Hewlett Harbor City Zoning Code
ARTICLE I
General Provisions
§ 145-1 Title.
This chapter shall be known and may be cited as the "Building Zone Ordinance of the Village of Hewlett Harbor."
§ 145-2 Usage and definitions.
[Amended 12-19-1957 by Ord. No. 53; 9-13-1973; 6-13-1974; 8-14-1975 by L.L. No. 3-1975; 2-8-1996 by L.L. No. 1-1996; 9-9-2004 by L.L. No. 5-2004; 6-14-2007 by L.L. No. 5-2007; 3-10-2016 by L.L. No. 1-2016; 3-10-2016 by L.L. No. 2-2016; 3-10-2016 by L.L. No. 3-2016; 3-10-2016 by L.L. No. 4-2016; 3-10-2016 by L.L. No. 5-2016; 5-8-2025 by L.L. No. 4-2025]
A.
Words used in the present tense include the future; the singular number includes the plural; and the plural number includes the singular.
B. ACCESSORY BUILDINGS ACCESSORY USES ALTERATION BASE PLANE BUILDING AND STRUCTURES BUILDING AREA CORNER LOT DEPTH OF A LOT FAMILY FLOOR AREA FLOOR AREA RATIO (F.A.R.) IN A DWELLING FRONT BUILDING LINE FRONT YARD GROUND FLOOR HEIGHT OF ACCESSORY BUILDINGS AND STRUCTURES HEIGHT OF BUILDING DWELLING HEIGHT/SETBACK PLANE LIVABLE FLOOR AREA LOT LOT COVERAGE(1) (2) PLACE OF ASSEMBLY REAR BUILDING LINE REAR YARD SCHOOL SIDE BUILDING LINE SIDE YARD STORY STORY, HALF STREET LINE STREET WALL HEIGHT WIDTH OF A LOT YARD
As used in this chapter, the following terms shall have the meanings indicated:
All buildings devoted to accessory uses.
All uses customarily incident to the use of a building or premises as a dwelling, and shall include all of the uses specified as accessory in this chapter.
As applied to any building or structure, means any change or rearrangement in the structural parts or exterior wall or framework or existing facilities or any enlargement, whether by extending on any side, front or rear line or by increasing any height or by moving from one location or position to another.
All heights and elevations referred to in this Code shall be measured from a horizontal plane at the mean elevation of the crown in the street running along the frontage of the zoning lot.
Any combination of materials above or below the surface of the ground, including but not limited to buildings, fences, walls, swimming pools, tennis courts and accessory buildings and structures excluding driveways and walkways that do not rise above adjacent ground elevations and existing patios that do not rise above adjacent ground elevations and are not located within required setback yards.
The area in square feet of the maximum horizontal cross section of a building on a lot, including roofed or unroofed porches, raised terraces and decks, patios on or below grade, excluding patio areas not exceeding 200 square feet that are not located within the required setback yards for dwellings, stoops not exceeding 30 inches above grade and 32 square feet in area, eaves, gutters, chimneys, driveways and walks.
A parcel of land at the junction of two or more intersecting streets.
The mean distance from the street line of a lot to its rear line, measured in the general direction of the side lines of the lot.
One or more persons related by blood, adoption or marriage living and cooking together as a single housekeeping unit, exclusive of household servants employed as such full time. 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.
The sum in square feet of the areas of all floors of a building, measured from exterior surfaces of exterior walls, including habitable areas in floors below grade and habitable areas in half stories.
The ratio of the total gross floor areas of all floors in square feet at or above the existing grade level at the street front building wall, measured from exterior surfaces of exterior walls divided by the area in square feet of the lot. This calculation is based on a maximum ceiling height of nine feet, except 10 feet on the first floor. These dimensions may be interchanged so that the total of the first and second floors does not exceed 19 feet. In any area where the ceiling height exceeds nine feet, the gross area of that space shall be multiplied by its average ceiling height divided by nine.
A line across the lull width of a lot parallel with the street line. It is not necessarily the front of the house, nor does it necessarily contain the main entrance to the house. In case of a corner lot or a lot between two streets, there is a front building line parallel to each street. In case of a lot between two streets, the yard abutting a mapped street that is unpaved and unopened to vehicular traffic shall be considered a rear yard with a rear building line.
A yard situated on the same lot with a building between the front building line and the street line.
