The Town of Hempstead has undertaken a program of Urban Renewal
at Inwood (NYR-63). The Inwood Urban Renewal Project is unique in
that it involves both redevelopment and the rehabilitation of a substantial
number of homes owned for the most part by disadvantaged persons.
In the process of revitalizing the area covered by the Inwood Urban
Renewal Project it became apparent that several new zoning districts
would have to be created which would tend to revitalize the neighborhood,
promote property values and minimize dislocation of existing residents,
to inhibit blight, all in cooperation with federal and state programs.
With this in view, this article is enacted with the intention of promoting
the health, safety, morals and general welfare of the Town of Hempstead.
A.
This article shall be known and cited as the "Inwood Urban Renewal
Zoning Article of the Town of Hempstead."
B.
This article shall apply to any existing dwelling and any existing
dwelling unit and any new dwelling unit in an existing structure or
in an existing structure to be enlarged or altered in the Inwood Urban
Renewal Project Area NYR-63.
In addition to the definitions of this Building Zone Ordinance,
the following special definitions are applicable to this article.
In the event of conflict, the following definitions shall be controlling:
The sum in square feet of the areas of all floors of a building
or buildings, measured from the exterior faces of exterior walls or
from the center line of a party wall separating two buildings, and
including cellar, basement, interior balconies and mezzanines, enclosed
porches, and the floor area of accessory buildings, provided that
the term shall exclude the floor area of cellar and basement areas,
or portions thereof, only when such areas are used exclusively for
dead storage, off-street parking facilities or utility or other equipment
installed for the normal operation and maintenance of such building
or buildings.
The ratio of the total floor area of the building or buildings
to the lot area of the building site.
The total horizontal area included within lot lines.
A wall on an interior lot line used or adopted for a joint
service by the dwelling units or other structures.
A building containing a single dwelling unit which is separated
on both sides from any other structure or building by an unpierced
party wall from the ground up.
A building containing a single dwelling unit, no part of
which is attached to any other building.
A building containing a single dwelling unit which is separated
on one side from any other structure or building by an unpierced party
wall from the ground up.
A building containing two dwelling units, no part of which
is attached to any other building.
A.
In an Urban Renewal Residence B District, buildings and structures
may be erected, altered or used and lots or premises may be used in
accordance with the provisions of this section, and not otherwise.
B.
A building or structure may be erected, altered or used and a lot
or premises may be used for any of the following purposes, and for
no other:
(1)
Single-family detached dwelling.
(2)
Single-family semiattached dwelling.
(3)
Single-family attached dwelling.
(4)
Two-family detached dwelling.
(5)
Public school, parochial school, private school for instruction of
elementary grades or academic grades, or both, chartered by the Board
of Regents of the State of New York; college; university.
(6)
Religious use.
(7)
Municipal use, including but not limited to parks, recreational centers,
health clinics and day-care centers.
(8)
Telephone exchanges.
(9)
Accessory uses and buildings, including private garages on the same
lot and incidental to the above-permitted uses, as follows:
(a)
The office of a person practicing the profession of medicine,
dentistry, law, chiropractic, architecture or engineering, provided
that such use is conducted in not more than 20% of the floor area
of the main building in which such person resides, such use is conducted
only in the main building and uses no visible advertising, except
such sign as is permitted in the Sign Article of this ordinance.[1]
(b)
Home occupations, including but not limited to the office, studio
or rooms of a voice and music teacher, artist, licensed broker, dressmaker,
milliner and beautician, provided that such use is conducted in not
more than 20% of the floor area of the main building in which such
person resides, no hired personnel is employed and it uses no visible
advertising thereof, except such sign as is permitted in the Sign
Article of this ordinance.[2]
C.
Encroachments; accessory buildings; signs; fences. All buildings, uses and structures shall comply with the permitted encroachments, fences, accessory buildings and sign provisions of Article IX hereof.
E.
Building area. The building area shall not exceed 50% of the lot
area.
F.
Front yards.
(1)
The required minimum front yard depth shall be the average of the
front yard depth of existing buildings within 200 feet on each side
of the lot and within the same block, or if there are not at least
two existing buildings within 200 feet on each side of the lot and
within the same block, the required front yard shall not be less than
20 feet. In any case, no front yard shall be required to have a depth
greater than 30 feet.
G.
Side yards.
(1)
In the case of a single-family detached dwelling or a two-family
detached 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.
(2)
In the case of a semiattached single-family dwelling, the minimum
side yard on one side shall be at least 12 feet.
(3)
In the case of a building other than a single-family detached or
a two-family detached or a semiattached 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 side yard shall
be 15 feet; and if such building is over 40 feet high, this width
shall be increased three feet for each 12 feet or portion thereof
by which the building exceeds 40 feet in height.
H.
