Old Westbury City Zoning Code
ARTICLE XIII
Supplemental Regulations
§ 216-112 Exceptions to height restrictions.
The height provision of this chapter shall not apply to radio or television antennas not exceeding 10 feet in height above the roof.
§ 216-113 Signs.
[Amended 11-19-1979 by L.L. No. 9-1979; 9-19-1988 by L.L. No. 12-1988; 5-17-1993 by L.L. No. 3-1993; 10-17-2011 by L.L. No. 3-2011; 11-16-2020 by L.L. No. 5-2020]
A.
In general.
(1)
Signs are prohibited unless authorized and maintained in accordance with this chapter.
(2)
Illuminated signs are prohibited unless authorized by the Board of Trustees. In all other respects, illuminated signs shall conform to the requirements of this chapter.
B.
The following signs are permitted:
(1)
A single identifying nameplate not more than two square feet in area.
(2)
Signs used in connection with the sale, lease or rental of property, provided that no such sign shall exceed 24 inches by 18 inches or 432 square inches in area with a space of three feet between the bottom of the sign and the ground, that the number of any such signs shall not exceed the number of streets abutting on such parcel, that only one such sign or signboard shall be located opposite any abutting street and that all such signs shall be located on the same parcel as the property thus advertised.
(a)
The application fee for the issuance of a permit to place, construct or install a sign pursuant to § 216-113B(2) shall be $75.
(b)
A sign issued pursuant to § 216-113B(2) shall be valid for a period of six months.
(c)
The application fee for the issuance of a renewal permit to place, construct, or install a sign pursuant to § 216-113B(2) shall be $75.
(3)
Directional, informational, traffic and cautionary signs maintained by the Village, county or state or approved by the Board of Trustees.
(4)
Signs for real estate subdivisions.
(a)
A sign for a real estate subdivision:
[1]
Shall not exceed three feet by four feet.
[2]
May be double-faced.
[3]
Shall be installed within the property line.
[4]
Shall be approved as to design.
(b)
Only one sign shall be permitted in a subdivision which may be erected for a period not to exceed two years, shall be kept in good repair and shall be removed either at the end of two years or at the time of occupancy of all homes in the subdivision, whichever is sooner.
(c)
After the filing of the resolution granting final approval to the subdivision, the subdivision sign may be installed, provided that it has been approved by the Planning Board.
(d)
The sign may be installed for a period of two years, and permission from the Planning Board must be obtained to continue sign display after the two-year period has expired.
(5)
In a Business C District, a single advertising sign not exceeding 12 square feet in area when attached to a building advertising the business conducted in such building, when approved by the Board of Trustees on recommendation of the Planning Board.
(6)
Announcement signs on the same premises as and used in conjunction with any nonresidential use, when approved by the Board of Trustees on recommendation of the Planning Board.
C.
Restrictions on all signs:
(1)
No signs shall be equipped or displayed with moving or flashing or intermittent illumination.
(2)
No sign or window display shall be so placed or illumined as to be a hazard to traffic or disturbing or annoying to occupants of any other building.
(3)
Signs shall not be attached to any tree or fence but shall be attached to a standard post in the ground.
(4)
No sign shall be permitted to be erected on the roof of any building, nor shall any sign extend above the bottom of the roofline.
(5)
Signs in the public right-of-way of any street, road or highway are prohibited, except that directional and warning signs erected by or with the approval of the Superintendent of Buildings or the Superintendent of Public Works are permitted.
(6)
Signs with artificial lighting sources or reflectors connected to or used therewith are prohibited.
(7)
Signs with right angles or that project or extend over the public right-of-way are prohibited.
(8)
Signs that consist of a painted surface utilizing fluorescent or Day-Glo colors are prohibited.
(9)
Revolving signs are prohibited.
(10)
Illuminated signs which have exposed bulbs or light tubing (such as, but not limited to, neon or other chemical lights), wherein the light source itself is shaped and utilized to form the sign, a name, a logo or a design are prohibited.
D.
The signs shall be only brown on beige or white on green or such other color combination as shall be approved by the Board of Trustees after public meeting.
