No business shall be conducted outside of a
building, except as accessory to the principal use conducted within
the building. In no event shall any business be conducted through
an opening from the inside of the building or property onto a public
right-of-way so that business may be transacted from the inside of
the building or upon the property with a person upon the public right-of-way.
No lot shall be reduced in area or dimension
and no lot shall be formed unless such reduction or formation is effected
so that the lot or lots, as reduced or formed, and the buildings and
structures thereon, if any, comply in all respects with the requirements
of this chapter.
No building in the rear of any other building
on the same lot shall be used for residence purposes.
[Amended 8-4-1992 by L.L. No. 9-1992; 3-4-2008 by L.L. 3-2008]
In all districts, no tower, aerial, antenna,
satellite dish, water tank, flagpole, cupola, chimney or other similar
structure shall be erected or altered in excess of 30 feet in height.
However, in districts other than residence districts, the height of
any tower, aerial, antenna, satellite dish, water tank, flagpole,
cupola, chimney or other similar structure attached to a building,
when combined with the height of the building to which it is attached,
shall not exceed the maximum height permitted in that particular district.
[Amended 12-4-2007 by L.L. No. 15-2007]
In any residence district, buildings used as
a permitted accessory use to a dwelling are allowed, provided that
same do not exceed two in number, do not exceed 15 feet in height
and occupy in the aggregate no more than 10% of the lot. Unless otherwise
specifically permitted in any particular use district, such structures
shall be located only in a rear yard and shall be at least three feet
distant from each side line and the rear lot line. No part of any
accessory building shall be used for sleeping or living purposes.
No landlord, tenant or other occupant shall
permit or cause to be permitted the use of any outside balcony, terrace,
patio or similar area of any multiple dwelling for cooking or barbecuing
or for the storage of any item other than usual patio or lawn-type
furniture. Notice of the provisions of this section shall be posted
conspicuously in the common areas of the multiple dwelling; except
that this section shall not apply to a cooking area designated as
such by the owner of the building, and provided that same is not attached
to the building and is located at least 20 feet from the building.
A.
In any residence district where a building shall be
erected other than a one-family dwelling, a front yard of at least
20 feet is required, and where such building exceeds 30 feet in height,
the front yard shall be increased by three feet for each additional
six feet or portion thereof by which such building exceeds a height
of 30 feet; except that if there is a special setback line affecting
the premises or if the average alignment or setback of the existing
buildings within 200 feet on each side of the lot would necessitate
a greater front yard setback than above required, then the more restrictive
front yard setback shall prevail. Provided that there are no other
buildings fronting on the street within the block wherein the subject
building, or buildings if part of a single project, fronts, it shall
be sufficient if the average front yard setback shall comply with
the provisions of this article. In no event, however, shall any part
of the building be set back less than 20 feet.
[Amended 3-4-2008 by L.L. 3-2008]
B.
Where a building other than a one-family residence
shall be erected, a side yard is required along each side lot line
of at least 12 feet for a building having a maximum height of 30 feet,
and where such building exceeds 30 feet in height, the width of each
side yard shall be increased by three feet for each six feet or portion
thereof by which such building exceeds a height of 30 feet.
[Amended 3-4-2008 by L.L. 3-2008]
C.
Where a building other than a one-family residence
exceeds 50 feet in depth, irrespective of its height, the width of
each side yard shall likewise be increased two feet in its entire
length for each additional 50 feet of depth or portion thereof.
D.
In any residence district where a building shall be
erected other than a one-family dwelling, there shall be a rear yard
which shall be at least 20 feet in depth for all buildings.
No building shall be constructed in any residence
district, unless there is at least a ten-foot side yard separation
at all points between the proposed building and any other existing
or proposed building except accessory structures, whether or not same
is located on the same lot or in the same ownership. In no event,
however, shall the side yard requirements be less than are set forth
for a particular district.
Required courts or yards shall be open to the
sky and unobstructed except for ordinary projections or parapets,
skylights, window sills, cornices, door posts, rain leaders and ornamental
features which may project not more than six inches into such court
or yard.
Chimneys, fire escapes, outside stairways or
balconies leading to a fire tower may project not more than five feet
into a required rear yard, provided that same shall not be closer
than five feet to the rear line or to any accessory building.
Cornices, eaves and similar projections may
extend over the required front or side yard up to, but not exceeding,
three feet.
A.
