In a BB 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.
Detached single-family dwelling.
B.
The office of a physician, dentist, lawyer, teacher,
architect or other professional person residing in the main dwelling,
provided that:
(1)
Such use is confined to the first floor of the main
dwelling and occupies not more than 20% of the first floor area or
300 square feet whichever is the lesser.
(2)
There is no display of advertising except a small
professional nameplate.
(3)
That the persons engaged in working in any such office
in addition to the professional person residing in the main dwelling
shall be limited as follows:
(4)
Off-street parking space for the automobiles of patients,
clients, employees and the owner and loading and unloading space for
deliveries shall be provided on the premises. The parking area and
loading and unloading space shall be adequate for such use and shall
be macadamized or paved.
(5)
A certificate of occupancy shall have been issued
for such use by the Building Official.
C.
Village of Old Westbury municipal uses and purposes,
except incinerator and sewage disposal plants.
D.
Public primary and secondary schools.
E.
Public utility buildings and structures, when authorized
by the Board of Appeals as hereinafter provided.
F.
Farm, provided that there is no display of products
other than in growth, no advertising on the premises and no products
offered for sale from the roadside or sold at retail from the premises.
G.
Accessory uses on the same lot and customarily incidental
to the above permitted uses, except accessory uses shall not include
any use customarily carried on as a business or industry or any display
visible from the street.
H.
An accessory building may be used for residential purposes only, except as provided in Subsection I by nonpaying guests or employees of the owner or tenant of the principal dwelling and in the case of employees, provided that the duties of the employee shall be performed on the same premises as the principal dwelling.
I.
An accessory building in existence on May 6, 1957, when it is located on the same lot as the principal dwelling on May 6, 1957, may be used as a single-family dwelling by a paying tenant, provided that the population density of the lot shall not exceed one family for each 87,120 square feet (two acres) of the area of the lot on which the accessory building is located. Nothing in this subsection shall be deemed to modify the definition of family in § 216-4, for the purpose of computing the population density of the lot on which the accessory building is located.
J.
Accessory horse use.
[Added 10-20-1975 by L.L. No. 1-1975; amended 4-18-1977 by L.L. No. 2-1977]
(1)
Statement of legislative purpose. Traditionally the
keeping and breeding of horses for racing and other recreational purposes
have been common and worthwhile activities carried on in the Village
of Old Westbury. The increasing development of the Village has resulted
in certain problems which require more specific regulation of horse
activities in the Village. The purpose of this subsection and of Local
Law No. 2. 1976[1] is to set forth the Village's policies and regulations
with respect to the keeping of horses in the Village of Old Westbury.
(2)
Occupants of a principal dwelling in the B, BB or
B-4 Residence District shall, as an accessory use, be permitted to
keep horses for their personal use, provided that there is compliance
with the following standards and conditions:
[Amended 1-18-1988 by Ord. No. 1-1988]
(a)
The number of horses permitted on each lot shall not exceed one horse for each 20,000 square feet of lot area. In no event shall the total number of horses permitted under this subsection exceed 30 horses, irrespective of the number of acres owned. Upon application to the Board of Appeals, the aforesaid limitation may be varied and that Board shall impose such conditions as it deems necessary for the public health, safety and welfare, provided that it finds that the number of horses is an accessory use. In acting upon an application under this subsection, the Board of Appeals shall exercise the powers granted to it by Article XI of this chapter and by the Village Law.
(b)
The number of stalls and structural facilities
to be constructed for the shelter of horses shall not exceed those
reasonably necessary to accommodate the number of horses permitted
on the lot.
(c)
Any such horse shall be owned or leased solely
by the resident occupants of the lot who shall, upon written request
of the Building Inspector, produce reasonable evidence, together with
an affidavit of said ownership or lease, except that in extraordinary
circumstances a horse, whatever its ownership, may be kept temporarily
but in no event more than 30 days. The boarding or keeping of any
other horse is strictly prohibited except as permitted in Local Law
No. 2 of 1976,[2] relating to the establishment of boarding stables.
(d)
After its original container has been opened,
all grain-type feed shall be kept in rodentproof containers.
(e)
Manure shall be stored at least 75 feet from
all boundary lines. Between April 1 and October 31, it shall be removed
from the premises at least weekly. In an appropriate case and on appropriate
conditions, the Board of Appeals may permit special arrangements for
handling manure. In all cases, however, 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 insects.
(f)
Stables, barns and sheds in connection with
or for sheltering horses shall be subject to the requirements for
accessory buildings as set forth in the appropriate provisions of
this chapter relating to the zone in which the property is located.