E.
Removal of signs. Any sign that is not in compliance with the provisions of this article shall be removed by the owner of the property upon which such sign is located within two days after date of the notice, unless otherwise stipulated in such notice.
F.
Penalties for offenses. Any condition caused or permitted to exist in violation of any of the provisions of § 216-113 shall be subject and liable, upon conviction, to a fine or penalty not exceeding $1,000 for each and every offense, and each day that such violation shall continue after notification shall constitute a separate offense punishable by a like fine or penalty.
§ 216-114 Sight obstructions.
On a corner lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained which may cause danger to traffic on a street by obscuring the view.
§ 216-115 Substandard lots.
In the case of a narrow corner lot or of any shallow, irregular or steeply sloping lot, existing as such at the effective date of this chapter, where conformity with the provisions of this article would, in the judgment of the Board of Appeals, make it difficult to erect a practicable building, the Board of Appeals, as provided in Article XI, § 216-108A(10), may allow such building or structure to project nearer to any street or lot line than is herein prescribed, provided that it can be done in a way to safeguard the neighborhood and provided that in no case, in a residence district, shall any part of the structure be within less than five feet of any street, lot or line.
§ 216-116 Yards and courts.
Unless otherwise expressly provided, the terms "rear yard," "front yard," "side yard," inner court" or "outer court," when used in this chapter, shall be deemed to refer only to a "rear yard," "front yard," "side yard," "inner court" or "outer court" required in this chapter. No lot area shall be reduced or diminished so that the yards, courts or other open spaces shall be smaller than prescribed by this chapter. No existing building shall be altered, enlarged or rebuilt, except in conformity with the regulations herein prescribed in this chapter.
§ 216-117 Required skylights or windows.
Except as otherwise provided in this chapter, every room in which persons live, sleep, work or congregate shall have at least a ventilating skylight or one window opening directly either upon a street or upon a front yard, rear yard, side yard, inner court or outer court located upon the same lot and conforming to the requirements prescribed by this chapter as to its minimum and least dimension. Courts, yards and other open spaces, if provided in addition to those required by this chapter, need not be of the area and dimensions herein prescribed. No yard, court or other open space provided about any building for the purpose of complying with the provisions of this chapter shall again be used as yard, court or other open space for another building. The provisions of this chapter shall not be deemed to apply to courts or shafts for bathrooms, toilet compartments, hallways or stairways.
§ 216-118 Accessory buildings included in lot coverage.
The yard area occupied by an accessory building shall be included in computing the maximum percentage of the whole lot area, which may be built upon in a given district.
§ 216-119 Yards and courts to be open.
The area required in a court or yard at any given level shall be open from such level to the sky unobstructed, except for the ordinary projections of skylight and parapets above the bottom of such court or yard and except for the ordinary projections of window sills, belt courses, cornices and other ornamental features to the extent of not more than four inches.
§ 216-120 Exceptions to height restrictions for nonresidence buildings.
[Amended 12-15-1980 by L.L. No. 23-1980]
With respect to nonresidence buildings, the height provisions of this chapter shall not apply to bulkheads, elevator enclosures or water tanks occupying in the aggregate less than 10% of the area of the roof on which they are located and not exceeding 12 feet in height above the roof.[1]
[1]
Editor's Note: Original Section 1109, which followed this section and pertained to provisions on the projection of parapet walls and cornices, was repealed 12-15-1980 by L.L. No. 2-1980.
§ 216-121 Courts or shafts.
Courts or shafts used exclusively for lighting and ventilating bathrooms, toilet compartments, hallways or stairways need not comply with the area requirement for the different districts. Such courts or shafts shall, however, not be less than 15 square feet in area nor less than three feet in width.
§ 216-122 Accessory buildings on corner lots.
On corner lots, accessory buildings shall be located as far as possible from all street lines while conforming to the requirements of this chapter.
§ 216-123 Projections into yards.
A.
No building or part of a building shall be erected in or shall project into a rear yard, front yard, side yard with the following exceptions:
(1)
Cornices, eaves, gutters or chimneys projecting not more than 24 inches.
