Hempstead, TX Zoning Ordinance

Hempstead City Zoning Code

ARTICLE 3

Zoning Districts

§ 3.01 AR - Agricultural/Residential District.

3.01.01

Description:

The AR - Agricultural/Residential District is intended to retain the open character of the land. This district is primarily designed for those areas on the periphery and within Hempstead which have soils most suitable for agricultural production. Agricultural activities are frequently associated with noise, odors, dust, aerial chemical spraying, and other activities generally incompatible with urban life. However, agriculture forms a vital segment of both the Texas and local economy. Therefore, it is the purpose of the AR District to provide areas of low-density development to accommodate land uses within a district that will have the least negative impacts on agriculture. Developmental standards within the AR District are designed to provide for a high quality of life while effectively reducing the need for extensive urban infrastructure and associated public facilities. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies of the City of Hempstead.

3.01.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.01.03

Specific Uses:

Please see Section. 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.01.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all Zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

A lot located in the AR - Agricultural Residential District shall have not less than six thousand two hundred and fifty (6,250) square feet of area.

Lot Width:

A lot located in the AR - Agricultural Residential District shall have not less than fifty (50) feet of width or frontage.

Lot Depth:

A lot located in the AR - Agricultural Residential District shall have not less than one hundred and twenty-five (125) feet of depth.

Front Yard:

Each lot in an AR - Agricultural Residential District shall have a front yard of not less than five (5) feet.

Rear Yard:

Each lot in an AR - Agricultural Residential District shall have a rear yard of not less than five (5) feet.

Side Yard:

Each lot in an AR - Agricultural Residential District shall have a side yards of not less than five (5) feet.

Lot Coverage:

Structures on an AR - Agricultural Residential District lot shall not cover more than fifty percent (50%) of the lot.

Height:

No structure on an AR - Agricultural Residential District lot shall exceed forty-five (45) feet in height.

Building Elevation:

The first-floor elevation of all dwelling structures in AR - Agricultural/Residential District shall be a minimum of one foot (1') above the adjacent centerline of street or minimum of one foot (1') above the adjacent street gutter, whichever is greater. From residential dwellings on corner lots, both adjacent streets shall be considered when determining the minimum first-floor elevation.

[sic]

3.01.05

Fencing:

All fencing of property in this zoning district shall comply with the fencing regulations contained in this section.

Permit:

Any person who desires to construct a fence within the City of Hempstead, Texas shall make application for a fence permit with the City Secretary of the City of Hempstead. The application shall state the name and address of the applicant, the location of the property proposed to be fenced, the type of materials to be used in fence construction, and the dates of the proposed construction. A fee set by the City Council shall be charged for the permit. Before granting the permit, the Building Official/Building Inspector shall ensure that the fence complies with the City of Hempstead Code of Ordinances.

Applicant:

Fence permit applicants are responsible for the determination and location of easements, rights-of-way, and utilities prior to application for a fence permit and construction of fences. Fence permit applicants are responsible for researching and complying with all private deed restrictions or private subdivision requirements.

Materials:

Any fence constructed pursuant to this section shall be constructed of material commonly intended for use in a residential fence, such as wood, wrought iron, chain link, stone, masonry or brick, or other materials deemed to be commonly accepted residential fencing materials by the Building Official/Building Inspector.

Engineer Seal:

Any application to construct a stone, masonry, or brick fence, or a fence constructed of similar materials, greater than four (4) feet in height shall be submitted with properly drawn plans and sealed by a registered professional engineer.

Materials Prohibited:

Products manufactured for other uses such as broken concrete stacked in piles or rows, razor ribbon wire, plywood, corrugated steel, sheetmetal, tin, or fiberglass panels are prohibited from use as fencing materials.

Electric:

Any fence constructed to intentionally conduct electrical current is prohibited in this zoning district except on properties on parcels of one (1) acre or greater. The use of a fence or fencing material constructed to intentionally conduct electrical current is prohibited as fencing or fencing material in yards adjacent to or adjoining property zoned R-1, R-2, or R-3.

Barbed Wire:

Any fence constructed of barbed wire is prohibited in this zoning district except on properties on parcels of one (1) acre or greater. The use of barbed wire is prohibited as fencing or fencing material in yards adjacent to or adjoining property zoned R-1, R-2, or R-3.

Maintenance:

Fences shall be adequately maintained by the owner(s) or person(s) in charge of the property. If a fence is located along a boundary line between properties, both sides shall be maintained by the owner(s) of the fence. Fences shall not become dilapidated or deteriorated. Maintenance shall include, but is not limited to, the following:

Repairing or replacing all pickets or structural members between vertical supports that are substantially damaged, missing, rotted beyond repair or if any portion of the fence is more than 15 degrees off vertical alignment;

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to restore structural integrity and maintain a solid masonry barrier; and

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to the remaining portion of the fence.

Nonconforming:

It is the declared purpose of this section that nonconforming fences be eliminated and be required to comply with the regulations of the City of Hempstead Comprehensive Zoning Ordinance, having due regard for the property rights of the persons affected, the public health, safety, welfare, and the character of the surrounding area. All nonconforming fences shall be removed or modified to comply with the provisions of this section within ninety (90) days of the effective date of this section to eliminate nonconformity.

The procedures provided for in this Section regarding nonconforming fences apply to properties located in this zoning district regardless of any other section of the City of Hempstead Comprehensive Zoning Ordinance.

Any person owning a fence subject to the provisions of this Ordinance may request that the City Council establish a later compliance date for the nonconforming fence. The City Council may provide a later compliance date for the nonconforming fence under a plan whereby the owner's actual investment in the fence on the property before the time that the fence became nonconforming can be amortized within a definite time period if:

(a)

The City Council decides not to initiate a public hearing to amend the zoning ordinance; or

(b)

A final zoning decision of the City Council does not render the fence conforming; and

(c)

The reasonable amortization period based upon the factors set forth in subsection 3 would determine the reasonable amortization period to be more than ninety (90) days since the ordinance went into effect.

The following factors must be considered by the City Council in determining a reasonable amortization period:

(a)

The owner's capital investment in the fence on the property before the time the fence became nonconforming.

(b)

Any costs that are directly attributable to the establishment of the compliance date, including demolition expenses.

(c)

Any return on capital investment since inception of the fence, including net income and depreciation.

(d)

The anticipated actual recovery of capital investment, including net income and depreciation.

If the owner did not have a capital investment in the fence before it became a nonconforming fence, the owner is not entitled to an amortization to recover any of the costs set forth in this section. For purposes of this section “owner” means the owner of the nonconforming fence at the time the City Council enacted this section regarding fences.

Nuisance:

Every nonconforming fence that poses an imminent threat to the health, safety, or welfare of any person or to the general public is hereby declared a nuisance and is subject to removal by the City upon failure by the fence owner(s) to take reasonable, timely actions to protect the health, safety and welfare of the public to repair, replace or remove the fence after the owner has received notice.

(Ordinance 00-107 adopted 6/22/2000; Ordinance 10-107 adopted 6/21/2010; Ordinance 23-110 adopted 6/5/2023)

§ 3.02 R-1 Single-Family Residential District.

3.02.01

Description:

This district is primarily intended for single-family detached residential dwellings and related religious, educational, and recreational facilities normally required to provide the basic elements of a balanced and attractive neighborhood. These areas should be separated and protected from the encroachment of land use activities that do not perform a function necessary to sustain the residential environment, internal stability, attractiveness, order, efficiency, and security. The maintenance of property values is encouraged through the provision of adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of various land use elements. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies of the City of Hempstead.

3.02.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.02.03

Specific Uses:

Please see section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.02.04

Area Regulations:

For Comprehensive review of area regulations pertaining to all zoning Districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

A lot located in the R-1 - Single-Family Residential District shall have not less than six thousand two hundred and fifty (6,250) square feet of area.

Lot Width:

A lot located in the R-1 - Single-Family Residential District shall have not less than fifty (50) feet of width or frontage.

Lot Depth:

A lot located in the R-1 - Single-Family Residential District shall have not less than one hundred and twenty-five (125) feet of depth.

Front Yard:

Each lot in a R-1 - Single-Family Residential District shall have a front yard of not less than five (5) feet.

Rear Yard:

Each lot in a R-1 - Single-Family Residential District shall have a rear yard of not less than five (5) feet.

Side Yard:

Each lot in a R-1 - Single-Family Residential District shall have side yards of not less than five (5) feet on each side.

Lot Coverage:

Structures on a R-1 - Single-Family Residential District lot shall not cover more than fifty percent (50%) of the lot.

Height:

No structure in a R-1 - Single-Family Residential District shall exceed thirty-five (35) feet in height.

Building Elevation:

The first-floor elevation of all dwelling structures in a R-1 - Single-Family Residential District shall be a minimum of one foot (1') above the adjacent centerline of street or minimum of one foot (1') above the adjacent street gutter, whichever is greater. From residential dwellings on corner lots, both adjacent streets shall be considered when determining the minimum first-floor elevation.

3.02.05

Fencing:

All fencing of property in this zoning district shall comply with the fencing regulations contained in this section.

Permit:

Applicant:

Materials:

Engineer Seal:

Materials Prohibited:

Electric:

Any fence constructed to intentionally conduct electrical current is prohibited in this zoning district except on parcels of one (1) acre or greater. The use of a fence or fencing material constructed to intentionally conduct electrical current is prohibited as fencing or fencing material in yards adjacent to or adjoining property zoned R-2 or R-3.

Barbed Wire:

Any fence constructed of barbed wire is prohibited in this zoning district except on parcels of one (1) acre or greater. The use of barbed wire is prohibited as fencing or fencing material in yards adjacent to or adjoining property zoned R-2 or R-3.

Maintenance:

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to restore structural integrity and maintain a solid masonry barrier; and

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to the remaining portion of the fence.

Nonconforming:

(a)

The City Council decides not to initiate a public hearing to amend the zoning ordinance; or

(b)

A final zoning decision of the City Council does not render the fence conforming; and

(c)

The following factors must be considered by the City Council in determining a reasonable amortization period:

(a)

The owner's capital investment in the fence on the property before the time the fence became nonconforming.

(b)

Any costs that are directly attributable to the establishment of the compliance date, including demolition expenses.

(c)

Any return on capital investment since inception of the fence, including net income and depreciation.

(d)

The anticipated actual recovery of capital investment, including net income and depreciation.

Nuisance:

Height:

The maximum height of any fence in this zoning district shall not exceed eight (8) feet in the rear or side yards. The maximum height of any fence in this zoning district shall not exceed six (6) feet in the front yard. Any fence located in the front yard that exceeds four (4) feet shall contain at least seventy-five percent (75%) unobstructed open views comprised of uniformly spaced gaps separated by visually solid materials not less than one-half inch in width. Rear yard means the area between the residence or main building and the back property line along with the area from the rear edge of the residence or main building to a side property line. Side yard means the area between the residence or main building and a side property line. Front yard means the area between the residence or main building and the front property line along with the area from the front edge of the residence or main building to the side property line. Fences in this zoning district that do not conform to the regulations set forth in this subsection K as of the effective date of this ordinance are declared to be nonconforming and are subject to the regulations set forth in this subsection K. A fence that does not conform to the regulations in this subsection K may not be altered or expanded to increase the degree of nonconformity with the regulations in this subsection K. A fence that does not conform to the regulations in this subsection K shall not be rebuilt or repaired in the case of total destruction, or partial destruction exceeding fifty percent (50%) of its fair market value. If any such fence is damaged or destroyed to the extent of more than fifty percent (50%) of its fair market value, such fence shall be rebuilt in conformity with the height regulations of this subsection. If such fence is accidentally damaged to the extent of fifty percent (50%) or less of its fair market value, if may be repaired, restored, or renovated to its previous nonconforming status provided actual restoration, renovation, or repair is commenced within four (4) weeks following the date the damage is incurred.

(Ordinance 00-107 adopted 6/22/2000; Ordinance 10-107 adopted 6/21/2010; Ordinance 12-110 adopted 9/4/2012; Ordinance 23-110 adopted 6/5/2023)

§ 3.03 R-2 - Multifamily Residential District.

3.03.01

Description:

This district is primarily designed for two-family attached residential dwellings and related religious, educational, and recreational facilities normally required to provide the basic elements of a balanced and attractive neighborhood. These areas should be separated and protected from the encroachment of land use activities that do not perform a function necessary to sustain the residential environment, internal stability, attractiveness, order, efficiency, and security. The maintenance of property values is encouraged through the provision of adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of various land use elements. The regulatory provision of this district are aimed at achieving the goals, objectives and policies of the City of Hempstead.

3.03.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.03.03

Specific Uses:

Please See Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.03.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

A lot located in the R-2 - Multifamily Residential District shall have no less than nine thousand three hundred and seventy-five (9,375) square feet.

Lot Width:

A lot located in the R-2 - Multifamily Residential District shall have not less than seventy-five (75) feet of width or frontage.

Lot Depth:

A lot located in the R-2 - Multifamily Residential shall have not less than one hundred and twenty-five (125) feet of depth.

Residential Density:

Density in a R-2 - Multifamily Residential District shall not exceed two (2) primary dwelling units per lot.

Front Yard:

Each lot in a R-2- Multifamily Residential District shall have a front yard of not less than five (5) feet.

Rear Yard:

Each lot in a R-2- Multifamily Residential District shall have a rear yard of not less than five (5) feet.

Side Yard:

Each lot in a R-2 - Multifamily Residential District shall have side yards of not less than five (5) feet on each side.

Lot Coverage:

Structures on a R-2- Multifamily Residential lot shall not cover more than fifty percent (50%) of the lot.

Height:

No structure in a R-2 - Multifamily Residential District shall exceed thirty-five (35) feet in height.

Building Elevation:

The first-floor elevation of all dwelling structures in a R-2 - Multifamily Residential District shall be a minimum of one foot (1') above the adjacent centerline of street or minimum of one foot (1') above the adjacent street gutter, whichever is greater. From residential dwellings on corner lots, both adjacent streets shall be considered when determining the minimum first-floor elevation.

3.03.05

Fencing:

All fencing of property in this zoning district shall comply with the fencing regulations contained in this section.

Permit:

Applicant:

Materials:

Engineer Seal:

Materials Prohibited:

Electric:

Barbed Wire:

Maintenance:

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to restore structural integrity and maintain a solid masonry barrier; and

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to the remaining portion of the fence.

