Town of North Hempstead, NY Article XI Accessory Buildings and Structures; Encroachments; Swimming Pools

§ 70-99 Application of provisions. [1]

[Amended 8-12-1980 by L.L. No. 10-1980; 7-9-1991 by L.L. No. 10-1991; 10-20-2015 by L.L. No. 14-2015]

Accessory buildings or structures, temporary uses and encroachments, conforming to the provisions of this article, are permitted in any residential district.

[1] Editor's Note: Former § 70-99, Accessory buildings, was redesignated as § 70-100.1 10-8-1996 by L.L. No. 25-1996.

§ 70-100 (Reserved). [1]

[1] Editor's Note: Former § 70-100, Accessory structures, was redesignated as § 70-100.2 10-8-1996 by L.L. No. 25-1996.

§ 70-100.1 Accessory buildings.

[Amended 4-25-1987 by L.L. No. 10-1987; 4-1-1997 by L.L. No. 8-1997; 3-11-2003 by L.L. No. 1-2003; 1-3-2006 by L.L. No. 1-2006; 12-9-2014 by L.L. No. 19-2014]

A. Accessory buildings and/or structures, except as otherwise provided in this article, shall be located in the rear yard, not be over 15 feet in height at their highest point and shall not occupy more than 40% of the area of the rear yard. The yard area occupied by an accessory building or structure shall be included in computing the maximum coverage.

B. Unless otherwise provided in this article, accessory buildings and/or structures located in the rear yard shall be not less than three feet distant from the rear and side lot lines.

C. Unless otherwise provided in this article, accessory buildings and/or structures on corner lots 100 feet or less in depth shall be located as far as possible from the front property lines and shall conform to the provisions of § 70-100.1A and B.

D. No accessory building or structure, with the exception of fences which are four feet in height or retaining walls, shall be erected within 25 feet of a building used for residence purposes on an adjoining lot in Residence AAA or AA Districts, within 20 feet in Residence A or B Districts or within 15 feet in all other residence districts.

E. No accessory building or structure shall be erected in a rear yard, the area of which is not sufficient to permit compliance with the requirements of § 70-100.1A to D, inclusive.

F. A private detached garage accessory to a dwelling on the same lot or plot may be erected in a side yard and may be extended into the rear yard a distance of 1/2 the length of the garage, provided that the width of the lot is sufficient to permit compliance with the side yard requirements in the particular district and § 70-100.1D and § 700-100.1K.

G. On a corner lot, a private detached garage accessory to a dwelling on the same lot or plot may be erected in the rear yard, provided that the depth of the lot is sufficient to permit compliance with the provisions of § 70-100.1A to D, and provided that the setback of such garage complies with the front yard requirements in the particular district.

H. On a corner lot, a private detached garage may be erected in the front yard; provided, however, that the yard between said garage and the street property line complies with minimum front yard requirements as established for the main building, and provided further that there is compliance with the side yard and rear yard requirements of this section and requirements as to distance from the main building on an adjoining lot as required by this section, and provided further that said garage shall not be erected in front of or extended beyond the front of the main building.

I. A private garage may be erected within or as a part of the main building or may be attached to the main building by means of a permanent roof, and said garage shall not be considered an accessory building. Unless a private garage is so connected to the main building it shall be considered an accessory building and shall conform to the requirements for accessory buildings.

J. No permit shall be issued for the construction of an accessory building upon any vacant lot unless such permit includes the construction of the principal building on said lot, and the owner or applicant shall not begin construction of the accessory building until the construction of the principal building has proceeded to the first-floor beams.

K. Where the entrance to a detached garage faces a side property line, a minimum setback of 25 feet shall be provided between the side property line and the closest point of the garage structure.

§ 70-100.2 Accessory structures.

[Amended 12-3-1985 by L.L. No. 12-1985; 4-28-1987 by L.L. No. 10-1987; 7-9-1991 by L.L. No. 10-1991; 5-7-1996 by L.L. No. 6-1996; 5-21-1996 by L.L. No. 8-1996; 1-26-1999 by L.L. No. 2-1999; 10-5-2010 by L.L. No. 12-2010; 12-14-2010 by L.L. No. 17-2010; 1-25-2011 by L.L. No. 1-2011; 5-13-2014 by L.L. No. 17-2014; 12-9-2014 by L.L. No. 19-2014]

A. Fencing within residence districts shall:

(1) Not, if in existence under a Town permit on May 7, 1996, be affected by the following provisions of this subsection, except that if repairs to more than 50% of such a fence are required, the repaired fence shall comply with this subsection.