[Amended 12-15-1980 by L.L. No. 25-1980]
(2)
One-story bay window projecting not more than five feet in any event and if such projection be into a side yard, no nearer than three feet to the side line. No foundation wall or structure shall be erected under any part of such bay window projecting into any required side yard.
(3)
Terraces at least 20 feet distant from the lot line.
(4)
One-story open porches which shall project into front or rear yard not more than 10 feet and closed entrance doorways which shall project into front or rear yard not more than six feet or which may project into one side yard, which shall be not nearer to the side line of the lot than the minimum side yard requirement.
(5)
If the distance from the rear line of the lot to the line fixed by the front yard restrictions is less than 75 feet, a portion of the main building not wider than 20% of the width of the lot may project not more than 20 feet into the rear yard.
(6)
One-story attached garage which may project into the rear yard not more than 10 feet or which may project into one side yard but shall not be nearer to the side line of the lot than the minimum side yard requirement.
B.
All of the above exceptions are subject to building area restrictions as provided for elsewhere in this chapter.
§ 216-124 Exceptions to setback requirements.
[Added 12-15-1980 by L.L. No. 26-1980]
In the A Residence District, no regulation or requirement hereof shall be deemed to require the setback of any building beyond the average front setback line observed by the buildings, existing at the effective date of this chapter, on the same side of the street within the block, provided that there are two or more buildings on such block.
§ 216-125 Buildings under construction.
Nothing herein contained shall require any change in the plans, construction or designated use of a building under construction, provided that, at the effective date of this chapter, the construction shall have proceeded to the completion of the foundations and the setting of the first floor beams and provided, further, that the work thereon shall be diligently prosecuted to completion within one year from the effective date of this chapter. The Board of Appeals may, in its discretion, due to the size or nature of the building or any special circumstances which in its judgment are sufficient, extend the date of completion beyond the one year above fixed.
§ 216-126 Interpretation of building area requirements and yard requirements.
In no event shall the building area in any district be excluded by reason of the deduction of yard areas required leaving greater percentage of lot area, nor shall the yard areas in any district be decreased by reason of the permitted building area.
§ 216-127 Prohibited reduction in lots.
No lot shall be reduced in area by sale, subdivision or erection thereon of additional buildings so that any yard or open spaces will be smaller than is provided in this chapter.
§ 216-128 Plots containing twice the area requirements.
When a plot is filed in accordance with Article X of this chapter, which aggregates two or more times the area required in any district in accordance with this section, the plan shall have indicated upon it the intended subdivision of such plot for future buildings. Otherwise, the requirements of §§ 216-14, 216-25 and 216-36 shall apply according to the district.
§ 216-129 Uses not permitted which court finds may not be excluded.
Whenever a court of competent jurisdiction shall have adjudicated that a use that is not permitted pursuant to any express provision of this chapter, may not be excluded from a district and there are no specific regulations in this chapter applying to such use or that the existing zoning is invalid to the extent that any property would be without appropriate regulations as to use or dimensions, then, provided that such use of property may be subject to regulations, no building permit, use permit or certificate of occupancy shall be issued unless authorized by the Board of Appeals. In such a specific case, the Board of Appeals, in authorizing a permit, may impose appropriate reasonable restrictions and regulations as a condition to the granting of such permit to the same extent and effect as the powers granted to the Board of Trustees in § 7-700 of the Village Law and the purposes in view as set forth in § 7-704 of the Village Law and the application of the standards for Board of Appeals action set forth in this chapter, provided that such restrictions and regulations shall not be contrary to or be in conflict with the adjudication of the court in the particular case.
§ 216-130 Sewage disposal facilities.
A.
All construction for the disposal of sewage and other putrescible organic wastes shall, in addition to any requirements of any law, ordinance or rule of the Village of Old Westbury or the State of New York, be in accordance with standard engineering practices, as a minimum; the regulations and specifications of the Nassau County Department of Health and the New York State Department of Health, whichever shall be of greater severity, shall be deemed compliance with this section.
