Village of Hempstead, NY Title; Definitions; Zones and Boundaries

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."

Unless otherwise expressly stated, the following words shall, for the purposes of this chapter, have the meanings herein indicated:

ACCESSORY BUILDING

A subordinate building, the use of which is incidental to that of the principal building.

ACCESSORY STRUCTURE

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]

ACCESSORY USE

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.

ADULT ENTERTAINMENT CABARET

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]

ALTERATION

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."

AREA, BUILDING

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.

AREA, HABITABLE FLOOR

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.

BAR

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]

BASEMENT

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.

BOARDINGHOUSE

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]

BUILDING

Any structure having a roof for the shelter, housing or enclosure of persons, animals, chattels or property of any kind.

BUILDING AREA

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]

BUILDING DEPARTMENT, SUPERINTENDENT OF

The person designated by the Board of Trustees to administer the Building Department and enforce the provisions of this chapter.

BUILDING HEIGHT

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]

BUILDING LINE

See "setback line."

BUILDABLE LOTS OR PARCELS

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]

BUILDING, PRINCIPAL

A building in which the primary use of the premises is conducted.

CABARET

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]

CARPORT

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]

CATERING AND EVENTS FACILITY

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]

CELLAR

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.

CLASS A MULTIPLE DWELLING

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]

CLASS B MULTIPLE DWELLING

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]

COMMUNITY RESIDENCE

A facility for mentally disabled persons as defined by the Mental Hygiene Law and the rules and regulations issued thereunder.

CONVERTED DWELLING

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]

COURT

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.

CURB LEVEL

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.

DANCE HALL

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]

DECK

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]

DRIVE-IN RESTAURANT

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]

DRIVEWAY

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]

DWELLING

A building designed or used exclusively as the living quarters for one or more persons.

DWELLING, MULTIPLE

One of the following:

(1)

A building containing three or more dwelling units.

(2)

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.

(3)

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.

(4)

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.

(5)

A building used or occupied as a convalescent, old age or nursing home, but not including private or public hospitals or public institutions.

(6)

A community residence.

(7)

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.

DWELLING, ONE-FAMILY

A building designed for and occupied by one family.

DWELLING, TWO-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.

DWELLING UNIT

A dwelling or portion thereof providing complete living facilities for one family.

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]

FAST-FOOD RESTAURANT

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]

FLOOR AREA RATIO (FAR)

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]

GARAGE, PRIVATE

A building used only for the storage of motor vehicles commonly used for pleasure only, except as otherwise specifically provided in any zone.

GARAGE, PUBLIC

A building used commercially for the storage, repair (excluding body work and painting), rental, greasing, washing, servicing, adjusting or equipping of motor vehicles.

GARDEN-TYPE MAISONETTE DWELLING PROJECT

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]

GASOLINE SERVICE STATION

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.

GRADE

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.

HABITABLE ROOM

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.

HEALTH CLUB

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]

HOME OCCUPATION

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.

JUNKYARD

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]

KITCHENETTE

Space, less than 60 square feet in floor area, used for cooking or preparation of food and not deemed habitable space.

LODGING HOUSE

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]

LOT

Any single parcel of land.

LOT, CORNER

A parcel of land at the junction of and fronting on two or more intersecting streets.

LOT, DEPTH OF

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.

LOT, INTERIOR

A lot other than a corner lot.

LOT, WIDTH OF

The mean dimension of the lot measured at right angles to its depth.

MEANS OF EGRESS

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]

MEZZANINE

An intermediate floor, between the floor and ceiling of any space, which extends over only a part of the floor area next below.

MOTOR VEHICLE

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]

NONCONFORMING USE

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.

PARKING FIELD, BUSINESS

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.

PARKING FIELD, MUNICIPAL

An area, together with means of ingress and egress, owned or leased and operated by the Village and used for the parking of vehicles.

PARKING FIELD, PRIVATE

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.

PLACE OF ASSEMBLY

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.

PLACE OF PUBLIC ASSEMBLY

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

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]

(1)

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

(2)

At least 75% of all customer seats designated for full-service, full-menu dining; and

(3)

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.

RESTAURANT, CARRY-OUT

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]

ROOMING HOUSE

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]

SENIOR CITIZEN

A person 62 years old or more who is in good physical condition and does not require physical assistance.

SETBACK LINE

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.

SPLIT-LEVEL DWELLING

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.

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.

SHEDS

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]

STORY, HALF

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.

STREET LINE

The dividing line between a public or private street and a lot.

SWIMMING POOL

All swimming pools shall be considered an accessory structure.

[Added 4-18-2000 by L.L. No. 4-2000]

TENEMENT

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]

TRANSIENT OCCUPANCY

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]

TWO-STORY BUILDING

A building having not more than two floors and having habitable floor area on the second floor accessible by a permanent stairway.

YARD, FRONT

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.

YARD, REAR

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.

YARD, SIDE

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.

YARD, SIDE, WIDTH OF

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.

[1]

Editor's Note: The Zoning Map is on file in the office of the Village Clerk.