In a residence district, bay windows shall not aggregate
in width more than 1/2 the frontage of the building, nor project more
than three feet in front of it.
B.
No projection shall extend beyond the front line of
multiple-dwelling buildings except moulded cornices, sills, pilasters,
and base courses not to exceed four inches.
C.
Where the building sets back 15 feet or more, ornamental
nonsupporting pilasters or columns, entablatures and pediments at
the main entrance doorways may project 18 inches beyond the wall line.
In any district other than a residence district,
side yards shall not be required for buildings used for other than
residence purposes, provided that a fire passage is provided as may
be required in each particular district. However, a side yard may
be used in place of a fire passage, provided that same meets the requirements
of the particular district. As to any building used in any part for
residence purposes and located in any of such districts, the same
side yards shall be required as are prescribed in Residence B Districts.
No wall, fence or structure over four feet in
height shall be erected or altered and no hedge, tree or other growth
over four feet in height shall be planted or maintained on a corner
lot in a residence district nearer the corner than a line connecting
points on each street 15 feet from the corner.
[Amended 6-20-2023 by L.L. No. 2-2023]
A.
Every
one-story dwelling, except as provided in the Residence AAA and Residence
AA Districts, shall contain on the first floor thereof a minimum of
1,000 square feet of livable floor area. Such area shall be calculated
to include the thickness of all exterior walls, and there shall be
excluded therefrom any unenclosed extensions and attached garages.
B.
Every
dwelling shall have a maximum floor area ratio (FAR) of 40% of the
lot size.
C.
Basements
and accessory structures shall not be included in the FAR.
[Amended 6-20-2023 by L.L. No. 2-2023]
A.
Every
two-story dwelling, including split-level dwellings, shall contain
a minimum of 1,500 square feet of livable floor area, and in no case
shall there be less than 500 square feet of livable floor area on
the second floor. Such area shall be calculated to include the thickness
of all exterior walls, and there shall be excluded therefrom any unenclosed
extensions and attached garages.
B.
Every
dwelling shall have a maximum floor area ratio (FAR) of 40% of the
lot size.
C.
Basements
and accessory structures shall not be included in the FAR.
In any district other than a residence district, no building shall be erected on the same lot in front of or in the rear of any existing frame building, except that one accessory building meeting the requirements of § 139-18 shall be permitted if used solely for noncommercial purposes.
Any building used for commercial purposes and
located on a lot which abuts a municipal parking field shall be so
designed and constructed as to provide an entrance and all necessary
facilities for loading and unloading of supplies and merchandise from
the municipal parking field, and any loading and unloading shall thereafter
be prohibited through any other entrance facing the public street.
B.
No dwelling shall contain more than one kitchen for
each family legally occupying the same. Upon obtaining the appropriate
permit, however, in a single-family dwelling wherein there is a recreation
room in the basement, separate cooking facilities in the basement
for use accessory to such recreation room use shall be permitted,
provided that the owner of said single-family dwelling shall make
written application, under oath, to the Superintendent of the Building
Department, agreeing that such facilities shall be used only in conjunction
with and accessory to the recreation room use, that said recreation
room will not at any time be used for sleeping quarters, and that
the dwelling shall be used solely for single-family residential purposes.
Any violation thereof may result in a revocation of such permit.
C.
In a single-family dwelling wherein the cooking facilities
in the kitchen are fueled by electrical energy, the Superintendent
of the Building Department may issue a permit for the installation
of a gas range in the basement, provided that the owner of the dwelling
makes written application, under oath, agreeing that such gas range
shall be used only during such time that the supply of electrical
energy to the dwelling is temporarily unavailable. Any violation thereof
may result in a revocation of such permit.
D.
The Superintendent of the Building Department is authorized
to promulgate such rules and regulations necessary to ascertain whether
or not the requirements of this section are being met.
E.
In all other cases, application for additional cooking
facilities shall be made to the Board of Zoning Appeals.
A.
Fences in front yards; residence districts. No fence
or similar structure higher than four feet shall be erected in any
front yard.
B.
Fences in side yards; residence districts. No fence
or similar structure higher than four feet shall be erected in any
side yard, except that a fence six feet in height may be erected in
any side yard if such fence is 40 or more feet distant from the front
property line. On any side yard line which is a boundary line between
a residence district and a commercial district, a fence, not exceeding
six feet in height, may be erected on such boundary line from the
rear yard line to the front yard building setback line of the abutting
commercial district.
