The Planning Board is hereby empowered to approve subdivision plats or plans, as provided in § 278 of the Town Law, as amended. The Planning Board shall also have the power to modify the zoning regulations for such subdivisions as provided in § 281 of the Town Law, as amended; and said Planning Board shall study the application of this ordinance and shall from time to time recommend to the Town Board such changes in the ordinance and in the boundaries of the various districts as it shall deem advisable to further promote the health, safety, morals or the general welfare of the community
A. For the purpose of this section, the word "parcel" shall mean any lot, plot or parcel of land within a Marine Recreation District regardless of size or any lot, plot or parcel of land having an aggregate area of one acre or more for the improvement of which an application for a building permit shall be filed and which is or is proposed to be developed or improved as a single unit or project by one person or any number of persons associated for that purpose, whether or not said lots or pieces shall be in separate ownership, and whether or not any buildings, structures or other improvements exist thereon, but shall not include a lot, plot or parcel of land proposed to be developed or improved exclusively by one-family or two-family dwellings. [Effective 6-26-1987]
B. No building permit shall be issued for the use of any such parcel or for the installation, erection or alteration of any building or structure thereon or otherwise for the improvement of such parcel or any part thereof unless there shall be submitted to the Town Board of the Town of Hempstead a site plan of the premises or such part, prepared by and submitted under the seal of a licensed professional engineer or architect, showing the proposed use, dimension, types and locations of each of the buildings, structures or other improvements proposed to be installed, erected or altered thereon, and the provisions proposed to be made for the facilities and improvements referred to in Subsection B(1), (2), (3), (6), (7), (8) and (9) below, and unless and until said Town Board shall by resolution have approved the same after giving due consideration to:
(1) The provisions, including grading and paving made for the draining and disposition of storm- and surface water.
(2) The effect of the proposed use upon the movement of the vehicular traffic in the vicinity, including consideration of the provisions for access of such traffic between the premises and public highways.
(3) The availability of or provisions made for the treatment, removal or discharge of sewage or other effluent (whether liquid, solid, gaseous or otherwise) and the removal of garbage and other refuse created or generated by or as a result of the proposed use of the premises.
(4) Possible overcrowding of land or undue concentration of population resulting from the proposed use of the premises or the nature, size or location of the buildings, structures or improvements proposed to be erected or installed thereon.
(5) The proximity of the proposed buildings, structures or improvements to each other and to other premises or buildings on such other premises, depending on whether the uses proposed therein may create or discharge obnoxious gases, odors, smoke, dust, light, vibration or noise.
(6) The provisions for fencing the premises from abutting properties and for the landscaping or other treatment of open, unused areas.
(7) The provisions for on-premises parking and for loading areas and facilities.
(8) The provisions for the lighting of parking areas, roads, walks and other open areas to be used by the public.
(9) Approval by the Nassau County Department of Public Works or the New York State Department of Public Works, as the case may be, of drainage provisions affecting curb cuts or other installations in county and state roads.
(10) The provisions of adequate facilities for refuse and garbage storage and collection.
(11) Such other matters as the Town Board may require in order to effect the purposes defined in § 263 of the Town Law of the State of New York.
C. Upon the receipt of such site plan, the Town Board may, in its discretion, either refer such plan to the Town of Hempstead Planning Board, for the purpose of making a report and recommendations with respect thereto, or delegate to the Planning Board the authority to approve such plans.
D. The Town Board shall have the right at all times to modify or alter said site plan after issuance of said building permit and/or certificate of occupancy with the consent of the holder thereof or his successor in interest.
E. Nothing contained in this section shall be deemed to require the submission or approval of a site plan as a condition precedent to the issuance of a permit for the repair or alteration of any building or structure for which a certificate of occupancy or completion is then in effect; provided, however, that such alteration shall make no substantial change in any exterior dimension of such building or structure and shall comply with every lawful condition or limitation theretofore imposed by a town officer or board on the construction, maintenance, occupancy or use of such building or structure. The fee for a waiver under this section shall be in accordance with Subsection B of § 263 of this ordinance. [Effective 4-10-1993]
F. The Town Board may, by resolution, waive any of the requirements of this section upon approval of a written application from a duly organized religious or eleemosynary institution or body. The application shall be filed with the Town Board and shall set out in detail the reasons for the request for such waiver and be executed by an officer or attorney empowered to sign such application. [Effective 5-14-1970]
[Effective 7-19-1969]
No building which has been damaged by fire or other causes to the extent of more than 50% of its replacement value, exclusive of foundations, shall be repaired or rebuilt except in conformity with the regulations of this ordinance and the Building Code.
