This chapter shall be known and may be cited
as the "Building Zone Law of the Village of Hewlett Neck."
A.Â
Words used in the present tense include the future,
the singular number includes the plural and the plural number includes
the singular.
B.Â
ACCESSORY BUILDING
ACCESSORY USE
ALTERATION
BUILDING
(1)Â
(2)Â
BUILDING AREA
BUILDING HEIGHT
BUILDING LINE, FRONT
BUILDING LINE, REAR
BUILDING LINE, SIDE
CORNER LOT
DWELLING
FAMILY
(1)Â
(a)Â
(b)Â
[1]Â
[2]Â
[a]Â
[b]Â
[c]Â
[d]Â
[i]Â
[ii]Â
[iii]Â
[iv]Â
[v]Â
[vi]Â
[e]Â
(2)Â
FENCE
FENCE, LIVING
GARAGE, PRIVATE
GARAGE, PUBLIC
GROSS FLOOR AREA
GROUND, MEAN LEVEL OF
HEIGHT OF A FENCE
HEIGHT/SETBACK RATIO
IMPERVIOUS SURFACE
LOT
LOT WIDTH
RECREATIONAL FACILITY
SCHOOL
SPORTS COURT
STORY
STORY, HALF
STREET
STREET FRONTAGE
(1)Â
(2)Â
STREET FRONTAGE, MINIMUM
STREET LINE
STRUCTURE
TENNIS COURT
TRANSIENT RENTAL
USE
WALL
YARD
YARD, FRONT
YARD, REAR
(1)Â
(2)Â
(3)Â
(4)Â
YARD, REQUIRED
YARD, SIDE
(1)Â
(2)Â
(3)Â
(4)Â
Certain words in this chapter are defined for the
purpose thereof as follows:
Includes every building devoted solely to an accessory use.
It does not include any portion of the main or principal building
which is devoted to an accessory use. If such a building or use is
not located on the same lot as that of the building or use to which
it is accessory, it is not an accessory building or use and must comply
with the regulations applicable to a principal building or use.
Includes every use customarily incident to the principal
building or use, and includes all of the uses specified as accessory
elsewhere in this chapter. If such a use is not located on the same
lot as that of the building or use to which it is accessory, it is
not an accessory use and must comply with the regulations applicable
to a principal building or use.
Any change or rearrangement in the structural parts or exterior
wall or framework of existing facilities. It includes any enlargement,
whether by extending any side, front or rear building line, or by
increasing any height or by moving from one location or position to
another. It also includes the enclosure of a space previously open,
such as the enclosure of an open porch or patio or the construction
of a roof over it.
[Amended 11-6-1978 by L.L. No. 1-1978; 1-5-1998 by L.L. No. 1-1998; 3-1-1999 by L.L. No. 5-1999; 12-3-2012 by L.L. No. 1-2012]
Any structure or combination of structures above
or below the surface of the ground, except a fence six feet or less
in height. It includes a swimming pool, a wall or fence more than
six feet in height and a combined wall and fence whose total height
is more than six feet in height. It includes a part of a building
or an extension of or addition to a building.
A shed shall not be a building within the meaning
of this chapter if such shed:
The area determined by measuring around the exterior of the
foundation walls or foundation structure of the building, and includes
the floor area of all porches, whether enclosed or not.
For principal buildings, the vertical distance measured from
the mean level of the existing undisturbed ground or finished grade
along the proposed foundation of the building, whichever is more restrictive,
to a point halfway between the eaves and the peak of the highest gable
for pitched roofs, or to the highest point of the roof surface for
all other roofs. In order to qualify as a pitched roof, the roof must
have a slope of at least four feet vertically for every 12 feet horizontally.
For accessory structures, building height shall be the vertical distance
measured from the mean level of the existing undisturbed ground or
finished grade along the proposed foundation of the building, whichever
is more restrictive, to the highest point of the roof surface.
[Amended 11-3-2003 by L.L. No. 2-2003; 6-1-2009 by L.L. No.
1-2009]
A line across the full width of the lot running parallel
with the street line, as nearly as may be, and passing through the
wall of the principal building nearest the street. It is not necessarily
the front of the building, nor does it necessarily contain the main
entrance to the building.
A line across the full width of a lot running parallel with
the rear line of the lot, as nearly as may be, and passing through
the wall of the principal building nearest the rear line of the lot.
In the case of a lot which adjoins two or more streets which do not
intersect, there is ordinarily no rear building line.
A line running from the front building line to the rear building
line (or in case there is no rear building line, running from one
front building line to the other front building line) on each side
of the lot passing through the side wall of the principal building.
A parcel of land at the junction of two or more intersecting
streets. All of such street lines shall be considered to be front
property lines of the lot.
[Amended 1-28-2019 by L.L. No. 1-2019]
A place of abode which includes sleeping, cooking and sanitary
facilities. It does not include a travel-trailer used or designed
to be used in connection with a motor vehicle.
[Amended 1-5-1998 by L.L. No. 1-1998]
[Amended 1-5-1998 by L.L. No. 1-1998; 12-3-2012 by L.L. No.
