Old Westbury City Zoning Code
ARTICLE VII
C Residence Districts 1
§ 216-45 Applicability of provisions.
This article shall apply to a planned district in which a golf club or tennis club use shall be permitted in a residence district as hereinafter provided, and such district shall be known as a "C Residence District."
§ 216-46 Applicability of regulations.
In a C Residence District, the following regulations shall apply.
§ 216-47 Permitted uses.
No building may be erected, altered or used and no lot or premises may be used except for the following purposes:
A.
A detached single-family dwelling.
B.
A private golf club conducted, other than for profit, by a corporation organized under the Not-For-Profit Corporation Law of the State of New York, provided that such club shall be used for said golf club purposes and provided, further, that there shall be maintained thereon a golf course of not less than the customary 18 holes.
C.
Private tennis club conducted other than for profit by a corporation organized under the Not-For-Profit Corporation Law of the State of New York, provided that such club shall be used solely for said tennis club purposes and provided, further, that there shall be maintained thereon only outdoor tennis courts and facilities necessary for their use.
§ 216-48 Accessory uses.
Incidental or accessory uses in connection with the foregoing principal uses will be permitted, except that:
A.
In the case of a golf club, recreational uses shall be limited to golf, tennis, swimming and incidental social activities of its members and the necessary incidental facilities with the principal golf club use.
B.
In the case of a tennis club, recreational uses shall be limited to tennis and incidental social activities of its members and the necessary incidental facilities in connection with the principal tennis club use. There shall be no grandstands, bleachers or similar facilities for spectators.
§ 216-49 Procedure for application to change zone.
A.
An application for a change of zone to a C Residence District shall be filed with the Board of Trustees.
B.
Every application made to the Board of Trustees pursuant to this article shall be in writing and shall contain and conform to the following regulations:
(1)
The application shall be made and be verified by the owner or owners of the fee title to the premises described in the application. However, the making and verifying of the application by the owner or owners of the fee title to premises used for municipal uses, public uses, public utilities and the like, included in the premises described in the application, shall not be required.
(2)
The name and address of the owner, if a firm or corporation, full name and residence of each member of the firm or that of the principal officers of the corporation, as the case may be.
(3)
The Land and Tax Map description, metes and bounds description and the total area of the premises.
(4)
A description of the existing structures and uses.
(5)
A statement of proposed uses.
(6)
If part of the area is to be for single residence use, then a metes and bounds description of each of the club area and the residence area.
(7)
A statement of means of water supply and the location and distance from public water supply.
(8)
The total number of club members, classification of membership and number of members in each classification, with any nonmembership to be included.
C.
Accompanying the application, the following shall be submitted and shall be construed as part thereof.
(1)
A site plan showing the location and uses of existing buildings, structures, facilities and open spaces on the premises, including but not in limitation of the foregoing, parking areas, sports and recreational areas, streets, driveways, means of water supply, buildings and structures on adjoining premises within 200 feet of the subject premises, streets and driveways and the width thereof abutting the subject premises or to which access is to be provided.
(2)
A site plan showing all existing buildings and facilities to be retained and all future proposed buildings and structures to be used in connection with the club, facilities, open spaces and their uses on the subject property including but not in limitation of the foregoing, parking areas, sports and recreational areas, driveways, landscaping and areas for single-family dwelling uses. Dimensions and distances shall be set forth on the plan; which shall be drawn to scale.
(3)
A statement setting forth all present and proposed future uses of the buildings, structures and facilities.
(4)
A statement of the financial structure of the membership club which shall include, among other data, the amount and sources of the capital financing of the purchase of the land and the construction of facilities proposed, initiation fees and dues and other source of anticipated revenues for the operation of the club and itemized estimated cost of operation.
(5)
A certified copy of the certificate of incorporation of such club.
(6)
A certified copy of the deed under which such owner or corporation took title to said premises.
(7)
A copy of a title report or title policy of a title company authorized to do business in the State of New York, showing the title to said premises to be in said owner or corporation and any encumbrances or limitations thereon.
(8)
If said premises is subject to a mortgage, a consent of the holder of such mortgage, duly acknowledged be fore a notary public, consenting to and joining in the request for such a change of zone.
(9)
A certified copy of the proposed constitution and bylaws of such club, duly certified by the secretary of such corporation, shall be submitted with the application.