C.
Fences in rear yards; residence districts. No fence
or similar structure higher than six feet shall be erected in any
rear yard.
D.
Corner lots. For purposes of the erection of fences
or similar structures, corner lots shall be interpreted as having
two front yard lines and two side yard lines.
E.
Fences in commercial districts. Fences in commercial
districts shall be of the chain-link type and shall not exceed six
feet in height. Where the side or rear yard line of any lot hereafter
used for commercial purposes is the boundary line between a commercial
and a residence district, a chain link fence, six feet in height,
shall be erected and maintained along such boundary lines, and such
fence shall contain appropriate inserts placed and maintained so that
vehicular lights will be obstructed and precluded from shining onto
the property located in the residence district. Any fence erected
pursuant to this subdivision shall conform to the building setback
requirements on each street frontage.
F.
Permits. A permit shall be obtained prior to the erection
of any fence or similar structure.
G.
Barbed wire. The use of barbed wire is prohibited
in all residence districts. In nonresidence districts, barbed wire
may be used on top of chain link fences, provided that the lowest
strand on such barbed wire is at least six feet four inches above
grade, no more than three strands of barbed wire are utilized and
such strands of barbed wire do not extend more than one vertical foot
and one horizontal foot above and beyond the fence.
[Amended 11-19-1991 by L.L. No. 18-1991]
The Incorporated Village of Hempstead and its
agencies may use any property within the Village for any purpose and
without any of the use, area or other restrictions imposed by this
Code.
Residence use in any commercial district is
prohibited, except living quarters as may be necessary for caretakers
or watchmen employed in the premises, as same may be permitted pursuant
to the Village Building Code.
A.
No one- or two-family dwellings shall be constructed
or altered so as to provide a greater habitable area, unless parking
is provided upon the premises. Such parking shall consist of a minimum
of one space at least 8 1/2 x 20 feet in size, for each family
occupying the premises.
B.
No parking shall be permitted in the front yard, side
or rear yard of any one-or two-family dwelling, whether previously
existing or hereafter constructed, except upon a single paved driveway
not exceeding 20 feet in width.
[Amended 9-1-2015 by L.L.
No. 3-2015]
C.
The parking or storage of boats, trailers, mobile
homes motor homes or any other items not customarily accessory to
a one- or two-family dwelling is hereby prohibited upon the front
yard of the premises.
A.
The use, occupancy and establishment of mobile homes
trailers and trailer courts is prohibited. However, the Superintendent
of the Building Department may grant a permit, upon proper application,
for the temporary installation and use of a mobile home or trailer
wherein the dwelling previously existing upon the premises has been
damaged due to fire or other cause and the damaged structure is in
the process of replacement or repair. The duration of the original
permit shall not exceed 90 days, but may be extended at the discretion
of the Superintendent of the Building Department.
B.
Said mobile home or trailer shall be occupied by no
person or persons other than the inhabitants of said dwelling which
is in the process of replacement or repair.
A.
In all residence districts other than Residence C
Districts, no commercial vehicle shall be parked or stored or be permitted
to be parked or stored out of doors.
B.
The above provisions shall not prohibit the parking
of any commercial vehicle in said residence districts during the usual
course of business, for the purposes of making deliveries of merchandise
or providing services to the owner or occupant of the premises.
The parking of motor vehicles for any reason
upon a front yard setback area of any plot containing a multiple dwelling
is hereby prohibited. Except that in Residence E, Residence E-1, Residence
F and Residence G Districts, the above prohibitions shall be limited
to the area located in front of the front elevation of each building.
The front elevation of the building shall be determined by the location
of the main entrance to the building which faces a public street.
[Amended 4-17-1984 by L.L. No. 4-1984; 3-18-1986 by L.L. No.
4-1986; 10-1-1991 by L.L. No. 16-1991]
A.
In any district, except as otherwise provided, no
new building shall be constructed for retail business or office use
unless off-street parking is provided on the premises. One parking
space shall be required for each 250 square feet of floor area.
B.
No building shall hereafter be constructed or altered
for use as a place of public assembly or assembly unless off-street
parking is provided on the premises. One parking space shall be required
for each three seats or 200 square feet of total assembly floor area
open to the public, whichever is greater.
C.
