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Town of North Hempstead, NY
Nassau County
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Table of Contents
Table of Contents
Code
New Laws (9) Index
The provisions of this article shall apply in a Multiple Residence District.
[Amended 6-8-1999 by L.L. No. 7-1999]
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 VII applicable to R-D Districts.
B. 
Multiple dwelling conforming to the provisions of the Multiple Dwelling Law, as amended from time to time, and to the provisions of this article.
C. 
Clubhouse, fraternity house or lodge.
D. 
All buildings and uses permitted in this article with the exception of those provided in § 70-54B and C of Article VII, shall conform to the provisions of Article VI applicable to R-C Districts.
[Amended 6-8-1999 by L.L. No. 7-1999]
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. 
All conditional uses set forth in Article III applicable to R-AA Districts, Article IV applicable to R-A Districts and Article VI applicable to R-C Districts.
B. 
All buildings and uses, as permitted in this article shall conform to the provisions of Article VI applicable to R-C Districts.
C. 
Senior citizen facilities, including the following. A single building may contain any combination of the senior citizen facilities listed below.
(1) 
Senior independent-living facilities.
(2) 
Senior congregate-living facilities.
(3) 
Senior assisted-living facilities.
(4) 
Senior day-care facilities.
(a) 
Senior day-care facilities shall provide means for the drop off and pickup of clients in a manner which does not interfere with the orderly flow of traffic.
D. 
Accessory uses. Senior citizen facilities and nursing homes may contain or provide uses necessary to and customarily incidental to such facilities where such uses are limited to use by residents, their guests and employees, as follows:
(1) 
In independent-living, congregate-living and assisted-living facilities:
(a) 
Community/meeting rooms.
(b) 
Workshops/arts and crafts rooms.
(c) 
Library.
(d) 
Convenience retail, barber and beauty shops; snack bar and gift shop.
(e) 
Outdoor passive and active recreation space.
(2) 
In congregate-living and assisted-living facilities:
(a) 
Dining rooms.
(3) 
In assisted-living facilities and nursing homes:
(a) 
Medical offices, limited to use by residents, with no exterior signs or access.
(b) 
Physical therapy rooms, limited to use residents, with no exterior signs or access.
[Amended 6-8-1999 by L.L. No. 7-1999]
A. 
No multiple dwelling shall exceed three stories, with a maximum height of 45 feet.
B. 
In the case of a building other than one used for dwelling purposes, no building or part thereof shall exceed three stories, with a maximum height of 45 feet, except a church spire or belfry.
C. 
In the case of a building containing senior citizen facilities, no building or part thereof shall exceed three stories with a maximum height of 45 feet.
[Amended 6-8-1999 by L.L. No. 7-1999; 7-10-2012 by L.L. No. 11-2012]
A. 
No multiple dwelling shall contain more than 24 apartments to house 24 families on a site of less than one acre.
B. 
The minimum lot area for multiple dwellings shall be 1,500 square feet per family.
C. 
Where a multiple dwelling, senior citizen facility or nursing home is erected on a lot abutting a residence district of higher classification, a minimum side and/or rear yard of 25 feet abutting said district will be required, which shall be landscaped and maintained in accordance with § 70-203G and H.
D. 
Buildings containing the following senior citizen facilities and nursing homes shall be constructed on lots containing the following area dimensions:
Type of Facility
Minimum Lot Size
(square feet)
Minimum Lot Width
(feet)
Minimum Front Setback to Structures
(feet)
Maximum Density
(units/acre)
Senior independent living
40,000
100
25
25
Senior congregate living
40,000
100
25
32
Senior assisted living
40,000
100
25
38
Nursing home
1 acre
100
25
50 beds/acre
Senior day care
20,000
100
25
N.A.
E. 
For buildings containing more than one senior citizen facility, a composite total of 32 units per acre shall be permitted, with each use assessed at the following rate:
Type of Facility
Equivalent Unit
Senior independent living
1.25
Senior congregate living
1.00
Senior assisted living
.85
F. 
A 25% density bonus shall be available for senior independent-living facilities where such units are made available as affordable senior citizen facilities.
[Added 6-8-1999 by L.L. No. 7-1999]
A. 
A ten-foot landscaped buffer shall be required along side and rear lot lines of any new primary structure, except where the new structure is erected on a lot abutting a residence district of higher classification, in which case a minimum buffer of 25 feet is required abutting said district.
[Amended 4-12-2011 by L.L. No. 7-2011]
B. 
Within twenty-five-foot required buffers, the planting strip shall provide for two rows of coniferous material six feet tall on seven-foot centers. Within ten-foot required buffers a single row of six-foot tall coniferous material shall be provided.
C. 
The required buffers shall be maintained in accordance with § 70-203G and H.
D. 
Landbanked parking may be located within a required buffer in accordance with the limitations set forth in § 70-70B.
[Amended 12-17-1985 by L.L. No. 13-1985; 6-8-1999 by L.L. No. 7-1999]
A. 
The provisions of § 70-103 shall apply to the Multiple Residence District.
B. 
Landbanked parking as defined in § 70-231 may be permitted within the required buffer for senior independent-, congregate- and assisted-living facilities, subject to the following restrictions:
(1) 
Landbanked parking shall be limited to 40% of the required parking.
