A dwelling for not over one family. An accessory building used as a dwelling by a separate family shall be deemed a dwelling and a principal use.

A dwelling for not more than one family; members of the family who dwell in the residence may engage in the practice of either medicine or dentistry, but not both professions in the same dwelling.[1]

Public parks; public schools.

Police booths, Village Hall and other Village buildings and uses.

(Reserved)

Accessory uses customarily incident to the above uses and located on the same lot with them, including farming, gardening, nurseries and greenhouses, provided that such use is not for the sale of the products and provided that there is no display of products and no advertising. The office of a physician or dentist who resides in the dwelling shall be deemed an accessory use, on condition that it is used solely and exclusively by the physician or dentist who resides there and the area devoted to such practice shall not exceed 25% of the gross first floor area up to a maximum of 750 square feet; otherwise, such use is prohibited. Except as above provided, accessory uses shall not include business uses nor any billboards or advertising signs. No use which is objectionable or detrimental to the well-being or harmonious character of the neighborhood shall be permitted. The breeding of dogs, keeping of more than three dogs and the keeping of chickens, roosters, pigeons, pigs, swine, horses, cows or cattle shall not be permitted. Any accessory use, such as keeping of live animals, must be carried on in conformity with the Sanitary Code or similar regulations or ordinances of the State of New York or of the Town of Hempstead or of the County of Nassau and the general ordinances of the Village of Hewlett Harbor.[2]

(Reserved)

Living quarters may be permitted in accessory buildings, including garages, when they are occupied by a servant or servants of occupants of the principal buildings on the same plot and in connection with said principal building. Living quarters so occupied may include separate housekeeping units for such servants.

A club of the character described in Article VIII of this chapter, subject to the conditions and regulations therein set forth.

A place of assembly which shall be subject to the provisions of § 145-19.1 herein, and shall not include living quarters.

Aircraft operation and storage.

Placement of commercial vehicles on premises improved with a single-family residence or waterfront property.

Any use not expressly permitted by § 145-9.

Transient dwelling units: the use of any premises as a transient dwelling unit. For the purposes of this section, a "transient dwelling unit" shall be defined as an entire dwelling unit, its surrounding property, pool, structures and accessory buildings, or a room or group of rooms within a dwelling unit, made available to rent, lease or otherwise assigned for an occupancy or use of less than 180 consecutive days to one or more persons who are not the owner, or a family member of an owner, of such dwelling unit.

Half-acre or less.

More than 1/2 acre to one acre.

More than one acre.

A height/setback plane is a theoretical inclined plane through which no part of a dwelling shall penetrate. The plane begins at and perpendicular to the street front property line rising inward toward the building at an angle of 38°, to a maximum height of 35 feet. The mean existing grade level at the street front building wall shall be used for the start point elevation at the street front property line.

No attic shall be heated or air conditioned.

Attics shall be used exclusively for storage and shall not contain any habitable spaces, nonhabitable spaces, recreational rooms or bathrooms.

A dormer may be permitted to penetrate the height/setback plane, as defined and regulated under the relevant sections of the Village Code, but only if the aggregate width of the dormer or dormers does not exceed 33.3% of the total width of the structure along the side of the structure on which the dormer or dormers will be situated; but in no case shall a dormer be erected to be higher than any building and/or accessory structure. Additionally, in no case shall the exposed outside walls of such dormer or dormers have an aggregate surface area in square feet that is greater than the aggregate length of such dormer or dormers in feet, multiplied by five.

A dormer shall not be permitted to protrude from the face of a building structure, but shall always remain flush to the side of the structure on which the dormer will be situated.

No building, together with its accessory buildings, shall occupy in the aggregate more than the percentage of the area of the lot specified in § 145-19 for the district in which the lot is situated.

The area occupied by all accessory buildings shall not exceed the percentage of the lot specified in § 145-19 for the district in which the lot is situated.

The required front yard depth shall not be less than the average front yard depth of existing dwellings on lots within 300 feet on each side of the lot and within the same block and same district.

Where there is only one existing lot within 300 feet, the required front yard depth shall not be less than the average of the existing dwelling on the existing lot and the minimum front yard specified in § 145-19 for the district in which the lot is situated.

In any case, no front yard depth shall be less than that specified in § 145-19 for the district in which the lot is situated.