Nonconforming:

(a)

The City Council decides not to initiate a public hearing to amend the zoning ordinance; or

(b)

A final zoning decision of the City Council does not render the fence conforming; and

(c)

The following factors must be considered by the City Council in determining a reasonable amortization period:

(a)

The owner's capital investment in the fence on the property before the time the fence became nonconforming.

(b)

Any costs that are directly attributable to the establishment of the compliance date, including demolition expenses.

(c)

Any return on capital investment since inception of the fence, including net income and depreciation.

(d)

The anticipated actual recovery of capital investment, including net income and depreciation.

Nuisance:

(Ordinance 00-107 adopted 6/22/2000; Ordinance 10-107 adopted 6/21/2010; Ordinance 23-110 adopted 6/5/2023)

§ 3.04 R-3 - Multifamily Residential District.

3.04.01

Description:

This district is primarily intended for multiple-family dwellings consisting of townhouses, rowhouses, garden apartments, and other similar medium density designs, along with related religious, educational, and recreational facilities normally required to provide the basic elements of a balanced and attractive neighborhood. The purpose of the R-3 District is to provide for a higher density residential district with a more diverse mixture of residential and associated land uses. In order to accommodate higher densities, a greater use of open space and recreational areas is required within this district. Projects in this district are intended for locations along or near designated arterial streets to accommodate the higher traffic associated with such districts.

These areas are intended to be separated and protected from the encroachment of land use activities which do not perform a function necessary to sustain the residential environment, internal stability, attractiveness, order, efficiency, and security. The maintenance of property values is encouraged through the provision of adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of various land use elements The regulatory provisions of this district are aimed at achieving the goals, objectives and policies of the City of Hempstead.

3.04.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.04.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.04.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lots Standards Matrix, at the end of this section of the Ordinance.

Site Area:

A site located in the R-3 - Multifamily Residential District shall have not less than twelve thousand five hundred (12,500) square feet.

Site Width:

A site located in the R-3 - Multifamily Residential District shall have not less than one hundred (100) feet of width or frontage.

Site Depth:

A site located in the R-3 - Multifamily Residential District shall have not less than one hundred and twenty-five (125) feet of depth.

Residential Density:

Density in an R-3 - Multifamily Residential District shall not exceed 1,500 square feet per unit.

Front Yard:

Each site in an R-3 - Multifamily Residential District shall have a front yard of not less than five (5) feet.

Rear Yard:

Each site in an R-3 - Multifamily Residential District shall have a rear yard of not less than five (5) feet on each side.

Side Yard:

Each site in an R-3 - Multifamily Residential District shall have side yards of not less than five (5) feet on each side.

Lot Coverage:

Structures on an R-3 - Multifamily Residential District lot shall not cover more than seventy-five percent (75%) of the lot.

Height:

No structure in an R-3 - Multifamily Residential District shall exceed thirty-five (35) feet in height.

Building Elevation:

The first-floor elevation of all dwelling structures in a R-3 - Multifamily Residential District shall be a minimum of one foot (1') above the adjacent centerline of street or minimum of one foot (1') above the adjacent street gutter, whichever is greater. From residential dwellings on corner lots, both adjacent streets shall be considered when determining the minimum first-floor elevation.

3.04.05

Buffering and Screening:

Any property developed in this zoning district that adjoins or abuts any residential property shall provide a fifteen foot (15’) wide buffer yard along the entire perimeter of such residential property. Multi-Family sites must be screened from abutting residential lots by an opaque fence, wall, or dense growth of plant materials, not less than five (5) feet high and not more than six (6) feet high. Said screen must be constructed and maintained in good condition at all times.

3.04.06

Fencing:

All fencing of property in this zoning district shall comply with the fencing regulations contained in this section.

Permit:

Applicant:

Materials:

Engineer Seal:

Materials Prohibited:

Electric:

Barbed Wire:

Maintenance:

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to restore structural integrity and maintain a solid masonry barrier; and

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to the remaining portion of the fence.

Nonconforming:

(a)

The City Council decides not to initiate a public hearing to amend the zoning ordinance; or

(b)

A final zoning decision of the City Council does not render the fence conforming; and

(c)

The following factors must be considered by the City Council in determining a reasonable amortization period:

(a)

The owner's capital investment in the fence on the property before the time the fence became nonconforming.

(b)

Any costs that are directly attributable to the establishment of the compliance date, including demolition expenses.

(c)

Any return on capital investment since inception of the fence, including net income and depreciation.

(d)

The anticipated actual recovery of capital investment, including net income and depreciation.

Nuisance:

(Ordinance 00-107 adopted 6/22/2000; Ordinance 01-105 adopted 5/21/2001; Ordinance 10-107 adopted 6/21/2010; Ordinance 23-110 adopted 6/5/2023)

§ 3.05 MH - Manufactured Housing District.

3.05.01

Description:

This district is intended to serve as a residential zone that will meet the needs of persons living in manufactured housing. The primary use of land in the MH District is for manufactured homes, and other related religious, educational, and recreational facilities normally required for the provision of a balanced and attractive neighborhood. These areas should be protected from the encroachment of land use activities that do not perform a function necessary to sustain the residential environment, internal stability, attractiveness, order, efficiency, and security. The maintenance of property values is encouraged through the provision of adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of various land use elements. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies of Hempstead.

3.05.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.05.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.05.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Site Area:

A site for an MH - Manufactured Home District shall contain not less than two (2) acres in size.

Lot Area:

A lot located in the MH - Manufactured Home District shall have not less than six thousand two hundred and fifty (6,250) square feet of area.

Lot Width:

A lot located in the MH - Manufactured Home District shall have not less than fifty (50) feet of width or frontage.

Lot Depth:

A lot located in the MH - Manufactured Home District shall have not less than one hundred and twenty-five (125) feet of depth.

Front Yard:

Each lot in an MH - Manufactured Home District shall have a front yard of not less than five (5) feet.

Rear Yard:

Each lot in an MH - Manufactured Home District shall have a rear yard of not less than five (5) feet.

Side Yard:

Each lot in an MH - Manufactured Home District shall have a side yards of not less than five (5) feet on each side.

Height:

No structure in a MH - Manufactured Home District shall exceed thirty-five (35) feet in height.

Lot Coverage:

Structures on a MH - Manufactured Housing District lot shall not cover more than fifty percent (50%) of the lot.

Building Elevation:

The first-floor elevation of all dwelling structures in a MH - Manufactured Home District shall be a minimum of one foot (1') above the adjacent centerline of street or minimum of one foot (1') above the adjacent street gutter, whichever is greater. From residential dwellings on corner lots, both adjacent streets shall be considered when determining the minimum first-floor elevation.

3.05.05

In Migration of Additional Mobile Homes Prohibited:

On and after the effective date of the adoption of this Ordinance no additional mobile homes will be permitted to locate within the City of Hempstead.

3.05.06

Location of Manufactured Homes:

Manufactured homes shall be permitted to locate only in MH - Manufactured Home zoning districts. The City of Hempstead HUD-Code Manufactured Home Ordinance (as amended) pertaining to the installation of HUD-Code manufactured homes is hereby incorporated as a part of this Ordinance.

3.05.07

Existing Mobile Homes.

Mobile homes are not allowed, except in accordance with the provisions of Section 2.06.14.

(Ordinance 00-107 adopted 6/22/2000; Ordinance 05-111, sec. 2, adopted 6/6/2005; Ordinance 23-110 adopted 6/5/2023)

§ 3.06 CBD - Central Business District.

3.06.01

Description:

This zoning classification is intended for the land use activities located in the central business district of Hempstead. This district is composed of the original business zone of the City. The common-wall construction so prevalent in this area makes it unnecessary to require conventional front, side, and rear yard setbacks. Likewise, maximum lot coverage limits are also omitted in this district and no residential buffering requirements are required. The regulations associated with this district are designed to enhance and encourage the viability and redevelopment of Hempstead's urban core. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies of the City of Hempstead.

3.06.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.06.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.06.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Site Area:

No minimum site area.

Site Width:

No minimum site width.

Site Depth:

No minimum site depth.

Front Yard:

No front, side or rear yards are required.

Site Coverage:

Structures on a CBD - Central Business District lot may cover up to 100% of the lot.

Height:

No structure in a CBD - Central Business District shall exceed fifty (50) feet in height.

(Ordinance 00-107 adopted 6/22/2000)

§ 3.07 NC - Neighborhood Commercial District.

3.07.01

Description:

The NC - Neighborhood Commercial District is designed to facilitate centers that accommodate trade and personal services meeting the basic needs of families residing in areas adjacent to such centers. Requirements for sunlight, natural air circulation, open space, and off-street parking area are more restrictive in the NC District because the retail trade and services located within it are intended to become an integral part of the neighborhood. Land uses within the NC District should operate in harmony with other residential, educational, religious and recreational land use activities. Uses allowed in the district are intended to produce a relatively low traffic volume and are not intended to create any noise, lighting problems, glare, or odors abnormal to a residential environment.

No outside storage of goods or materials is allowed. Screening and buffering standards are incorporated to reduce the negative impact of the NC District land uses on abutting residential neighborhoods. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies of the City of Hempstead.

3.07.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.07.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.07.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

All lots located in the NC - Neighborhood Commercial District shall have not less then twelve thousand and five hundred (12,500) square feet of area.

Lot Width:

Each lot in a NC - Neighborhood Commercial District shall be no less than one hundred (100) feet in width.

Lot Depth:

Each lot in a NC - Neighborhood Commercial District shall have not less than one hundred and twenty-five (125) feet of depth.

Front Yard:

Each lot in a NC - Neighborhood Commercial District shall have a front yard of not less than twenty-five (25) feet.

Rear Yard:

Each lot in a NC - Neighborhood Commercial District shall have a rear yard of not less than twenty-five (25) feet.

Side Yard:

Each lot in a NC - Neighborhood Commercial District shall have side yards of not less than fifteen (15) feet.

Lot Coverage:

Structures on a NC - Neighborhood Commercial District lot shall not cover more than sixty percent (60%) of the lost [lot] area.

Height:

No structure on a NC - Neighborhood Commercial District lot shall exceed thirty-five (35) feet.

3.07.05

Buffering and Screening:

Any property developed in this zoning district which adjoins or abuts any residential property shall provide a fifteen foot (15’) wide buffer yard along the entire perimeter of such residential property. Any property developed in this zoning district which adjoins or abuts any residential property shall be screened along the entire perimeter of such lot or zoning district by a solid, opaque fence or dense landscaping, created and maintained in accordance with specifications provided by the Hempstead Zoning Officer.

(Ordinance 00-107 adopted 6/22/2000)

§ 3.08 HC - Highway Commercial.

3.08.01

Description:

The HC Highway District is designed to accommodate offices and retail activities associated with the major arterial highways located in Hempstead. The front yard setback, site access, and site design requirements associated with this district are intended to reduce the impact of the heavy vehicular traffic so often present in this district. Screening and buffering standards are incorporated to reduce the negative impact of the HC District land uses on abutting residential neighborhoods. The regulatory provisions of this district are aimed at achieving the goals and objectives of the City of Hempstead.

3.08.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.08.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.08.04

Area Regulations:

For comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

All lots located in the HC - Highway Commercial District shall have not less than twelve thousand and five hundred (12,500) square feet of area.

Lot Width:

Each lot in a HC - Highway Commercial District shall be no less than one hundred (100) feet in width.

Lot Depth:

Each lot in a HC - Highway Commercial District shall have not less than one hundred and twenty-five (125) feet of depth.

Front Yard:

Each lot in a HC - Hempstead [Highway] Commercial District shall have a front yard of not less than twenty-five (25) feet.

Rear Yard:

Each lot in a HC- Hempstead [Highway] Commercial District shall have a rear yard of not less than twenty-five (25) feet.

Side Yard:

Each lot in a HC - Hempstead [Highway] Commercial District shall have side yards of not less than fifteen (15) feet.

Lot Coverage:

Structures on a HC - Highway Commercial District lot shall not cover more than sixty-five percent (65%) of the lot area.

Height:

No structure on a HC - Highway Commercial District lot shall exceed thirtyfive (35) feet.

3.08.05

Buffering and Screening:

(Ordinance 00-107 adopted 6/22/2000)

§ 3.08A HCA - Highway Commercial District A.

3.08A.01

Description:

The HCA - Highway Commercial A District is designed to accommodate buildings, offices and retail activities associated with development North of U.S. Highway 290 a major arterial highway located in Hempstead. The front yard setback, site access, and site design requirements associated with this district are intended to reduce the impact of the heavy vehicular traffic so often present in this district. Screening and buffering standards are incorporated to reduce the negative impact of the HCA District land uses on abutting residential neighborhoods. The regulatory provisions of this district are aimed at achieving the goals and objectives of the City of Hempstead including the elimination of height restrictions on buildings North of U.S. Highway 290.

3.08A.02

Uses Permitted by Right:

Please see section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.08A.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.08A.04

Area Regulations:

For comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

All lots located in the HCA - Highway Commercial District A shall have not less than twelve thousand and five hundred (12,500) square feet of area.

Lot Width:

Each lot in a HCA - Highway Commercial District A shall be no less than one hundred (100) feet in width.

Lot Depth:

Each lot in a HCA - Highway Commercial District A shall have not less than one hundred and twenty-five (125) feet of depth.

Front Yard:

Each lot in a HCA - Highway Commercial District A shall have a front yard of not less than twenty-five (25) feet.

Rear Yard:

Each lot in a HCA - Highway Commercial District A shall have a rear yard of not less than twenty-five feet.

Side Yard:

Each lot in a HCA - Highway Commercial District A shall have side yards of not less than fifteen (15) feet.

Lot Coverage:

Structures on a HCA - Highway Commercial District A lot shall not cover more than sixty-five percent (65%) of the lot area.

Height:

Structures on a HCA - Highway Commercial District A lots do not have a height limitation.

3.08A.05

Buffering and Screening:

(Ordinance 21-103 adopted 4/19/2021)

§ 3.09 PS - Planned Shopping.

3.09.01

Description:

The PS - Planned Shopping District is intended to provide a basis for the unified grouping, in one or more buildings, of retail shops and stores. Projects developed in the PS District are designed as integral units with common thematic ties. The district utilizes large site standards with more extensive site design criteria. Site access and design criteria are incorporated to reduce the negative impacts of the heavy vehicular traffic associated with such sites. Screening and buffering standards are incorporated to reduce the negative impact of the PS District land uses on abutting residential neighborhoods. The regulatory provisions of this district are aimed at achieving the goals objectives and policies of Hempstead.

3.09.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.09.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.09.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

All lots located in the PS - Planned Shopping District shall have not less than two (2) acres in area.

