The provisions of this article shall apply in
a Residence A District.
A building may be erected, altered or used,
and a lot or premises may be used for any of the purposes set forth
in this section and for no other:
A. A single-family detached dwelling.
B. A regularly organized institution of learning approved
by the State Board of Regents and supported by public funds.
C. A public library, public art gallery, public museum,
municipal or volunteer firehouse, municipal park for recreational
use, railway passenger station.
D. A church or other building used exclusively for religious
purposes.
E. A parish house or parochial school.
F. Agriculture, provided there is no display of harvested
products for sale and no advertising on premises.
H. Accessory uses on the same lot with and customarily incidental to any of the above permitted uses, including those specified in Subsections
H,
I and
J.
I. A private garage, detached or attached or within the
main building.
J. Other accessory buildings or structures conforming to the provisions of §§
175-16 and
175-17, and Article
VII, §
175-67.
K. A professional office or studio of a doctor, dentist, lawyer, teacher, artist, architect, engineer, accountant or musician, provided the office or studio is located in the dwelling in which said professional person resides, and provided there is no display of advertising except a small professional plate as provided in Article
VI, §
175-60A(1).
L. Open air parking adjoining business districts of noncommercial automobiles accessory to and in connection with the permitted uses and buildings in the adjoining business district when authorized by the Board of Appeals pursuant to the provisions of Article
IX.
[Added 1-6-2003 by L.L. No. 2-2003]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
COMMERCIAL VEHICLE
Includes every type of motor vehicle used on the highways
for commercial purposes, including the transporting of goods, wares,
merchandise, passengers, or service personnel and equipment, and every
vehicle which bears one of the following types of registration plates
issued by the State of New York, or any equivalent or analogous designations
on vehicle registration plates issued by other jurisdictions: bus,
taxi, T&LC, farm, livery, school, tow truck, tractor-trailer or
commercial.
RESIDENTIAL PROPERTY
Any lot, piece or parcel of real property located within
the Residential A or the Residential F Zoning Districts of the Village.
B. No commercial vehicle shall be stored or parked on
any residential property within the Village. It shall be an affirmative
defense in any prosecution for a violation of this section that:
(1) It was reasonable or necessary for the vehicle to
be parked at the subject residential property while the vehicle operator
was actually engaged in either the loading or the unloading of the
vehicle at the subject residential property; or
(2) It was reasonable or necessary for the vehicle to
be parked at the subject residential property while the vehicle operator
was actually engaged in performing services on the subject residential
property, or improvements thereon, or performing services of a residential
nature for a resident of the subject residential property.
C. No commercial vehicle shall be serviced at any time
on any residential property within the Village, or on a public highway
which is immediately adjacent to any residential property within the
Village. It shall be an affirmative defense in any prosecution for
a violation of this section that such service was reasonable or necessarily
required before such vehicle could be safely moved to a permitted
location.
D. No commercial vehicles shall be washed or otherwise
cleaned at any time on any residential property within the Village
or on a public highway that is immediately adjacent to any residential
property within the Village.
[Amended 10-15-2007 by L.L. No. 5-2007]
A. In the case of a single-family dwelling, no building
shall exceed 2 ½ stories, with a maximum height of 30 feet,
measured from average preexisting ground level to the highest ridge
on the roof, or, with respect to a flat roof, to the highest point
of a flat roof.
B. No single-family dwelling shall have a horizontal
eaves fascia height greater than 22 feet measured vertically from
the finished ground level along the building facade to the top of
the roof eaves.
C. For purposes of this section, the basement or cellar, as defined in §
175-92 of the Code, in any building subject to this section shall be deemed a story if the exposed sublevel is at least four feet in height.
D. The height of any building that is neither a single-family
dwelling, nor a building or a structure that is accessory to a single-family
dwelling, shall not exceed three stories, with a maximum height of
45 feet, measured from average preexisting ground level to the highest
ridge on the roof, or, with respect to a flat roof, to the highest
point of a flat roof.