1-2012]
The following shall constitute a family hereunder:
One, two or three persons occupying a dwelling unit; or
Four or more persons occupying a dwelling unit and living together
as a traditional family or the functional equivalent of a traditional
family.
Four or more persons living in a single dwelling unit who are
not related by blood, marriage or legal custody shall create a rebuttable
presumption that such persons do not constitute the functional equivalent
of a traditional family.
The foregoing presumption may be rebutted by submitting evidence
to the Building Inspector that the following are present:
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit;
The occupants share the entire dwelling unit and live and cook
together as a single housekeeping unit. A unit in which various occupants
act as separate roomers is not deemed to be occupied by the functional
equivalent of a traditional family;
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses;
The group is permanent and stable. Evidence for such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in local schools;
Members of the household have the same address for purposes
of voter registration, driver's license, motor vehicle registration
and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units;
There is common ownership of furniture and appliances among
the members of the household; and
The group is not transient or temporary in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
An appeal from the Building Inspector's determination must be
taken to the Zoning Board of Appeals, by written request, within 60
days of such determination.
Any structure, at least 20 feet in length, regardless of
composition, except living fences, that is erected or maintained for
the purpose of enclosing a piece of land or to divide a piece of land
into distinct portions.
[Added 1-5-1998 by L.L. No. 1-1998]
Any fence or hedge composed of live materials.
[Added 1-5-1998 by L.L. No. 1-1998]
A building used for the storage of one or more automobiles
owned and used by the owner or tenant of the lot on which it is erected,
for a purpose accessory to the use of the lot.
A building, other than a private garage, one or more stories
in height, used for the storage, servicing or repair of automobiles.[1]
The sum of the horizontal areas of the floors in each story
of a building or buildings measured from the exterior of the outside
walls of such building or buildings without exclusion of any areas
on the floors being measured whatsoever (i.e., attached garages, closets,
bathrooms and stairwells), except that basements and cellars shall
be excluded. For half-stories, horizontal areas where the vertical
distance between the floor beams and the ceiling or the roof structures
next above is less than 7Â 1/2 feet shall also be excluded. Further,
for horizontal areas where the floor-to-ceiling height is 14 feet
or greater, twice the horizontal areas shall be included.
[Added 11-3-2003 by L.L. No. 2-2003]
The average elevation of the ground level measured along
the entire foundation and not the mean between the highest and lowest
points.
[Added 11-3-2003 by L.L. No. 2-2003]
The distance measured from the existing grade to the top
of a fence.
[Added 1-5-1998 by L.L. No. 1-1998]
A theoretical inclined plane through which no portion of
a principal building, other than minor architectural features consisting
of chimneys, skylights, dormer windows and cupolas not covering more
than 10% of the entire roof area and cornices, eaves, gutters and
flues projecting not more than 18 inches, shall penetrate. The ratio
begins at the ground level of a lot line and rises over the zoning
lot at a ratio of vertical distance to horizontal distance as set
forth in this chapter. A graphic illustration of the use of height/setback
ratio follows:
[Added 11-3-2003 by L.L. No. 2-2003;
amended 6-1-2009 by L.L. No. 1-2009]
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All buildings, as defined in this chapter, as well as all
areas on the ground or elevated above the ground which are comprised
of materials which are designed to prohibit the flow of water, such
as asphalt, concrete, masonry or wood.
[Added 11-3-2003 by L.L. No. 2-2003]
A parcel of land occupied or designed to be occupied by one
main building or use and the accessory buildings or uses customarily
incident to it, including such open spaces as are arranged or designed
to be used in connection with such building or use. It includes the
word "plot." A lot may or may not be the land shown as a separate
parcel on a duly filed map, tax map or developer's diagram. All adjoining
parcels of property, now or hereafter held in common ownership, regardless
of the nature of the constituent parcels or the date, source or manner
acquisition, shall be deemed merged into a single lot and shall be
subject to the provisions of this chapter to the same effect as if
they had constituted a single lot at the date this chapter was adopted.
The distance between side lot lines taken at the front yard
or building line and measured at right angles to the side lot lines
or along a line parallel to the street.
[Added 9-6-2005 by L.L. No. 3-2005;
amended 2-6-2006 by L.L. No. 1-2006]
Any basketball court or any similar facility used for recreational
purposes.[2]
[Added 6-7-1993 by L.L. No. 1-1993;
amended 1-5-1998 by L.L. No. 1-1998]
An institution of learning chartered by the State Board of
Regents. It does not include a day camp, a summer camp or recreational
or athletic institution, organization, conservatory, group or center;
it does not include an institution, organization, group or center,
whether operated or managed by one or more persons, of which the principal
object or one of the principal objects is physical education, teaching
of dancing, singing, dramatics, music, playing of musical instruments,
calisthenics, typewriting, stenography, dressmaking, designing or
millinery or the giving of instruction in beauty parlor operation,
business courses or instruction of a similar nature.
