Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of North Hempstead, NY
Nassau County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (9) Index
The provisions of this article shall apply in a Residence AA District.
A building may be erected, altered or used and a lot or premises may be used for any of the purposes set forth in this article and for no other:
A. 
All permitted uses set forth in Article II applicable to R-AAA Districts.
B. 
A regularly organized institution of learning approved by the State Board of Regents and supported by public funds.
C. 
A public library, public art gallery, public museum, municipal or volunteer firehouse, municipal park for recreation use or railway passenger station.
D. 
Parish house or parochial school.
E. 
Other accessory building or structure conforming to the provisions of Article XI.
F. 
Outdoor pool, as set forth in § 70-102.
[Added 4-28-1987 by L.L. No. 10-1987]
[Amended 8-12-1980 by L.L. No. 10-1980]
A building may be erected, altered or used and a lot or premises may be used for any of the purposes set forth in this article when authorized by the Board of Zoning and Appeals pursuant to the provisions of Article XXIV and for no other.
A. 
Hospital or sanatorium, except those prohibited under § 70-207.
B. 
Golf course, yacht club or other recreational area, provided that same is operated by an association or membership corporation and not as a gainful business.
C. 
Public utility.
D. 
Licensed day school or day camp for children of school and preschool ages on a plot of not less than four acres.
E. 
Mother-daughter residence, as defined in § 70-231.
[Amended 4-28-1987 by L.L. No. 10-1987; 7-29-2008 by L.L. No. 7-2008; 9-22-2008 by L.L. No. 9-2008]
A. 
In the case of a single-family dwelling, no building shall exceed 2 1/2 stories, with a maximum height of 30 feet.
[Amended 12-14-1999 by L.L. No. 14-1999]
B. 
In the case of a building other than a single-family dwelling, no building or part thereof shall exceed three stories with a maximum height of 45 feet, except a church spire or belfry.
[Amended 12-14-1999 by L.L. No. 14-1999; 1-3-2006 by L.L. No. 1-2006]
No dwelling or other building shall be constructed on a lot containing an area of less than 14,000 square feet.
[Added 1-3-2006 by L.L. No. 1-2006; amended 8-5-2021 by L.L. No. 16-2021]
No dwelling or other building shall be constructed on a lot unless it has a minimum lot width of 100 feet at the required front setback line. A minimum lot width of 40 feet shall be maintained at all points between the property line at the street and the front setback line.
[Amended 12-14-1999 by L.L. No. 14-1999]
The lot coverage shall not exceed 20% of the lot area.
[Amended 12-14-1999 by L.L. No. 14-1999; 3-11-2003 by L.L. No. 1-2003]
A. 
No dwelling shall be erected unless it has a habitable floor area on the first floor of at least 1,400 square feet.
B. 
The gross floor area shall not exceed 31% of the lot area.
C. 
The gross floor area (residential) on a lot shall not exceed 5,200 square feet.
[Amended 8-5-2021 by L.L. No. 16-2021]
D. 
In no case shall the limitations of this section prohibit a dwelling of less than 3,060 square feet on a lot held in single and separate ownership as of December 31, 1999, so long as the building conforms to all other restrictions of this chapter.
A. 
There shall be a front yard, the depth of which shall be not less than 35 feet from the front property line.
B. 
On a corner lot, a front yard shall be required on each street. The front yard on the narrower street frontage shall be not less than 35 feet in depth, and the other front yard shall be not less than 30 feet in depth, and, if the street frontages are equal, a minimum front yard of 35 feet shall be required on each street front.
C. 
The minimum front yard depth for detached dwellings shall be the same as the average front yard depth of the existing primary buildings used as dwellings within 300 feet on each side of the lot on the same side of the street and within the same zoning district, or 35 feet, whichever is greater. No front yard shall be required to have a depth greater than 50 feet. On a lot with multiple street fronts, the average front yard setback shall only apply to the primary front yard.
[Added 1-3-2006 by L.L. No. 1-2006; amended 7-10-2012 by L.L. No. 11-2012; 8-5-2021 by L.L. No. 16-2021]
[Amended 12-14-1999 by L.L. No. 14-1999]
A. 
On an interior lot, a single-family dwelling shall have two side yards, one on each side of the main building, the aggregate width of which shall be not less than 35% of the width of the lot, but in no case shall any side yard be less than 15 feet in width.
