B.
Said districts are shown on the Building Zone Map
which accompanies this chapter and which is hereby declared to be
a part hereof. The districts designated on said map are hereby established.
The district designations which accompany said Building Zone Map are
hereby declared to be a part thereof.[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
In case of any amendment of this Building Zone
Law which creates new districts or which changes district boundaries
or which transfers property from one district to another, the Building
Zone Map shall be deemed amended accordingly. It shall not be necessary
to prepare or adopt a new or amended Building Zone Map showing such
new districts or such changes in district boundaries or such transfer
of property from one district to another, but such new districts,
changes and transfers of property may be identified by words of description.
A.
Building zone districts include all public or private
streets, ponds, streams and waterways adjacent thereto, whether or
not so designated upon the Building Zone Map, including lands under
water and lands hereafter formed by filling, accretion, emergence,
avulsion or otherwise. In case a public or private street, pond, stream
or waterway shown on said map forms the boundary between two or more
districts of the same class, the district shall be considered as continuous.
In case a public or private street, pond, stream of waterway shown
on said map forms the boundary between two or more districts of different
classes, each district shall be deemed to extend to the center of
the street or the center of the pond or the thread of the stream or
waterway, as the case may be. Building zone boundaries shown upon
the Building Zone Map, except where they follow streets or water courses,
and except as provided in this subsection, are intended to follow
existing property lines.
B.
This Building Zone Law is intended to include and
apply to all of the territory within the corporate limits of the Village
of Hewlett Neck.
A.
In the case of a lot situated partly in two or more
districts within the Village, no building, use or establishment shall
be constructed, altered or maintained except in conformity with the
regulations applying to the most highly restricted district in which
such building, use or establishment shall be constructed, altered
or maintained, unless the principal building, use or establishment
to which it is accessory is one permitted in the district in which
such accessory building, use or establishment is situated.
B.
In the case of a lot situated partly within the Village
and partly outside of the Village, the part of the lot within the
Village must comply with all of the regulations prescribed for the
district within the Village in which it is situated to the same extent
as if it had been a separate lot, unless the Board of Appeals should
grant a special exception as hereafter provided in this chapter.
No lot shall be used and no building shall be
erected, altered or used except in conformity with the regulations
prescribed for the district in which such lot or building is situated.
No lot shall be used and no building shall be erected, altered or
used for any purpose other than a purpose permitted in the district
in which such lot or building is situated.
No lot shall be sold, divided or set off in
such a manner that either the portion sold, divided or set off, or
the portion remaining:
A.
Shall be less than the minimum size prescribed by
the regulations relating to the district in which it is situated;
B.
Shall fail to provide the yards or other open spaces
required by the regulations relating to the district in which it is
situated in respect to any building, or use then existing;
C.
Shall fail to provide the minimum building area required
by the regulations relating to the district in which it is situated
in respect to any building or use then existing;
D.
Shall contain any building or use not permitted by
the provisions of this chapter; or
E.
Shall directly or indirectly violate any of the terms
or conditions heretofore or hereafter imposed by the Board of Appeals
in granting a variance or special exception under the provisions of
this chapter or upon an appeal under the provisions of the Village
Law; unless the portion which fails to comply with the foregoing requirements
is added to and becomes part of an adjoining lot in such a way that
the adjoining lot, as so enlarged, complies with all such requirements.
No building or premises shall be used and no
building shall be erected or altered for other than one or more of
the following specified uses:
A.
One-family dwellings, including the office of a professional
person when located within the dwelling.
B.
Churches, synagogues or other houses of worship, other religious uses and private schools accredited by the New York State Board of Regents, subject to the issuance of special use permit and site plan approval from the Board of Trustees in accordance with§ 195-55 and Article XI of this chapter.
[Amended 1-5-1998 by L.L. No. 1-1998; 10-4-1999 by L.L. No.
10-1999; 9-6-2005 by L.L. No. 3-2005; 12-20-2021 by L.L. No. 3-2022]
C.
Libraries, public museums, playgrounds and parks, subject to the issuance of special use permit and site plan approvals from the Board of Trustees in accordance with Article II of this chapter.
[Amended 9-6-2005 by L.L. No. 3-2005]
D.
Governmental and municipal purposes of the Village
of Hewlett Neck.
E.
Accessory uses, customarily incident to the above uses, but not including a billboard or advertising sign. Except as permitted in Chapter 110, assemblies, gatherings or events, are not accessory uses to a premises used or authorized or intended to be used as a residence, in accordance with a certificate of occupancy for such use.
[Amended 1-5-1998 by L.L. No. 1-1998; 10-26-2020 by L.L. No.
1-2020]
[Added 12-3-2012 by L.L. No. 1-2012]
No building or premises shall be used and no building shall
be erected or altered for transient rental.
