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Town of Hempstead BZO, NY
Nassau County
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In a Business District, the following regulations shall apply.
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:
Single-family and two-family detached dwelling.
Club, fraternity house or lodge.[1]
Editor's Note: Former Sec. X-1.3, which immediately followed this subsection, was repealed 5-4-1954.
Editor's Note: Former Subsection C, permitting schools, colleges and universities, was repealed effective 8-30-2007.
Editor's Note: Former Subsection D, permitting religious uses, was repealed effective 8-30-2007.
Philanthropic use, excluding a correctional institution.
Hospital, sanatorium and dormitory of an educational institution.
Music school or dancing school.
Agriculture, greenhouse and nursery.
Municipal recreational use.
Railway passenger station.
Office, bank, financial institution and telephone exchange.
Store for the sale, at retail, of articles to be used or consumed off the premises, which is not subject to the provisions of § 197 hereof.
Restaurant other than a diner, lunch wagon, drive-in restaurant, drive-in luncheonette, drive-in counter or drive-in refreshment stand.
When approved as a special exception by the Town Board, a public garage, minor garage, battery service station, tire service station, or a combination thereof, motor vehicle repair shop, whether or not operated in connection with new or used motor vehicle sales, boat repair shop, whether or not operated in connection with new or used boat sales, public utility buildings and structures.
[Effective 8-4-1975]
Carpenter, hand cabinetmaking, furniture repair or upholstery shop, electrical shop, hand metalworking, blacksmith, tinsmith, new and unused plumbing, pet shop, gas, steam or hot-water fitting shop.
Hand laundry, custom tailoring, hand dressmaking, shoemaking and repairing.
Sale or repair of jewelry, watches, clocks or optical goods, musical, professional or scientific instruments.
Undertaking and embalming.
Special uses, when approved by the Board of Appeals pursuant to § 272, are permitted.
No excavation 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, when such removal is necessary as an accessory use or is for the purpose of farming or improving said property, shall be made unless approved by the Board of Appeals.
Such signs which are authorized under the provisions of Article XXIV are permitted.
[Effective 1-8-1979]
No building shall be greater in height than two stories and shall not exceed a maximum height of 30 feet, except that on lots that contain two or more acres and have a lot depth in excess of 100 feet, no building shall exceed four stories in height or a maximum of 60 feet, provided that the Town Board finds, as part of the site plan approval process, that the height of the building would not adversely affect adjacent residential uses.
In the case of any building erected altered or used in whole or in part as a dwelling, the building area shall not exceed 70% of the lot area.
Except as otherwise provided in Subsection D of this section, 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 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 within 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 20 feet.
[Effective 7-29-1974]
Except as otherwise provided in Subsection D of this section, 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 10 feet.
where a building is not controlled by Subsection A or Subsection D of this section, there shall be a front yard, the depth of which shall be at least 10 feet back of the front property line.
[1]Notwithstanding the foregoing, a roof, mansard, awning or similar projection not exceeding 24 inches into the required front yard setback shall be a permitted encroachment.
[Effective 4-11-1993]
Editor's Note: Former Subsection D was repealed 2-19-1974.
There shall be a rear yard of at least 10 feet, provided that if a building is used in whole or in part as a dwelling, there shall be a rear yard, the depth of which shall be at least 15 feet. The depth shall be increased five feet for each 12 feet or portion thereof by which the building exceeds forty (401 feet in height.
Editor's Note: Former Sec. X-6.1, which immediately preceded this section, was repealed 10-6-1953.
No dwelling shall be erected or maintained unless the plot on which it is erected shall have an area of at least 1,500 square feet for each family accommodated or intended to be accommodated.
No fence or wall more than six feet in height may be erected without a permit and except when authorized by the Board of Appeals pursuant to Article XXVII hereof.
Notwithstanding any other provisions of this article of this ordinance, a single-family or two-family detached dwelling and the lot or premises on which it is erected shall comply with the provisions of Article IX of this ordinance.