[Effective 2-29-1980; 1-24-1987]
No land shall be placed in a Golden Age Residence District (GA)
unless either it shall be owned by the Town of Hempstead Housing Authority
or unless and until the Town of Hempstead Housing Authority shall
be the contract vendee of such land, or the land encompassing the
project shall have been found suitable for senior citizen housing
by the Town of Hempstead Housing Authority, or the land encompassing
a project shall have been approved by the United States Department
of Housing and Urban Development by the issuance of a letter approving
a preliminary proposal under the provisions of Section 8 of the National
Housing Act, and any improvements thereon erected or to be erected.
In such zone, a building may be erected, altered or used and a lot
or premises may be used for the purpose of multiple-family dwelling
especially designed for senior citizens.
[Effective 1-3-2010]
The Town Board may reduce the minimum age requirement pertaining
to any premises in the GA Golden Age Residence District from 62 years
to 55 years, upon a petition submitted by the property owner, and
may modify any declaration of restrictive covenants in that regard
which is enforceable by the Town of Hempstead, provided that such
premises shall comply with all requirements of this ordinance relating
to the reduced minimum age, and provided that such reduction shall
not violate any other provision of law.
No basement or cellar shall be occupied as living or sleeping
quarters, except that management and/or custodial employees' living
quarters may be provided in the basement area.
No building shall be greater than 2 1/2 stories or 35 feet
in height.
The building area shall not exceed 35% of the lot area, exclusive
of accessory buildings.
There shall be two side yards, one on each side of the main
building, each having a minimum width of at least 20 feet, except
that where there are two or more main buildings upon the plot, the
minimum side yard requirement of 20 feet shall apply only along the
side property lines of the entire plot.
There shall be a rear yard, the depth of which shall be at least
25 feet.
Vestibules, chimneys, cornices, eaves, gutters or bay windows
projecting not more than 60 inches are hereby permitted as encroachments
into yard areas.
[Effective 12-5-1992]
A.
Accessory buildings may occupy not more than 40% of the area of the
rear yard and not more than 15% of the total lot area, to an average
height of not more than 12 feet. The yard area occupied by such accessory
buildings shall be included in computing the maximum percentage of
the lot area which may be built upon.
B.
Outdoor or indoor pools shall be considered accessory structures
and are subject to the following requirements:
(1)
Site plan.
(a)
All pools shall be shown on the site plan and may be permitted
by the Town Board of the Town of Hempstead pursuant to § 305
of this ordinance upon the finding that the proposed pool and ancillary
equipment or facilities:
[1]
Will not adversely affect the public health, safety and general
welfare;
[2]
Will be limited to use by members and guests of the subject
golden age complex;
[3]
Will not tend to depreciate the value of the property in the
area immediately adjoining the land being so used;
[4]
Will not tend to alter the essential character of the neighborhood;
and
[5]
Will not be visible to a significant extent from adjoining residential
properties nor interfere with the use and enjoyment of adjoining properties.
(b)
No aboveground pools are permitted.
(2)
In order to ensure the health and safety of the community, and particularly
the children thereof, the following specific conditions hereby are
imposed on all swimming pools of permanent construction:
(a)
Any electric wiring for lighting or other use, other than for
lighting which is part of and enclosed in the pool structures, shall
not be maintained closer than 15 feet to said pool.
(b)
The pool shall be located no nearer than 20 feet to any cesspool
or dry well (excluding roof leader dry wells) on its own or adjacent
property.
(c)
Any water from a public water supply shall be introduced into
a swimming pool by means of a permanent rigid system of piping and
shall in every manner conform to the New York State Sanitary Code.
(d)
No swimming pool shall have a water capacity in excess of 7,500
gallons without a recirculating and filtering system of sufficient
capacity to meet good and accepted public health and engineering practice.
(e)
A permit, when issued, also may have endorsed thereon any such
reasonable rules and regulations for the operation, maintenance and
use of such pool as may be promulgated by the Town Board of the Town
of Hempstead.
(g)
No part of any pool shall be located within 33 feet of any external
property line.
