A.
Conformity required. No building shall be erected, constructed, moved,
altered, rebuilt or enlarged nor shall any land, water or building
be used, designed or arranged to be used for any purpose except in
conformity with this chapter.
B.
Minimum requirements. In interpreting and applying this chapter,
the requirements contained herein are declared to be the minimum requirements
necessary for the protection and promotion of the public health, safety,
morals, comfort, convenience and general welfare.
A.
Other applicable codes, standards and regulations. There are many other applicable codes, standards and regulations of the Village of New Hempstead in addition to this chapter. These include Chapter 154, Flood Damage Prevention, Chapter 255, Subdivision of Land, and the New York State Uniform Fire Prevention and Building Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Conflicting standards. This chapter shall not be deemed to affect
in any manner whatsoever any easements, covenants or other agreements
between parties; provided, however, that where this chapter imposes
a greater or lesser restriction upon the use of buildings or land
or upon the erection, construction, establishment, movement, alteration
or enlargement of buildings than is imposed by other local laws, rules,
regulations, licenses, certificates or other authorizations or by
easements, covenants or agreements, the more-restrictive requirements
shall prevail.
A.
Except as otherwise provided herein, the lawfully permitted use of
lands or buildings and the lawfully permitted existence of buildings
or structures at the time of the adoption of this chapter, or an amendment
to this chapter, may be continued although such uses, buildings or
structures do not conform to the standards specified in this chapter
for the district in which such lands, buildings or structures are
located. Similarly, whenever a zoning classification or the restrictions
affecting property within a district shall be changed hereafter so
as to render nonconforming a use, building or structure then presently
or theretofore lawfully existing, such use, building or structure
may nevertheless continue subject to the conditions set forth below.
Said uses shall be deemed nonconforming uses, and said buildings and
structures shall be deemed dimensionally nonconforming.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Any use in existence as of the effective date of this chapter which
is by this chapter made a special permit use in the district in which
it is located shall be presumed to have a special permit to the extent
that such use is legally conforming as of the date immediately prior
to the effective date of this chapter.
A.
The nonconforming use of land may be continued; provided, however,
that no such nonconforming use shall be physically enlarged or intensified,
nor shall it be extended to occupy a greater area of land than that
occupied by such use at the time of the adoption of this chapter,
unless specifically allowed by other provisions in this chapter, nor
shall any such nonconforming use be moved in whole or in part to any
other portion of the lot or parcel of land occupied by such nonconforming
use at the time of the adoption of this chapter.
B.
A building or structure, the use of which does not conform to the
use regulations for the district in which it is situated, shall not
be enlarged, extended or altered structurally unless the use therein
is changed to a conforming use or to conform to an order of the Building
Inspector to either correct an unsafe condition or to conform to the
requirements of applicable laws or ordinances.
C.
No nonconforming use of a building or structure shall be enlarged
or extended, except that any such nonconforming use may be extended
throughout any parts of the building or structure which were obviously
or manifestly arranged or designed only for such use at the time of
the adoption or amendment of this chapter.
D.
No nonconforming use shall be changed to another nonconforming use, except as provided in § 290-15.
E.
If a nonconforming use ceases for any reason for a total of six months
during any twelve-month period or is changed to a conforming use,
any future use of land, building or structure shall be in conformity
with the provisions of this chapter. Substantial cessation of activities
consistent with or required for the operation of such nonconforming
use or substantial vacancy of the building or structure in which the
nonconforming use was conducted, together with substantial cessation
of activities consistent with or required for the operation of such
nonconforming use, shall be deemed to constitute a discontinuance
thereof within the meaning of this chapter, irrespective of whether
an intention to abandon the nonconforming use may exist. On application
however, the Board of Appeals may extend the period upon a finding
that it is not reasonable in its application to the particular premises,
taking into consideration the characteristics of the use, the investment
which has been made in it the circumstances of the discontinuance
and the suitability of the structure for a permitted or special use
permit.
F.
If any building or structure in which any nonconforming use is conducted
or maintained is hereafter removed, the subsequent use of the land
on which such building or structure was located and the subsequent
use of any building or structure thereon shall be in conformity with
the standards specified by this chapter for the district in which
such land is located.
A building or structure that is conforming in use but does not
conform to the lot dimension, yard dimension, height, building coverage,
off-street parking, loading, or similar dimensional requirements of
this chapter shall be deemed to be dimensionally nonconforming. No
permit shall be issued that will result in the increase of any such
dimensional nonconformity, but any building or structure or portion
thereof may be altered to maintain or decrease its dimensional nonconformity.
