A. In order to preserve the integrity of the plan of the original Levittown,
the Town Board of the Town of Hempstead herein enacts this article
of the Town of Hempstead Building Zone Ordinance, to be known as "Levittown
Planned Residence District (LPRD)." This Town Board finds that due
to the expiration of the original restrictive covenants governing
lots in the planned community of Levittown, numerous properties that
would otherwise be protected may become subject to further subdivision
under existing town zoning provisions.
B. Due to the fact that originally Levittown was planned and developed
as a whole community, piecemeal intrusion on scattered parcels by
development will change the physical character of the residential
areas and reduce open space. This new Article is designed to prevent
any future deterioration to this stable community. This new Article
applies to the various areas in Levittown appearing on the original
Levitt & Sons, Inc., maps, more particularly described hereinafter.
C. This new Article, in combination with Town Law § 262 of
the State of New York, is intended to provide a framework to carry
out the intention of Levitt & Sons, Inc., as an owner who developed
certain land in the Town of Hempstead as a planned suburban community
of one-family dwellings, as evidenced by various declarations of restrictions
which were filed in the office of the County Clerk of Nassau County.
D. This Town Board intends to accomplish these purposes, thereby protecting,
preserving and promoting the public health, safety, general welfare
and amenity of the Town of Hempstead.
This article shall be known and cited as the "Levittown Planned
Residence District (LPRD) Article."
If any clause, sentence, section, paragraph or provisions of
this article shall be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder of this article, but shall be confined in its operation
to the clause, sentence, section, paragraph or provision directly
involved in the controversy in which such judgment shall have been
rendered.
A. In interpreting and applying the provisions of this article, the
rules of interpretation applicable to remedial legislation shall be
used so that the spirit and intent of this article shall be observed.
B. In the event of a conflict between the provisions of this article
and other provisions of this Building Zone Ordinance, the provisions
of this article shall control.
In addition to the definitions in this Building Zone Ordinance,
the following special definitions are applicable to this article.
In the event of conflict, the following definitions will be controlling:
LEVITTOWN AREA
The residentially zoned premises situate, lying and being
in the unincorporated area of the Town of Hempstead, County of Nassau,
State of New York, as shown on the following maps filed in the office
of the Clerk of the County of Nassau:
Name of Development
|
Map
Number
|
Filing
Date
|
---|
Island Tree Sec. A
|
4405
|
6-9-1947
|
Island Trees Sec. B
|
4413
|
7-3-1947
|
