Notwithstanding the provisions of the Building
Code of the Village, this chapter or any other ordinance of the Village regulating
the use of land or the erection of buildings and structures or the
installation of sanitary, electrical, heating or other facilities
therein, land may be used and buildings or structures may be erected,
altered and used in any use district of the Village, as defined by
this chapter, for the purpose of fallout shelters as provided in this
article.
As used in this article, the following terms
shall have the meanings indicated:
FALLOUT SHELTER; SHELTER
Any building or structure or part thereof designed and used
in accordance with this article for protection against atomic radiation
resulting from nuclear explosions.
FAMILY SHELTER
Any fallout shelter built as an accessory to a single-family
or two-family dwelling and designed for the protection of the occupants
of such dwelling.
NET AVAILABLE AREA
The floor area of a fallout shelter within the walls of the
fallout shelter and available for fallout shelter purposes, such as
for sleeping, eating, food preparation, toilets, storage of food,
water, bunks and other supplies and material.
No fallout shelter shall be occupied or used
until a certificate of occupancy shall have been issued by the Superintendent
of the Building Department certifying that it complies with this article.
Every fallout shelter detached from the main
building on the premises and having an entrance which is not through
such main building shall be supplied with ventilation pursuant to
this section:
A. Rate of air intake generally. All such shelters shall
provide for a fresh-air intake of three cubic feet per minute for
each intended occupant.
B. Family shelters. Family shelters may provide ventilation
by means of hand-operated blowers with a hooded intake and hooded
exhaust sufficient to exclude fallout particles.
C. Group shelters. Group shelters must provide power-driven
ventilation systems with filters sufficient to exclude fallout particles.
Every group shelter shall be provided with electric
current sufficient to operate all required facilities which may be
operated by power and to furnish adequate light, with an emergency
auxiliary power source.
No fallout shelter shall be constructed beneath
any building and no shelter shall be constructed outside of any building
any part of which is below the highest level of the groundwater table
for such location, as determined from the records of the Nassau County
Department of Public Works, unless the plans for waterproofing such
fallout shelter have been approved by the Superintendent of Buildings.
No fallout shelter shall be constructed beneath
any building accessory to the main building on the same plot and no
such shelter shall be constructed outside any building any part of
which is above the grade of the immediately surrounding land unless
it shall comply with the setback regulations of this chapter for the
use district in which the premises are located.
No fallout shelter shall be constructed outside
of any building except in conformity with the following regulations
in addition to the regulations relating to such shelter hereinbefore
provided:
A. Restricted to rear yard. No such shelter, any part
of which is above the grade of the immediately surrounding land, shall
be constructed or maintained except in a rear yard.
B. Effect of setback regulations. Each such shelter shall
comply with the side and rear yard setback regulations of this chapter
for the use district designated by said ordinance in which the premises
are located.
C. Use restricted. No such shelter shall be used for
any purpose except during a period when there is actual or anticipated
and imminent danger from atomic radiation or during a drill or practice
exercise authorized or conducted by the Nassau County Office of Civil
Defense, except that a family shelter may be used at other times for
occasional recreational purposes.
D. Purpose to be accessory to main building. No such
shelter shall be constructed or used except as an accessory to a main
building on the same plot.
The Village Board of Zoning Appeals may permit
the construction on any premises of a fallout shelter not conforming
to the location or setback requirements of this article or of this
chapter if it shall find that compliance with such requirements shall
cause practical difficulties in the construction of an adequate shelter
upon such premises and, in granting such permission, may impose such
conditions for the protection of persons and property affected by
the proposed construction as it may deem reasonable and in the public
interest. Such permit shall be granted after application and hearing
in the manner provided by the Village Law and this chapter for granting
by said Board of variances from the regulations of said ordinance.