A.1.

Lot Width:

Each lot in a PS - Planned Shopping District shall be no less than two hundred (200) feet in width.

Lot Depth:

Each lot in a PS - Planned Shopping District shall have not less than two hundred (200) feet of depth.

Front Yard:

Each lot in a PS - Planned Shopping District shall have a front yard of not less than twenty-five (25) feet.

Rear Yard:

Each lot in a PS - Planned Shopping District shall have a rear yard of not less than twenty-five (25) feet.

Side Yard:

Each lot in a PS - Planned Shopping District shall have side yards of not less than fifteen (15) feet.

Lot Coverage:

Structures on a PS - Planned Shopping District lot shall not cover more than sixty-five (65%) of the lot area.

Height:

No structure on a PS - Planned Shopping District lot shall exceed thirty-five (35) feet.

3.09.05

Buffering and Screening:

Any property developed in this zoning district which adjoins or abuts any residential property shall provide a fifteen foot (15’) wide buffer yard along the entire perimeter of such residential property. Any property developed in this zoning district which adjoins or abuts any residential property shall be screened along the entire perimeter of such lot zoning district by a solid, opaque fence or dense landscaping, created and maintained in accordance with specifications provided by the Hempstead Zoning Officer.

(Ordinance 00-107 adopted 6/22/2000)

§ 3.10 LM - Light Manufacturing District.

3.10.01

Description:

This district is intended to serve the needs of manufacturing, fabrication, assembling, warehousing and wholesaling businesses. Because of the potential environmental problems inherent in manufacturing processes, stringent performance standards are made applicable to this district. It is intended that industrial areas in Hempstead reflect a campus orientation with large lot design and substantial landscaping. Screening and buffering standards are incorporated to reduce the negative impact of the LM District land uses on abutting residential neighborhoods. The regulatory provisions of this district are aimed at achieving the goals, objectives and policies of the City of Hempstead.

3.10.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.10.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.10.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

All lots located in the LM - Light Manufacturing District shall have not less than one (1) acre in area.

A.1.

Lot Width:

Each lot in a LM - Light Manufacturing District shall be no less than one hundred (100) feet in width.

Lot Depth:

Each lot in a LM - Light Manufacturing District shall have not less than one hundred (100) feet of depth.

Front Yard:

Each lot in a LM - Light Manufacturing District shall have a front yard of not less than thirty-five (35) feet.

Rear Yard:

Each lot in a LM - Light Manufacturing District shall have a rear yard of not less than thirty-five (35) feet.

Side Yard:

Each lot in LM - Light Manufacturing District shall have side yards of not less than twenty-five (25) feet.

Lot Coverage:

Structures on a LM - Light Manufacturing District lot shall not cover more than seventy-five percent (75%) of the lot area.

Height:

No structure on a LM - Light Manufacturing District lot shall exceed fifty (50) feet.

3.10.05

Buffering and Screening:

(Ordinance 00-107 adopted 6/22/2000)

§ 3.11 PUD - Planned Unit Development.

3.11.01

Purpose:

The Planned unit Development (PUD) classification is an overlay designation to provide flexibility in planning for development of large projects which may include residential, office, and commercial land uses. In many instances, the creative use of the PUD concept facilitates urban design that is more efficient, safe, environmentally sensitive, interesting, visually pleasing, and socially integrated than the standard lot layout and design. The regulatory provisions of this classification are aimed at achieving the goals and objectives of the City of Hempstead. The purposes of the PUD Classification are to:

Establish a procedure for the development of larger parcels of land under unified control in order to reduce or eliminate the inflexibility that might otherwise result from strict application of land use standards and procedures designed primarily for individual lots;

Ensure orderly and thorough planning and review procedures that will result in quality urban development and the creation and improvement of common open space and pedestrian circulation, particularly in residential areas;

Avoid monotony by allowing greater freedom in selecting the means to provide access, light, open space and amenities; and

Provide for flexibility in the strict application of certain of the land use regulations and performance standards found in the base zoning district to take advantage of special site characteristics, locations, or land uses.

3.11.02

Description:

A Planned Unit Development (PUD) is a land use design incorporating the concepts of density transfer and common open space. The PUD designation serves as an “overlay classification.” In this capacity, the designation applies a new and different set of developmental guidelines to the base zoning district(s) in which the property is located. When a parcel of land receives the PUD designation it continues to retain its standard zoning district classification. However, the PUD overlay classification enables the developer of the tract to modify certain requirements as permitted by this section of the section [sic] of the Ordinance. These modifications are in concert with a documented plan that meets the regulations prescribed herein, and that has been reviewed and approved by both the Planning and Zoning Commission, and the City Council.

3.11.03

PUD Location and Size:

A PUD shall be permitted in any R-1, R-2, R-3, NC, HC, or PS zone and shall be a minimum of two (2) acres in size.

3.11.04

General Procedure:

The procedures associated with the granting or denial of PUD classification shall conform to those procedures described in Article 2 of the Ordinance, and specifically Section 2.04 Specific Use Permit Criteria and Procedures.

3.11.05

Specific Procedure:

Permitted Locations for PUDs:

No new Planning [Planned] Unit Development may be located outside of those sections of Hempstead which do not have a full complement of urban infrastructure, including water, sanitary sewer, storm sewer, and paved streets. In addition, all Planned Unit Developments shall be located no more than one mile from a major arterial street as designated by the Zoning Officer. PUDs shall conform to all city ordinances and zoning requirements unless specifically excluded in this section.

Zoning Officer Report:

The Zoning Officer shall complete a written report advising the Planning and Zoning Commission of the impacts the proposed PUD would have on planning goals, utilities, taxes, emergency services, traffic, and all properties adjoining the subject site.

Criteria Used for Granting or Denying PUD Status:

The criteria by which the proposed PUD development plan shall be judged shall include but shall not be limited to the following:

Compatibility with surrounding land uses

Setbacks

Public access

Drainage

Traffic circulation and parking

Screening

Building Heights

Landscaping

Lot coverage allowed

Exterior lighting

Lot sizes

Signage

PUD land use composition

14.

Other factors as determined by the Planning and Zoning Commission

3.11.06

PUD Development Plan Required:

At the time the PUD classification application is filed, the applicant shall also file a development plan. A development plan shall include all proposed land uses (by type and acreage), residential density, lot areas, lot widths, lot depths, yard depths and widths, building heights, maximum allowable lot coverage, floor area ratios, parking, public access, landscaping, screening, signage, lighting, amenities, and project phasing (if applicable). It shall also include topography, existing streets, alleys and easements. All public improvements and on-site facilities shall also be identified. If a project is to be completed in phases, the applicant shall submit a development plan for the first phase, and all subsequent phases.

The PUD development plan shall include the following:

A site inventory analysis showing existing vegetation, natural watercourses or standing water, and any flood-prone areas. This analysis shall include graphic and textual material illustrating how the development will affect any such natural features.

A topographic contour map with intervals of no less than ten feet. Significant changes in topography and/or drainage shall be illustrated.

A scale drawing not to exceed 36” x 48” showing any proposed public or private streets and alleys, lots, areas reserved as parks, playgrounds, utility easements, school sites, street changes, including the location and width of all curb cuts. The points of ingress and egress from existing streets shall be delineated. The location and description of existing and proposed utility services, including size of water and sewer mains shall be included. The drawing shall also indicate zoning designation of all abutting sites.

A site plan for proposed buildings, their locations, and distances between buildings and property lines. This should also include an off-street parking plan.

A landscape plan showing all vegetation to be included by key with a plant list.

An architectural drawing with elevations of all uses.

A signage plan if commercial activities will be incorporated into the plan.

Any supplemental data describing standards, regulations, management associations, or other conditions pertinent to the development of the Planned Unit Development. All Planned Unit Developments approved in accordance with this section shall be referenced on the Official Zoning Map and a list of PUDs, including their location and permitted uses shall be maintained in the city by the Zoning Officer.

3.11.07

Waiver and Abandonment:

The failure of a PUD classification holder to substantively act [on] the development plan within a two (2) year period after such plan has been approved by the City Council shall constitute waiver and abandonment of said plan. The Zoning Officer shall give written notification of such impending waiver and abandonment to the holder not less than thirty (30) days prior to such waiver and abandonment.

3.11.08

Regulations:

Mixed-Use Permitted:

Combinations of residential, office, and commercial land use activities shall be permitted under PUD classification. However, no more than thirty percent (30%) of any PUD shall be composed of commercial land use activities.

Yard and Density Modifications:

Lots and yards may be clustered provided overall dwelling unit density ratios are not greater than one hundred and twenty-five percent (125%) of those associated with the largest residential district in which the PUD is located.

Periphery Requirements:

All PUDs shall establish a buffer strip not less than twenty (20) feet wide around the boundaries of the development to provide for a gradual transition between the PUD and adjoining land uses. In addition, where residential development occurs or a major thoroughfare is present, this buffer shall be landscaped and/or screened in accordance with the standards specified by the Planning and Zoning Commission.

Parking Requirements:

Parking area and number of spaces shall comply to regulations for the applicable use as prescribed in Article 6 [Article 5] of this Ordinance.

3.11.09

Provisions for PUD Maintenance:

Creation of a Homeowner's or Business Owner's Association:

The City of Hempstead may at any time accept the dedication of land or any interest therein for public use and maintenance. The City map [may] require the PUD developer to create a homeowners’ association or a business owners’ association to act as the owner and maintenance agent for PUD common open space areas.

Failure to Maintain Common Areas:

In the event that homeowners’ or business owners’ association fails to maintain the PUD Common Open Space or fails to fulfill other conditions associated with the PUD designation, the City may serve written notice on the association, setting forth the manner in which the association has not fulfilled its responsibilities.

Such a notice shall include a demand that the deficiencies be cured within a sixty (60) day period of time. If the deficiencies are not cured within this period, the City, in order to preserve the taxable values of the properties in both the PUD area and surrounding environs, and to prevent the common open space from becoming a public nuisance, may enter upon the common open space, maintain it, and perform other related duties until such time as the association resumes its responsibilities. All costs incurred by the City in carrying out the obligations of the association shall be assessed against the properties within the PUD and a tax lien may be imposed on those same properties.

Failure to Maintain Streets:

In the event that a homeowners’ or business owners’ association fails to maintain a private street of the PUD, the City may serve written notice on the association, setting forth the manner in which the association has not fulfilled its responsibilities.

(Ordinance 00-107 adopted 6/22/2000)

§ 3.12 Lot Standards.

Zoning District	Minimum Lot Area	Minimum Lot Width	Minimum Lot Depth	Maximum Residential Density	Minimum Front Yard	Minimum Rear Yard	Minimum Side Yard	Maximum Lot Coverage	Maximum Lot Height
AR - Agricultural/Residential	6,250 sq. ft.	50 feet	125 feet	1 dwelling	5 feet	5 feet	5 feet	50%	45 feet*
R-1 - Single-Family Residential	6,250 sq. ft.	50 feet	125 feet	1 dwelling	5 feet	5 feet	5 feet	50%	35 feet*
R-2 - Multi-Family Residential	9,375 sq. ft.	75 feet	125 feet	2 dwellings	5 feet	5 feet	5 feet	50%	35 feet
R-3 - Multi-Family Residential	12,500 sq. ft.	100 feet	125 feet	1500 sq. ft./[unit]	5 feet	5 feet	5 feet	75%	35 feet
MH - Manufactured Housing	6,250 sq. ft.	50 feet	125 feet	1 dwelling	5 feet	5 feet	5 feet	50%	35 feet
CBD - Central Business District	None	None	None	NA	None	None	None	100%	50 feet*
NC - Neighborhood Commercial	12,500 sq. ft.	100 feet	125 feet	NA	25 feet	25 feet	15 feet	60%	35 feet
HC - Highway Commercial	12,500 sq. ft.	100 feet	125 feet	NA	25 feet	25 feet	15 feet	65%	35 feet*
PS - Planned Shopping	2 acres	200 feet	200 feet	NA	25 feet	25 feet	15 feet	65%	35 feet*
LM - Light Manufacturing	1 acre	100 feet	100 feet	NA	35 feet	35 feet	25 feet	75%	50 feet*
PUD - Planned Unit Development	2 acres	-	-	-	-	-	-	-	-
*See Section 4.10 - Height Allowances - Cellular Communication/Personal Wireless Facilities

(Ordinance 00-107 adopted 6/22/2000; Ordinance 01-105 adopted 5/21/2001)

§ 3.13 Land Use Matrix.

P = use permitted by right

S = Specific Use Permit required

PUD = Planned Unit Development permitted

P = use permitted by right

S = Specific Use Permit required

PUD = Planned Unit Development permitted

(Ordinance 00-107 adopted 6/22/2000; Ordinance 01-106 adopted 5/21/2001; Ordinance 02-114 adopted 9/16/2002; Ordinance 03-109 adopted 7/21/2003; Ordinance 04-108, sec. 1, adopted 3/15/2004; Ordinance 05-113 adopted 7/5/2005; Ordinance 06-104 adopted 3/20/2006; Ordinance 08-123 adopted 10/20/2008; Ordinance 16-106 adopted 4/18/2016; Ordinance 23-111 adopted 7/17/2023; Ordinance 23-117 adopted 11/6/2023; Ordinance 24-110 adopted 4/15/2024)

§ 3.14 RV - Recreational Vehicle Park.

3.14.01

Purpose.

The City Council finds that properly planned and operated recreational vehicle communities (i.e., recreational vehicle (RV) parks): (1) promote the safety and health of the residents of such communities and of other nearby communities; (2) encourage economical and orderly development of such communities and of other nearby communities. It is, therefore, declared to be the policy of the City to eliminate and prevent health and safety hazards and to promote the economical and orderly development and utilization of land by providing for planned and supervised recreational vehicle communities by providing for the standards and regulations necessary to accomplish these purposes. This Ordinance is enacted in order to achieve orderly development of recreational vehicle parks (RV parks), to promote and develop the use of land to minimize possible negative impacts, and to promote the health, safety and general welfare of the public.

3.14.02

Applicability.

This Ordinance shall apply to the Hempstead RV Park No. 1 recreational vehicle park described in this ordinance.

3.14.03

Definitions.

Accessory structure.

Any structural addition to the recreational vehicle or site, including awnings, cabanas, carports, garages, porches, storage cabinets, storage sheds, and similar appurtenant structures.

Biodegradable.

Capable of being decomposed by biological agents, especially bacteria.

Code official.

