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Village of Westbury, NY
Nassau County
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Table of Contents
Table of Contents
[Added 5-4-2000 by L.L. No. 3-2000]
In a Residence AA 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 purposes set forth in § 248-6 of Article IV of this chapter.
No building shall he constructed on a lot of any area less than 15,000 square feet, unless authorized by the Board of Appeals pursuant to Article XXXVI, § 248-326A.
[Amended 9-22-2005 by L.L. No. 5-2005]
The building area shall not exceed 20% of the lot area and shall not be less than 10% 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 be not 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 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.
There shall be a rear yard the depth of which shall not be less than 50 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 width of which shall be at least 40 feet. Neither side yard shall be less than 18 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 or a depth of less than 150 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 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 150 feet, but the depth of such rear yard shall in no case be reduced thereby to less than 30 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 inches to the foot.
No dwelling shall be erected which has a clear floor area of less than 2,000 square feet.
[Amended 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. No such accessory building or garage shall exceed 15 feet in height. A private garage must 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 AA 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 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.
[Amended 9-22-2005 by L.L. No. 5-2005]
No building shall be constructed on a lot having a width and a frontage of less than 100 feet, except that where a lot fronts on turnaround in a subdivision, the Planning Board may reduce this required width and frontage to not less than 70% of the requirement.
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.
In a Residence AA District the subdivision or assemblage of parcels so as to create flag lot parcels shall be prohibited.
[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 building 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.