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Village of Hempstead, NY
Nassau County
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Table of Contents
Table of Contents
In a Residence AAA District, the following uses are permitted:
A. 
Single-family detached dwellings.
B. 
Public and parochial schools, churches and similar places of worship, parish houses, convents, libraries, colleges or universities recognized by the State of New York as such.
C. 
Accessory private garages. Not more than three vehicles shall be permitted to be garaged therein. One commercial vehicle only of not more than one-ton rated capacity shall be permitted to be garaged upon the premises, provided that said commercial vehicle shall be owned by or be under the dominion and control of an occupant of the premises. Every such garage shall be at least three feet from a rear lot line and at least three feet from each side lot line, except that if within 50 feet of any street line such garage shall be distant at least five feet from every side lot line.
[Amended 12-4-2007 by L.L. No. 15-2007]
D. 
Accessory carports.
[Added 12-4-1990 by L.L. No. 17-1990[1]]
(1) 
Not more than two vehicles shall be permitted in a carport. Each such carport shall be at least three feet from a rear lot line and at least three feet from each side lot line, except that within 50 feet of any street line, such carport shall be distant at least five feet from every side lot line.
[Amended 12-4-2007 by L.L. No. 15-2007]
(2) 
No storage within or enclosure, whether by screens, walls or windows, of any carport shall be permitted. The entire area under a carport shall be paved, and such paved area shall be part of a driveway meeting the requirements of Chapters 50, 78 and 116 of this Code.
[1]
Editor's Note: This local law also redesignated former Subsection D as Subsection E.
E. 
Accessory use on the same lot.
(1) 
This shall be understood to include only the professional office or studio of a doctor, dentist, artist, architect, engineer, musician, accountant or attorney at law, provided that the office, studio or occupational room of such professional person shall be located in the same dwelling unit in which the practitioner is domiciled. Such use shall be incidental to the residential use, shall be confined to the ground floor of the building and shall occupy not more than 20% of the total livable floor area of the dwelling unit, provided that no such professional area shall exceed 400 square feet. Further, the number of persons (including such professional person, his associates, assistants and employees) engaged in such professional activities shall not exceed three persons, there shall be no confinement of any person under care or treatment, and there shall be no display of goods or advertising other than a sign not larger than 6 inches by 12 inches, bearing only the name and profession (words only) of the practitioner.
[Amended 6-7-1988 by L.L. No. 6-1988]
(2) 
The ground floor of a building does not include the cellar of such building.
[Added 4-18-2000 by L.L. No. 4-2000]
(3) 
Accessory use shall be understood to be inapplicable to Class B multiple dwellings, community residences, homeless shelters, halfway houses and group family day-care centers.
[Added 4-18-2000 by L.L. No. 4-2000; amended 1-21-2020 by L.L. No. 1-2020]
[Added 4-18-2000 by L.L. No. 4-2000]
In a Residence AAA District, the following uses are prohibited:
A. 
Class B multiple dwellings.
[Amended 1-21-2020 by L.L. No. 1-2020]
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, concerning lodging houses, was repealed 1-21-2020 by L.L. No. 1-2020.
C. 
Community residences.
D. 
Homeless shelters.
E. 
Halfway houses.
F. 
Group family day-care centers.
[Amended 3-4-2008 by L.L. 3-2008]
No dwelling shall be greater than 2 stories or 30 feet in height.
The building area shall not exceed 30% of the lot area.
[Amended 6-20-2023 by L.L. No. 2-2023]
A. 
Every one-story dwelling shall contain a minimum of 1,200 square feet of habitable floor area.
B. 
Every dwelling shall have a maximum floor area ratio of 40%.
C. 
Basements and accessory structures shall not be included in the FAR.
No story of any building shall be nearer to the street line on which it faces than the average alignment or setback of the existing buildings within 200 feet on each side of the lot and within the same block. Wherever the setback of a building is not determined by the foregoing provisions of this section, there shall be a front yard, the depth of which shall be at least 25 feet from the street line.
In case of a corner lot, a front yard shall be required on each street on which the lot abuts.
A. 
No dwelling less than two stories in height shall be erected having a frontage of less than 100 feet upon a public street, and such one-hundred-foot width shall continue for a depth of 100 feet or to the rear line of the dwelling, whichever is greater.
B. 
No two-story dwelling shall be erected upon a plot having a frontage of less than 75 feet upon a public street, and such seventy-five-foot width shall continue for a depth of 100 feet or to the rear line of the dwelling, whichever is greater, except that where a plot in single and separate ownership on, and continuing since, June 4, 1940, has a frontage upon a public street of not less than 40 feet, one detached dwelling may be erected thereon, provided that all other requirements of this Code of Ordinances have been fulfilled. A certified title report issued by a recognized title company and a current survey certified by a duly licensed surveyor demonstrating such single and separate ownership shall be submitted to the Superintendent of the Building Department, prior to the issuance of a building permit.
A side yard is required along each side lot line. In case of a single-family dwelling one story in height, the aggregate width of both side yards shall be at least 25 feet, and no side yard shall be less than 10 feet in width. For other single-family dwellings over one story in height, the minimum requirements for the sum of the width of both side yards shall be at least 15 feet, and no side yard shall be less than five feet wide at any story level, except that a chimney not more than two feet deep may encroach on any side yard.
A. 
The depth of a rear yard for a lot 100 feet deep shall be at least 20 feet.
B. 
Where a lot is more than 100 feet deep, 1/4 of the additional depth shall be added to the required rear yard depth. Where a lot is less than 100 feet deep, 1/2 of the difference between the actual depth of the lot and 100 feet shall be subtracted from the required depth of the rear yard; provided, however, that no part of any rear yard shall be less than 10 feet in depth.
A. 
No two-story dwelling shall hereafter be erected on a plot less than 7,500 square feet in area.
B. 
No one-story dwelling shall hereafter be erected on a plot less than 10,000 square feet in area.