Island Trees Sec. C
|
4413
|
7-3-1947
|
Island Trees Sec. D
|
4413
|
7-3-1947
|
Island Trees Sec. E
|
4439
|
9-5-1947
|
Island Trees Sec. F
|
4439
|
9-5-1947
|
Island Trees Sec. G
|
4439
|
9-5-1947
|
Island Trees Sec. H
|
4456
|
11-13-1947
|
Island Trees Sec. J
|
4457
|
12-16-1947
|
Levittown Sec. K
|
4507
|
3-31-1948
|
Levittown Sec. L
|
4507
|
3-31-1948
|
Levittown Sec. M
|
4507
|
3-31-1948
|
Levittown Sec. N-O-P
|
4526
|
5-6-1948
|
Island Trees Center
|
4674
|
4-14-1949
|
Island Trees East
|
4972
|
6-5-1950
|
Levittown Sec. Q and R
|
4555
|
6-24-1948
|
Levittown Sec. T U V W
|
4577
|
8-6-1948
|
Levittown Sec. S
|
4597
|
9-2-1948
|
Levittown Sec. X and Y
|
1622
|
11-26-1948
|
Levittown Sec. Z
|
4634
|
12-31-1948
|
Levittown Sec. AA
|
4647
|
3-1-1949
|
Levittown Sec. BB
|
4663
|
3-31-1949
|
Levittown Sec. CC
|
4664
|
3-31-1949
|
Levittown Sec. DD
|
4676
|
4-14-1949
|
Levittown Sec. EE
|
4676
|
4-14-1949
|
Levittown Sec. FF
|
4690
|
5-16-1949
|
Levittown Sec. GG
|
4690
|
5-16-1949
|
Levittown Sec. HH
|
4726
|
7-6-1949
|
Levittown Sec. JJ
|
4726
|
7-6-1949
|
Levittown Sec. KK
|
4735
|
7-19-1949
|
Levittown Sec. LL
|
4752
|
8-16-1949
|
Levittown Sec. MM
|
4752
|
8-16-1949
|
Levittown Sec. NN
|
4760
|
8-30-1949
|
Levittown Sec. OO
|
4760
|
8-30-1949
|
Levittown Sec. 1
|
4782
|
10-5-1949
|
Levittown Sec. 7 and 8
|
4920
|
4-20-1950
|
Levittown Sec. 11
|
4957
|
5-17-1950
|
Keats Court
|
7787
|
5-4-1964
|
Mark Allen Gardens
|
6677
|
5-8-1956
|
Mayfair Park Sec. 1
|
5442
|
4-24-1952
|
Mayfair Park Sec. 2
|
5501
|
6-20-1952
|
Mayfair Park Sec. 3
|
5552
|
8-29-1952
|
Mayfair Park Sec. 4
|
5609
|
10-30-1952
|
Mayfair Park Sec. 5
|
5711
|
2-16-1963
|
Mayfair Park Sec. 6
|
5774
|
4-8-1953
|
Mayfair Park Sec. 7
|
5854
|
5-15-1953
|
Mayfair Park Sec. 8
|
5953
|
9-29-1953
|
Mayfair Park Sec. 9
|
6110
|
4-2-1954
|
Mayfair Park Addition 1
|
6010
|
11-27-1953
|
Miller Homes Sec. 1
|
4357
|
10-25-1946
|
Miller Homes Sec. 2
|
4384
|
3-10-1947
|
Milshire Park
|
4500
|
3-18-1948
|
Murray Estates
|
5983
|
11-5-1953
|
Newbridge Acres Sec. 1
|
5738
|
3-13-1953
|
Newbridge Acres Sec. 2
|
5998
|
11-16-1953
|
Newbridge Acres Sec. 3
|
6131
|
5-3-1954
|
Newbridge Acres Sec. 4
|
6259
|
9-21-1954
|
Newbridge Acres Sec. 5
|
6339
|
1-21-1955
|
Newbridge Acres Sec. 6
|
6451
|
6-22-1955
|
Old Britton Estates
|
5729
|
3-2-1953
|
Orchard Park Gardens Sec. 1
|
6090
|
3-9-1954
|
Orchard Park Gardens Sec. 2
|
6293
|
11-16-1954
|
Orchard Park Gardens Sec. 3
|
6526
|
9-19-1955
|
Orchard Park Gardens Sec. 4
|
6578
|
12-2-1955
|
Parkfield & Bethpage Sec. 1
|
6807
|
1-14-1957
|
Parkfield & Bethpage Sec. 2
|
7009
|
3-13-1958
|
Parkfield & Bethpage Sec. 2
(Alteration Map)
|
4453
|
10-24-1947
|
Park Lawn Sec. 1
|
5060
|
9-5-1950
|
Park Lawn Sec. 2
|
5176
|
3-9-1951
|
Park Lawn Sec. 3
|
5210
|
5-2-1951
|
Plainedge Homes Sec. 1
|
5364
|
12-14-1951
|
Plainedge Homes Sec. 2
|
5495
|
6-16-1952
|
Plainedge Homes Sec. 3
|
5496
|
6-16-1952
|
Plainedge Lawns
|
6245
|
9-3-1954
|
Rosewood Hills
|
6095
|
11-20-1953
|
