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Village of Westbury, NY
Nassau County
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Table of Contents
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In an Apartment 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:
A. 
One or more of the purposes set forth in Article IV, § 248-6.
B. 
Multiple dwelling or apartment house conforming to the provisions of the Multiple Dwelling Law,[1] as amended from time to time, and to the provisions of this article.
[1]
Editor's Note: Provisions of this law available in the Village Clerk's office.
C. 
Community group garage so located on the lot that no part thereof will be nearer the street or streets on which the lot has any frontage than the wall of the main building most distant from such street and most nearly parallel thereto.
No multiple dwelling shall contain more than 24 apartments to house 24 families; however, there shall not be more than four apartments to house four families on any one floor. Multiple dwellings containing not more than 24 families in each unit may be constructed to form one apartment building, provided that each such unit is separated from one another by a fire wall, as defined by the Multiple Dwelling Law, starting from the foundation and extending throughout the entire height, and further provided that no group of units so constructed shall contain more than 180 apartments to house 180 families. Where units are joined, as herein above provided, there shall be one unit not exceeding three stories or 40 feet in height for each unit over three stories or 40 feet in height.
The minimum lot area for multiple dwellings shall be 1,500 square feet per family, but in no event shall the lot area be less than 7,500 square feet.
A. 
Where a multiple dwelling is erected on a lot abutting a residence district of higher classification, a minimum side and/or rear yard of 75 feet abutting said district will be required.
B. 
A fence, of a size and type to be approved by majority vote of the Planning Board, must be erected on or within the property lines of any lot or plot in this district with supporting or bracing members facing the interior of the aforesaid lot or plot.
[Added 10-2-1958; amended 7-30-1985 by L.L. No. 5-1985]
No multiple-dwelling unit shall exceed six stories with a maximum height of 72 feet. That portion of such multiple-dwelling unit extending upward over three stories or 40 feet in height shall not be greater in building area than 50% of the area of the entire building unit and all such buildings shall be equipped with an automatic passenger elevator which shall be operated between the ground story and the highest story of the building at all times.[1]
[1]
Editor's Note: Former § 50-48, Fireproof construction required, which immediately followed this section, was deleted 12-2-1999 by L.L. No. 3-1999.
In case of a building other than one used for dwelling purposes, no building or part thereof shall exceed three stories, with a maximum height of 45 feet, except a church spire or belfry.
The building area shall not exceed 20% of the lot area.
[Amended 5-16-1991 by L.L. No. 1-1991]
Each multiple-dwelling unit or apartment shall provide a minimum clear floor area of the following square footage:
A. 
Studio units: 500 square feet.
B. 
One-bedroom units: 600 square feet.
C. 
Two-bedroom units: 750 square feet.
D. 
Each additional bedroom: 100 square feet.
That portion of any building which faces a public street shall have a minimum setback of 75 feet from the property line, except that a building or portion thereof that does not exceed three stories or 40 feet in height shall have a minimum setback of 50 feet from the property line.
On a corner lot, a front yard shall be required on each street, and, unless the building is controlled by § 248-58, the front yard on a narrower street frontage shall be not less than 75 feet in depth, and the other front yard shall be not less than 50 feet in depth, and if the street frontages are equal, a minimum front yard of 75 feet in depth shall be required on each street front.
On an interior lot a multiple dwelling consisting of one or more units shall have two side yards, one on each side of the main building, each of which shall be not less than 50 feet in width.
On a corner lot a multiple dwelling shall have only one side yard abutting an interior lot adjacent thereto, said side yard to have a minimum width of 50 feet. The other side yard fronting on the street shall be considered a front yard and shall conform to the provisions of § 248-56.
In the case of a multiple dwelling there shall be a rear yard, the depth of which shall not be less than 50 feet.
No apartment house or multiple dwelling, as provided for herein, shall be permitted unless provided with municipal sewerage or un-less an independent sewage-disposal plant, approved by the Nassau County Department of Health, is constructed for the sanitary disposal of the sewage of such buildings.
In the case of a multiple dwelling there shall be provided on-the-premises parking or garage facilities adequate to accommodate three automobiles for each four apartments.
[1]
Editor's Note: See also Article XXXI, Comprehensive Off-Street Parking and Loading Regulations.
[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 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.