Hewlett Harbor City Zoning Code
ARTICLE III
Specific Regulations
§ 145-20 Existing buildings and uses.
A.
Any building or premises or any use lawfully existing in any building or premises at the time of the passage of this chapter and not conforming to the regulations of the building zone district in which it is maintained may be continued therein, but the building or buildings, structures or premises involved shall not be altered or enlarged except in compliance with the provisions of this chapter.
B.
A building or lot or any part thereof which, at the time of passage of this chapter or at a later time, is used for any of the purposes herein provided as permitted in the zone in which said building or lot is situated shall never thereafter be used for any purpose not permitted by the provisions of this chapter.
§ 145-21 Lot transferred between districts; conformity to requirements.
Any lot in an area heretofore or hereafter transferred from one district to another district, of which the ownership at the time of such transfer differed from that of the premises adjacent thereto, which fails to conform with the minimum area or minimum street frontage or minimum depth regulations of the district to which it is transferred, but which conformed with the regulations of the district in which it was situated immediately prior to such transfer, may be improved and a building erected, altered or enlarged thereon, provided that such building conforms with the regulations of the district to which it has been transferred except as to minimum area or minimum street frontage or minimum depth as the case may be, and further provided that, in respect to such minimum area or minimum street frontage or minimum depth, it conforms with the regulations of the district from which it was transferred.
§ 145-22 Restoration of nonconforming uses.
Nothing in this chapter shall prevent the restoration, within one year and in such manner as not to violate any provision of this chapter to any greater extent or in any other way than at the present time, of a nonconforming building or structure destroyed by fire, explosion, act of God or act of the public enemy to an extent of not more than 60% of its value or prevent the continuance of the use of such building or part thereof, but any building destroyed in the manner aforesaid, to an extent exceeding 60% of its value at the time of such destruction, may be reconstructed and thereafter used only in such a manner as to conform to all the provisions of this chapter. Nothing in this chapter shall prevent the restoration of a wall declared unsafe.
§ 145-23 Computing building area.
The area occupied by accessory buildings shall be included in computing the maximum portion of the lot area which may be built upon in any given zone.
§ 145-24 Computing lot size.
In case of an irregular parcel of land, the Board of Trustees shall have power to determine and designate what portion thereof shall be deemed to be used in connection with the proposed building or use and what, if any, portion thereof is not properly to be deemed used in connection therewith. For the purpose of computing the size of the lot, only that portion of the parcel of land which the Board of Trustees deems to be used in connection with the proposed building or use shall be included.
§ 145-25 Accessory buildings.
[Amended 11-15-1955 by Ord. No. 44; 1-12-1961 by Ord. No. 67; 7-11-1985 by L.L. No. 3-1985; 2-8-1996 by L.L. No. 4-1996]
A.
Accessory buildings and uses may be located only in the rear or side yards and shall not be nearer to any property line than 20 feet in the Residence A District, Residence AA District or Residence AB District, or 15 feet in the Residence B or Residence BX District.
B.
Accessory buildings or structures consisting of air-conditioning equipment, swimming pool, heating and filtration equipment, emergency generators, electrical panels either freestanding or attached to a building and similar types of equipment shall be provided with suitable screening by hedges, shrubs, trellises, latticework, fencing or the like, or any combination of the same, of sufficient height and location so as to shield such uses and equipment from view from adjacent streets and adjacent properties.
§ 145-26 Proximity of principal buildings to waterfront. [1]
[Amended 1-12-1961 by Ord. No. 67]
No principal building or establishment or part thereof shall be erected or maintained nearer to Macy Channel, Hewlett Bay, Thixton Creek or Georges Creek than 50 feet in the Residence A District, Residence AA District or Residence AB District, or 40 feet in the Residence B District or Residence BX District. For the purpose of this subsection, the unnamed estuary of Hewlett Bay situated south of the bridge at Seawane Drive shall be deemed part of Hewlett Bay, but the portions of said estuary north of said bridge shall not be deemed part of Hewlett Bay.
§ 145-27 Docks, boathouses and bathhouses.
[Amended 1-12-1961 by Ord. No. 67]
A.
There may be constructed adjacent to and abutting the waterline of any waterfront property a dock, boathouse, or bathhouse not used for dwelling purposes or for the storage of automobiles, motorcycles, or any other motorized boats or vehicles. The exception to this subsection is the storage of jet skis. The boathouse or bathhouse may occupy not more than 10% of the waterfront of such property and must be placed across the median of the property closest to the water on either end of the property while complying with side-yard requirements and the provisions applicable to accessory building or uses. A chain-link or cyclone fence must be constructed along the property line of that portion of Albon Road between Seawane Drive and Everit Avenue for all waterfront property. The fence must be exactly four feet high and maintained in good order and repair. The chain link must be coated in a green vinyl or green latex permanent factory coating. Any gate must be securely locked as per New York State guidelines for fences surrounding pools. No trees, shrubs, hedges, accessory structures, or any flora may be placed in such a manner so as to block the view of the water from the road. The dock and/or boathouse/bathhouse may not be rented without the express written consent of the Village Board of Trustees.
[Amended 3-8-1973; 4-8-2010 by L.L. No. 1-2010]
B.
Such dock or boathouse shall be used exclusively by the owner or occupant of the property to which it is accessory for any number of boats owned by him, except that he may permit such dock to be used by transient boats for periods of not more than 10 days during the boating season, or by not more than one boat without limitation of time owned by another resident of the Village on condition that no fee, charge or remuneration is paid or received.