Sea Corey Park
|
6291
|
11-9-1954
|
Sherman Manor
|
5874
|
6-29-1953
|
Sherrey Park Homes
|
8258
|
10-28-1969
|
Suburban Estates
|
6217
|
8-6-1954
|
Wantagh Lawns Amended Sec. 1
|
5514
|
7-7-1952
|
Wantagh Lawns Amended Sec. 2
|
5515
|
7-7-1952
|
Wantagh Lawns Amended Sec. 3
|
5634
|
12-3-1952
|
Wantagh Lawns Amended Sec. 4
|
5666
|
1-7-1953
|
Wantagh Lawns Amended Sec. 5
|
5759
|
3-30-1953
|
Wantagh Lawns Amended Sec. 6
|
5886
|
7-17-1953
|
Levitt Sec. 16 and 17
|
5020
|
7-17-1950
|
Levitt Sec. 18
|
5021
|
7-17-1950
|
Levitt Sec. 19 and 20
|
5028
|
7-31-1950
|
Levitt Sec. 21
|
5045
|
8-21-1950
|
Levitt Sec. 22 to 25, inclusive
|
5077
|
9-21-1950
|
Levittown Sec. 26 and 27
|
5164
|
2-20-1951
|
Levittown Sec. 28 and 29
|
5196
|
3-30-1951
|
Levittown Sec. 30
|
5197
|
4-6-1951
|
Levittown Sec. 31
|
5202
|
4-16-1951
|
Levittown Sec. 32 and 33
|
5208
|
4-30-1951
|
Levitt Sec. 34 and 35
|
5223
|
5-21-1951
|
Levitt Sec. 36 and 37
|
5230
|
6-7-1951
|
Levitt Sec. 38
|
5231
|
6-7-1951
|
Levitt Sec. 39
|
5232
|
6-7-1951
|
Alan Crest Homes
|
6840
|
3-22-1957
|
Associated Terrace, Inc., Sec. 1
|
5749
|
3-24-1953
|
Associated Terrace, Inc., Sec. 2
|
5838
|
6-1-1953
|
Associated Terrace, Inc., Sec. 3
|
5937
|
9-16-1953
|
Associated Terrace, Inc., Sec. 4
|
6041
|
1-19-1954
|
Associated Terrace, Inc., Sec. 5
|
6280
|
10-22-1954
|
Associated Terrace, Inc., Sec. 6
|
6397
|
4-5-1955
|
Aviation Park
|
34
|
5-17-1911
|
Barb-El Estates
|
7868
|
1-15-1965
|
Belpark Manor
|
7187
|
7-6-1959
|
Bethpage Manor
|
4952
|
5-12-1950
|
Bethpage Terrace Sec. 1
|
4942
|
5-9-1950
|
Bethpage Terrace Sec. 2
|
5211
|
5-2-1951
|
Bethpage Terrace Sec. 3
|
5392
|
2-21-1952
|
Birchwood & Plainedge
|
5510
|
7-1-1952
|
Brooktree Park
|
7465
|
7-17-1961
|
Brenner Estates
|
647
|
5-19-1928
|
Bur-Bor Homes
|
7650
|
2-20-1961
|
Cherrywood Sec. 1
|
5702
|
2-5-1953
|
Cherrywood Sec. 2
|
5811
|
5-13-1953
|
Cliff Steven Estates
|
8112
|
12-22-1967
|
Country Squires Addition
|
7819
|
9-24-1964
|
Crest Haven Sec. 1
|
4848
|
12-30-1949
|
Debra Park
|
6784
|
11-26-1956
|
East Meadow Estates
|
7915
|
6-28-1965
|
Elm Manor Homes
|
7919
|
8-2-1965
|
Fams Homes
|
7713
|
7-23-1963
|
Farm Ranch Homes
|
4912
|
4-12-1950
|
Garay Estates
|
8353
|
4-26-1971
|
Garden Farm Homes Sec. 1
|
804
|
5-26-1933
|
Garden Farm Homes Sec. 2
|
804
|
5-16-1934
|
Gardiners Park Homes
|
6364
|
3-23-1955
|
Gerard Homes
|
8131
|
3-22-1968
|
Hahn Estates Sec. 1
|
5737
|
3-12-1953
|
Hahn Estates Sec. 2
|
5964
|
10-14-1953
|
Hahn Estates Sec. 3
|
6258
|
9-21-1954
|
Hahn Estates Sec. 4
|
6303
|
12-3-1954
|
Wantagh Manor Sec. 1
|
5535
|
8-5-1952
|
Wantagh Manor Sec. 2
|
5728
|
3-2-1953
|
Wantagh Oaks Sec. 1
|
5265
|
7-26-1951
|
Wantagh Oaks Sec. 2
|
5397
|
2-27-1952
|
Wantagh Oaks Sec. 3
|
5492
|
6-16-1952
|
Wantagh Oaks Sec. 4
|
5593
|
10-21-1952
|
Wantagh Oaks Sec. 5
|
5681
|
1-23-1953
|
Wantagh Oaks Sec. 6
|
5741
|
3-18-1953
|
Wantaghwood
|
5409
|
3-14-1952
|
Whitebirch & Wantagh Sec. 1
|
5560
|
9-16-1952
|
Whitebirch & Wantagh Sec. 2
|
5710
|
2-16-1953