Rear yards. There shall be a rear yard, the depth of which shall
be at least 20 feet. In the 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.
I.
Lot area, width and depth.
[Effective 1-7-1996]
(1)
In the case of a single-family detached dwelling or a two-family
detached dwelling, no dwelling or other building shall be constructed
on a lot unless it contains an area of not less than 4,000 square
feet and has a minimum lot width of 40 feet at the street line and
at the front setback line and has a minimum lot depth of 80 feet.
(2)
In the case of a semiattached single-family dwelling, no dwelling
or other building shall be constructed on a lot unless it contains
an area of not less than 3,600 square feet and has a minimum lot width
of 40 feet at the street line and at the front setback line and has
a minimum lot depth of 80 feet.
(3)
In the case of a single-family attached dwelling, no dwelling or
other building shall be constructed on a lot unless it contains an
area of not less than 2,400 square feet and has a minimum lot width
of 30 feet at the front setback line and has a minimum lot depth of
80 feet.
K.
Disposition parcels.
[Effective 5-17-1973]
(1)
Notwithstanding any other provisions of this ordinance, the following
parcels on the Disposition Map of property in Inwood, Town of Hempstead,
Nassau County, New York, owned by the Town of Hempstead for the Inwood
Urban Renewal Project NYR-63 herein-described as follows:
(a)
Parcel 12B: a parcel approximately 90 feet deep 40 feet in width
located on the westerly side of Monroe Street (James Place), 335.76
feet south of Bayview Avenue, with an area of approximately 3,615
square feet.
(b)
Parcel 14: a rectangular parcel 90 feet deep 40 feet in width
located on the westerly side of Alvin Place, 170.51 feet south of
Bayview Avenue, with an area of 3,600 square feet.
(c)
Parcel 15B: a rectangular parcel 90 feet deep by 80 feet in
width located on the easterly side of Monroe Street (James Place),
400.40 feet south of Bayview Avenue, with an area of 7,200 square
feet.
|
may be subdivided to a minimum lot size of 3,500 square feet
which is necessitated by the fact that substandard lot depths were
established by an old subdivision map between Alvin Place and Monroe
Street and Monroe Street and Wolcott Avenue.
|
(2)
The above-captioned parcels are shown in whole or part on the Disposition
Map of Property at Inwood, Town of Hempstead, Nassau County, New York,
by the Town of Hempstead Inwood Urban Renewal Project No. NYR-63 prepared
by A. James DeBruin, C.E.N.Y.S.P.E. & L.S. No. 26960, dated April
15, 1968, and as revised.
(3)
No such subdivision lot will have a frontage of less than 40 feet
to provide for side yards. Any modification in footage from the established
4,000 square feet per building lot will occur in the rear yard.
(4)
Except as hereby modified, all the requirements for the zoning district
in which the aforesaid parcels lie shall be applicable.
A.
In an Urban Renewal Residence C District, buildings and structures
may be erected in accordance with the provisions of this section,
and not otherwise.
B.
A building or structure may be erected, altered or used and a lot
or premises may be used for any of the following purposes, and for
no other:
(1)
Three-or-more-family multiple dwellings.
(2)
In the case of three-or-more-family multiple dwellings, which include the office of a person practicing the profession of medicine, dentistry, law, architecture or engineering, together with the studio or occupational room of a chiropractor, a real estate or insurance broker or accountant, provided that such use is conducted in not more than 20% of the floor area of the apartment or suite of rooms in which the practitioner resides and is incidental to such residential use, and provided that there is no visible advertising, except such sign as is permitted in the Sign Article (Article XXIV) of this ordinance.
C.
Encroachments, fences, accessory buildings and cellars. All buildings, uses and structures shall comply with the permitted encroachments, fences, accessory buildings and basement or cellar provisions of Article X hereof.
D.
Height. No building shall be greater than 35 feet in height; three-
and four-family dwellings shall not be greater than three stories;
more than four-family dwellings shall not be greater than 3 1/2
stories.
F.
Front yards.
(1)
The required minimum front yard depth shall be the average of the
front yard depth of existing buildings within 200 feet on each side
of the lot and within the same block, or if there are not at least
two existing buildings within 200 feet on each side of the lot and
within the same block, the required front yard shall be not less than
20 feet. In any case, no front yard shall be required to have a depth
greater than 30 feet.
G.
Side yards.
(1)
In the case of three- and four-family multiple dwellings, 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.
(2)
In the case of more-than-four-family multiple dwellings, there shall
be two side yards, one on each side of the main building, the aggregate
widths of which shall be at least 30 feet. Neither side yard shall
be less than 15 feet wide.
H.
Front yards.
(1)
The required minimum front yard depth shall be the average of the
front yard depth of existing buildings within 200 feet on each side
of the lot and within the same block, or if there are not at least
two buildings within 200 feet on each side of the lot and within the
same block, the required front yard shall be not less than 25 feet.
