The Board of Trustees may rezone any property
in the C Residence District to CA Residence District if and only if
such property measures at least 13,500 square feet in contiguous area
and was not developed in whole or part with any residential uses for
a continuous period of not less than 10 years immediately prior to
the effective date of this chapter. 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.
Single-family townhouses, 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 or other similar uses that may be authorized by the Board
of Zoning Appeals 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.
No building shall be greater than 2 1/2
stories and 33 feet in height to peak.
[Amended 10-10-2006 by L.L. No. 2-2006]
The lot coverage shall not exceed 35% of the
lot area.
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.
A.
Accessory buildings may occupy no greater than 40%
of the area of the rear yard, with a maximum 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. All pools shall be shown on the site plan
and may be permitted by the Board of Trustees of the Village of Atlantic
Beach 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:
(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 single-family townhouse;
(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)
No aboveground pools are permitted.
(3)
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 Building
Inspector.
(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 Subsection B(3)(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 Board of Trustees or the Building Inspector 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 Board of Trustees.
(k)
No permission shall be granted for the installation of any swimming pool unless the plans meet the requirements of Article XI of this chapter, and/or such other requirements imposed by the Board of Trustees or the Building Inspector.
(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 to 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 Board of Trustees or the Building Inspector.
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C.
In the case of a single-family townhouse, there shall
be provided on the premises such parking or garage facilities adequate
to accommodate two automobiles for each dwelling.
No property in the CA Residence District shall
be utilized for greater than one living unit per 2,500 square feet
of lot area.
No single-family townhouse 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.
[1]
Editor's Note: Former § 250-55, Fences, was repealed 8-10-2020 by L.L. No. 2-2021.
Any rezoning of eligible property to the CA Residence District shall proceed in compliance with the disclosure provisions of Article XII. The Board of Trustees shall ensure that any such hearing shall also be on at least 10 days' written notice to each residence in the Village. There shall be compliance with the hearing procedure applicable to amendments under Article XIV. The process shall start with the filing of a petition to the Board of Trustees setting forth the proposed development, accompanied by a site plan indicating the proposed placement of structures and buildings on the site. Such site plan shall conform to the requirements of Article XV, § 250-112, and shall set forth such additional information as may be required by the Building Inspector or Board of Trustees. If the Board of Trustees shall determine to grant the rezoning, it shall have the power to vary any regulations set forth in this article, as part of its site plan approval process under Article XV, § 250-112, except that it shall not have the authority to vary the applicability standards of § 250-44 of this article. Upon the grant of rezoning, and the processing and approval of a building permit application, the property may be developed in compliance with the approved site plan and any and all conditions imposed by the Board of Trustees and Building Inspector. The time limits shall be as set forth at Article XII, §§ 250-90 and 250-91.
After property has been rezoned to CA Residence District, every subsequent application for a building permit for new buildings or building expansion in the CA Residence District shall be subject to the preparation of a new site plan and the conduct of a public hearing before the Board of Trustees, as set forth under Article XV, § 250-112, of this chapter. Such approval shall be in addition to any variances or special exceptions which may be required from the Board of Zoning Appeals.
