Hempstead City Zoning Code
ARTICLE VII
Residence B Districts
§ 139-72 Permitted uses.
In a Residence B District, the following uses are permitted:
A.
Any use is permitted which may be lawfully conducted in a Residence AAA District, Residence AA District or a Residence A District, except as may be provided in this article.
[Amended 4-18-2000 by L.L. No. 4-2000]
B.
Hospitals, sanatoriums, clubs or lodges except when conducted as a business, when authorized as a special exception by the Board of Zoning Appeals in accordance with the standards established in Article XX.
C.
Private garages accessory to single-family dwellings. No such garage shall provide storage for more than one motor vehicle for each 2,000 square feet of lot area. However, no more than three vehicles shall be permitted to be garaged therein. One commercial vehicle only of not more than one-and-one-half tons rated capacity shall be permitted to be garaged upon the premises, provided that said commercial vehicle shall be owned by or be under the dominion and control of an occupant of the premises. Every such garage shall be at least three feet from a rear lot line and at least three feet from each side lot line, except that if within 50 feet of any street line, such garage shall be distant at least five feet from every side lot line.
[Amended 12-4-2007 by L.L. No. 15-2007]
D.
Multiple dwellings.
(1)
Multiple dwellings, as defined in § 139-2.
(2)
Whenever a multiple dwelling shall be erected, there shall be provided upon the premises an accessory garage or garages for use only by the occupants of said multiple dwelling in a ratio of not less than 1 1/2 garage spaces for each dwelling unit. In lieu of such garage spaces, there may be provided upon the premises parking spaces providing accommodations for an equal number of automobiles. Said private accessory garage or garages or parking spaces shall be located at least 15 feet from the multiple dwelling building except where contained within or upon said multiple-dwelling building. However, where the area between the multiple-dwelling building and the accessory garage or garages or parking spaces shall be used for driveway purposes, then the garage or parking spaces shall be located at least 20 feet from the multiple-dwelling building. Each parking space, exclusive of access area, shall be not 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 travel lane or travel lanes having a minimum width of 20 feet each and dry wells for drainage purposes, all in accordance with requirements of the Incorporated Village of Hempstead. Parking upon the multiple-dwelling premises shall be restricted to those garage spaces or parking spaces specifically provided therefor by the owner.
E.
Accessory uses in the same multiple-dwelling building.
(1)
This shall be understood to include only the professional office or studio of a doctor, dentist, artist, architect, engineer, musician, accountant or attorney at law. This may also include the use of rooms for customary home occupations, including dressmaking, millinery or similar handicrafts when permitted as a special exception by the Board of Zoning Appeals in accordance with standards set forth in Article XX. The office, studio or occupational room shall be located on the basement or first floor level in the same building containing the dwelling unit in which the practitioner resides, and an exterior means of ingress and egress to same shall be required. No goods shall be publicly displayed so as to be visible from the outside of the office, studio or occupational room, and no sign or advertisement shall be shown other than one sign not larger than six inches by 12 inches, bearing only the name and profession or occupation (words only) of the practitioner. The number of units within a multiple dwelling which are used for any of the purposes set forth in this subsection shall not exceed 10% of the total number of units in the same multiple dwelling.
(2)
The ground floor of a building does not include the cellar of such building.
[Added 4-18-2000 by L.L. No. 4-2000]
(3)
The accessory use shall be understood to be inapplicable to Class B multiple dwellings, lodging houses, community residences, homeless shelters, halfway houses and group family day-care centers.
[Added 4-18-2000 by L.L. No. 4-2000; amended 1-21-2020 by L.L. No. 1-2020]
§ 139-72.1 Prohibited uses.
[Added 4-18-2000 by L.L. No. 4-2000]
In a Residence B District, the following uses are prohibited:
A.
Class B multiple dwellings.
[Amended 1-21-2020 by L.L. No. 1-2020]
B.
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, concerning lodging houses, was repealed 1-21-2020 by L.L. No. 1-2020.
C.
Community residences.
D.
Homeless shelters.
E.
Halfway houses.
F.
Group family day-care centers.
§ 139-73 Height.
[Amended 3-4-2008 by L.L. 3-2008; 12-16-2008 by L.L. No. 16-2008]
No single-family dwelling shall exceed two stories or 30 feet in height, and all multiple dwellings shall not exceed three stories or be 35 feet in height.
§ 139-74 Plot area.
A.
No single-family dwelling shall be erected on a plot less than 4,000 square feet in area, which plot shall have a minimum width (frontage) of at least 40 feet upon a public street, which 40 feet of width shall continue for a depth of 100 feet or to the rear line of the dwelling, whichever is greater.
B.
For multiple residence use, the plot area shall not be less than 15,000 square feet, and such plot shall have a minimum width (frontage) of at least 100 feet upon a public street, which 100 feet of width shall continue for a depth of 100 feet or to the rear line of the dwelling, whichever is greater.
C.
Not more than 65% of the area of the lot shall be covered by buildings and other structures.
D.
Single-family dwellings shall not exceed 30% of the lot coverage.
[Added 12-16-2008 by L.L. No. 16-2008]
§ 139-75 Front yards on corner lots.
In case of a corner lot, a front yard shall be required on each street on which the lot abuts.
§ 139-76 Side yards of buildings other than residence buildings.
In the case of buildings other than residence buildings, the side yards shall be divided equally between the two sides of the building.
§ 139-77 Frontage of multiple dwellings.
No multiple dwelling shall have continuous frontage of the building along any street line greater than 190 feet.
§ 139-78 Rear yards.
A rear yard of at least 15 feet in depth is required. Furthermore, where a lot is more than 100 feet deep, 1/4 of the additional depth shall be added to the required rear yard depth; and where a lot is less than 100 feet deep, 1/2 of the diminution in the depth of the lot below 100 feet shall be subtracted from the required rear yard depth; provided, however, that no part of any rear yard shall be less than 10 feet in depth.
§ 139-79 Population density.
For multiple residence use, the density of population shall not exceed 35 dwelling units on any acre of land or not more than a proportionate number of dwelling units on any fractional part of any acre of land.
§ 139-80 Setbacks for single-family dwellings.
A single-family dwelling shall conform to the following minimum setback requirements:
A.
Front yard. No story of any building shall be nearer to the street line on which it faces than the average alignment or setback of the existing buildings within 200 feet on each side of the lot and within the same block. Wherever a building is not controlled by the foregoing provisions of this section, there shall be a front yard the depth of which shall be at least 20 feet back of the street line.
B.
Side yards. A side yard is required along each side lot line wherein the sum of the minimum width of both side yards shall be at least 15 feet with not less than five feet on each side.
C.
Rear yards. There shall be a rear yard which shall be at least 15 feet.