(10)
A survey of the premises made by a licensed land surveyor or engineer showing the premises and all structures and existing roads and driveways thereon.
§ 216-50 Minimum area.
§ 216-51 Special regulations.
A.
Applicable to a golf club use.
(1)
Height.
(a)
The height of the main club house shall not exceed 35 feet, except in the case of an existing building exceeding 35 feet in height, the Board of Trustees may permit an exception to said height restriction.
(b)
The height of any accessory building or structure shall not exceed 20 feet unless otherwise permitted by the Board of Trustees.
(2)
Plot area. A minimum of 175 acres.
(3)
Building area. The total coverage of buildings and structures on the premises shall not exceed 1% of the area. No single building shall exceed 40,000 square feet. The remaining area of the premises shall be divided among other open spaces, golf courses, sports recreational facilities, parks, driveways, walks and parking areas.
(4)
The playing area of the golf course shall be set back at least 50 feet from any boundary line.
(5)
The minimum distance between any two buildings shall be 50 feet.
(6)
No such golf club shall have a total of more than 550 members of all classes, and no one, other than a member of such club or a nonpaying guest of such member, shall be permitted to use the facilities of such golf club or to participate in any of its accessory uses.
(7)
No loudspeakers shall be installed on the premises, except inside the buildings thereon, and no floodlights shall be installed on the premises, except in the area of a swimming pool; in which case they shall be faced or directed toward the swimming pool area only. In any event such lights shall be so placed as not to constitute a nuisance or to interfere with the enjoyment of the property of other land owners in the area adjacent to said premises.
(8)
No living quarters shall be provided or permitted in any building, except for necessary employees of the golf club.
B.
Applicable to a tennis club use.
(1)
Height.
(a)
The height of the clubhouse shall not exceed 20 feet, except in the case of an existing building exceeding 20 feet in height, the Board of Trustees may permit an exception to said height restriction.
(b)
The height of any accessory building shall not exceed 10 feet unless otherwise permitted by the Board of Trustees.
(2)
Plot area. A minimum of 15 acres.
(3)
Building area. The total coverage of buildings and structures on the premises shall not exceed 1% of the plot area. No single building shall exceed 10,000 square feet. The remaining area of the premises shall be divided among the tennis courts, other open spaces, parks, driveways, walks and parking areas.
(4)
The total number of tennis courts shall not exceed one court per 35,000 square feet of land to be devoted to the club use.
(5)
The playing areas of the tennis courts shall be set back at least 50 feet from any boundary line.
(6)
No such tennis club shall have a total of more than 10 members of all classes for each tennis court on the premises, and no one, other than a member of such club or a nonpaying guest of such member, shall be permitted to use the facilities of such tennis club or to participate in any of its accessory uses.
(7)
No loudspeakers and no floodlights shall be installed on the premises.
(8)
No use shall be made of the premises after dark, except under special permit on application to and granted by the Board of Trustees.
(9)
There shall be a minimum of eight off-street parking spaces for each tennis court on the premises, plus six parking spaces for employees.
(10)
A court covered or sheltered by a bubble, inflatable covering or any other material shall not be deemed to be an outdoor tennis court, and it is, therefore, not permitted under this chapter.
(11)
No living quarters shall be provided or permitted in any building.
C.
Applicable to both golf and tennis club uses:
(1)
The area for accessory parking of vehicles shall be large enough to accommodate users of the club premises; shall be located as far from the boundary line as practicable; and shall not be less than 100 feet from the boundary line unless otherwise permitted by the Board of Trustees but in no event less than 50 feet; and may be required to be screened by appropriate shrubbery or trees; and shall be paved as required by the Village with adequate drainage provided. Such parking area shall not be used for any purpose other than for the parking of automobiles and other vehicles of members, employees, guests of members and tradesmen doing business with the club. Parking areas shall be connected to the public highway by means of a roadway which meets the approval of the Planning Board.
(2)
Driveways entering upon club property from the public highways shall be as required by the Board of Trustees.
(3)
Entrance signs shall be limited to locations shown on the approved site plan.
(4)
All buildings and structures shall be located as far away from the boundary lines of the premises as shall be practicable.
(5)
Membership in such club shall be limited to strictly individual persons, and no corporation or partnership shall be permitted to become a member of such club.