A.
Should a building or structure, the use of which or the use of a
portion of which is nonconforming or which is dimensionally nonconforming,
be destroyed or damaged by any means to an extent of more than 75%
of the replacement cost of the building or structure as determined
by the Building Inspector at the time of the reconstruction, it shall
not thereafter be reconstructed or used except in conformity with
the provisions of this chapter.
B.
Should a building or structure, the use of which or the use of a
portion of which is nonconforming or which is dimensionally nonconforming,
be destroyed or damaged by any means to an extent of 75% or less of
the replacement cost of the building or structure as determined by
the Building Inspector at the time of the reconstruction, it may be
reconstructed and any accompanying nonconforming use continued, provided
that the reconstruction is commenced within one year of the date of
such damage and completed within two years of said date, and further
provided that it shall be reconstructed in accordance with a plan
approved by the Planning Board so as to result, where possible, in
greater conformity with this chapter.
On application, any nonconforming use of land, buildings or
structures may be changed to another nonconforming use upon approval
by the Board of Appeals based upon a finding that the proposed use
is more appropriate to the district than the existing nonconforming
use. In permitting such change, the Board of Appeals may impose whatever
conditions and safeguards it may deem necessary or appropriate to
further the purposes of this chapter.
In order that nonconforming uses may gradually be brought into
greater conformity with this chapter and that the adverse external
effects of such nonconforming uses may be reduced, the owner of the
land, building or structure so used may be permitted to make limited
changes to such building, structure or use in conjunction with a site
plan whereby, through landscaped screening and buffer areas, control
of noise, smoke, odors, lighting, architectural changes, location
and layout of parking areas and access drives or by any other appropriate
means, these purposes may be achieved. Such plan shall be presented
to the Board of Appeals, which may then grant approval or approval
with modifications, provided that said Board finds that the purposes
of this section shall be met.
Every building hereafter erected shall be located on a lot,
and there shall be no more than one main building and its accessory
buildings on one lot, except for nonresidential buildings in districts
where such uses are permitted.
Where a lot is formed hereafter from part of a lot already occupied
by a building, such separation shall be effected in such manner as
not to impair conformity with any of the requirements of this chapter
with respect to the existing building and all yards and other required
spaces in connection therewith, and no permit shall be issued for
the erection of a building on the new lot thus created unless it complies
with all the provisions of this chapter.
Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot because of its peculiar or irregular shape, the Board of Appeals shall determine how the requirements of this chapter apply as provided in § 290-91 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended 7-5-1984 by L.L.
No. 17-1984]
A permit may be issued for the erection of a building for a
permitted use on a lot for which a valid conveyance has been recorded
prior to the adoption of this chapter, notwithstanding that the area
or dimensions of such lot are less than those required for the district
in which such lot is located, provided that such lot meets the requirements
of § 7-708 of the Village Law.
A.
Yard for every building. No yard or other open space provided about
any building for the purpose of complying with the provisions of this
chapter shall be included as any part of the yard or open space for
any other building. No yard or any other open space on one lot shall
be considered as a yard or open space for a building on any other
lot.
C.
No reduction of required yards. No lot shall be so reduced in area
as to make any yard smaller than the minimum required under this chapter.
D.
Yards on corner lots. On a corner lot, each lot line which abuts
a street shall be deemed to be a front lot line, and the required
yard along both lot frontages shall be a required front yard. The
owner shall elect and so designate on the building permit which of
the remaining two required yards shall be the required side yard and
which shall be the required rear yard. Where a corner lot has frontage
on three streets, the remaining yard shall be a side yard.
A.
Limited walls and fences may be allowed in required yards, subject to the requirements of § 290-25.
B.
An arbor, open trellis, flagpole, unroofed steps or unroofed terrace
shall be permitted in any required yard.
C.
An awning or movable canopy may project not more than 10 feet into
any required yard.
D.
Cornices or eaves may project not more than 18 inches into a required
yard.
E.
Windowsills or belt courses may project not more than six inches
into a required yard.
F.
Driveways and parking areas shall be permitted in any yard except a front yard, provided they comply with the maximum impervious surface requirements of the Table of Dimensional Regulations, included as an attachment to this chapter (see § 290-37).
