Westbury City Zoning Code
ARTICLE XXVII
General Provisions
§ 248-232 Nonconforming uses.
[Amended 12-5-2019 by L.L. No. 7-2019]
A.
Nonconforming uses, buildings or structures. A lawful use, building or structure which is rendered nonconforming by the enactment of this code or by reason of any subsequent amendment to this code may continue to exist, subject to the other provisions of this article.
B.
Continuation; abandonment; restoration; unsafe structures.
(1)
Restoration of nonconforming uses. A lawful use which is rendered nonconforming by the enactment of this code or by reason of any subsequent amendment to this code may be continued, provided that it is not abandoned or destroyed as to 50% or more of the building square footage for all buildings located on the site used for such nonconforming use. If a nonconforming use is abandoned or destroyed as to 50% or more of the building square footage for all buildings located on the site used for such nonconforming use, it may not be resumed. The increase or expansion of a nonconforming use is prohibited.
(2)
Restoration of nonconforming structures. Any lawful building or structure or portion of such building or structure rendered nonconforming by the enactment of this code or by reason of any subsequent amendment to this code, which is damaged or destroyed as to less than 50% as reflected in the square footage of the nonconforming building prior to the damage or destruction, by fire, flood, high winds or other accident or natural causes, may be repaired or rebuilt on the same building footprint and to the same dimensions, including height, provided such repair or rebuilding is completed within 12 months of the date of damage or destruction. The total square footage of such rebuilt structure shall not exceed the total square footage of the building that was damaged or destroyed.
C.
Unsafe buildings or structures. Any lawful building or structure or portion of that building or structure rendered nonconforming by the enactment of this code or by reason of any subsequent amendment to this code, and which is declared unsafe by the Village, may be restored or otherwise made to be in a safe condition, provided:
(1)
That it is otherwise lawful to put such building or structure into a safe condition and required permits are issued;
(2)
The building or structure will not become any more nonconforming by expansion or change to another nonconforming use, as a result of the measures taken to make it safe; and
(3)
The building or structure is made safe and suitable for occupancy as reflected by a municipal approval or inspection within 12 months of being declared unsafe.
D.
Expansion; enlargement. No building or structure, or any use thereof, rendered nonconforming by the enactment of this code or by reason of any subsequent amendment to this code may be expanded or enlarged.
E.
Structural alterations. Except as provided for in Subsections B and C above, a nonconforming building or structure which is used for or occupied by a nonconforming use shall not be structurally altered to an extent exceeding, in total, the replacement value of the building or structure, unless the use of the building is changed to a conforming use.
F.
Abandonment. From enactment of this section, an inactive nonconforming land use has 12 months to resume. After enactment of this code, any consecutive twelve-month period without reactivation will result in the nonconforming land use being permanently classified as nonpermissible.
§ 248-233 Prohibited uses.
[Amended 12-2-1999 by L.L. No. 3-1999]
No trade, industry or purpose shall be permitted which, in the judgment of the Superintendent of Buildings, subject to review by the Board of Appeals, as provided in Article XXXVI, § 248-326J, is likely to be so conducted as to create corrosive or toxic fumes, gas, smoke or odors, obnoxious dust, vapor or wastes or offensive noise or vibration so as to be detrimental to the public health, safety or general welfare.
§ 248-234 Corner lot restrictions.
On any corner lot, no wall, fence or other structure shall be erected or altered, and no hedge, shrub or other growth shall be maintained which may cause danger to traffic on a street by obscuring the view.
§ 248-235 Exceptions.
[Amended 7-30-1985 by L.L. No. 5-1985; 12-5-2019 by L.L. No. 7-2019]
Except for development within the Maple Union TOD District pursuant to Article XXXIX of this chapter, where the approval of the Board of Trustees is required, the following exceptions shall apply:
A.
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, as provided in Article XXXVI, § 248-326A and B, 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 compensating area shall be added to one or the other required open spaces, and provided that in no case, in a residence or apartment district, shall any part of any structure be within less than five feet of any street, lot or line.
B.
