[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.
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.
[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.