North Hempstead, NY Building Setbacks & Zoning: Setback Rules (2026)
Key Facts
- R-AAA front yard
- 40 ft. minimum (§ 70-10)
- R-AAA side yards
- 35% of lot width, 20 ft. min. each
- R-AAA rear yard
- 25 ft. (30 ft. if over 35 ft. tall)
- Garage-door side setback
- 25 ft. (§ 70-11E)
- First-offense penalty
- Up to $1,000 fine (§ 70-235K)
- Applies in
- Residence AAA (R-AAA) District
Summary
North Hempstead's Residence AAA District requires a 40-foot front yard, side yards totaling at least 35% of the lot's width (never less than 20 feet each), and a 25-foot rear yard for buildings up to 35 feet tall under Zoning Code Sections 70-10 through 70-12.
§ 70-10. Front yard. A. There shall be a front yard, the depth of which shall be not less than 40 feet from the front property line. ... § 70-11. Side yards. A. On an interior lot, a single-family dwelling shall have two side yards, one on each side of the main building, the aggregate width of which shall be not less than 35% of the width of the lot, but in no case shall any side yard be less than 20 feet in width. ... § 70-12. Rear yard. There shall be a rear yard, the depth of which shall be not less than 25 feet for all buildings 35 feet or less in height. For buildings over 35 feet in height, the depth of the rear yard shall be not less than 30 feet.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4892187; v82 updated 2026-04-21; through 04-21-2026).
Full Breakdown
Sections 70-10, 70-11 and 70-12 of the Zoning Code set the required yards for the Residence AAA District, North Hempstead's standard single-family zone. Section 70-10A requires a front yard at least 40 feet deep from the front property line; on a corner lot, Section 70-10B requires a front yard on each street, the narrower frontage at 40 feet and the other at least 35 feet. within 350 feet on each side of the lot on the same side of the street and within the same zoning district, or 40 feet, whichever is greater,' though no front yard can be forced deeper than 60 feet.
Side yards are set by Section 70-11A: an interior lot needs two side yards whose combined width is at least 35% of the lot's width, but neither side yard can be narrower than 20 feet. A corner lot instead needs just one 20-foot side yard under Section 70-11B, on the side opposite the front yard with the greater street frontage; where a garage door faces a side line, Section 70-11E adds a 25-foot setback from that line to the garage. The rear yard, under Section 70-12, must be at least 25 feet deep for buildings 35 feet tall or under, stepping up to 30 feet for anything taller.
10, carry their own larger or smaller numbers tied to that district's minimum lot size, so the controlling setback always depends on which zoning district a given parcel sits in.
Violations & Fines
Building or maintaining a structure that intrudes into the required front, side, or rear yard set by Sections 70-10 through 70-12 is punished under the Zoning Code's general penalty, Section 70-235K: up to $1,000 for a first offense, $1,000 to $2,500 for a second offense within five years, and $2,500 to $10,000 for a third, with up to 15 days' imprisonment and each week of the encroachment counted separately.
Frequently Asked Questions
How deep must my front yard be in North Hempstead's R-AAA district?
What are the minimum side yard widths?
How deep does my rear yard need to be?
Do these setbacks apply to every zoning district in North Hempstead?
Sources & Official References
Other rules in North Hempstead
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