§ 70-100.2. Accessory structures., Article XI. Accessory Buildings and Structures; Encroachments; Swimming Pools, Chapter 70. Zoning, Code of Ordinances, North Hempstead

Fencing within residence districts shall:

(1)

Not, if in existence under a Town permit on May 7, 1996, be affected by the following provisions of this subsection, except that if repairs to more than 50% of such a fence are required, the repaired fence shall comply with this subsection.

(2)

Not be located, at any point, in the area between a public or private street and the nearest effective building line. For the purposes of this subsection only:

(a)

The term "building line" shall mean a straight line continuing the line established by an exterior wall of a residential structure to the point where it intersects a property line;

(b)

The term "effective building line":

[1]

In the case of a lot having frontage on only one street, shall not include that portion of a building line which lies between the residential structure and the street.

[2]

In the case of a lot having frontage on two or more intersecting streets shall include all of the building line.

(c)

The term "exterior wall" does not include the side of an entranceway or a porch;

(3)

Be constructed with the dressed side facing the street or adjacent property.

(4)

Not exceed four feet in height, except that:

(a)

A six-foot fence shall be permitted:

[1]

Where a residential district immediately abuts a business or industrial district.

[2]

Where a residential property immediately abuts a road maintained by the State of New York or by Nassau County and the main entrance of the dwelling on said residential property does not face the said road.

[3]

Where a residential property immediately abuts property dedicated as parkland by the State of New York, by the County of Nassau, by the Town of North Hempstead, by one of the Town of North Hempstead's park districts or by an incorporated village, or where a residential property abuts a Nassau County recharge basin.

[4]

In connection with a swimming pool when required by § 70-102C.

[5]

Along the rear property line.

(b)

A five-foot fence shall be permitted along the side property lines but in no case shall it extend forward of the front building line.

(c)

These provisions shall not apply to hedges, privets, trees or other shrubbery which are not limited in height, except as provided in § 70-203C.

Dangerous fencing.

(1)

In no case shall barbed wire, spikes, chipped glass, electricity or similar materials or devices be used in conjunction with or as part of any fence. No fence shall be permitted which is expressly designed with the intent to injure or malign anyone who attempts to climb such a fence. The exceptions to this rule are certain types of fences listed in § 70-100.2B(2).

(2)

Barbed wire or electric fences.

(a)

A fence which is seven feet high with a barbed wire, razor wire or spiked top or an electric shock fence which would not be detrimental to the health, safety or welfare of any person coming into contact with it may be permitted in the industrial districts, upon issuance of a conditional use permit by the Board of Zoning and Appeals:

[1]

Where it can be demonstrated that the fence is needed to prevent entry to an area which could be hazardous to the health, safety or welfare of a person or persons.

[2]

Where, in the Board's opinion, other reasons are presented which, in the general community interests or interests of national safety, justify the need for such a fence.

(b)

Where such fences are permitted, the fact that they are either barbed or electrified shall be clearly indicated on the fences at intervals of not more than 25 feet.

(Reserved)

Stationary outdoor fireplaces shall be at least 10 feet distant from side and rear property lines and shall not exceed five feet in height.

Pools shall not exceed two feet in depth, except when in compliance with the provisions of § 70-102C(2)(b), and no such pools shall be constructed, except in compliance with the regulations of the Nassau County Department of Health and unless provided with a drain or outlet to permit the same to be emptied.

Pergolas shall not exceed 10 feet in height.

Portable sheds shall not exceed 100 square feet and shall be located only in the rear yard not less than three feet from any property line.

No accessory structure or building shall be erected upon the premises for the purpose of containing air-conditioning equipment, ventilating fans and appurtenances thereto; such air-conditioning equipment, ventilating fans and appurtenant equipment shall be contained within the confines of the main building or upon the roof thereof. In the alternative, a central air-conditioning unit of five tons or less may be installed in the rear or side yard when the outer face of the unit is not less than three feet from the side and rear property lines but in no case shall such unit be located more than three feet from the subject dwelling. A central air-conditioning unit may be located in a front yard provided it complies with § 70-101H. Central air-conditioning units located less than five feet from a property lot line or located in the front yard must be screened from view from adjoining properties and the street by evergreen plantings or fencing in compliance with § 70-100.2.

Other accessory structures not mentioned herein shall be located in accordance with the requirements for accessory buildings as provided in § 70-100.1A to G.

Parabolic satellite dish antennas with a diameter greater than three feet, designed to receive or transmit signals from space satellites, shall be deemed accessory structures for the purposes of this section. Provisions of § 70-100.IC, D and E shall apply to the installation of use of dish antennas. In addition, the following provisions shall further limit and regulate the installation and use of dish antennas:

(1)

Dish antennas shall only be permitted in rear yards; there shall be no more than one dish antenna per plot.

(2)

Subject to the provisions of § 70-100.1A, a dish antenna shall not occupy more than 20% of the rear yard in which it is situated; no part of the dish antenna shall be located any closer than 10 feet to the side or rear lot line or any closer to said line than the distance which is equal to the height of the antenna plus six feet, whichever is greater.

(3)

No part of the dish antenna, except for footings, foundations or buried wire, shall be located below ground level; the natural grade of the ground shall not be raised for the purpose of installing a dish antenna.

(4)

Dish antennas shall be screened from adjoining lots and roadways by a completely planted visual barrier consisting of evergreen plantings, the height of which, after planting, is at least equal to the height of the dish antennas.

Generators and aboveground fuel tanks shall be permitted only in the side and rear yard so long as the outer face of the generator or fuel tank is not less than five feet from the side and rear property lines but in no case shall such generator or fuel tank be located more than five feet from the subject dwelling.

Light piers or decorative piers shall be permitted in the front yard of a dwelling, subject to the following:

(1)

A maximum of four light piers or decorative piers are permitted.

(2)

A residential property with a circular driveway may have one pier installed on each side of both driveway entrances.

(3)

Piers shall be a maximum of two feet in any horizontal dimension with a maximum height of three feet.

Arbors not exceeding eight feet in height and five feet in any horizontal dimension shall be permitted in a side yard within a line of fencing or other barrier. No more than one arbor shall be permitted in any side yard per line of fencing or other barrier separating yards.

A maximum of one freestanding flagpole, not exceeding 20 feet in height, shall be permitted in the front yard of any residential property. A flagpole must be set back from all property boundaries a distance which is at least equal to the height of the pole. For purposes of this code, a "flagpole" shall mean a pole that is professionally manufactured for the purpose of displaying flags. Makeshift structures, or manufactured poles that have become structurally unsafe, shall not be considered a flagpole.