[Amended 4-5-1965; 1-10-1967; 6-14-1991 by L.L. No. 1-1991; 10-15-2007 by L.L. No.
5-2007]
A. No dwelling or other building shall be constructed
on a lot containing an area of less than 8,500 square feet or having
a street frontage of less than 85 feet.
B. Total floor area shall not exceed:
(1) Thirty-six percent of the lot area, where lot area
is equal to or less than 10,000 square feet; or
(2) Thirty-three percent of the lot area, where lot area
is greater than 10,000 square feet but not greater than 16,000 square
feet; or
(3) Thirty-one percent of the lot area, where lot area
is greater than 16,000 square feet.
C. The portion of the total floor area for any dwelling
allocable to the attic of such dwelling shall not exceed 35% of such
total floor area, with respect to a residence that has one story,
or 25% of such total floor area with respect to a residence that has
more than one story.
The building area shall not exceed 25% of the
lot area.
[Amended 12-13-1960; 12-13-1966]
No dwelling shall be erected unless it has a habitable floor area (as defined in §
175-92, as amended) of at least 1,600 square feet, and a ground coverage of at least 800 square feet.
[Amended 1-10-1967; 10-15-2007 by L.L. No. 5-2007]
A. A single-family dwelling on an interior lot shall
have two side yards, one on each side of the main building, the aggregate
width of which shall be not less than 25% of the width of the lot,
but in no case shall the width of any side yard be less than the greater
of 15 feet; or that distance which, when added to the actual distance
between the property line shared with the abutting lot and the closest
point of any dwelling on the abutting lot (defined for purposes of
this section as the actual abutting residential lot setback), equals
30 feet.
B. A single-family dwelling on a corner lot shall have only one side yard abutting an interior lot adjacent thereto. The minimum width of said side yard shall be the greater of 15 feet; or that distance which, when added to the actual abutting residential lot setback, if any, equals 30 feet. The other yard fronting on the street of such corner lot, regardless of how same may be used or perceived, shall be deemed for purposes of this Code as a front yard and shall conform to the provisions of §
175-12B.
C. A main building other than a single-family dwelling
on an interior lot shall have two side yards, each having a minimum
width equal to the greater of 15 feet, or that distance which, when
added to the actual abutting residential lot setback, if any, equals
30 feet, provided, that if such building is over 35 feet in height,
the width of each side yard shall be not less than the greater of
20 feet, or that distance which, when added to the actual abutting
residential lot setback, if any, equals 35 feet.
D. A main building other than a single-family dwelling on a corner lot shall have two front yards, both of which shall conform to the provisions of §
175-12B. The minimum width of the remaining side yard shall be equal to the greater of 15 feet; or that distance which, when added to the actual abutting residential lot setback, if any, equals 30 feet, provided, that if such building is over 35 feet in height, the width of such side yard shall be not less than the greater of 20 feet; or that distance which, when added to the actual abutting residential lot setback, if any, equals 35 feet.
[Amended 10-15-2007 by L.L. No. 5-2007]
There shall be a rear yard, the depth of which
shall be not less than 20 feet.
[Added 6-9-1964; amended 7-9-1968]
A. Outdoor water pools, of any kind, may be installed
or maintained in any Residence A District only as an accessory structure
to a residence for the private use of the owner or occupants of such
residence and their families and guests, and only in accordance with
all of the provisions of this chapter.
[Amended 9-19-2005 by L.L. No. 1-2005]
B. Outdoor water pools shall, for the purposes of this
chapter, be construed to mean any pool, permanent or portable, tank,
depression or excavation in any material, dike or berm constructed,
erected, excavated or maintained which will permit the retaining of
water to a depth greater than 18 inches and having a plane surface
area of water greater than 100 square feet, except such as shall hereinafter
be excluded. The word “pool” shall be construed to mean
outdoor water pool.
