North Hempstead, NY Zoning Ordinance

The provisions of this article shall apply in a Community Facility District.

A building may be erected, altered or used and a lot or premises may be used for any of the purposes set forth in this Article and for no other:

A multiple-residence dwelling or dwellings specifically designed for use and tenancy by senior citizens.

Accessory buildings and uses necessary to and customarily incidental to the use permitted in Subsection A above, including craft rooms, social rooms, assembly or meeting rooms, a health clinic limited to the service of residents, utility rooms and garages and food service limited to service of residents, subject to the requirements of this Article.

Community uses, rooms and areas servicing residents of the Town, such as a day-care center, a parent resource center, a teen center, assembly areas and a gymnasium, provided that the community use is compatible with the uses listed above and with utilization of the premises as a senior citizens' residence.

Outdoor recreational areas.

In the case of a single-structure apartment building, a recreation room shall be contained within the same structure to accommodate at least 75% of the structure's tenants at any one time. In the case of a multistructure complex, one recreation room or accessory building containing said room, to accommodate at least 75% of the complex's tenants, will suffice.

In each dwelling structure, on each floor, a room will be set aside and proper equipment provided for laundry facilities, including washers, dryers, a cold- and hot-water sink and appropriate tables and chairs.

In no event shall any building or use permitted by this Article be used or operated as a gainful business.

In no event shall any community use, area or room be utilized for any purpose which requires overnight stay by any individual.

Use of a single building for both residential use and community use shall be permitted, provided that in a single building, that portion utilized for community use does not fall below 30% of the gross building area of the building.

No building used exclusively for residence purposes shall exceed three stories or 45 feet in height.

No building accessory to any residential use shall exceed one story in height.

No building used exclusively for a community use or any part thereof shall exceed three stories, with a maximum height of 45 feet.

In the case of a building use for mixed residential and community uses, no building or part thereof shall exceed 55 feet above grade.

The provisions of this § 70-105.6 shall not apply to a church spire, belfry or clock tower.

The maximum allowable density of a plot used exclusively for residential purposes shall be 40 units per acre.

The maximum allowable footprint of a single building on a plot where the single building provides for both residential, and community uses shall not exceed 25% with 60 residential units.

In all cases, the maximum coverage of land by all buildings, including accessories, shall not exceed 35% of the plot.

The minimum lot area permitted in this zoning district shall be 2.5 acres.

In all cases, at least 30% of any lot within this district shall be devoted to open space.

The minimum floor area for any residential unit shall be 400 square feet, and no residential unit shall exceed 900 square feet in area. All units shall comply with the New York State Uniform Fire Prevention and Building Code, as applicable to multiple dwellings.

No basement apartments shall be permitted in any building other than one apartment for the use of the superintendent, custodian or other person in charge of the maintenance of such building and premises.

No building or structure shall be closer than 20 feet to a street or property line.

Where a single building is utilized for both residential and community use, no portion of that building shall be closer than 75 feet to a street or property line, other than a park.

The minimum open space between the exterior walls of buildings used for residence purposes shall be equivalent to the maximum height of the taller building, but no such space shall be less than 20 feet in any case.

Off-street parking facilities shall be provided as follows:

	Use	Parking Space
	Residence
	Studio or 1-bedroom unit	1
	2-bedroom unit	1 1/2
	3-bedroom unit	2
	Community use	1 space for each employee or volunteer not residing at the premises, plus 1 space for every 1,000 square feet of floor area in excess of 1,000 square feet of total community use floor area in a building
	Place of public assembly (theater, hall, auditorium, etc.)	1 space for every 4 seats or 4 persons which can be legally accommodated, plus 1 space per employee. If the auditorium is not to be regularly used, the parking allotment above need not be provided.

Where more than one category of use is contained in a building, the off-street parking requirement shall be the sum of the requirements of the floor area devoted to each use.

All parking areas and walkways shall be provided with suitable lighting, so arranged as to direct light away from adjoining lots in any residence district and away from any public street.

No residential development shall be permitted unless provided with municipal sewerage or unless an independent sewage treatment plant approved by the Nassau County Department of Health and the Town of North Hempstead is constructed to serve such project.

[Amended 7-20-1993 by L.L. No. 9-1993]

Certain safety features shall be incorporated into both the residential and accessory structures, including but not limited to ramps or elevators in place of steps; nonskid floors; doors of sufficient width to accommodate wheelchairs in all rooms; showers in place of tubs for more than 50% of the dwelling units; electric outlets at levels at least 24 inches above the floor; grab bars around tubs (where tubs are provided) and toilets; grab bars in hallways; handle-type spigots and doorknobs; and emergency signals which ring in adjoining hallways and at a central location.