Hewlett Bay Park City Zoning Code
ARTICLE IV
General Residential District Provisions
§ 146-7 Applicability.
The following regulations shall apply throughout the Residence District.
§ 146-8 Application for construction permit.
Before the construction or alteration of any building or any part of a building is commenced, the person causing such construction or alteration to be done, or his agent or the architect or builder employed in connection with the proposed construction or alteration, shall file in the office of the Village Clerk, addressed to the Board of Trustees of the village, an application for a permit to construct or alter.
§ 146-9 Permitted uses.
[Amended 10-15-1981 by L.L. No. 2-1981; 12-14-1981 by L.L. No. 4-1981; 7-7-1987 by L.L. No. 3-1987; 4-4-1989 by L.L. No. 16-1989; 11-8-1989 by L.L. No. 25-1989; 5-1-1990 by L.L. No. 1-1990; 5-15-2000 by L.L. No. 1-2000; 9-26-2000 by L.L. No. 2-2000; 12-18-2000 by L.L. No. 3-2000; 6-9-2010 by L.L. No. 1-2010; 3-17-2014 by L.L. No. 2-2014; 4-3-2018 by L.L. No. 1-2018; 8-25-2025 by L.L. No. 5-2025]
A building or structure may be erected, altered or maintained, or a lot or premises used, in the A Residence District for any of the purposes stated in this section. No building or structure may be erected, altered or maintained, and no lot or premises used, for any other purpose:
A.
A single-family detached residence, provided that such residence has an enclosed garage for the parking of at least two, but not more than four, automobiles, together with a driveway of sufficient width and area to permit proper ingress and egress for automobiles.
B.
With the permission of the Board of Trustees, a religious use or an educational use, in conformity with any other applicable requirements in this chapter.[1] For the purposes of this section, the term educational use shall be limited to a school accredited or registered with the New York State Board of Regents.
C.
Accessory uses, only as enumerated herein, subject to the limitations provided hereinafter.
(1)
Every accessory use shall be located on the same lot with the permitted principal use. Uses accessory to a principal residential use shall be limited to those uses customarily incidental to the permitted principal use and those accessory uses expressly permitted in this chapter. Uses accessory to a principal nonresidential use shall be limited to those set forth in this section as permitted under such circumstances and those permitted by §§ 146-10, 146-24.1 and 146-24.2.
(2)
Uses accessory to a principal residential use may include a private enclosed garage for parking of two or more, but not more than four, automobiles, but shall not include a carport, with sufficient driveway width and area for the proper ingress and egress of such automobiles. Where the lot on which the accessory use is located has at least one border along or under a pond or waterway, a private boathouse, dock or wharf may be a permitted accessory use. A use accessory to a principal residential use shall not include use of a building or structure for habitable space (e.g., for living, sleeping, eating or cooking).
(3)
The maximum combined building area of all buildings and structures shall not exceed 25% of the lot area for the first 40,000 square feet of lot area plus 10% of the lot area in excess of 40,000 square feet.
(3-a)
No individual accessory building, structure or use shall occupy an area more than 3% of the total lot area, exclusive of any use which is customarily or frequently under water. All accessory buildings, structures and uses shall in the aggregate occupy an area not more than 5% of the total lot area, exclusive of any area which is customarily or frequently under water.
(4)
A use accessory to a principal residential use may include the office of a physician, dentist, architect, teacher, artist, musician, accountant, engineer or lawyer, provided that:
(a)
The office shall be located in the dwelling in which the practitioner resides.
(b)
No more than one sign may be displayed on the premises, with an area not more than 72 square inches and bearing only then name and occupation of the practitioner.
(c)
The use shall be limited to the office of a single practitioner duly licensed under the laws of the State of New York to practice the accessory use.
(d)
No more than one employee or assistant shall be present at any time that the use is being conducted.
(e)
The office shall be located in, and be part of, the principal dwelling on the lot or premises and may not be located in whole or in part in a separate building.
