Shed Permit for small shed? - Town of Hempstead (Nassau: construction, inspectors)
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A shed in the town of hempstead does require a permit unless it meets the below criteria. Below criteria is the only loop hole.
"Sheds which have an inside capacity of less than 52 cubic feet and do not exceed 72 inches in height shall not require building permits. Furthermore, these types of sheds may project into one of the required side yards, provided that the said side yard shall not be diminished to a width of less than five feet."
Otherwise if you don't meet that criteria you need to get a permit and follow the below rules.
A shed shall not exceed one hundred forty- four (144) square feet of floor area, nine (9) feet in height maximum, and twelve (12) feet horizontally maximum, unless authorized as a special exception by the Board of Appeals.
No shed shall be nearer any front property line than forty-five (45) feet and must be at least two (2) feet from the rear and side property lines. Shed must be located in the rear yard.
Not up for debate. These are the rules.
Technically though, you can also attached shed to house. The shed would be subject to house setbacks and lot coverage but it could be bigger and in side yard. This would obviously require a permit also.
The current Town Code, linked to from the official Town of Hempstead website has the disclaimer in A221-4B1 showing no permit is required. The information you show above is contained on the Building Department webpage but does not cite any code and may be outdated. The other information regarding the 52 cubic yard capacity does not appear in either place - where did you find that and is it dated?
In the OP's case, I'd go with the Town Code but be sure to keep a dated copy of it for my records.
The current Town Code, linked to from the official Town of Hempstead website has the disclaimer in A221-4B1 showing no permit is required. The information you show above is contained on the Building Department webpage but does not cite any code and may be outdated. The other information regarding the 52 cubic yard capacity does not appear in either place - where did you find that and is it dated?
In the OP's case, I'd go with the Town Code but be sure to keep a dated copy of it for my records.
You aren't looking in the right place. You need to look at the TOH BZO. I'm a licensed architect and do most of my work in TOH. I legalize sheds as a result of other permit projects all the time. Trust me..
No permit needed. Size isn't the issue. A resin shed is not considered a permanent structure and pavers are not considered a permanent base. ipso facto, no permit required.
Pretty sure this is right. Unless it's built on a concrete base.
Pretty sure this is right. Unless it's built on a concrete base.
You are right, you do not need a permit for a small resin shed that is less than 52 cubic feet. That is not what we are questioning. The newer question in the thread is do you need a permit if it is larger than that, and the answer is yes. Also it has nothing to do with being on a concrete base. Many sheds just sit on 4x4 pt lumber and still need permits. It has to do with the size.
Last edited by DesignBuild516; 05-16-2017 at 10:38 AM..
You aren't looking in the right place. You need to look at the TOH BZO. I'm a licensed architect and do most of my work in TOH. I legalize sheds as a result of other permit projects all the time. Trust me..
Trust me, this is from the Town of Hempstead. From the official website. Hover on Town Board then click on Building Code when it pops up. You'll get a message that you're being redirected to the site on which it is published. Scroll to the section I cited. Here's what it says:
"B.*
Exemptions. No building permit shall be required for work in any of the following categories:
(1)*
Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.88 square meters);"
Where did your 52 cubic foot description come from and is anything dated? Once again, the published code should have more legal authority to it than an informational sheet from the building department. The town board makes the laws, not the building department. If your statement is actually true this has "loophole" written all over it. It apparently could also cost you some work.
Trust me, this is from the Town of Hempstead. From the official website. Hover on Town Board then click on Building Code when it pops up. You'll get a message that you're being redirected to the site on which it is published. Scroll to the section I cited. Here's what it says:
"B.*
Exemptions. No building permit shall be required for work in any of the following categories:
(1)*
Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.88 square meters);"
Where did your 52 cubic foot description come from and is anything dated? Once again, the published code should have more legal authority to it than an informational sheet from the building department. The town board makes the laws, not the building department. If your statement is actually true this has "loophole" written all over it. It apparently could also cost you some work.
