[Effective 12-29-2008]
It is in the public interest for the Town to utilize its zoning
authority to solve a long-existing problematic use and at the same
time provide higher density housing near a popular railroad station
and bus route. It is envisioned that such proximate housing will increase
ridership of trains and buses in the vicinity. Moreover, by enacting
controls ensuring proper space for pedestrian walkways, accessory
uses and landscaped or recreational areas, the Town will be able to
ensure that this higher-density housing will be developed in a manner
that is aesthetically pleasing and protects surrounding area character
from the adverse effects of overcrowding or undue development. In
a CA-S Residence District, the following regulations shall apply.
A.
A building may be erected, altered or used and a lot or premises
may be used for the following purposes, and for no other:
(1)
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 other 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.
(2)
Accessory building, structures, and uses, including retail,
restaurant, and personal service uses, as part of a multiple-family
development, provided that the amount of retail, restaurant and personal
service uses do not exceed 7% of the total lot area.
(3)
Indoor and outdoor recreation, clubhouses, and community buildings
servicing the multiple-family development.
B.
No basement or cellar shall be occupied as living or sleeping quarters
except for a janitor's apartment in the basement.
No building shall be greater than 4 1/2 stories and 60
feet in height. "Height" shall be defined as applicable to the CA
Residence Districts (CA).
The building area shall not exceed 60% of the lot area, exclusive
of all landscaped areas and landscaped courtyards, whether or not
constructed above parking areas.
The required front yard depth shall be a minimum of 15 feet.
In the case of a corner lot, a front yard shall be required on each
street.
The required side yard depth shall be a minimum width of at
least 20 feet on each side, 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.
No multiple-family dwelling or other building shall be constructed
on a lot unless it contains an area of not less than 2.5 acres.
Cornices, eaves, gutters or bay windows projecting not more
than 24 inches are hereby permitted as encroachments.
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.
Swimming pools. Outdoor or indoor pools shall be considered accessory
structures and shall be subject to the following requirements:
(1)
Site plan. All pools shall be shown on the site plan and may
be permitted by site plan approval of the Town Board of the Town of
Hempstead based upon the following criteria:
(a)
Will not adversely affect the public health, safety and general
welfare;
(b)
Will be limited to use by the residents and guests of the subject
multiple-family dwelling;
(c)
Will not tend to depreciate the value of the property in the
area immediately adjoining the land being so used;
(d)
Will not tend to alter the essential character of the neighborhood;
and
(e)
Will not be visible to a significant extent from adjoining residential
properties nor interfere with the use and enjoyment of adjoining properties.
(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, other than the front yard, which shall not be located
within the front yard setback nor within 100 feet of any residence
district boundary.
(h)
The fence referred to in § 108.10(2)(f) above shall
be erected at least eight feet from the edge of the pool.
(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 25 feet to
any and all residence boundaries.
(o)
Any outdoor pool shall be constructed in such a manner 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.
In the case of a multiple dwelling, there shall be provided
on the premises parking or garage facilities adequate to accommodate
five automobiles for each three units. In the event that any single-car
garages or single driveways are provided, then each single-car garage
and single driveway shall count as one parking space and each double-car
garage and double driveway shall count as two parking spaces. A minimum
of one parking space for each 300 square feet of retail, take-out
restaurant, or personal service floor area shall be provided.
No multiple-family dwelling shall be erected or altered to accommodate
or make provision for more than 55 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.
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.
This CA-S Zone shall only be applicable to parcels of land conforming
to all of the following characteristics:
This CA-S Zone shall be a floating zone. Upon application to
the Town Board, a parcel may be considered for a change of zone to
CA-S if said parcel meets the bulk, area and location requirements
of this article and the Town Board makes a finding that said parcel
of land is located in a blighted area which includes significant criminal
activity and is in need of redevelopment and that the incentive to
increase density is in the best interest of the community in order
to encourage redevelopment and thereby eliminate such blighted use
or improve such blighted area.