In the case of a building of which the lowest story is designed or constructed partly at one level and partly at a different level, the "ground floor" shall be deemed to consist of the portions thereof at the lowest level plus any other portions thereof whose floor is less than 3 1/2 feet higher than that of the portion at the lowest level.
The vertical distance measured from the existing mean grade level around the perimeter of such accessory building or structure to the highest point of any part of the accessory building or structure.
The vertical distance from the base plane to the highest point of any part of the building.
The height/setback planes for a given zoning lot are a series of theoretical inclined planes through which no part of a dwelling structure shall penetrate. These planes begin at the elevation of the base plane and at each of the front, side and rear property lines, and extend toward the required setback line so that the inclination of the height set back plane will be no higher than 22 feet when said plane crosses the setback line.
The total floor area used or usable for living accommodations on all stories of the principal building, excluding basement, open porches, breezeways, unheated areas except on the second or third stories, and attached garages. It is not necessary that the floor area be enclosed with walls, or finished, if it otherwise falls within this definition. In computing livable floor area, the areas occupied by walls, partitions, chimneys, stairways and closet space shall be included, but no floor area shall be included where the height between the floor and the ceiling is less than eight feet, except in the cases stated in Article II of this chapter.
A parcel of land occupied, or designed to be occupied, by one main building and the accessory buildings or uses customarily incident to it, including such open spaces as are arranged or designed to be used in connection with such building or use. It includes the word "plot." A "lot" may or may not be the land shown as a separate parcel on a duly recorded map, sales map or developer's diagram.
The percentage of the total area of a zoning lot covered by impervious materials.
For purposes of this section of the Code, for calculation, all driveways and all parking areas shall be considered impervious, notwithstanding the existing or proposed material comprising the driveway and/or parking field.
When calculating lot coverage, lot coverage shall refer only to lot size or lot district, whichever is the more restrictive, as codified in § 145-19 of this Code.
A premises wherein people regularly assemble or congregate for religious worship, social events, fraternal gatherings and similar organized events and gatherings.
A line across the fill width of a lot parallel with the rear line of a lot. In case of a corner lot, the rear building line is opposite the narrower street frontage. In case of lot between two streets, there is no rear building line.
A yard on the same lot with the building, situated between the rear building line and the rear line of the lot.
An institution of learning, incorporated or unincorporated, pursuing a course or courses of instruction approved by the State Board of Regents or other supervisory authority.
A line from the front building line to the rear building line on each side of a lot parallel with the side line of the lot. In case of a corner lot, the side building line is opposite the wider street frontage. In case of a lot between two streets, there are two side building lines.
A yard on the same lot with a building, situated between the building and the side line of the lot and bounded by the front and rear building lines.
That part of a building between any floor and the floor or roof next above. In computing the number of stories, the top of the floor of which is at or above nor exceeding five feet above the existing mean grade level at street front building wall, shall be deemed the first story. The top of a floor that exceeds five feet above the existing mean grade level at the street front building wall shall be deemed the second story.
A story under a gable or hip roof, where the top wall plate of which on at least two opposite exterior walls are not more than two feet above such story.
The dividing line between a lot and a street (either public or private) or a parkway.
The vertical distance measured from the zoning lot's base plane to the underside of the roof eave.
The mean distance from side line to side line of a lot measured in the general direction of the front and rear lines of the lot.
An open, unoccupied space on the same lot as the building, open and unobstructed from the ground to the sky, except by trees, shrubbery and public utility telephone or public utility electric light wires and poles. A "required yard" is the portion of the yard lying within the minimum limits provided by this chapter for the district within which the property is situated.
§ 145-3 Districts.
[Amended 11-15-1955 by Ord. No. 44; 10-8-1959 by Ord. No. 61]
A.
For the purpose of this chapter, the Village of Hewlett Harbor is hereby divided into five classes of districts which are hereby designated as follows:
Residence A District. |
Residence AA District. |
Residence B District. |
Residence AB District. |
Residence BX District. |
B.
Said districts are shown on the Building Zone Map[1] which accompanies this chapter and which is hereby declared to be a part hereof. The districts designated on said map are hereby established, and the district designations shown on said map are hereby declared to be a part hereof.
[1]
Editor's Note: The Building Zone Map is included at the end of this chapter.
§ 145-4 Zoning Map. [1]
[Amended 11-15-1955 by Ord. No. 44; 10-8-1959 by Ord. No. 61]
The said Building Zone Map is entitled "Zoning Map of the Incorporated Village of Hewlett Harbor, Nassau County, New York," dated February 6, 1941, revised June 25, 1952, September 11, 1952, July 27, 1953, October 13, 1955, February 1956 and October 8, 1959, prepared by Carman-Dunne, Inc., Municipal Engineers and Surveyors, Lynbrook, New York.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
§ 145-5 Conformity required.