[Amended 11-7-1985 by L.L. No. 6-1985; 1-27-2003 by L.L. No. 1-2003]
The height limitations of this chapter shall not apply to:
A.
Church spires, belfries, cupolas, domes, monuments, observation towers,
chimneys, smokestacks, derricks, flagpoles, radio towers, masts and
aerials where not used for human occupancy and where such structures
do not extend more than 15 feet above the roof.
B.
Rooftop bulkheads, elevator penthouses, water towers, water tanks,
monitors, fire towers, hose towers, cooling towers or solar energy
collectors, provided that such features shall be erected only to the
height necessary to accomplish the purpose they are intended to serve.
The total area covered by such features shall not exceed 20% of the
horizontal area of the roof on which they are located. Where such
structures do not extend more than 15 feet above the roof and where
the lot on which they are locate is in or adjacent to a residence
district, such features shall be set back from the edge of the roof
at least one foot for each one foot by which such features exceed
the maximum height otherwise specified for the district in which they
are located.
A.
Fences and walls, including retaining walls, are permitted within
required yards, provided that:
(1)
Except as provided in § 290-30 of this chapter, such fences or walls shall not exceed four feet in height if located in a front yard and six feet in height in any other yard. In a residential district, a fence or wall may have a maximum height of six feet in any yard abutting a collector road. In a nonresidential district, a fence of not less than 3/4 open construction may have a maximum height of eight feet. In any district, the Building Inspector may, where required for safety, require the addition to a retaining wall of a motor vehicle bumper guard or fence.
[Amended 1-2-1986 by L.L.
No. 1-1986]
(3)
If any such fence or wall located within a required yard has a finished
or more-attractive side, such side shall face the neighboring property
or street.
(4)
All fences or walls must be inside all lot lines.
B.
Barbed wire is permitted as a part of a fence in a nonresidential
district, provided that such barbed wire is located at least six feet
above the ground. A barbed-wire or electrically charged fence is permitted
in any district only upon approval of the Planning Board.
Cemeteries are not permitted in any district.
[Amended 7-5-1984 by L.L.
No. 17-1984]
A.
Solar energy collectors and microwave receiving dishes are permitted
as a part of and may be attached to any building.
B.
Installation of solar energy collectors and microwave receiving dishes
shall require the issuance of a building permit and the approval of
the Architectural Review Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended 7-5-1984 by L.L.
No. 17-1984; 2-26-2004 by L.L. No. 1-2004]
Accessory buildings and structures shall be permitted in all
districts, subject to the following:
A.
Not more than three accessory buildings and structures shall be permitted
on a lot in a residential district, except that not more than one
of such buildings or structures shall be a shed.
B.
The gross floor area of all principal and accessory buildings, regardless of size, located on a lot shall comply with the maximum floor area ratio requirements in § 290-37 of this chapter.[1]
[1]
Editor's Note: See the Table of Dimensional Requirements included as an attachment to this chapter.
C.
The following shall be considered accessory buildings and structures
for the purposes of this section: tennis courts, paddle courts, swimming
pools, garages for passenger vehicles or not more than one vehicle
with commercial registration, provided such vehicle is less than 5,000
pounds gross vehicle weight, greenhouses, playhouses, garden houses,
stables, barns, sheds, solar energy collectors.
D.
Accessory buildings and structures not greater than 160 square feet in floor area and not more than 10 feet in height measured to the highest point of the building or structure may be located not closer to a side or rear lot line than 1/3 of the side yard and rear yard dimensions specified in the Table of Dimensional Requirements included as an attachment to this chapter (see § 290-37). Accessory buildings and structures shall comply with front yard setbacks specified in such table.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Individual accessory buildings and structures greater than 160 square
feet in floor area and greater than 10 feet in height shall meet the
following requirements:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Accessory buildings and structures permitted under this section shall comply with the front, rear and side yard, building coverage and floor area ratio requirements specified in the Table of Dimensional Requirements included as an attachment to this chapter (see § 290-37) and shall be limited in height to a maximum of 20 feet measured to the highest point of the building or structure.
Garage sales may be conducted from a property in a residential
district, provided that:
B.
The number of garage sales shall be limited to two per year, each
to be limited to a maximum duration of three days.
A.
General regulations. The following regulations apply to the maintenance
of animals in all districts:
(1)
The maintenance, breeding, raising, purchase and/or sale of all animals
and their products, including but not limited to milk and eggs, is
considered an accessory use and is permitted subject to the requirements
listed below.
