Old Westbury City Zoning Code
ARTICLE V
B Residence Districts
§ 216-23 Applicability of regulations.
In a B Residence District the following regulations shall apply.
§ 216-24 Permitted uses.
No building shall be erected, altered or used, and no lot or premises may be used except for one or more of the purposes set forth in § 216-12 of Article IV of this chapter.
§ 216-25 Height restrictions; restrictions on fences.
[Amended 12-15-1980 by L.L. No. 19-1980; 2-16-1982 by L.L. No. 1-1982; 8-19-1985 by L.L. No. 6-1985; 1-20-1992 by L.L. No. 1-1992; 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 two feet any such portion of the building is set back from the front lot line nor one foot for each 1 1/4 feet it is set back from any side or rear lot line.
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 by 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.
No fence (or wall) shall be erected unless a building permit therefor is issued by the Building Inspector.
H.
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.
I.
Proximity of fire hydrants.
(1)
Legislative intent. Pursuant to the New York State Uniform Fire Prevention and Building Code, it is prohibited to place or permit objects or materials to obscure or obstruct the use of fire hydrants and Fire Department connections. Further, pursuant to the same code, hydrants shall be readily accessible at all times and shall be free of any obstructions, including but not limited to fencing, vehicles and ice. In light of these state requirements, the Board intends to amend the existing laws relative to placement of fences so as to ensure that fire hydrants and Fire Department connections remain readily accessible at all times.
(2)
Amendment. No fence shall be erected within three feet of a fire hydrant or a Fire Department connection so as to ensure that said hydrants or connections shall be readily accessible at all times and shall be free of any obstructions.
J.
The height of any accessory structure shall not exceed 25 feet.
§ 216-26 Required lot area; volume.
[Amended 12-15-1980 by L.L. No. 20-1980; 9-15-2008 by L.L. No. 4-2008; 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 43,560 square feet (one acre) of the area of the lot. For lots existing as of the effective date of this law,[1] the area and zoning regulations of the B Zone shall be applicable to all lots between 43,560 square feet and 87,119 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. 4-2008, adopted 9-15-2008.
B.
Volume.
(1)
Maximum allowable building volume including accessory buildings shall be 1.2 cubic feet for each square foot of lot area up to 43,560 square feet. For lots more than 43,560 square feet, the maximum allowable volume shall be 52,272 cubic feet for the first 43,560 square feet of lot area plus one cubic foot for each 2.5 square feet of lot area in excess of 43,560 square feet.
(2)
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.
§ 216-27 Building area; lot coverage.
[Amended 12-15-1980 by L.L. No. 21-1980]
A.
The building area for single-family detached dwellings and accessory buildings shall not exceed 10% 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.
§ 216-28 Floor area.
All dwellings hereafter erected or altered in this district shall provide for each family not less than 1,800 square feet of usable floor area, all of which shall be completed prior to occupancy.
§ 216-29 Yards.
[Amended 12-15-1980 by L.L. No. 22-1980; 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: minimum 40 feet.
(2)
Side yard width: the aggregate widths of which shall be at least 60 feet. Each side yard shall be no less than 25 feet.
(3)
Rear yard depth: 50 feet.
B.
Corner lots.
(1)
Each yard on each street, for the purposes 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.
§ 216-30 Street frontage.
A.
Each lot shall have a minimum width of 140 feet on the front street line and at every point within 40 feet thereof.
B.
Corner lot. Each lot shall have a minimum width and length of 140 feet on each street line and at every point within 40 feet thereof.
§ 216-31 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 from any 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 shall 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 the rear yard but shall be at least five 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.
§ 216-32 Location of accessory structures.
A.
Accessory buildings or structures shall not occupy more than 15% of the area of the rear yard. The yard area occupied by the accessory buildings or structures shall be included in computing the maximum percent of the lot area which may be utilized for building.
B.
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 the street and the side line of the main dwelling, provided that no such accessory building or structure shall extend beyond the front line of the main dwelling or be closer than 40 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.
C.
Accessory buildings and structures, except as otherwise provided in this chapter, shall be not less than 15 feet from the rear lot line nor less than 20 feet from any side line. If located closer to the street line than the rear line of the main dwelling, a detached garage shall be no less than 25 feet from the side line.
D.
Notwithstanding the provisions of Subsection C, swimming pools, which shall include an area of 10 feet in width surrounding the pool, may be located in the minimum rear and side yards as follows: shall not be less than 10 feet distant from the rear lot line; shall not be less than 10 feet distant from any side line; and shall not extend beyond the front line of the main dwelling, except it may extend beyond the front line of the main dwelling, provided that it shall be located not less than 100 feet from the front lot line. No structure, fixtures or equipment used in connection with the pool, terraces or walks shall be permitted within the minimum rear or side line area as hereinabove specified, excepting underground pipelines.
E.
Notwithstanding the other provisions of this section, fences may be located anywhere on the lot up to the property line.
[Added 8-26-1974]
§ 216-33 Exterior treatment of dwellings.
The same or substantially similar exterior treatment of a dwelling shall not be repeated for another dwelling within 700 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.