The official of the city responsible for the inspection of electrical, mechanical, and plumbing associated with a property.

Controlling interest.

A person or developer who controls at least fifty-one percent (51%) of ownership.

Dry hydrant.

An unpressurized, permanently installed pipe that has one end below the water level of a lake, pond or container.

Fifth-wheel travel trailer.

A towable recreational vehicle mounted on wheels and designed to be towed by a motorized vehicle by means of a towing mechanism that is mounted above or forward of the tow vehicle's rear axle.

Full-time employee.

A person who is responsible for maintenance of the RV park seven (7) days per week. This person may or may not be the owner of the RV park.

Inspection sample well.

This is a sample well located at the property line near where the RV Park's sewer pip and the public sewer pipe connect that serves as an inspection sample well and is at least 30 inches in diameter.

Licensee or agent.

A person who may or may not own the RV park but is the person responsible for the day to day operations including records and license of the park.

Opaque fence.

A fence made of solid materials designed to shield from public view the RV park i.e., is difficult to see through or perceive.

PMRV (also known as a recreational park trailer).

A trailer-type recreational vehicle designed to provide temporary accommodation for recreation, camping or seasonal use.

Public use phone.

A phone used by registrants of the RV park for emergency purposes.

Recreational vehicle or RV.

Any PMRV, camp trailer, travel trailer, motor home or fifth-wheel travel trailer designed to provide temporary living quarters for recreational camping or travel use, constructed with integral wheels to make it mobile and/or towable by motor vehicle. A recreational vehicle is a vehicle which is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projections;

(3)

Self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recreational vehicle park or RV park.

Any lot, tract, or parcel of land upon which accommodation is provided for two or more recreational vehicles used as living or sleeping quarters by the day, week, or month, whether a charge is or is not made. A recreational vehicle park is a unified development of recreational vehicle spaces provided for recreational vehicle use with or without community facilities and permitted permanent buildings.

Recreational vehicle site or RV site.

That part of a lot or area in a recreational vehicle park or RV park that has been reserved for the placement of one recreational vehicle.

3.14.04

License.

Required.

It shall be unlawful for any person to operate any RV park within the City limits unless he/she holds a valid license issued annually by the City of Hempstead in the name of such person for the specific park. The applicant shall make all applications for the licenses on forms furnished by the City of Hempstead, which shall issue a license upon compliance with the provisions of this Ordinance.

Application for renewal.

Application for renewal of a license shall be made in writing by the licensee on forms furnished by the City of Hempstead upon request on or before December 31st of each year. Such application shall contain any changes in the information occurring after the original license was issued or the latest renewal granted.

Fee.

All applications shall be accompanied by a fee set by the City Council.

Approval of transfer.

Every person holding a license shall give notice in writing to the City of Hempstead within ten (10) days after having sold, transferred, given away, or otherwise disposed of interest in or control of any RV park. Application for transfer of a license shall be made within ten (10) calendar days after notification of change covered in this subsection. Within thirty (30) calendar days thereafter, the City of Hempstead shall act on the application for license transfer and it shall be approved if the RV park is in compliance with the provisions of this Ordinance.

Transfer fee.

All applications for license transfer shall be accompanied by a fee as adopted by the City Council.

Suspension.

Whenever, upon inspection of any RV park, the City finds that conditions or practices exist which are in violation of any provisions of this Ordinance applicable to such park, the City shall give notice in writing to the owner and/or manager of the park, and if such conditions or practices have not been corrected in the time frame set forth in the notice, the City will suspend the license and give notice of such suspension. Upon suspension of the license, the licensee shall cease operation of such park.

The suspension of the license may be appealed to the Mayor and City Council as set forth in this Ordinance.

3.14.05

Inspections.

Authorized.

The City is authorized to make such inspections as are necessary to determine compliance with this Ordinance.

Entry on premises.

The person designated by the City to enforce this Ordinance shall have the power to enter at reasonable times upon any private or public property within the purpose of inspecting and investigating conditions relating to the enforcement of this Ordinance.

3.14.06

Notices, hearings and orders.

Notice of violation.

Whenever it is determined that there are grounds to believe that there has been a violation of any provision of this Ordinance and such grounds are proposed to form the basis to denying, revoking or refusing to renew or transfer a license, the City of Hempstead shall give notice of such alleged violation to the licensee or agent, as hereinafter provided. Such notice shall:

Be in writing.

Include a statement of the reasons for its issuance.

Allow ten (10) days for compliance.

Be served upon the owner or licensee or their respective agent; provided that such notice or order shall be deemed to have been properly served upon such licensee or agent when a copy thereof has been served in person or sent by certified mail to his/her last known address.

Contain an outline of remedial action that, if taken, will effect compliance with the provisions of this Ordinance.

If the City mails a notice to a property owner in accordance with this section and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered as delivered.

Appeal from notice.

Any person affected by any notice that has been issued in connection with the enforcement of any provision of this Ordinance affecting the status of their license may appeal this matter in writing to the Mayor within 10 days of such notice; the Mayor will then make a recommendation to City Council for approval a [or] disapproval. The appeal process shall operate as a stay of the notice and of the suspension, except in the case of an order issued under subsection C. of this section.

Order without notice.

Whenever the City finds that an emergency exists which requires immediate action to protect the public health or safety, the designated City official may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring the action to be taken as deemed necessary to meet the emergency. Notwithstanding any other provisions of this section, such order shall be effective immediately, but upon written petition to the City, the applicant or licensee shall be afforded an opportunity to appeal to the Mayor as set forth in this section.

3.14.07

Site development plan.

A site development plan must be prepared and submitted to the City and must include the requirements for site plans contained herein.

3.14.08

Location and screening.

RV parks shall be located in an area regulated by this Ordinance.

Screening of the RV Park is required within fifty (50) feet of a residence. Screening shall consist of an opaque fence at least six feet in height placed on the property line. Where natural barriers are not feasible, an opaque privacy type fence shall be constructed. In either case, the barrier must be a minimum of six (6) feet tall, measured from ground level. Screening design will be reviewed with the RV Park application and site plans and is subject to the approval of the City. No screening barrier or accessory building shall be allowed to obstruct a driver's line of vision for a reasonable distance from any street intersection inside or at an entrance or exit from the RV Park. Opaque fencing must consist of metal or galvanized materials, or brick and mortar or other durable material approved by the City. No wood fences are allowed.

3.14.09

Size and density.

Each RV park must have a minimum size of six (6) acres. The maximum site density for RV parks shall be ten (10) sites per acre. Only one (1) recreational vehicle is permitted per recreational vehicle site.

3.14.10

Size of individual sites; pad requirements; landscaping.

Each recreational vehicle site within the RV park shall have a minimum area of one thousand nine hundred fifty (1,950) square feet and shall be at least thirty (30) feet wide and sixty-five (65) feet in depth. The left 1/3 (10 x 65) of the site or driver's side must be planted with grass and other landscaping; the middle (10 x 65) must be paved with cement and the remaining 1/3 or passenger side can be paved with either cement, asphalt, crushed rock or similar material. The middle portion is to be used for the parking of the recreational vehicle with the paved area on the right used as a parking or patio area.

3.14.11

Street access; street lighting.

Each recreational vehicle site within the RV park shall have access to an internal private roadway, which shall have access to a public street. The entrance of the internal roadway shall have a pavement width of at least thirty (30) feet with an adequate curb radius. The major thoroughfare shall have a pavement width (concrete or asphalt) of twenty-four (24) feet in accordance with City standards. The roadway may be fifteen (15) feet wide if the RV park is designed for one-way roads. Each emergency access lane shall have a clear unobstructed width of twenty-four (24) feet; fifteen (15) feet if one-way and shall have a turning area and radii with a minimum of twenty-five (25) feet to permit free movement of emergency vehicles. Dead-end streets are not allowed.

Metal signs shall or permanent pavement markings be placed along the emergency access lane, by the owner or agent of the RV park stating that parking is prohibited. The sign type, size, height, and location shall be approved by the City.

3.14.12

Required facilities.

Each RV park must have an office for the manager of the RV park, and a bathroom and shower facilities, as well as laundry facilities. All facilities used by those staying at the RV park must be well lit inside and out during the night hours. All facilities must meet applicable codes adopted by the City.

All RV parks shall have at least one (1) recreation area, located as to be free of traffic hazards, easily accessible to all those staying at the RV park and centrally located where topography permits. Not less than ten (10%) percent of the gross park area shall be devoted to recreational facilities. Recreation areas include space for community buildings and community use facilities such as restroom and shower facilities, adult recreation (basketball court or tennis court), walking trails, greenspace and playgrounds for children, and swimming pools, but not including vehicle parking, maintenance and utility areas.

3.14.13

Soil and ground cover.

Exposed ground surfaces in all of parts of the RV parks shall be paved, covered with stone, rock, or other similar solid material, or protected with vegetative cover that is capable of preventing soil erosion and eliminating dust. All surfacing shall be maintained and kept in good repair.

3.14.14

Placement of recreational vehicle for occupancy.

The placement of a recreational vehicle for occupancy shall not be permitted except in an approved recreational vehicle park.

No RV park or recreational vehicle therein shall be used as a permanent residence for any period of time, except for permanent full-time employees of the RV park. No more than one (1) space shall be allowed in an RV park for use as a permanent residence for full time employees. Occupancy or parking of a recreational vehicle within the RV park extending beyond fourteen (14) consecutive days shall be presumed permanent occupancy and is hereby prohibited. A recreational vehicle may not return for a period of sixty (60) days following any stay extending beyond thirteen (13) consecutive days.

3.14.15

Drainage.

The ground surface in all parts of the RV park shall be graded and designed to drain all stormwater and surface water in a safe, efficient manner. Drainage analysis shall be performed by a licensed professional engineer and easements for the conveyance of surface water off-site shall be obtained, if necessary.

3.14.16

Water supply.

Each site within the RV park shall be provided with a connection to the public water supply. The proposed water facility plans must be approved prior to construction by the City and any other entities responsible for the regulation of and provision of public water services. The water distribution system shall be installed as follows:

The water supply system, fixtures and other equipment must be installed in accordance with applicable codes and laws.

A master water meter with communication to the City shall be installed to serve the RV park.

A reduced pressure principal backflow preventer will be required to be placed at the property line on the discharge side of the master meter. In addition, one (1) hose bib backflow preventer must be placed at each of the connections for each RV site.

Water riser service branch lines shall extend at least four (4) inches above ground elevation. The branch line shall be at least 3/4 inch.

Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes. Surface drainage shall be diverted from the location of utility connections at each site.

A shut off valve below the frost line shall be provided near each water riser pipe. There shall be one shut off valve below the frost line for every 10 sites.

The owner/operator shall have complete maintenance responsibility for the water system within the RV park.

Swimming pools are required to have a backflow device.

3.14.17

Wastewater facilities.

Each site within the RV park shall be provided with a connection for wastewater. All proposed wastewater service lines shall be connected to the public wastewater system at a single point consisting of a manhole and nearby inspection sample well. All proposed wastewater facility plans must be approved prior to construction by the City and any other entities responsible for the regulation of and provision of public wastewater treatment services. The wastewater distribution system shall be installed as follows:

The wastewater system and materials must be installed in accordance with applicable codes and statues.

Each site shall be provided with a four-inch diameter wastewater riser and shall extend above grade. Each inlet shall be provided with a gastight seal when connected to a recreational vehicle or have a gastight seal plug when not in service.

The wastewater connection to each site shall consist of a single four-inch service line without any branch lines, fittings, or connections. All joints shall be watertight.

Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four (4) inches above the ground elevation.

Each collection wastewater line shall provide a vent extending a minimum of ten (10) feet in height.

The owner/operator shall have complete maintenance responsibility for the wastewater system within the RV park.

3.14.18

Electrical service.

Each site within the RV park shall be provided with electrical service. All electrical service shall be underground and installed in accordance with the National Electrical Code. The electrical service shall be installed as follows:

A master electric meter shall be installed to serve the RV park. The location of all underground lines shall be clearly marked by surface signs at approved intervals.

Article 551 of the 2017 National Electrical Code Power shall govern electric service in each RV park and site.

Outlets (receptacles or pressure connectors) shall be housed in an Underwriters' Laboratories, Inc. - approved weatherproof outlet box.

A watertight seal shall be provided for underground conduit in floodplain installations and a riser extending a minimum of two (2) feet above the floodplain elevation shall be provided.

All copper conductors are required.

Ringless meters can be required with solid neutral.

Meter loop risers, if required, must be metal.

3.14.19

Sanitary facilities.

Each RV park shall provide the following sanitary facilities as listed below:

Two (2) unisex private bathroom toilets for every twenty (20) sites or fraction thereof (minimum of two (2) is required) for the first one hundred and twenty (120) sites, and two (2) per forty (40) sites thereafter.

One (1) washbasin shall be provided within the toilet room for every two (2) toilets or fraction thereof (a minimum of one (1) is required).

A minimum of two (2) showers shall be provided for each twenty (20) sites or fraction thereof (minimum of two (2) for the first one hundred and twenty (120) sites, and one (1) per forty (40) sites thereafter.

All toilets and shower facilities shall be placed in properly constructed buildings and located not more than six hundred (600) feet from any recreational vehicle site.

Buildings shall be well lit at all times, day or night, be well ventilated with screened openings, and constructed of moisture proof material to permit rapid and satisfactory cleaning, scouring and washing.

The floors shall be of concrete or other impervious material, elevated not less than four (4) inches above grade, and each room shall be provided with floor drains.

A slop sink or basin with water supply shall be in each restroom facility and at least one (1) in the laundry facility, and shall be constructed in accordance with design, size and materials approved by the code official.

Toilet and bathing facilities shall be in separate rooms or partitioned apart in any manner as to provide privacy and promote cleanliness. Each toilet provided in a community toilet house shall be partitioned apart from any other toilet in the same room. The floor surface around the commode shall not drain into the shower floor.

3.14.20

Storage, collection and disposal of refuse and garbage.

Each RV park shall be provided with safe and adequate facilities for the collection and removal of waste and garbage. Storage, collection, and handling shall be conducted so as to create no health hazards, rodent harborage, insect breeding areas, or fire hazards. Trash dumpsters shall be screened on three (3) sides.

3.14.21

Telephone.

A minimum of one (1) landline telephone shall be provided in an easily accessible location twenty-four (24) hours a day, seven (7) days a week for emergency use.

3.14.22

Accessory structures.

The individual sites within the RV park are not allowed to have accessory structures as defined herein.

3.14.23

Registration of guests.

