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Hewlett Bay Park City Zoning Code

ARTICLE I

Title and Definitions

§ 146-1 Title.

This chapter shall be known and may be cited as the "Building Zone Ordinance of the Village of Hewlett Bay Park."

§ 146-2 Usage and definitions.

[Amended 4-4-1989 by L.L. No. 16-1989; 11-21-2011 by L.L. No. 2-2011; 3-17-2014 by L.L. No. 2-2014; 12-16-2024 by L.L. No. 5-2024; 2-25-2025 by L.L. No. 1-2025; 8-25-2025 by L.L. No. 4-2025]
A. 
Word usage. Words used in the singular number include the plural, and vice versa; the present tense includes the future; the masculine gender includes the feminine and neuter; and the word "building" includes the word "structure," "lot" includes the word "plot"; and the word "shall" is always mandatory.
B. 
Definitions. Unless otherwise expressly stated, the following words shall, for the purposes of this chapter, have the meanings herein indicated:
ACCESSORY BUILDING OR STRUCTURE
A building or structure subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building. No accessory building or structure may be used as habitable space (e.g., for living, sleeping, eating or cooking).
BUILDING
Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of people, animals, or property.
BUILDING AREA
The aggregate of the maximum horizontal cross-section area(s) of the building and structures on a lot, including all cornices, eaves, gutters or chimneys, porches, bay windows, balconies, terraces or any other projection.
CARPORT
A roofed structure accessory to or attached to a dwelling, used or intended for the storage of one or more motor vehicles, which is not enclosed on all sides by walls or doors.
DEPTH OF A LOT
The mean distance from a street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot. The "width of a lot" is the mean width measured at right angles to its depth.
FAMILY
One or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons, but not exceeding two, living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage shall be deemed to constitute a "family."
FENCE
A structure erected around or by the side of any open space to prevent passage in or out, especially enclosing or separating yards.
FLOOR AREA
The number of square feet of all used or usable floors, regardless of the number of stories and including floors below grade.
FRONT YARD
A yard across the full width of the lot, extending from the front wall of the building to the front line of the lot.
GROUND, MEAN LEVEL OF
The average elevation of the ground level measured along the entire foundation and not the mean between the highest and lowest points.
GROUND OR FIRST STORY
The lowest story entirely above the level of the ground in front of the building.
HEIGHT
(1) 
The height of a principal building shall be the vertical distance measured from the mean level of the ground to the highest point of the roof for flat roofs and mansard roofs, and to a point midway between the eaves and the peak for gable, hip, or gambrel roofs. Notwithstanding any height limit contained in this chapter, a chimney, antenna or similar projection shall not be included in the height. No principal building shall exceed 2 1/2 stories or 35 feet in height, whichever is less.
(2) 
The height of an accessory building or structure with a peaked roof shall not exceed 17 feet. The height of any other accessory building or structure shall not exceed 13 feet. The height of an accessory building or structure shall be the vertical distance measured from the mean level of the ground to the highest point of the building or structure.
(3) 
For the purposes of this definition, a gable, hip or gambrel roof shall be a roof with a slope of at least four feet vertically for every 12 feet horizontally. In the event of a dispute as to the type of roof on a building, the Building Inspector shall determine which of the specified roof types is most closely similar.
HEIGHT/SETBACK RATIO
A theoretical inclined plane through which no portion of a building, other than minor architectural features consisting of chimneys, skylights, dormer windows, and cupolas not covering in the aggregate more than 10% of the entire roof area and other than cornices, eaves, gutters, and flues projecting not more than 18 inches, shall penetrate. The ratio begins at the ground level of a property lot line and rises over the zoning lot at a maximum ratio of vertical distance as set forth in this chapter. The height/setback ratio as established in the zoning regulations shall be measured using either the front, side or rear property line as may be appropriate for the particular ratio being applied.
IMPERVIOUS SURFACE
Footprint of all buildings, structures, and covered surfaces, including but not limited to dwellings, garages, cabanas, tennis courts, sports courts, pools, spas, driveways, pavement, patios, paved areas, pavers, bricks, gravel (50% of gravel area counts as impervious surface), walkways, walls, artificial turf, fences, piers, and equipment pads. All impervious and permeable or pervious surfaces shall be calculated in the lot coverage. Excluded areas include grass, plants, trees, brush and other natural growth.
LOT
A parcel of land used or intended to be used for a building and accessory buildings, excluding any part in a street or parkway.
LOT AREA
As applicable to this chapter, refers to the land exclusive of the street or parkway areas.
NONCONFORMING USE
A use or activity which was lawful at the time it was established or at any point in time thereafter, but which fails to conform to the requirements of the zoning district in which it is located by reason of subsequent adoption or amendment of the zoning regulations.
NONCONFORMING BUILDING, LOT OR STRUCTURE
A building, lot or structure, the size, dimension or location of which was lawful at the time it was established or at any point in time thereafter, but which fails to conform to the requirements of the zoning district in which it is located by reason of subsequent adoption or amendment of the zoning regulations.
ONE-AND-ONE-HALF-STORY BUILDING
A building where the main eaves of the one-half story are below the mid-height of such one-half story.
ONE-HALF STORY OF A BUILDING
One where the livable floor area is at least 40% of the livable floor area of the story immediately below it and the main eaves of which are below the mid-height of such one-half story.
PARKING SPACE
An off-street or surfaced space available and usable for the parking of one motor vehicle, having dimensions of not less than 10 feet by 20 feet exclusive of passageways, aisles, driveways and other required space appurtenant thereto and giving access thereto, and having direct access to a street.
PORTABLE BATHROOM
A free-standing, movable toilet enclosure or container that is not connected to a sanitary sewer system.
PRIVATE GARAGE
An accessory building used for the storage of not more than four automobiles owned and used by the owner or tenant of the lot on which it is erected for a purpose accessory to the use of the lot.
REAR YARD
A yard across the full width of the lot, extending from the rear wall of the building to the rear line of the lot.
SCREEN
A structure or planting of shrubs which will obstruct the view to or from any open space.
SIDE YARD
A yard extending from the front yard to the rear yard between the building and the adjacent side line of the lot.
SINGLE-FAMILY DWELLING
A building designed for and occupied exclusively as a home or residence by not more than one family.
STORY
That portion of a building or structure included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the surface of the floor and the top of the ceiling beams next above it. A basement shall be counted as a story if the underside of the finished first floor is more than four feet above the mean level of the ground.
STREET
(1) 
A street or parkway shown on the Official Map or Plan of the village or any amendment or modification thereof;
(2) 
Any existing state, county, town or village highway; or
(3) 
A street shown upon a subdivision plot duly filed in the office of the Clerk of the County of Nassau and which said street has been dedicated to and accepted by the village.
STREET LINE
The dividing line between a lot and a street (either public or private) or a parkway.
STRUCTURE
Any combination of materials, other than a building, constructed or erected on, above or below the surface of the ground including but not limited to fences, walls, swimming pools, and tennis and sports courts.
YARD
An open, unobstructed, unoccupied space on the same lot with a building, except as otherwise provided in this chapter.