(5)
Not more than one sign, provided that no dimension of such sign may be greater than two feet, and further provided that such sign shall be set back a minimum of 15 feet from each property line. Without the prior permission of the Board of Trustees, no such sign may be maintained for a period in excess of 30 consecutive calendar days nor more than a total of 60 days in any consecutive period of 120 days. Notwithstanding the foregoing, no sign shall be permitted except a sign advertising the sale of the premises on which the sign is located or a sign expressing any view or opinion the expression of which is protected by the United States Constitution or the New York State Constitution.
(6)
Fences, provided that they conform to the following conditions and limitations and a building permit is obtained:
(a)
Permitted materials. The only permitted property line fence materials are aluminum, metal or wood, of an open style design. To be deemed an open style, the open spacing between each vertical element shall be no more than four inches wide. Chain-link fencing is prohibited for front, side and rear fencing but may be used for a dog run within the property.
(b)
Rear lot. A fence may be installed no closer than six inches from a rear lot line and shall not exceed five feet in height. Evergreen landscaping must be planted along the interior side of the fence, and such landscaping must be planted at half of the height of the fence and four feet or less on center and utilize plant species that grow at least to the same height as the fence, as determined by the Building Inspector.
(c)
Side lot. A fence may be installed no closer than six inches from a side lot line, which fencing shall not exceed five feet in height, on either side. Landscaping must be planted along the interior side of the fence; evergreen landscaping must be half of the height of the fence and four feet or less on center.
(d)
In a front yard, starting from the front wall of the building wall, fencing may be erected not exceeding four feet in height and must be screened from public view with evergreen landscaping planted at four feet in height, maintained at said height and planted four feet or less on center, and maintained in good condition at all times. A fence along the front property line shall be set back 10 feet and the required landscaping shall be planted along the exterior of the entire fence or wall, which such landscaping must maintain a five-foot clear buffer from the roadway.
(e)
No fence or landscaping shall be installed or maintained where it constitutes or creates a traffic hazard or unreasonably obstructs the view by any vehicle or pedestrian lawfully on a public right-of-way from or by any vehicle or pedestrian lawfully on the same or any other public right-of-way.
(f)
On a corner lot, within the triangular area bounded by the lot lines connecting at the street corner of the lot and a point 30 feet from that intersection on each of said connecting lot lines, no fencing or plantings shall be installed and/or maintained.
(g)
A fence facing a public right-of-way or Macy Channel shall be an open-type fence. Gates in any such fences shall be limited to open-type gates and only for the purposes of blocking entry to or from a public right-of-way. Notwithstanding the foregoing, a chain link fence satisfactory to the Board of Trustees may be erected on that portion of any property which is contiguous to Macy Channel, provided that the fence shall be not more than four feet in height.
(h)
A fence erected along the boundary of a property which coincides with a boundary line of the village, which shall not exceed eight feet in height. Each such fence shall be of either open design, wood stockade or PVC. No such fence may unreasonably obstruct the view of any vehicle or pedestrian lawfully on a public right-of-way from or by any other vehicle or pedestrian lawfully on the same or another public right-of-way. A finished side of such fence shall face the property on which the fence is located.
(i)
No fence shall be constructed or erected without a building permit, and no such permit shall be issued unless a survey of the property, a photographic depiction of the fence, approved by the Building Inspector and all required permit fees paid.
(j)
Plantings, landscaping, and trees. No owner or occupant of any lot or land in the Village shall permit or maintain on any such lot or land, any portion of plantings, shrubbery and/or trees fronting a paved street, to be located less than five feet from the paved street so as to not obstruct the visibility for vehicular traffic and pedestrians.
(k)
Educational and religious uses. A fence may be erected along the boundary of a property, which shall not exceed six feet in height. Each such fence shall be of open design, wood stockade or PVC. Any other type of fence must obtain approval by the Board of Trustees.
(l)
Fences existing as of July 1, 2025, with a valid permit having been issued by the Building Department, are permitted to remain. Any such fence may be repaired or replaced in its lawfully existing location and no higher than its then lawfully existing height and utilizing identical material. Where such fence is replaced and does not consist of an open style fence, the Building Inspector may require that screening be installed along the outside portion of the fencing.
