Old Westbury City Zoning Code
ARTICLE IV
BB Residence Districts
§ 216-11 Applicability of regulations.
In a BB Residence District the following regulations shall apply.
§ 216-12 Permitted uses.
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:
(a)
In the office of physician or dentist: two employees.
(b)
In the office of a lawyer or architect: one employee.
(c)
In the office of a teacher or other professional person: none permitted.
(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.
[1]
Editor's Note: The provisions of Local Law No. 2-1976 are contained in Article XII of this chapter.
(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.
[2]
Editor's Note: The provisions of Local Law No. 2-1976 are contained in Article XII of this chapter.
(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.
§ 216-13 Height restrictions; restrictions on fences.
[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.
§ 216-14 Required lot area; volume.
[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.
§ 216-15 Building area; lot coverage.
[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.
§ 216-16 Floor 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.
§ 216-17 Yards.
[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.
Yards required. Each lot shall have front, side and rear yards not less than the following depths and widths:
(1)
Each side and rear yard: a minimum of 50 feet.
(2)
Front yard depth: a minimum of 75 feet.
B.
Corner lots.
(1)
Each yard on each street, for the purpose of this chapter, shall be deemed to be a front yard.
(2)
The rear yard shall be deemed to be the yard opposite to the shortest street line of the lot.
§ 216-18 Street frontage.
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]
§ 216-19 Regulations applicable to accessory structures.
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.
§ 216-20 Location of accessory structures.
[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.
§ 216-21 Exterior treatment of dwellings.
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.
§ 216-22 Screening of parking areas and driveways.
[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.
§ 216-22.1 Altering of ponds.
[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.