In a Residence C District the following regulations
shall apply: No building may be erected, altered or used and no lot
or premises may be used except for:
[Amended 10-9-2003 by L.L. No. 7-2003]
[Amended 10-9-2003 by L.L. No. 7-2003; 9-22-2005 by L.L. No.
5-2005]
The building area of a single-family dwelling
shall not exceed 40% of the lot area.
[Added 10-9-2003 by L.L. No. 7-2003;
amended 9-22-2005 by L.L. No. 5-2005]
The building area of a two-family dwelling shall
not exceed 25% 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 25 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]
No more than 40% 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 10-9-2003 by L.L. No. 7-2003]
There shall be a rear yard the depth of which
shall not be less than 25 feet.
[Added 10-9-2003 by L.L. No. 7-2003]
There shall be a rear yard the depth of which
shall not be less than 30 feet.
[Amended 10-9-2003 by L.L. No. 7-2003; 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 dwelling, the aggregate width of which shall be at least 13 feet. Neither side yard shall be less than five 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 40 feet and of a depth of less than 100 feet, a variance or variances from the provisions of §§ 248-37 and 248-38 of this article are permitted when authorized by the Board of Appeals pursuant to Article XXXVI, § 248-326H. 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.
[Added 10-9-2003 by L.L. No. 7-2003;
amended 6-3-2010 by L.L. No. 2-2010]
In the case of a two-family dwelling, there
shall be two side yards, one on each side of the main dwelling, the
aggregate width of which shall be at least 30 feet. Neither side yard
shall be less than 10 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 10-9-2003 by L.L. No. 7-2003; 9-22-2005 by L.L. No.
5-2005]
No single-family 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 not be less than 20%
of the main floor area of the first floor, excluding piazzas, open
porches, enclosed porches, sun parlors or similar extensions. The
minimum ceiling height of this clear floor shall be not less than
seven feet six inches.
[Amended 5-16-1991 by L.L No. 1-1991]
No single-family dwelling shall be erected unless
it has a clear floor area of at least 900 square feet. No two-family
dwelling shall be erected unless the principal dwelling unit therein
has a minimum clear floor area of 750 square feet and the accessory
dwelling unit therein has a minimum clear floor area of 550 square
feet.
[Added 10-1-1998 by L.L. No. 9-1998;
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 10-9-2003 by L.L. No. 7-2003; 9-22-2005 by L.L. No.
5-2005]
Buildings other than dwellings shall not exceed
35 feet in height. Such buildings shall have a side yard on each side
of the building at least 15 feet wide.
[Amended 6-3-2010 by L.L. No. 2-2010]
In the case of a corner lot in a Residence C 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 15% of the width of the lot, but need not be more than 10 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 15% of the width or length of the lot, but need not be more than 10 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; amended 10-9-2003 by L.L. No. 7-2003]
A.
No building shall be constructed on a lot having a
width and a frontage of less than 40 feet where a minimum lot area
of 4,000 square feet is required, 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.
B.
No building shall be constructed on a lot having a
width and a frontage of less than 75 feet where a minimum lot area
of 7,500 square feet is required, except that, where a lot fronts
on a turnaround in a subdivision, the Planning Board may reduce the
required frontage to not less than 70% of the requirement.
[Added 8-7-2014 by L.L. No. 10-2014]
No one-family dwelling 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]
No two-family dwelling building hereafter shall be constructed,
enlarged, extended, reconstructed, altered or partitioned so as to
provide more than one kitchen and three rooms for sleeping purposes
per family unit, nor shall more than three rooms in any family unit
within a 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 and two-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.
