[1]
Editor's Note: Under this article the following applications have been granted: 1. Application of Whitney Golf and County Club (now Old Westbury Golf and Country Club) granted November 21, 1961; amended February 26, 1962; September 10, 1962; and January 11, 1965. 2. Application of Robert Winthrop and Glen Oak's Club, Inc., granted August 21, 1967; amended September 21, 1970; and December 13, 1971. 3. Application of Boxwood Farms company and Old Tennis Club, Inc., granted February 20, 1973. See also Art. XVIII of this chapter.
This article shall apply to a planned district
in which a golf club or tennis club use shall be permitted in a residence
district as hereinafter provided, and such district shall be known
as a "C Residence District."
In a C Residence District, the following regulations
shall apply.
No building may be erected, altered or used
and no lot or premises may be used except for the following purposes:
A.
A detached single-family dwelling.
B.
A private golf club conducted, other than for profit,
by a corporation organized under the Not-For-Profit Corporation Law
of the State of New York, provided that such club shall be used for
said golf club purposes and provided, further, that there shall be
maintained thereon a golf course of not less than the customary 18
holes.
C.
Private tennis club conducted other than for profit
by a corporation organized under the Not-For-Profit Corporation Law
of the State of New York, provided that such club shall be used solely
for said tennis club purposes and provided, further, that there shall
be maintained thereon only outdoor tennis courts and facilities necessary
for their use.
Incidental or accessory uses in connection with
the foregoing principal uses will be permitted, except that:
A.
In the case of a golf club, recreational uses shall
be limited to golf, tennis, swimming and incidental social activities
of its members and the necessary incidental facilities with the principal
golf club use.
B.
In the case of a tennis club, recreational uses shall
be limited to tennis and incidental social activities of its members
and the necessary incidental facilities in connection with the principal
tennis club use. There shall be no grandstands, bleachers or similar
facilities for spectators.
A.
An application for a change of zone to a C Residence
District shall be filed with the Board of Trustees.
B.
Every application made to the Board of Trustees pursuant
to this article shall be in writing and shall contain and conform
to the following regulations:
(1)
The application shall be made and be verified by the
owner or owners of the fee title to the premises described in the
application. However, the making and verifying of the application
by the owner or owners of the fee title to premises used for municipal
uses, public uses, public utilities and the like, included in the
premises described in the application, shall not be required.
(2)
The name and address of the owner, if a firm or corporation,
full name and residence of each member of the firm or that of the
principal officers of the corporation, as the case may be.
(3)
The Land and Tax Map description, metes and bounds
description and the total area of the premises.
(4)
A description of the existing structures and uses.
(5)
A statement of proposed uses.
(6)
If part of the area is to be for single residence
use, then a metes and bounds description of each of the club area
and the residence area.
(7)
A statement of means of water supply and the location
and distance from public water supply.
(8)
The total number of club members, classification of
membership and number of members in each classification, with any
nonmembership to be included.
C.
Accompanying the application, the following shall
be submitted and shall be construed as part thereof.
(1)
A site plan showing the location and uses of existing
buildings, structures, facilities and open spaces on the premises,
including but not in limitation of the foregoing, parking areas, sports
and recreational areas, streets, driveways, means of water supply,
buildings and structures on adjoining premises within 200 feet of
the subject premises, streets and driveways and the width thereof
abutting the subject premises or to which access is to be provided.
(2)
A site plan showing all existing buildings and facilities
to be retained and all future proposed buildings and structures to
be used in connection with the club, facilities, open spaces and their
uses on the subject property including but not in limitation of the
foregoing, parking areas, sports and recreational areas, driveways,
landscaping and areas for single-family dwelling uses. Dimensions
and distances shall be set forth on the plan; which shall be drawn
to scale.
(3)
A statement setting forth all present and proposed
future uses of the buildings, structures and facilities.
(4)
A statement of the financial structure of the membership
club which shall include, among other data, the amount and sources
of the capital financing of the purchase of the land and the construction
of facilities proposed, initiation fees and dues and other source
of anticipated revenues for the operation of the club and itemized
estimated cost of operation.
(5)
A certified copy of the certificate of incorporation
of such club.
(6)
A certified copy of the deed under which such owner
or corporation took title to said premises.
(7)
A copy of a title report or title policy of a title
company authorized to do business in the State of New York, showing
the title to said premises to be in said owner or corporation and
any encumbrances or limitations thereon.