In any case, no front yard shall be required to have a depth greater
than 30 feet.
I.
There shall be a rear yard, the depth of which shall be at least
25 feet.
J.
Lot area, width and depth.
(1)
In the case of three- and four-family multiple dwellings, no dwelling
or other building shall be constructed on a lot unless it contains
an area of no less than 6,000 square feet and has a minimum lot width
of 60 feet at the street line and at the front setback line and has
a minimum lot depth of 100 feet.
(2)
In the case of more-than-four-family multiple dwellings, no dwelling
or other building shall be constructed on a lot unless it contains
an area of not less than 10,000 square feet and has a minimum lot
width of 80 feet at the street line and at the front setback line
and has a minimum lot depth of 100 feet.
(3)
In the case of more-than-four-family multiple dwellings, the minimum
lot area per dwelling unit shall be 1,600 square feet.
[Effective 8-16-1970]
A.
In an Urban Renewal Highway Commercial District, buildings and structures
may be erected, altered or used and lots or premises may be used in
accordance with the provisions of this section, and not otherwise.
B.
A building or structure may be erected, altered or used and a lot
or premises may be used for any of the following purposes, and for
no other:
(1)
Enclosed storage, distributive, sales and showroom establishment
for building materials.
(2)
Automobiles and automotive equipment and enclosed establishment for
the servicing and repairing of automobiles and other machines; gas
filling station when approved as a special exception by the Town Board;
provided, however, that if a gas filling station or battery and tire-service
station approved pursuant to this section is not in operation within
six months from the date of the approving resolution, the permit therefor
may be revoked by the Town Board at its discretion.
(3)
Restaurant.
(4)
Laundromat and dry-cleaning establishment.
(5)
Place of amusement or public assembly if permitted as a special exception
by the Board of Appeals in the same manner as provided for such uses
in a Business District.
(6)
Store for the sale of goods at retail or performance of customary
personal services, or services clearly incidental to retail sales,
but no fabrication or manufacturing except incidental to and on the
same premises with such retail sale.
(7)
Wholesale store for the sale of goods.
(8)
Offices.
(9)
Accessory uses limited to garages, off-street parking, loading facilities
and service drives.
C.
Accessory parking. Paved off-street parking shall be provided on
the same plot with the building as follows:
(1)
Retail stores: one space for each 250 square feet of floor area.
(2)
Offices: one space for each 400 square feet of floor area or for
each three employees, whichever is greater.
(3)
Wholesale establishments or warehouses: one space for each 2,000
square feet of total floor area or for each five employees, whichever
is greater.
(4)
Restaurants: one space for each 100 square feet of floor area or
for each four employees, whichever is greater.
(5)
Other permitted uses: one space for each 500 square feet of floor
area or for each four employees, whichever is greater.
D.
Loading. Paved loading space shall be provided as follows: At least
one paved loading space shall be provided on the premises for each
5,000 square feet of gross area. Said loading space shall have a width
of at least 12 feet and a gross area of at least 600 square feet,
including access and circulation driveways.
E.
Height. No building shall be greater than two stories, with a maximum
of 40 feet in height.
F.
Building area. The building area shall not exceed 50% of the lot
area.
G.
Front yards.
(1)
The required minimum front yard depth shall be the average of the
front yard depth of existing buildings within 200 feet on each side
of the lot and within the same block, or if there are not at least
two existing buildings within 200 feet on each side of the lot and
within the same block, the required front yard shall be not less than
10 feet. In any case, no front yard shall be required to have a depth
greater than 20 feet.
(2)
In the case of a plot used or intended to be used for a gas filling
station, a front yard of not less than 25 feet shall be required on
each street. No gasoline dispensing pump or the pump island on which
it stands shall be closer than 20 feet to any street line.
H.
Rear yards. There shall be a rear yard, the depth of which shall
be at least 10 feet.
I.
Lot area, width and depth. No building or structure shall be erected
on a lot unless it contains an area of not less than 2,000 square
feet and has a minimum lot width of 20 feet at the front setback line
and has a minimum lot depth of 90 feet.
J.
Floor area ratio. The maximum floor area ratio shall be 1.0.
[Effective 10-5-1981]
A.
In an Urban Renewal Residence Elderly-Handicapped District, buildings
and structures may be erected, altered or used and lots or premises
may be used in accordance with the provisions of this section, and
not otherwise.
B.
A building or structure may be erected, altered or used and a lot
or premises may be used for any of the following purposes, and for
no other: residential housing to be restricted to elderly (senior
citizens) and/or handicapped persons, constructed as multiple dwellings,
garden-type apartments or townhouses, and residential accessory uses
such as parking, residential recreational spaces, and accessory buildings
for maintenance, utility and storage purposes.