Each parking space, exclusive of access area, shall
not be less than 8 1/2 feet in width by 20 feet in length and
shall be graded, paved, marked and provided with adequate access consisting
of a travel lane or travel lanes having a minimum of 20 feet each
and dry wells for drainage purposes, all in accordance with requirements
of the Incorporated Village of Hempstead.
A.
Compliance required. It shall be unlawful to construct,
install, enlarge, alter and thereafter maintain any swimming pools
except in compliance with the provisions of this section. Swimming
pools may be installed in any district only as an accessory to a dwelling
for the private use of the owners or occupants of such dwelling and
their families and guests, or as an accessory to a nursery school
or day camp for children.
B.
SWIMMING POOL or POOL
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A receptacle for water, or an artificial pool of water, having
a depth at any point of more than 24 inches, intended for the purpose
of immersion or partial immersion therein of human beings, and including
all appurtenant equipment.
[Amended 6-15-2010 by L.L. No. 13-2010]
C.
Permit required. It shall be unlawful to proceed with
the construction, installation, enlargement or alteration of any swimming
pool and appurtenances unless a permit therefor shall have first been
obtained from the Superintendent of the Building Department. The permit
fee shall be determined in accordance with Building Department Fee
Schedule.
D.
Prerequisites to issuance of permit.
(1)
No permit shall be granted for the construction, installation,
enlargement or alteration of any swimming pool, unless the plans thereafter
meet the minimum Village of Hempstead Building Department construction
requirements, which may include at the discretion of the Building
Department a certificate issued by a professional engineer licensed
by the State of New York that the drainage of such pool is adequate
and will not interfere with the public water supply system, with existing
sanitary facilities or with the public highways.
(2)
No pool shall be constructed, enlarged or altered
except of materials having adequate strength to retain the water contained
therein. Swimming pools shall be designed in accordance with sound
engineering practice. The applicant may be required to furnish complete
plans, data and specifications to enable the Building Department to
evaluate the structure. An inspection certification shall be required
by either the pool manufacturer or a New York State licensed engineer
or architect for compliance to all Village of Hempstead ordinances,
manufacturer specifications, and New York State Building Codes relating
to pool construction and installation, accessory devices, appurtenances
and barrier protection. The certification should be in the form of
a notarized, stamped and sealed letter attesting to the installation
and construction of the pool.
[Amended 6-15-2010 by L.L. No. 13-2010]
E.
Location. An outdoor swimming pool or one constructed
in any accessory building shall be installed only in the rear yard
of the premises.
F.
Setback requirements. No part of any swimming pool,
including appurtenant equipment, shall be erected or maintained closer
than four feet to the rear and side property lines of the premises
or, in the case of a corner lot, closer than 10 feet to any property
line along an abutting street.
G.
Area limited. A swimming pool shall not occupy more
than 40% of the area of the rear yard, excluding all garages or other
accessory structures located in such area.
H.
Cross-connections. If the water for such swimming
pool is supplied from a private well, there shall be no cross-connection
with the public water supply system. Any connection to the public
water supply will require a cross-connection device in compliance
with Section 608 of the Plumbing Code of New York State and Section
2902 of the Residential Code.
[Amended 6-15-2010 by L.L. No. 13-2010]
I.
Location of inlet. If the water for such swimming
pool is supplied from the public water supply system, the inlet shall
be above the overflow level of the pool.
J.
Chemical treatment. Each swimming pool shall be chemically
treated in a manner sufficient to maintain the bacterial standards
established by the State of New York as to public swimming pools.
K.
Fences/barrier. Any outdoor swimming pool shall be
completely enclosed by a fence/barrier. Each fence/barrier opening
or point of entry into the pool area enclosure shall be equipped with
gates. The fence/barrier and gates shall not be less than four feet
in height above the grade level and shall be constructed of a minimum
No. 9 gauge woven wire mesh corrosion-resistant material or good quality
milled wood stockade material. Each gate shall be equipped with a
self-closing and self-latching device placed at the top of the gate.
Fence posts shall be constructed of galvanized steel or similar material
and shall be set in concrete bases at least two feet below grade.
The space between the bottom of the fence/barrier and the ground cannot
exceed two inches. The spacing between vertical members cannot exceed
1.75 inches, spacing within any decorative cutouts in vertical members
cannot exceed 1.75 inches, and the mesh size cannot exceed 2.25 square
inches. Fences in excess of four feet in height shall have posts imbedded
to a depth of at least 2 1/2 feet below grade. Fence posts shall be
required at intervals of not more than 10 feet.