(2)
No venomous snakes or wild animals shall be permitted in residential
districts.
(3)
All animals living primarily within the residence and not regulated
below are excluded from these regulations.
(4)
All feed shall be housed in rodentproof containers.
(5)
All animals shall be suitably contained to prevent damage to persons
and property.
B.
Regulations for specific animals.
(1)
Fowl (such as chickens and ducks). The maintenance of four or fewer
fowl is permitted as an accessory use in the 1R-50, 1R-40, 1R-35 and
1R-25 Districts. No roosters shall be permitted. All fowl shall be
kept in an enclosed area at least 75 feet from any lot line.
[Amended 12-21-1988 by L.L. No. 13-1988]
(2)
Horses, cattle, goats and sheep. The maintenance of horses, cattle,
goats and sheep is permitted as an accessory use subject to the conditions
listed below:
[Amended 11-7-1985 by L.L. No. 6-1985]
(a)
Two acres of lot area are required for the first animal. One
acre of lot area shall be required for each animal above one. Abutting
lots with common beneficial ownership shall be considered a single
lot.
(b)
Fencing.
[1]
All animals, barns and manure storage areas shall be contained
by a fence located at least 50 feet from each property line and 150
feet from any existing residence other than that on the lot. All fences
shall be at least five feet in height and shall be of one of the following
types:
[2]
Fencing shall be determined by the Building Inspector to be
strong enough to contain the fenced animals.
(c)
Commercial livery stables are not permitted.
[Amended 1-23-2014 by L.L. No. 1-2014]
A.
In all residential districts, the storage of not more than one unoccupied
recreational vehicle or boat, or one unregistered vehicle or boat,
or one unregistered vehicle shall be permitted so long as such vehicle
or boat is stored only within a rear yard. No stored vehicle or boat
shall exceed 35 feet in length.
B.
It is specifically prohibited to park, idle or store buses and commercial
vehicles on premises within the Village within any residential zoning
district, except as expressly otherwise provided in the Code.
No air-pressure buildings are permitted in any district.
Notwithstanding any other provision to the contrary, structures
owned or occupied by the Village of New Hempstead in the performance
of its municipal functions shall be exempt from the provisions of
this chapter.
[Added 11-7-1985 by L.L.
No. 6-1985; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
All swimming pools, as defined in this chapter, shall be completely
enclosed by a fence conforming to the requirements of the New York
State Uniform Fire Prevention and Building Code.
A.
Conformance required. No special permit use or nonresidential use
shall hereafter be established, altered, moved or expanded unless
it complies with the performance standards set forth in this section.
Continued performance with such standards shall be a requirement for
the continuance of any certificate of occupancy. Central utility systems
serving three or more dwelling units, including but not limited to
systems providing heat, water, air-conditioning, sewage treatment,
garbage collection and electrical power, shall be deemed to be nonresidential
uses for the purposes of this section.
B.
Purposes. Consistent with the general purposes of this chapter, performance
standards shall set specific controls on potentially objectionable
external aspects of nonresidential uses so as to:
[Amended 7-5-1984 by L.L.
No. 17-1984]
(1)
Reduce to a reasonable minimum the dissemination of smoke, gas, dust,
odor or other atmospheric pollutants outside the building in which
the use is conducted.
(2)
Control noise perceptible beyond the boundaries of the site of the
use.
(3)
Prevent the discharge of untreated or insufficiently treated wastes
into any watercourse.
(4)
Prevent the dissemination of vibration, heat or electromagnetic interference
beyond the immediate site on which the use is located.
(5)
Prevent physical hazard by reason of fire, explosion, radiation or
any similar cause.
(6)
Regulate and control the generation and flow of vehicular traffic
so as to prevent hazardous conditions, traffic congestion and excessive
noise in the streets.
D.
Standards for vibration.
(1)
Method of measurement. For the purpose of measuring vibration, a
two-component measuring system approved by the Planning Board shall
be employed.
(2)
Maximum permitted steady-state and impact vibration displacement.
No activity shall cause or create a steady-state or impact vibration
on any lot line with a vibration displacement by frequency bands in
excess of that indicated in the following table:
|
Frequency
(cycles per second)
|
Vibration Displacement
| ||
|---|---|---|---|
|
Steady-State
(inches)
|
Impact
(inches)
| ||
|
Under 10
|
0.0005
|
0.0010
| |
|
10 to 19
|
0.0004
|
0.0008
| |
|
20 to 29
|
0.0003
|
0.0006
| |
|
30 to 39
|
0.0002
|
0.0004
| |
|
40 and over
|
0.0001
|
0.0002
| |
E.