It shall be unlawful and deemed a violation of this ordinance for the owner of a parcel of property to subdivide the same, either by sale, devise, gift or otherwise, into smaller plots which would result in the creation of one or more undersized or substandard sized plots, with relation to the area and street frontage and minimum width requirements of this ordinance in effect at the time of such subdivision, and any plot so created shall be deemed to be in violation of this ordinance, and said violation shall be deemed to extend and apply to all newly created lots out of the original plot subdivided, whether or not one or more of the newly created plots is technically in conformity with the then-existing ordinance.
No lot area shall be reduced so that the dimensions of any of the open spaces shall be smaller than herein prescribed.
Notwithstanding any other provisions of this ordinance, buildings, structures and premises necessary for use and occupancy by the Town or the County of Nassau for public or municipal purposes are hereby permitted in any use district.
Public utility buildings or structures are permitted in any residence or business districts, if approved by the Board of Appeals. The height, area and setback provisions of this ordinance shall be inapplicable to such buildings or structures if and when approved, except that, as a condition to the granting of the approval, the Board of Appeals may impose reasonable restrictions in order to promote the health, safety, morals or the general welfare of the community.
[Effective 3-28-1975; 4-11-1993]
On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained at a height greater than 2 1/2 feet at any point within a radius of 20 feet of the point formed by any intersecting property lines adjacent to roads or highways, and provided further that such height shall be measured from the existing elevation of the center line of such road or highway opposite such wall, fence, other structure, hedge, tree or shrub.
A. Fencing or screening required.
(1) To provide for the health, safety and welfare of residents of property which is, has been or is about to be zoned Residence A, AA, A1, A2, B, BB, BA, C, or LPRD, a fence, as hereinafter described, shall be installed on adjacent property which is, has been or is about to be zoned otherwise, under any of the following circumstances: [Effective 10-31-1987; 6-18-2002]
(a) On immediately adjacent (contiguously abutting) property which is used or is intended to be used for any purpose not permitted on property that is, has been or is about to be zoned Residence A, AA, A1, A2, B, BB, BA, C or LPRD.
(b) In lieu of contiguous abutment, when property zoned Residence A, AA, A1, A2, B, BB, BA, C or LPRD is separated from property zoned otherwise for any purpose not permitted in said residence-zoned property by a street upon which the residence-zoned side yard or rear yard abuts.
(2) Any required fence shall be installed and maintained upon the nonresidence-zoned side of the common boundary or upon the nonresidence-zoned side of whatever property line abuts the street which separates the dissimilar-zoned properties.
(3) Any required fence shall consist of either a continuous evergreen planting screen or other fence installed and maintained in a manner designed to obscure any such boundary from the view of persons on adjacent residence-zoned property and shall also be installed and maintained in a manner designed to prevent all reflection from artificial lighting of any kind, and said planting screen or other fence shall be installed at a height of not less than six feet; wherever applicable, the finished side of a fence shall face the residential property.
(4) Any use of adjacent property which does not conform to the provisions of this section on the date of the latest reenactment thereof shall be required to so conform within 18 months of the date of said reenactment. [Effective 5-27-1978]
B. Where a planting screen is installed in compliance with the provisions of Subsection A of this section, it shall also include the erection and maintenance of a woven wire fence to prevent paper and debris from being carried or blown through or under such planting screen.