(h)
The fence referred to in subsection § 129B(2)(f) above
shall be erected at least eight feet from the edge of the pool. Said
fence shall be at least 25 feet from any property line unless the
Town Board of the Town of Hempstead shall otherwise direct as part
of site plan approval.
(i)
A walkway of at least eight feet in width shall be built on
all sides of the pool.
(j)
All lighting accessory to said pool shall be located at a distance
of at least two feet therefrom and shall not throw any rays beyond
property lines. Underwater lighting may be part of the pool structure
where so designated on the plans submitted to the Town Board of the
Town of Hempstead.
(k)
No permission shall be granted for the installation of any swimming
pool unless the plans meet the requirements of §§ 252B
and 253 of this ordinance.
(l)
All applications and the plans submitted in connection therewith
shall indicate the approval of any governmental agency having jurisdiction
of the local water supply.
(m)
Application. The following information shall be submitted at
the time of the application for a permit for the entire development
or may be submitted at a later date as part of a request for a separate
swimming pool permit:
[1]
The location and size of the swimming pool area.
[2]
The location of all structures and improvements.
[3]
The location of the site in relation to adjacent properties
and buildings.
[4]
The location of all cesspools within 50 feet of the pool or
pool dry wells.
[5]
The size of the pool, including dimensions, design and elevation
thereof, drainage, sewerage, sanitary facilities, safety walkway around
the pool, fences and location thereof in relation to said pool and
property lines.
[6]
The location of all electrical wiring and lines.
[7]
The breakdown of estimated costs used in the application.
(n)
All heaters and filters used in or in connection with the operation
of the pool shall be located and placed not closer than 50 feet from
any and all residence boundaries.
(o)
Any outdoor pool shall be constructed in such manner so as to
permit the pool to be securely covered during such time as the use
of said pool has been seasonally discontinued. The covering of such
pool shall be by cloth or other substance of sufficient strength to
prevent the same from tearing or ripping when a weight of not more
than 175 pounds is placed on any part thereof.
(p)
No change in the location of the pool or any of its equipment,
fixtures or appurtenances as shown on the application as granted shall
be made without the express written consent and approval of the Town
Board of the Town of Hempstead.
A.
In the case of all multiple-family dwellings of three or more units
for which the minimum occupancy age is 62 years, there shall be five
parking spaces for each three units or apartments. In case of all
other multiple-family dwellings of three or more units, there shall
also be provided one common visitor parking space per unit or apartment.
Each single-car garage and single driveway shall count as two parking
spaces, and each two-car garage and double driveway shall count as
four parking spaces. Any garage facilities shall not include space
for more than six automobiles in one accessory building.
[Effective 5-18-1980; 9-12-1995; 1-3-2010]
B.
All open parking facilities provided pursuant to the requirements
of this article shall be paved or surfaced in accordance with sound
engineering and construction practices, and each parking space shall
be not less than nine feet in width by 20 feet in depth and shall
be individually identified by pavement marking.
C.
The parking of motor vehicles within 10 feet of any wall that contains
windows other than bathroom windows with a sill height of less than
eight feet above the level of said parking space shall be prohibited.
D.
All open surface parking spaces which face any wall containing windows
other than bathroom windows with a sill height of less than eight
feet above the level of the parking space shall be screened by a decorative
wall or fence or a thick hedge four feet in height above the average
finished grade of the parking lot, and such screen shall be placed
at least 10 feet from such building wall.
No multiple-family dwelling authorized hereby shall be erected
or altered to accommodate or make provision for more than 30 dwelling
units per acre, or more than a proportionate number of dwelling units
on any fractional part of an acre, and for the purpose of this section,
a dwelling unit shall be such combination of rooms with provision
for living, cooking, sanitary and sleeping facilities arranged for
the use of one family.
All parking areas and walkways shall be provided with suitable
lighting so arranged as to direct light away from adjoining lots in
any residence district and away from any public street.
No multiple-family dwelling authorized by this article shall
be erected, altered or used unless provided with municipal sewage
disposal facilities or unless an independent sewage disposal system
or installation approved by the Nassau County Department of Health,
where required, is constructed for the sanitary disposal of the sewage
of such dwelling.