(1) 
The foregoing requirements for aggregate side yards shall not apply to alterations to existing single-family dwellings, provided that:
(a) 
The existing dwelling has either a valid certificate of occupancy or a valid certificate of existing use effective as of December 31, 1999; and
(b) 
The proposed alteration does not decrease the width of any existing side yard; and
(c) 
The alteration does not include demolition of more than 40% of the building's perimeter as it existed on December 31, 1999; and
(d) 
The maximum height to the ridge does not exceed 30 feet; and
(e) 
After alteration, the lot will have two side yards, one on each side of the main building, each side yard having a width of at least 15 feet and both side yards together having an aggregate width of not less than 30% of the width of the lot.
B. 
On a corner lot, a single-family dwelling shall have only one side yard. Said yard shall be on the side adjoining the interior lot opposite the front yard having the greater street frontage. Said side yard shall have a minimum width of 15 feet. The two yards fronting on streets shall be considered front yards as provided under § 70-20B. The remaining yard shall be considered the rear yard and shall conform to the provisions of § 70-22.
C. 
On an interior lot, a main building other than a single-family dwelling shall have two side yards, each having a minimum of 25 feet.
D. 
On a corner lot, a building other than a single-family dwelling shall have only one side yard. Said yard shall be on the side adjoining the interior lot opposite the front yard having the greater street frontage. Said side yard shall have a minimum width of 25 feet. The remaining yard shall be considered the rear yard and shall conform to the provisions of § 70-22.
E. 
Where a garage door(s) faces a side property line, a setback of 25 feet shall be provided between the side property line and the closest point of the garage structure.
[Added 1-3-2006 by L.L. No. 1-2006]
F. 
An areaway may extend into the required side yard, provided that, for any areaway projecting closer than four feet to a side property line, the entire areaway must be protected by a horizontal grating constructed in conformance with the requirements of the Building Code.
[Added 1-3-2006 by L.L. No. 1-2006]
[Amended 12-14-1999 by L.L. No. 14-1999]
There shall be a rear yard, the depth of which shall be not less than 20 feet for all single-family residences. For all other buildings, the depth of the rear yard shall be not less than 25 feet.
[Added 3-25-1986 by L.L. No. 3-1986; amended 3-11-2003 by L.L. No. 1-2003]
Parking shall be provided in accordance with the requirements set forth in § 70-103.
[1]
Editor's Note: Former § 70-22.2, Floor area ratio (FAR), added 2-19-1991 by L.L. No. 5-1991, as amended, was repealed 12-14-1999 by L.L. No. 14-1999.
[Added 12-14-1999 by L.L. No. 14-1999]
All new construction and alterations shall be contained within the area defined by the required sky exposure planes.
A. 
There shall be a sky exposure plane projecting inward from each front and side property line at a ratio of one foot vertical to one foot horizontal.
B. 
At no point may a structure be built higher than one times the horizontal distance from a lot line.
C. 
The foregoing requirements for sky exposure plane shall not apply to alterations to existing single-family dwellings, provided that:
(1) 
The existing dwelling has either a valid certificate of occupancy or a valid certificate of existing use effective as of December 31, 1999; and
(2) 
The alteration does not include demolition of more than 40% of the building's perimeter as it existed on December 31, 1999; and
(3) 
The maximum height to the ridge does not exceed 30 feet.
[Added 12-14-1999 by L.L. No. 14-1999; amended 1-3-2006 by L.L. No. 1-2006]
For construction of new dwellings or alterations to existing structures, the floor elevation of new attached garages may be located no lower than a 3% slope below the adjacent curb elevation.
[Added 12-14-1999 by L.L. No. 14-1999]
Detached garages, accessory buildings and accessory structures must comply with the requirements of § 70-100.1, Accessory buildings, and § 70-100.2, Accessory structures.
[Added 12-14-1999 by L.L. No. 14-1999]
For all new construction, alterations or landscaping changes, a front yard may not be covered more than 30% by any impervious material or other type of paving. Water flow from paved areas must be controlled to alleviate excessive runoff onto adjacent properties.
[Added 12-14-1999 by L.L. No. 14-1999]
The maximum height to the uppermost eave shall be 22 feet, as measured from the preexisting average grade at the perimeter of the building.
[Added 12-14-1999 by L.L. No. 14-1999]
Site lighting must comply with the requirements of § 70-217, Light fixtures.