§ 145-28 Swimming pools on waterfront properties. [1]
[Added 9-12-1968 by Ord. No. 91]
As an exception to the requirement of § 145-9F that accessory uses must be located on the same lot as the principal use to which they are accessory, there may be constructed upon a lot adjoining Macy Channel, Hewlett Bay, Thixton Creek or Georges Creek a swimming pool with accessory equipment and structures which complies with all of the requirements for a swimming pool as set forth in Art. VII of this chapter and which is accessory to a one-family dwelling in the same ownership located elsewhere in the Village, within 300 feet of the swimming pool, subject to the following additional conditions:
A.
That the swimming pool be so located on the lot that a one-family dwelling may be constructed upon the lot between the swimming pool and the adjacent street in conformity with all of the requirements of applicable ordinances and that, in the event such dwelling is constructed, the swimming pool shall become accessory to such dwelling.
B.
That there be planted and maintained between the swimming pool and the adjoining street or streets trees and/or shrubbery, approved by the Board of Trustees, sufficient in the opinion of the Board of Trustees to provide reasonable concealment of the swimming pool from the street.
C.
That the application for a building permit shall show conformity with these conditions and that the foregoing approval of the Board of Trustees be obtained before the building permit is issued.
D.
That in case the lot containing the swimming pool and the lot containing the principal use should come into separate ownership, the use of the swimming pool shall cease forthwith and the swimming pool and appurtenances thereto shall be removed within one year thereafter, unless within that period of time the swimming pool becomes a permitted accessory use under other provisions of this chapter.
§ 145-29 Corner lots.
[Amended 10-8-1959 by Ord. No. 61; 9-9-2004 by L.L. No. 5-2004]
In the case of a corner lot, a building shall be required to comply with the front yard restrictions on both streets.
§ 145-30 Lots fronting on two or more streets.
In the case of a lot, other than a corner lot, adjoining two or more streets, a front yard is required on each street.
§ 145-31 Lots in more than one district.
In the case of a lot situated partly in two districts, no principal building, use or establishment shall be constructed, altered or maintained thereon except in conformity with the regulations applying to the most highly restricted district in which such building, use or establishment or any part thereof is situated, and no accessory building, use or establishment shall be constructed, altered or maintained unless the principal building, use or establishment to which it is accessory is one permitted in the district in which such accessory building, use or establishment is situated.
§ 145-32 District boundaries; streets and waterways in districts.
Building zone districts include all public or private streets, ponds, streams and waterways adjacent thereto, whether or not so designated upon the Building Zone Map, including land under water and land hereafter formed by filling, accretion, emergence, avulsion or otherwise. In case a public or private street, pond, stream or waterway as shown on said map forms the boundary between two or more districts of the same class, the district shall be considered as continuous. In case a public or private street, pond, stream or waterway as shown on said map forms the boundary between two or more districts of different classes, each district shall be deemed to extend to the center of the pond or the thread of the stream or waterway as the case may be. A description by metes and bounds of the building zone boundaries is on file with the Village records, to which reference may be made to determine the intention of the Board of Trustees in case of any uncertainty as to the precise location of any building zone boundary.
§ 145-33 Streets on official map or master plan.
[Amended 3-8-1962 by Ord. No. 76]
For the purpose of computing the building area, the size of the lot, the front yard, the side yards, the rear yard, the street frontage and the minimum depth of lot, a Village parkway and any proposed street or streets shown on any official map or master plan of the Village, or any amendment or modification thereof now or hereafter duly adopted by the Planning Board or by the Board of Trustees, shall be considered a public street with the same force and effect as if the same had been duly opened and improved and made available for public use.
§ 145-34 Streets and waterways excluded from lot yard areas. [1]
Except as provided in § 145-33, for the purpose of computing the building area, the size of the lot, the rear yards, front yards and side yards, the land lying in the bed of any public or private street adjacent thereto and the land lying below the highwater mark of any pond, stream or waterway adjacent thereto shall be excluded, unless the application for a building permit shall also provide for the bulkheading or filling in of a portion of such pond, stream or waterway, in which case the land lying below the high-water line as so relocated shall be excluded.
§ 145-35 Poles and overhead wires.
No telephone poles or poles for electric light or power, and no overhead wires, shall be permitted within the Village except as follows: Properties adjoining East Rockaway Road may bring in overhead wires to buildings erected or to be erected thereon for a distance of not more than 100 feet from East Rockaway Road and, for such purpose, may erect and maintain, within 100 feet of East Rockaway Road, not more than one pole on each such building plot.
§ 145-35.1 Driveways.
[Added 6-14-2007 by L.L. No. 7-2007]
No pebble or gravel driveways may be constructed. Residents who already have a certificate of occupancy or certificate of completion prior to enactment of this section are exempt from this requirement.
§ 145-35.2 Solar panels.
[Added 12-8-2016 by L.L. No. 12-2016]
§ 145-36 Street frontage must extend for depth of yard.
[Added 2-9-1961 by Ord. No. 68]
Where a street frontage of a specified minimum length is required, it is not enough if such minimum is provided at the street line, but such minimum must be provided throughout the depth of the required front or other yard abutting the street where the minimum street frontage is provided.
§ 145-36.1 Boats and trailers.
[Added 3-10-1988 by L.L. No. 2-1988; amended 1-12-1989 by L.L. No. 2-1989; 6-13-1991 by L.L. No. 2-1991; 2-9-1995 by L.L. No. 1-1995]
No trailer of any kind and no boat of any kind shall be stored in any front, side or rear yard or on any other property in the Village, except that:
A.
A boat that is afloat may be moored at a legally permitted dock, bulkhead, pier or other mooring facility.
B.
A boat trailer or a boat under 18 feet in length may only be stored in a rear yard when wholly enclosed within a building which complies in all respects to the laws and regulations of the Village.