In any residence district where a building shall be erected other than a one-family dwelling, a front yard of at least 20 feet is required, and where such building exceeds 30 feet in height, the front yard shall be increased by three feet for each additional six feet or portion thereof by which such building exceeds a height of 30 feet; except that if there is a special setback line affecting the premises or if the average alignment or setback of the existing buildings within 200 feet on each side of the lot would necessitate a greater front yard setback than above required, then the more restrictive front yard setback shall prevail. Provided that there are no other buildings fronting on the street within the block wherein the subject building, or buildings if part of a single project, fronts, it shall be sufficient if the average front yard setback shall comply with the provisions of this article. In no event, however, shall any part of the building be set back less than 20 feet.

Where a building other than a one-family residence shall be erected, a side yard is required along each side lot line of at least 12 feet for a building having a maximum height of 30 feet, and where such building exceeds 30 feet in height, the width of each side yard shall be increased by three feet for each six feet or portion thereof by which such building exceeds a height of 30 feet.

Where a building other than a one-family residence exceeds 50 feet in depth, irrespective of its height, the width of each side yard shall likewise be increased two feet in its entire length for each additional 50 feet of depth or portion thereof.

In any residence district where a building shall be erected other than a one-family dwelling, there shall be a rear yard which shall be at least 20 feet in depth for all buildings.

In a residence district, bay windows shall not aggregate in width more than 1/2 the frontage of the building, nor project more than three feet in front of it.

No projection shall extend beyond the front line of multiple-dwelling buildings except moulded cornices, sills, pilasters, and base courses not to exceed four inches.

Where the building sets back 15 feet or more, ornamental nonsupporting pilasters or columns, entablatures and pediments at the main entrance doorways may project 18 inches beyond the wall line.

Every one-story dwelling, except as provided in the Residence AAA and Residence AA Districts, shall contain on the first floor thereof a minimum of 1,000 square feet of livable floor area. Such area shall be calculated to include the thickness of all exterior walls, and there shall be excluded therefrom any unenclosed extensions and attached garages.

Every dwelling shall have a maximum floor area ratio (FAR) of 40% of the lot size.

Basements and accessory structures shall not be included in the FAR.

Every two-story dwelling, including split-level dwellings, shall contain a minimum of 1,500 square feet of livable floor area, and in no case shall there be less than 500 square feet of livable floor area on the second floor. Such area shall be calculated to include the thickness of all exterior walls, and there shall be excluded therefrom any unenclosed extensions and attached garages.

Every dwelling shall have a maximum floor area ratio (FAR) of 40% of the lot size.

Basements and accessory structures shall not be included in the FAR.

No cooking of any kind shall be done in any building except in a kitchen or room in which the cooking facilities comply with the requirements of the Building Code.[1]

No dwelling shall contain more than one kitchen for each family legally occupying the same. Upon obtaining the appropriate permit, however, in a single-family dwelling wherein there is a recreation room in the basement, separate cooking facilities in the basement for use accessory to such recreation room use shall be permitted, provided that the owner of said single-family dwelling shall make written application, under oath, to the Superintendent of the Building Department, agreeing that such facilities shall be used only in conjunction with and accessory to the recreation room use, that said recreation room will not at any time be used for sleeping quarters, and that the dwelling shall be used solely for single-family residential purposes. Any violation thereof may result in a revocation of such permit.

In a single-family dwelling wherein the cooking facilities in the kitchen are fueled by electrical energy, the Superintendent of the Building Department may issue a permit for the installation of a gas range in the basement, provided that the owner of the dwelling makes written application, under oath, agreeing that such gas range shall be used only during such time that the supply of electrical energy to the dwelling is temporarily unavailable. Any violation thereof may result in a revocation of such permit.

The Superintendent of the Building Department is authorized to promulgate such rules and regulations necessary to ascertain whether or not the requirements of this section are being met.

In all other cases, application for additional cooking facilities shall be made to the Board of Zoning Appeals.

Fences in front yards; residence districts. No fence or similar structure higher than four feet shall be erected in any front yard.

Fences in side yards; residence districts. No fence or similar structure higher than four feet shall be erected in any side yard, except that a fence six feet in height may be erected in any side yard if such fence is 40 or more feet distant from the front property line. On any side yard line which is a boundary line between a residence district and a commercial district, a fence, not exceeding six feet in height, may be erected on such boundary line from the rear yard line to the front yard building setback line of the abutting commercial district.

Fences in rear yards; residence districts. No fence or similar structure higher than six feet shall be erected in any rear yard.