(g)
Any building in which horses are sheltered 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 building and audible within
the main dwelling and personnel quarters on the property.
[Amended 4-19-1982 by L.L. No. 2-1982; 10-19-1982 by L.L. No.
5-1982]
(h)
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.
(i)
The maintenance of structures and hygenic conditions
connected with the accessory use here permitted shall be under the
supervision of the Village by its Building Inspector and by 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 any variance
granted in connection with this accessory use here permitted may,
upon request of the Building Inspector, be ordered by the Board of
Appeals to cease and discontinue, after public hearing, until such
time as the conditions complained of are remedied to the satisfaction
of said Board.
[Amended 12-15-1980 by L.L. No. 14-1980; 2-16-1982 by L.L. No. 1-1982; 7-21-2014 by L.L. No. 2-2014]
A.
The height of any principal dwelling shall not exceed 35 feet.
B.
The height of any accessory building shall not exceed 25 feet or
2 1/2 stories.
C.
In no case shall the height of any portion of a building exceed one
foot for each three feet any such portion of the building is set back
from the front lot line nor one foot for each 2 1/2 feet it is
set back from any side or rear lot line. This provision shall not
apply to chimneys which project less than 30 inches above the roof.
D.
No buildings except as provided in this section and § 216-108A(13) of this chapter shall be greater than 25 feet or two stories in height.
E.
Wooden pickets, stockade fences, and vinyl fences are prohibited.
Chain-link fences are prohibited in the front yard of any property.
Fences of solid boards, brick or other solid materials or of wire,
iron, mesh or slats shall not exceed six feet six inches in height.
The only electrified fences which are permitted in the Village of
Old Westbury shall be those:
[Amended 4-18-2022 by L.L. No. 2-2022]
(1)
Powered by a battery, not to exceed six volts.
(2)
With equipment bearing Underwriters' Laboratories, Inc., labels evidencing
approval by Underwriters' Laboratories, Inc.
(3)
With a certificate of approval of the Board of Fire Underwriters.
(4)
On which is attached, every 50 feet on both sides of the fence, a
sign advising caution and stating that there is an electrified wire
running along the fence.
(5)
Electrified wire which shall be installed only on the owner's side
of the fence.
F.
An open wire fence up to 12 feet in height may be erected so as to
enclose all or part of a tennis court and may be fitted with temporary
windbreakers up to a height of eight feet.
G.
The height of any accessory structure shall not exceed 25 feet.
[Amended 12-15-1980 by L.L. No. 15-1980; 2-22-1983 by L.L. No. 6-1983; 4-18-1983 by L.L. No. 10-1983; 3-21-1988 by L.L. No. 6-1988; 8-20-2007 by L.L. No. 3-2007; 9-15-2008 by L.L. No.
5-2008; 8-15-2016 by L.L. No. 6-2016]
A.
No building shall hereinafter be erected, altered or moved to accommodate
or make provision for more than one family for each 87,120 square
feet (two acres) of lot area. For lots existing as of the effective
date of this law,[1] the area and zoning regulations of the BB Zone shall be
applicable to all lots between 87,120 square feet and 174,239 square
feet, regardless of the zoning district within which the lot may be
located.
[1]
Editor's Note: "This law" refers to L.L. No. 5-2008, adopted
9-15-2008.
B.
Volume.
(1)
For lots of 87,120 square feet in lot area, the maximum allowable
volume shall be 78,000 cubic feet.
(2)
For lots of more than 87,120 square feet in lot area, the maximum
allowable volume in cubic feet shall be calculated by dividing the
lot area in excess of 87,120 by 2.5 and adding the result to 78,000
cubic feet.
(3)
All areas within a peaked roof at a ridgeline beginning at 27 feet
to a maximum of 35 feet shall not count for the purposes of calculating
volume.
[Amended 12-15-1980 by L.L. No. 16-1980; 8-15-2016 by L.L. No. 6-2016]
A.
The combined building area for single-family detached dwellings and
accessory buildings shall not exceed 8% of the lot area.
B.
The maximum combined coverage of all buildings and structures shall
not exceed 25% of the lot area.
C.
The building area for any other uses of a lot permitted in this district
shall not exceed 10% of the lot area.
All dwellings hereafter erected or altered in
this district shall provide for each family not less than 2,000 square
feet of usable floor area, all of which shall be completed prior to
occupancy.
[Amended 2-21-1978 by L.L. No. 1-1978; 12-15-1980 by L.L. No.
17-1980; 2-22-1983 by L.L. No. 4-1983; 4-19-2010 by L.L. No.