No building or part of a building shall be erected, altered or used except in conformity with the regulations herein prescribed for the district in which such building is located. No building or premises shall be erected, altered or used for any purpose other than a purpose permitted in the district in which such building or premises is located.
§ 145-5.1 Nonconforming uses.
[Added 6-9-2016 by L.L. No. 9-2016]
A.
In March 2016, the Village of Hewlett Harbor promulgated and passed into effect eight local laws proscribing and restricting and substantially restructuring, among other things, depth, scope, height, area, lot-size, lot surface coverage and impervious lot surface coverage, relative to the construction, reconstruction, modification or alteration of residential homes. The Board of Trustees viewed the passage of these new laws as necessary and proper mechanisms, under the Village 's police and zoning powers, to regulate and control construction within its borders. However, with the passage of these new laws came the reclassification of a substantial number of Village properties as nonconforming uses. While that is a natural consequence of the passage of these new zoning laws, it was not the intent of the Board of Trustees. The Board seeks to remedy that burdensome and inequitable reclassification with this legislation.
B.
Nonconforming use and/or structure. A nonconforming use and/or structure shall include any principal use and/or structure (and/or any modification or alteration thereof) which is prohibited under this Code, but which lawfully existed and was (or which would be, in the judgment of the Building Inspector, consistent with) the legal principal use and/or structure at the same premises immediately prior to the effective date of Local Law Nos. 1 through 8 of 2016, and which but for the passage of Local Law Nos. 1 through 8 of 2016, would have been a permitted principal use and/or structure.
C.
It shall be the presumption that structures existing prior to the enactment of the new local laws, as referenced in Subsection A, shall be conforming within the zoning code; provided, however, that in connection with any construction, reconstruction, modification or alteration referenced in Subsection A, the Building Inspector shall make the determination whether the proposed work by a property owner would potentially cause such property owner to have to make an application to the Board of Zoning Appeals to avoid classification of such work to be performed as resulting in classification of such residential home as a nonconforming structure. Should it be determined that an application for a building permit does not need Board of Zoning Appeals approval, in addition to approval by the Building Inspector, a written sign-off by a single Trustee shall be required prior to the issuance of a building permit.
D.
This section shall be effective against only those properties that would otherwise not need Board of Zoning Appeals approval, but for the enactment of the new laws, as referenced in Subsection A.
E.
This section is adopted pursuant to Municipal Home Rule Law §§ 10(l)(ii)(d)(3) and 10(l)(ii)(e)(3), which permit villages to adopt local laws relating to their property, affairs and government.
§ 145-6 Dividing lots to make nonconforming portion.
No lot shall be sold, divided or set off in such a manner that either the portion sold, divided or set off or the portion remaining:
A.
Shall be less than the minimum size prescribed by the regulations relating to the district in which it is situated.
B.
Shall fail to provide the yards or other open spaces required by the regulations relating to the district in which it is situated in respect to any building or use then existing.
C.
Shall fail to provide the minimum building area required by the regulations relating to the district in which it is situated in respect to any building or use then existing.
D.
Shall contain any building or use not permitted by the provisions of this chapter in the case of buildings hereafter erected or altered.
E.
Shall fail to have the street frontage required by the regulations relating to the district in which the lot or any part thereof is situated.
F.
Shall directly or indirectly violate any terms or conditions theretofore imposed by the Board of Appeals in granting a variance or special exception under the provisions of this chapter or under the provisions of the Village Law.
§ 145-7 Exclusion of commercial uses.
The Board of Trustees hereby determines that, in view of the fact that the territory in the Village of Hewlett Harbor is small in area and is now and has always been devoted exclusively to residential purposes, that the Village forms only a small part of a large comprehensive community and that ample facilities for business and trade exist nearby within easy reach where the residents of the Village have always been accustomed to shop and transact their business, there is no necessity for providing within the Village limits for all of the activities of communal life, and the purposes provided by Article 7 of the Village Law may best be carried out by excluding from the Village all industrial, commercial and business uses (including multiple dwellings), which have never existed therein, and by limiting the use of the property in the Village to one-family dwellings and accessory uses, for which purposes the territory within the Village of Hewlett Harbor is peculiarly adapted.