B.
No construction for the disposal of sewage and other putrescent organic wastes shall be backfilled without first having been inspected and approved by the Village.
C.
No building hereafter occupied or used for living quarters shall be so occupied or used, nor shall any certificate of occupancy be issued unless there shall be filed with the Village Clerk a certificate of approval that the construction and facilities available for the disposal of sewage or other putrescible organic wastes is and has been installed in accordance with Village requirements.
§ 216-131 Wells.
In any district, no well shall be located within 15 feet of any boundary line nor within 25 feet of any highway. Pump houses and any equipment above ground, used in connection with a well, shall be located in the rear yard and at least 15 feet distant from any boundary line.
§ 216-132 Flagpoles.
A flagpole shall not exceed 20 feet in height and shall not be nearer any street line than a distance at least equal to its height.
§ 216-133 Floodlights, searchlights and loudspeakers.
[Repealed 8-19-1985 by L.L. No. 4-1985]
§ 216-134 Utility lines and poles.
Local service distribution utility lines and poles, notwithstanding any provisions of this chapter to the contrary, shall be permitted in any district. No permit shall be required for such structures. New local service distribution lines and new transmission lines shall be placed underground unless otherwise authorized by the Planning Board after a public hearing.
§ 216-135 Tax-exempt institutions.
Nevertheless and notwithstanding any contrary provisions of this chapter, no tax-exempt institution shall be permitted in any district except as hereinafter provided:
A.
All applications for the use of property by and for a tax-exempt institution shall be made to the Board of Appeals as provided in Article XI, § 216-108A(15).
B.
No permit for the use of property by or for a tax-exempt institution shall be granted by the Board of Appeals unless the tax-exempt property within the Village is equal in assessed valuation to 10% or less of all property as shown on a current Village assessment roll, nor shall any such use be granted if the grant of such use shall so increase the quantum of tax-exempt property in the Village so that it shall exceed the aforesaid limitations; provided, however, that notwithstanding such limitations, a use permit for a tax-exempt institution may be granted if the order of the Board of Appeals shall incorporate a condition based upon a legally binding agreement between the institution and the Village that the Village shall receive annual payments of such sums of money as will, in the opinion of the Board of Trustees, fully compensate the Village for the rendition of municipal services, whether such services be governmental or proprietary or directly or indirectly, benefiting said institution.
C.
The provisions of this chapter shall not apply to property owned by a municipal corporation and used for municipal purposes; that such property owned by a municipal corporation shall not be included in the computation of tax-exempt property in this section.
§ 216-136 Variances for subdivisions.
In approving an application for subdivision, the Planning Board may, after public hearing, vary the requirements of this chapter with respect to lot width, lot depth and street frontage, such hearing to be held, in the Planning Board's discretion, either prior to or simultaneously with the final hearing on the proposed subdivision.
§ 216-137 Unfinished structures.
[Added 9-17-1979 by L.L. No. 6-1979]
A.
If the Building Inspector determines that an unfinished structure or part thereof creates a danger to the health, safety and general welfare of the community or that it is aesthetically detrimental to the value of property in the surrounding area, he shall so report to the Board of Trustees. Upon receiving such report, the Board of Trustees shall notify the owner of the property involved that a hearing will be held before it to determine whether, in its opinion, the unfinished structure or part thereof creates a danger to the health, safety and general welfare of the community or is aesthetically detrimental to property values in the surrounding area. If, after the hearing, the Board of Trustees finds that the unfinished structure or part thereof creates a danger to the health, safety and general welfare of the community or that it is aesthetically detrimental to the value of property in the surrounding area, then it shall order the owner of the property to correct the danger or cure the detrimental impact of the unfinished structure or part thereof.
B.
If the owner of the property does not correct the situation as ordered, the Board of Trustees may have it corrected and assess the cost of such correction as a lien against the real property, provided that the Board of Trustees gives at least 30 days' notice to the property owner that failure of said owner to correct the situation will result in the Board of Trustees correcting it and levying the charge against the property as a lien, which lien shall have the same priority as a Village tax and for the purposes of collection, shall be deemed a part of the annual Village tax.
