§ 216-111.2. Places of worship., Article XII. Special Exceptions Subject to Approval of the Board of Trustees, Chapter 216. Zoning, Part II. General Legislation, Code of Ordinances, Old Westbury

Places of worship shall be permitted only on sites which have at least 200 feet of frontage on Store Hill Road, Jericho Turnpike, Hillside Avenue or Glen Cove Road. All vehicular access shall be limited to these multiple-lane streets, unless the Village Board of Trustees determines that other access would further the public health, safety and welfare.

The minimum required lot area shall be 12 acres. Notwithstanding the foregoing, the minimum required lot area for any place of worship whose building volume, including all accessory buildings, exceeds 261,360 cubic feet shall be increased by 2.5 square feet for each one cubic foot in excess of such amount.

Each lot proposed for use as a place of worship shall be of sufficient width and depth so as to be capable of containing entirely within its boundaries a horizontal circle with a diameter of at least 400 feet, within which circle all buildings shall be located.

The minimum required front yard shall be 200 feet. The minimum required side and rear yard shall be 125 feet. All minimum required yard setbacks shall be maintained as a landscaped area and/or landscaped buffer, except for approved pedestrian, equestrian and vehicular accessways, and shall be planted and maintained in accordance with the site plan approved by the Board of Trustees in connection with the issuance of the special exception use permit.

The Board of Trustees may vary the front, side and rear yard setback requirements for the purpose of providing additional buffering or landscaping along neighboring residential properties or public streets, and correspondingly reducing it along other property boundaries, provided that the total amount of the front and rear setback and of the two side setbacks is not less than that which would otherwise be required.

The height of any building shall not exceed 25 feet.

The combined coverage of all buildings, including accessory buildings, shall not exceed 4% of the first 12 acres of site lot area and 3% of any lot area in excess thereof.

The combined coverage of all buildings, structures and paved surfaces shall not exceed 20% of the first 12 acres of lot area and 15% of any lot area in excess thereof.

The maximum portion of any such lot which shall be permitted to be sprinkled with an automatic sprinkling system of any type shall not exceed 20% of the first 12 acres of lot area and 10% of any lot area in excess thereof.

A minimum of 35% of the first 12 acres of lot area and 50% of any lot area in excess thereof shall remain in a natural, undeveloped state, in which area only ordinary maintenance activities shall be permitted.

Restrictions on fences shall be the same as those set forth in § 216-13, Subsections E and F, of Article IV of this chapter.

Article XI of this chapter shall not apply to any applicant seeking a special exception for the establishment of a place of worship.

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:

(1)

To ensure the conformity of all improvements on the property with any plans approved by the Board of Trustees.

(2)

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.

(3)

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 regulations applicable to uses, plot plans and structures in a B, BB or B-4 Residence District shall apply to the extent that such regulations do not conflict with the regulations set forth in this section. The terms and regulations set forth in this section shall govern when a conflict exists with any of the regulations applicable to the underlying zoning district.

A minimum of not less than one off-street parking space shall be provided for each two seats or pew spaces. In the event that seats or pews are not provided, a minimum of one parking space shall be provided for each two persons in accordance with the maximum permitted occupancy of the premises.

Application. Every application to the Board of Trustees made pursuant to this subsection shall contain and conform to the following regulations:

(1)

The person, firm or corporation for whom the use is intended shall be the applicant.

(2)

The application shall be in writing and verified.

(3)

The name and address and acknowledged consent of the owner, if different from the applicant.

(4)

If a firm or corporation, the full name and residence of each member of the firm or that of the principal officers of the corporation, as the case may be.

(5)

Land and Tax Map description and the area of the subject lot or premises and of all other properties of the applicant in the Village.

(6)

Description of existing structures and uses.

(7)

Distance from public water supply, electricity, public roads, sewers and public transportation.

(8)

Statement of proposed use.

(9)

Period of time for which the permit is requested.

(10)

Accompanying said verified application, which shall be construed as constituting a part thereof, there shall be submitted:

(a)

A site plan showing the location and uses of existing buildings, structures, facilities and open spaces on the lot or premises, including but not limiting the foregoing, parking areas, driveways, walks, sports and recreational areas, exterior lighting, signage, means of water supply, buildings and structures on adjoining premises within 300 feet of the subject premises, and streets and highways and the width thereof abutting the subject lot or premises.

(b)

A site plan showing all existing buildings and facilities to be retained and all proposed buildings, structures, facilities, open spaces and their uses on the lot or premises, including but not limiting the foregoing, parking areas, driveways, walks, sports and recreational areas, exterior lighting, signage and landscaping. All dimensions and distances shall be set forth on the plan.

(c)

A statement setting forth all present and proposed future uses of buildings, structures and facilities, including the maximum occupancy requested.

(11)

Bond. If all site improvements have not been completed prior to the application for a certificate of occupancy, a performance bond for not more than one year may be accepted by the Village Clerk in an amount estimated by the Village Engineer as necessary to complete the improvements, which bond shall be a surety company bond in such form as shall be approved by the Village Attorney. On the acceptance and filing of such bond, the Building Official shall be authorized to issue the certificate of occupancy.

Use restriction. No building, structure or facility shall be erected, altered or used, other than as shown on the site plan approved by the Board of Trustees in connection with the granting of the special exception, except on application to and approval by the Board of Trustees to amend said site plan and special exception. Any amendment of said site plan or special exception shall be acted upon by the Board of Trustees in the same manner and subject to the same procedure as an original application for a permit under this subsection.