This chapter shall be known and may be cited as the "Building
Zone Ordinance of the Village of Hewlett Bay Park."
A.
Word usage. Words used in the singular number include the plural,
and vice versa; the present tense includes the future; the masculine
gender includes the feminine and neuter; and the word "building" includes
the word "structure," "lot" includes the word "plot"; and the word
"shall" is always mandatory.
B.
ACCESSORY BUILDING OR STRUCTURE
BUILDING
BUILDING AREA
CARPORT
DEPTH OF A LOT
FAMILY
FENCE
FLOOR AREA
FRONT YARD
GROUND, MEAN LEVEL OF
GROUND OR FIRST STORY
HEIGHT
(1)
(2)
(3)
HEIGHT/SETBACK RATIO
IMPERVIOUS SURFACE
LOT
LOT AREA
NONCONFORMING USE
NONCONFORMING BUILDING, LOT OR STRUCTURE
ONE-AND-ONE-HALF-STORY BUILDING
ONE-HALF STORY OF A BUILDING
PARKING SPACE
PRIVATE GARAGE
REAR YARD
SCREEN
SIDE YARD
SINGLE-FAMILY DWELLING
STORY
STREET
(1)
(2)
(3)
STREET LINE
STRUCTURE
YARD
Definitions. Unless otherwise expressly stated, the following words
shall, for the purposes of this chapter, have the meanings herein
indicated:
A building or structure subordinate to the main building
on a lot and used for purposes customarily incidental to those of
the main building. No accessory building or structure may be used
as habitable space (e.g., for living, sleeping, eating or cooking).
[Amended 3-17-2014 by L.L. No. 2-2014]
Any structure having a roof supported by columns or walls
and intended for the shelter, housing, or enclosure of people, animals,
or property.
[Added 11-21-2011 by L.L. No. 2-2011]
The aggregate of the maximum horizontal cross-section area(s)
of the building and structures on a lot, including all cornices, eaves,
gutters or chimneys, porches, bay windows, balconies, terraces or
any other projection.
[Amended 3-17-2014 by L.L. No. 2-2014]
A roofed structure accessory to or part of a main building,
used or intended for the storage of motor vehicles, which is not enclosed
on all sides by walls or doors.
[Added 4-4-1989 by L.L. No. 16-1989
The mean distance from a street line of the lot to its opposite
rear line, measured in the general direction of the side lines of
the lot. The "width of a lot" is the mean width measured at right
angles to its depth.
One or more persons related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, exclusive
of household servants. A number of persons, but not exceeding two,
living and cooking together as a single housekeeping unit though not
related by blood, adoption or marriage shall be deemed to constitute
a "family."
A structure erected around or by the side of any open space
to prevent passage in or out, especially enclosing or separating yards.
The number of square feet of all used or usable floors, regardless
of the number of stories and including floors below grade.
[Added 4-4-1989 by L.L. No. 16-1989]
A yard across the full width of the lot, extending from the
front wall of the building to the front line of the lot.
The average elevation of the ground level measured along
the entire foundation and not the mean between the highest and lowest
points.
[Added 11-21-2011 by L.L. No. 2-2011]
The lowest story entirely above the level of the ground in
front of the building.
[Amended 11-21-2011 by L.L. No. 2-2011; 3-17-2014 by L.L. No.
2-2014]
The height of a principal building shall be the vertical distance
measured from the mean level of the ground to the highest point of
the roof for flat roofs and mansard roofs, and to a point midway between
the eaves and the peak for gable, hip, or gambrel roofs. Notwithstanding
any height limit contained in this chapter, a chimney, antenna or
similar projection shall not be included in the height. No principal
building shall exceed 2 1/2 stories or 35 feet in height, whichever
is less.
The height of an accessory building or structure with a peaked
roof shall not exceed 17 feet. The height of any other accessory building
or structure shall not exceed 13 feet. The height of an accessory
building or structure shall be the vertical distance measured from
the mean level of the ground to the highest point of the building
or structure.