C. Where another type of fence is erected in compliance with the provisions of Subsection A of this section, it shall be installed with the finished side thereof facing the premises zoned for residential use. [Effective 3-28-1975]
D. The Board of Zoning Appeals may, upon a verified application and after a public hearing, permanently waive the requirements of this section; provided, however, that it shall find that all of the record owners of abutting residentially zoned premises do not wish a fence to be erected, as evidenced by the filing with said Board, at least five days prior to said hearing, by each abutting owner of a written request for a waiver signed and acknowledged as a deed of conveyance of real property. Each request shall state that the waiver, if granted, shall be irrevocably binding upon the successors in interest of each said owner. [Effective 3-28-1975]
E. On any interior lot where a fence, planting screen or open fence shall be erected along a road or highway, the permitted height thereof measured from the existing elevation of the center of the highway opposite the fence shall not exceed four feet in height when the location of the fence shall exceed toward the street a greater distance than the streetside building line of any buildings located on the adjoining plot or plots except when authorized by the Board of Zoning Appeals, pursuant to Article XXVII hereof. [Effective 3-28-1975]
F. On any corner lot where a fence, planting screen or open fence not controlled by § 311 hereof shall be erected along a road or highway, the height thereof measured from the existing elevation of the center of the highway opposite the fence shall not exceed four feet when the location of the fence shall exceed toward the street a greater distance then the streetside building line of any buildings located on the corner lot except when authorized by the Board of Zoning Appeals, pursuant to Article XXVII hereof. [Effective 3-28-1975]
G. Anything in this ordinance to the contrary notwithstanding, the owner or occupant of premises zoned for residential use abutting premises used for a purpose not permitted in a residential zone may erect a fence of any height, but not exceeding six feet, along the common boundary of the premises zoned for a purpose not permitted in a residential use.
The required off-street automobile parking space on premises zoned for business, light manufacturing or industrial use, directly abutting on premises zoned for residential use, shall as far as practicable be installed and maintained on that portion of such premises zoned for business, light manufacturing or industrial use contiguous to such residential-zoned premises.
When the tidal lands or other lands are not shown as zoned on the Zoning Map, they shall be considered to lie within the B Residence District, but no structure erected herein shall be erected upon such lands owned by the Town of Hempstead except upon the approval of the Town Board.
Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decisions shall not affect the validity of the ordinance as a whole or any part thereof.
In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the health, safety, morals or the general welfare of the Town. It is not intended by this ordinance to interfere with or abrogate or annul any town building code or any rules or regulations adopted or issued thereunder, or the rules and regulations of the Department of Health of the County of Nassau, and not in conflict with any of the provisions of this ordinance; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of the building or requires larger open spaces than are imposed or required by such ordinance, rules and regulations, the provisions of this ordinance shall control.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this ordinance, or of any regulations made pursuant thereto, in addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
[Effective 12-2-1974; 11-6-1986; 3-29-2003; 12-25-2004; amended by L.L. No. 84-2010, effective 12-7-2010]
A. It is the intent of the Town Board, pursuant to § 10(1)(ii)(d)(3) of the Municipal Home Rule Law of the State of New York, to supersede a portion of § 268 of the Town Law of the State of New York in its application to the Town of Hempstead insofar as it penalizes a violation of this ordinance by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; by a fine of not less than $350 nor more than S700 or imprisonment for a period not to exceed six months, or both, for conviction of a second offense, both of which were committed within a period of five years; and by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both, upon conviction for a third or subsequent offense all of which were committed within a period of five years. It is the intent of the Town Board, via the superseding authority, to instead penalize any and every violation of the provisions of this ordinance as follows: The owner, general agent or contractor of a building or premises where such violations have been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, or the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part in or assists in any such violation or who maintains a building or premises in which any violation shall exist, shall be guilty of an offense punishable by a fine of not less than $1,000 and not exceeding $2,500 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, such violation shall be punishable by a fine of not less than $2,500 nor more than S5,000 or by imprisonment for a period not to exceed 15 days, or both; and, upon conviction of a third or subsequent offense, all of which were committed within a period of five years, such violation shall be punishable by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.
B. For any and every violation of the provisions of this ordinance, the owner, general agent or contractor of a building or premises where such violations have been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, or the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part in or assists in any such violation or who maintains a building or premises in which any violation shall exist, shall be guilty of an offense punishable by a fine of not less than $1,000 and not exceeding $2,500 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, such violation shall be punishable by a fine of not less than $2,500 nor more than $5,000 or by imprisonment for a period not to exceed fifteen days, or both; and, upon conviction of a third or subsequent offense, all of which were committed within a period of five years, such violation shall be punishable by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.
A. No person shall maintain any of the following uses in any district unless he shall provide off-street automobile parking spaces either on such premises or off the premises within 300 feet of such premises, in the amounts or proportions as follows, unless otherwise specified: [Effective 11-13-1964; 11-12-1977; 2-27-1978; 12-14-1981; 8-29-1986; 4-11-1993; 5-17-1993]
(1) In the case of multiple-family dwellings of three or more units in the Golden Age (GA) Residence District for which the minimum occupancy age is 62 years: five parking spaces for each three units or apartments. In the case of all other multiple-family dwellings of three or more units and apartment houses in all districts, there shall also be provided one common visitor parking space per unit or apartment. Each single-car garage and single driveway shall count as two parking spaces, and each two-car garage and double driveway shall count as four parking spaces. [Effective 11-29-2005; 4-4-2006; 1-3-2010]
(2) Hotels, motels, boatels and tourist homes or cabins: one parking space for each guestroom or unit.