As part of the site development plan approval under Article XXVIII, or special use permit approval under Article XXIX of this chapter, where the reviewing authority determines that the provisions of one or more required yards would be prohibitive due to the size, shape or frontage characteristics of the subject lot, the reviewing authority may reduce the yard or yards required, but not exceeding 50% of the required yard dimensions, except with regard to yards adjoining residentially zoned properties.
§ 248-236 Accessory building exceptions.
Accessory buildings shall be distant not less than three feet from any lot line or at least 10 feet distant where any part of such accessory building is used for residence purpose, except that a private garage may be built across a common lot line by mutual agreement between adjoining property owners. If an accessory building is over 11/2 stories high, it shall be a distance of at least 15 feet from all lot lines and it shall in no case be over 21/2 stories or 30 feet in height.
§ 248-237 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 the last above section.
§ 248-238 Buildings in minimum yards; exceptions.
[Amended 12-6-1951]
A.
No building or part of a building shall be erected in or shall project into a minimum rear yard, front yard or side yard, with the following exceptions:
(1)
Cornices, eaves, gutters or chimneys projecting not more than 18 inches.
(2)
One-story bay windows projecting not more than 21/2 feet and of a width not exceeding eight 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)
Open balconies, steps and terraces projecting not more than five feet. In no case shall open balconies, steps and terraces project closer than five feet from a property line.
[Amended 8-17-2000 by L.L. No. 8-2000]
(4)
One-story enclosed vestibule or open portico not greater than eight feet in width and five feet in depth extending into the minimum front yard. Said vestibule or portico shall be of permanent construction in conformity with the design of the house.
[Amended 2-5-2009 by L.L. No. 3-2009]
B.
All of the above exceptions are subject to building area restrictions as provided for elsewhere in this chapter.
§ 248-239 Courts.
[Amended 12-5-2019 by L.L. No. 7-2019]
Except for development within the Maple Union TOD District pursuant to Article XXXIX of this chapter, where the approval of the Board of Trustees is required, courts shall be governed by the following restrictions:
A.
The width of an inner court shall not be less than eight feet, but in no event shall it be less than four inches for each foot of the building height. For an inner court not on the lot line, the least dimension shall not be less than 16 feet.
B.
The width of an outer court shall not be less than eight feet, but in no event shall it be less than four inches for each foot of building height. If the depth of an outer court shall exceed four times its width, the width shall be increased one foot for each four feet of depth.
C.
The same restrictions as in the foregoing subsections shall apply to courts in business and industrial districts only, to floors used for residential purposes.
§ 248-240 Setbacks.
[Amended 12-5-2019 by L.L. No. 7-2019]
Except as otherwise provided in §§ 248-126.1, 248-136.1, 248-152.1, and Article XXXIX of this chapter:
A.
No regulation or requirement hereof shall be deemed to require the setback of any building beyond the average 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.
B.
The average setback line observed by buildings on the same side of the street within 200 feet on each side of the lot in question shall control in lieu of the average setback line within the block where the block affected has a length of more than 1,000 feet between its intersecting streets.[1]
[1]
Editor's Note: Former § 50-178, Building extensions, as amended 2-25-1965, which immediately followed this section, was repealed 5-16-1991 by L.L. No. 2-1991.
§ 248-241 Front yard depths.
The depths of all front yards will be reckoned from existing street lines, or where the street has been widened or is proposed to be widened and this new width has been duly authorized and recorded on a duly filed map, the depth of front yards shall be reckoned from the new street lines.
§ 248-242 Street width restrictions.
Where business streets are less than 50 feet in width, buildings shall be set not nearer to the street than 25 feet from the center line of the street.
§ 248-243 Building area.
In no event shall the building area in any district be exceeded by reason of the deduction of yard areas required leaving a greater percentage of lot area, nor shall the yard areas in any district be decreased by reason of the permitted building area.
§ 248-244 Required elevators.
No building which is arranged, intended or designed to be used for multifamily residential purposes shall be erected to a height in excess of four stories unless it provides for the maintenance of adequate elevator service.
§ 248-245 Sewerage requirements.
