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.
The minimum area of any C Residence District
shall be:
A. For a golf club: 175 acres.
B. For a tennis club: 15 acres.
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 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.
B. Detailed building specifications.
C. Architectural design of buildings.
E. Plot area, building coverage and parking requirements.
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.