(3) Beach or cabana club: two parking spaces for each cabana, bath cabin or locker having a floor area of more than 30 square feet, and two parking spaces for each three cabanas, bath cabins or lockers each having a floor area of 30 square feet or less.
(4) Theaters: one parking space for each three seats. [Effective 11-29-2005; 4-4-2006]
(5) Places of public assembly, including churches, temples and religious auditoriums, but excluding theaters, bowling alleys, discotheques and cabarets: one parking space for each three authorized occupants of the hall or sanctuary or for each 200 square feet of the hall or sanctuary, whichever is the greater. Additional spaces intended or used for catering, school or other purposes shall have their own parking requirements. Catering spaces shall be provided with parking using the standard for restaurants in Subsection A(16) below. [Effective 9-12-1995; 11-29-2005; 4-4-2006]
(6) Bowling alleys: four parking spaces for each alley.
(7) Discotheques and cabarets: one parking space for each three authorized occupants. [Effective 11-12-1977]
**Webmasters Note: The previous sections, 315 through 319.A(7), have been amended as per Supplement No. 36.
(8) Retail stores, launderettes and dry-cleaning establishments: one parking space for each 200 square feet of floor area.
(9) Funeral parlors: 25 parking spaces or one parking space for each 100 square feet of floor area, whichever is greater.
(10) Furniture and appliance stores: one parking space for each 600 square feet of floor area.
(11) Shopping centers: Effective January 1, 1982, all shopping centers or facilities containing five or more retail stores and providing 20 or more accessory parking spaces shall provide a minimum of 5% of said parking spaces or 10 spaces, whichever is less, for off-street parking spaces for the handicapped. The parking spaces designated pursuant to the provisions of this subsection shall be clearly identified for use by either handicapped drivers or other handicapped persons, which designation shall include permanently installed above-grade signs which display the international symbol of access and may include the use of blue painted lines or markings.
(12) Office buildings: one parking space for each 200 square feet of total floor area or for each three employees, whichever is greater.
(13) Hospitals and sanatoriums: one parking space for each four beds or for each 1,000 square feet of total floor area, whichever is the greater, plus one parking space for each four employees.
(14) Industrial plants: one parking space for each 2 employees or for each 800 square feet of total floor area, whichever is the greater.
(15) Warehouses: one parking space for each employee plus one parking space for each commercial vehicle kept on the lot, but not less than one parking space for each 1,000 square feet of total floor area. [Effective 11-29-2005; 4-4-2006]
(16) Restaurants, whether operated individually or as accessory to some other use: one parking space for each three seats or each 100 square feet of total floor area, whichever is the greater, plus one parking space for each four employees.
(17) Schools: one parking space for each employee plus one parking space for each five students in the 11th grade or above, or one parking space for each four assembly seats, whichever is greater. [Effective 11-29-2005; 4-4-2006]
(18) Marinas: one parking space for each two boat slips. [Effective 11-29-2005; 4-4-2006]
(19) All commercial uses not otherwise provided for: one parking area for each four employees or each 500 square feet of total floor space, whichever is the greater.
(20) Outdoor retail sales areas, including but not limited to used car lots, garden centers, flea markets and open air markets, but excluding the sale of "live" Christmas trees and wreaths: one parking space for each 500 square feet of gross sales area (including pedestrian aisles).