For the purposes of this definition, a gable, hip or gambrel
roof shall be a roof with a slope of at least four feet vertically
for every 12 feet horizontally. In the event of a dispute as to the
type of roof on a building, the Building Inspector shall determine
which of the specified roof types is most closely similar.
A theoretical inclined plane through which no portion of
a building, other than minor architectural features consisting of
chimneys, skylights, dormer windows, and cupolas not covering in the
aggregate more than 10% of the entire roof area and other than cornices,
eaves, gutters, and flues projecting not more than 18 inches, shall
penetrate. The ratio begins at the ground level of a property lot
line and rises over the zoning lot at a maximum ratio of vertical
distance as set forth in this chapter. The height/setback ratio as
established in the zoning regulations shall be measured using either
the front, side or rear property line as may be appropriate for the
particular ratio being applied.
[Added 11-21-2011 by L.L. No. 2-2011]
A surface which has been compacted or covered with material
so that it is highly resistant to infiltration by water. A surface
which has a percolation rate slower than 60 minutes per inch shall
be considered impervious. No more than 50% of a graveled area may
be considered to be impervious. Impervious surfaces shall include,
but shall not be limited to, materials which do not permit the natural
absorption and permeation by soils of rain or other surface water,
such as concrete, asphalt or artificial ground cover as may be used
in the construction of roads, pavements, walkways, driveways, parking
areas, patio and recreation facilities. Buildings and structures are
included in the calculation of impervious surface coverage.
[Added 3-17-2014 by L.L. No. 2-2014]
A parcel of land used or intended to be used for a building
and accessory buildings, excluding any part in a street or parkway.
As applicable to this chapter, refers to the land exclusive
of the street or parkway areas.
A use or activity which was lawful at the time it was established
or at any point in time thereafter, but which fails to conform to
the requirements of the zoning district in which it is located by
reason of subsequent adoption or amendment of the zoning regulations.
[Added 4-4-1989 by L.L. No. 16-1989]
A building, lot or structure, the size, dimension or location
of which was lawful at the time it was established or at any point
in time thereafter, but which fails to conform to the requirements
of the zoning district in which it is located by reason of subsequent
adoption or amendment of the zoning regulations.
[Added 4-4-1989 by L.L. No. 16-1989]
A building where the main eaves of the one-half story are
below the mid-height of such one-half story.
One where the livable floor area is at least 40% of the livable
floor area of the story immediately below it and the main eaves of
which are below the mid-height of such one-half story.
An off-street or surfaced space available and usable for
the parking of one motor vehicle, having dimensions of not less than
10 feet by 20 feet exclusive of passageways, aisles, driveways and
other required space appurtenant thereto and giving access thereto,
and having direct access to a street.
[Added 4-4-1989 by L.L. No. 16-1989]
An accessory building used for the storage of not more than
four automobiles owned and used by the owner or tenant of the lot
on which it is erected for a purpose accessory to the use of the lot.
A yard across the full width of the lot, extending from the
rear wall of the building to the rear line of the lot.
A structure or planting of shrubs which will obstruct the
view to or from any open space.
A yard extending from the front yard to the rear yard between
the building and the adjacent side line of the lot.
A building designed for and occupied exclusively as a home
or residence by not more than one family.
That portion of a building or structure included between
the surface of any floor and the surface of the floor next above it
or, if there is no floor above it, then the space between the surface
of the floor and the top of the ceiling beams next above it. A basement
shall be counted as a story if the underside of the finished first
floor is more than four feet above the mean level of the ground.
[Added 11-21-2011 by L.L. No. 2-2011]
A street or parkway shown on the Official Map or Plan of the
village or any amendment or modification thereof;
Any existing state, county, town or village highway; or
A street shown upon a subdivision plot duly filed in the office
of the Clerk of the County of Nassau and which said street has been
dedicated to and accepted by the village.
The dividing line between a lot and a street (either public
or private) or a parkway.
Any combination of materials, other than a building, constructed
or erected on, above or below the surface of the ground including
but not limited to fences, walls, swimming pools, and tennis and sports
courts.
[Added 11-21-2011 by L.L. No. 2-2011]
An open, unobstructed, unoccupied space on the same lot with
a building, except as otherwise provided in this chapter.