Each person renting a site within a RV park shall provide the following information to the owners, managers, operators or persons in charge of the RV park and shall be able to access such information on site seven days a week 24 hours a day:

Name;

Full address of permanent residence;

Automobile and recreational vehicle license plate number and the state in which each is registered;

Driver's license number of the owner;

The number or letter of the site being rented; and

Date of arrival and departure.

3.14.24

Control of insects, rodents and other pests.

Grounds, buildings and structures in the RV park shall be maintained free of the accumulation of high grass and weeds and debris so as to prevent rodent and snake harborage or the breeding of flies, mosquitoes or other pests.

The RV park owner or manager shall be responsible for maintaining the entire area of the park free of dry brush, leaves, limbs and weeds except in natural areas.

3.14.25

Fire safety standards; fire hydrants.

Open fires shall be allowed only in a fire pit.

A fire hydrant(s) must be placed such that each recreational vehicle site is no further than six hundred (600) feet from one.

Note. Please see diagram of a dry hydrant below:

(Ordinance 22-104 adopted 4/4/2022)

Hempstead City Zoning Code

ARTICLE 3

Zoning Districts

§ 3.01 AR - Agricultural/Residential District.

3.01.01

Description:

3.01.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.01.03

Specific Uses:

Please see Section. 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.01.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all Zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

A lot located in the AR - Agricultural Residential District shall have not less than six thousand two hundred and fifty (6,250) square feet of area.

Lot Width:

A lot located in the AR - Agricultural Residential District shall have not less than fifty (50) feet of width or frontage.

Lot Depth:

A lot located in the AR - Agricultural Residential District shall have not less than one hundred and twenty-five (125) feet of depth.

Front Yard:

Each lot in an AR - Agricultural Residential District shall have a front yard of not less than five (5) feet.

Rear Yard:

Each lot in an AR - Agricultural Residential District shall have a rear yard of not less than five (5) feet.

Side Yard:

Each lot in an AR - Agricultural Residential District shall have a side yards of not less than five (5) feet.

Lot Coverage:

Structures on an AR - Agricultural Residential District lot shall not cover more than fifty percent (50%) of the lot.

Height:

No structure on an AR - Agricultural Residential District lot shall exceed forty-five (45) feet in height.

Building Elevation:

[sic]

3.01.05

Fencing:

All fencing of property in this zoning district shall comply with the fencing regulations contained in this section.

Permit:

Applicant:

Materials:

Engineer Seal:

Materials Prohibited:

Electric:

Barbed Wire:

Maintenance:

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to restore structural integrity and maintain a solid masonry barrier; and

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to the remaining portion of the fence.

Nonconforming:

(a)

The City Council decides not to initiate a public hearing to amend the zoning ordinance; or

(b)

A final zoning decision of the City Council does not render the fence conforming; and

(c)

The following factors must be considered by the City Council in determining a reasonable amortization period:

(a)

The owner's capital investment in the fence on the property before the time the fence became nonconforming.

(b)

Any costs that are directly attributable to the establishment of the compliance date, including demolition expenses.

(c)

Any return on capital investment since inception of the fence, including net income and depreciation.

(d)

The anticipated actual recovery of capital investment, including net income and depreciation.

Nuisance:

(Ordinance 00-107 adopted 6/22/2000; Ordinance 10-107 adopted 6/21/2010; Ordinance 23-110 adopted 6/5/2023)

§ 3.02 R-1 Single-Family Residential District.

3.02.01

Description:

3.02.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.02.03

Specific Uses:

Please see section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.02.04

Area Regulations:

For Comprehensive review of area regulations pertaining to all zoning Districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

A lot located in the R-1 - Single-Family Residential District shall have not less than six thousand two hundred and fifty (6,250) square feet of area.

Lot Width:

A lot located in the R-1 - Single-Family Residential District shall have not less than fifty (50) feet of width or frontage.

Lot Depth:

A lot located in the R-1 - Single-Family Residential District shall have not less than one hundred and twenty-five (125) feet of depth.

Front Yard:

Each lot in a R-1 - Single-Family Residential District shall have a front yard of not less than five (5) feet.

Rear Yard:

Each lot in a R-1 - Single-Family Residential District shall have a rear yard of not less than five (5) feet.

Side Yard:

Each lot in a R-1 - Single-Family Residential District shall have side yards of not less than five (5) feet on each side.

Lot Coverage:

Structures on a R-1 - Single-Family Residential District lot shall not cover more than fifty percent (50%) of the lot.

Height:

No structure in a R-1 - Single-Family Residential District shall exceed thirty-five (35) feet in height.

Building Elevation:

3.02.05

Fencing:

All fencing of property in this zoning district shall comply with the fencing regulations contained in this section.

Permit:

Applicant:

Materials:

Engineer Seal:

Materials Prohibited:

Electric:

Barbed Wire:

Maintenance:

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to restore structural integrity and maintain a solid masonry barrier; and

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to the remaining portion of the fence.

Nonconforming:

(a)

The City Council decides not to initiate a public hearing to amend the zoning ordinance; or

(b)

A final zoning decision of the City Council does not render the fence conforming; and

(c)

The following factors must be considered by the City Council in determining a reasonable amortization period:

(a)

The owner's capital investment in the fence on the property before the time the fence became nonconforming.

(b)

Any costs that are directly attributable to the establishment of the compliance date, including demolition expenses.

(c)

Any return on capital investment since inception of the fence, including net income and depreciation.

(d)

The anticipated actual recovery of capital investment, including net income and depreciation.

Nuisance:

Height:

(Ordinance 00-107 adopted 6/22/2000; Ordinance 10-107 adopted 6/21/2010; Ordinance 12-110 adopted 9/4/2012; Ordinance 23-110 adopted 6/5/2023)

§ 3.03 R-2 - Multifamily Residential District.

3.03.01

Description:

3.03.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.03.03

Specific Uses:

Please See Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.03.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

A lot located in the R-2 - Multifamily Residential District shall have no less than nine thousand three hundred and seventy-five (9,375) square feet.

Lot Width:

A lot located in the R-2 - Multifamily Residential District shall have not less than seventy-five (75) feet of width or frontage.

Lot Depth:

A lot located in the R-2 - Multifamily Residential shall have not less than one hundred and twenty-five (125) feet of depth.

Residential Density:

Density in a R-2 - Multifamily Residential District shall not exceed two (2) primary dwelling units per lot.

Front Yard:

Each lot in a R-2- Multifamily Residential District shall have a front yard of not less than five (5) feet.

Rear Yard:

Each lot in a R-2- Multifamily Residential District shall have a rear yard of not less than five (5) feet.

Side Yard:

Each lot in a R-2 - Multifamily Residential District shall have side yards of not less than five (5) feet on each side.

Lot Coverage:

Structures on a R-2- Multifamily Residential lot shall not cover more than fifty percent (50%) of the lot.

Height:

No structure in a R-2 - Multifamily Residential District shall exceed thirty-five (35) feet in height.

Building Elevation:

3.03.05

Fencing:

All fencing of property in this zoning district shall comply with the fencing regulations contained in this section.

Permit:

Applicant:

Materials:

Engineer Seal:

Materials Prohibited:

Electric:

Barbed Wire:

Maintenance:

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to restore structural integrity and maintain a solid masonry barrier; and

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to the remaining portion of the fence.

Nonconforming:

(a)

The City Council decides not to initiate a public hearing to amend the zoning ordinance; or

(b)

A final zoning decision of the City Council does not render the fence conforming; and

(c)

The following factors must be considered by the City Council in determining a reasonable amortization period:

(a)

The owner's capital investment in the fence on the property before the time the fence became nonconforming.

(b)

Any costs that are directly attributable to the establishment of the compliance date, including demolition expenses.

(c)

Any return on capital investment since inception of the fence, including net income and depreciation.

(d)

The anticipated actual recovery of capital investment, including net income and depreciation.

Nuisance:

(Ordinance 00-107 adopted 6/22/2000; Ordinance 10-107 adopted 6/21/2010; Ordinance 23-110 adopted 6/5/2023)

§ 3.04 R-3 - Multifamily Residential District.

3.04.01

Description:

3.04.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.04.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.04.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lots Standards Matrix, at the end of this section of the Ordinance.

Site Area:

A site located in the R-3 - Multifamily Residential District shall have not less than twelve thousand five hundred (12,500) square feet.

Site Width:

A site located in the R-3 - Multifamily Residential District shall have not less than one hundred (100) feet of width or frontage.

Site Depth:

A site located in the R-3 - Multifamily Residential District shall have not less than one hundred and twenty-five (125) feet of depth.

Residential Density:

Density in an R-3 - Multifamily Residential District shall not exceed 1,500 square feet per unit.

Front Yard:

Each site in an R-3 - Multifamily Residential District shall have a front yard of not less than five (5) feet.

Rear Yard:

Each site in an R-3 - Multifamily Residential District shall have a rear yard of not less than five (5) feet on each side.

Side Yard:

Each site in an R-3 - Multifamily Residential District shall have side yards of not less than five (5) feet on each side.

Lot Coverage:

Structures on an R-3 - Multifamily Residential District lot shall not cover more than seventy-five percent (75%) of the lot.

Height:

No structure in an R-3 - Multifamily Residential District shall exceed thirty-five (35) feet in height.

Building Elevation:

3.04.05

Buffering and Screening:

3.04.06

Fencing:

All fencing of property in this zoning district shall comply with the fencing regulations contained in this section.

Permit:

Applicant:

Materials:

Engineer Seal:

Materials Prohibited:

Electric:

Barbed Wire:

Maintenance:

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to restore structural integrity and maintain a solid masonry barrier; and

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to the remaining portion of the fence.

Nonconforming:

(a)

The City Council decides not to initiate a public hearing to amend the zoning ordinance; or

(b)

A final zoning decision of the City Council does not render the fence conforming; and

(c)

The following factors must be considered by the City Council in determining a reasonable amortization period:

(a)

The owner's capital investment in the fence on the property before the time the fence became nonconforming.

(b)

Any costs that are directly attributable to the establishment of the compliance date, including demolition expenses.

(c)

Any return on capital investment since inception of the fence, including net income and depreciation.

(d)

The anticipated actual recovery of capital investment, including net income and depreciation.

Nuisance:

(Ordinance 00-107 adopted 6/22/2000; Ordinance 01-105 adopted 5/21/2001; Ordinance 10-107 adopted 6/21/2010; Ordinance 23-110 adopted 6/5/2023)

§ 3.05 MH - Manufactured Housing District.

3.05.01

Description:

3.05.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.05.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.05.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Site Area:

A site for an MH - Manufactured Home District shall contain not less than two (2) acres in size.

Lot Area:

A lot located in the MH - Manufactured Home District shall have not less than six thousand two hundred and fifty (6,250) square feet of area.

Lot Width:

A lot located in the MH - Manufactured Home District shall have not less than fifty (50) feet of width or frontage.

Lot Depth:

A lot located in the MH - Manufactured Home District shall have not less than one hundred and twenty-five (125) feet of depth.

Front Yard:

Each lot in an MH - Manufactured Home District shall have a front yard of not less than five (5) feet.

Rear Yard:

Each lot in an MH - Manufactured Home District shall have a rear yard of not less than five (5) feet.

Side Yard:

Each lot in an MH - Manufactured Home District shall have a side yards of not less than five (5) feet on each side.

Height:

No structure in a MH - Manufactured Home District shall exceed thirty-five (35) feet in height.

Lot Coverage:

Structures on a MH - Manufactured Housing District lot shall not cover more than fifty percent (50%) of the lot.

Building Elevation:

3.05.05

In Migration of Additional Mobile Homes Prohibited:

On and after the effective date of the adoption of this Ordinance no additional mobile homes will be permitted to locate within the City of Hempstead.

3.05.06

Location of Manufactured Homes:

3.05.07

Existing Mobile Homes.

Mobile homes are not allowed, except in accordance with the provisions of Section 2.06.14.

(Ordinance 00-107 adopted 6/22/2000; Ordinance 05-111, sec. 2, adopted 6/6/2005; Ordinance 23-110 adopted 6/5/2023)

§ 3.06 CBD - Central Business District.

3.06.01

Description:

3.06.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.06.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.06.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Site Area:

No minimum site area.

Site Width:

No minimum site width.

Site Depth:

No minimum site depth.

Front Yard:

No front, side or rear yards are required.

Site Coverage:

Structures on a CBD - Central Business District lot may cover up to 100% of the lot.

Height:

No structure in a CBD - Central Business District shall exceed fifty (50) feet in height.

(Ordinance 00-107 adopted 6/22/2000)

§ 3.07 NC - Neighborhood Commercial District.

3.07.01

Description:

3.07.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.07.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.07.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

All lots located in the NC - Neighborhood Commercial District shall have not less then twelve thousand and five hundred (12,500) square feet of area.

Lot Width:

Each lot in a NC - Neighborhood Commercial District shall be no less than one hundred (100) feet in width.

Lot Depth:

Each lot in a NC - Neighborhood Commercial District shall have not less than one hundred and twenty-five (125) feet of depth.

Front Yard:

Each lot in a NC - Neighborhood Commercial District shall have a front yard of not less than twenty-five (25) feet.

Rear Yard:

Each lot in a NC - Neighborhood Commercial District shall have a rear yard of not less than twenty-five (25) feet.

Side Yard:

Each lot in a NC - Neighborhood Commercial District shall have side yards of not less than fifteen (15) feet.

Lot Coverage:

Structures on a NC - Neighborhood Commercial District lot shall not cover more than sixty percent (60%) of the lost [lot] area.

Height:

No structure on a NC - Neighborhood Commercial District lot shall exceed thirty-five (35) feet.

3.07.05

Buffering and Screening:

(Ordinance 00-107 adopted 6/22/2000)

§ 3.08 HC - Highway Commercial.

3.08.01

Description:

3.08.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.08.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.08.04

Area Regulations:

For comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

All lots located in the HC - Highway Commercial District shall have not less than twelve thousand and five hundred (12,500) square feet of area.

Lot Width:

Each lot in a HC - Highway Commercial District shall be no less than one hundred (100) feet in width.

Lot Depth:

Each lot in a HC - Highway Commercial District shall have not less than one hundred and twenty-five (125) feet of depth.

Front Yard:

Each lot in a HC - Hempstead [Highway] Commercial District shall have a front yard of not less than twenty-five (25) feet.

Rear Yard:

Each lot in a HC- Hempstead [Highway] Commercial District shall have a rear yard of not less than twenty-five (25) feet.

