Village of Old Westbury, NY Article XII Special Exceptions Subject to Approval of the Board of Trustees

[Added 10-20-1975 by L.L. No. 2-1975; amended 6-21-1976 by L.L. No. 1-1976; 10-18-1976 by L.L. No. 2-1976]

§ 216-111 Commercial training and boarding of horses.

A. The commercial boarding and training of horses, including the boarding or training of horses belonging to the property owner which earn money racing, is permitted in a B-4, in a B or in a BB Residential District as a special exception upon application to the Board of Trustees, subject to the following terms and conditions, provided that there are no exemptions from or abatement of real property taxes affecting the property devoted to this use.

[Amended 11-27-1987 by L.L. No. 13-1987; 12-21-1987 by L.L. No. 14-1987]

B. This section shall govern the harboring of horses, except those kept by the owner of the principal dwelling as an accessory use, pursuant to Local Law No. 1 of 1975.[1]

[1] Editor's Note: Local Law No. 1-1975 added § 216-12J.

C. The permitted use may not include any of the following:

(1) Storage of horse vans for conveying or vanning of horses, except as may be accessory to the principal use.

(2) Sale or rental of equipment.

(3) Sale or rental of horses for use by public by the hour, day, month or year.

(4) Hacking of horses.

(5) Rides on horses by the public.

(6) Rides by the public in horse-drawn vehicles.

(7) Rental of horse vans.

(8) Riding lessons to public.

D. The land devoted to this use shall be in single ownership and shall at no time be less than 14 contiguous acres.

E. One principal single-family dwelling shall be located on the land devoted to this use, and it shall comply in all respects with the requirements of this chapter for a principal dwelling, including land area (i.e., one acre or two acres, as the case may be) in the district in which it is situated, and be occupied by not more than one family. The land area on which the principal single-family dwelling is located shall not be considered as part of the land devoted to this use as set forth in Subsection D of this section, nor shall the land area on which any other single-family dwelling is located be considered as part of the land devoted to this use under Subsection D of this section.

F. The number of horses that may be boarded and/or trained at such property shall not exceed 25 horses for the first 14 acres of land devoted to this use, plus one horse for each additional 1/2 acre. In no event shall the total number of horses exceed 75 for any contiguous parcel.

G. The stable and the facilities for the storage of manure shall be located on the land devoted to this use at least 200 feet from each boundary line.

H. If the land devoted to this use contains an exercise track and/or paddocks, they shall not be construed as "structures" as defined in § 216-4 of this chapter. Existing tracks shall be permitted to remain as nonconforming uses for purposes of this section, provided that said tracks were in use as training or exercise tracks at the time of the effective date of Local Law No. 2 of 1975.[2]

[2] Editor's Note: Local Law No. 2-1975 first added provisions making the commercial boarding and training of horses a special exception use.

I. Neither fences, the running surfaces of tracks, riding rings, paddocks nor the infield of any exercise track shall be construed as "structures" in determining the area of coverage as required by this section. However, exercise tracks, riding rings and fences shall meet the following requirements:

(1) Any riding ring or exercise track shall be at least 150 feet from any boundary line.

(2) Horses shall not be left unattended in any roofless area which is enclosed by a fence less than six feet six inches in height unless the fence is set back at least three feet from the property line. By revocable written instrument, the protection intended by this subsection may be waived by an adjoining owner.

J. Accessory buildings, such as barns (not housing horses), sheds and the like, may be located on the land devoted to this use, provided that they are set back at least 200 feet from the street line and 100 feet from each side boundary line and they are not used for the storage of manure.

K. Conditions.

(1) Structures on the land devoted to this use (not including the principal dwelling) shall not in the aggregate cover more than 5% of the area of the land devoted to this use.

(2) No structure shall exceed 35 feet in height.

(3) Suitable and adequate off-street parking, in accordance with the reasonable requirements of the Board of Trustees, shall be provided no closer than 200 feet to any of the property lines.