C.
Height. No building shall be greater than four stories or 45 feet
in height.
D.
Building area. The building area shall not exceed 40% of the lot
area.
F.
Side yards. There shall be two side yards, one on each side of the
main building, each having a minimum width of at least 20 feet, except
that where there are two or more buildings upon the plot, the minimum
side yard requirement of 20 feet shall apply only along the side property
lines of the entire plot.
G.
Rear yards. There shall be a rear yard, the depth of which shall
be at least 15 feet.
H.
Distance between buildings. The distance between any two main buildings
shall be not less than 20 feet.
I.
Permitted encroachments. Vestibules, chimneys, cornices, eaves, gutters
or bay windows projecting not more than 60 inches are hereby permitted
as encroachments into yard areas.
J.
Accessory buildings.
(1)
Accessory buildings may not occupy more than 15% of the total lot
area.
(2)
The maximum height shall not be more than 20 feet.
(3)
All accessory buildings must comply with the front yard (Subsection E), side yard (Subsection F) and rear yard (Subsection G) requirements of this section. The area occupied by such accessory buildings shall, however, be included in computing the maximum percentage of the lot area which may be built upon.
K.
Parking.
(1)
There shall be provided on the premises parking adequate to accommodate
one automobile for each three dwelling units.
(2)
All open parking facilities provided pursuant to the requirements
of this subsection shall be paved or surfaced in accordance with sound
engineering and construction practices, and each parking space shall
not be less than 10 feet in width by 20 feet in depth and shall be
individually identified by pavement marking. In addition, there shall
be provided a minimum of three feet between the edge limits of those
parking spaces reserved for the handicapped.
(3)
The parking of motor vehicles within 10 feet of any wall that contains
windows with a sill height of less than eight feet above the level
of said parking space shall be prohibited.
(4)
All open surface parking spaces which face any wall containing windows
other than bathroom windows with a sill height of less than eight
feet above the level of the parking space shall be screened by a decorative
wall, fence or thick hedge four feet in height above the average finished
grade of the parking lot, and such screen shall be placed at least
10 feet from such building wall.
L.
Density of population. No multiple-family dwelling authorized as per Subsection B of this section shall be erected or altered to accommodate or make provision for more than 45 dwelling units per acre, as computed on the basis of the acreage of the entire project as included in a single application for a building permit, or more than a proportionate number of dwelling units on any fractional part of an acre. For the purpose of this subsection, a dwelling unit shall be such combination of rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family.
M.
Exterior lighting. All parking areas and walkways shall be provided
with suitable lighting so arranged as to direct light away from adjoining
lots in any residence district and away from any public street.
N.
Screening and buffering. Any maintenance building, storage or parking
area shall be screened for all abutting uses, including public rights-of-way,
and all residential development shall be buffered from storage, parking
or industrial uses by an appropriate combination of setback and screening.
Screening shall consist of a hedge, fence or wall with a minimum height
of four feet, except that within 25 feet of street intersections,
the maximum height shall be 2 1/2 feet. Said setback and screening
shall be sufficient to obscure a storage or parking area or buffer
an industrial use in an effective manner and during all seasons of
the year. The redeveloper shall be responsible for maintaining the
screening in a manner such that it will continue to provide the required
buffer.
O.
Sewage disposal. No multiple-family dwelling authorized as per Subsection B of this section shall be erected, altered or used unless provided with municipal sewage disposal facilities or unless an independent sewerage system or installation approved by the Nassau County Department of Health, where required, is constructed for the sanitary disposal of the sewage of such dwelling.
In an Urban Renewal Residence B District, Urban Renewal Residence
C District and an Urban Renewal Highway Commercial District, the following
regulations shall apply:
A.
Screening. Any storage area or parking area shall be screened from
all abutting uses, including public rights-of-way. Such screening
shall consist of a hedge, fence or wall, with a minimum height of
four feet and a maximum height of six feet, except that within 25
feet of street intersections, the maximum height shall be four feet,
such screening to be sufficient to obscure such area in an effective
manner and during all seasons of the year.
B.
Play space. In any multifamily residential district, there shall
be provided a usable outdoor play space for children, exclusive of
walks, driveways, required yards and parking areas, for each 50 dwelling
units. This area shall be a minimum of 1,000 square feet and shall
be within 400 feet of 80% of the dwelling units.
C.
Parking space for dwelling units. One off-street parking facility
shall be provided on the premises for each dwelling unit. Such parking
space for multifamily units must be paved or in a garage facility
accommodating not more than six cars in one accessory building.
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.
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.
The provisions of § 312A through F are hereby incorporated
by reference as though herein set forth at length, with the further
provision that the provisions thereof are hereby made applicable to
the uses in the Urban Renewal Highway Commercial District, in addition
to the uses now described therein.
