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:

No single-family dwelling shall be constructed on a lot of an area less than 4,000 square feet, and no two-family dwelling shall be constructed on a lot of an area less than 7,500 square feet, unless authorized by the Board of Appeals pursuant to Article XXXVI, § 248-326A.

The building area of a single-family dwelling shall not exceed 40% of the lot area.

The building area of a two-family dwelling shall not exceed 25% of the lot area.

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.

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.

There shall be a rear yard the depth of which shall not be less than 25 feet.

There shall be a rear yard the depth of which shall not be less than 30 feet.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Nothing contained herein shall be interpreted to permit the establishment of an additional bedroom or kitchen in an accessory building.

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.

The provisions herein for the amendment of §§ 248-35, 248-36, 248-38, 248-39 and 248-45, and the enactment of §§ 248-36.1, 248-38.1 and 248-39.1, shall take effect on April 9, 2004.