§ 216-111. Commercial training and boarding of horses., Article XII. Special Exceptions Subject to Approval of the Board of Trustees, Chapter 216. Zoning, Part II. General Legislation, Code of Ordinances, Old Westbury

The commercial boarding and training of horses, including the boarding or training of horses belonging to the property owner which earn money racing, is permitted in a B-4, in a B or in a BB Residential District as a special exception upon application to the Board of Trustees, subject to the following terms and conditions, provided that there are no exemptions from or abatement of real property taxes affecting the property devoted to this use.

This section shall govern the harboring of horses, except those kept by the owner of the principal dwelling as an accessory use, pursuant to Local Law No. 1 of 1975.

Editor's Note: Local Law No. 1-1975 added § 216-12J.

The permitted use may not include any of the following:

(1)

Storage of horse vans for conveying or vanning of horses, except as may be accessory to the principal use.

(2)

Sale or rental of equipment.

(3)

Sale or rental of horses for use by public by the hour, day, month or year.

(4)

Hacking of horses.

(5)

Rides on horses by the public.

(6)

Rides by the public in horse-drawn vehicles.

(7)

Rental of horse vans.

(8)

Riding lessons to public.

The land devoted to this use shall be in single ownership and shall at no time be less than 14 contiguous acres.

One principal single-family dwelling shall be located on the land devoted to this use, and it shall comply in all respects with the requirements of this chapter for a principal dwelling, including land area (i.e., one acre or two acres, as the case may be) in the district in which it is situated, and be occupied by not more than one family. The land area on which the principal single-family dwelling is located shall not be considered as part of the land devoted to this use as set forth in Subsection D of this section, nor shall the land area on which any other single-family dwelling is located be considered as part of the land devoted to this use under Subsection D of this section.

The number of horses that may be boarded and/or trained at such property shall not exceed 25 horses for the first 14 acres of land devoted to this use, plus one horse for each additional 1/2 acre. In no event shall the total number of horses exceed 75 for any contiguous parcel.

The stable and the facilities for the storage of manure shall be located on the land devoted to this use at least 200 feet from each boundary line.

If the land devoted to this use contains an exercise track and/or paddocks, they shall not be construed as "structures" as defined in § 216-4 of this chapter. Existing tracks shall be permitted to remain as nonconforming uses for purposes of this section, provided that said tracks were in use as training or exercise tracks at the time of the effective date of Local Law No. 2 of 1975.

Editor's Note: Local Law No. 2-1975 first added provisions making the commercial boarding and training of horses a special exception use.

Neither fences, the running surfaces of tracks, riding rings, paddocks nor the infield of any exercise track shall be construed as "structures" in determining the area of coverage as required by this section. However, exercise tracks, riding rings and fences shall meet the following requirements:

(1)

Any riding ring or exercise track shall be at least 150 feet from any boundary line.

(2)

Horses shall not be left unattended in any roofless area which is enclosed by a fence less than six feet six inches in height unless the fence is set back at least three feet from the property line. By revocable written instrument, the protection intended by this subsection may be waived by an adjoining owner.

Accessory buildings, such as barns (not housing horses), sheds and the like, may be located on the land devoted to this use, provided that they are set back at least 200 feet from the street line and 100 feet from each side boundary line and they are not used for the storage of manure.

Conditions.

(1)

Structures on the land devoted to this use (not including the principal dwelling) shall not in the aggregate cover more than 5% of the area of the land devoted to this use.

(2)

No structure shall exceed 35 feet in height.

(3)

Suitable and adequate off-street parking, in accordance with the reasonable requirements of the Board of Trustees, shall be provided no closer than 200 feet to any of the property lines.

(4)

Exterior lighting shall be permitted only to the extent necessary to prevent injury to the public and shall be so installed and arranged as to reflect light away from the adjoining streets and prevent any nuisance to adjoining property.

(5)

No exterior loudspeakers shall be installed or used on the premises.

(6)

There shall be no display of advertising on the premises, except that a suitable identification sign may be placed at or near the main entrance when approved by the Board of Trustees.

(7)

All stables shall be equipped with suitable devices for smoke detection, fire detection and alarm. An audible alarm shall be provided which shall emit a continuous sound audible beyond the boundaries of the stables and audible within the main dwelling and in personnel quarters.

[Amended 4-19-1982 by L.L. No. 2-1982; 10-19-1982 by L.L. No. 5-1982]

(8)

No horse vans, farm trucks or other commercial vehicles shall be parked on the premises in such location that such vehicles are visible from ground level from any surrounding residences or public roadways.

(9)

Buffer planting, walls and fences may be required where appropriate to contain the horses, to screen the building or buildings or to protect adjoining property.

(10)

Manure shall be stored and treated in such a manner that it shall not create any odor or attract or harbor any rodents, flies or other pests. Between April 1 and October 31 manure shall be removed from the premises at least weekly.

(11)

The number of stalls and structural facilities for the shelter of horses shall not exceed those reasonably necessary to accommodate the number of horses permitted on the lot.

