Hempstead City Zoning Code
ARTICLE XV
Business B Districts
§ 139-106 Permitted uses.
[Amended 4-21-1992 by L.L. No. 2-1992]
In a Business B District, the following uses are permitted:
B.
Theaters, bowling alleys or funeral homes when authorized as a special exception by the Board of Zoning Appeals in accordance with standards established in Article XX.
C.
Private garages, as an accessory to a permitted use only. The storage, servicing and repair of motor vehicles owned or operated by the occupant of the premises is permitted, provided that such storage, servicing or repair is performed indoors only.
D.
Printers, provided that not more than seven-and-one-half-rated horsepower per unit or an aggregate of twenty-rated horsepower is used.
E.
Shoe repair shops.
F.
Medical, optical, dental and jewelers' laboratories, provided that not more than two-rated horsepower per unit or an aggregate of ten-rated horsepower is used.
G.
The sale of new or used motor vehicles; such use to be permitted only when the owner or operator of such business actually maintains a showroom within the Village of Hempstead for the sale of new motor vehicles, provided that such showroom shall be surrounded by four walls, have an area of not less than 1,000 square feet, have a ceiling height of not less than eight feet and shall have on the front or street side of such showroom a glass show window of not less than 200 square feet. Such showroom shall be used only for the display and sale of new motor vehicles and for no other purposes. The sale of new or used motor vehicles shall be restricted to the premises on which the showroom is maintained, including all property contiguous thereto. The Board of Zoning Appeals may authorize the use of other auxiliary sales lots within the Village which are not contiguous to the premises containing the showroom. A public garage is permitted as an accessory to the sale of new and used motor vehicles, provided that any of the uses conducted therein are performed indoors only.[1]
[1]
Editor's Note: Former Subsection H, which listed launderettes as a permitted use, which immediately followed this subsection, was repealed 9-16-1997 by L.L. No. 7-1997.
§ 139-107 Limitation on power.
No internal combustion engine, or electric motor or motors exceeding a total of 7 1/2 horsepower (except electrical motors for air conditioning, heating or elevators), shall be used for power purposes, except as a special exception granted by the Board of Zoning Appeals in accordance with standards established in Article XX.
§ 139-108 Height.
No building shall exceed seven stories and 85 feet in height.
§ 139-109 Front yard.
No story of any building shall be nearer the street on which it faces than five feet, except as provided for in Appendix B, Special Building Setback Lines.[1]
[1]
Editor's Note: Appendix B is included at the end of this chapter.
§ 139-110 Rear yard.
A.
A rear yard of not less than five feet is required, except that where a building runs through the block from street to street or is located upon a corner lot, no rear yard shall be required.
B.
Where a building or any portion thereof exceeds 15 feet in height, such building shall be set back an additional five feet from the rear lot line for every additional 20 feet of building height or portion thereof in excess of 15 feet in height.
§ 139-111 Fire passage.
Each building shall have an unobstructed fire-rated passage in a straight line from the rear yard to the street with a width of four feet and a height of seven feet, except that a side yard of not less than five feet will be accepted in lieu of a fire passage. Where a building is divided, each subdivided area shall be required to have direct and unobstructed access to said fire-rated passage or side yard.
§ 139-112 Prohibited uses.
In a Business B District, the following uses are prohibited:
A.
Residences.
B.
Outdoor storage of any type or kind whatsoever, including motor vehicles and other mechanized equipment.
C.
Any uses which may be noxious or offensive by reason of the dissemination of smoke, steam, gas, dust, odor, radioactivity, vapor, heat, vibration, light, noise or any other offensive, noxious or deleterious by-product of same.
D.
Class B multiple dwellings.
[Added 4-18-2000 by L.L. No. 4-2000; amended 1-21-2020 by L.L. No. 1-2020]
F.
Community residences.
[Added 4-18-2000 by L.L. No. 4-2000]
G.
Homeless shelters.
[Added 4-18-2000 by L.L. No. 4-2000]
H.
Halfway houses.
[Added 4-18-2000 by L.L. No. 4-2000]
I.
Group family day-care centers.
[Added 4-18-2000 by L.L. No. 4-2000]