In a Residence A District the following regulations
shall apply. No building may be erected, altered or used, and no lot
or premises may be used, except for one or more of the following purposes:
A.
A detached single-family dwelling.
B.
A park.
C.
A farm, provided that there shall be no display of
products other than in growth and no advertising on the premises.
D.
A horticultural nursery.
E.
A church or other place of worship, provided that a special use permit has been issued for such use by the Board of Trustees pursuant to Article XXIX of this chapter.
[Amended 2-6-1997 by L.L. No. 3-1997]
F.
A school, supported by public taxation only or parochial.
[Amended 4-8-1957]
G.
A club, except one the chief activity of which is one customarily carried on as a gainful business, subject to Article XXIX, Special Use Permits, of this chapter.
[Amended 7-30-1985 by L.L. No. 5-1985]
H.
A public library, public art gallery, public museum,
municipal firehouse and municipal recreational use; day school use
for children of school and preschool ages on a plot of not less than
one acre.
[Amended 4-8-1957; 9-14-1995 by L.L. No. 2-1995]
I.
The office of a doctor, dentist, teacher, musical
or other professional person residing on the premises, provided that:
[Amended 11-17-1988 by L.L No. 5-1988]
(1)
Such office use is confined to the ground level of
the dwelling occupied by such professional person.
(2)
The portion of the floor area of the dwelling not
utilized for such professional use equals or exceeds the minimum floor
area required for residential use, as specified by the provisions
of the article of this chapter applicable to the residential zoning
district in which such dwelling is located.
(3)
There is no display of advertising except a professional
sign or nameplate not exceeding two square feet in surface area.
(4)
The number of persons engaged in working in any such
office at any one time, excluding the professional person residing
on the premises but inclusive of professional associates, shall be
limited in number so as not to exceed two such workers or professional
associates.
(5)
A minimum of two off-street parking spaces are provided on the premises for the automobiles of patients, clients, employees and visitors, in addition to the number of off-street parking spaces otherwise required for residential use, pursuant to the provisions of Article XXXI, Comprehensive Off-Street Parking and Loading Regulations, of this chapter.
(6)
A certificate of occupancy for such professional office
use shall have been issued by the Superintendent of Buildings.
J.
Customary home occupation, such as dressmaking or
millinery, a chiropractor, accountant or architect, conducted by resident
occupants only, provided that there is no display of advertising except
a small announcement card or sign, and that such uses be confined
to 1/4 of the floor area of the residence building. In no case shall
such occupations be conducted in a basement or cellar or in an accessory
building.
[Amended 12-2-1999 by L.L. No. 3-1999]
K.
Accessory uses.
(1)
Accessory uses on the same lot with and customarily
incidental to any of the above permitted uses, including a private
garage, greenhouse or outdoor shed, not exceeding 100 square feet
in floor area and eight feet in height and used for storage of garden
tools and other household items only. Except as above permitted, accessory
uses shall not include any use customarily carried on as a business
or industry, nor any driveway or walk giving access thereto, nor any
display visible from the street, nor any billboard or advertising
signboard or sign. Accessory buildings shall not be used for residence
purposes. No private garage or accessory building shall be placed
within 10 feet of any dwelling on another lot nor within three feet
of any property line.
[Amended 10-16-1997 by L.L. No. 8-1997; 12-2-1999 by L.L. No. 3-1999; 10-6-2011 by L.L. No. 4-2011]
(2)
The parking or storage of a commercial vehicle on
a lot in any residence district shall not be deemed an accessory use
and is prohibited, except that the parking or storage of one commercial
vehicle not exceeding one ton carrying-capacity owned and used by
the owner or tenant of the lot wholly within a private garage located
on said lot shall be deemed an accessory use and is permitted.
(3)
Fences as accessory uses.
[Added 10-16-1997 by L.L. No. 8-1997]
(a)
No fence shall exceed six feet in height. The following shall not apply to hedges, trees or shrubbery boundary line markers. All fences erected in accordance with these provisions shall be located so that all portions of a fence, including any footings or foundations, shall be erected within the property lines of the building lot unless all owners of the adjoining lots shall consent, in writing, to the construction of a fence on the property line between two separately owned lots. A building permit shall be required for any fence to be constructed over four feet in height and in accordance with these provisions and in conformity with Chapter 187, § 187-2, of the Village of Westbury Property Maintenance Code.
[Amended 6-3-2010 by L.L. No. 2-2010]
(b)
Fences no more than six feet in height may be
erected on an interior lot enclosing the rear yard and side yards
from the front setback line of the particular residential lot or,
if closer to the street, the front wall of the residential building
on the lot to the rear property line of the lot.
(c)
Fences no more than six feet in height may be
erected on a corner lot enclosing the rear yard and side yard from
the front setback line of the particular residential lot or, if closer
to the street, from the front building line of the residential building.
[Amended 6-3-2010 by L.L. No. 2-2010]
(d)
In all cases involving the installation of stockade
fences, said fences shall be constructed with the dressed side facing
the street or adjacent property.
[Added 10-16-1997 by L.L. No. 9-1997]
[1]
Editor's Note: This local law also repealed
former Subsection K, which permitted signboards for renting or sale
of real estate, and relettered Subsection L as K.