§ 216-138 Tennis courts considered structures.
[Added 1-21-1980 by L.L. No. 2-1980]
Irrespective of when constructed and irrespective of the material out of which it has been constructed, a tennis court shall be considered a structure with respect to plot coverage requirements in all zones.
§ 216-139 Satellite antennas.
[Added 11-15-1982 by L.L. No. 9-1982]
A.
Irrespective of when constructed and irrespective of the material out of which it has been constructed, a satellite antenna shall be considered a structure with respect to plot coverage requirements in all building zones and shall comply with all rules and regulations regarding accessory structures.
B.
Prior to the installation, construction or erection of a satellite antenna on any premises located in any zone in the Village, a building permit shall issue from the Building Department of the Incorporated Village of Old Westbury; provided, however, that a satellite antenna shall not be located other than on the ground.
C.
No building permit for any structure, subject to this section as set forth in Subsections A and B, shall be issued unless a detailed plan is submitted to the Building Department of the Village demonstrating the dimensions of the satellite antenna, its location on the premises, the setbacks from each property line, the material from which it is to be constructed and the foliage or other screening to be provided to screen it from the roadway and adjoining property owners. All screening required shall be sufficient height and density to screen 100% of the structure from sight from the roadway and neighboring premises, during the entire year.
§ 216-140 Erection of structures on lots with ponds.
[Added 10-21-1985 by L.L. No. 9-1985]
No structure shall be erected on any lot on which a pond is situated unless and until the location of the structure is approved by the Environmental Commission, on recommendation of the Village Engineer.
§ 216-140.1 Erection of fences; restrictions on fences.
[Added 8-19-1985 by L.L. No. 6-1985; amended 1-22-2019 by L.L. No. 1-2019; 4-18-2022 by L.L. No. 2-2022]
A.
No fence or wall shall be erected unless a building permit therefor is applied for and issued by the Building Inspector. Wood pickets, stockade fences, and vinyl fences shall not be erected in any district. Chain-link fences are prohibited in the front yard of any property in any district.
B.
Any fence hereafter erected in any district shall have the finished side facing the street or neighboring property. All poles and supports for such fences, whenever possible, shall be located on the property owner's side of the fence and shall not be visible from the neighboring property or street.
C.
Requirements and Standards Relating to the Design, Construction, Maintenance, and Repair of Retaining Walls.
(1)
A separate retaining wall permit is required for all new retaining walls 24 inches in height or greater.
(2)
All walls between 24 inches to 60 inches in height shall be subject to the review of the Planning Board Subcommittee before a permit is issued in accordance with Chapter 174 of the Code. All walls greater than 60 inches in height are subject to review and approval by the Planning Board in accordance with Chapter 174 of the Code before a permit is issued.
(3)
Repairs to retaining walls 24 inches or greater in height, and retaining walls lower than 24 inches in height that are part of a tier retaining wall system shall be inspected by the Superintendent of Buildings to review the extent of the repair. No retaining wall permit is required for minor repairs, as determined by the Superintendent of Buildings.
(4)
Repairs to retaining walls greater than 60 inches in height are subject to review and approval by the Planning Board in accordance with Chapter 174 of the Code before a permit is issued.
D.
Zoning Requirements Relating to the Design, Construction, Maintenance, and Repair of Retaining Walls.
(1)
The minimum setback from a front lot line for a retaining wall below grade of the public right-of-way shall be 10 feet.
(2)
A minimum setback from a front lot line for new retaining walls that rise above the grade of the public right-of-way shall be one foot of distance for each one foot of height.
(3)
For retaining walls over 24 inches in height visible from the road or any adjacent property the use of a smooth concrete wall shall not be permitted. The exterior of all such walls shall be stone, brick or masonry materials, decorative wall blocks, or textured concrete, so as to minimize the negative visual impact of the wall. The treatment of these walls shall be indicated on the site plan and construction drawings. Any such material shall be approved by the Planning Board Sub Committee.