[Amended 6-15-2010 by L.L. No. 13-2010]
L.
Loudspeakers and lights. No loudspeaker device which
may be heard beyond the property lines of the premises on which any
swimming pool has been installed may be operated in connection with
such pool, nor may any lighting be installed in connection therewith
which illuminates any area beyond such property lines.
M.
Water disposal. Water overflowing, drained or otherwise
removed from the swimming pool shall be disposed of on the real property
of the owner and be restrained from flowing onto the property of any
adjoining property owner and the public right-of-way.
N.
Pool alarms/covers.
Pool alarms shall be installed in accordance with the New York State
code, inclusive of pool covers and auto power safety covers, for every
pool that was installed, constructed or substantially modified after
December 14, 2006. All pool safety covers must comply with ASTM F1346,
entitled "Standard Performance Specification for Safety Covers and
Labeling Requirements for All Covers for Swimming Pools, Spas and
Hot Tubs." Pool alarms must comply with ASTM F2208 and be capable
of detecting a child entering the water.
[Added 6-15-2010 by L.L. No. 13-2010]
O.
Anti-entrapment
protection for swimming pool and spa suction outlets. Anti-entrapment
protection and suction outlet protection shall be required throughout
the pool and spa in accordance with Section 3109.5 of the New York
State Building Code and ASME/ANSI A112.19.8M and A112.19.17.
[Added 6-15-2010 by L.L. No. 13-2010]
Special building setback lines as set forth in Appendix B of this chapter shall prevail, where applicable.[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
[Added 4-18-2000 by L.L. No. 4-2000]
A.
In every Class B multiple dwelling, community residence,
homeless shelter, halfway house and group family day-care center to
which this chapter is applicable there shall be from each at least
two independent means of egress accessible to each room, apartment
or suite, except with respect to a one-story transient building.
[Amended 1-21-2020 by L.L. No. 1-2020]
B.
The first means of egress shall be an enclosed stair
extending directly to a street, or to a yard, court or passageway
affording continuous, safe and unobstructed access to a street, or
by an enclosed stair leading to the entrance story, which story shall
have direct access to a street. That area of the dwelling immediately
above the street level and commonly known as the "main floor," where
the occupants are registered and the usual business of the dwelling
is conducted, shall be considered a part of the entrance story; and
a required stair terminating at such main floor or its mezzanine shall
be deemed to terminate at the entrance story. An elevator or an unenclosed
escalator shall not be acceptable as a required means of egress.
C.
The second means of egress shall be by an additional enclosed stair, conforming to the provisions of Subsection B of this section, a fire-stair or an outside fire escape. In a nonfireproof dwelling, when it is necessary to pass through a stair enclosure which may or may not be a required means of egress to reach a required means of egress, such stair enclosure and that part of the public hall or corridor leading thereto from a room, apartment or suite shall be fire-retarded or protected by a sprinkler system; in a fireproof dwelling only that part of the hall or corridor leading to such stair enclosure need be so protected.
D.
Where it is impractical in such existing Class B multiple
dwellings, community residences, homeless shelters, halfway houses
and group family day-care centers to provide a second means of egress,
the Department may order, in lieu of the second means of egress, additional
alteration to the first means of egress and to shafts, stairs and
other vertical openings as the Department may deem necessary to safeguard
the occupants of the dwelling, may require the public halls providing
access to the first means of egress to be equipped on each story with
an automatic sprinkler system and, in nonfireproof dwellings, may
also require automatic sprinkler heads in the stair which serves as
the only means of egress.
[Amended 1-21-2020 by L.L. No. 1-2020]
E.
Nothing in this section shall be deemed to require
the enclosure of a stair which is ornamental, provided that such stair
does not connect more than two stories.
G.
A fire-detecting system shall not be acceptable for
any of the requirements of this section.
[Added 3-18-2008 by L.L. No. 5-2008]
A stormwater pollution prevention plan consistent with the requirements of Article I and II of Chapter 9E shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 9E. The approved site plan shall be consistent with the provisions of Chapter 9E.
[Added 3-15-2016 by L.L.
No. 2-2016]
Any project that falls within the mandates of New York General
Municipal Law Article 16-A shall comply with the Long Island Workforce
Housing Act of the New York General Municipal Law.