(2) 
Landbanked parking shall be indicated as such on the site plan and shall be maintained as landscaped or open green space.
(3) 
No structure shall be erected in any designated landbanked area.
(4) 
Landbanked parking shall be located a minimum of 15 feet from any property line abutting a residence district.
[Amended 12-14-1999 by L.L. No. 14-1999]
The lot coverage shall not exceed 35% of the lot area, with a minimum distance between front and rear walls of 50 feet and 20 feet between building end walls.
[Amended 6-8-1999 by L.L. No. 7-1999]
A. 
For other than senior citizen facilities, a minimum area shall be provided for outdoor recreation with a ratio of 100 square feet for each dwelling unit.
B. 
A minimum of 80 square feet per dwelling unit of indoor common amenity space other than dining space shall be provided for senior citizen facilities. A minimum of 50 square feet of common outdoor active and passive recreation and open space shall be provided per dwelling unit for senior citizen facilities.
[Amended 6-8-1999 by L.L. No. 7-1999]
No basement apartments shall be permitted in any multiple dwelling or senior citizen facility other than one such apartment for the use of the superintendent, custodian or other person in charge of the maintenance of such dwelling.
[Amended 5-6-1975 by L.L. No. 2-1975; 6-8-1999 by L.L. No. 7-1999]
A. 
Multiple dwellings shall provide habitable floor area of not less than 600 square feet per family (per dwelling unit), except in the case of efficiency (no-bedroom) apartments in government-subsidized developments where the floor area of said efficiency apartment shall be not less than 400 square feet.
B. 
Senior citizen facilities.
(1) 
Buildings containing the following senior citizen facilities shall have the following minimum and maximum gross habitable floor areas per unit:
Type of Facility
Minimum Floor Area/Unit
(square feet)
Maximum Floor Area/Unit
(square feet)
Senior independent living
600
1,600
Senior congregate living
550
1,600
Senior assisted living
350
1,000
(2) 
In buildings containing more than one facility, maximum permitted floor area shall be calculated based on the sum of the separate floor areas for each type of facility.
(3) 
In senior independent-, congregate- and assisted-living facilities, a minimum of 40% of the dwelling units shall be one-bedroom units. No dwelling unit shall contain more than two bedrooms.
A. 
Unless the main building on the lot is controlled by § 70-75C, there shall be a front yard, the depth of which shall not be less than 25 feet.
B. 
On a corner lot, a front yard shall be required on each street and, unless the building is controlled by § 70-75C, the front yard on the narrower street frontage shall be not less than 25 feet in depth, and the other front yard shall be not less than 20 feet in depth: and if the street frontages are equal, a minimum front yard of 25 feet in depth shall be required on each street front.
C. 
No front yard shall be required for properties located within the New Cassel Urban Renewal Overlay District.
[Amended 4-12-2011 by L.L. No. 7-2011; 7-10-2012 by L.L. No. 11-2012; 3-31-2015 by L.L. No. 3-2015]
[Amended 6-8-1999 by L.L. No. 7-1999]
A. 
On an interior lot, a multiple dwelling, senior citizen facility or nursing home shall have two side yards, one on each side of the main building, each of which shall be not less than 20 feet in width from the front line to the rear lot line.
B. 
Where multiple dwellings, senior citizen facility or nursing homes are grouped on the same lot or plot, the unobstructed open spaces between the exterior walls of such buildings shall be not less than 30 feet.
C. 
On a corner lot, a multiple dwelling, senior citizen facility or nursing home 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 20 feet. The two yards fronting on streets shall be considered front yards as provided under § 70-75B. The remaining yard shall be considered the rear yard and shall conform to the provisions of § 70-77.
D. 
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]
E. 
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 6-8-1999 by L.L. No. 7-1999]
In the case of a multiple dwelling, senior citizen facility or nursing home, there shall be a rear yard the depth of which shall be not less than 20 feet.
[Added 6-8-1999 by L.L. No. 7-1999; amended 4-12-2011 by L.L. No. 7-2011]
All senior citizen facilities shall be designed to meet the special needs of senior citizens and at a minimum shall contain the following:
A. 
A call button monitoring or equivalent system within each dwelling unit for emergency calls to on- or off-site emergency personnel.
B. 
Exterior access, at a minimum of two locations, without steps.
C. 
Grab bars in all tub and shower stalls.
D. 
Corridor length and design to facilitate wayfinding.
E. 
Elevators required for access to all units above the first story.
F. 
Non-skid floors.
G. 
Handle-type spigots and doorknobs.
H. 
In all rooms, doors of sufficient width to accommodate wheelchairs.
I. 
Separation of vehicular circulation drive from pedestrian walks.
J. 
Changes in grade on walk systems to be accomplished by ramps.
K. 
Passenger drop-off for occupants and visitors near entrance and elevator halls of buildings.
[Amended 6-8-1999 by L.L. No. 7-1999]
No multiple dwelling, senior citizen facility or nursing home shall be permitted unless provided with municipal sewerage or unless an independent sewage disposal plan, approved by the Nassau County Department of Health and/or Town of North Hempstead Building Department, is constructed for the sanitary disposal of the sewage of such buildings.