(7)
No accessory use shall be permitted on any lot or premises, or any part thereof, within the village in connection with any building, structure, lot or premises located outside the village unless:
(8)
A use accessory to a principal residential use may include a swimming pool, subject to the following restrictions and limitations:
(a)
The term "swimming pool," as used herein, shall mean any outdoor structure, tank or excavation intended for or used for the purposes of bathing or swimming, but such term shall not be deemed to include a portable wading pool located above ground and containing not more than 90 square feet of water surface and having a maximum depth of 24 inches or less. The term "swimming pool" shall not include a swimming pool completely and permanently enclosed within a principal dwelling, which swimming pool shall be considered part of the principal use and not an accessory use.
(b)
No swimming pool shall be constructed or erected unless a building permit for the same shall have been issued. An application for such permit shall include plot, site and building plans for the pool, showing dimensions, design, location and use of all structures, equipment, drainage, sanitary filtration, water supply and disposal facilities, fencing, screening and landscaping, covering of pool and such other information as may be requested by the Building Official. Such application shall also include a current certification by a licensed professional engineer that the facilities and equipment for drainage of such pool are or will be adequate and will not interfere with the public water supply system, with existing sanitary and drainage facilities or with public rights-of-way or their use. No drainage onto adjacent properties or a public right-of-way shall be permitted.
(c)
Every swimming pool shall be enclosed by either a good-quality link wire fence or a wrought iron or wrought aluminum fence, or such other type of fence as may be approved by resolution of the Board of Trustees, four feet in height, entirely enclosing the area in which the pool is located. A swimming pool fence located on or within five feet of a property boundary line also shall comply with the requirements of § 146-9C(6) and may be a stockade fence as permitted by that section. Each swimming pool fence shall be properly screened with evergreen shrubs and plants, shall be no closer to any part of the pool than four feet, and shall completely enclose (a) the pool itself or (b) the particular yard area in which the pool is situated or (c) the entire portion of the property behind the rear line of the principal building. A building permit is required for a swimming pool fence.
[1]
In the event that a chain-link fence is utilized, said fence shall extend from the ground to a height of four feet, with top and bottom rails, posts spaced not more than eight feet apart on centers and extending not less than three feet below grade in an eight-inch-diameter concrete footing. Chain-link fabric shall be galvanized steel, two-inch-mesh No. 9 wire. The fabric shall be fastened to posts and rails so that the bottom of the mesh is not more than one-inch above grade. The fabric shall be fastened securely to posts and rails by means of wire clips not more than 30 inches on center.
[2]
In the event that a wrought iron or wrought aluminum fence is installed, it shall extend from the ground to a height of four feet, with top and bottom rails, posts of a minimum diameter of two inches spaced not more than eight feet on centers, and said posts shall extend a minimum of three feet below grade in an eight-inch-diameter concrete footing. Such wrought iron or wrought aluminum fence shall have minimum one-half-inch vertical bars spaced not more than 5 1/2 inches apart and welded to the top and bottom rails, and horizontal bars or rails shall not be less than three feet eight inches from the bottom railing to the next horizontal bar or rail. The bottom rails of such wrought iron or wrought aluminum fences shall not be more than four inches above finished grade.
[3]
In the event that any other type of fence is approved by the Board of Trustees, the Board of Trustees may specify the details of construction and installation of such fence.
(d)
All fences shall be designed to produce a rigid structure and shall be of a sufficient fabrication, construction, design and quality of materials to prevent the accidental entry or unauthorized use of the pool by one or more children.
(e)
All swimming pool barriers, including fencing, and openings in such barrier fences shall comply with the New York State Uniform Code and additional provisions provided in this chapter.
(f)
Each pool and its fences, gates, doors and locks shall at all times be maintained in the same condition as they were at the time the certificate of completion for the same was issued.
(g)
Should the owner of property abandon a swimming pool, or should the Board of Trustees determine that an owner of property has abandoned a swimming pool, the owner of the property where the pool is located shall remove the pool, and fill in or remove the excavation or depression, and restore the surface of the ground to its original grade and approximately the same condition as prior to the installation of the pool. The owner shall notify the Building Inspector of such abandonment, and the completion of the required remediation work, so that the same may be inspected.