Two side yards shall be required, which shall have a total width not less than that specified in § 145-19 for the district in which the lot is situated.

No side yard shall have a width less than that specified in § 145-19 for the district in which the lot is situated.

Permitted encroachments in any required front yard, side yard and rear yard: none.

Exception: a stoop serving a dwelling, open and unroofed not exceeding 30 inches above grade and not exceeding 32 square feet. Exclusion of steps may project not more than four feet into any required yard. Below-grade structures such as areaways and stairs may project not more than four feet into any required yard.

The maximum gross F.A.R. for a dwelling shall not exceed 5,500 square feet for lots up to 17,999 square feet in area. For lots 18,000 square feet or more in area, the maximum gross F.A.R. for a dwelling shall not exceed 5,500 square feet plus [(lot area minus 18,000 square feet) times 0.15].

In no case shall the maximum gross F.A.R. permit a dwelling in excess of 12,000 square feet gross floor area.

The maximum gross F.A.R. for all roofed accessory buildings shall not exceed 8% of the maximum F.A.R. permitted for a dwelling on the subject lot.

Dwellings hereafter erected shall provide on-premises an enclosed garage space for not less than two cars with interior dimensions of not less than 20 feet depth and width.

Existing dwellings with enclosed garage space on-premises hereafter altered or enlarged shall maintain not less than one enclosed garage space on premises with interior dimensions of not less than 10 feet by 20 feet.

A garage door shall not exceed 18 feet in width. No building facade shall have multiple garage doors totaling more than 27 feet in width and the total combined width of all garage doors on premises shall not exceed 36 feet in width.

Maximum height: three stories, not to exceed 35 feet.

Minimum lot area: 70,000 square feet.

Maximum building area: 15% of lot area.

Minimum front yard: 50 feet.

Minimum rear yard: 50 feet.

Minimum side yards: 50 feet each.

Minimum street frontage: 200 feet.

Minimum depth of lot: 200 feet.

Minimum on-site parking: one parking space, having a minimum dimension of nine feet by 20 feet, for each 100 square feet of total floor area in the building.

Location of off-street parking. No off-street parking shall be located in the minimum required side yards, front yard or rear yard.

Curb cuts and driveways. Curb cuts and driveways shall not be located in front of any minimum required side yard.

Minimum screening: to protect the compatibility of adjacent uses, thick plantings of trees, shrubs and hedges of a type, variety and size, as may be approved by the Zoning Board of Appeals as part of any special permit, having a minimum width of 10 feet along the side and rear yards, and intended to screen all uses from view from adjacent lots. All plantings shall be of good quality and shall be adequately maintained and replaced as may be required.

Conduct of activities. All regular activities shall be conducted inside the building, except where the special permit provides for temporary accessory use of exterior portions of the premises.

Noise. Noise, music and sound shall be confined within the building so as not to adversely affect adjacent properties. There shall be no noise, music or sound that can be heard from within a dwelling on another property or that can be heard beyond the property boundary between 11:00 p.m. and 8:00 a.m.

No place of assembly shall abut another place of assembly.

No regularly scheduled use of the place of assembly may be held between 12:00 a.m. and 8:00 a.m.

No catering facilities are permitted on the premises. Any mobile or temporary cooking or food service vehicles or equipment shall not be erected or parked within the front yard or the required side or rear setback areas.

All refuse and garbage cans or receptacles must be stored on the side or rear yard and shall not be visible from the public right-of-way. Refuse and garbage cans and receptacles shall be covered at all times except when garbage or refuse is actually being placed in the can or receptacle. If more than two refuse or garbage cans or receptacles are stored on site, they shall be stored in a manner that prevents them from being viewed from any neighboring property.

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.

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.

Whether the proposed use will provide a desirable 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.

Whether the proposed use will be hazardous, conflicting or incongruous to the immediate neighborhood by reason of excessive traffic, assembly of persons or vehicles, proximity to travel routes or gatherings of children or pedestrians.

Whether the proposed use will be of such nature as to be objectionable to nearby residential dwellings by reason of noise, lights, vibration or other factors of impact.

Whether the proposed use will 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.

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.

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.

The Board may require the submission of plans depicting all proposed elements of the proposed special use.

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.

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.