C. No pool, permanent or portable, shall be used, installed or maintained as authorized in Subsection
A, except on the following conditions:
(1) A permit shall be obtained from the Building Department
of the Village of Baxter Estates for the construction, maintenance
and operation of any pool, existing or proposed. No permission shall
be granted for the installation of any pool unless the plans therefor
meet the approval of the Building Department construction requirements
nor until the owner of the premises has filed with the Building Department
a certification approved by a professional engineer licensed by the
State of New York that the drainage of such pool is adequate and will
not interfere with the public water supply system, with existing sanitary
facilities, abutting properties or with the public highways.
(2) Applications for permits shall include complete plans
indicating the location of the pool on the plot, with all distances
to buildings and property lines; and all methods and materials to
be used for construction and means for drainage and filling. Existing
pools need not file construction plans except for plot plans. All
outdoor water pools must be equipped with suitable ladders or stairs
for ingress and egress, and with at least one life ring accessible
and large enough to support an adult in the water.
[Amended 9-19-2005 by L.L. No. 1-2005]
(3) Permits shall be granted for such period of time as
the Board of Trustees shall establish from time to time, by resolution
duly adopted by the Board, and shall be renewable on application and
proof of compliance with all existing provisions of this chapter.
[Amended 1-5-2012 by L.L. No. 2-2012]
(4) Anything in this chapter to the contrary notwithstanding,
there shall be erected and maintained a good-quality, close-woven
stockade, close-woven wire or chain-link fence four feet in height,
enclosing the entire portion of the premises upon which such pool
shall be installed and entirely surrounding the area in which such
pool is located. Any wire fence shall be constructed of not less than
Number 13 gauge galvanized wire with no greater than a one-inch mesh
or of not less than Number 11 gauge wire with no greater than a two-inch
mesh. If some other type of fencing than that specified above is preferred,
plans and specifications thereof may be submitted for the approval
of the Superintendent of Buildings. In evaluating such request for
approval, the Superintendent of Buildings shall give due consideration
to the adequacy and durability of the proposed fence to ensure the
safety and welfare of the general public. No fences for pool areas
may extend beyond the property lines of the subject property or into
the adjoining property. Every gate or other opening in the fence enclosing
such pool, except an opening through the dwelling or other main building
of the premises, shall be kept securely closed and locked at all times
when the owner or occupant of the premises is not present at such
pool and shall be equipped with self-closing and self-locking devices.
A maintenance area of 10 feet, minimum, shall be maintained between
the pool fencing and the sidewalls of the pool.
[Amended 3-7-2019 by L.L.
No. 1-2019]
(5) Pools shall be permitted in the rear yards only, one
pool per premises.
(6) Pools shall not be installed less than 10 feet from
rear and side lot lines.
(7) Such pool area shall not occupy more than 50% of the
open area of the rear yard.
(8) If the water for such pool is supplied from a private
well, there shall be no cross-connection with the public water supply
system. The inlet shall be above the overflow level of the pool. Such
pool shall be chemically treated in a manner sufficient to maintain
the bacterial standards established by the provisions of the New York
State Sanitary Code relating to public swimming pools.
(9) Pools shall be completely drained in winter or provided
with tight-fitting covers that satisfy the requirements for pool covers
set forth in Section 303.3.9(9.1) of the Property Maintenance Code
of New York State, as amended from time to time, or any successor
provision thereto.
[Amended 10-15-2007 by L.L. No. 5-2007]
D. Anything aforesaid notwithstanding, portable swimming pools of a size capable of retaining water to a depth not greater than 18 inches, or which have a plane surface area of water not greater than 100 square feet, shall not be required to comply with the provisions of Subsection
C hereof, provided that the following conditions are complied with in all respects:
(1) The pool shall be so located on the premises as to
be visible from the dwelling.
(2) The pool shall be located in the rear yard of the
premises and removed from all property lines a minimum distance of
five feet. The minimum distance to the house shall be 10 feet.
(3) The pool shall be equipped with a cover approved by
the Building Department and shall be of sufficient strength to protect
against accidental entry into the pool. The pool shall be covered
at all times when containing water and not in use.