(4) Exterior lighting shall be permitted only to the extent necessary to prevent injury to the public and shall be so installed and arranged as to reflect light away from the adjoining streets and prevent any nuisance to adjoining property.

(5) No exterior loudspeakers shall be installed or used on the premises.

(6) There shall be no display of advertising on the premises, except that a suitable identification sign may be placed at or near the main entrance when approved by the Board of Trustees.

(7) All stables shall be equipped with suitable devices for smoke detection, fire detection and alarm. An audible alarm shall be provided which shall emit a continuous sound audible beyond the boundaries of the stables and audible within the main dwelling and in personnel quarters.

[Amended 4-19-1982 by L.L. No. 2-1982; 10-19-1982 by L.L. No. 5-1982]

(8) No horse vans, farm trucks or other commercial vehicles shall be parked on the premises in such location that such vehicles are visible from ground level from any surrounding residences or public roadways.

(9) Buffer planting, walls and fences may be required where appropriate to contain the horses, to screen the building or buildings or to protect adjoining property.

(10) Manure shall be stored and treated in such a manner that it shall not create any odor or attract or harbor any rodents, flies or other pests. Between April 1 and October 31 manure shall be removed from the premises at least weekly.

(11) The number of stalls and structural facilities for the shelter of horses shall not exceed those reasonably necessary to accommodate the number of horses permitted on the lot.

(12) Suitable and adequate arrangements shall be made and continued for supervising and caring for the horses.

(13) The land devoted to the boarding of horses shall be suitable for that purpose.

(14) All stables and barns shall be equipped with suitable water sprinkler devices which, in the opinion of the Building Inspector of the Village of Old Westbury, adequately provide for the safety of the horses housed therein.

[Added 11-17-1986 by L.L. No. 7-1986[3] ]

[3] Editor's Note: This local law also included the following Sections II, III and IV: SECTION II "The condition contained in this local law shall apply to all new applications and to permit renewal applications which are filed with the Board of Trustees on or after January 1, 1987. SECTION III "With respect to any commercial training or boarding stable which exists as a nonconforming use, such property shall comply with this local law no later than January 1, 1988. SECTION IV "This local law shall take effect on January 1, 1987."

L. The Board of Trustees may grant the permit hereunder, provided that the following conditions are met and provided that it affirmatively finds, based upon substantial evidence, that the proposed use of the property or the erection, alteration or maintenance of an existing or a proposed structure:

(1) Will not depreciate or tend to depreciate the value of other real property in the Village.

(2) Will not create a hazard to the health, safety, morals or general welfare.

(3) Will not be detrimental to the neighborhood or to the residents thereof.

(4) Will not alter the essential character of the neighborhood.

M. The Board of Trustees, upon granting a permit hereunder, shall impose such additional, reasonable and appropriate conditions and restrictions, including but not limited to modifying (by increasing or decreasing) dimensional requirements, as it may deem necessary to promote and maintain the health, safety, morals and general welfare of the community, and it shall consider the views of the owners of adjoining property. No permit granted hereunder shall be for a period in excess of five years.

N. The standards set forth herein are not exclusive of other considerations relating to health, safety and general welfare, all of which shall be considered by the Board of Trustees in determining whether to issue the permit.

O. In authorizing this use, the Board of Trustees may vary any of the requirements set forth herein, provided that it finds that the benefit to the applicant if the variance is granted outweighs the detriment to the health, safety and welfare of the community by the grant of such variance. In the granting of the variance, the Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property.

[Amended 6-22-1981 by L.L. No. 5-1981; 3-21-1994 by L.L. No. 4-1994]

P. Article XI of this chapter shall not apply to any applicant under this section.

Q. See Chapter 103 for fees and deposits.

[Amended 12-21-1987 by L.L. No. 18-1987; 8-19-2002 by L.L. No. 4-2002]

R. As a condition to the issuance of any permit hereunder, the Board of Trustees may require the posting of a bond or other security in such form as shall be approved by the Village Attorney and in an amount sufficient for one or more of the following purposes: to ensure the conformity of all improvements on the property with any plans approved by the Board of Trustees; to recompense the Village for the services of any professional help retained in considering the proposed use or any plans or proposals in respect thereto; and to restore the lot to a safe and sightly condition should any construction or improvement thereon either fail to meet the requirements of this chapter or the conditions of the authorization by the Board of Trustees or be terminated before completion.

