Under the authority granted by § 7-700 of the Village
Law, as amended, the Board of Trustees of the Village of New Hempstead
hereby adopts this chapter to promote the purposes set forth in § 7-704
of the Village Law.
A.Â
Introduction. For the purpose of this chapter, certain words and
terms used herein are defined in this article.
B.Â
General construction of language. The following rules of construction
apply to the language of this chapter:
(1)Â
The specific shall control the general.
(2)Â
All words used in the present tense include the future tense.
(3)Â
All words in the singular number include the plural number, and vice
versa, unless the natural construction of the wording indicates otherwise.
(4)Â
Words used in the masculine gender include the feminine and neuter,
and vice versa, unless the natural construction of the wording indicates
otherwise.
(5)Â
The word "shall" is mandatory; the word "may" is permissive.
(6)Â
The word "includes" shall not limit a term to the specified examples
but is intended to extend its meaning to all other instances or circumstances
of like kind or character.
(7)Â
Unless the context clearly indicates the contrary, where a regulation
involves two or more items, conditions, provisions or events connected
by the conjunction "and," "or" or "either. . .or," the conjunction
shall be interpreted as follows:
(a)Â
"And" indicates that all the connected items, conditions, provisions
or events shall apply.
(b)Â
"Or" indicates that the connected items, conditions, provisions
or events may apply singly or in any combination.
(c)Â
"Either. . .or" indicates that the connected items, conditions,
provisions or events shall apply singly but not in combination.
(8)Â
The words "building" and "structure" include any part thereof.
(9)Â
The words "lot," "plot" and "tract of land" shall one include the
other.
(10)Â
The word "premises" shall include land and all structures thereon.
(11)Â
The words "occupied" or "used" shall be considered to be followed
by the words "or intended, arranged or designed to be occupied or
used," unless the natural construction of the wording indicates otherwise.
(12)Â
References made to officials and official bodies shall mean
officials and official bodies of the Village of New Hempstead, unless
the natural construction of the wording indicates otherwise.
(13)Â
In case of any difference of meaning or implication between
the text of this chapter and any caption or illustration, the text
shall control.
C.Â
Terms not defined. Where terms are not defined, they shall have their
ordinarily accepted meanings or such as the context may imply.
As used in this chapter, the following terms shall have the
meanings indicated:
A building subordinate to the main building on the lot and
used for purposes customarily incidental to that of the main building.
Where an "accessory building" is attached to the main building in
a substantial manner, as by a wall or roof, such accessory building
shall be considered part of the main building.
See "use, accessory."
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
For the purpose of the Adult Residential Community Zone (ARC) (see § 290-57), the term shall mean an individual age 55 or older.
[Added 9-25-2008 by L.L.
No. 1-2008; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
A household in which at least one member residing or proposing
to reside in a reserved dwelling unit has attained the age of 55 years
or more on the date that such household initially occupies the dwelling
unit.
[Added 9-25-2008 by L.L.
No. 1-2008]
A building or buildings containing dwelling units specifically
designed for and limited to residents age 55 and older.
[Added 9-25-2008 by L.L.
No. 1-2008]
The growing of field crops or raising of livestock.
The Architectural Review Board of the Village of New Hempstead.
Financial institutions licensed by the State of New York
or the United States of America, including banks and trust companies,
lending institutions, and credit agencies.
[Added 7-24-2017 by L.L.
No. 4-2017; amended 11-28-2017 by L.L. No. 7-2017]
A portion of a building partly underground but having less
than half its clear height below the average grade of the adjoining
grade. See also "cellar."
[Amended 7-5-1984 by L.L.
No. 17-1984]
The Board of Trustees of the Village of New Hempstead.
Any structure having a roof, self-supporting or supported
by columns or walls, which is permanently affixed to the ground and
intended for the shelter, housing or enclosure of persons, animals
or chattel.
See "accessory building."
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any structure partially or totally supported by air pressure.
The maximum horizontal cross section of a building, including
porches, balconies and raised platforms, but excluding cornices, roof
overhangs, gutters or chimneys projecting not more than three feet
and steps and terraces not more than three feet above the average
adjacent ground elevation.
The code adopted by the Board of Trustees of the Village
of New Hempstead.[1]
That percentage of the land area covered by the combined
building area of all buildings, excluding any buildings or structures
located completely below ground.
See "maximum building coverage."