(h)
No swimming pool may be installed, constructed or maintained except in a rear yard. Notwithstanding any other provision of this chapter, the pool, including the foundation and mechanical equipment in connection therewith, shall be located not less than 35 feet from the rear lot line, and not less than 30 feet from any side lot line, and in the case of a corner lot, such pool, foundation and equipment shall be located at least 50 feet from any property line abutting a public right-of-way.
(i)
No swimming pool may occupy more than 25% of the area of the rear yard, excluding all garages or other permitted structures. For the purposes of computing the pool area, the base for any springboard or diving platform and the foundation for any mechanical equipment shall be included. Notwithstanding any other provision of this chapter, the area occupied by the pool shall not be included in computing the maximum percentage of lot area upon which buildings or structures may be located. No covering of any kind or nature shall be installed or maintained over any swimming pool except a protective covering which may be installed and maintained at pool level.
(j)
Every swimming pool, and its related equipment and apparatus, shall be used and operated in such manner as not to cause disturbance or annoyance to any other person within the village. No loudspeaker or amplifying devices shall be permitted to be used on or near the pool or in connection with the use of the pool. No pool shall be equipped with lighting other than underwater lighting, and the area surrounding any pool shall be lighted only with lights which do not cast light or glare directly onto any adjoining property.
(9)
A use accessory to a principal residential use may include a tennis or sports court, subject to the following restrictions:
(a)
No tennis or sports court may be constructed, maintained or used on any lot or premises except as a use accessory to a single family residence located on the same lot or premises within the village.
(b)
No tennis or sports court may be constructed or maintained in a front yard, nor within 35 feet of a rear property line, nor within 30 feet of a side property line.
(c)
All tennis or sports courts shall be enclosed with permanent fencing, of a type and design approved by the Building Inspector, sufficient to prevent balls or other implements or equipment used at such location from leaving the premises or immediate vicinity of such court.
(d)
No tennis or other sports court shall be constructed or maintained so as to permit any drainage of water to flow onto adjacent property or a public right-of-way.
(e)
No covering of any type shall be erected or maintained over any tennis or sports court.
(f)
No tennis or other sports court may be constructed, installed or maintained without permission of the Board of Trustees. An application for such permit shall be accompanied by plot, site and construction plans showing location, dimensions, drainage, design, fencing, screening and landscaping, such other information as may be required by the Board of Trustees and payment of an application fee in an amount determined by the Board of Trustees by resolution.[2]
(g)
Any tennis or sports court lawfully constructed or maintained prior to 1981 shall comply with all of the provisions of this section.
§ 146-9.1 Site plan approval.
[Added 5-15-2000 by L.L. No. 1-2000]
A.
No permit shall be granted for a physical alteration or improvement of any property used for any principal use, other than a single-family residence, without the prior approval, by the Board of Trustees, of a site plan for such premises. Where a site plan has been approved for any property, no physical alteration of such property shall be performed other than in accordance with the approved site plan.
B.
As used in this section, the term "physical alteration" shall include, but not be limited to:
(1)
Installation or relocation of parking areas, sidewalks, driveways or other impervious surfaces or outdoor recreational facilities.
(2)
Construction, relocation or removal of any building, structure, or other physical improvement on such property, or alteration of any existing building or structure which results in increased or relocated floor area or building area.
(3)
Subdivision of property into more than one lot.
(4)
A change of the grade or topography of any part of the property.
§ 146-9.2 Changes in topography.
[Added 2-24-2009 by L.L. No. 1-2009; amended 4-20-2009 by L.L. No. 2-2009]
No substantial change shall be made in the topography of any land without the approval of the Board of Trustees after written application. Such approval may be granted without a public hearing, in the discretion of the Board of Trustees. For the purposes of this section, any change in topography in excess of one foot in height or elevation shall be considered a substantial change.
§ 146-9.3 Retaining walls.
[Added 3-17-2014 by L.L. No. 2-2014]
A.
Any wall in excess of 18 inches in height constructed or erected for the purpose of retaining or supporting adjoining earth or rock shall be considered to be a retaining wall.
B.