S. The maintenance of the structures and hygienic conditions connected with the use here permitted shall be under the continuous supervision of the Village and the Nassau County Department of Public Health to the extent necessary. If conditions are found to exist which are dangerous to the health, safety and welfare of humans or horses or if any of the requirements of this or any other section of this chapter or of any condition attached to the permit issued hereunder are not complied with by the operator of the boarding stable, the permit issued hereunder may be revoked or suspended by the Board of Trustees after public hearing.

T. To the extent not otherwise authorized by this section or by the terms of the permit issued by the Board of Trustees pursuant to this section, the other provisions of this chapter, applicable to the uses, plot plans and structures in a B or BB Residence District, as the case may be, shall apply.

U. Every application to the Board of Trustees made pursuant to this subsection shall conform to the regulations set forth in § 216-108A(15)(i) of this chapter and, in addition, shall set forth what facilities will be provided to store hay and feed, to clean up, store and remove manure and to water the horses.

V. Before scheduling a public hearing on any application under this section, the Board of Trustees shall refer the application to the Planning Board for a report and recommendation, and the Planning Board shall hold a public hearing prior to making its report and recommendation. In addition, the applicant shall give notice, by certified mail, of all public hearings to the owners of property adjoining the subject property.

W. After a permit has been issued pursuant to this section, the Building Inspector or his designee may enter the property without notice, during reasonable hours, without the necessity for a search warrant, and make periodic inspections of the premises, subject to the permit, to determine and assure continuing compliance with the requirements of this chapter and the permit. By accepting the permit, the owner and operator of the premises automatically consents to inspection as set forth above by any authorized Village representative at any reasonable time.

X. Upon issuance of a permit and annually thereafter, the permittee shall pay to the Village a fee equal to $50 times the number of stalls authorized by the permit.

Y. The hours of operation, which include the vanning of horses into and from the land as well as the training of horses and all other aspects of the operation other than mere boarding, shall be between 7:00 a.m. and 11:00 p.m.

Z. The final approval of a subdivision or partition of the property devoted to this use shall terminate the permit granted hereunder.

§ 216-111.1 Telecommunications cellular towers.

[Added 12-23-1999 by L.L. No. 10-1999]

A. Telecommunications cellular towers may be permitted in any zone in the Village by the Board of Trustees as a special exception.

B. In granting a special exception under this section, the Board of Trustees shall limit the tower to the minimum size required to provide service as required by the Federal Communications Commission standards.

C. In considering an application under this section, it may be granted only if the Board makes specific findings that the location of the tower will not be detrimental to the health, safety and general welfare of the community and will not tend to depreciate the property values in the area. The Board shall also consider the aesthetic impact of the proposal and may impose conditions to mitigate it and other impacts.

D. The Board may impose reasonable conditions to mitigate the impact of the use on the surrounding area. However, the Board may not impose any conditions which have the effect of prohibiting personal wireless service.

E. In connection with an application under this section, the applicant shall prepare, at a minimum, a long-form environmental assessment statement under the State Environmental Quality Review Act (SEQRA) rules and regulations. In the event that the Board determines that a draft environmental impact statement (DEIS) is required, it shall so advise the applicant in accordance with SEQRA.

F. In the event that the applicant wishes to locate a tower on property owned by the Village of Old Westbury or the Old Westbury Water Department, this section shall be inapplicable and the tower may be erected on said Village property in accordance with the contract which is entered with and approved by the Board of Trustees.

§ 216-111.2 Places of worship.

