North Hempstead City Zoning Code
ARTICLE VI
Residence C District R-C
§ 70-43 Application of provisions.
The provisions of this article shall apply in a Residence C District.
§ 70-44 Permitted uses.
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:
§ 70-45 Conditional uses.
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 when authorized by the Board of Appeals pursuant to the provisions of Article XXIV and for no other:
B.
Greenhouse, provided that it is maintained as an accessory use by the owner and not a gainful business.
C.
Philanthropic or eleemosynary uses or institutions other than correctional institutions.
D.
Nursing home licensed by the Nassau County Department of Health.
E.
Retail food use as defined in § 70-231, conforming to the following:
[Added 8-2-2011 by L.L. No. 12-2011; amended 3-20-2018 by L.L. No. 2-2018]
§ 70-46 Height.
A.
In the case of a single-family or two-family dwelling, no building shall exceed 2 1/2 stories with a maximum height of 30 feet.
[Amended 12-14-1999 by L.L. No. 14-1999]
B.
In the case of a building other than a dwelling, no building or part thereof shall exceed three stories, with a maximum height of 45 feet, except a church spire or belfry.
§ 70-47 Plot area.
§ 70-47.1 Lot width.
[Added 1-3-2006 by L.L. No. 1-2006; amended 8-5-2021 by L.L. No. 16-2021; 8-13-2024 by L.L. No. 5-2024]
A.
No lot shall be established or created for the purpose of constructing a single-family dwelling unless it has a minimum lot width of 40 feet at the required front setback line or meets the average lot width as set forth in Subsection D herein. The minimum lot width shall be the greater of 40 feet or the average lot width, but in no case shall the width of a lot be required to exceed 80 feet. A minimum lot width of 35 feet shall be maintained at all points between the property line at the street and the front setback line.
B.
No lot shall be established or created for the purpose of constructing a two-family dwelling unless it has a minimum lot width of 80 feet at the required front setback line or meets the average lot width as set forth in Subsection D herein. The minimum lot width shall be the greater of 80 feet or the average lot width, but in no case shall the width of a lot be required to exceed 160 feet. A minimum lot width of 50 feet shall be maintained at all points between the property line at the street and the front setback line. The provisions of this Subsection B shall also apply to the proposed construction of a two-family dwelling on an established lot, regardless of whether or not such lot is presently improved with a single-family dwelling, two-family dwelling or other structure.
C.
No lot shall be established or created for the purpose of constructing a main building permitted pursuant to § 70-44 and not used for residence purposes unless it has a minimum lot width of 50 feet or meets the average lot width as set forth in Subsection D herein. The minimum lot width shall be the greater of 50 feet or the average lot width, but in no case shall the width of a lot be required to exceed 160 feet.
D.
The minimum lot width shall be the same as the average lot width of existing lots within 200 feet on each side of the subject lot within the same blockfront(s) and district, or the minimum required in Subsection A, B, or C above as applicable, whichever is greater. For lots within 200 feet of an intersection, the blockfront(s) shall be assumed to continue across the intersection, excluding the width of the intersection.
(1)
Where corner lots are located within 200 feet of the subject premises, only the primary front yard width shall be included in the average lot width calculation regardless of what street the primary front yard faces.
(2)
The widest and narrowest lot widths of lots within 200 feet of the subject premises shall be excluded from the average lot width calculation as set forth herein.
(3)
Any premises used for permitted nonresidential uses shall be excluded from the average lot width calculation.
(4)
Where the proposed dwelling or other building will be constructed on a corner lot, the minimum lot width shall be calculated separately for each blockfront.
(5)
In determining average lot width, existing conforming lots containing two-family dwellings shall be counted as two single-family lots.
(6)
For the purpose of constructing a two-family dwelling, the average lot width as calculated pursuant to this section shall be doubled.
§ 70-48 Lot coverage.
[Amended 12-14-1999 by L.L. No. 14-1999]
The lot coverage shall not exceed 35% of the lot area.
§ 70-49 Floor area.
[Amended 12-14-1999 by L.L. No. 14-1999; 3-11-2003 by L.L. No. 1-2003]
A.
No single-family dwelling shall be erected unless it has a habitable floor area of at least 900 square feet. No two-family dwelling shall be erected unless it has a habitable floor area of at least 900 square feet for each family.
B.
The gross floor area shall not exceed 50% of the lot area.
D.
In no case shall the limitations of this section prohibit a dwelling of less than 2,250 square feet on a lot held in single and separate ownership as of December 31, 1999, so long as the building conforms to all other restrictions of this chapter.
§ 70-50 Front yard.
A.
Unless the main building on the lot is controlled by § 70-50C, there shall be a front yard, the depth of which shall be not less than 25 feet from the front property line.
[Amended 1-3-2006 by L.L. No. 1-2006]
B.
On a corner lot, a front yard shall be required on each street and, unless the building is controlled by § 70-50C, the front yard on the narrower street frontage shall be not less than 25 feet in depth and the other front yard shall be not less than 20 feet in depth; and if the street frontages are equal, a minimum front yard of 25 feet shall be required on each street front.
C.