|
Whitebirch & Wantagh Sec. 3
|
5744
|
3-20-1953
|
Whitebirch & Wantagh Sec. 4
|
5951
|
9-29-1953
|
Whitebirch & Wantagh Sec. 5
|
6007
|
11-24-1953
|
Whitebirch & Wantagh Sec. 6
|
6157
|
5-27-1954
|
Together with all residentially zoned premises situate, lying
and being within the following-described boundaries:
|
Beginning at a point where the west line of Newbridge Road intersects
the Town of Hempstead - Town of Oyster Bay boundary line; running
thence easterly along said boundary line to a point where said line
turns and runs southerly; thence continuing southerly along the Town
of Hempstead - Town of Oyster Bay boundary line, to a point on the
center line of the Southern State Parkway; thence running westerly
along said center line to a point on the center line of the Seaford
- Oyster Bay Expressway; thence running southerly along said center
line to a point on the center line of Jerusalem Avenue; thence running
westerly along said center line to a point on the center line of the
Wantagh State Parkway; thence running northerly along said center
line to a point on the center line of Salisbury Park Drive; thence
running westerly and northwesterly and westerly along said center
line to a point on the center line of Stewart Avenue; thence running
northeasterly along said center line to a point on the southwesterly
boundary line, when projected southeasterly, of filed map of Section
17 of subdivision map of property known as "Levittown," filed in the
Nassau County Clerk's office July 17, 1950, as Case No. 5021; thence
running northwesterly and northeasterly along the boundary line of
the last-mentioned filed map and continuing along the northerly line
of Lot 70, of Block 19, Section 45, projected northeasterly, as shown
on the Nassau County Land and Tax Map, to a point on the center line
of Carman Avenue Extension; thence running southerly along said center
line to a point on the center line of Carman Avenue; thence running
northeasterly along said center line to a point on the west boundary
line of Wantagh State Parkway; thence running southerly along said
west boundary line to a point on the Town of Hempstead - Town of Oyster
Bay boundary line; thence running southerly and easterly along the
last-mentioned boundary line, across Wantagh State Parkway to a point
on the west line of Newbridge Road, the point or place of beginning.
|
There is hereby established the Levittown Planned Residence
District (LPRD). In the Levittown Planned Residence District (LPRD),
buildings and structures may be erected, altered or used and lots
or premises may be used in accordance with the provisions of §§ 177
to 193, both inclusive, and not otherwise.
A building may be erected, altered or used and a lot or premises
may be used for any of the following purposes, and for no other:
A. Single-family detached dwelling or senior residence.
[Effective 8-31-1992]
D. Agriculture or nursery, provided that there is no display for commercial
purposes or advertisement on the premises.