(4)
Retaining walls over 30 inches in height that create a walking surface or area intended to be accessed by people adjacent to the top of the retaining wall shall have a guard as defined by the International Building Code.
(5)
Retaining walls of any height are not permitted in any utility easement or conservation areas.
(6)
Building permit applications for new retaining walls must include, in addition to all other requirements:
(a)
Construction drawings designed, signed and sealed by a professional engineer or registered architect duly licensed by the State of New York, indicating the type of wall and construction details.
(b)
Signed and sealed calculations showing that the wall is designed to prevent overturning, sliding, excessive foundation pressure, and water uplift. Retaining walls must be designed for minimum safety factors as required by the International Residential Code as adopted by the Village of Old Westbury.
(c)
A site plan indicating:
[1]
The location of the wall on the property.
[2]
Property lines and easements.
[3]
The dimensions of the proposed wall.
[4]
All drainage components.
[5]
The location of all utilities, existing or proposed.
[6]
The direction for all surface water flow.
[7]
Location and details of erosion control components.
[8]
All existing trees in or near the area of construction and including all trees to be removed and methods of protection for trees to remain.
(7)
No structure shall be allowed to be constructed in front of any wall that would preclude access to the maintenance area or inspection of the wall.
E.
Retaining wall design.
(1)
A minimum horizontal distance of four feet is required between walls installed in a tiered installation. The area between the tiers shall be graded with no more slope than needed to facilitate the shedding of surface waters and prevent stormwater runoff to adjoining properties, and must be landscaped with natural material and be properly maintained.
(2)
A retaining wall cannot exceed the height of the adjoining grade that it supports or retains unless approved by the Superintendent of Buildings.
(3)
Provisions must be made to contain stormwater and prevent erosion on the subject property and to protect all adjoining properties from the same during and after construction.
(4)
Permission to enter upon or disturb any adjoining property must be obtained from the property owner prior to the issuance of a building permit. Any adjoining property disturbed by the installation of a retaining wall must be restored to its previous condition.
(5)
Retaining walls will not be permitted when the installation will destabilize or cause the removal of trees on an adjoining property, regardless of property line location, unless prior written permission is granted by the adjoining property owner, and subject to the issuance of a tree removal permit.
(6)
Nondecorative concrete block and untreated landscape ties are not permitted.
F.
Repairs and replacement of existing retaining walls.
(1)
All repairs that are not minor in nature, as determined by the Superintendent of Buildings, and all repairs of an existing retaining wall of any full-height section of the wall over two feet in height, shall require a permit. For all repairs or replacements to retaining walls over 60 inches in height, plans must be submitted, signed, sealed, and stamped by a duly licensed construction design professional who may be an architect or professional engineer licensed by the State of New York.
(2)
If retaining walls show signs of tipping, clogged drains, or soil subsidence, then the owner shall notify the Building Department for an inspection. The Superintendent of Buildings shall have the authority to require any necessary repairs to a retaining wall that jeopardizes public health, safety, and property.
(3)
No vegetation may be removed from, or adjacent to, an existing retaining wall that may destabilize the structural or mechanical integrity of any part of the retaining wall.
(4)
The provisions of § 216-140.1D(7) of this chapter apply to the maintenance, repair or replacement of existing retaining walls.
(5)
The provisions of § 216-140.1E of this chapter apply to the maintenance, repair or replacement of existing retaining walls.
(6)
The provisions of § 216-140.1 of this chapter shall apply to the replacement of a retaining wall.
G.
Penalties for offenses.
(1)
Violations may be issued daily by the Superintendent of Buildings. Each and every violation of any provision of this chapter or of any of the rules and regulations promulgated hereunder shall be punishable by a fine of not less than $1,500 and no more than $10,000.
§ 216-140.2 Electric meters.
[Added 11-21-2011 by L.L. No. 6-2011]
A.
All electric meters shall be attached to the principal dwelling or approved accessory structure, as determined by the Superintendent of Buildings.
B.
Remote electric meters not attached to the principal dwelling or approved accessory structure, as set forth in Subsection A, are strictly prohibited.