The minimum front yard depth for detached dwellings shall be the same as the average front yard depth of the existing primary buildings used as dwellings within 200 feet on each side of the lot on the same side of the street and within the same zoning district, or 25 feet, whichever is greater. No front yard shall be required to have a depth greater than 40 feet. On a lot with multiple street fronts, the average front yard setback shall only apply to the primary front yard.
[Amended 4-28-1987 by L.L. No. 10-1987; 7-10-2012 by L.L. No. 11-2012; 8-5-2021 by L.L. No. 16-2021]
§ 70-51 Side yards.
A.
On an interior lot, a single-family dwelling shall have two side yards, one on each side of the main building, the aggregate width of which shall be not less than 25% of the width of the lot, but in no case shall any side yard be less than five feet in width.
B.
On a corner lot, a single-family dwelling shall have only one side yard. Said yard shall be on the side adjoining the interior lot opposite the front yard having the greater street frontage. Said side yard shall have a minimum width of five feet. The two yards fronting on streets shall be considered front yards as provided in § 70-50B. The remaining yard shall be considered the rear yard and shall conform to the provisions of § 70-52.
[Amended 4-28-1987 by L.L. No. 10-1987]
C.
On an interior lot, a main building other than a dwelling shall have two side yards, each having a minimum of 15 feet in width. If such building is over 35 feet in height, the width of each side yard shall be not less than 20 feet.
D.
On a corner lot, a main building other than a dwelling shall have only one side yard. Said yard shall be on the side adjoining the interior lot opposite the front yard having the greater street frontage. Said side yard shall have a minimum width of 15 feet for a building 35 feet or less in height and a minimum width of 20 feet for a building over 35 feet in height. The remaining yard shall be considered the rear yard and shall conform to the provisions of § 70-52.
E.
On an interior lot, a two-family dwelling shall have two side yards, one on each side of the main building, the aggregate width of which shall be not less than 25% of the width of the lot, but in no event shall any side yard be less than 12 feet.
F.
On a corner lot, a two-family dwelling shall have only one side yard. Said yard shall be on the side adjoining the interior lot opposite the front yard having the greater street frontage. Said side yard shall have a minimum width of 10 feet. The two yards fronting on streets shall be considered front yards as provided under § 70-50B. The remaining yard shall be considered the rear yard and shall conform to the provisions of § 70-52.
G.
Where a garage door(s) faces a side property line, a setback of 25 feet shall be provided between the side property line and the closest point of the garage structure.
[Added 1-3-2006 by L.L. No. 1-2006]
H.
An areaway may extend into the required side yard, provided that, for any areaway projecting closer than four feet to a side property line, the entire areaway must be protected by a horizontal grating constructed in conformance with the requirements of the Building Code.
[Added 1-3-2006 by L.L. No. 1-2006]
§ 70-52 Rear yard.
[Amended 12-14-1999 by L.L. No. 14-1999]
For single-family dwellings there shall be a rear yard, the depth of which shall be not less than 15 feet. For two-family dwellings there shall be a rear yard, the depth of which shall be not less than 25 feet. For all other buildings, the depth of the rear yard shall be not less than 25 feet.
§ 70-52.1 Parking requirements.
[Added 3-25-1986 by L.L. No. 3-1986; amended 3-11-2003 by L.L. No. 1-2003]
Parking shall be provided in accordance with the requirements set forth in § 70-103.
§ 70-52.2 (Reserved). [1]
[1]
Editor's Note: Former § 70-52.2, Floor area ratio (FAR), added 2-19-1991 by L.L. No. 5-1991, as amended, was repealed 12-14-1999 by L.L. No. 14-1999.
§ 70-52.3 Sky exposure planes.
[Added 12-14-1999 by L.L. No. 14-1999]
All new construction and alterations shall be contained within the area defined by the required sky exposure planes.
A.
There shall be a sky exposure plane projecting inward from the front and side property lines at a ratio of four feet vertical to one foot horizontal.
B.
At no point may a structure be built higher than four times the horizontal distance from a lot line.
C.
The foregoing requirements for sky exposure plane shall not apply to alterations to existing single-family dwellings, provided that:
(1)
The existing dwelling has either a valid certificate of occupancy or a valid certificate of existing use effective as of December 31, 1999; and
(2)
The alteration does not include demolition of more than 40% of the building's perimeter as it existed on December 31, 1999; and
(3)
The maximum height to the ridge does not exceed 30 feet.
§ 70-52.4 Detached garages, accessory buildings and accessory structures.
§ 70-52.5 Front yard paving.
[Added 12-14-1999 by L.L. No. 14-1999]
For all new construction, alterations or landscaping changes, a front yard may not be covered more than 55% by any impervious material or paving. Water flow from paved areas must be controlled to alleviate excessive runoff onto adjacent properties.
§ 70-52.6 Eave height.
[Added 12-14-1999 by L.L. No. 14-1999]
The maximum height to the uppermost eave shall be 22 feet, as measured from the preexisting average grade at the perimeter of the building.
§ 70-52.7 Site lighting.
[Added 12-14-1999 by L.L. No. 14-1999]
Site lighting must comply with the requirements of § 70-217, Light fixtures.
§ 70-52.8 Minimum slope requirements for attached garages.
[Added 1-3-2006 by L.L. No. 1-2006]
For construction of new dwellings or alterations to existing structures, the floor elevation of new attached garages may be located no lower than a 4% slope below the adjacent curb elevation.