[Added 3-19-2001 by L.L. No. 4-2001]

Places of worship, as defined herein, are permitted in the B-4, B-B and B Residence Districts as a special exception, upon approval of the Village Board of Trustees and subject to the following conditions:

A. Places of worship shall be permitted only on sites which have at least 200 feet of frontage on Store Hill Road, Jericho Turnpike, Hillside Avenue or Glen Cove Road. All vehicular access shall be limited to these multiple-lane streets, unless the Village Board of Trustees determines that other access would further the public health, safety and welfare.

B. The minimum required lot area shall be 12 acres. Notwithstanding the foregoing, the minimum required lot area for any place of worship whose building volume, including all accessory buildings, exceeds 261,360 cubic feet shall be increased by 2.5 square feet for each one cubic foot in excess of such amount.

C. Each lot proposed for use as a place of worship shall be of sufficient width and depth so as to be capable of containing entirely within its boundaries a horizontal circle with a diameter of at least 400 feet, within which circle all buildings shall be located.

D. The minimum required front yard shall be 200 feet. The minimum required side and rear yard shall be 125 feet. All minimum required yard setbacks shall be maintained as a landscaped area and/or landscaped buffer, except for approved pedestrian, equestrian and vehicular accessways, and shall be planted and maintained in accordance with the site plan approved by the Board of Trustees in connection with the issuance of the special exception use permit.

E. The Board of Trustees may vary the front, side and rear yard setback requirements for the purpose of providing additional buffering or landscaping along neighboring residential properties or public streets, and correspondingly reducing it along other property boundaries, provided that the total amount of the front and rear setback and of the two side setbacks is not less than that which would otherwise be required.

F. The height of any building shall not exceed 25 feet.

G. The combined coverage of all buildings, including accessory buildings, shall not exceed 4% of the first 12 acres of site lot area and 3% of any lot area in excess thereof.

H. The combined coverage of all buildings, structures and paved surfaces shall not exceed 20% of the first 12 acres of lot area and 15% of any lot area in excess thereof.

I. The maximum portion of any such lot which shall be permitted to be sprinkled with an automatic sprinkling system of any type shall not exceed 20% of the first 12 acres of lot area and 10% of any lot area in excess thereof.

J. A minimum of 35% of the first 12 acres of lot area and 50% of any lot area in excess thereof shall remain in a natural, undeveloped state, in which area only ordinary maintenance activities shall be permitted.

K. Restrictions on fences shall be the same as those set forth in § 216-13, Subsections E and F, of Article IV of this chapter.

L. Article XI of this chapter shall not apply to any applicant seeking a special exception for the establishment of a place of worship.

M. As a condition to the issuance of any permit hereunder, the Board of Trustees may require the posting of a bond or other security in such form as shall be approved by the Village Attorney and in an amount sufficient for one or more of the following purposes:

(1) To ensure the conformity of all improvements on the property with any plans approved by the Board of Trustees.

(2) To recompense the Village for the services of any professional help retained in considering the proposed use or any plans or proposals in respect thereto.

(3) To restore the lot to a safe and sightly condition should any construction or improvement thereon either fail to meet the requirements of this Chapter or the conditions of the authorization by the Board of Trustees, or be terminated before completion.

N. The regulations applicable to uses, plot plans and structures in a B, BB or B-4 Residence District shall apply to the extent that such regulations do not conflict with the regulations set forth in this section. The terms and regulations set forth in this section shall govern when a conflict exists with any of the regulations applicable to the underlying zoning district.

O. A minimum of not less than one off-street parking space shall be provided for each two seats or pew spaces. In the event that seats or pews are not provided, a minimum of one parking space shall be provided for each two persons in accordance with the maximum permitted occupancy of the premises.

P. Application. Every application to the Board of Trustees made pursuant to this subsection shall contain and conform to the following regulations:

(1) The person, firm or corporation for whom the use is intended shall be the applicant.

(2) The application shall be in writing and verified.

(3) The name and address and acknowledged consent of the owner, if different from the applicant.

(4) If a firm or corporation, the full name and residence of each member of the firm or that of the principal officers of the corporation, as the case may be.

(5) Land and Tax Map description and the area of the subject lot or premises and of all other properties of the applicant in the Village.

