In a Residence A District the following regulations
shall apply. No building may be erected, altered or used, and no lot
or premises may be used, except for one or more of the following purposes:
A.
A detached single-family dwelling.
B.
A park.
C.
A farm, provided that there shall be no display of
products other than in growth and no advertising on the premises.
D.
A horticultural nursery.
E.
A church or other place of worship, provided that a special use permit has been issued for such use by the Board of Trustees pursuant to Article XXIX of this chapter.
[Amended 2-6-1997 by L.L. No. 3-1997]
F.
A school, supported by public taxation only or parochial.
[Amended 4-8-1957]
G.
A club, except one the chief activity of which is one customarily carried on as a gainful business, subject to Article XXIX, Special Use Permits, of this chapter.
[Amended 7-30-1985 by L.L. No. 5-1985]
H.
A public library, public art gallery, public museum,
municipal firehouse and municipal recreational use; day school use
for children of school and preschool ages on a plot of not less than
one acre.
[Amended 4-8-1957; 9-14-1995 by L.L. No. 2-1995]
I.
The office of a doctor, dentist, teacher, musical
or other professional person residing on the premises, provided that:
[Amended 11-17-1988 by L.L No. 5-1988]
(1)
Such office use is confined to the ground level of
the dwelling occupied by such professional person.
(2)
The portion of the floor area of the dwelling not
utilized for such professional use equals or exceeds the minimum floor
area required for residential use, as specified by the provisions
of the article of this chapter applicable to the residential zoning
district in which such dwelling is located.
(3)
There is no display of advertising except a professional
sign or nameplate not exceeding two square feet in surface area.
(4)
The number of persons engaged in working in any such
office at any one time, excluding the professional person residing
on the premises but inclusive of professional associates, shall be
limited in number so as not to exceed two such workers or professional
associates.
(5)
A minimum of two off-street parking spaces are provided on the premises for the automobiles of patients, clients, employees and visitors, in addition to the number of off-street parking spaces otherwise required for residential use, pursuant to the provisions of Article XXXI, Comprehensive Off-Street Parking and Loading Regulations, of this chapter.
(6)
A certificate of occupancy for such professional office
use shall have been issued by the Superintendent of Buildings.
J.
Customary home occupation, such as dressmaking or
millinery, a chiropractor, accountant or architect, conducted by resident
occupants only, provided that there is no display of advertising except
a small announcement card or sign, and that such uses be confined
to 1/4 of the floor area of the residence building. In no case shall
such occupations be conducted in a basement or cellar or in an accessory
building.
[Amended 12-2-1999 by L.L. No. 3-1999]
K.
Accessory uses.
(1)
Accessory uses on the same lot with and customarily
incidental to any of the above permitted uses, including a private
garage, greenhouse or outdoor shed, not exceeding 100 square feet
in floor area and eight feet in height and used for storage of garden
tools and other household items only. Except as above permitted, accessory
uses shall not include any use customarily carried on as a business
or industry, nor any driveway or walk giving access thereto, nor any
display visible from the street, nor any billboard or advertising
signboard or sign. Accessory buildings shall not be used for residence
purposes. No private garage or accessory building shall be placed
within 10 feet of any dwelling on another lot nor within three feet
of any property line.
[Amended 10-16-1997 by L.L. No. 8-1997; 12-2-1999 by L.L. No. 3-1999; 10-6-2011 by L.L. No. 4-2011]
(2)
The parking or storage of a commercial vehicle on
a lot in any residence district shall not be deemed an accessory use
and is prohibited, except that the parking or storage of one commercial
vehicle not exceeding one ton carrying-capacity owned and used by
the owner or tenant of the lot wholly within a private garage located
on said lot shall be deemed an accessory use and is permitted.
(3)
Fences as accessory uses.
[Added 10-16-1997 by L.L. No. 8-1997]
(a)
No fence shall exceed six feet in height. The following shall not apply to hedges, trees or shrubbery boundary line markers. All fences erected in accordance with these provisions shall be located so that all portions of a fence, including any footings or foundations, shall be erected within the property lines of the building lot unless all owners of the adjoining lots shall consent, in writing, to the construction of a fence on the property line between two separately owned lots. A building permit shall be required for any fence to be constructed over four feet in height and in accordance with these provisions and in conformity with Chapter 187, § 187-2, of the Village of Westbury Property Maintenance Code.
[Amended 6-3-2010 by L.L. No. 2-2010]
(b)
Fences no more than six feet in height may be
erected on an interior lot enclosing the rear yard and side yards
from the front setback line of the particular residential lot or,
if closer to the street, the front wall of the residential building
on the lot to the rear property line of the lot.
(c)
Fences no more than six feet in height may be
erected on a corner lot enclosing the rear yard and side yard from
the front setback line of the particular residential lot or, if closer
to the street, from the front building line of the residential building.
[Amended 6-3-2010 by L.L. No. 2-2010]
(d)
In all cases involving the installation of stockade
fences, said fences shall be constructed with the dressed side facing
the street or adjacent property.
[Added 10-16-1997 by L.L. No. 9-1997]
[1]
Editor's Note: This local law also repealed
former Subsection K, which permitted signboards for renting or sale
of real estate, and relettered Subsection L as K.
[Amended 9-22-2005 by L.L. No. 5-2005]
The building area shall not exceed 20% of the
lot area.