(12)

Suitable and adequate arrangements shall be made and continued for supervising and caring for the horses.

(13)

The land devoted to the boarding of horses shall be suitable for that purpose.

(14)

All stables and barns shall be equipped with suitable water sprinkler devices which, in the opinion of the Building Inspector of the Village of Old Westbury, adequately provide for the safety of the horses housed therein.

[Added 11-17-1986 by L.L. No. 7-1986 ]

Editor's Note: This local law also included the following Sections II, III and IV: SECTION II "The condition contained in this local law shall apply to all new applications and to permit renewal applications which are filed with the Board of Trustees on or after January 1, 1987. SECTION III "With respect to any commercial training or boarding stable which exists as a nonconforming use, such property shall comply with this local law no later than January 1, 1988. SECTION IV "This local law shall take effect on January 1, 1987."

The Board of Trustees may grant the permit hereunder, provided that the following conditions are met and provided that it affirmatively finds, based upon substantial evidence, that the proposed use of the property or the erection, alteration or maintenance of an existing or a proposed structure:

(1)

Will not depreciate or tend to depreciate the value of other real property in the Village.

(2)

Will not create a hazard to the health, safety, morals or general welfare.

(3)

Will not be detrimental to the neighborhood or to the residents thereof.

(4)

Will not alter the essential character of the neighborhood.

The Board of Trustees, upon granting a permit hereunder, shall impose such additional, reasonable and appropriate conditions and restrictions, including but not limited to modifying (by increasing or decreasing) dimensional requirements, as it may deem necessary to promote and maintain the health, safety, morals and general welfare of the community, and it shall consider the views of the owners of adjoining property. No permit granted hereunder shall be for a period in excess of five years.

The standards set forth herein are not exclusive of other considerations relating to health, safety and general welfare, all of which shall be considered by the Board of Trustees in determining whether to issue the permit.

In authorizing this use, the Board of Trustees may vary any of the requirements set forth herein, provided that it finds that the benefit to the applicant if the variance is granted outweighs the detriment to the health, safety and welfare of the community by the grant of such variance. In the granting of the variance, the Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property.

[Amended 6-22-1981 by L.L. No. 5-1981; 3-21-1994 by L.L. No. 4-1994]

Article XI of this chapter shall not apply to any applicant under this section.

See Chapter 103 for fees and deposits.

[Amended 12-21-1987 by L.L. No. 18-1987; 8-19-2002 by L.L. No. 4-2002]

As a condition to the issuance of any permit hereunder, the Board of Trustees may require the posting of a bond or other security in such form as shall be approved by the Village Attorney and in an amount sufficient for one or more of the following purposes: to ensure the conformity of all improvements on the property with any plans approved by the Board of Trustees; to recompense the Village for the services of any professional help retained in considering the proposed use or any plans or proposals in respect thereto; and to restore the lot to a safe and sightly condition should any construction or improvement thereon either fail to meet the requirements of this chapter or the conditions of the authorization by the Board of Trustees or be terminated before completion.

The maintenance of the structures and hygienic conditions connected with the use here permitted shall be under the continuous supervision of the Village and the Nassau County Department of Public Health to the extent necessary. If conditions are found to exist which are dangerous to the health, safety and welfare of humans or horses or if any of the requirements of this or any other section of this chapter or of any condition attached to the permit issued hereunder are not complied with by the operator of the boarding stable, the permit issued hereunder may be revoked or suspended by the Board of Trustees after public hearing.

To the extent not otherwise authorized by this section or by the terms of the permit issued by the Board of Trustees pursuant to this section, the other provisions of this chapter, applicable to the uses, plot plans and structures in a B or BB Residence District, as the case may be, shall apply.

Every application to the Board of Trustees made pursuant to this subsection shall conform to the regulations set forth in § 216-108A(15)(i) of this chapter and, in addition, shall set forth what facilities will be provided to store hay and feed, to clean up, store and remove manure and to water the horses.

Before scheduling a public hearing on any application under this section, the Board of Trustees shall refer the application to the Planning Board for a report and recommendation, and the Planning Board shall hold a public hearing prior to making its report and recommendation. In addition, the applicant shall give notice, by certified mail, of all public hearings to the owners of property adjoining the subject property.

After a permit has been issued pursuant to this section, the Building Inspector or his designee may enter the property without notice, during reasonable hours, without the necessity for a search warrant, and make periodic inspections of the premises, subject to the permit, to determine and assure continuing compliance with the requirements of this chapter and the permit. By accepting the permit, the owner and operator of the premises automatically consents to inspection as set forth above by any authorized Village representative at any reasonable time.

Upon issuance of a permit and annually thereafter, the permittee shall pay to the Village a fee equal to $50 times the number of stalls authorized by the permit.

The hours of operation, which include the vanning of horses into and from the land as well as the training of horses and all other aspects of the operation other than mere boarding, shall be between 7:00 a.m. and 11:00 p.m.

The final approval of a subdivision or partition of the property devoted to this use shall terminate the permit granted hereunder.