Zoning, building permits and septic rules in Village of Hempstead, New York

Village of Hempstead’s own rules

• Local zoningPresent

  All land inside the Incorporated Village of Hempstead, Nassau County

  • Administered through the village building department and Board of Zoning Appeals (nonconforming uses article).

  “this chapter shall be known and may be cited as the "zoning ordinance of the village of hempstead, new york."”

• Zoning districtsPartial

  Zoning districts inside Hempstead village

  • District boundaries are on the zoning map made part of the chapter (§ 139-4); the map and per-district use articles were not opened.

  residence districts: AAA, AA, A, B, C, D, E, E-1, F, G · other districts: Business A, B, C, BG; Light Manufacturing; Industrial; Downtown Overlay DO-1 to DO-4

  “the village of hempstead is hereby divided into the following districts or zones: residence aaa residence aa residence a residence b residence c residence d residence e residence e-1 residence f residence g business a business b business c business bg light manufacturing industrial downtown overlay do-1 downtown overlay do-2 downtown overlay do-3 downtown overlay do-4”

• Minimum dwelling sizeSpecified

  One-story dwellings in Hempstead village districts other than Residence AAA and AA

  • Residence AAA and AA are excepted from this section; their own minimums were not opened.
  • Floor area counts exterior wall thickness and excludes unenclosed extensions and attached garages.
  • Two-story dwelling minimums (§ 139-29) and the maximum FAR of 40% of lot size (§ 139-28.B) also apply; amended 6-20-2023 by L.L. No. 2-2023.

  minimum first-floor livable area, one-story dwelling: >= 1000 sq ft (except Residence AAA and AA) · maximum floor area ratio: <= 40 percent of lot size (basements and accessory structures excluded)

  “every one-story dwelling, except as provided in the residence aaa and residence aa districts, shall contain on the first floor thereof a minimum of 1,000 square feet of livable floor area.”

• SetbacksSpecified

  Buildings in any residence district in Hempstead village

  • District-specific minimum front, side and rear yards (Residence AAA through G) were not opened and may be larger; the section itself says side yards may not be less than the district minimum.
  • Accessory structures are excepted from the ten-foot separation.

  side yard separation between buildings: >= 10 feet (accessory structures excepted)

  “no building shall be constructed in any residence district, unless there is at least a ten-foot side yard separation at all points between the proposed building and any other existing or proposed building except accessory structures”

• Lot coverageSpecified

  Accessory buildings to dwellings in any residence district in Hempstead village; per-district main-building lot coverage not opened

  • Accessory buildings: no more than two in number, no more than 15 feet high, rear yard only unless the district says otherwise.
  • Dwellings are also limited to a floor area ratio of 40% of lot size (§ 139-28.B).

  accessory buildings aggregate lot occupancy: <= 10 percent of lot · accessory building height: <= 15 feet

  “in any residence district, buildings used as a permitted accessory use to a dwelling are allowed, provided that same do not exceed two in number, do not exceed 15 feet in height and occupy in the aggregate no more than 10% of the lot.”

• Building heightSpecified

  Towers, antennas, flagpoles, chimneys and similar structures in all Hempstead village districts, and accessory buildings in residence districts

  • Main dwelling height limits per district were not found.
  • In non-residence districts, attached structures combined with the building may not exceed the district maximum.

  tower/antenna/chimney-type structure height: <= 30 feet

  “in all districts, no tower, aerial, antenna, satellite dish, water tank, flagpole, cupola, chimney or other similar structure shall be erected or altered in excess of 30 feet in height.”

• Manufactured homesProhibited

  Mobile homes, trailers and trailer courts inside Hempstead village (all districts)

  • Exception: the building department superintendent may permit a temporary mobile home or trailer while a fire- or casualty-damaged dwelling on the premises is being repaired or replaced.
  • Original permit duration not to exceed 90 days, extendable at the superintendent's discretion.
  • Occupancy limited to the inhabitants of the damaged dwelling.
  • Whether HUD-code manufactured homes are treated differently was not determined.

  temporary permit duration: <= 90 days (extendable at superintendent's discretion)

  “the use, occupancy and establishment of mobile homes trailers and trailer courts is prohibited. however, the superintendent of the building department may grant a permit, upon proper application, for the temporary installation and use of a mobile home or trailer wherein the dwelling previously existing upon the premises has been damaged due to fire or other cause and the damaged structure is in the process of replacement or repair.”

• Accessory dwellingsLimited

  Residential use of a second building on the same lot inside Hempstead village

  • A separate ADU ordinance, if any, was not found.

  “no building in the rear of any other building on the same lot shall be used for residence purposes.”

• Subdividing landRegulated (with conditions)

  Reduction or formation of lots inside Hempstead village

  • Resulting lots and buildings must comply with all zoning chapter requirements.
  • Separate subdivision regulations and planning board procedure not opened.

  “no lot shall be reduced in area or dimension and no lot shall be formed unless such reduction or formation is effected so that the lot or lots, as reduced or formed, and the buildings and structures thereon, if any, comply in all respects with the requirements of this chapter.”

• Driveway accessLimited

  Parking on lots with one- or two-family dwellings inside Hempstead village

  • Concerns parking surface/width on the driveway, not a curb-cut permit requirement.

  maximum driveway width for parking: <= 20 feet

  “no parking shall be permitted in the front yard, side or rear yard of any one-or two-family dwelling, whether previously existing or hereafter constructed, except upon a single paved driveway not exceeding 20 feet in width.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Village of Hempstead or Nassau County directly.

• Building permit — Building permits inside Hempstead village
• Owner-builder exemption — Owner-builder exemption inside Hempstead village
• Building code adopted — Building code inside Hempstead village
• Inspections — Building inspections inside Hempstead village
• Certificate of occupancy — Certificates of occupancy inside Hempstead village

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.