ARTICLE X CA Residence Districts (CA)
§ 97. Applicability.

In a CA Residence District, the following regulations shall apply.

§ 98. Permitted uses.

A.building may be erected, altered or used and a lot or premises may be used for the following purposes, and for no other:

A. Multiple-family dwellings, including the office, studio or occupational room of a professional person, such as a physician, dentist, lawyer, artist, architect, real estate broker, engineer or accountant when located in the same apartment or suite of rooms in which the practitioner resides and incidental to such residential use, and provided that there is no display of goods or advertising than a sign not larger than six inches by 12 inches attached to the building and bearing only the name and occupation (words only) of the practitioner.

B. No basement or cellar shall be occupied as living or sleeping quarters except for a janitor's apartment in the basement. Not more than 50% of the total floor area of any apartment shall be located above the second floor level.

§ 99. Height.

No building shall be greater than 2 1/2 stories or 35 feet in height.

§ 100. Building area.

The building area shall not exceed 35% of the lot area.

§ 101. Front yards.

[Effective 7-29-1974]

A. The required front yard depth shall be a minimum of 25 feet.

B. In the case of a corner lot, a front yard shall be required on each street.

§ 102. Side yards.

There shall be two side yards, one on each side of the main building, each having a minimum width of at least 20 feet, except that where there are two or more main buildings upon the plot, the minimum side yard requirement of 20 feet shall apply only along the side property lines of the entire plot.

§ 103. Rear yards.

There shall be a rear yard, the depth of which shall be at least 25 feet.

§ 104. Permitted encroachments.

Cornices, eaves, gutters or bay windows projecting not more than 24 inches are hereby permitted as encroachments.

§ 105. Accessory buildings, structures and uses.

[Effective 12-5-1992]

A. Accessory buildings may occupy no greater than 40% of the area of the rear yard, with an average height of no greater than 12 feet. The yard area occupied by such accessory buildings shall be included in computing the maximum percentage of the lot area which may be built upon. An accessory building shall not be nearer to any front property line than 45 feet and must be at least two feet from the rear and side property lines, except that accessory garages may have a party wall.

B. Outdoor or indoor pools shall be considered accessory structures and subject to the following requirements:

(1) Site plan.

(a) All pools shall be shown on the site plan and may be permitted by the Town Board of the Town of Hempstead as a special exception only upon making a finding as part of the resolution granting said special exception that the . proposed pool and ancillary equipment or facilities:

[1] Will not adversely affect the public health, safety and general welfare;

[2] Will be limited to use by the residents and guests of the subject multiple-family dwelling;

[3] Will not tend to depreciate the value of the property in the area immediately adjoining the land being so used;

[4] Will not tend to alter the essential character of the neighborhood; and

[5] Will not be visible to a significant extent from adjoining residential properties nor interfere with the use and enjoyment of adjoining properties.

(b) No aboveground pools are permitted.

(2) In order to ensure the health and safety of the community, and particularly the children thereof the following specific conditions hereby are imposed on all swimming pools of permanent construction:

(a) Any electric wiring for lighting or other use, other than for lighting which is part of and enclosed in the pool structures, shall not be maintained closer than 15 feet to said pool.

(b) The pool shall be located no nearer than 20 feet to any cesspool or dry well (excluding roof leader dry wells) on its own or adjacent property.

(c) Any water from a public water supply shall be introduced into a swimming pool by means of a permanent rigid system of piping and shall in every manner conform to the New York State Sanitary Code.

(d) No swimming pool shall have a water capacity in excess of 7,500 gallons without a recirculating and filtering system of sufficient capacity to meet good and accepted public health and engineering practice.

(e) A permit, when issued, also may have endorsed thereon any such reasonable rules and regulations for the operation, maintenance and use of such pool as may be promulgated by the Town Board of the Town of Hempstead.

(f) A fence meeting the requirements of Article XXV of this ordinance shall be provided.

(g) No part of any pool shall be located within 50 feet of any external property line nor within 100 feet of any residence district boundary.

(h) The fence referred to in § 105B(2)(f) above shall be erected at least eight feet from the edge of the pool. Said fence shall be at least 45 feet from any property line unless the Town Board of the Town of Hempstead shall direct otherwise as part of site plan approval.

(i) A walkway of at least eight feet in width shall be built on all sides of the pool.

(j) All lighting accessory to said pool shall be located at a distance of at least two feet therefrom and shall not throw any rays beyond property lines. Underwater lighting may be part of the pool structure where so designated on the plans submitted to the Town Board of the Town of Hempstead.

(k) No permission shall be granted for the installation of any swimming pool unless the plans meet the requirements of §§ 252B and 253 of this ordinance.

(l) All applications and the plans submitted in connection therewith shall indicate the approval of any governmental agency having jurisdiction of the local water supply.

(m) Application. The following information shall be submitted at the time of the application for a permit for the entire development or may be submitted at a later date as part of a request for a separate swimming pool permit:

[1] The location and size of the swimming pool area.

[2] The location of all structures and improvements.

[3] The location of the site in relation to adjacent properties and buildings.

[4] The location of all cesspools within 50 feet of the pool or pool dry wells.

[5] The size of the pool, including dimensions, design and elevation thereof, drainage, sewerage, sanitary facilities, safety walkway around the pool, fences and location thereof in relation to said pool and property lines.

[6] The location of all electrical wiring and lines.

[7] The breakdown of estimated costs used in the application.

(n) All heaters and filters used in or in connection with the operation of the pool shall be located and placed not closer than 75 feet from any and all residence boundaries.

(o) Any outdoor pool shall be constructed in such manner so as to permit the pool to be securely covered during such time as the use of said pool had been seasonally discontinued. The covering of such pool shall be by cloth or other substance of sufficient strength to prevent the same from tearing or ripping when a weight of not more than 175 pounds is placed on any part thereof.

(p) No change in the location of the pool or any of its equipment, fixtures or appurtenances as shown on the application as granted shall be made without the express written consent and approval of the Town Board of the Town of Hempstead.

C. In the case of a multiple dwelling, there shall be provided on the premises such parking or garage facilities adequate to accommodate four automobiles for each three apartments. Such garage facilities shall not include space for more than six cars in one accessory building.

§ 106. Population density.

No multiple-family dwelling shall be erected or altered to accommodate or make provision for more than 20 families per acre, exclusive of street areas, or more than a proportionate number of families on any fractional part of an acre of land.

§ 107. Sewage disposal.

No multiple-family dwelling shall be permitted unless provided with municipal sewage disposal facilities or unless an independent sewerage system or installation approved by the Nassau County Department of Health is constructed for the sanitary disposal of the sewage of such buildings.

§ 108. Fences.

[Effective 3-28-1975]

A.fence, not exceeding six feet in height, shall be permitted on the rear lot line and side lot lines; provided, however, that said fence along the rear lot lines and side lot lines shall not exceed a greater distance frontward to the street than the street side building line of buildings constructed pursuant to regulations of this article; and with respect to all other lot lines, any fence shall not exceed four feet in height except when authorized by the Board of Zoning Appeals, pursuant to Article XXVII hereof.