Hewlett Bay Park City Zoning Code
ARTICLE IX
General Provisions
§ 146-39 Required open space.
A.
No lot area shall be so reduced that the dimensions of any of the open spaces shall be smaller than as herein described.
B.
Easements, licenses and/or rights-of-way for egress and ingress to adjoining lots shall not be included in computing the width or depth of front, rear or side yards of any plot.
§ 146-40 Buildings under construction.
Nothing herein contained shall require any change in the plans, construction or designated use of a building, the construction of which shall have been started before the date of the passage of this chapter.
§ 146-41 Interpretation.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of public health, safety, morals, comfort, convenience and general welfare of the village. It is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with existing easements, covenants or other agreements heretofore or hereafter made between parties affecting lots located within the village; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards or other open spaces than are imposed or required by the provisions of such easements, covenants or agreements, the provisions of this chapter shall control.
§ 146-42 Remedies.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used, in violation of this chapter or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
§ 146-43 Declaration of nuisance.
Continued violation of any provisions of this chapter is hereby declared a public nuisance.
§ 146-44 Use of land by village.
Nothing in any article of this chapter shall prevent the use by the village of any land in any zone for the erection of a building or the use by the village of any building in the discharge of its municipal functions or the proper care of municipal property, and in that connection no building permit or certificate of occupancy shall be required.
§ 146-47 Carports.
[Added 2-25-2025 by L.L. No. 1-2025]
A.
When connected to a dwelling, a carport shall be deemed a part of the dwelling for zoning purposes and shall be subject to area and bulk regulations applicable to primary dwellings.
B.
Not more than two vehicles shall be permitted in a carport.
C.
Each detached carport shall be at least 20 feet from all rear and side lot lines, 50 feet from any street and no closer to any street than the primary building line in the front yard of the premises abutting the applicable street.
D.
No detached carport shall be closer than five feet from a dwelling on the premises. A breezeway or other roof element connecting a carport to a dwelling renders the carport to be part of the dwelling, and as such, is subject to area and bulk regulations applicable to primary dwellings.
E.
No carport shall be greater than 12 feet in height
F.
No carport shall exceed 525 square feet in total lot area.
G.
A carport shall be constructed of materials and design consistent with the existing dwelling.
H.
No carport is permitted without first obtaining approval from the Design Review Board in accordance with Chapter 66.
I.
No storage, except motor vehicles, shall be permitted in a carport.
J.
The entire carport must be located on a driveway with access to the street.
K.
A carport must be screened from the adjoining property with evergreen plantings planted at a minimum height of six feet, subject to approval by the Design Review Board. Plantings shall be at least six feet in height and planted four feet on center. The plantings shall be maintained in good condition so long as a carport remains on the premises.
L.
Any carport constructed prior to June 30, 2025, i) for which a valid certificate of occupancy, completion or existing use has been issued by the Building Department or ii) that is the subject of a pending building permit application filed with the Building Department prior to June 30, 2025, may continue to remain in its approved location. If the building permit application is not closed out and a certificate of occupancy or completion not issued by June 30, 2026, the carport shall be subject to the remaining provisions of this section
§ 146-48 Portable bathrooms.
[Added 12-16-2024 by L.L. No. 5-2024]
A.
Portable bathrooms shall be permitted on private property in connection with a permit for construction, renovations or alterations on the same property or during an approved on-site event or party. Portable bathrooms are only permitted on a property: (i) where there is active construction and a current building permit; or (ii) during a party, and in a location approved by the Building Inspector in accordance with this Code section.
B.
A portable bathroom shall be removed from the premises: (i) when a permit has expired; (ii) no current permit exists for construction work on a premises; and/or (iii) the day after conclusion of the party.
C.
No portable bathroom shall be located in a front yard.
D.
A portable bathroom shall be hidden from view from the street and neighboring properties.
E.
Where it can be demonstrated by a property owner that an otherwise permitted portable bathroom cannot feasibly be located in a rear yard or side yard, upon such demonstration to the satisfaction of the Building Inspector, the Building Inspector may waive the aforesaid front yard prohibition.
F.
No portable bathroom may be located within five feet of a side or rear property line.