(8)
If said premises is subject to a mortgage, a consent
of the holder of such mortgage, duly acknowledged be fore a notary
public, consenting to and joining in the request for such a change
of zone.
(9)
A certified copy of the proposed constitution and
bylaws of such club, duly certified by the secretary of such corporation,
shall be submitted with the application.
(10)
A survey of the premises made by a licensed
land surveyor or engineer showing the premises and all structures
and existing roads and driveways thereon.
The minimum area of any C Residence District
shall be:
A.
Applicable to a golf club use.
(1)
Height.
(a)
The height of the main club house shall not
exceed 35 feet, except in the case of an existing building exceeding
35 feet in height, the Board of Trustees may permit an exception to
said height restriction.
(b)
The height of any accessory building or structure
shall not exceed 20 feet unless otherwise permitted by the Board of
Trustees.
(2)
Plot area. A minimum of 175 acres.
(3)
Building area. The total coverage of buildings and
structures on the premises shall not exceed 1% of the area. No single
building shall exceed 40,000 square feet. The remaining area of the
premises shall be divided among other open spaces, golf courses, sports
recreational facilities, parks, driveways, walks and parking areas.
(4)
The playing area of the golf course shall be set back
at least 50 feet from any boundary line.
(5)
The minimum distance between any two buildings shall
be 50 feet.
(6)
No such golf club shall have a total of more than
550 members of all classes, and no one, other than a member of such
club or a nonpaying guest of such member, shall be permitted to use
the facilities of such golf club or to participate in any of its accessory
uses.
(7)
No loudspeakers shall be installed on the premises,
except inside the buildings thereon, and no floodlights shall be installed
on the premises, except in the area of a swimming pool; in which case
they shall be faced or directed toward the swimming pool area only.
In any event such lights shall be so placed as not to constitute a
nuisance or to interfere with the enjoyment of the property of other
land owners in the area adjacent to said premises.
(8)
No living quarters shall be provided or permitted
in any building, except for necessary employees of the golf club.
B.
Applicable to a tennis club use.
(1)
Height.
(a)
The height of the clubhouse shall not exceed
20 feet, except in the case of an existing building exceeding 20 feet
in height, the Board of Trustees may permit an exception to said height
restriction.
(b)
The height of any accessory building shall not
exceed 10 feet unless otherwise permitted by the Board of Trustees.
(2)
Plot area. A minimum of 15 acres.
(3)
Building area. The total coverage of buildings and
structures on the premises shall not exceed 1% of the plot area. No
single building shall exceed 10,000 square feet. The remaining area
of the premises shall be divided among the tennis courts, other open
spaces, parks, driveways, walks and parking areas.
(4)
The total number of tennis courts shall not exceed
one court per 35,000 square feet of land to be devoted to the club
use.
(5)
The playing areas of the tennis courts shall be set
back at least 50 feet from any boundary line.
(6)
No such tennis club shall have a total of more than
10 members of all classes for each tennis court on the premises, and
no one, other than a member of such club or a nonpaying guest of such
member, shall be permitted to use the facilities of such tennis club
or to participate in any of its accessory uses.
(7)
No loudspeakers and no floodlights shall be installed
on the premises.
(8)
No use shall be made of the premises after dark, except
under special permit on application to and granted by the Board of
Trustees.
(9)
There shall be a minimum of eight off-street parking
spaces for each tennis court on the premises, plus six parking spaces
for employees.
(10)
A court covered or sheltered by a bubble, inflatable
covering or any other material shall not be deemed to be an outdoor
tennis court, and it is, therefore, not permitted under this chapter.
(11)
No living quarters shall be provided or permitted
in any building.
C.
Applicable to both golf and tennis club uses:
(1)
The area for accessory parking of vehicles shall be
large enough to accommodate users of the club premises; shall be located
as far from the boundary line as practicable; and shall not be less
than 100 feet from the boundary line unless otherwise permitted by
the Board of Trustees but in no event less than 50 feet; and may be
required to be screened by appropriate shrubbery or trees; and shall
be paved as required by the Village with adequate drainage provided.
Such parking area shall not be used for any purpose other than for
the parking of automobiles and other vehicles of members, employees,
guests of members and tradesmen doing business with the club. Parking
areas shall be connected to the public highway by means of a roadway
which meets the approval of the Planning Board.