Side Yard:

Each lot in a HC - Hempstead [Highway] Commercial District shall have side yards of not less than fifteen (15) feet.

Lot Coverage:

Structures on a HC - Highway Commercial District lot shall not cover more than sixty-five percent (65%) of the lot area.

Height:

No structure on a HC - Highway Commercial District lot shall exceed thirtyfive (35) feet.

3.08.05

Buffering and Screening:

(Ordinance 00-107 adopted 6/22/2000)

§ 3.08A HCA - Highway Commercial District A.

3.08A.01

Description:

3.08A.02

Uses Permitted by Right:

Please see section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.08A.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.08A.04

Area Regulations:

For comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

All lots located in the HCA - Highway Commercial District A shall have not less than twelve thousand and five hundred (12,500) square feet of area.

Lot Width:

Each lot in a HCA - Highway Commercial District A shall be no less than one hundred (100) feet in width.

Lot Depth:

Each lot in a HCA - Highway Commercial District A shall have not less than one hundred and twenty-five (125) feet of depth.

Front Yard:

Each lot in a HCA - Highway Commercial District A shall have a front yard of not less than twenty-five (25) feet.

Rear Yard:

Each lot in a HCA - Highway Commercial District A shall have a rear yard of not less than twenty-five feet.

Side Yard:

Each lot in a HCA - Highway Commercial District A shall have side yards of not less than fifteen (15) feet.

Lot Coverage:

Structures on a HCA - Highway Commercial District A lot shall not cover more than sixty-five percent (65%) of the lot area.

Height:

Structures on a HCA - Highway Commercial District A lots do not have a height limitation.

3.08A.05

Buffering and Screening:

(Ordinance 21-103 adopted 4/19/2021)

§ 3.09 PS - Planned Shopping.

3.09.01

Description:

3.09.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.09.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.09.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

All lots located in the PS - Planned Shopping District shall have not less than two (2) acres in area.

A.1.

Lot Width:

Each lot in a PS - Planned Shopping District shall be no less than two hundred (200) feet in width.

Lot Depth:

Each lot in a PS - Planned Shopping District shall have not less than two hundred (200) feet of depth.

Front Yard:

Each lot in a PS - Planned Shopping District shall have a front yard of not less than twenty-five (25) feet.

Rear Yard:

Each lot in a PS - Planned Shopping District shall have a rear yard of not less than twenty-five (25) feet.

Side Yard:

Each lot in a PS - Planned Shopping District shall have side yards of not less than fifteen (15) feet.

Lot Coverage:

Structures on a PS - Planned Shopping District lot shall not cover more than sixty-five (65%) of the lot area.

Height:

No structure on a PS - Planned Shopping District lot shall exceed thirty-five (35) feet.

3.09.05

Buffering and Screening:

Any property developed in this zoning district which adjoins or abuts any residential property shall provide a fifteen foot (15’) wide buffer yard along the entire perimeter of such residential property. Any property developed in this zoning district which adjoins or abuts any residential property shall be screened along the entire perimeter of such lot zoning district by a solid, opaque fence or dense landscaping, created and maintained in accordance with specifications provided by the Hempstead Zoning Officer.

(Ordinance 00-107 adopted 6/22/2000)

§ 3.10 LM - Light Manufacturing District.

3.10.01

Description:

3.10.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.10.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.10.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

All lots located in the LM - Light Manufacturing District shall have not less than one (1) acre in area.

A.1.

Lot Width:

Each lot in a LM - Light Manufacturing District shall be no less than one hundred (100) feet in width.

Lot Depth:

Each lot in a LM - Light Manufacturing District shall have not less than one hundred (100) feet of depth.

Front Yard:

Each lot in a LM - Light Manufacturing District shall have a front yard of not less than thirty-five (35) feet.

Rear Yard:

Each lot in a LM - Light Manufacturing District shall have a rear yard of not less than thirty-five (35) feet.

Side Yard:

Each lot in LM - Light Manufacturing District shall have side yards of not less than twenty-five (25) feet.

Lot Coverage:

Structures on a LM - Light Manufacturing District lot shall not cover more than seventy-five percent (75%) of the lot area.

Height:

No structure on a LM - Light Manufacturing District lot shall exceed fifty (50) feet.

3.10.05

Buffering and Screening:

(Ordinance 00-107 adopted 6/22/2000)

§ 3.11 PUD - Planned Unit Development.

3.11.01

Purpose:

Avoid monotony by allowing greater freedom in selecting the means to provide access, light, open space and amenities; and

3.11.02

Description:

3.11.03

PUD Location and Size:

A PUD shall be permitted in any R-1, R-2, R-3, NC, HC, or PS zone and shall be a minimum of two (2) acres in size.

3.11.04

General Procedure:

3.11.05

Specific Procedure:

Permitted Locations for PUDs:

Zoning Officer Report:

Criteria Used for Granting or Denying PUD Status:

The criteria by which the proposed PUD development plan shall be judged shall include but shall not be limited to the following:

Compatibility with surrounding land uses

Setbacks

Public access

Drainage

Traffic circulation and parking

Screening

Building Heights

Landscaping

Lot coverage allowed

Exterior lighting

Lot sizes

Signage

PUD land use composition

14.

Other factors as determined by the Planning and Zoning Commission

3.11.06

PUD Development Plan Required:

The PUD development plan shall include the following:

A topographic contour map with intervals of no less than ten feet. Significant changes in topography and/or drainage shall be illustrated.

A site plan for proposed buildings, their locations, and distances between buildings and property lines. This should also include an off-street parking plan.

A landscape plan showing all vegetation to be included by key with a plant list.

An architectural drawing with elevations of all uses.

A signage plan if commercial activities will be incorporated into the plan.

3.11.07

Waiver and Abandonment:

3.11.08

Regulations:

Mixed-Use Permitted:

Yard and Density Modifications:

Periphery Requirements:

Parking Requirements:

Parking area and number of spaces shall comply to regulations for the applicable use as prescribed in Article 6 [Article 5] of this Ordinance.

3.11.09

Provisions for PUD Maintenance:

Creation of a Homeowner's or Business Owner's Association:

Failure to Maintain Common Areas:

Failure to Maintain Streets:

(Ordinance 00-107 adopted 6/22/2000)

§ 3.12 Lot Standards.

Zoning District	Minimum Lot Area	Minimum Lot Width	Minimum Lot Depth	Maximum Residential Density	Minimum Front Yard	Minimum Rear Yard	Minimum Side Yard	Maximum Lot Coverage	Maximum Lot Height
AR - Agricultural/Residential	6,250 sq. ft.	50 feet	125 feet	1 dwelling	5 feet	5 feet	5 feet	50%	45 feet*
R-1 - Single-Family Residential	6,250 sq. ft.	50 feet	125 feet	1 dwelling	5 feet	5 feet	5 feet	50%	35 feet*
R-2 - Multi-Family Residential	9,375 sq. ft.	75 feet	125 feet	2 dwellings	5 feet	5 feet	5 feet	50%	35 feet
R-3 - Multi-Family Residential	12,500 sq. ft.	100 feet	125 feet	1500 sq. ft./[unit]	5 feet	5 feet	5 feet	75%	35 feet
MH - Manufactured Housing	6,250 sq. ft.	50 feet	125 feet	1 dwelling	5 feet	5 feet	5 feet	50%	35 feet
CBD - Central Business District	None	None	None	NA	None	None	None	100%	50 feet*
NC - Neighborhood Commercial	12,500 sq. ft.	100 feet	125 feet	NA	25 feet	25 feet	15 feet	60%	35 feet
HC - Highway Commercial	12,500 sq. ft.	100 feet	125 feet	NA	25 feet	25 feet	15 feet	65%	35 feet*
PS - Planned Shopping	2 acres	200 feet	200 feet	NA	25 feet	25 feet	15 feet	65%	35 feet*
LM - Light Manufacturing	1 acre	100 feet	100 feet	NA	35 feet	35 feet	25 feet	75%	50 feet*
PUD - Planned Unit Development	2 acres	-	-	-	-	-	-	-	-
*See Section 4.10 - Height Allowances - Cellular Communication/Personal Wireless Facilities

(Ordinance 00-107 adopted 6/22/2000; Ordinance 01-105 adopted 5/21/2001)

§ 3.13 Land Use Matrix.

P = use permitted by right

S = Specific Use Permit required

PUD = Planned Unit Development permitted

P = use permitted by right

S = Specific Use Permit required

PUD = Planned Unit Development permitted

§ 3.14 RV - Recreational Vehicle Park.

3.14.01

Purpose.

3.14.02

Applicability.

This Ordinance shall apply to the Hempstead RV Park No. 1 recreational vehicle park described in this ordinance.

3.14.03

Definitions.

Accessory structure.

Any structural addition to the recreational vehicle or site, including awnings, cabanas, carports, garages, porches, storage cabinets, storage sheds, and similar appurtenant structures.

Biodegradable.

Capable of being decomposed by biological agents, especially bacteria.

Code official.

The official of the city responsible for the inspection of electrical, mechanical, and plumbing associated with a property.

Controlling interest.

A person or developer who controls at least fifty-one percent (51%) of ownership.

Dry hydrant.

An unpressurized, permanently installed pipe that has one end below the water level of a lake, pond or container.

Fifth-wheel travel trailer.

A towable recreational vehicle mounted on wheels and designed to be towed by a motorized vehicle by means of a towing mechanism that is mounted above or forward of the tow vehicle's rear axle.

Full-time employee.

A person who is responsible for maintenance of the RV park seven (7) days per week. This person may or may not be the owner of the RV park.

Inspection sample well.

This is a sample well located at the property line near where the RV Park's sewer pip and the public sewer pipe connect that serves as an inspection sample well and is at least 30 inches in diameter.

Licensee or agent.

A person who may or may not own the RV park but is the person responsible for the day to day operations including records and license of the park.

Opaque fence.

A fence made of solid materials designed to shield from public view the RV park i.e., is difficult to see through or perceive.

PMRV (also known as a recreational park trailer).

A trailer-type recreational vehicle designed to provide temporary accommodation for recreation, camping or seasonal use.

Public use phone.

A phone used by registrants of the RV park for emergency purposes.

Recreational vehicle or RV.

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projections;

(3)

Self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recreational vehicle park or RV park.

Recreational vehicle site or RV site.

That part of a lot or area in a recreational vehicle park or RV park that has been reserved for the placement of one recreational vehicle.

3.14.04

License.

Required.

Application for renewal.

Fee.

All applications shall be accompanied by a fee set by the City Council.

Approval of transfer.

Transfer fee.

All applications for license transfer shall be accompanied by a fee as adopted by the City Council.

Suspension.

The suspension of the license may be appealed to the Mayor and City Council as set forth in this Ordinance.

3.14.05

Inspections.

Authorized.

The City is authorized to make such inspections as are necessary to determine compliance with this Ordinance.

Entry on premises.

3.14.06

Notices, hearings and orders.

Notice of violation.

Be in writing.

Include a statement of the reasons for its issuance.

Allow ten (10) days for compliance.

Contain an outline of remedial action that, if taken, will effect compliance with the provisions of this Ordinance.

Appeal from notice.

Order without notice.

3.14.07

Site development plan.

A site development plan must be prepared and submitted to the City and must include the requirements for site plans contained herein.

3.14.08

Location and screening.

RV parks shall be located in an area regulated by this Ordinance.

3.14.09

Size and density.

3.14.10

Size of individual sites; pad requirements; landscaping.

3.14.11

Street access; street lighting.

3.14.12

Required facilities.

3.14.13

Soil and ground cover.

3.14.14

Placement of recreational vehicle for occupancy.

The placement of a recreational vehicle for occupancy shall not be permitted except in an approved recreational vehicle park.

3.14.15

Drainage.

3.14.16

Water supply.

The water supply system, fixtures and other equipment must be installed in accordance with applicable codes and laws.

A master water meter with communication to the City shall be installed to serve the RV park.

Water riser service branch lines shall extend at least four (4) inches above ground elevation. The branch line shall be at least 3/4 inch.

Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes. Surface drainage shall be diverted from the location of utility connections at each site.

A shut off valve below the frost line shall be provided near each water riser pipe. There shall be one shut off valve below the frost line for every 10 sites.

The owner/operator shall have complete maintenance responsibility for the water system within the RV park.

Swimming pools are required to have a backflow device.

3.14.17

Wastewater facilities.

The wastewater system and materials must be installed in accordance with applicable codes and statues.

The wastewater connection to each site shall consist of a single four-inch service line without any branch lines, fittings, or connections. All joints shall be watertight.

Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four (4) inches above the ground elevation.

Each collection wastewater line shall provide a vent extending a minimum of ten (10) feet in height.

The owner/operator shall have complete maintenance responsibility for the wastewater system within the RV park.

3.14.18

Electrical service.

A master electric meter shall be installed to serve the RV park. The location of all underground lines shall be clearly marked by surface signs at approved intervals.

Article 551 of the 2017 National Electrical Code Power shall govern electric service in each RV park and site.

Outlets (receptacles or pressure connectors) shall be housed in an Underwriters' Laboratories, Inc. - approved weatherproof outlet box.

A watertight seal shall be provided for underground conduit in floodplain installations and a riser extending a minimum of two (2) feet above the floodplain elevation shall be provided.

All copper conductors are required.

Ringless meters can be required with solid neutral.

Meter loop risers, if required, must be metal.

3.14.19

Sanitary facilities.

Each RV park shall provide the following sanitary facilities as listed below:

One (1) washbasin shall be provided within the toilet room for every two (2) toilets or fraction thereof (a minimum of one (1) is required).

All toilets and shower facilities shall be placed in properly constructed buildings and located not more than six hundred (600) feet from any recreational vehicle site.

The floors shall be of concrete or other impervious material, elevated not less than four (4) inches above grade, and each room shall be provided with floor drains.

3.14.20

Storage, collection and disposal of refuse and garbage.

3.14.21

Telephone.

A minimum of one (1) landline telephone shall be provided in an easily accessible location twenty-four (24) hours a day, seven (7) days a week for emergency use.

3.14.22

Accessory structures.

The individual sites within the RV park are not allowed to have accessory structures as defined herein.

3.14.23

Registration of guests.

Name;

Full address of permanent residence;

Automobile and recreational vehicle license plate number and the state in which each is registered;

Driver's license number of the owner;

The number or letter of the site being rented; and

Date of arrival and departure.

3.14.24

Control of insects, rodents and other pests.

The RV park owner or manager shall be responsible for maintaining the entire area of the park free of dry brush, leaves, limbs and weeds except in natural areas.