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The mean vertical distance, measured adjacent to the exterior
walls, from the lowest finished grade to the level of the highest
point of the roof if the roof is flat or mansard or to the mean level
between the eaves and the highest point of the roof if the roof is
of any other type.[2]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An establishment offering services to the general public
or the business community, but not including an office of a physician,
chiropractor, dentist, psychologist, psychiatrist, ophthalmologist,
optometrist, optician, speech pathologist, speech audiologist, or
other health-related professional.
[Amended 7-24-2017 by L.L. No. 4-2017; 11-28-2017 by L.L. No. 7-2017]
A portion of a building partly or wholly underground, having
half or more than half of its clear height below the average grade
of the adjoining ground. See also "basement."
A place containing graves or tombs for the interment of the
dead.
Route 45, Route 306, Union Road, McNamara Road, Pomona Road,
New Hempstead Road, Grandview Avenue, Hempstead Road, Summit Park
Road, and Viola Road.
[Amended 12-22-2014 by L.L. No. 4-2014]
A lot located at the junction of and fronting on two or more
streets intersecting at an angle of less than 135°.
An establishment for providing care for 10 or more children
operated in accordance with the Social Services Law of the State of
New York.
[Added 7-24-2017 by L.L.
No. 4-2017; amended 11-28-2017 by L.L. No. 7-2017]
A business enterprise engaged primarily in the retail sale
of prepared food and beverages and in which tables, chairs or counters
for the consumption of food on the premises may or may not be provided.
[Added 7-24-2017 by L.L.
No. 4-2017; amended 11-28-2017 by L.L. No. 7-2017]
See "nonconforming, dimensionally."
See "nonconformity, dimensional."
A passageway with an impervious surface for the use of motor
vehicles.
[Added 11-7-1985 by L.L.
No. 6-1985]
A building containing a single principal dwelling unit and
occupied by only one family and located in its own separate building
which does not abut any other dwelling unit.
A building containing two principal dwelling units sharing
a common firewall between each dwelling unit, standing side by side,
and providing one indoor parking space for each dwelling unit.
[Amended 7-5-1984 by L.L.
No. 17-1984; 11-15-1984 by L.L. No. 31-1984; 11-30-2006 by L.L. No. 2-2006]
A building or portion thereof providing complete housekeeping
facilities for one family, including independent cooking, sanitary
and sleeping facilities, but not more than one kitchen, unless a permit
therefor has been approved pursuant to this Code, and physically separate
from any other dwelling unit, whether or not in the same building.
[Amended 12-21-1988 by L.L. No. 13-1988; 1-27-2020 by L.L. No. 1-2020]
Either:
[Amended 12-21-1988 by L.L. No. 13-1988]
A householder plus one or more persons related by blood, marriage
or adoption and limited to the spouse, parents or lineal descendants
of whatever generation of the householder or of the householder's
spouse, living together as a single, not-for-profit unit sharing housekeeping
duties and cooking, eating, living and recreational facilities;
A group of persons headed by a householder caring for children
as the functional equivalent of one family in a single, not-for-profit
unit sharing housekeeping duties and cooking, eating, living and recreational
facilities; or
A maximum of four persons (not more than three of whom shall
be 18 years of age or over) not sharing a relationship described above
but living together as a bona fide single housekeeping unit sharing
housekeeping duties and cooking, eating, living and recreational facilities.[3]
The elevation of the completed surfaces of lawns, landscaped
areas, walks, driveways and parking areas or of the existing ground
where it remains undisturbed.
The horizontal area of a story of a building measured from
the exterior faces of exterior walls or, in the case of a common wall
separating two buildings, from the center line of such common walls
and including covered and uncovered porches, balconies and raised
platforms, but excluding cornices, roof overhangs, gutters or chimneys
projecting not more than three feet and steps and terraces not more
than three feet above the average adjacent ground elevation.
[Added 9-25-2007 by L.L.
No. 2-2007[4]]
Gross floor area divided by the area of a lot.
[Added 9-25-2007 by L.L.
No. 2-2007[5]]
See "lot frontage."
See "lot line, front."
See "yard, front."
A part of a building, fully enclosed with four walls and
a roof, used for the parking of motor vehicles.
[Added 11-7-1985 by L.L.
No. 6-1985]
The total floor area of all floors of a building, including
all areas with headroom of 75 inches or more but excluding garages,
decks, balconies, sheds, unheated enclosed and unenclosed porches,
and similar type spaces.
[Amended 2-28-2000 by L.L. No. 1-2000]
An establishment providing day-care services for children
within a single-family dwelling unit in accordance with § 390
of the Social Services Law of the State of New York.
