Westbury City Zoning Code
ARTICLE X
Apartment AAAA Districts
§ 248-99 Uses.
In an Apartment AAAA District, the following regulations shall apply: No building may be erected or used and no lot or premises may be used except for:
A.
A multiple dwelling or apartment house conforming to the provisions of 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 are available in the Village Clerk's office.
B.
The office of a doctor or dentist residing on the premises, provided that there is no display, except for a professional sign or nameplate not exceeding two square feet in area.
[Amended 2-20-1992 by L.L. No. 3-1992]
§ 248-100 Lot size and dimension.
A.
The minimum lot area for multiple dwellings shall be 1,500 square feet per family; provided, however, that the total square feet of the parcel in question shall be increased for the purpose of determining the square feet under the provisions of this section by adding:
B.
The number of family units shall not exceed 40 per acre of actual land area, nor shall the total lot area be less than 11/2 acres, except that when it would benefit the Village, the Planning Board may recommend to the Village Board for its approval that the number of family units per acre be increased by one family per acre or fraction thereof. When the multiplication of 40 units times the actual land area results in a fractional unit of 1/2 or more, such fractional unit will be allowed as a full unit.
C.
The minimum lot width shall be 200 feet and the minimum lot depth shall be 150 feet.
§ 248-101 Yards.
A.
There shall be a front yard with a depth of not less than 40 feet, a rear yard, the depth of which shall not be less than 40 feet, and a side yard on every other side of the lot, the depth of which side yard shall not be less than 25 feet.
B.
There shall be a front lawn area with a depth of 40 feet and a length of at least 100 feet or the length of the front of the building, whichever is greater, except that appropriate access paths and driveways may be permitted. No parking spaces are to be assigned to the front of the building, except with the approval of the Planning Board.
[Amended 7-30-1985 by L.L. No. 5-1985]
§ 248-102 Height.
A.
No multiple dwelling shall exceed five stories with a maximum height of 54 feet, except that this height limitation shall not apply to ventilators, skylights, water tanks, bulkheads or similar features, a radio and television antenna installation for the use of all of the residents of the multiple dwelling, a swimming pool and/or solarium for the use of all of the residents of the multiple dwelling and necessary mechanical appurtenances usually carried above the roof level.
B.
However, such features shall be erected only to a height necessary to accomplish the purpose it is intended to serve but in no case more than 14 feet above its lowest point of contact with the roof. Chimneys will be permitted to exceed the fourteen-foot height limitation.
C.
The total area covered by such features exempted from the height limit, except recreational facilities, shall not exceed, in cross-sectional areas, 25% of the area of the roof on which they are located.
D.
All such features shall be enclosed within walls of material and design in harmony with the main walls of the building on which they are located, except in the case of a swimming pool or solarium where no enclosure is required.
§ 248-103 Floor 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:
§ 248-104 Recreational open space.
A.
Every lot used in whole or in part for a multiple dwelling shall have a total area of open space allotted, designed ap-propriately, developed and maintained for recreational use for the occupants of multiple dwellings and shall have at least 150 square feet of such area for each apartment in the multiple dwelling.
B.
Such open space shall be of such location and dimension that it is in fact usable by the occupants of the multiple dwelling for recreation.
C.
No recreational space shall be located in any required front yard but may be located within the building or on the roof of the multiple dwelling, provided that the Planning Board finds that the location and type of use will not interfere with the reasonable use of the building for its residential purpose.
[Amended 7-30-1985 by L.L. No. 5-1985]
D.
Recreational space located within the building or on the roof shall not exceed 25% of the recreational space required under this section.
E.
Recreational open space shall be at least 10 feet away from any residential area, single or multiple, which 10 feet shall be screened with evergreen planting of such height, spacing and type as approved by the Planning Board and shall be maintained in good condition throughout the life of the use on the lot.
[Amended 7-30-1985 by L.L. No. 5-1985]
§ 248-105 Open space between buildings.
When two or more multiple dwellings are grouped on the same lot, the unobstructed open space between the exterior walls of such buildings shall not be less than the average height of the buildings facing one another across said open space.
§ 248-106 Maximum building coverage.
A.
No multiple dwelling shall cover more than 25% of lot area at ground level.
B.
In the event that a raised deck, as approved by the Planning Board, is used, it shall not extend more than four feet above grade level and shall not be computed as part of the maximum lot coverage.
[Amended 7-30-1985 by L.L. No. 5-1985]
§ 248-107 Off-street parking.
A.
There shall be required 11/2 parking spaces per apartment, except that an additional 11/2 spaces shall be required for 8% of the total number of apartments.
B.
One parking space must be assigned to each apartment and shall be incorporated in the lease.
C.
No parking space shall be located in the front yard.
D.
Except for parking areas, driveways and sidewalks, as approved by the Planning Board, on the site plan hereinafter provided, all other areas shall be lawn and landscaped areas.
[Amended 7-30-1985 by L.L. No. 5-1985]
E.
All lawns and other landscaped areas shall be equipped with adequate underground watering systems.
§ 248-108 Buffer areas.
[Amended 7-30-1985 by L.L. No. 5-1985]
All outdoor parking areas abutting residential areas shall be screened with evergreen plantings of such height, space and type as shall be approved by the Planning Board, and there shall be such planting of trees within the parking area as will assist in screening the overall effect of such parking area from the surrounding residential areas. The buffer strip shall not be less than five feet in depth and shall contain a stockade fence six feet in height along the buffer area with the finished side facing the more restrictive area.
§ 248-109 Lighting.
All exterior lighting shall be of such type and location and shall have such shading as will prevent the source of the light from being seen from any adjacent property or from the street.
§ 248-110 Sewage disposal.
No apartment house or multiple dwelling as provided for herein shall be permitted unless provided with municipal sewerage, or unless an independent sewage-disposal facility approved by the Nassau County Department of Health is constructed for the sanitary disposal of sewage of such building. Stormwater disposal shall conform to Nassau County standards.
§ 248-111 Rubbish and garbage disposal.
[Amended 7-30-1985 by L.L. No. 5-1985]
Rubbish and garbage disposal facilities must be approved by the Planning Board.
§ 248-112 Site development plan approval required.
[Amended 7-30-1985 by L.L. No. 5-1985; 2-5-1987 by L.L. No. 1-1987]
§ 248-113 Performance bond.
[Amended 7-30-1985 by L.L. No. 5-1985]
The planning and development of buffer and landscaped areas in accordance with standards, specifications and procedures acceptable to the Planning Board or other appropriate Village department designated by the Planning Board shall be prerequisite to the issuance of a certificate of occupancy or alternatively that a performance bond sufficient to cover the full cost of the same, as estimated by the Planning Board, shall be furnished to the Village by the owner.
§ 248-114 Public safety.
[Amended 7-30-1985 by L.L. No. 5-1985]
All elevators shall be equipped with an adequate security safety device as approved by the Planning Board.
§ 248-115 Balconies.
Any open balconies shown on elevations shall be built with solid opaque front and shall be maintained as shown on the approved plans. No enclosure may be made in future alterations.