3.14.25

Fire safety standards; fire hydrants.

Open fires shall be allowed only in a fire pit.

A fire hydrant(s) must be placed such that each recreational vehicle site is no further than six hundred (600) feet from one.

Note. Please see diagram of a dry hydrant below:

(Ordinance 22-104 adopted 4/4/2022)

Hempstead City Zoning Code

ARTICLE 3

Zoning Districts

§ 3.01 AR - Agricultural/Residential District.

3.01.01

Description:

3.01.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.01.03

Specific Uses:

Please see Section. 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.01.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all Zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

A lot located in the AR - Agricultural Residential District shall have not less than six thousand two hundred and fifty (6,250) square feet of area.

Lot Width:

A lot located in the AR - Agricultural Residential District shall have not less than fifty (50) feet of width or frontage.

Lot Depth:

A lot located in the AR - Agricultural Residential District shall have not less than one hundred and twenty-five (125) feet of depth.

Front Yard:

Each lot in an AR - Agricultural Residential District shall have a front yard of not less than five (5) feet.

Rear Yard:

Each lot in an AR - Agricultural Residential District shall have a rear yard of not less than five (5) feet.

Side Yard:

Each lot in an AR - Agricultural Residential District shall have a side yards of not less than five (5) feet.

Lot Coverage:

Structures on an AR - Agricultural Residential District lot shall not cover more than fifty percent (50%) of the lot.

Height:

No structure on an AR - Agricultural Residential District lot shall exceed forty-five (45) feet in height.

Building Elevation:

[sic]

3.01.05

Fencing:

All fencing of property in this zoning district shall comply with the fencing regulations contained in this section.

Permit:

Applicant:

Materials:

Engineer Seal:

Materials Prohibited:

Electric:

Barbed Wire:

Maintenance:

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to restore structural integrity and maintain a solid masonry barrier; and

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to the remaining portion of the fence.

Nonconforming:

(a)

The City Council decides not to initiate a public hearing to amend the zoning ordinance; or

(b)

A final zoning decision of the City Council does not render the fence conforming; and

(c)

The following factors must be considered by the City Council in determining a reasonable amortization period:

(a)

The owner's capital investment in the fence on the property before the time the fence became nonconforming.

(b)

Any costs that are directly attributable to the establishment of the compliance date, including demolition expenses.

(c)

Any return on capital investment since inception of the fence, including net income and depreciation.

(d)

The anticipated actual recovery of capital investment, including net income and depreciation.

Nuisance:

(Ordinance 00-107 adopted 6/22/2000; Ordinance 10-107 adopted 6/21/2010; Ordinance 23-110 adopted 6/5/2023)

§ 3.02 R-1 Single-Family Residential District.

3.02.01

Description:

3.02.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.02.03

Specific Uses:

Please see section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.02.04

Area Regulations:

For Comprehensive review of area regulations pertaining to all zoning Districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

A lot located in the R-1 - Single-Family Residential District shall have not less than six thousand two hundred and fifty (6,250) square feet of area.

Lot Width:

A lot located in the R-1 - Single-Family Residential District shall have not less than fifty (50) feet of width or frontage.

Lot Depth:

A lot located in the R-1 - Single-Family Residential District shall have not less than one hundred and twenty-five (125) feet of depth.

Front Yard:

Each lot in a R-1 - Single-Family Residential District shall have a front yard of not less than five (5) feet.

Rear Yard:

Each lot in a R-1 - Single-Family Residential District shall have a rear yard of not less than five (5) feet.

Side Yard:

Each lot in a R-1 - Single-Family Residential District shall have side yards of not less than five (5) feet on each side.

Lot Coverage:

Structures on a R-1 - Single-Family Residential District lot shall not cover more than fifty percent (50%) of the lot.

Height:

No structure in a R-1 - Single-Family Residential District shall exceed thirty-five (35) feet in height.

Building Elevation:

3.02.05

Fencing:

All fencing of property in this zoning district shall comply with the fencing regulations contained in this section.

Permit:

Applicant:

Materials:

Engineer Seal:

Materials Prohibited:

Electric:

Barbed Wire:

Maintenance:

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to restore structural integrity and maintain a solid masonry barrier; and

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to the remaining portion of the fence.

Nonconforming:

(a)

The City Council decides not to initiate a public hearing to amend the zoning ordinance; or

(b)

A final zoning decision of the City Council does not render the fence conforming; and

(c)

The following factors must be considered by the City Council in determining a reasonable amortization period:

(a)

The owner's capital investment in the fence on the property before the time the fence became nonconforming.

(b)

Any costs that are directly attributable to the establishment of the compliance date, including demolition expenses.

(c)

Any return on capital investment since inception of the fence, including net income and depreciation.

(d)

The anticipated actual recovery of capital investment, including net income and depreciation.

Nuisance:

Height:

(Ordinance 00-107 adopted 6/22/2000; Ordinance 10-107 adopted 6/21/2010; Ordinance 12-110 adopted 9/4/2012; Ordinance 23-110 adopted 6/5/2023)

§ 3.03 R-2 - Multifamily Residential District.

3.03.01

Description:

3.03.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.03.03

Specific Uses:

Please See Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.03.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

A lot located in the R-2 - Multifamily Residential District shall have no less than nine thousand three hundred and seventy-five (9,375) square feet.

Lot Width:

A lot located in the R-2 - Multifamily Residential District shall have not less than seventy-five (75) feet of width or frontage.

Lot Depth:

A lot located in the R-2 - Multifamily Residential shall have not less than one hundred and twenty-five (125) feet of depth.

Residential Density:

Density in a R-2 - Multifamily Residential District shall not exceed two (2) primary dwelling units per lot.

Front Yard:

Each lot in a R-2- Multifamily Residential District shall have a front yard of not less than five (5) feet.

Rear Yard:

Each lot in a R-2- Multifamily Residential District shall have a rear yard of not less than five (5) feet.

Side Yard:

Each lot in a R-2 - Multifamily Residential District shall have side yards of not less than five (5) feet on each side.

Lot Coverage:

Structures on a R-2- Multifamily Residential lot shall not cover more than fifty percent (50%) of the lot.

Height:

No structure in a R-2 - Multifamily Residential District shall exceed thirty-five (35) feet in height.

Building Elevation:

3.03.05

Fencing:

All fencing of property in this zoning district shall comply with the fencing regulations contained in this section.

Permit:

Applicant:

Materials:

Engineer Seal:

Materials Prohibited:

Electric:

Barbed Wire:

Maintenance:

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to restore structural integrity and maintain a solid masonry barrier; and

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to the remaining portion of the fence.

Nonconforming:

(a)

The City Council decides not to initiate a public hearing to amend the zoning ordinance; or

(b)

A final zoning decision of the City Council does not render the fence conforming; and

(c)

The following factors must be considered by the City Council in determining a reasonable amortization period:

(a)

The owner's capital investment in the fence on the property before the time the fence became nonconforming.

(b)

Any costs that are directly attributable to the establishment of the compliance date, including demolition expenses.

(c)

Any return on capital investment since inception of the fence, including net income and depreciation.

(d)

The anticipated actual recovery of capital investment, including net income and depreciation.

Nuisance:

(Ordinance 00-107 adopted 6/22/2000; Ordinance 10-107 adopted 6/21/2010; Ordinance 23-110 adopted 6/5/2023)

§ 3.04 R-3 - Multifamily Residential District.

3.04.01

Description:

3.04.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.04.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.04.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lots Standards Matrix, at the end of this section of the Ordinance.

Site Area:

A site located in the R-3 - Multifamily Residential District shall have not less than twelve thousand five hundred (12,500) square feet.

Site Width:

A site located in the R-3 - Multifamily Residential District shall have not less than one hundred (100) feet of width or frontage.

Site Depth:

A site located in the R-3 - Multifamily Residential District shall have not less than one hundred and twenty-five (125) feet of depth.

Residential Density:

Density in an R-3 - Multifamily Residential District shall not exceed 1,500 square feet per unit.

Front Yard:

Each site in an R-3 - Multifamily Residential District shall have a front yard of not less than five (5) feet.

Rear Yard:

Each site in an R-3 - Multifamily Residential District shall have a rear yard of not less than five (5) feet on each side.

Side Yard:

Each site in an R-3 - Multifamily Residential District shall have side yards of not less than five (5) feet on each side.

Lot Coverage:

Structures on an R-3 - Multifamily Residential District lot shall not cover more than seventy-five percent (75%) of the lot.

Height:

No structure in an R-3 - Multifamily Residential District shall exceed thirty-five (35) feet in height.

Building Elevation:

3.04.05

Buffering and Screening:

3.04.06

Fencing:

All fencing of property in this zoning district shall comply with the fencing regulations contained in this section.

Permit:

Applicant:

Materials:

Engineer Seal:

Materials Prohibited:

Electric:

Barbed Wire:

Maintenance:

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to restore structural integrity and maintain a solid masonry barrier; and

Repairing or replacing all damaged, removed or missing portions of the fence with like materials to the remaining portion of the fence.

Nonconforming:

(a)

The City Council decides not to initiate a public hearing to amend the zoning ordinance; or

(b)

A final zoning decision of the City Council does not render the fence conforming; and

(c)

The following factors must be considered by the City Council in determining a reasonable amortization period:

(a)

The owner's capital investment in the fence on the property before the time the fence became nonconforming.

(b)

Any costs that are directly attributable to the establishment of the compliance date, including demolition expenses.

(c)

Any return on capital investment since inception of the fence, including net income and depreciation.

(d)

The anticipated actual recovery of capital investment, including net income and depreciation.

Nuisance:

(Ordinance 00-107 adopted 6/22/2000; Ordinance 01-105 adopted 5/21/2001; Ordinance 10-107 adopted 6/21/2010; Ordinance 23-110 adopted 6/5/2023)

§ 3.05 MH - Manufactured Housing District.

3.05.01

Description:

3.05.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.05.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.05.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Site Area:

A site for an MH - Manufactured Home District shall contain not less than two (2) acres in size.

Lot Area:

A lot located in the MH - Manufactured Home District shall have not less than six thousand two hundred and fifty (6,250) square feet of area.

Lot Width:

A lot located in the MH - Manufactured Home District shall have not less than fifty (50) feet of width or frontage.

Lot Depth:

A lot located in the MH - Manufactured Home District shall have not less than one hundred and twenty-five (125) feet of depth.

Front Yard:

Each lot in an MH - Manufactured Home District shall have a front yard of not less than five (5) feet.

Rear Yard:

Each lot in an MH - Manufactured Home District shall have a rear yard of not less than five (5) feet.

Side Yard:

Each lot in an MH - Manufactured Home District shall have a side yards of not less than five (5) feet on each side.

Height:

No structure in a MH - Manufactured Home District shall exceed thirty-five (35) feet in height.

Lot Coverage:

Structures on a MH - Manufactured Housing District lot shall not cover more than fifty percent (50%) of the lot.

Building Elevation:

3.05.05

In Migration of Additional Mobile Homes Prohibited:

On and after the effective date of the adoption of this Ordinance no additional mobile homes will be permitted to locate within the City of Hempstead.

3.05.06

Location of Manufactured Homes:

3.05.07

Existing Mobile Homes.

Mobile homes are not allowed, except in accordance with the provisions of Section 2.06.14.

(Ordinance 00-107 adopted 6/22/2000; Ordinance 05-111, sec. 2, adopted 6/6/2005; Ordinance 23-110 adopted 6/5/2023)

§ 3.06 CBD - Central Business District.

3.06.01

Description:

3.06.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.06.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.06.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Site Area:

No minimum site area.

Site Width:

No minimum site width.

Site Depth:

No minimum site depth.

Front Yard:

No front, side or rear yards are required.

Site Coverage:

Structures on a CBD - Central Business District lot may cover up to 100% of the lot.

Height:

No structure in a CBD - Central Business District shall exceed fifty (50) feet in height.

(Ordinance 00-107 adopted 6/22/2000)

§ 3.07 NC - Neighborhood Commercial District.

3.07.01

Description:

3.07.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.07.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.07.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

All lots located in the NC - Neighborhood Commercial District shall have not less then twelve thousand and five hundred (12,500) square feet of area.

Lot Width:

Each lot in a NC - Neighborhood Commercial District shall be no less than one hundred (100) feet in width.

Lot Depth:

Each lot in a NC - Neighborhood Commercial District shall have not less than one hundred and twenty-five (125) feet of depth.

Front Yard:

Each lot in a NC - Neighborhood Commercial District shall have a front yard of not less than twenty-five (25) feet.

Rear Yard:

Each lot in a NC - Neighborhood Commercial District shall have a rear yard of not less than twenty-five (25) feet.

Side Yard:

Each lot in a NC - Neighborhood Commercial District shall have side yards of not less than fifteen (15) feet.

Lot Coverage:

Structures on a NC - Neighborhood Commercial District lot shall not cover more than sixty percent (60%) of the lost [lot] area.

Height:

No structure on a NC - Neighborhood Commercial District lot shall exceed thirty-five (35) feet.

3.07.05

Buffering and Screening:

(Ordinance 00-107 adopted 6/22/2000)

§ 3.08 HC - Highway Commercial.

3.08.01

Description:

3.08.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.08.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.08.04

Area Regulations:

For comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

All lots located in the HC - Highway Commercial District shall have not less than twelve thousand and five hundred (12,500) square feet of area.

Lot Width:

Each lot in a HC - Highway Commercial District shall be no less than one hundred (100) feet in width.

Lot Depth:

Each lot in a HC - Highway Commercial District shall have not less than one hundred and twenty-five (125) feet of depth.

Front Yard:

Each lot in a HC - Hempstead [Highway] Commercial District shall have a front yard of not less than twenty-five (25) feet.

Rear Yard:

Each lot in a HC- Hempstead [Highway] Commercial District shall have a rear yard of not less than twenty-five (25) feet.

Side Yard:

Each lot in a HC - Hempstead [Highway] Commercial District shall have side yards of not less than fifteen (15) feet.

Lot Coverage:

Structures on a HC - Highway Commercial District lot shall not cover more than sixty-five percent (65%) of the lot area.

Height:

No structure on a HC - Highway Commercial District lot shall exceed thirtyfive (35) feet.

3.08.05

Buffering and Screening:

(Ordinance 00-107 adopted 6/22/2000)

§ 3.08A HCA - Highway Commercial District A.

3.08A.01

Description:

3.08A.02

Uses Permitted by Right:

Please see section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.08A.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.08A.04

Area Regulations:

For comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

All lots located in the HCA - Highway Commercial District A shall have not less than twelve thousand and five hundred (12,500) square feet of area.