Standards for smoke, dust and other atmospheric pollutants.
(1)
General control. The emission of smoke and other particulate matter
shall not be permitted, regardless of quantity, if it will be in any
way detrimental to the public health, safety, welfare or comfort or
a source of damage to property.
(2)
Method of measurement of smoke. For the purpose of grading the density
of smoke, the Ringelmann Smoke Chart shall be used to determine the
total smoke units emitted. A reading shall be taken every minute for
an hour or, if less than an hour, until the total smoke units emitted
exceed the number allowed by these regulations. Each reading shall
be multiplied by the number of minutes during which it was observed
and the product added.
(3)
Maximum permitted emission of smoke. There shall be no measurable
emission of smoke, gas or other atmospheric pollutant. The emission
of one smoke unit per hour and smoke with a discernible density of
Number 1 on the Ringelmann Smoke Chart shall be prohibited.
(4)
Maximum permitted emission of dust.
(a)
The emission of dust related to combustion for indirect heating
from any source shall not exceed 0.30 pound of dust per 1,000 pounds
of flue gas adjusted to 50% excess air for combustion.
(b)
There shall be no measurable emission of dust or other particulate
matter not related to combustion for indirect heating.
(c)
All properties shall be suitably improved and maintained with
appropriate landscaping and paving or other type of improvement so
that there will be no measurable windblown dust or other similar types
of air pollution created.
F.
Standards for odorous matter. No land use shall be permitted which
emits any discernible odor outside the building in which the use is
conducted.
G.
Standards for toxic or noxious matter. No use shall be permitted
which will cause any dissemination whatsoever of toxic or noxious
matter outside the building in which the use is conducted.
H.
Standards for radiation and electromagnetic interference.
(1)
Radiation. The handling, storage or disposal of radioactive materials
or waste by-products, whether or not licensed by the Nuclear Regulatory
Commission, shall be conducted only in accordance with the standards
established in Title 10, Chapter I, Part 20, of the Code of Federal
Regulations, Standards for Protection Against Radiation, as amended,
and in accordance with any other applicable laws or regulations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Electromagnetic interference. No operation shall be permitted which
produces any perceptible electromagnetic interference with normal
radio or television reception in any area within or without the Village.
I.
Standards for fire, explosive hazard and heat.
(1)
Fire and explosive hazard. No storage or manufacture of explosives
or solid materials or solid products which burn actively or which
have a low ignition temperature, a high rate of burning or create
great heat under ordinary temperature conditions shall be permitted.
(2)
Heat. There shall be no emission of heat which would cause a temperature
increase in excess of 1° F. along any adjoining lot line, whether
such change is in the air, in the ground or in any watercourse or
water body.
J.
Standards for liquid or solid wastes. The discharge of any or all
wastes shall be permitted only if in complete accordance with all
standards, laws and regulations of the Rockland County Health Department,
the New York State Department of Environmental Conservation or any
other regulatory agency having jurisdiction. Facilities for the storage
of solid waste shall be so located and designed as to be screened
from the street or from any adjoining property and so as to discourage
the breeding of rodents or insects.
K.
Standards for vehicular traffic. No business or industrial use, home
occupation or special permit shall be permitted where it is determined
by the Planning Board that the type and number of vehicle trips it
is estimated to generate would be expected to produce unusual traffic
hazards or congestion or cause or induce emissions which may be expected
to interfere with the maintenance of air quality standards established
by the United States Environmental Protection Agency, the New York
State Department of Environmental Conservation or other regulatory
agency having jurisdiction due to the design or capacity of the highway
system, the relationship of such proposed use to surrounding or nearby
industrial, commercial or residential uses or other factors affecting
air pollution arising from mobile source activity.
L.
Procedure.
(1)
In the case of any application for the establishment of a use subject
to the performance standards, the Planning Board may require the applicant,
at his own expense, to provide such evidence as it deems necessary
to determine whether the proposed use will conform to said standards.
(2)
If the Planning Board deems it necessary, expert advice may be obtained,
with the cost of such advice paid for in advance by the applicant
as a condition of further consideration of his application. The report
of any expert consultants shall be promptly furnished to the applicant.
(3)
During the course of site plan or special permit review, the Planning
Board will determine if the applicant's proposal will conform to the
performance standards.