Corner lots. For purposes of the erection of fences or similar structures, corner lots shall be interpreted as having two front yard lines and two side yard lines.

Fences in commercial districts. Fences in commercial districts shall be of the chain-link type and shall not exceed six feet in height. Where the side or rear yard line of any lot hereafter used for commercial purposes is the boundary line between a commercial and a residence district, a chain link fence, six feet in height, shall be erected and maintained along such boundary lines, and such fence shall contain appropriate inserts placed and maintained so that vehicular lights will be obstructed and precluded from shining onto the property located in the residence district. Any fence erected pursuant to this subdivision shall conform to the building setback requirements on each street frontage.

Permits. A permit shall be obtained prior to the erection of any fence or similar structure.

Barbed wire. The use of barbed wire is prohibited in all residence districts. In nonresidence districts, barbed wire may be used on top of chain link fences, provided that the lowest strand on such barbed wire is at least six feet four inches above grade, no more than three strands of barbed wire are utilized and such strands of barbed wire do not extend more than one vertical foot and one horizontal foot above and beyond the fence.

No one- or two-family dwellings shall be constructed or altered so as to provide a greater habitable area, unless parking is provided upon the premises. Such parking shall consist of a minimum of one space at least 8 1/2 x 20 feet in size, for each family occupying the premises.

No parking shall be permitted in the front yard, side or rear yard of any one-or two-family dwelling, whether previously existing or hereafter constructed, except upon a single paved driveway not exceeding 20 feet in width.

The parking or storage of boats, trailers, mobile homes motor homes or any other items not customarily accessory to a one- or two-family dwelling is hereby prohibited upon the front yard of the premises.

The use, occupancy and establishment of mobile homes trailers and trailer courts is prohibited. However, the Superintendent of the Building Department may grant a permit, upon proper application, for the temporary installation and use of a mobile home or trailer wherein the dwelling previously existing upon the premises has been damaged due to fire or other cause and the damaged structure is in the process of replacement or repair. The duration of the original permit shall not exceed 90 days, but may be extended at the discretion of the Superintendent of the Building Department.

Said mobile home or trailer shall be occupied by no person or persons other than the inhabitants of said dwelling which is in the process of replacement or repair.

In all residence districts other than Residence C Districts, no commercial vehicle shall be parked or stored or be permitted to be parked or stored out of doors.

The above provisions shall not prohibit the parking of any commercial vehicle in said residence districts during the usual course of business, for the purposes of making deliveries of merchandise or providing services to the owner or occupant of the premises.

In any district, except as otherwise provided, no new building shall be constructed for retail business or office use unless off-street parking is provided on the premises. One parking space shall be required for each 250 square feet of floor area.

No building shall hereafter be constructed or altered for use as a place of public assembly or assembly unless off-street parking is provided on the premises. One parking space shall be required for each three seats or 200 square feet of total assembly floor area open to the public, whichever is greater.

Each parking space, exclusive of access area, shall not be less than 8 1/2 feet in width by 20 feet in length and shall be graded, paved, marked and provided with adequate access consisting of a travel lane or travel lanes having a minimum of 20 feet each and dry wells for drainage purposes, all in accordance with requirements of the Incorporated Village of Hempstead.

Compliance required. It shall be unlawful to construct, install, enlarge, alter and thereafter maintain any swimming pools except in compliance with the provisions of this section. Swimming pools may be installed in any district only as an accessory to a dwelling for the private use of the owners or occupants of such dwelling and their families and guests, or as an accessory to a nursery school or day camp for children.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Permit required. It shall be unlawful to proceed with the construction, installation, enlargement or alteration of any swimming pool and appurtenances unless a permit therefor shall have first been obtained from the Superintendent of the Building Department. The permit fee shall be determined in accordance with Building Department Fee Schedule.

Prerequisites to issuance of permit.

Location. An outdoor swimming pool or one constructed in any accessory building shall be installed only in the rear yard of the premises.

Setback requirements. No part of any swimming pool, including appurtenant equipment, shall be erected or maintained closer than four feet to the rear and side property lines of the premises or, in the case of a corner lot, closer than 10 feet to any property line along an abutting street.

Area limited. A swimming pool shall not occupy more than 40% of the area of the rear yard, excluding all garages or other accessory structures located in such area.

Cross-connections. If the water for such swimming pool is supplied from a private well, there shall be no cross-connection with the public water supply system. Any connection to the public water supply will require a cross-connection device in compliance with Section 608 of the Plumbing Code of New York State and Section 2902 of the Residential Code.