When the difference between the grades on either side of a wall exceeds 18 inches, it shall be presumed that the wall is retaining or supporting the earth or rock on the higher grade, and such wall shall be considered to be a retaining wall.
C.
No retaining wall may be constructed, erected, or altered without a building permit.
D.
All retaining walls shall be constructed of approved masonry, reinforced concrete, or timber, in accordance with plans approved by the Building Official.
E.
No retaining wall may exceed five feet in height.
F.
No retaining wall may be located within three feet of a property boundary.
G.
No retaining wall may be located within four feet of any other retaining wall.
H.
All retaining walls and surrounding areas of the property shall be designed such that all surface and subsurface drainage water from such retaining walls shall be collected and disposed of on the property on which the retaining wall is located, in accordance with a plan of water collection and disposal system approved by the Building Inspector and the Village Engineer.
I.
The owner and occupant of property on which a retaining wall is located shall maintain such retaining wall, and any surface or subsurface water collection and disposal system, in good working order and in accordance with the approved plans therefor.
§ 146-9.4 Piers.
[Added 5-23-2022 by L.L. No. 3-2022; 8-25-2025 by L.L. No. 3-2025]
A.
Masonry piers are permitted in a front yard subject to the provisions of this section.
B.
Masonry piers without gates attached thereto shall:
(1)
Contain a brick or stone masonry exterior;
(2)
Not exceed a horizontal area of four square feet, if square, and a two-foot radius, if round. No other shape shall be permitted;
(3)
Not exceeding a height of five feet, excluding any light fixture;
(4)
Not be located within three feet of an adjoining property; and
(5)
Be located within the boundaries of the property on which the piers are located, and in no event closer than 10 feet from the paved area of an adjoining roadway.
C.
Masonry piers with attached gates shall:
(1)
Contain a brick or stone masonry exterior, with the exception of the cap, which may be concrete;
(2)
Not exceed a horizontal area of four square feet, if square, and a two-foot radius, if round. No other shape shall be permitted;
(3)
Not exceed a height of five feet, excluding any light fixture;
(4)
Not be located within three feet of an adjoining property;
(5)
Be located within the boundaries of the property on which the piers are located, and in no event closer than 20 feet from the paved area of an adjoining roadway;
(6)
Open inward of the property or can be a gate that slides open from side to side within the boundaries of the property;
(7)
Be of similar design to the primary dwelling; and
(8)
Not exceed five feet in height including any decorative elements.
D.
There shall be not more than two piers permitted per driveway access, and for a semicircular driveway no more than four piers and not less than 20 feet between any such piers.
E.
No light fixture may extend beyond the exterior plane of the pier.
F.
No cap shall extend more than three inches beyond the exterior planes of the pier or have a height in excess of four inches.
§ 146-9.5 Special permit criteria.
[Added 12-16-2024 by L.L. No. 7-2024]
Where the Code provides for a special permit approval by the Board of Trustees, and except as otherwise provided in § 146-24.3, the identified board (the "Board") is hereby authorized to review and approve, approve with modifications or disapprove special permit applications. The Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed uses and the protection of the health, safety and welfare of the Village and its residents. In the consideration and determination of applications for special permit uses, the Board shall consider the following general standards as applied to the specific application.
A.
The purpose of zoning as set forth in the Village Law of the State of New York and uses permitted in the district in which the property is located.
B.
Whether the proposed use is of such character, size, location, design and site layout as to be appropriate to and in harmony with the surrounding properties.
C.
Whether the proposed use may provide a service, facility or convenience to the Village and/or the area or otherwise contribute to the proper growth and development of the Village and to its general welfare.
D.
Whether the proposed use may have an adverse impact on the public health, safety and welfare.
E.
Whether the proposed use may be hazardous, conflicting or incongruous to the immediate neighborhood by reason of excessive traffic, excessive noise, excessive physical alteration, assembly of persons or vehicles, proximity to travel routes or gatherings of children or pedestrians.
F.
Whether the proposed use may be of such nature as to be objectionable to nearby residential dwellings by reason of noise, lighting, vibration or other factors of impact.
G.
Whether the proposed use may interfere with the use and enjoyment of the adjoining properties by the owners or occupants thereof.
H.