(6)
No outdoor dances or outdoor music shall be permitted, except under special permit on application to and granted by the Board of Trustees.
(7)
No portion of the premises, described in the application and shown on the approved site plan for a club use, owned by the membership corporation, shall, after a change in zone to C Residence District has become effective, be used for a club use by any other corporation or persons in possession of the premises, except when permitted by an amendment to the ordinance changing the zone to C Residence District and adopted as provided in § 216-59 of this article.
(8)
The constitution and bylaws of the club and all amendments thereto shall be filed with the Village Clerk not more than 10 days after adoption. The provisions of the constitution, bylaws and regulations of the club shall comply with the provisions of this article.
§ 216-52 Construction operation and maintenance of facilities.
All buildings and structures, roads and parking areas, authorized under the provisions of this article, shall conform to all applicable laws and regulations relating to such construction, operation and maintenance.
§ 216-53 Provisions applicable to single-family residences.
[Amended 3-19-2001 by L.L. No. 2-2001]
All provisions of Article IVA, applicable to detached single-family dwellings in B-4 Residence Districts, shall apply to single-family dwellings in the C Residence District, except that the minimum required lot area shall be 435,600 square feet (10 acres).
§ 216-54 Referral to Planning Board.
Upon the filing of an application under this article, said application may be referred to the Planning Board by the Board of Trustees for such report and recommendation concerning the project as the Board of Trustees may direct. In the event that the Planning Board shall fail to file its report and recommendation in the 30 days after referral, the Board of Trustees may proceed without report and recommendation in its consideration of the application.
§ 216-55 Required submissions.
The Board of Trustees may require in appropriate cases before taking final action for a change of zone to C Residence Districts:
A.
An architect's rendering of all buildings and structures to be erected upon the premises.
B.
Detailed plans and specifications of all buildings and structures to be erected upon the premises.
C.
A certificate of the Building Inspector or such other engineers or experts as the Board of Trustees may direct that the plans and specifications for such buildings and structures are so designed as to provide compliance, as far as possible, to the minimum requirements of the Building Code of the Village of Old Westbury[1] and to provide proper sanitation, adequate guarding against and minimizing fire hazards, proper light and air, structural soundness and such other construction as to ensure the safety of the persons using such buildings and structures:
D.
A declaration of restrictions executed by such owner and by the holders of any mortgages constituting a lien thereon in favor of the Village of Old Westbury restricting the use of such land to such club use with such accessory uses and to one-family residence dwellings.
E.
In granting such application, the Board of Trustees may impose additional appropriate reasonable restrictions and regulations as a condition to granting such application.
§ 216-56 Access roads.
In granting such application the Board of Trustees shall, in addition to all other requirements, ensure that there shall be adequate access roads to said premises from a public street or highway. The Board of Trustees may require, by dedication or otherwise, that such roads will continue to be available under all circumstances.
§ 216-57 Required deposits.
[Amended 9-20-1993 by L.L. No. 4-1993; 8-19-2002 by L.L. No. 4-2002]
See Chapter 103 for fees and deposits.
§ 216-58 Abandonment or discontinuance of use.
In the event of the abandonment or discontinuance of the club, then the provisions of this article for a single-family dwelling use in force at that time shall be applicable to said club area as shown on the site plan, upon the filing with the Village Clerk of a notice of such abandonment or discontinuance of the club.
§ 216-59 Matters that may be amended for particular applications.
The Board of Trustees shall have the power to amend the ordinance granting the change of zone to C Residence District in the manner provided in the Village Law for the amending of the Zoning Ordinance in regard to the following matters, provided that the application has been referred to the Planning Board and its report has been received or 60 days shall have elapsed since said referral. Application for such amendment shall be made in the same manner as in the making of the original application for a change to C Residence District and shall comply with the provisions of this article.
§ 216-60 Changes in approved site plan.
Notwithstanding any provisions of this chapter to the contrary, after there shall become effective, as to any premises, a change of zone to C Residence District, no modification, variance or change in the general location, layout, uses of premises and character of the project (which shall include the architect's design, arrangement and uses of all buildings as shown on the plans and specifications of the buildings and structures) as shown on the approved site plan shall be made, except as provided in §§ 216-58 and 216-59 of this article.