Location of inlet. If the water for such swimming pool is supplied from the public water supply system, the inlet shall be above the overflow level of the pool.

Chemical treatment. Each swimming pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the State of New York as to public swimming pools.

Fences/barrier. Any outdoor swimming pool shall be completely enclosed by a fence/barrier. Each fence/barrier opening or point of entry into the pool area enclosure shall be equipped with gates. The fence/barrier and gates shall not be less than four feet in height above the grade level and shall be constructed of a minimum No. 9 gauge woven wire mesh corrosion-resistant material or good quality milled wood stockade material. Each gate shall be equipped with a self-closing and self-latching device placed at the top of the gate. Fence posts shall be constructed of galvanized steel or similar material and shall be set in concrete bases at least two feet below grade. The space between the bottom of the fence/barrier and the ground cannot exceed two inches. The spacing between vertical members cannot exceed 1.75 inches, spacing within any decorative cutouts in vertical members cannot exceed 1.75 inches, and the mesh size cannot exceed 2.25 square inches. Fences in excess of four feet in height shall have posts imbedded to a depth of at least 2 1/2 feet below grade. Fence posts shall be required at intervals of not more than 10 feet.

Loudspeakers and lights. No loudspeaker device which may be heard beyond the property lines of the premises on 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 illuminates any area beyond such property lines.

Water disposal. Water overflowing, drained or otherwise removed from the swimming pool shall be disposed of on the real property of the owner and be restrained from flowing onto the property of any adjoining property owner and the public right-of-way.

Pool alarms/covers. Pool alarms shall be installed in accordance with the New York State code, inclusive of pool covers and auto power safety covers, for every pool that was installed, constructed or substantially modified after December 14, 2006. All pool safety covers must comply with ASTM F1346, entitled "Standard Performance Specification for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs." Pool alarms must comply with ASTM F2208 and be capable of detecting a child entering the water.

Anti-entrapment protection for swimming pool and spa suction outlets. Anti-entrapment protection and suction outlet protection shall be required throughout the pool and spa in accordance with Section 3109.5 of the New York State Building Code and ASME/ANSI A112.19.8M and A112.19.17.

In every Class B multiple dwelling, community residence, homeless shelter, halfway house and group family day-care center to which this chapter is applicable there shall be from each at least two independent means of egress accessible to each room, apartment or suite, except with respect to a one-story transient building.

The first means of egress shall be an enclosed stair extending directly to a street, or to a yard, court or passageway affording continuous, safe and unobstructed access to a street, or by an enclosed stair leading to the entrance story, which story shall have direct access to a street. That area of the dwelling immediately above the street level and commonly known as the "main floor," where the occupants are registered and the usual business of the dwelling is conducted, shall be considered a part of the entrance story; and a required stair terminating at such main floor or its mezzanine shall be deemed to terminate at the entrance story. An elevator or an unenclosed escalator shall not be acceptable as a required means of egress.

The second means of egress shall be by an additional enclosed stair, conforming to the provisions of Subsection B of this section, a fire-stair or an outside fire escape. In a nonfireproof dwelling, when it is necessary to pass through a stair enclosure which may or may not be a required means of egress to reach a required means of egress, such stair enclosure and that part of the public hall or corridor leading thereto from a room, apartment or suite shall be fire-retarded or protected by a sprinkler system; in a fireproof dwelling only that part of the hall or corridor leading to such stair enclosure need be so protected.

Where it is impractical in such existing Class B multiple dwellings, community residences, homeless shelters, halfway houses and group family day-care centers to provide a second means of egress, the Department may order, in lieu of the second means of egress, additional alteration to the first means of egress and to shafts, stairs and other vertical openings as the Department may deem necessary to safeguard the occupants of the dwelling, may require the public halls providing access to the first means of egress to be equipped on each story with an automatic sprinkler system and, in nonfireproof dwellings, may also require automatic sprinkler heads in the stair which serves as the only means of egress.

Nothing in this section shall be deemed to require the enclosure of a stair which is ornamental, provided that such stair does not connect more than two stories.

A stair, fire-stair or fire-escape supplementary to the egress requirements of Subsections B, C and D of this section need not lead to the entrance story or to a street, or to a yard or a court which leads to a street, provided that the means of egress therefrom is approved by the Department.

A fire-detecting system shall not be acceptable for any of the requirements of this section.

In lieu of enclosing stairways as required by Subsections B and C of this section, an automatic sprinkler system may be provided on such stairs.