(21) Self-storage facilities: one parking space for each 4,000 square feet of total floor area. [Effective 11-29-2005; 4-4-2006]
(22) Business, trade or vocational schools: one parking space for each employee plus one parking space for each two students. [Effective 11-29-2005; 4-4-2006]
(23) Day-care facilities: one parking space for each 15 children and one parking space for each employee Provisions shall also be made for an on-site maneuvering aisle for the pickup and dropoff of children attendees. For purposes of this section a "day-care facility" shall be defined as: a building which provides care for a child on a regular basis away from the child's residence for fewer than 24 hours per day by someone other than the parent, stepparent, guardian, or relative within the third degree of consanguinity of the parents or stepparents of such child. [Effective 5-10-2006]
B. The provisions of this section shall apply only to uses commenced after June 25, 1957, and to uses prior to that date on premises which have area sufficient to comply herewith. With respect to uses commenced prior to June 25, 1957, that do not have area sufficient to comply with this section, any area of the premises that is not building area, a defined in this ordinance, shall be used for off-street automobile parking spaces in compliance with this section to whatever extent such automobile parking spaces are available on such premises or on nonmunicipal areas within 300 feet of such premises. However, no space for the parking of automobiles shall be installed or maintained on any plot in the minimum area required for front setback requirements of such property. [Effective 7-19-1969]
C. The Board of Appeals may vary the application of this section in any case in which it shall find that compliance herewith is not necessary to prevent traffic congestion or undue on-street parking, or where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this section, and in granting such variance may impose such conditions as it shall find to be in the public interest.
D. Building permit applications. [Effective 3-1-1976; 7-15-1984; 9-12-1995]
(1) Every applicant for a building permit, on premises affected by this section, shall file with his plans, a plot plat showing the portion of said premises which he proposes to use for off-street automobile parking, and such permit shall be denied unless the plot plan shall provide for off-street parking in compliance herewith. All parking areas shall have sufficient self-contained drainage, asphalt paving and adequate levels of lighting.
(2) Each parking space shall be a minimum of nine feet in width and 18 feet in depth. Employee parking spaces, which are intended for long-term use with low turnover, need be only 8 feet in width. Employee parking spaces shall not exceed 15% of the total required or provided parking, whichever is less, for retail or service business or other similar types of uses designed to attract the general public. All parking spaces shall be separated by double painted lines in accordance with specifications as approved by the Department of Buildings and as illustrated on Figure 1: Typical Parking Space Details.
(3) All parking spaces shall be designated at a ninety-degree angle with a twenty-four-foot-wide two-way maneuvering aisle unless a different angle is permitted by the approving authority based upon the unique size and/or shape of the parking facility. In those circumstances where the approving authority does permit parking at an angle other than 90§, circulation in each maneuvering aisle shall be limited to one-way only. The following is a table of minimum parking space and maneuvering aisle dimensions:
(4) On all sites of one acre or larger, raised landscaped islands shall be provided for the purpose of preventing the diagonal movement of vehicles, alleviating the visual impact of large expanses of paved areas and otherwise improving traffic and pedestrian safety. Such landscaped islands shall be located: at the ends of each parking bay containing 10 or more spaces, and separating opposing rows of parking spaces at least every third parking bay. The minimum width of landscaped islands shall be five feet where located at the ends of parking bays and eight feet where separating opposing rows of parking spaces or adjacent to circulation aisles. In addition, the approving authority may permit nonlandscaped islands, if appropriate for such purposes as pedestrian circulation, in which case such islands shall not be less than four feet in usable width. Where curbs are kept to a maximum height of six inches, 1 1/2 feet of the parking space shall be allowed to overhang an island. Such bumper overhang area shall be considered a part of the parking space and shall not be counted toward meeting minimum yard setbacks or buffer area requirements. Figure 2: Sample Parking Layout, and Figure 3: Sample Parking Layout - Angled Parking, graphically illustrate the above requirements.
(5) The landscaping of off-street parking areas shall include at least one shade tree of not less than three inches caliper for each 10 parking spaces. This is in addition to ground cover, shrubs and hedges which are to be provided in appropriate locations where they will not interfere with safe sight distance for pedestrian or vehicular circulation. All landscaping as shown on the approved site plan shall be maintained in a vigorous growing condition throughout the duration of the use being served. Any plants not so maintained shall be replaced with healthy new plants of comparable size and type at the beginning of the next immediately following growing seasons.
E. The Town Board may, on finding that the owner or occupant of premises affected by this section is not maintaining parking facilities as provided herein, forthwith revoke any certificate of occupancy issued for any structure on such premises.
F. No space for the parking of automobiles shall be installed or maintained on any plot in the minimum area required for the front yard of such plot, except when permitted by resolution of the Town Board on findings that the enforcement of this prohibition will cause the occupant of the plot undue hardship and is not required in the public interest, or when a special exception from this prohibition is granted by the Board of Zoning Appeals in accordance with the provisions of Article XXVII of this ordinance. [Effective 9-12-1995]