(6) Description of existing structures and uses.

(7) Distance from public water supply, electricity, public roads, sewers and public transportation.

(8) Statement of proposed use.

(9) Period of time for which the permit is requested.

(10) Accompanying said verified application, which shall be construed as constituting a part thereof, there shall be submitted:

(a) A site plan showing the location and uses of existing buildings, structures, facilities and open spaces on the lot or premises, including but not limiting the foregoing, parking areas, driveways, walks, sports and recreational areas, exterior lighting, signage, means of water supply, buildings and structures on adjoining premises within 300 feet of the subject premises, and streets and highways and the width thereof abutting the subject lot or premises.

(b) A site plan showing all existing buildings and facilities to be retained and all proposed buildings, structures, facilities, open spaces and their uses on the lot or premises, including but not limiting the foregoing, parking areas, driveways, walks, sports and recreational areas, exterior lighting, signage and landscaping. All dimensions and distances shall be set forth on the plan.

(c) A statement setting forth all present and proposed future uses of buildings, structures and facilities, including the maximum occupancy requested.

(11) Bond. If all site improvements have not been completed prior to the application for a certificate of occupancy, a performance bond for not more than one year may be accepted by the Village Clerk in an amount estimated by the Village Engineer as necessary to complete the improvements, which bond shall be a surety company bond in such form as shall be approved by the Village Attorney. On the acceptance and filing of such bond, the Building Official shall be authorized to issue the certificate of occupancy.

Q. Use restriction. No building, structure or facility shall be erected, altered or used, other than as shown on the site plan approved by the Board of Trustees in connection with the granting of the special exception, except on application to and approval by the Board of Trustees to amend said site plan and special exception. Any amendment of said site plan or special exception shall be acted upon by the Board of Trustees in the same manner and subject to the same procedure as an original application for a permit under this subsection.

§ 216-111.3 Not-for-profit schools.

[Added 3-19-2001 by L.L. No. 4-2001]

Not-for-profit schools, as defined herein, are permitted in the B-4, B-B and B Residence Districts as a special exception, upon approval of the Village Board of Trustees and subject to the following conditions:

A. Not-for-profit schools shall be permitted only on sites which have at least 200 feet of frontage on Store Hill Road, Jericho Turnpike, Hillside Avenue or Glen Cove Road. All vehicular access shall be limited to these multiple-lane streets, unless the Village Board of Trustees determines that other access would further the public health, safety and welfare.

B. The minimum required lot area shall be 15 acres. Notwithstanding the foregoing, the minimum required lot area for any not-for-profit school whose building volume, including all accessory buildings, exceeds 326,700 cubic feet shall be increased by 2.5 square feet for each one cubic foot in excess of such amount.

C. Each lot proposed for use as a not-for-profit school shall be of sufficient width and depth so as to be capable of containing entirely within its boundaries a horizontal circle with a diameter of at least 500 feet, within which circle all buildings shall be located.

D. The minimum required front yard shall be 200 feet. The minimum required side and rear yard shall be 150 feet. All minimum required yard setbacks shall be maintained as a landscaped area and/or landscaped buffer, except for approved pedestrian and vehicular accessways, and shall be planted and maintained in accordance with the site plan approved by the Board of Trustees in connection with the approval of the special exception use permit.

E. The Board of Trustees may vary the front, side and rear yard setback requirements for the purpose of providing additional buffering or landscaping along neighboring residential properties or public streets, and correspondingly reduce it along other property boundaries, provided that the total amount of the front and rear setback and of the two side setbacks is not less than that which would otherwise be required.

F. The height of any building shall not exceed 25 feet.

G. The combined coverage of all buildings, including accessory buildings, shall not exceed 4% of the first 15 acres of lot area and 3% of any lot area in excess thereof.

H. The combined coverage of all buildings, structures and paved surfaces shall not exceed 20% of the first 15 acres of lot area and 15% of any lot area in excess thereof.

