Old Westbury City Zoning Code
ARTICLE IVA
B-4 Residence Districts
§ 216-22.2 Applicability of regulations.
In a B-4 Residence District, the following regulations shall apply.
§ 216-22.3 Permitted uses.
§ 216-22.4 Height restrictions; restrictions on fences.
§ 216-22.5 Required lot area; volume; preexisting lot.
[Amended 6-19-2000 by L.L. No. 2-2000; 9-15-2008 by L.L. No. 6-2008; 8-15-2016 by L.L. No. 6-2016]
A.
No building shall hereafter be erected, altered or moved to accommodate or make provision for more than one family for each 174,240 square feet (four acres) of area of the lot, except in the case of lesser sized lots permitted in new subdivisions pursuant to the lot averaging provisions as set forth in § 216-22.13 of this chapter. For lots existing as of the effective date of this law,[1] the area and zoning regulations of the B-4 Zone shall be applicable to all lots of 174,240 square feet and greater and lesser-sized lots created pursuant to the lot averaging provisions as set forth in § 216-22.13 of this chapter, regardless of the zoning district within which the lot may be located, except as provided in Subsection C hereof.
[1]
Editor's Note: "This law" refers to L.L. No. 6-2008, adopted 9-15-2008.
B.
The maximum allowable volume shall be 78,000 cubic feet for the first 87,120 square feet of lot area and, thereafter, dividing the lot area in excess of 87,120 square feet by 2.5 and adding the result to 78,000 cubic feet. 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.
C.
Any legally established [as shown on a partition map filed in the office of the Clerk of Old Westbury prior to June 1, 1988, (application having been made prior to October 1, 1987) or shown on a subdivision plat filed in the office of the Nassau County Clerk or a preexisting nonconforming lot] lot within the B-4 Residence District which is less than four acres in area shall continue to be governed by the standards, rules and regulations of the zoning district in which it was located on that date and shall not otherwise be subject to the requirements of the B-4 Residence District.
§ 216-22.6 Building area; lot coverage; sprinkling system area; undeveloped space.
[Amended 8-15-2016 by L.L. No. 6-2016]
A.
The combined area for the principal dwelling and all accessory buildings shall not exceed 6% of the lot area.
B.
The combined coverage of all structures and paved surfaces on any lot shall not exceed 25% of the lot area.
C.
The maximum portion of any lot which shall be permitted to be sprinkled with an automatic sprinkling system of any type shall not exceed 20% of the first three acres of lot area and 10% of any lot area in excess thereof.
D.
A minimum of 35% of the first three acres of lot area and 50% of any lot area in excess thereof shall remain in a natural, undeveloped state.
§ 216-22.7 Floor area.
The floor area regulations set forth in § 216-16 of this chapter shall also be applicable in the B-4 Residence District.
§ 216-22.8 Yards.
[Amended 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 depth and width of the following:
(1)
Front yard depth: a minimum of 150 feet for all lots in the B-4 District having a maximum lot area up to 5.99 acres. For all lots in the B-4 District having a lot area greater than 5.99 acres, the front yard depth shall be 150 feet plus one additional foot for each 1,000 cubic feet of building volume in excess of 147,521 cubic feet. (For the purposes of this calculation, only the volume of the main building and accessory building or structures forward of the rear line of the main building shall be counted.)
(2)
Side and rear yard: a minimum of 100 feet for all lots in the B-4 District having a maximum lot area up to 5.99 acres. For all lots in the B-4 District having a lot area greater than 5.99 acres, the side and rear yard depth shall be 100 feet plus 0.5 additional foot for each 1,000 cubic feet of building volume in excess 147,521 cubic feet. (For the purposes of this calculation, only the volume of the main building and accessory building or structures forward of the rear line of the main building shall be counted.)
[Amended 4-17-2017 by L.L. No. 2-2017]
C.
Notwithstanding the above, a minimum front yard of not less than 200 feet shall be required adjoining the following major streets in the Village:
Bacon Road |
Guinea Woods Road |
Hitchcock Lane |
I.U. Willets Road |
Jericho Turnpike |
Morgan Drive |
Old Westbury Road |
Post Road |
Powell's Lane |
Red Ground Road |
Store Hill Road (North) |
Store Hill Road (South) |
Wheatley Road |
Whitney Lane |
§ 216-22.9 Street frontage; lot width and depth.
A.
Each lot shall have a frontage of not less than 25 feet on the street line and a width of not less than 25 feet at every point between such street line and the front line of the lot.
B.
Each lot 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 350 feet, within which circle the principal building shall be located. Where a lot of less than four acres is permitted pursuant to the lot averaging provisions of § 216-22.13 of this chapter, the minimum permitted diameter of such circle shall be 300 feet.
§ 216-22.10 Regulations applicable to accessory structures.
[Amended 2-16-1988 by L.L. No. 3-1988; 2-19-2008 by L.L. No. 2-2008]
A.
In the B-4 Residence Zone, all accessory structures and buildings, including but not limited to tennis courts, swimming pools and barns, shall be at least 75 feet from all property lines.
B.
On a lot with an area of between three and 3.99 acres, such accessory structures and buildings shall be at least 60 feet from each property line.
C.
No accessory building or structure in a B-4 Residence Zone 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 75 feet to any street line.
§ 216-22.11 Screening of parking areas and driveways.
All regulations with respect to screening of parking areas and driveways as set forth in § 216-22 of this chapter shall also be applicable in the B-4 Residence District.
§ 216-22.12 Altering of ponds.
All regulations applicable to ponds as set forth in § 216-22.1 of this chapter shall also be applicable in the B-4 Residence District.
§ 216-22.13 Lot averaging.
Pursuant to the authority set forth in § 7-738 of the Village Law, upon application by a property owner or contract vendee, the Board of Trustees may authorize the Planning Board of the Village of Old Westbury to modify the normally applicable zoning requirements in the B-4 Residence District so as to permit lot averaging. Such authorization shall be granted only where the Board of Trustees determines that such modification would benefit the Village by virtue of improved subdivision design, environmental protection, increased groundwater recharge, increased open space preservation, the protection of significant site features, better buffer screening and such other similar objectives of this chapter and of § 7-738 of the Village Law, provided that the following criteria are met:
A.
The number of building lots or dwelling units which may be permitted by the Planning Board on any property proposed for lot averaging shall be determined by dividing the total area of the property (in acres) by four and rounding down to the nearest whole number; and
B.
No individual lot shall be less than three acres in area, unless a landmarked structure is involved, in which event the Board of Trustees may establish an appropriate lot area for such structure, which lot area is not to be less than one acre.
[Amended 10-18-2004 by L.L. No. 3-2004]