[Amended 6-3-2010 by L.L. No. 2-2010]
There shall be a front yard, the depth of which shall not be less than 30 feet. In the event that any accessory building, including a private garage, which is not attached to a dwelling is constructed between the building front line of the dwelling unit and the street line of the lot, the front yard shall be the distance between the building front line of the accessory building or private garage and the front line of the lot. This definition shall in no way serve to allow accessory buildings or garages to be located in front yards in which construction is prohibited by this Chapter 248 of the Village Code.
[Added 6-21-2000 by L.L. No. 3-2001;
amended 9-22-2005 by L.L. No. 5-2005]
No more than 30% of a front yard of a premises
used for residential purposes shall be paved, and the parking of motor
vehicles on the unpaved portion of a front yard, other than a driveway,
is prohibited.
[Amended 9-22-2005 by L.L. No. 5-2005]
There shall be a rear yard the depth of which
shall not be less than 30 feet.
[Amended 9-22-2005 by L.L. No. 5-2005; 6-3-2010 by L.L. No.
2-2010]
In the case of a single-family dwelling, there
shall be two side yards, one on each side of the main building, the
aggregate widths of which shall be at least 30 feet. Neither side
yard shall be less than 12 feet wide; provided, however, that in the
case of a lot held in single and separate ownership at the effective
date of this chapter and of a width of less than 75 feet and/or a
depth of less than 100 feet, six inches may be deducted from the required
aggregate width of the side yards for each foot in width that such
lot shall lack of the said 75 feet, but no side yard shall be less
than eight feet wide for all lots with frontage of 50 feet or more
or less than five feet wide for lots with frontage of less than 50
feet, and/or six inches may be deducted from the required depth of
the rear yard for each foot in depth that such lot shall lack of the
said 100 feet, but the depth of such rear yard shall in no case be
reduced thereby to less than 15 feet. In the event that any accessory
building, including a private garage, which is not attached to a dwelling
is constructed adjacent to and between the dwelling unit and the side
line of the lot, the side yard on the side where the accessory building
or private garage is constructed shall be the distance between the
accessory building or private garage and the adjacent side line of
the lot. In the case of a corner lot, there shall be no aggregate
side yard requirement.
[Amended 9-22-2005 by L.L. No. 5-2005]
No dwelling shall be erected which is less than
20 feet in height or which exceeds 30 feet in height. The clear floor
area of the upper floor shall be not less than 20% of the main floor
area of the first floor, excluding piazzas, open porches, enclosed
porches, sun parlors or similar extensions.
[Amended 9-22-2005 by L.L. No. 5-2005]
No dwelling shall be erected having the main
roof with a pitch less than 6 1/2 inches to the foot.
No dwelling shall be erected which has a clear
floor area of less than 1,200 square feet.
[Amended 10-1-1998 by L.L. No. 9-1998; 10-9-2003 by L.L. No.
7-2003]
No private garage or other accessory building
shall be erected on any plot prior to the erection of a dwelling thereon,
except for construction purposes. Every such accessory building shall
be erected in conformity with the dwelling upon such plot. A private
garage may be erected at a level no more than one foot below grade
level.
[Amended 9-22-2005 by L.L. No. 5-2005]
Buildings other than dwellings and accessory
buildings shall not exceed 35 feet in height. Such buildings 25 feet
in height or less shall have a side yard on each side of the building
at least 15 feet wide. Such buildings over 25 feet in height shall
have a side yard on each side of the building at least 20 feet wide.
[Amended 6-3-2010 by L.L. No. 2-2010]
In the case of a corner lot in a Residence A District, a building shall be required to comply with the front yard setback restrictions applicable to that district only on the narrower or narrowest of two or more street fronts. The depth of any other front yard from the other street lines shall be 25% of the width or length of the lot, but need not be more than 25 feet. In the case of a corner lot with two or more sides equal in length on street fronts, a building shall be required to comply with the front yard restrictions applicable to that district only with regard to the front yard where the front door, as defined in § 248-2 is located, and the depth of any other front yard from the adjoining street shall be 25% of the width or length of the lot, but need not be more than 25 feet. Nothing contained in this section shall affect or change the definition of "front yard," "rear yard" or "side yard" as contained in § 248-2, Definitions and word usage, nor shall this affect the application of setback requirements except as expressly provided in this section.
[Added 12-2-1965]
No building shall be constructed on a lot having
a width and a frontage of less than 75 feet, except that where a lot
fronts on a turnaround in a subdivision the Planning Board may reduce
this required width and frontage to not less than 70% of the requirement.
[Added 8-7-2014 by L.L. No. 10-2014]
No building hereafter shall be constructed, enlarged, extended,
reconstructed, altered or partitioned so as to provide more than one
kitchen and five rooms for sleeping purposes, nor shall more than
five rooms in any one building be used for sleeping purposes. For
the purposes of this section, all accessory buildings and accessory
uses to the main buildings shall be included in determining compliance
with the provisions of this section.
[Added 8-7-2014 by L.L. No. 10-2014]
Nothing contained herein shall be interpreted to permit the
establishment of an additional bedroom or kitchen in an accessory
building.
[Added 7-30-1985 by L.L. No. 5-1985;
amended 2-5-1987 by L.L. No. 1-1987]
Except for single-family dwellings, public schools, municipal uses of the Village of Westbury and accessory uses permitted thereto, and except as exempted by § 248-252 of this chapter, no building permit shall be issued and no building or use shall be established, except in conformity with a site development plan or special use permit, as appropriate, approved in accordance with Articles XXVIII and XXIX of this chapter.