(2) Not be located, at any point, in the area between a public or private street and the nearest effective building line. For the purposes of this subsection only:

(a) The term "building line" shall mean a straight line continuing the line established by an exterior wall of a residential structure to the point where it intersects a property line;

(b) The term "effective building line":

[1] In the case of a lot having frontage on only one street, shall not include that portion of a building line which lies between the residential structure and the street.

[2] In the case of a lot having frontage on two or more intersecting streets shall include all of the building line.

(c) The term "exterior wall" does not include the side of an entranceway or a porch;

(3) Be constructed with the dressed side facing the street or adjacent property.

(4) Not exceed four feet in height, except that:

(a) A six-foot fence shall be permitted:

[1] Where a residential district immediately abuts a business or industrial district.

[2] Where a residential property immediately abuts a road maintained by the State of New York or by Nassau County and the main entrance of the dwelling on said residential property does not face the said road.

[3] Where a residential property immediately abuts property dedicated as parkland by the State of New York, by the County of Nassau, by the Town of North Hempstead, by one of the Town of North Hempstead's park districts or by an incorporated village, or where a residential property abuts a Nassau County recharge basin.

[4] In connection with a swimming pool when required by § 70-102C.

[5] Along the rear property line.

(b) A five-foot fence shall be permitted along the side property lines but in no case shall it extend forward of the front building line.

(c) These provisions shall not apply to hedges, privets, trees or other shrubbery which are not limited in height, except as provided in § 70-203C.

B. Dangerous fencing.

(1) In no case shall barbed wire, spikes, chipped glass, electricity or similar materials or devices be used in conjunction with or as part of any fence. No fence shall be permitted which is expressly designed with the intent to injure or malign anyone who attempts to climb such a fence. The exceptions to this rule are certain types of fences listed in § 70-100.2B(2).

(2) Barbed wire or electric fences.

(a) A fence which is seven feet high with a barbed wire, razor wire or spiked top or an electric shock fence which would not be detrimental to the health, safety or welfare of any person coming into contact with it may be permitted in the industrial districts, upon issuance of a conditional use permit by the Board of Zoning and Appeals:

[1] Where it can be demonstrated that the fence is needed to prevent entry to an area which could be hazardous to the health, safety or welfare of a person or persons.

[2] Where, in the Board's opinion, other reasons are presented which, in the general community interests or interests of national safety, justify the need for such a fence.

(b) Where such fences are permitted, the fact that they are either barbed or electrified shall be clearly indicated on the fences at intervals of not more than 25 feet.

C. Accessory porches, porticos, terraces, and decks.

[Added 8-5-2021 by L.L. No. 16-2021]

(1) Accessory porches, porticos, terraces, and decks shall comply with all height, setback, skyplane, and other area requirements for a dwelling or other main building of the zoning district in which they are located and with § 70-101B when they are located directly adjacent to the dwelling or main building, regardless of whether they are physically and/or structurally attached to the dwelling or main building.

(2) Accessory porches, porticos, terraces, and decks shall comply with all setback requirements for a pool in § 70-102C when directly adjacent to and/or accessing a pool and when not also adjacent to a dwelling or other main building.

(3) Accessory porches, porticos, terraces, and decks which are entirely physically and visually detached and remotely located from the dwelling or main building shall be controlled by the requirements of accessory buildings and structures found in § 70-100.1.

(4) All accessory porches, porticos, terraces, and decks located to the rear of the rear building line, combined with all other accessory structures, shall not exceed 40% of the rear yard, and all accessory porches, porticos, terraces, and decks forward of the front building line shall be considered as part of the front yard and shall be counted in the maximum front yard coverage as limited by the requirements for the zoning district in which they are located.