[Added 12-21-1988 by L.L.
No. 13-1988]
An uppermost story in which the floor area having a clear
height of at least 7Â 1/3 feet is 1/3 or less of the floor area
of the story next beneath it.
A use of a service character for gain customarily conducted
entirely within a dwelling unit by the residents thereof, which use
is incidental and secondary to the use of the dwelling for residential
purposes and does not change the character thereof, does not have
any exterior evidence of such accessory use and does not involve the
keeping of a stock-in-trade.
An individual who resides in a dwelling unit and who owns,
rents or otherwise has legal possession of the unit.
[Added 12-21-1988 by L.L.
No. 13-1988]
Those surfaces which do not absorb stormwater. All buildings,
parking areas, driveways, roads, sidewalks and any areas in concrete,
asphalt or packed stone shall be considered "impervious surfaces"
within this definition. In addition, other areas determined by the
Village Engineer to be impervious within the meaning of this definition
will also be classed as "impervious surfaces."
Temporary classroom space to accommodate students on an interim basis while permanent classroom facilities for the same educational institution are being constructed. Interim school building uses shall be granted by special permit of the Village Board of Trustees and shall be governed by § 290-51.1 of this chapter.
[Added 3-27-2017 by L.L.
No. 1-2017]
An area of a dwelling unit used for the cooking or preparation
of meals and containing a sink, a refrigerator and a device for heating
food.
[Added 12-21-1988 by L.L.
No. 13-1988]
An off-street space available for the loading or unloading
of goods, not less than 15 feet wide, 40 feet long and with a minimum
overhead clearance of 14 feet.
A retail establishment that primarily serves the needs of
residents of a local neighborhood, which offers a line of merchandise
or goods desired by the convenience shopper, not including gasoline
or service stations.
[Added 7-24-2017 by L.L.
No. 4-2017; amended 11-28-2017 by L.L. No. 7-2017]
A parcel of land, not divided by streets, together with such
yards as are required by the provisions of this chapter, and having
its principal frontage on a street or on such other means of access
as may be deemed in accordance with the provisions of law to be suitable
as a condition of the issuance of a building permit on the lot.
The total horizontal area included within the boundaries
of the lot.
The horizontal distance measured along the full length of
the front lot line of a lot.
A property line bounding a lot.
Any lot line separating the lot from the street.
The lot line which is generally opposite and parallel to
the front lot line. If the rear lot line is less than 10 feet in length
or if the lot comes to a point at the rear, the rear lot line shall
be deemed to be a line parallel to the front lot line, not less than
10 feet long, lying wholly within the lot and farthest from the front
lot line.
Any lot line other than a front lot line and the rear lot
line.
The distance measured along a line drawn parallel to the
front lot line at a distance equal to the minimum front yard requirement.
A building in which is conducted the principal use of the
lot on which such building is situated.
The area of a lot, measured in square feet, covered by the
combined building area of all buildings, excluding any buildings or
structures located completely below ground.
[Added 11-30-2006 by L.L.
No. 2-2006; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
An office of a physician, chiropractor, dentist, psychologist,
psychiatrist, ophthalmologist, optometrist, optician, speech pathologist,
speech audiologist, or other health-related professional.
[Added 7-24-2017 by L.L.
No. 4-2017; amended 11-28-2017 by L.L. No. 7-2017]
A device, also known as a "satellite dish or "earth station,"
the purpose of which is to receive communication or other signals
from orbiting satellites and which is designed for use by not more
than two dwelling units.
A building intended for the occupancy of persons and personal
property, which is brought to the building site as two or more units
on a transport trailer. Modular units have no support frames as found
on mobile homes, but, instead, are placed on a separate foundation,
slab support, or grounded using piers and tie-downs. Modular units
contain the same utility systems as conventionally built units.
[Added 3-27-2017 by L.L.
No. 1-2017]
See "nonconformity, dimensional."
A use of a building, structure or land that does not conform
to the use regulations of this chapter, which use was lawful under
the zoning law in effect at the time the use was established.
The status of a building or structure that is conforming
in use but does not conform to the lot dimension, yard dimension,
height, building coverage, floor area ratio, off-street parking, loading
or similar dimensional requirements of this chapter, and which conformed
to such dimensional requirements of the local law in effect at the
time such building or structure was established.
A corporation formed or existing under the Not-For-Profit
Corporation Law of New York State.[6]
See "dwelling, one-family."
A lot or group of contiguous lots for which a site plan,
special permit, or other land use approval is sought.