Any outdoor surface, feature, or element, whether pervious,
impervious, or a combination thereof, in excess of 100 square feet,
in the aggregate, including formed ice, other than grass or other
landscaping, which is designed or used, or is intended or susceptible
of use, for the playing of hockey, pickleball or any other game or
games, sport or sports, or hobbies, except where such court is used
solely for basketball or tennis. The term shall not include swimming
pools or driveways.
[Added 3-16-2023 by L.L. No. 2-2023]
That part of a building between any floor and the floor or
roof above. In computing the number of stories, any story, the ceiling
of which is more than seven feet above the mean ground level along
the foundation of the building, shall be deemed the first story.
An uppermost story with at least two opposite exterior sides
extending not more than two feet above the surface of the floor of
such half story, which sides meet a sloping roof.
[Added 11-3-2003 by L.L. No. 2-2003]
Includes a public or private road, avenue, lane, alley or
parking place and any private driveway used by or giving access to
more than two lots and also any and all proposed streets, highways,
roads, avenues or parking places shown on any Official Map or Master
Plan of the Village, or any amendment or modification thereof now
in force or hereafter adopted by the Planning Board or the Board of
Trustees of the Village of Hewlett Neck.
The length of the street line as hereinbefore defined, with
the following exceptions:
In the case of a lot, other than a corner lot,
adjoining more than one street, the owner may elect which street shall
be used for computing street frontage, and the frontage on the other
street shall be disregarded.
Where the street line is concave, convex, irregular
or broken, the owner may elect that the street frontage shall be the
sum of the distances from a point in the street line to the side lines
of the lot measured at right angles to each of such side lines, respectively.
The minimum distance measured at the street line required
by the regulations herein established for such district, with the
additional requirement that such minimum distance shall be maintained
throughout the depth of the required front yard.
[Amended 9-6-2005 by L.L. No. 3-2005; 2-6-2006 by L.L. No. 1-2006]
The dividing line between the lot and the side line of a
street. Where the lot adjoins a public street, it is ordinarily the
property line. It is not the curbline, unless the curb runs along
the property line.
Anything constructed or erected which requires location on
or in the ground or which is attached to something located on or in
the ground, including, but not limited to, a building, garage, dwelling,
tennis court, swimming pool, beach house, platform, wall, shed, shelter,
dock, sign, recreational facility, sports court or fence in excess
of six feet in height. A structure defined under this section shall
not include a fence of six feet or less in height and shall not include
up to two entry piers, provided that such piers have a footprint of
no greater than a total of four square feet each and have no dimension
that exceeds three feet and neither width nor length of each pier
exceeds three feet and such pier height will not exceed three feet
above the existing grade, excluding any light fixture.
[Added 4-9-2007 by L.L. No. 4-2007;
amended 12-3-2012 by L.L. No. 1-2012; 3-16-2023 by L.L. No. 2-2023]
The entire surface, both inside and outside, of any marked
court area where the game of tennis is played, and shall also include
the central net and any adjacent fencing, walls, screening or other
surface which limits the movement of tennis balls.
[Added 1-5-1998 by L.L. No. 1-1998]
A building or structure, where lodging is provided to one
or more persons for 90 days or less, including tourist houses, rooming
houses, lodging houses, and retreat houses or centers.
[Added 12-3-2012 by L.L. No. 1-2012]
Includes both the purposes for which a building or lot is
or may be devoted and the building or lot itself.
A wall of a building is the exterior bearing wall or structure
supporting any part of the building extending more than two feet above
or more than three feet below the ground level. An exterior chimney
is deemed part of a wall whether or not it supports any other part
of the building or structure.
An open, unoccupied space on the same lot as the principal
building or use, which is and must be open and unobstructed from the
ground to the sky, except by trees, shrubbery, telephone or electric
light wires and poles, hedges, retaining walls and fences five feet
or less in height.
A yard on the same lot as the principal building or use,
situated between the front line of the lot and the front building
line.
[Amended 1-28-2019 by L.L. No. 1-2019]
A yard on the same lot as the principal building or use, situated
between the rear property line of the lot and the rear building line.
On every lot, there shall be one rear yard.
On a corner lot, the rear yard shall be on the side adjoining
the interior lot that is opposite the street line having the lesser
length.
Where the street line length for each street line is equal,
the side yard shall be on the side of the building immediately adjoining
the front wall of the house. The front wall of the house is the wall
containing the front yard access to the building. The remaining interior
yard shall be the rear yard.
The portion of the yard lying within the minimum limits provided
by this chapter for the district in which the lot is situated.
[Amended 1-28-2019 by L.L. No. 1-2019]
A yard on the same lot as the principal building, situated between
the side line of the lot and the side building line and bounded by
the front and rear building lines.
On every interior lot, there shall be two side yards.
On a corner lot, there shall be one side yard. The side yard
shall be on the side adjoining the interior lot opposite the street
line having the greater length.
Where the street line length for each street line is equal,
the side yard shall be on the side of the building immediately adjoining
the front wall of the house. The front wall of the house is the wall
containing the front yard access to the building. The remaining interior
yard shall be a rear yard.