(5) Accessory terraces and decks that are eight inches or less above finished grade shall not be controlled by Subsection C(1) or (2) above, shall not be restricted in location to the rear yard, and shall not be counted towards maximum coverage of the rear yard by structures. They shall be counted towards the maximum front yard coverage when located in the front yard. Terraces and decks that are eight inches or less above finished grade must be provided with minimum three-foot setbacks to any property line regardless of location. This code shall not restrict patios, walkways, driveways, and other flatwork entirely flush with grade so long as all stormwater can be controlled, contained, and provided with retention on site.

D. Stationary outdoor fireplaces, fire pits, barbecues, or any other sources of exterior flame shall be at least 10 feet distant from side and rear property lines and shall not exceed five feet in height.

[Amended 8-5-2021 by L.L. No. 16-2021]

E. Pools shall not exceed two feet in depth, except when in compliance with the provisions of § 70-102C(2)(b), and no such pools shall be constructed, except in compliance with the regulations of the Nassau County Department of Health and unless provided with a drain or outlet to permit the same to be emptied.

F. Pergolas shall not exceed 10 feet in height.

G. Portable sheds shall not exceed 144 square feet and shall be located only in the rear yard not less than three feet from any property line.

[Amended 8-5-2021 by L.L. No. 16-2021]

H. No accessory structure or building shall be erected upon the premises for the purpose of containing air-conditioning equipment, ventilating fans and appurtenances thereto; such air-conditioning equipment, ventilating fans and appurtenant equipment shall be contained within the confines of the main building or upon the roof thereof. In the alternative, a central air-conditioning unit of five tons or less may be installed in the rear or side yard when the outer face of the unit is not less than three feet from the side and rear property lines but in no case shall such unit be located more than three feet from the subject dwelling. A central air-conditioning unit may be located in a front yard provided it complies with § 70-101H. Central air-conditioning units located less than five feet from a property lot line or located in the front yard must be screened from view from adjoining properties and the street by evergreen plantings or fencing in compliance with § 70-100.2.

I. Other accessory structures not mentioned herein shall be located in accordance with the requirements for accessory buildings as provided in § 70-100.1A to G.

J. Parabolic satellite dish antennas with a diameter greater than three feet, designed to receive or transmit signals from space satellites, shall be deemed accessory structures for the purposes of this section. Provisions of § 70-100.IC, D and E shall apply to the installation of use of dish antennas. In addition, the following provisions shall further limit and regulate the installation and use of dish antennas:

(1) Dish antennas shall only be permitted in rear yards; there shall be no more than one dish antenna per plot.

(2) Subject to the provisions of § 70-100.1A, a dish antenna shall not occupy more than 20% of the rear yard in which it is situated; no part of the dish antenna shall be located any closer than 10 feet to the side or rear lot line or any closer to said line than the distance which is equal to the height of the antenna plus six feet, whichever is greater.

(3) No part of the dish antenna, except for footings, foundations or buried wire, shall be located below ground level; the natural grade of the ground shall not be raised for the purpose of installing a dish antenna.

(4) Dish antennas shall be screened from adjoining lots and roadways by a completely planted visual barrier consisting of evergreen plantings, the height of which, after planting, is at least equal to the height of the dish antennas.

K. Generators and aboveground fuel tanks shall be permitted only in the side and rear yard so long as the outer face of the generator or fuel tank is not less than five feet from the side and rear property lines but in no case shall such generator or fuel tank be located more than five feet from the subject dwelling.

L. Light piers or decorative piers shall be permitted in the front yard of a dwelling, subject to the following:

(1) A maximum of four light piers or decorative piers are permitted.

(2) A residential property with a circular driveway may have one pier installed on each side of both driveway entrances.

(3) Piers shall be a maximum of two feet in any horizontal dimension with a maximum height of three feet.

M. Arbors not exceeding eight feet in height and five feet in any horizontal dimension shall be permitted in a side yard within a line of fencing or other barrier. No more than one arbor shall be permitted in any side yard per line of fencing or other barrier separating yards.

N. A maximum of one freestanding flagpole, not exceeding 20 feet in height, shall be permitted in the front yard of any residential property. A flagpole must be set back from all property boundaries a distance which is at least equal to the height of the pole. For purposes of this code, a "flagpole" shall mean a pole that is professionally manufactured for the purpose of displaying flags. Makeshift structures, or manufactured poles that have become structurally unsafe, shall not be considered a flagpole.

