In a CA Residence District, the following regulations shall
apply.
A building may be erected, altered or used and a lot or premises
may be used for the following purposes, and for no other:
A.
Multiple-family dwellings, including the office, studio or occupational
room of a professional person, such as a physician, dentist, lawyer,
artist, architect, real estate broker, engineer or accountant when
located in the same apartment or suite of rooms in which the practitioner
resides and incidental to such residential use, and provided that
there is no display of goods or advertising than a sign not larger
than six inches by 12 inches attached to the building and bearing
only the name and occupation (words only) of the practitioner.
B.
No basement or cellar shall be occupied as living or sleeping quarters
except for a janitor's apartment in the basement. Not more than 50%
of the total floor area of any apartment shall be located above the
second floor level.
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.
[Effective 7-29-1974]
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.
Cornices, eaves, gutters or bay windows projecting not more
than 24 inches are hereby permitted as encroachments.
[Effective 12-5-1992]
A.
Accessory buildings may occupy no greater than 40% of the area of
the rear yard, with an average height of no greater 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. An accessory building shall not be nearer to any front property
line than 45 feet and must be at least two feet from the rear and
side property lines, except that accessory garages may have a party
wall.
B.
Outdoor or indoor pools shall be considered accessory structures
and 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 as a special exception
only upon making a finding as part of the resolution granting said
special exception 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 the residents and guests of the subject
multiple-family dwelling;
[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 50 feet of any external
property line nor within 100 feet of any residence district boundary.
(h)
The fence referred to in § 105B(2)(f) above shall
be erected at least eight feet from the edge of the pool. Said fence
shall be at least 45 feet from any property line unless the Town Board
of the Town of Hempstead shall direct otherwise 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 75 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 had 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.
C.
In the case of a multiple dwelling, there shall be provided on the
premises such parking or garage facilities adequate to accommodate
four automobiles for each three apartments. Such garage facilities
shall not include space for more than six cars in one accessory building.
No multiple-family dwelling shall be erected or altered to accommodate
or make provision for more than 20 families per acre, exclusive of
street areas, or more than a proportionate number of families on any
fractional part of an acre of land.
No multiple-family dwelling shall be permitted unless provided
with municipal sewage disposal facilities or unless an independent
sewerage system or installation approved by the Nassau County Department
of Health is constructed for the sanitary disposal of the sewage of
such buildings.
[Effective 3-28-1975]
A fence, not exceeding six feet in height, shall be permitted on the rear lot line and side lot lines; provided, however, that said fence along the rear lot lines and side lot lines shall not exceed a greater distance frontward to the street than the street side building line of buildings constructed pursuant to regulations of this article; and with respect to all other lot lines, any fence shall not exceed four feet in height except when authorized by the Board of Zoning Appeals, pursuant to Article XXVII hereof.