No apartment shall be permitted in any district or classification herein described not provided with suitable and efficient municipal sewage disposal facilities, unless an independent sewage disposal plant having the approval of the Superintendent of Buildings is constructed for the sanitary disposal of the sewage of such buildings.
§ 248-246 Windows.
Every habitable room in every residence building hereafter erected shall have one or more windows opening directly to the outside air. The window area shall be not less than 1/10 of the floor area of the room served thereby. The window area shall be considered the sash area.
§ 248-247 Garages.
[Amended 12-5-2019 by L.L. No. 7-2019]
Except for development within the Maple Union TOD District pursuant to Article XXXIX of this chapter, where the approval of the Board of Trustees is required, the following requirements shall apply:
A.
Storage places for motor vehicles will be permitted on the same lot with apartment houses at the rate of one car for each family, for families who are permanent residents in such buildings, subject to the provisions of Article VII, § 248-47C, but no facilities for other than minor repairs will be permitted therein.
B.
No public garage shall be located less than 40 feet from any residence district on either side thereof, and the vehicular entrance door thereto shall be set back a distance of at least 15 feet from the street line, and an open, unoccupied space shall be maintained between said door and the street line. The height of such open, unoccupied space shall be not less than 12 feet and the other dimensions shall be such that the center of said vehicular entrance door is visible from any point on the street line within a distance of 12 feet each side of the center line of said door.
§ 248-248 Gasoline service stations.
[Added 12-28-1950; 2-17-1955; 2-16-1967; 12-5-2019 by L.L. No. 7-2019]
A.
A gasoline service station shall not be permitted in the Incorporated Village of Westbury in Residence A, Residence B, Residence C, Apartment AA, Maple Union TOD District and Apartment A Zones.
B.
The Board of Trustees shall have the power to grant a petition for permission to use property located in a Business B for a gasoline service station, after the petitioner has filed duly acknowledged consents to such use, of 75% in number of the owners and mortgagees of all property within 200 feet of any portion of the petitioner's plot.
C.
The petitioner shall affix to his petition a map prepared by a licensed surveyor, showing all property owners within 200 feet of any portion of the petitioner's plot, together with a certified last owner's and mortgagee's search, of all property located within 200 feet of any portion of the plot.
§ 248-249 Prohibited locations.
The erection or enlargement of a garage for more than five motor vehicles, or motor-vehicle station, or gas filling station, or parking space for the parking, storage or sale of automobiles, or the conversion of any premises not so used, to be used for such purposes, if otherwise allowed, shall not be permitted if any part of the lot or plot in question is situated within a distance of 200 feet measured along the same street from the hereinafter enumerated buildings, or if any part of the lot or plot in question is situated within a distance of 200 feet in a direct line from the nearest point of any of the following buildings:
A.
A public school.
B.
A duly organized school, other than a public school, conducted for children under 16 years of age and giving regular instruction at least five days a week for at least eight months a year.
C.
A hospital maintained as a charitable institution.
D.
A church.
E.
A theater containing at least 300 seats.
F.
A public library.
§ 248-250 Swimming pools.
[Amended 7-10-1958]
A building or a structure may be built, altered or used and a plot or parcel of land may be used for a swimming pool subject to the provisions of the Building Code[1] and the provisions of Article IV, § 248-8, in Residence A Districts; Article V, § 248-22, in Residence B Districts; Article VI, § 248-36, in Residence C Districts; Article VII, § 248-53, in Apartment AA Districts; Article VIII, § 248-70, in Apartment A Districts.
§ 248-251 Solar energy installations.
[Added 1-8-1976 by L.L. No. 2-1976]
Notwithstanding any other applicable provision heretofore or hereafter found in this Zoning Chapter, no solar energy installation shall be installed, placed or maintained in any front or side yard area, as defined in this chapter.
§ 248-251.1 Site topography. [1]
[Added 10-9-2003 by L.L. No. 7-2003]
The topography of any site shall not be changed without the prior approval of the Planning Board.
[1]
Editor's Note: Former § 248-251.1, Extended-hour uses, added 11-2-2000 by L.L. No. 10-2000, was repealed 2-13-2003 by L.L. No. 4-2003.