§ 70-100.3 Permitted temporary use regulations.

[Added 10-20-2015 by L.L. No. 14-2015]

A. Garage sales. Garage sales shall be allowed in residential zoning districts without a permit, subject to the following conditions:

(1) Not more than four garage sales of up to three consecutive days each per calendar year may be conducted per property.

(2) Garage sales shall be held during daylight hours only.

(3) Any signage must comply with Article XXI of this chapter.

B. For the purpose of this article, the term(s) used herein are defined as follows:

GARAGE SALE

The sale or offering for sale of new, used or secondhand items of personal property at one or more residential premises at any one time, including all sales in residential areas entitled "garage sale," "yard sale," "tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," "flea market sale," "estate sale" or any similar casual sale of tangible personal property.

PERSONAL PROPERTY

Items, goods, merchandise, clothing, furniture or other tangible property which is owned, utilized and/or maintained by an individual or members of his/her residence and acquired by such individuals in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment.

§ 70-101 Permitted encroachments.

[Amended 4-28-1987 by L.L. No. 10-1987; 4-1-1997 by L.L. No. 8-1997; 9-16-1997 by L.L. No. 20-1997; 12-9-2014 by L.L. No. 19-2014]

Encroachments into required yards are permitted in the residential districts as provided in this article only.

A. Cornices and eaves shall project not more than 18 inches, gutters not more than eight inches and chimneys not more than 18 inches; bay windows shall be not more than eight feet in width and shall project not more than 24 inches into any required yard; belt courses and sills shall project not more than six inches. All encroachments listed within this subsection shall be permitted as encroachments beyond a legally existing building and shall not be deemed to violate any required setbacks; provided, however, that each encroachment must be within the bounds of the property and comply with New York State Uniform Building Code. All encroachments listed in this subsection shall also be permitted as additional encroachments beyond those encroachments listed in § 70-101B and C.

[Amended 1-29-2019 by L.L. No. 3-2019]

B. One-story open porches and terraces shall project not more than five feet into a required front yard.

C. A one-story enclosed vestibule not greater than eight feet in width and five feet in depth may extend into a required front yard, provided that said vestibule shall conform in architecture and material to the main building.

D. No encroachment which is permitted to extend into any yard or court if unroofed or unenclosed shall thereafter be enclosed in whole or in part, either permanently or temporarily.

E. (Reserved)

F. In any case, where the Board of Appeals has diminished a required yard by variance, none of the foregoing encroachments shall be permitted in such diminished yard.

G. Steps and required landings extending into a minimum yard will not be considered an encroachment into such yard, provided that such steps do not exceed in height the first floor level of the building, and provided further that such steps are necessary to provide access to a walk, porch, terrace or vestibule. For the purposes of this section, a required landing shall not exceed five feet in the direction of travel and shall not exceed a width that provides greater than one foot on either side of the entrance opening in an exterior wall, or shall not exceed five feet in width when not serving as a platform for an entrance into a dwelling/building.

[Amended 8-5-2021 by L.L. No. 16-2021]

H. A central air-conditioning unit shall not project more than five feet into a required front yard. The average front yard setback shall not be considered when determining the required front yard setback for the purposes of locating air-conditioning units in a front yard.

§ 70-102 Outdoor pools.

[Amended 8-12-1980 by L.L. No. 10-1980; 4-28-1987 by L.L. No. 10-1987]

A. Outdoor pools, as defined in Subsection B of this section, may be installed in any district where permitted only as an accessory structure to a residence for the private families and guests or as accessory to a nursery school or day camp, provided that the approval of the Nassau County Department of Health is first obtained and, further, only in conformity with the provisions of this section.

B. "Outdoor pool" shall, for the purpose of this chapter, be construed to mean a swimming pool, tank, depression or excavation in any material, dike or berm which is constructed, erected, excavated or maintained which will cause the retaining of water to a greater depth than 24 inches (hereinafter referred to as a "pool") or having a larger plane surface area of water greater than 100 square feet.