You need to look up the BZO. It is the Building Zoning Ordinance for the town of hempstead. This code is the building code for town of hempstead. The link is below. I don't know the clients zoning but I supplied the link for "Residence B" which is a common zoning. Most of Merrick, Bellmore, Wantagh, East Meadow, and Seaford are "Residence B" if they are on a typical side street. Check out item (10) it states the code I supplied earlier.
You need to look up the BZO. It is the Building Zoning Ordinance for the town of hempstead. This code is the building code for town of hempstead. The link is below. I don't know the clients zoning but I supplied the link for "Residence B" which is a common zoning. Most of Merrick, Bellmore, Wantagh, East Meadow, and Seaford are "Residence B" if they are on a typical side street. Check out item (10) it states the code I supplied earlier.
Please provide an updated link for whatever you are talking about since I showed you what I am talking about.
You're referring to the section that lists permissible encroachments and setbacks; the 52 cubic foot maximum references how far from the property line it must be set, not whether it is the maximum size for requiring a building permit.
My references are to the building code itself and I not only cited the subsection but quoted and linked it above but also told how to navigate to it. Here it is again:
B.*
Exemptions. No building permit shall be required for work in any of the following categories:
(1)*
Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.88 square meters);
The question from the OP and the continuing discussion have been about the size of the shed, not its placement. Please explain how the above is not applicable.
Sheds which have an inside capacity of less than 52 cubic feet and do not exceed 72 inches in height shall not require building permits. It say's it in the first sentence.. Anything over those dimensions and measurements will require a permit.. I'm not trying to bust your chops. You are just wrong. Call up the building department and they will confirm what I am telling you.
Sheds which have an inside capacity of less than 52 cubic feet and do not exceed 72 inches in height shall not require building permits. It say's it in the first sentence.. Anything over those dimensions and measurements will require a permit.. I'm not trying to bust your chops. You are just wrong. Call up the building department and they will confirm what I am telling you.
Please post your link to building code.
Okay, I found the link that you are talking about. I understand your confusion. Yes you are correct it does say what you are saying but I can 100% confirm to you that is out of date. I'm not trying to be a pain in the ass but I can tell you that for the last 8-10 years at least, the town has been requiring permits for sheds that are more than 52 cubit feet and do not exceed 72 inches. Furthermore sheds that are more than 144 require a variance because then they don't meet the accessory structure guideline.
I attached an image below which shows you the the BZO which is the rules for what is allowed in the town was updated online as recent as 2016. I don't see any markings such as that on the link you are talking about. I have been required to file over 50 sheds in the town of hempstead, hence why I am so fixated on explaining that the shed permit is required if you are out of those guidelines.
As I stated earlier, feel free to call the town. I am sure they will reiterate what I am telling you. I do understand your confusion tho because that online page you are quoting is 100% out of date.
Okay, I found the link that you are talking about. I understand your confusion. Yes you are correct it does say what you are saying but I can 100% confirm to you that is out of date. I'm not trying to be a pain in the ass but I can tell you that for the last 8-10 years at least, the town has been requiring permits for sheds that are more than 52 cubit feet and do not exceed 72 inches. Furthermore sheds that are more than 144 require a variance because then they don't meet the accessory structure guideline.
I attached an image below which shows you the the BZO which is the rules for what is allowed in the town was updated online as recent as 2016. I don't see any markings such as that on the link you are talking about. I have been required to file over 50 sheds in the town of hempstead, hence why I am so fixated on explaining that the shed permit is required if you are out of those guidelines.
As I stated earlier, feel free to call the town. I am sure they will reiterate what I am telling you. I do understand your confusion tho because that online page you are quoting is 100% out of date.
That's interesting because the below is cut and pasted directly from the source I cited:
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Includes legislation adopted through 02-07-2017.
Also not trying to be a pain in the ass, but I would not hesitate to put up a shed to the specifications outlined in in the section I cited without a permit. Since we've had this discussion, I'd probably also laminate the purchase receipt and that section and affix them to the inside of the shed if some overzealous civil servant someday created a problem.
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