I. The maximum portion of any such lot which shall be permitted to be sprinkled with an automatic sprinkling system of any type shall not exceed 20% of the first 15 acres of lot area and 10% of any lot area in excess thereof.

J. A minimum of 35% of the first 15 acres of lot area and 50% of any lot area in excess thereof shall remain in a natural, undeveloped state.

K. Restrictions on fences shall be the same as those set forth in § 216-13, Subsections E and F, of Article IV of this Chapter.

L. Article XI of this Chapter shall not apply to any applicant seeking a special exception for the establishment of a not-for-profit school.

M. As a condition to the issuance of any permit hereunder, the Board of Trustees may require the posting of a bond or other security in such form as shall be approved by the Village Attorney and in an amount sufficient for one or more of the following purposes:

(1) To ensure the conformity of all improvements on the property with any plans approved by the Board of Trustees.

(2) To recompense the Village for the services of any professional help retained in considering the proposed use or any plans or proposals in respect thereto.

(3) To restore the lot to a safe and sightly condition should any construction or improvement thereon either fail to meet the requirements of this chapter or the conditions of the authorization by the Board of Trustees, or be terminated before completion.

N. The regulations applicable to uses, plot plans and structures in a B, BB or B-4 Residence District shall apply to the extent that such regulations do not conflict with the regulations set forth in this section. The terms and regulations set forth in this section shall govern when a conflict exists with any of the regulations applicable to the underlying zoning district.

O. A minimum of not less than one off-street parking space shall be provided for each staff member and for each student in grades 10 and above. In addition, at least one visitor parking space shall be provided for each 20 students. Parking for special events, such as graduation, sports activities, etc., shall be provided as required by the Board of Trustees.

P. Application. Every application to the Board of Trustees made pursuant to this subsection for a permit shall contain and conform to the following regulations:

(1) The person, firm or corporation for whom the use is intended shall be the applicant.

(2) The application shall be in writing and verified.

(3) The name and address and acknowledged consent of the owner, if different from the applicant.

(4) If a firm or corporation, the full name and residence of each member of the firm or that of the principal officers of the corporation, as the case may be.

(5) Land and Tax Map description and the area of the subject lot or premises and of all other properties of the applicant in the Village.

(6) Description of existing structures and uses.

(7) Distance from public water supply, electricity, public roads, sewers and public transportation.

(8) Statement of proposed use.

(9) Period of time for which the permit is requested.

(10) Accompanying said verified application, which shall be construed as constituting a part thereof, there shall be submitted:

(a) A site plan showing the location and uses of existing buildings, structures, facilities and open spaces on the lot or premises, including but not limiting the foregoing, parking areas, driveways, walks, sports and recreational areas, exterior lighting, signage, means of water supply, buildings and structures on adjoining premises within 300 feet of the subject premises, and streets and highways and the width thereof abutting the subject lot or premises.

(b) A site plan showing all existing buildings and facilities to be retained and all proposed buildings, structures, facilities, open spaces and their uses on the lot or premises, including but not limiting the foregoing, parking areas, driveways, walks, sports and recreational areas, exterior lighting, signage and landscaping. All dimensions and distances shall be set forth on the plan.

(c) A statement setting forth all present and proposed future uses of buildings, structures and facilities, including the maximum occupancy requested.

Q. Bond. If all site improvements have not been completed prior to the application for a certificate of occupancy, a performance bond for not more than one year may be accepted by the Village Clerk in an amount estimated by the Village Engineer as necessary to complete the improvements, which bond shall be a surety company bond in such form as shall be approved by the Village Attorney. On the acceptance and filing of such bond, the Building Official shall be authorized to issue the certificate of occupancy.

R. Use restriction. No building, structure or facility shall be erected, altered or used, other than as shown on the site plan approved by the Board of Trustees in connection with the granting of the special exception, except on application to and approval by the Board of Trustees to amend said site plan and special exception. Any amendment of said site plan or special exception shall be acted upon by the Board of Trustees in the same manner and subject to the same procedure as an original application for a permit under this subsection.