residence D
|
Residence E
|
Residence E-1
|
Residence F
|
Residence G
|
Business A
|
Business B
|
Business C
|
Business BG
|
Light Manufacturing
|
Industrial
|
Downtown Overlay DO-1
|
Downtown Overlay DO-2
|
Downtown Overlay DO-3
|
Downtown Overlay DO-4
|
The boundaries of said districts shall be as
shown upon the map attached to and made a part of this chapter, and
any subsequent amendments or changes thereto, which shall be designated
as the "Official Map of the Village of Hempstead, Nassau County, New
York - Zoning." Said map and all notations, references and other things
shown thereon shall be as much a part of this chapter as if same were
all fully described herein.[1]
[1]
Editor's Note: The Zoning Map is on file in
the office of the Village Clerk.
The boundaries between districts are, unless
otherwise indicated, either the center lines of streets, railroad
rights-of-way, or such lines extended or lines parallel thereto. Where
figures are shown on the Zoning Map between a street and a district
boundary line, they indicate that the district boundary runs parallel
to the street line at a distance therefrom equivalent to the number
of feet so indicated. Where the street layout actually on the ground
varies from that as shown on the Zoning Map, the designation shown
on the mapped streets shall apply in such a way as to carry out the
intent and the purposes of this chapter for the particular area in
question.
No building or premises shall be erected, moved,
altered or used except in conformity with the provisions of this chapter
which apply to the district in which it is located.