E. Municipal recreational use.
F. Railway passenger station.
[Effective 7-6-1992]
Accessory uses on the same lot with and customarily incidental
to any of the above-permitted uses, including a private garage, are
permitted. This shall be understood to include the professional office
or studio of a doctor, dentist, masseur, teacher, artist, architect,
real estate broker, engineer, musician or lawyer or rooms used for
home occupations such as dressmaking, millinery or similar handicrafts,
provided that the office, studio or occupational room is located in
the dwelling in which the practitioner resides and provided further
that no goods are publicly displayed on the premises.
No sign whatsoever shall be displayed except a family or professional
name and address plate.
No excavations for purposes other than the construction of a
driveway, walk, a permitted wall or building or part thereof or accessory
thereto, or to remove topsoil from one part of the lands of an owner
to another part of the same premises, which such removal is necessary
as an accessory use or is made for the purpose of farming or improving
said property, shall be made unless approved by the Board of Appeals.
A. No business or trade of any kind shall be carried on upon any lot except when approved by the Board of Appeals pursuant to Article
XXVII.
B. No permanent trailer, tent, shack or other structure shall be located,
erected or used.
All existing and permitted uses may be continued as provided
in this ordinance.
Special uses, when approved by the Board of Appeals pursuant
to § 272, shall be permitted.
A. In the case of a single-family dwelling, no building shall be greater
in height than 2 1/2 stories or 30 feet.
B. In case of a building other than a single-family dwelling, no building
shall be greater than three stories or 45 feet in height, except a
church.
The building area shall not exceed 30% of the lot area.
The ground floor of each dwelling, exclusive of one-story open
porches and garages, shall be not less than 750 square feet in the
case of a one-story dwelling, nor less than 550 square feet in the
case of one-and-one-half-, two- or two-and-one-half-story dwellings.
A. The required front yard depth shall be the same as the average front
yard depth of the existing buildings within 200 feet on each side
of the lot and within the same block in the same use district, or
if there are less than two existing buildings on the same side of
the street, the average front yard depth of existing buildings with
200 feet on each side directly opposite the lot in the same use district.
In any case, no front yard shall be required to have a depth greater
than 40 feet.
B. In case of a corner lot, a front yard shall be required on each street,
and notwithstanding the foregoing, each such front yard shall be not
less than 25 feet.
C. Where a building is not controlled by Subsection
A above, there shall be a front yard, the depth of which shall be at least 25 feet back of the street line.
A. In case of a single-family dwelling, there shall be two side yards,
one on each side of the main building, the aggregate widths of which
shall be at least 15 feet. Neither side yard shall be less than five
feet wide.
B. In case of any building other than a single-family dwelling or a
building accessory thereto, there shall be two side yards. If such
building is not over 40 feet high, the width of each of the two side
yards shall be at least 20 feet; and if such building is over 40 feet
high, this width shall be increased five feet for each 12 feet or
portion thereof by which the building exceeds 40 feet.
There shall be a rear yard, the depth of which shall be at least
25 feet. In case of a building over 40 feet high, the depth shall
be increased five feet for each 12 feet or portion thereof by which
the building exceeds 40 feet in height.
A. The following encroachments are hereby permitted:
[Effective 1-27-1991; 6-8-2012]
(1) Cornices, eaves, gutters, chimneys or bay windows projecting not
more than 24 inches.
(2) One-story open porches and terraces not exceeding three feet in height,
projecting not more than six feet into a front or rear yard.
(3) One-story enclosed front vestibules not greater than six feet wide
and five feet deep.
(4) One-story additions to the main dwelling projecting into one of the
required side yards, provided that the area of encroachment shall
be used for garage purposes only, and provided further that neither
side yard shall be less than five feet wide, and provided further
that the aggregate widths of the two side yards shall be at least
12 feet.
(5) One-story additions to the main dwelling encroaching into the required
rear yard, provided that the area of encroachment is not in excess
of 240 square feet, and provided further that the rear yard shall
not be diminished thereby to a depth of less than 15 feet.
(6) One-story additions to the exterior of the main dwelling containing
only an aboveground fuel-oil storage tank used for heating the premises
upon which installation is made, projecting into one of the required
side yards, provided that said side yard shall not be diminished thereby
to a width of less than five feet.
