[Effective 12-29-2008]

It is in the public interest for the Town to utilize its zoning authority to solve a long-existing problematic use and at the same time provide higher density housing near a popular railroad station and bus route. It is envisioned that such proximate housing will increase ridership of trains and buses in the vicinity. Moreover, by enacting controls ensuring proper space for pedestrian walkways, accessory uses and landscaped or recreational areas, the Town will be able to ensure that this higher-density housing will be developed in a manner that is aesthetically pleasing and protects surrounding area character from the adverse effects of overcrowding or undue development. In a CA-S Residence District, the following regulations shall apply.

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

(1) 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 other 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.

(2) Accessory building, structures, and uses, including retail, restaurant, and personal service uses, as part of a multiple-family development, provided that the amount of retail, restaurant and personal service uses do not exceed 7% of the total lot area.

(3) Indoor and outdoor recreation, clubhouses, and community buildings servicing the multiple-family development.

B. No basement or cellar shall be occupied as living or sleeping quarters except for a janitor's apartment in the basement.

No building shall be greater than 4 U2 stories and 60 feet in height. "Height" shall be defined as applicable to the CA Residence Districts (CA).

The building area shall not exceed 60% of the lot area, exclusive of all landscaped areas and landscaped courtyards, whether or not constructed above parking areas.

The required front yard depth shall be a minimum of 15 feet. In the case of a corner lot, a front yard shall be required on each street.

The required side yard depth shall be a minimum width of at least 20 feet on each side, 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.

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

No multiple-family dwelling or other building shall be constructed on a lot unless it contains an area of not less than 2.5 acres.

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

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

(1) Site plan. All pools shall be shown on the site plan and may be permitted by site plan approval of the Town Board of the Town of Hempstead based upon the following criteria:

(a) Will not adversely affect the public health, safety and general welfare;

(b) Will be limited to use by the residents and guests of the subject multiple-family dwelling

(c) Will not tend to depreciate the value of the property in the area immediately adjoining the land being so used;

(d) Will not tend to alter the essential character of the neighborhood; and

(e) Will not be visible to a significant extent from adjoining residential properties nor interfere with the use and enjoyment of adjoining properties.

(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, other than the front yard, which shall not be located within the front yard setback nor within 100 feet of any residence district boundary.

(h) The fence referred to in § 108.10(2)(f) above shall be erected at least eight feet from the edge of the pool.

(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 25 feet to any and all residence boundaries.

(o) Any outdoor pool shall be constructed in such a manner 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.

In the case of a multiple dwelling, there shall be provided on the premises parking or garage facilities adequate to accommodate five automobiles for each three units. In the event that any single car garages or single driveways are provided, then each single car garage and single driveway shall count as one parking space and each double car garage and double driveway shall count as two parking spaces. A minimum of one parking space for each 300 square feet of retail, take out restaurant, or personal service floor area shall be provided.

No multiple-family dwelling shall be erected or altered to accommodate or make provision for more than 55 families per acre, exclusive of street areas, or more than a proportionate number of families on any fractional part of an acre of land.

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.

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

This CA-S Zone shall only be applicable to parcels of land conforming to all of the following characteristics:

A. Located adjacent to a railroad station or railroad tracks adjoining the platform of such railroad station;

B. Located along a county or state roadway;

C. Located along a bus route; and

D. Located a minimum of 200 feet away from any property situated within a residential zoning district.

This CA-S Zone shall be a floating zone. Upon application to the Town Board, a parcel may be considered for a change of zone to CA-S if said parcel meets the bulk, area and location requirements of this article and the Town Board makes a finding that said parcel of land is located in a blighted area which includes significant criminal activity and is in need of redevelopment and that the incentive to increase density is in the best interest of the community in order to encourage redevelopment and thereby eliminate such blighted use or improve such blighted area.