§ 320. Offices for physicians or dentists in residence districts.

Anything in this ordinance to the contrary notwithstanding, in any residence district, if approved by the Board of Appeals as a special exception after a public hearing and subject to the provisions of Article XXVII herein, premises may be used by a physician or a dentist for the conduct of his practice, irrespective of whether said physician or dentist resides or has resided at said premises. Such special exception shall be granted only to single practitioners, and in the event that a special exception shall be authorized by the Board of Appeals pursuant to this section, said special exception shall be limited to an individual practitioner and shall specify that, in the event that more than one practitioner utilizes the special exception, it shall become null and void.

§ 321. Projections over public ways.

A. In any use district, no sign, awning or other encroachment, nor any portion of such sign, awning or other encroachment, shall project out, over or into a sidewalk, street or mall unless the lowest portion of such encroachment is at least seven feet in height above such sidewalk, street or mall, except as otherwise modified by the remainder of this section.



B. Mouldings, belt courses, lintels, sills, architraves, pediments and similar projections of a decorative character may project beyond the street line not more than 10 inches.

C. Subject to the approval of the Town Highway Department, marquees at entrances to buildings may extend beyond the street line and across the sidewalk to within two feet of the curbline, provided that they are not less than 10 feet above the curb level at all points. That side of a marquee attached to a portion of a building and the side of the marquee parallel to it may not exceed in size a number of feet equal to 50% of that portion of the building to which it is attached.

D. Drop awnings, attached to buildings, may extend beyond the street line but not nearer than two feet to the curbline, provided that, when let down to their full extent, they are not less than seven feet above the sidewalk at all points, and provided further that no lettering or other display shall be placed thereon other than the name of the individual firm or corporation transacting business in the building and the house number. No fixed awnings shall extend beyond the street line. These provisions shall not prohibit the use for periods not to exceed 48 hours of temporary canopies across sidewalks so arranged that a free passage at least six feet in width is afforded along the sidewalk.

E. Subject to the approval of the Town Highway Department, fire escapes and balconies to fire towers or other required exits, constructed of steel or other incombustible material, when required only, may project beyond the street line not more than four feet, but no part of such fire escapes or balconies shall be less than 10 feet above the sidewalk, provided that nothing in this section shall prevent the use of movable stairs to the sidewalk, so arranged that they are more than 10 feet above the sidewalk when not in actual use.

F. Nothing in this section shall be deemed to authorize any projection beyond the street line that is prohibited by the Building Zone Ordinance or any other law or ordinance.

G. Any permission, expressed or implied, under the provisions of this section, to construct a building or any appurtenances that project beyond the street line is revocable by the Town Board at will.

H. No change or enlargement shall be made to an existing part of a building now projecting beyond the street line except in conformity with the provisions of this section for new construction.

I. Such parts of buildings which already project beyond the street line may be maintained as constructed until their removal is directed by the Town Board.

§ 322. Commercial and noncommercial kennels; hobby breeders.

[Effective 6-28-1981; 1-2-1994]

A. A commercial kennel may be maintained only on premises zoned for business, light manufacturing or industrial use if approved by the Board of Appeals as a special exception after a public hearing and subject to the provisions of Article XXVII herein.

B. In any use district except industrial and light manufacturing zoned districts, no premises may be used or occupied and no structure erected or maintained to harbor or keep more than three adult dogs at any one time, except that a premises may be used by a hobby breeder or for a noncommercial kennel to harbor or keep more than three adult dogs when approved by the Board of Appeals as a special exception after a public hearing and subject to the provisions of Article XXVII herein. For purposes of this section, a dog of adult age shall be deemed to be to be any dog that has attained an age of six months or greater. Such special exception shall be granted only on the condition that the hobby breeder or owner and/or operator of the noncommercial kennel has a purebred license pursuant to the provisions of Article 7 of the Agricultural and Markets Law of the State of New York, and if a dwelling is located on a premises, the hobby breeder or owner and/or operator of the noncommercial kennel resides at the premises where the dogs are located, and further provided that licenses for all dogs required to be licensed pursuant to Chapter 152 of the Code of the Town of Hempstead are obtained.