(7) Air-conditioning condenser units, emergency generators, basement
stairs and basement areaways, projecting into one of the required
side yards, provided that said side yard shall not be diminished thereby
to a width of less than five feet.
(8) Retractable awnings encroaching into any yard, provided that the
yard shall not be diminished to a depth of less than two feet. Additionally
such retractable awnings shall not be calculated into lot coverage.
(9) Exclusive of encroachments permitted under this section and structures
approved by Board of Appeals grant, second-story additions above existing
permitted one-story structures may project into any required yard,
provided that they do not extend beyond the wall of the existing structure.
(10)
Sheds which have an inside capacity of less than 52 cubic feet
and do not exceed 72 inches in height shall not require building permits.
Furthermore, these types of sheds may project into one of the required
side yards, provided that the said side yard shall not be diminished
to a width of less than five feet.
B. In any case where the Board of Appeals had diminished a required
yard by a variance or special exception, none of the foregoing encroachments
shall be permitted encroachments in such diminished yard.
[Effective 6-18-2002]
A fence, not exceeding six feet in height, shall be permitted on the rear lot line and those linear portions of the side lot lines enclosing a rear yard; provided, however, that the six-foot fencing and its relationship to the street fronting upon the premises shall not exceed a greater distance frontward to the street than the front building line of the dwelling; provided that any fencing frontward of the front building line shall be no greater than four feet in height, and of a type which does not substantially obstruct line of sight, and provided that there shall be compliance with § 311 of Article
XXXI of this ordinance, with respect to clear sight triangles.
A. Accessory buildings may occupy 40% of the required area of the rear
yard up to an average height of 12 feet. The yard area occupied by
such accessory building shall, however, be included in computing the
maximum percentage of the lot area which may be built upon. No accessory
building shall be nearer to any front property line than 45 feet,
and it must be at least two feet from the rear and side property lines,
except that accessory garages may have a party wall. However, in the
case of an accessory private garage which may include a porch or an
enclosed patio annexed thereto, it may be located not nearer to the
front property line than the main building which it tends and must
not be less than five feet from any side line; should such accessory
garage be located 45 feet or more from the property line, it cannot
be less than two feet from the side and rear property lines.
B. In the case of a corner lot, an accessory building shall be neither more nor less than two feet from the rear and side property lines, except in the case of an accessory private garage, which may be located not nearer to the front property line than the main building which it tends and must be not less than five feet from any side line, but must, in any other event and in all other respects, conform to Subsection
A of this section.
C. Exclusive of an accessory private garage and a cabana permitted as an accessory to a swimming pool pursuant to § 252A(6) of Article
XXV, only one structure can be erected and thereafter maintained, and such structure shall be erected on the ground and in the rear yard only and shall not exceed 144 square feet of floor area, nine feet in height maximum and 12 feet horizontally maximum, unless authorized as a special exception by the Board of Appeals.
[Effective 7-6-1992]
A. The legislative intent of this section is to permit the Town Board
to enact higher standards for structures within the Levittown Planned
Residence District (LPRD) than those prescribed by the provisions
of this ordinance.
B. No dwelling or other building shall be erected on any lot unless
it contains an area of not less than 6,000 square feet and has a minimum
width of 60 feet from and on the street line to the front setback
line. The foregoing provision shall not apply to the construction
of accessory uses, dwelling additions or building additions on a lot.
In the case of a corner lot, a front yard shall be required on each
street.
[Effective 1-29-1988]
C. No dwelling or other building shall be erected on any lot having
a depth of less than 100 feet.
D. No more than one single-family dwelling shall be erected on any lot
on any map being part of the Levittown Area as defined in this article.
If any plot on which a building has been erected shall be subdivided
into two or more plots in such a manner that the resulting plot on
which such building remains shall not comply with § 193
hereof, the right of the owner thereof to maintain such building on
such plot shall immediately cease, and he shall remove the same on
the order of the Town Building Inspector.