[Amended 7-9-1991 by L.L. No. 10-1991]

C. No swimming pool shall be installed or maintained as authorized in the preceding subsections except on the following conditions:

(1) Such pool shall be installed in the rear yard of the premises.

(2) Anything in this chapter to the contrary notwithstanding, there shall be erected and maintained a six-foot-high solid wood, solid vinyl, vertical wrought iron fence with spacing no more then four inches apart, or similar product, with the finished side facing the adjoining properties and the street or a chain link fence complying with the requirements set forth in the current New York State Uniform Fire Prevention and Building Code. No pool fencing shall extend forward of the rear building lines of the dwelling. Such fence shall only be installed after obtaining the necessary permits.

[Amended 7-9-1991 by L.L. No. 10-1991; 4-1-1997 by L.L. No. 8-1997; 5-18-2010 by L.L. No. 5-2010; 7-10-2012 by L.L. No. 11-2012]

(a) The fence enclosing the pool shall comply with the following;

[1] The fence shall be at least six feet in height and shall have a maximum vertical clearance to grade of two inches.

[2] The fence shall be constructed so as not to provide footholds.

[3] Vertical members shall extend above the upper horizontal bar.

[4] A wall of a dwelling is permitted to serve as part of the enclosure, in accordance with the provisions of the current New York State Uniform Fire Prevention and Building Code.

[5] The enclosure is permitted only within the rear yard and may include equipment accessory to pool use.

[6] The fence shall fully comply with the New York State Uniform Fire Prevention and Building Code with regard to openings and member spacing.

(b) Exemptions.

[1] Aboveground pools with at least 46 inches between pool decking or pool top and adjoining grade are exempt from the fencing requirements of Subsection C(2)(a)[1] through [5], provided that their access ladders or steps shall be capable of being secured, locked or removed to prevent access.

[2] Aboveground pools, hot tubs and whirlpools having a height of less than 46 inches or having a plane area less than 100 square feet shall have a protective cover and a latching device.

(3) Gates or doors. All gates or doors must be equipped with a self-closing, self-latching device located on the inside of the gate or door. Such gate or door must be securely closed and locked at all times when not in actual use.

(4) Such pool area, combined with all other accessory structures, shall not exceed 40% of the area of the rear yard.

(5) Setbacks.

[Amended 7-9-1991 by L.L. No. 10-1991; 4-1-1997 by L.L. No. 8-1997]

(a) An inground swimming pool and any mechanical equipment shall be no closer to the rear and side property lines than 10 feet or the minimum side yard setback requirements for a residential structure in a residential district, whichever is the more restrictive.

(b) An aboveground pool and any mechanical equipment, as described in § 70-102C(2)(b), shall be no closer to the rear and side property lines than the minimum side yard setback requirement for the residential district in which the premises is located.

(6) If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.

(7) If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of the pool, and that supply shall be equipped with an approved backflow device.

(8) Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.

(9) No permission shall be granted for the installation of any swimming pool unless the plans therefor meet the approval of the Town of North Hempstead Building Department construction requirements nor until the owner of the premises has filed with the Building Department a certification approved 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, with the public highways or with adjoining properties.

(10) No loudspeaker device which can be heard beyond the property lines of the premises in 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 shall throw any rays beyond such property lines.

(11) Should the owner or occupant of the premises abandon the pool, he shall arrange to remove the depression and return the surface of the ground to its original grade and approximately in the same condition as before the pool was constructed, and he shall further notify the Building Department of the Town of North Hempstead of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.

(12) The pool shall be equipped with a cover approved by the Building Department of the Town and shall be of sufficient strength to protect against accidental entry into the pool. The pool shall be covered at all times when containing water and not in use.

(13) The pool shall be secured with a cover or other means approved by the Building Department of the Town and designed to protect against entry into the pool at all times when not containing water and not in use.

[Added 5-18-2010 by L.L. No. 5-2010]

(14) Every residential and commercial swimming pool shall have swimming pool alarms which comply with the requirements set forth in the current New York State Uniform Fire Prevention and Building Code, subject to the exceptions set forth therein.

[Added 5-18-2010 by L.L. No. 5-2010; amended 7-10-2012 by L.L. No. 11-2012]