§293. URD-EH Urban Renewal Residence Elderly-Handicapped District. (URD- EH)

[Effective 10-5-1981]

A. In an Urban Renewal Residence Elderly-Handicapped District, buildings and structures may be erected, altered or used and lots or premises may be used in accordance with the provisions of this section, and not otherwise.

B. A building or structure may be erected, altered or used and a lot or premises may be used for any of the following purposes, and for no other: residential housing to be restricted to elderly (senior citizens) and/or handicapped persons, constructed as multiple dwellings, garden-type apartments or townhouses, and residential accessory uses such as parking, residential recreational spaces, and accessory buildings for maintenance, utility and storage purposes.

C. Height. No building shall be greater than four stories or 45 feet in height.

D. Building area. The building area shall not exceed 40% of the lot area.

E. Front yards.

(1) The required front yard depth shall be a minimum of 20 feet.

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

F. 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 buildings upon the plot, the minimum side yard requirement of 20 feet shall apply only along the side property lines of the entire plot.

G. Rear yards. There shall be a rear yard, the depth of which shall be at least 15 feet.

H. Distance between buildings. The distance between any two main buildings shall be not less than 20 feet.

I. Permitted encroachments. Vestibules, chimneys, cornices, eaves, gutters or bay windows projecting not more than 60 inches are hereby permitted as encroachments into yard areas.

J. Accessory buildings.

(1) Accessory buildings may not occupy more than 15% of the total lot area.

(2) The maximum height shall not be more than 20 feet.

(3) All accessory buildings must comply with the front yard (Subsection E), side yard (Subsection F) and rear yard (Subsection G) requirements of this section. The area occupied by such accessory buildings shall, however, be included in computing the maximum percentage of the lot area which may be built upon.

K. Parking.

(1) There shall be provided on the premises parking adequate to accommodate one automobile for each three dwelling units.

(2) All open parking facilities provided pursuant to the requirements of this subsection shall be paved or surfaced in accordance with sound engineering and construction practices, and each parking space shall not be less than 10 feet in width by 20 feet in depth and shall be individually identified by pavement marking. In addition, there shall be provided a minimum of three feet between the edge limits of those parking spaces reserved for the handicapped.

(3) The parking of motor vehicles within 10 feet of any wall that contains windows with a sill height of less than eight feet above the level of said parking space shall be prohibited.

(4) All open surface parking spaces which face any wall containing windows other than bathroom windows with a sill height of less than eight feet above the level of the parking space shall be screened by a decorative wall, fence or thick hedge four feet in height above the average finished grade of the parking lot, and such screen shall be placed at least 10 feet from such building wall.

L. Density of population. No multiple-family dwelling authorized as per Subsection B of this section shall be erected or altered to accommodate or make provision for more than 45 dwelling units per acre, as computed on the basis of the acreage of the entire project as included in a single application for a building permit, or more than a proportionate number of dwelling units on any fractional part of an acre. For the purpose of this subsection, a dwelling unit shall be such combination of rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family.

M. Exterior lighting. All parking areas and walkways shall be provided with suitable lighting so arranged as to direct light away from adjoining lots in any residence district and away from any public street.

N. Screening and buffering. Any maintenance building, storage or parking area shall be screened for all abutting uses, including public rights-of-way, and all residential development shall be buffered from storage, parking or industrial uses by an appropriate combination of setback and screening. Screening shall consist of a hedge, fence or wall with a minimum height of four feet, except that within 25 feet of street intersections, the maximum height shall be 2 feet. Said setback and screening shall be sufficient to obscure a storage or parking area or buffer an industrial use in an effective manner and during all seasons of the year. The redeveloper shall be responsible for maintaining the screening in a manner such that it will continue to provide the required buffer.

O. Sewage disposal. No multiple-family dwelling authorized as per Subsection B of this section shall be erected, altered or used unless provided with municipal sewage disposal facilities or unless an independent sewerage system or installation approved by the Nassau County Department of Health, where required, is constructed for the sanitary disposal of the sewage of such dwelling.

P. Recreational facilities.

(1) There shall be provided not less than 25 square feet of usable outdoor recreation area per dwelling unit, exclusive of walks, driveways and parking areas.

(2) There shall be provided not less than 10 square feet of usable indoor recreational area per dwelling unit.

§294. Provisions applicable to Urban Renewal Residence B, Urban Renewal Residence C and Urban Renewal Highway Commercial Districts.

In an Urban Renewal Residence B District, Urban Renewal Residence C District and an Urban Renewal Highway Commercial District, the following regulations shall apply:

A. Screening. Any storage area or parking area shall be screened from all abutting uses, including public rights-of-way. Such screening shall consist of a hedge, fence or wall, with a minimum height of four feet and a maximum height of six feet, except that within 25 feet of street intersections, the maximum height shall be four feet, such screening to be sufficient to obscure such area in an effective manner and during all seasons of the year.

B. Play space. In any multifamily residential district, there shall be provided a usable outdoor play space for children, exclusive of walks, driveways, required yards and parking areas, for each 50 dwelling units. This area shall be a minimum of 1,000 square feet and shall be within 400 feet of 80% of the dwelling units.

C. Parking space for dwelling units. One off-street parking facility shall be provided on the premises for each dwelling unit. Such parking space for multifamily units must be paved or in a garage facility accommodating not more than six cars in one accessory building.

§ 295. Interpretation; conflicts with other regulations.

A. In interpreting and applying the provisions of this article, the rules of interpretation applicable to remedial legislation shall be used so that the spirit and intent of this article shall be observed.

B. In the event of a conflict between the provisions of this article and other provisions of this Building Zone Ordinance, the provisions of this article shall control.

§ 296. Severability.

If any clause, sentence, section, paragraph or provisions of this article shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, section, paragraph or provision directly involved in the controversy in which such judgment shall have been rendered.

§ 297. Incorporation of additional provisions.

The provisions of § 312A through F are hereby incorporated by reference as though herein set forth at length, with the further provision that the provisions thereof are hereby made applicable to the uses in the Urban Renewal Highway Commercial District, in addition to the uses now described therein.