§ 216-108. Enumeration of powers and duties., Article XI. Board of Appeals, Chapter 216. Zoning, Part II. General Legislation, Code of Ordinances, Old Westbury

In addition to its powers and duties provided in the laws of the State of New York, the Board of Appeals shall have the powers to the extent hereinafter set forth after public notice and hearing and subject to appropriate conditions and safeguards to determine and vary the applications of the regulations herein established in harmony with the purposes enumerated in the Village Law and the general purpose and intent of these regulations as follows:

(1)

When a district boundary line divides a lot held in a single or separate ownership at the time of the adoption of this chapter, and the major portion of said lot is in the less restricted district, permit, under such circumstances as will safeguard the character of the more restricted district, a use authorized on either portion of the lot to extend to the entire lot, but not more than 25 feet beyond the boundary line of the district in which such use is authorized.

(2)

Permit the extension of a nonconforming use or building upon the lot occupied by such use or building at the time of the adoption of this chapter, provided that the extension to any nonconforming building does not increase the degree of nonconformity.

(3)

In undeveloped sections of the Village, authorize the issuance of temporary and conditional permits to contractors or builders under such conditions as the Board of Appeals shall prescribe for not more than one year for structures, signs and uses in contravention of the use of regulations controlling residence districts, including signs, temporary offices and structures on a plot or tract in course of development, provided that such uses are important to the development of such undeveloped plot or tract and, also, provided that such uses are not prejudicial to the adjoining and neighboring plots or tracts already developed. Such structures and signs shall in any event be removed, and such uses shall be discontinued within 30 days after completion of the work on the plot or tract. In authorizing a permit for any such structure, sign or use, said Board of Appeals shall fix the location and size thereof and shall limit the purpose and period of time for which the same shall be erected or continued.

(4)

Authorize the issuance of a permit wherever it is provided in this chapter that the authorization of such permit by the Board of Appeals is required.

(5)

Permit a proposed building to encroach on the front yard setback requirement, in case where the proposed building will adjoin, on either or both sides, a building which does not conform to the minimum setback line. Such encroachment shall not extend into the front yard more than the building that has the greatest encroachment on such front yard setback.

(6)

Permit a modification of the provisions of §§ 216-16 and 216-28 as follows:

(a)

Nonconforming buildings and now existing accessory buildings, the use of which is converted to a main dwelling, may modify the minimum usable floor area to not less than 1,000 square feet.

(b)

New dwellings, where error in size is caused by inadvertence (unintentional mistake) and cannot be remedied, except at considerable expense, may modify the minimum usable floor area to not less than 1,950 square feet in BB Residence Districts and to not less than 1,750 square feet in B Residence Districts.

(7)

Permit in B-4, BB and B Residence Districts the modification of front, rear and side yard restrictions with respect to any building in existence at the time of the enactment of this amendment to the chapter.

[Amended 11-27-1987 by L.L. No. 13-1987; 12-21-1987 by L.L. No. 14-1987]

(8)

Permit in B-4, BB and B Residence Districts the encroachment of buildings and structures into the front, rear and side yards as follows:

[Amended 11-27-1987 by L.L. No. 13-1987; 12-21-1987 by L.L. No. 14-1987]

(a)

Existing accessory buildings, the use of which is converted into a main dwelling.

(b)

Fences, swimming pools, outdoor fireplaces, trellises, pergolas, tennis courts, flagpoles, walls, gates and gateposts.

(c)

A main dwelling or accessory building which by inadvertence (unintentional mistake) is found when erected to be in violation of a front, rear or side yard requirement, provided that such violation or encroachment does not exceed five feet.

(9)

Permit a modification of the minimum lot street frontage requirement in any district as follows:

(a)

In the case where the lot has a frontage on either a public street or a street laid out on the Official Map of the Village, provided that no rights-of-way of ingress or egress encumber said lot frontage.

(b)

Where the street line of the lot is on a curve, in which case the Board of Appeals may require a greater front yard depth than the minimum provided in this chapter as one of the conditions of the permit.

(10)

Permit a modification of the regulations herein established in the case of irregular lots or lots of less than the required area in any district, which so existed at the effective date of this chapter, provided, in the case of lots less than the required area, that the lot was in a single and separate ownership from that of any adjoining land at the time of the effective date of this chapter and, further, provided that any such lot did not come into a common ownership with adjoining land any time thereafter.

(11)

Permit the modification of the regulations herein established, in case of exceptional topography.

(12)

Permit the modification of side and rear yard restrictions in A Residence Districts.

(13)

Permit the modification of height regulations in any district to permit church spires, belfries, towers designed exclusively for ornamental purposes, flagstaffs, chimneys, flues and parapet walls extending not more than three feet above the height permitted by the regulation.

(14)

Permit a public utility building or structure in any district, provided that the particular use in the particular location is necessary and convenient for the efficient operation of the public utility system of which the particular use is a part or for the satisfactory and convenient provision of service by the utility to the neighborhood in which the particular use is located, subject to such safeguards as the Board of Appeals shall deem necessary or desirable to preserve the character of the neighborhood.

(15)

(Reserved)

Editor's Note: Former Subsection A(15), regarding the Board's authority to permit places of worship and not-for-profit schools, was repealed 3-19-2001 by L.L. No. 4-2001. See now §§ 216-111.2 and 216-111.3.

(16)

Permit a modification of these regulations as to the height of fences and outdoor fireplaces and accessory buildings not extending more than five feet above the height permitted by these regulations.

(17)

Permit a modification as to the location of wells.

(18)

Permit a modification of the lot area requirement to include, in the lot area, area lying within or on the opposite side of a right-of-way running through or along any side or part of such lot and areas where the width of the lot is less than the specified distance. (See Article II, § 216-4, definition of Lot Area; Residence District.)