[Added 3-27-2017 by L.L.
No. 1-2017]
An off-street area with an impervious surface containing
one or more parking spaces.
[Added 11-7-1985 by L.L.
No. 6-1985]
An off-street space available for the parking of one motor
vehicle on a transient basis. Such space shall not be located in a
front yard.
A parking space located in a fully enclosed structure.
A school building approved by the Village Planning Board
("Planning Board"), or for which approval is being actively sought
from the Planning Board, for the same site and by the same educational
institution as the interim school building use.
[Added 3-27-2017 by L.L.
No. 1-2017]
Any individual or group of individuals, corporation, partnership,
association or any other entity, including state and local governments
and agencies.
Establishments that offer a service to the public, including
dry cleaners, barbershops, beauty shops, laundromats, shoe repair
shops, tailors and seamstresses, but not including repair of automobiles
or other vehicles.
[Added 7-24-2017 by L.L.
No. 4-2017; amended 11-28-2017 by L.L. No. 7-2017]
The use of a single-family residence that is the abode of a natural person, for an assembly of people, consisting of 49 or more persons who meet in the residence at the same time. The maximum occupancy of the place of assembly will be governed by a combination of all governing codes covering the assemblage of people and the ability of the site to provide for the special conditions determined by review of the special permit application. A place of assembly consists of either a portion of a single-family residence and/or an addition to a single-family residence, or a detached structure/building that complies with the accessory buildings and structures regulations (§ 290-28), except the detached structure or building shall not exceed 2,500 square feet in ground floor area or exceed 20 feet in height; and may be used for religious, book club, discussion group, fantasy sport, hobby club, scouting organization and social gatherings, and other group leisure activities customarily associated with a single-family residence.
[Added 6-14-2017 by L.L.
No. 3-2017]
The Planning Board of the Village of New Hempstead. In the
event that no Planning Board has been created, the term "Planning
Board" shall be deemed to mean the Board of Trustees of the Village
of New Hempstead.
A building that is manufactured and constructed using prefabrication.
It consists of factory-made components or units that are transported
and assembled on-site to form the complete building.
[Added 3-27-2017 by L.L.
No. 1-2017]
An organization with facilities for its members and their
guests for recreational, athletic, social, professional or cultural
purposes, including land, buildings and facilities. The buildings
and facilities may also be used by members of the general public with
the permission of the members of the organization. The members of
the organization shall have a financial interest in and method of
control of the assets and management of the private membership club.
[Amended 12-21-1988 by L.L. No. 13-1988; 5-22-2017 by L.L. No. 2-2017]
An educational institution operated by a public school district
in accordance with the Education Law of the State of New York.[7]
See "lot line, rear."
See "yard, rear."
A vehicular device designed to be used primarily as a temporary
abode for travel, recreation or vacation use, including camper trailers,
motor homes, pickup coaches and travel trailers.
Facilities designed and used for active and passive participatory
athletic and general recreation activities, such as health clubs,
gymnasiums, dance halls, skating rinks, swimming pools, tennis courts,
ballfields, bowling alleys and billiard rooms; excluded are facilities
intended for spectator activities, such as stadiums and arenas, and
any structure in which are maintained for the amusement, patronage
or recreation of the public more than three electronic games.
An establishment for experimentation in pure or applied research,
design, development and the production of prototype products, where
products are not produced for wholesale or retail use and where products
are not repaired or serviced.
A business enterprise engaged in serving and preparing food
and beverages selected from a full menu by patrons seated at a table
or counter and consumed on the premises. Alcoholic beverages may also
be sold for consumption on the premises.
[Added 7-24-2017 by L.L.
No. 4-2017; amended 11-28-2017 by L.L. No. 7-2017]
An occupant of a rooming unit.
One or more rooms, with or without private bathroom facilities
but without cooking facilities, which are rented or available for
rent and which are located within a dwelling unit.
An educational institution giving regular instruction for
grades between kindergarten and 12th grade at least five days a week
for seven months or more in each year and having a curriculum approved
by the Board of Regents or the New York State Education Department,
but not including a dormitory or a school or college giving special
or limited instruction (e.g., business, art, music, dancing, automobile
or riding school).
[Added 11-7-1985 by L.L.
No. 6-1985]
See "lot line, side."
See "yard, side."
Any structure or part thereof or any device attached thereto
or painted thereon or any material or thing, illuminated or otherwise,
which displays or includes any numeral, letter, work, model, banner,
emblem, light, device, trademark or other representation used as an
announcement, designation, direction, display or advertisement of
any person, firm, group, organization, commodity, service, profession
or enterprise when placed in such a manner that it provides visual
communication to the general public out of doors.
