[Effective 10-31-1987]

A. In order to preserve and maintain the integrity of certain enumerated residential areas represented by filed maps showing minimum lot areas of 8,000 square feet, the Town of Hempstead herein enacts a new Article of the Town of Hempstead Building Zone Ordinance, which will create a new residentially zoned district to be known as "BB Residence Districts (BB)."

B. The Town Board finds that these special areas were planned and developed as one-family residences in excess of the minimum required lot sizes.

C. It is the purpose of this legislation to maintain the character of the area and preclude the subdividing of the lots. It must be emphasized that this legislation does not intend to interfere with present lawful use of the properties. The creation of this new residential district will preserve the existing open spaces and prevent future deterioration of stable and developed communities.

D. The Town Board intends to accomplish this purpose, thereby protecting, preserving and promoting public health, safety, general welfare and amenity of the Town of Hempstead.

In a BB Residence District, the following regulations shall apply.

A.building may be erected, altered or used and a lot or premises may be used for any purpose permitted in B Residence Districts, and for no other.

Permitted accessory uses and structures shall be those permitted in B Residence Districts, and no others.

Signs which are authorized in B Residence Districts under the provisions of Article XXIV are permitted.

No excavation for purposes other than the construction of a driveway, walk, a permitted wall or building or part thereof or accessory thereto or to remove topsoil from one part of the lands of an owner to another part of the same premises, when such removal is necessary as an accessory use or is for the purpose of farming or improving said property, shall be made unless approved by the Board of Zoning Appeals.

Special uses, when approved by the Board of Zoning Appeals pursuant to § 272 of the Building Zone Ordinance of the Town of Hempstead, are permitted.

The height requirements shall be the same as those in the B Residence Districts.

The building area shall be the same as that in the B Residence Districts.

The front yard requirements as to both interior lots and corner lots shall be the same as those in B Residence Districts.

The side yard requirements shall be the same as those in the B Residence Districts.

The rear yard requirements shall be the same as those in B Residence Districts.

The permitted encroachments shall be the same as those in B Residence Districts.

The fence or wall regulations shall be the same as those in B Residence Districts.

Accessory buildings shall be the same as those in B Residence Districts.

A. No dwelling or other building shall be constructed on a lot unless it contains an area of not less than 8,000 square feet and has a minimum width of 55 feet at the front setback line and either has a minimum width of 55 feet from and on the street line to the front setback line or is a lot designated on a plat heretofore or hereafter duly filed in the office of the Clerk of the County of Nassau. The foregoing provision shall not apply to the construction of accessory uses, dwelling additions or building additions on a lot. The minimum lot or plot width and area and frontage regulations herein set forth shall not apply to: [Effective 1-29-1988]

(1) Any lot or plot having an area and/or width and/or frontage of less than that prescribed herein, provided that such lot or plot has an area of at least 4,000 square feet and was under different ownership from that of any adjoining land on October 25, 1957, and provided further that such lot or plot and any adjoining did not come into common ownership since that date; or

(2) Any lot or plot having an area and/or width and/or frontage of less than that prescribed herein, provided that such lot or plot has all an area of at least 6,000 square feet and was under different ownership from that of any adjoining land on the effective date of this section, and provided further that such lot or plot and any adjoining land did not come into common ownership since that date.

B. If any plot on which a building has been erected shall be subdivided into two or more plots in such a manner that the resulting plot on which such building remains shall not comply with Subsection A hereof, the right of the owner thereof to maintain such building on such plot shall immediately cease, and he shall remove the same on the order of the Town Building Inspector.