[Amended 11-15-1982 by L.L. No. 12-1982; 7-18-1983 by L.L. No. 11-1983; 7-18-1983 by L.L. No. 12-1983; 9-20-1993 by L.L. No. 4-1993; 4-19-1999 by L.L. No. 2-1999]
In Business A Districts, the following regulations
shall apply.
No building shall be erected, altered or used
and no lot or premises may be used except for only one of the following
purposes:
A.
Restaurant. The use "restaurant" shall not be deemed
to include a "bar and grill" or a "bar" but may include a service
bar.
B.
The Board of Trustees may permit, as a special exception,
a gasoline service station operating in the Village of Old Westbury
as of the effective date of Local Law No. 12 of 1982 to continue operating
without regard to the requirements set forth in this subsection as
a special exception. Such special exception shall be permitted only
if the Board of Trustees finds that the operation of the gasoline
service station will not create a hazard to the health, safety and
general welfare and will not otherwise be detrimental to the public
convenience and welfare.
C.
Incidental and accessory uses in connection with the
foregoing principal uses are prohibited, unless permitted by the Board
of Trustees as a special exception, which shall consider the impact
of the proposed use on the health, safety and general welfare of the
public.
D.
A single advertising sign not exceeding 12 square
feet in area when attached to a building advertising the business
conducted in such building. No sign shall be permitted to be erected
on the roof of any building, nor shall any sign extend above the bottom
of the roofline. Any signs consisting of neon and/or flashing lights
shall be prohibited.
The height of any building or structure shall
not exceed 1 1/2 stories or 20 feet unless otherwise permitted
by the Board of Trustees and within such limits that shall be best
suited to the architectural design and arrangements of all the buildings
or building. All buildings shall conform to the architectural design
of the project.
Every project under this article shall occupy
a plot of not less than one acre.
The total coverage of buildings or structures
shall not exceed 20% of the plot area. The remaining 80% shall be
divided among open areas, parks, sidewalks, driveways and accessory
parking of vehicles and means of ingress and egress thereto.
All buildings or structures shall be set back
a minimum of 25 feet from any street or highway line.
The minimum distance between a building and
any side or rear property line shall be 25 feet.
A.
The area for accessory parking of vehicles to which reference is made in § 216-65 shall be primarily provided at the rear and side of the building.
B.
With respect to gasoline service station uses, there
shall be a minimum of two employee parking spaces and one parking
space for each motor vehicle fueling station. in addition, there shall
be one parking space for each 200 square feet of floor area for any
accessory structure permitted by special exception.
C.
With respect to restaurant uses, for every three seats
which can be legally accommodated, there shall be a minimum of one
parking space, plus one additional parking space for every 1 1/2
employees.
D.
Said parking area, and loading and unloading areas
shall be adequately screened from the view of adjoining property in
accordance with the provisions shown on the approved site plan as
hereinafter required.
All proposed buildings not provided with municipal
sewage disposal facilities shall be equipped with an independent sewage
disposal system which shall be approved by the Village or the Planning
Board.
All buildings and structures, roads, walks 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.
No living quarters shall be permitted in any
building.
After approval, any modification, variance or
change in the general location, layout and character of the project,
which shall include the architectural design and arrangement of all
buildings as shown on the plans and specifications of the buildings
and structures as provided, shall be prohibited, unless authorized
by the Board of Trustees. In the event of a partial or total destruction
by fire or otherwise of any building or structure, any replacement
thereof shall be in accordance with the original plans and specifications,
including architectural design.