2-2010; 8-15-2016 by L.L. No. 6-2016]
A.
Each lot shall have a minimum width of 200 feet on
the front street line and at every point within 75 feet thereof.
[Amended 2-21-1978 by L.L. No. 2-1978]
B.
Corner lot. Each lot shall have a minimum width and
length of 200 feet on each street line and at every point within 75
feet thereof.
[Amended 2-22-1983 by L.L. No. 1-1983]
C.
Notwithstanding any section of this chapter to the
contrary, with respect to culs-de-sac, there shall be no more than
two lots fronting on a cul-de-sac, and each lot shall have a minimum
of 150 feet frontage on the cul-de-sac. If any lot extends beyond
the arc of the cul-de-sac, the total frontage on the street combined
with that on the arc of the cul-de-sac shall not be less than 200
feet.
[Added 2-22-1983 by L.L. No. 2-1983]
A.
No building in which horses, cows, sheep or other
farm animals or poultry are kept or dog kennels shall be closer than
50 feet to any adjoining lot line. Any building in which horses are
sheltered shall be equipped with suitable devices for a smoke detection,
fire detection and alarm. An audible alarm shall be provided which
shall emit a continuous sound audible beyond the boundaries of the
building and audible within the main dwelling and personnel quarters
on the property.
[Amended 10-19-1982 by L.L. No. 5-1982]
B.
No storage of manure shall be permitted except as
follows:
(1)
Manure may be stored in a pit or structure completely
enclosed and screened against flies. No such pit or structure shall
be closer than 100 feet from any property line nor closer than 25
feet from a dwelling on the same lot nor closer than 150 feet from
a dwelling on another lot.
C.
Stationary outdoor fireplaces may project into rear
yard, but shall be at least 10 feet distant from side and rear property
lines, and shall not extend in front of the rear line of the main
dwelling and shall not exceed eight feet in height.
D.
No outdoor pools shall be constructed, except in compliance
with all applicable Village regulations.
[Amended 8-26-1974; 12-15-1980 by L.L. No. 18-1980; 3-21-1983 by L.L. No. 8-1983]
A.
Unless otherwise provided in this article, no accessory
building or structure shall be located nearer the street line than
the front line of the main dwelling, but on a corner lot an accessory
building or structure may be located between one of the street lines
and the main dwelling, provided that no such accessory building or
structure shall be closer than 60 feet to any street line. This subsection
shall not apply to accessory buildings and structures which are located
more than 100 feet from a public highway.
B.
All tennis courts and the fixtures and equipment used
in connection therewith shall have a minimum rear yard and side yard
setback of 25 feet each. All swimming pools and the fixtures and equipment
used in connection therewith shall have a minimum rear yard and side
yard setback of 30 feet each. In addition, all tennis courts and swimming
pools shall be screened in a manner to be approved by the Building
Inspector, so as to maximize the screening between the tennis court
and/or swimming pool and any other accessory structure on the adjoining
property with the purpose of decreasing visibility from the adjoining
property and/or the street and decreasing noise from the tennis court
or swimming pool on the adjoining property.
C.
All other accessory structures shall have a minimum
thirty-foot rear yard and a thirty-foot side yard. If located closer
to the street line than the rear line of the main dwelling, a detached
garage shall be not less than 40 feet from the sideline.
D.
Notwithstanding the other provisions of this section,
fences may be located anywhere on the lot up to the property line.
The same or substantially similar exterior treatment
of a dwelling shall not be repeated for another dwelling within 900
feet thereof on the same street, nor shall the same or substantially
similar exterior treatment of a dwelling be repeated on any corner
plots of intersecting streets.
[Added 3-21-1983 by L.L. No. 9-1983]
Except with respect to corner lots, there shall
be no parking areas or driveways in excess of 18 feet in width, either
paved or unpaved, located between the street and the front line of
the house unless completely screened from the street. All screening
required shall be of sufficient height and density and shall be approved
by the Building Inspector so as to maximize the screening between
the parking area and the street and between the parking area and adjoining
property with the purpose of decreasing the visibility of the parking
area from the street and from adjoining property, during the entire
year.
[Added 10-21-1985 by L.L. No. 9-1985]
No pond existing as of the date of this section
shall be permitted to be filled in nor altered in any manner, by altering
the flow of water or otherwise, by any person without the prior approval
of the Board of Trustees or the Planning Board, if in connection with
subdivision approval. No subdivision of property shall be permitted
which would result in the shared ownership of any pond, and all ponds
shall be wholly contained within a single lot.