The area which results from the multiplication of the outside
dimensions of a sign. The vertical, horizontal or diagonal supports
which may affix the sign to the ground or to a structure shall not
be included in determining these dimensions unless such supports are
clearly a part of the message of the sign. Where a sign is on a plate
or outlined or framed, all of the area of such plate or the area enclosed
by such outline or frame shall be included. Where the sign consists
of individual letters or symbols attached to or painted on a surface,
the area shall be considered to be that of the smallest single rectangle
which encompasses all of the letters or symbols. Where the sign consists
of multiple plaques or parts, the sign area shall be the total area
of all such parts. The area of all signs that can be seen from more
than one side shall be considered to be the area of the largest side
on which the message appears.
[Amended 7-5-1984 by L.L.
No. 17-1984]
A map showing the design for the layout, arrangement and use of buildings and land, including accessory uses, facilities and services, and meeting the requirements of Article IX of this chapter.
A device or combination of devices which relies upon solar
radiation as an energy source that is employed for the purposes of
the heating or cooling of a building, the heating of water or the
generation of electricity.
An unexcavated slope of 25% or more.
[Added 12-22-2014 by L.L.
No. 4-2014]
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished floor level directly above a basement
or cellar is more than six feet above the finished grade, such basement
or cellar shall be considered a "story."
An existing state, county, town or Village highway or road
or a way shown on a subdivision plat approved by the Planning Board
of the Village of New Hempstead or Town of Ramapo or on a plat duly
filed and recorded in the office of the County Clerk prior to the
appointment of the Planning Board of the Town of Ramapo and the grant
to such Board of the power to approve subdivision plats, including
all of the land within the right-of-way.
Anything constructed or erected above or below ground. Included
are swimming pools, parking garages, tennis courts, parking areas
and driveways.
[Amended 11-7-1985 by L.L. No. 6-1985]
Any structure, basin, chamber or tank which is intended for
swimming, diving, recreational bathing or wading and which contains,
is designed to contain, or is capable of containing water more than
24 inches (610 mm) deep at any point. This includes in-ground, above-ground
and on-ground pools; indoor pools; hot tubs; spas; and fixed-in-place
wading pools.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An uncovered flat platform with a surface material. A terrace
which has a roof and which is attached to a building shall be considered
a "porch."
The specific purpose for which land, water, a building or
a structure is designed, arranged, intended or for which it is or
may be occupied or maintained.
A use which is customarily incidental and subordinate to
the principal permitted use on the lot and located on the same lot
therewith, except that, where specifically provided, accessory off-street
parking need not be located on the same lot. An accessory use may
not be accessory to another accessory use.
The main use of a structure or lot.
A use allowed in a district, subject to the issuance of a special permit by the Board of Trustees in accordance with the provisions of Article V of this chapter.
Open space on the same lot as a building or structure, which
open space lies between the building or structure and the nearest
lot line. A yard shall be measured as the shortest distance between
the building or structure and the lot line.
A yard extending the entire length of the front lot line
and lying between the front lot line and the nearest part of the building.
A yard extending the entire length of the rear lot line and
lying between the rear lot line and the nearest part of the building.
A yard between a side lot line and the nearest part of the
building and extending from the front yard to the rear yard or, in
the absence of either of such yards, to the front and rear lot line,
as the case may be.
The Zoning Board of Appeals of the Village of New Hempstead.
[1]
Editor's Note: The New York State Uniform Fire Prevention
and Building Code is currently enforced in the Village.
[2]
Editor's Note: The definition of "camp," which followed this
definition, was repealed 12-21-1988 by L.L. No. 13-1988.
[3]
Editor's Note: The definition of "farm stand," which immediately
followed this definition, was repealed 12-21-1988 by L.L. No. 13-1988.
[4]
Editor's Note: The former definition of "floor area" was repealed
11-30-2006 by L.L. No. 2-2006.
[5]
Editor's Note: The former definition of "floor area ratio"
was repealed 11-30-2006 by L.L. No. 2-2006.
[6]
Editor's Note: The definition of "nursery school; day-care
center," which immediately followed this definition, was repealed
12-21-1988 by L.L. No. 13-1988.
[7]
Editor's Note: The definition of "public utility," which immediately
followed this definition, was repealed 12-21-1988 by L.L. No. 13-1988.