Lot Width:

Each lot in a HCA - Highway Commercial District A shall be no less than one hundred (100) feet in width.

Lot Depth:

Each lot in a HCA - Highway Commercial District A shall have not less than one hundred and twenty-five (125) feet of depth.

Front Yard:

Each lot in a HCA - Highway Commercial District A shall have a front yard of not less than twenty-five (25) feet.

Rear Yard:

Each lot in a HCA - Highway Commercial District A shall have a rear yard of not less than twenty-five feet.

Side Yard:

Each lot in a HCA - Highway Commercial District A shall have side yards of not less than fifteen (15) feet.

Lot Coverage:

Structures on a HCA - Highway Commercial District A lot shall not cover more than sixty-five percent (65%) of the lot area.

Height:

Structures on a HCA - Highway Commercial District A lots do not have a height limitation.

3.08A.05

Buffering and Screening:

(Ordinance 21-103 adopted 4/19/2021)

§ 3.09 PS - Planned Shopping.

3.09.01

Description:

3.09.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.09.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.09.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

All lots located in the PS - Planned Shopping District shall have not less than two (2) acres in area.

A.1.

Lot Width:

Each lot in a PS - Planned Shopping District shall be no less than two hundred (200) feet in width.

Lot Depth:

Each lot in a PS - Planned Shopping District shall have not less than two hundred (200) feet of depth.

Front Yard:

Each lot in a PS - Planned Shopping District shall have a front yard of not less than twenty-five (25) feet.

Rear Yard:

Each lot in a PS - Planned Shopping District shall have a rear yard of not less than twenty-five (25) feet.

Side Yard:

Each lot in a PS - Planned Shopping District shall have side yards of not less than fifteen (15) feet.

Lot Coverage:

Structures on a PS - Planned Shopping District lot shall not cover more than sixty-five (65%) of the lot area.

Height:

No structure on a PS - Planned Shopping District lot shall exceed thirty-five (35) feet.

3.09.05

Buffering and Screening:

Any property developed in this zoning district which adjoins or abuts any residential property shall provide a fifteen foot (15’) wide buffer yard along the entire perimeter of such residential property. Any property developed in this zoning district which adjoins or abuts any residential property shall be screened along the entire perimeter of such lot zoning district by a solid, opaque fence or dense landscaping, created and maintained in accordance with specifications provided by the Hempstead Zoning Officer.

(Ordinance 00-107 adopted 6/22/2000)

§ 3.10 LM - Light Manufacturing District.

3.10.01

Description:

3.10.02

Uses Permitted by Right:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.10.03

Specific Uses:

Please see Section 3.13 - Zoning District Matrix, at the end of this section of the Ordinance.

3.10.04

Area Regulations:

For a comprehensive review of area regulations pertaining to all zoning districts, please see Section 3.12 - Lot Standards Matrix, at the end of this section of the Ordinance.

Lot Area:

All lots located in the LM - Light Manufacturing District shall have not less than one (1) acre in area.

A.1.

Lot Width:

Each lot in a LM - Light Manufacturing District shall be no less than one hundred (100) feet in width.

Lot Depth:

Each lot in a LM - Light Manufacturing District shall have not less than one hundred (100) feet of depth.

Front Yard:

Each lot in a LM - Light Manufacturing District shall have a front yard of not less than thirty-five (35) feet.

Rear Yard:

Each lot in a LM - Light Manufacturing District shall have a rear yard of not less than thirty-five (35) feet.

Side Yard:

Each lot in LM - Light Manufacturing District shall have side yards of not less than twenty-five (25) feet.

Lot Coverage:

Structures on a LM - Light Manufacturing District lot shall not cover more than seventy-five percent (75%) of the lot area.

Height:

No structure on a LM - Light Manufacturing District lot shall exceed fifty (50) feet.

3.10.05

Buffering and Screening:

(Ordinance 00-107 adopted 6/22/2000)

§ 3.11 PUD - Planned Unit Development.

3.11.01

Purpose:

Avoid monotony by allowing greater freedom in selecting the means to provide access, light, open space and amenities; and

3.11.02

Description:

3.11.03

PUD Location and Size:

A PUD shall be permitted in any R-1, R-2, R-3, NC, HC, or PS zone and shall be a minimum of two (2) acres in size.

3.11.04

General Procedure:

3.11.05

Specific Procedure:

Permitted Locations for PUDs:

Zoning Officer Report:

Criteria Used for Granting or Denying PUD Status:

The criteria by which the proposed PUD development plan shall be judged shall include but shall not be limited to the following:

Compatibility with surrounding land uses

Setbacks

Public access

Drainage

Traffic circulation and parking

Screening

Building Heights

Landscaping

Lot coverage allowed

Exterior lighting

Lot sizes

Signage

PUD land use composition

14.

Other factors as determined by the Planning and Zoning Commission

3.11.06

PUD Development Plan Required:

The PUD development plan shall include the following:

A topographic contour map with intervals of no less than ten feet. Significant changes in topography and/or drainage shall be illustrated.

A site plan for proposed buildings, their locations, and distances between buildings and property lines. This should also include an off-street parking plan.

A landscape plan showing all vegetation to be included by key with a plant list.

An architectural drawing with elevations of all uses.

A signage plan if commercial activities will be incorporated into the plan.

3.11.07

Waiver and Abandonment:

3.11.08

Regulations:

Mixed-Use Permitted:

Yard and Density Modifications:

Periphery Requirements:

Parking Requirements:

Parking area and number of spaces shall comply to regulations for the applicable use as prescribed in Article 6 [Article 5] of this Ordinance.

3.11.09

Provisions for PUD Maintenance:

Creation of a Homeowner's or Business Owner's Association:

Failure to Maintain Common Areas:

Failure to Maintain Streets:

(Ordinance 00-107 adopted 6/22/2000)

§ 3.12 Lot Standards.

Zoning District	Minimum Lot Area	Minimum Lot Width	Minimum Lot Depth	Maximum Residential Density	Minimum Front Yard	Minimum Rear Yard	Minimum Side Yard	Maximum Lot Coverage	Maximum Lot Height
AR - Agricultural/Residential	6,250 sq. ft.	50 feet	125 feet	1 dwelling	5 feet	5 feet	5 feet	50%	45 feet*
R-1 - Single-Family Residential	6,250 sq. ft.	50 feet	125 feet	1 dwelling	5 feet	5 feet	5 feet	50%	35 feet*
R-2 - Multi-Family Residential	9,375 sq. ft.	75 feet	125 feet	2 dwellings	5 feet	5 feet	5 feet	50%	35 feet
R-3 - Multi-Family Residential	12,500 sq. ft.	100 feet	125 feet	1500 sq. ft./[unit]	5 feet	5 feet	5 feet	75%	35 feet
MH - Manufactured Housing	6,250 sq. ft.	50 feet	125 feet	1 dwelling	5 feet	5 feet	5 feet	50%	35 feet
CBD - Central Business District	None	None	None	NA	None	None	None	100%	50 feet*
NC - Neighborhood Commercial	12,500 sq. ft.	100 feet	125 feet	NA	25 feet	25 feet	15 feet	60%	35 feet
HC - Highway Commercial	12,500 sq. ft.	100 feet	125 feet	NA	25 feet	25 feet	15 feet	65%	35 feet*
PS - Planned Shopping	2 acres	200 feet	200 feet	NA	25 feet	25 feet	15 feet	65%	35 feet*
LM - Light Manufacturing	1 acre	100 feet	100 feet	NA	35 feet	35 feet	25 feet	75%	50 feet*
PUD - Planned Unit Development	2 acres	-	-	-	-	-	-	-	-
*See Section 4.10 - Height Allowances - Cellular Communication/Personal Wireless Facilities

(Ordinance 00-107 adopted 6/22/2000; Ordinance 01-105 adopted 5/21/2001)

§ 3.13 Land Use Matrix.

P = use permitted by right

S = Specific Use Permit required

PUD = Planned Unit Development permitted

P = use permitted by right

S = Specific Use Permit required

PUD = Planned Unit Development permitted

§ 3.14 RV - Recreational Vehicle Park.

3.14.01

Purpose.

3.14.02

Applicability.

This Ordinance shall apply to the Hempstead RV Park No. 1 recreational vehicle park described in this ordinance.

3.14.03

Definitions.

Accessory structure.

Any structural addition to the recreational vehicle or site, including awnings, cabanas, carports, garages, porches, storage cabinets, storage sheds, and similar appurtenant structures.

Biodegradable.

Capable of being decomposed by biological agents, especially bacteria.

Code official.

The official of the city responsible for the inspection of electrical, mechanical, and plumbing associated with a property.

Controlling interest.

A person or developer who controls at least fifty-one percent (51%) of ownership.

Dry hydrant.

An unpressurized, permanently installed pipe that has one end below the water level of a lake, pond or container.

Fifth-wheel travel trailer.

A towable recreational vehicle mounted on wheels and designed to be towed by a motorized vehicle by means of a towing mechanism that is mounted above or forward of the tow vehicle's rear axle.

Full-time employee.

A person who is responsible for maintenance of the RV park seven (7) days per week. This person may or may not be the owner of the RV park.

Inspection sample well.

This is a sample well located at the property line near where the RV Park's sewer pip and the public sewer pipe connect that serves as an inspection sample well and is at least 30 inches in diameter.

Licensee or agent.

A person who may or may not own the RV park but is the person responsible for the day to day operations including records and license of the park.

Opaque fence.

A fence made of solid materials designed to shield from public view the RV park i.e., is difficult to see through or perceive.

PMRV (also known as a recreational park trailer).

A trailer-type recreational vehicle designed to provide temporary accommodation for recreation, camping or seasonal use.

Public use phone.

A phone used by registrants of the RV park for emergency purposes.

Recreational vehicle or RV.

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projections;

(3)

Self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recreational vehicle park or RV park.

Recreational vehicle site or RV site.

That part of a lot or area in a recreational vehicle park or RV park that has been reserved for the placement of one recreational vehicle.

3.14.04

License.

Required.

Application for renewal.

Fee.

All applications shall be accompanied by a fee set by the City Council.

Approval of transfer.

Transfer fee.

All applications for license transfer shall be accompanied by a fee as adopted by the City Council.

Suspension.

The suspension of the license may be appealed to the Mayor and City Council as set forth in this Ordinance.

3.14.05

Inspections.

Authorized.

The City is authorized to make such inspections as are necessary to determine compliance with this Ordinance.

Entry on premises.

3.14.06

Notices, hearings and orders.

Notice of violation.

Be in writing.

Include a statement of the reasons for its issuance.

Allow ten (10) days for compliance.

Contain an outline of remedial action that, if taken, will effect compliance with the provisions of this Ordinance.

Appeal from notice.

Order without notice.

3.14.07

Site development plan.

A site development plan must be prepared and submitted to the City and must include the requirements for site plans contained herein.

3.14.08

Location and screening.

RV parks shall be located in an area regulated by this Ordinance.

3.14.09

Size and density.

3.14.10

Size of individual sites; pad requirements; landscaping.

3.14.11

Street access; street lighting.

3.14.12

Required facilities.

3.14.13

Soil and ground cover.

3.14.14

Placement of recreational vehicle for occupancy.

The placement of a recreational vehicle for occupancy shall not be permitted except in an approved recreational vehicle park.

3.14.15

Drainage.

3.14.16

Water supply.

The water supply system, fixtures and other equipment must be installed in accordance with applicable codes and laws.

A master water meter with communication to the City shall be installed to serve the RV park.

Water riser service branch lines shall extend at least four (4) inches above ground elevation. The branch line shall be at least 3/4 inch.

Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes. Surface drainage shall be diverted from the location of utility connections at each site.

A shut off valve below the frost line shall be provided near each water riser pipe. There shall be one shut off valve below the frost line for every 10 sites.

The owner/operator shall have complete maintenance responsibility for the water system within the RV park.

Swimming pools are required to have a backflow device.

3.14.17

Wastewater facilities.

The wastewater system and materials must be installed in accordance with applicable codes and statues.

The wastewater connection to each site shall consist of a single four-inch service line without any branch lines, fittings, or connections. All joints shall be watertight.

Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four (4) inches above the ground elevation.

Each collection wastewater line shall provide a vent extending a minimum of ten (10) feet in height.

The owner/operator shall have complete maintenance responsibility for the wastewater system within the RV park.

3.14.18

Electrical service.

A master electric meter shall be installed to serve the RV park. The location of all underground lines shall be clearly marked by surface signs at approved intervals.

Article 551 of the 2017 National Electrical Code Power shall govern electric service in each RV park and site.

Outlets (receptacles or pressure connectors) shall be housed in an Underwriters' Laboratories, Inc. - approved weatherproof outlet box.

A watertight seal shall be provided for underground conduit in floodplain installations and a riser extending a minimum of two (2) feet above the floodplain elevation shall be provided.

All copper conductors are required.

Ringless meters can be required with solid neutral.

Meter loop risers, if required, must be metal.

3.14.19

Sanitary facilities.

Each RV park shall provide the following sanitary facilities as listed below:

One (1) washbasin shall be provided within the toilet room for every two (2) toilets or fraction thereof (a minimum of one (1) is required).

All toilets and shower facilities shall be placed in properly constructed buildings and located not more than six hundred (600) feet from any recreational vehicle site.

The floors shall be of concrete or other impervious material, elevated not less than four (4) inches above grade, and each room shall be provided with floor drains.

3.14.20

Storage, collection and disposal of refuse and garbage.

3.14.21

Telephone.

A minimum of one (1) landline telephone shall be provided in an easily accessible location twenty-four (24) hours a day, seven (7) days a week for emergency use.

3.14.22

Accessory structures.

The individual sites within the RV park are not allowed to have accessory structures as defined herein.

3.14.23

Registration of guests.

Name;

Full address of permanent residence;

Automobile and recreational vehicle license plate number and the state in which each is registered;

Driver's license number of the owner;

The number or letter of the site being rented; and

Date of arrival and departure.

3.14.24

Control of insects, rodents and other pests.

The RV park owner or manager shall be responsible for maintaining the entire area of the park free of dry brush, leaves, limbs and weeds except in natural areas.

3.14.25

Fire safety standards; fire hydrants.

Open fires shall be allowed only in a fire pit.

A fire hydrant(s) must be placed such that each recreational vehicle site is no further than six hundred (600) feet from one.

Note. Please see diagram of a dry hydrant below:

(Ordinance 22-104 adopted 4/4/2022)