(2)
Driveways entering upon club property from the public
highways shall be as required by the Board of Trustees.
(3)
Entrance signs shall be limited to locations shown
on the approved site plan.
(4)
All buildings and structures shall be located as far
away from the boundary lines of the premises as shall be practicable.
(5)
Membership in such club shall be limited to strictly
individual persons, and no corporation or partnership shall be permitted
to become a member of such club.
(6)
No outdoor dances or outdoor music shall be permitted,
except under special permit on application to and granted by the Board
of Trustees.
(7)
No portion of the premises, described in the application and shown on the approved site plan for a club use, owned by the membership corporation, shall, after a change in zone to C Residence District has become effective, be used for a club use by any other corporation or persons in possession of the premises, except when permitted by an amendment to the ordinance changing the zone to C Residence District and adopted as provided in § 216-59 of this article.
(8)
The constitution and bylaws of the club and all amendments
thereto shall be filed with the Village Clerk not more than 10 days
after adoption. The provisions of the constitution, bylaws and regulations
of the club shall comply with the provisions of this article.
All buildings and structures, roads and parking
areas, authorized under the provisions of this article, shall conform
to all applicable laws and regulations relating to such construction,
operation and maintenance.
[Amended 3-19-2001 by L.L. No. 2-2001]
All provisions of Article IVA, applicable to detached single-family dwellings in B-4 Residence Districts, shall apply to single-family dwellings in the C Residence District, except that the minimum required lot area shall be 435,600 square feet (10 acres).
Upon the filing of an application under this
article, said application may be referred to the Planning Board by
the Board of Trustees for such report and recommendation concerning
the project as the Board of Trustees may direct. In the event that
the Planning Board shall fail to file its report and recommendation
in the 30 days after referral, the Board of Trustees may proceed without
report and recommendation in its consideration of the application.
The Board of Trustees may require in appropriate
cases before taking final action for a change of zone to C Residence
Districts:
A.
An architect's rendering of all buildings and structures
to be erected upon the premises.
B.
Detailed plans and specifications of all buildings
and structures to be erected upon the premises.
C.
A certificate of the Building Inspector or such other
engineers or experts as the Board of Trustees may direct that the
plans and specifications for such buildings and structures are so
designed as to provide compliance, as far as possible, to the minimum
requirements of the Building Code of the Village of Old Westbury[1] and to provide proper sanitation, adequate guarding against
and minimizing fire hazards, proper light and air, structural soundness
and such other construction as to ensure the safety of the persons
using such buildings and structures:
D.
A declaration of restrictions executed by such owner
and by the holders of any mortgages constituting a lien thereon in
favor of the Village of Old Westbury restricting the use of such land
to such club use with such accessory uses and to one-family residence
dwellings.
E.
In granting such application, the Board of Trustees
may impose additional appropriate reasonable restrictions and regulations
as a condition to granting such application.
In granting such application the Board of Trustees
shall, in addition to all other requirements, ensure that there shall
be adequate access roads to said premises from a public street or
highway. The Board of Trustees may require, by dedication or otherwise,
that such roads will continue to be available under all circumstances.
[Amended 9-20-1993 by L.L. No. 4-1993; 8-19-2002 by L.L. No.
4-2002]
See Chapter 103 for fees and deposits.
In the event of the abandonment or discontinuance
of the club, then the provisions of this article for a single-family
dwelling use in force at that time shall be applicable to said club
area as shown on the site plan, upon the filing with the Village Clerk
of a notice of such abandonment or discontinuance of the club.
The Board of Trustees shall have the power to
amend the ordinance granting the change of zone to C Residence District
in the manner provided in the Village Law for the amending of the
Zoning Ordinance in regard to the following matters, provided that
the application has been referred to the Planning Board and its report
has been received or 60 days shall have elapsed since said referral.
Application for such amendment shall be made in the same manner as
in the making of the original application for a change to C Residence
District and shall comply with the provisions of this article.
Notwithstanding any provisions of this chapter to the contrary, after there shall become effective, as to any premises, a change of zone to C Residence District, no modification, variance or change in the general location, layout, uses of premises and character of the project (which shall include the architect's design, arrangement and uses of all buildings as shown on the plans and specifications of the buildings and structures) as shown on the approved site plan shall be made, except as provided in §§ 216-58 and 216-59 of this article.