(4) The water left in the pool shall be drained whenever
the residence it serves is left unattended for a period in excess
of 48 hours.
(5) Provisions shall be made on the premises for drainage
of water from the pool.
(6) The pool shall be treated in such manner as to maintain
the bacterial standards satisfactory to the Nassau County Department
of Health.
(7) Access to the pool, if by means of ladder or stairs,
shall be removed when the pool is unattended or secured by self-closing,
locked gates.
E. No loudspeaker device which can be heard beyond the
property line of the premises in which any pool has been installed
may be operated in connection with such pool, nor may lighting be
installed therewith which shall throw any rays beyond the property
lines. No loudspeaker device of any type shall be operated after 10:00
p.m. or before 8:00 a.m.
F. Should the owner abandon the pool, he shall arrange
to remove the depression and return the surface of the ground to its
original grade and approximately in the same condition as before the
pool was constructed, and he shall further notify the Building Department
of the abandonment so that an inspection of the site may be made and
the records of the permit be marked accordingly.
G. The fee for the issuance of the permit referred to in Subsection
C hereof and the fee for a renewal of a permit shall be as set from time to time by resolution of the Board of Trustees. In each case, the fee shall accompany the application.
[Amended 9-19-2005 by L.L. No. 1-2005]
H. Existing pools.
(1) In the event that a pool, in existence at the effective date of this section, does not conform with the provisions of Subsection
C(4),
(6) or
(7) hereof, the application for the permit for such pool shall be referred to the Superintendent of Buildings, who shall have the right to issue or refuse to issue the permit after consideration of the reasons why such pool fails to conform and the effect thereof upon public health, safety and general welfare. The Superintendent of Buildings shall have the authority to issue a permit in such a case upon such conditions and subject to such restrictions as he may deem to be in the best interests of public health, safety and general welfare. In any event, no such pool, or the fencing therefor, may be replaced, altered, reconstructed or rebuilt except in conformity with the provisions of this chapter. The Superintendent of Buildings shall issue or refuse to issue each permit applied for within 30 days after application therefor. The applicant may appeal any adverse action by the Superintendent of Buildings at any regular meeting of the Board of Trustees, provided notice of such appeal shall have been sent to the Village Clerk and the Superintendent of Buildings at least 10 days prior to such meeting. After hearing the applicant and the Superintendent of Buildings, the Board shall render its decision and such decision shall be recorded in the minutes of the Board for that meeting.
[Amended 3-7-2019 by L.L.
No. 1-2019]
(2) In the event that a pool, in existence at the effective date of this section, does not conform with the provisions hereof, the Superintendent of Buildings, in his discretion, may issue a temporary permit for the use thereof pending the completion of the work necessary to bring such pool into conformity with the provisions of this section, or pending the outcome of an application or appeal under Subsection
H(1) hereof. In exercising his discretion, the Superintendent of Buildings shall consider the time it will take to complete such work and the effect of the failure of such pool to conform on public health, safety and general welfare. The decision of the Superintendent of Buildings with respect to temporary permits shall be final.
[Amended 3-7-2019 by L.L.
No. 1-2019]
(3) Pools for which neither a permit nor a temporary permit has been granted shall be completely drained or covered in the manner prescribed in Subsection
C(9) hereof.
[Added 6-4-20155 by L.L.
No. 1-2015]
A. The impervious surface of any lot shall not exceed 45% of the lot
area.
B. The impervious surface of any front yard shall not exceed 30% of
the lot area of such front yard.
[Added 3-2-2022 by L.L. No. 1-2022]
Except as hereinafter provided, no open porch shall extend from
the roof of any building, and no roof area on any building shall be
used as habitable space or as outdoor recreational space or for any
purpose that involves the presence of any person on such roof, except
for construction, maintenance and repair purposes; provided, however,
that nothing herein shall restrict the use for outdoor recreational
space of any flat roof over a one-story garage that is attached to
a two-story building, or any open porch projecting from the outside
wall of a building on the first or second story of the building.