[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]
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]
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]
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.
[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.
[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.
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.
[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.
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.