Whether the proposed use may be a harmonious use in the district in which it is to be situated and not hinder or discourage the appropriate use and development of adjacent uses or impair the value thereof.
I.
The location and size of a proposed use, the nature and intensity of the operations proposed and the site layout and its relation to access streets shall be considered by the Board to determine whether the vehicular traffic resulting from such use will be more hazardous than the normal traffic of the district, taking into account such factors as street intersection, traffic flow, sight distances, pedestrian traffic and gathering of persons in connection with the proposed use and nearby uses.
J.
The proposed impacts on drainage, stormwater and groundwater, particularly on impacts resulting to neighboring properties or public rightsof-way abutting or nearby the proposed use.
K.
The proposed use will not require such additional public facilities or services or create such fiscal burdens upon the Village greater than those which characterize uses permitted by right.
L.
In addition to the plans identified in the applicable section authorizing a special permit, the Board may require the submission of plans depicting all proposed elements of the proposed special use that would assist the Board with addressing the criteria herein.
M.
A limitation may be imposed upon the time period for which the special permit is valid, or upon the transfer of the special permit from one owner or user to another.
N.
The Board may, as a condition of approval of any special permit use, establish any other additional standards, conditions and requirements, including a limitation on hours or days of operation, as it may deem necessary or appropriate to promote the public health, safety and welfare and to otherwise implement the intent of this chapter.
§ 146-10 Air conditioning.
[Amended 11-8-1989 by L.L. No. 25-1989]
The construction or alteration of a central air-conditioning unit which is designed and intended to provide central air conditioning for one or more buildings on the lot and located outside of a building is hereby deemed to be an alteration requiring the filing of an application for a building permit. Such application shall contain a statement of the full name and residence of each of the persons having an interest as owner, tenant or otherwise and of the use to which the building is to be put and such other information as the Board of Trustees may require. Air-conditioning fixtures and units which are designed and intended to provide central air conditioning for one or more buildings on the lot and located outside of a building shall not be less than 30 feet from the side property line nor 35 feet from the rear lot line. Said application shall be accompanied by such plans and drawings and such a diagram of the lot showing the exact location of the existing and proposed buildings. The application will be filed with the Village Clerk, together with a fee established by the Board of Trustees.[1]
§ 146-11 Height of buildings or structures.
[Amended 11-21-2011 by L.L. No. 2-2011]
No building or structure shall have a height greater than 2 1/2 stories or 35 feet, whichever is less.
§ 146-12 Height/setback ratios.
§ 146-13 Building area.
The building area shall not exceed 25% of the lot area.
§ 146-13.1 Lot coverage limitations.
[Added 3-17-2014 by L.L. No. 2-2014; 8-25-2025 by L.L. No. 4-2025]
B.
Not more than 30% of the area of a lot may be covered by impervious surface(s).
C.
Notwithstanding the limitations set forth in Subsections A and B above, an additional 5% of the total area of the side and rear yards may be covered only with permeable surfaces. This additional allowance shall not be used to increase the footprint or enclosed area of the dwelling or any other structure. For the purpose of calculating this allowance, the footprint of the dwelling shall be excluded from the total side and rear yard area.
§ 146-14 Livable floor area.
"Livable floor area" means the total floor area used, designed and available to be used for living accommodations on all stories of the principal building, excluding basement, rooms for heating equipment, open porches, breezeways, unheated areas and garage, but including any living space over such garage. In rooms with sloped ceilings, only those areas where headroom is greater than five feet may be included, provided that at least 50% of this total area has a minimum ceiling height of seven feet six inches. Walls and partitions may be included.
§ 146-15 Floor area requirements.
No dwelling shall hereafter be erected in any residence district unless it complies with the following livable floor area requirements:
A.
Minimum total livable floor area: 2,625 square feet, unless all of the livable floor area is on the ground or first story, in which case the total livable floor area shall not be less than 3,000 square feet.
B.
Minimum livable first-floor area in other than one-story buildings: 1,750 square feet.
C.
Minimum livable floor area in each level above the first floor in other than one-story buildings: 875 square feet or 40% of the livable floor area of the story immediately below it, whichever is greater.