[Added 8-7-1986 by L.L. No. 2-1986]
It is the purpose of this article to provide
the opportunity for the location of professional offices in transitional
areas between business development and residential development, primarily
major roads, and in areas which are not necessarily appropriate for
standard commercial or industrial activity.
A.
Permitted uses.
(1)
A building may be erected, altered or used and a lot
or premises may be used for any of the following purposes and for
no other:
(2)
In no event shall there be a mixed professional and
residential use.
B.
No special permits will be issued and no property
shall be zoned a Professional District unless the property is either
nonconforming business or nonconforming industrial or abuts business,
marine business or industrially zoned property. For the purposes of
this section, properties that are across the street from business
or industrially zoned property shall be eligible for rezoning to a
Professional District.
A.
The architecture of any structure constructed or altered
for use in a Professional District shall be conservative and dignified
and in keeping with the use and the character of the neighborhood.
In a Professional Zone, structures shall be of a residential character
and nature, unless otherwise specified by the Village Board.
B.
There shall be no exterior display (or interior display visible from the exterior) of merchandise or advertising, no exterior storage of materials or equipment and no other exterior indication of the use, except for one sign, which shall be in conformance with the professional sign requirements of Chapter 151, Signs, of this Code.
C.
Upon application for a special permit for professional
offices, there shall be submitted an artist's rendering of the front,
rear and side elevations, together with a survey and plot plan showing
the location of the premises and all off-street parking to be provided.
The applicant shall further supply a landscape plan. The applicant
shall supply a radius map showing the name and address of all owners
within 500 feet of the subject premises, the zoning within that radius
and the actual uses within that radius.
No building or structure shall exceed 24 feet
in height.
Lot area shall be not less than 10,000 square
feet, and lot width, along the fronting street, shall be no less than
100 feet. The sum of all areas of all buildings, including accessory
buildings, shall not exceed 40% of the area of the lot.
A.
Front yard. The required front yard depth shall be
the same as the average front yard depth of the existing buildings
within 200 feet on each side of the lot and within the same block
or if there are no existing buildings on the same side of the street,
the average front yard depth of existing buildings within 200 feet
on each side directly opposite the lot, but no front yard shall be
required to have a greater depth than 30 feet. The foregoing provision
shall not affect the required front yard between the proposed building
and the side street in case of a corner lot.
B.
Where a building is not controlled by § 193-56A above, there will be a front yard, the depth of which shall be at least 20 feet back from the street line. In the case of a corner lot, a front yard shall be required on each street on which the lot abuts.
C.
Side yards. There shall be two side yards, one on
each side of the main building, the aggregate of which shall be at
least 12 feet. Neither side yard shall be less than five feet wide.
A.
In a Professional District, a fence, as defined in
this chapter, not exceeding six feet in height, may be erected on
the rear lot line and such portion of the side lot lines as shall
be lot lines enclosing the required rear yard, and, with respect to
all other lot lines, any such fence shall not exceed four feet in
height, provided that, if such fence shall be erected along any road
or highway, the permitted height thereof shall be measured from the
existing elevation of the center line of such highway opposite such
fence and provided, further, that such height so measured shall not
exceed two and one-half (2 1/2) feet at any point within a radius
of 15 feet of the corner formed by any intersecting roads or highways
unless otherwise permitted by the Board of Appeals. The provisions
hereof shall also apply to hedges and other densely growing shrubbery.
B.
Any fence shall have the smooth or finished side facing
the outside of the property, and all posts, braces or pipes must be
placed on the inside of the fence.
[Added 6-16-1992 by L.L. No. 2-1992]
[Amended 6-16-1992 by L.L. No. 2-1992]
No building or structure of any kind shall hereafter
be erected, enlarged or altered in a Professional District unless
provision is made for off-street parking pursuant to the requirements
of this chapter.
A.
There shall be, in the case of any building, accessory
building or extension to any existing building in this zone, a fifteen-foot
setback along the property line at any place it abuts any residential
zones.
B.
As part of the aforementioned setback, there shall
be constructed along the residentially zoned property a fence and
at least a five-foot-wide shrub buffer.
D.
The aforesaid buffer zone and all trees and shrubs
required to be planted and fences required to be erected therein shall
be maintained regularly by the owner or owners of the properties in
the Professional District. The same shall include, but shall not be
limited to, the replacement of trees and shrubs, of whatever type
is required by the Village Board, which shall die and/or otherwise
become infested, destroyed or decayed; the replacement of fences which
shall fall into disrepair; and the general maintenance of the buffer
zone in a clean, healthful, sanitary and aesthetic condition.
E.
The owner or owners of record of property who shall
be directed by the Village Board or its duly authorized agent to replace
trees or shrubs and/or to repair or replace a fence or fences as provided
in the preceding subsection shall do so within 15 days after the postmarking
of a letter mailed by or on behalf of the Village Board to said owner
or owners of record at the address of record set forth on the current
tax assessment rolls of the Village of Lindenhurst, by certified mail,
return receipt requested, directing compliance with the Village Board's
directive in question. In the event that such order shall not be duly
and timely complied with, the work in question shall be performed
by the Village, and the entire cost thereof, including any attorneys'
fees incurred, shall be assessed by the Village upon the real property
and/or properties in question, and the expenses and fees so assessed
shall constitute a lien and charge upon such real property and/or
properties until paid or otherwise satisfied or discharged and shall
be collected in the same manner and at the same time as other charges,
taxes and assessments of the Village.
A.
Accessory buildings may occupy 25% of the rear yard
up to an average height of 18 feet.
B.
The yard area allowed for such accessory buildings
shall be included in computing the percentage of lot area to be built
upon.
C.
Under no circumstances shall any accessory building
or part thereof in a professional zone be used as a dwelling or place
of human habitation.
A.
In each case where a building, structure or use or
alteration thereof is proposed in this district, except for one-family
dwelling places, the applicant shall submit a site plan of the same
to the Village Administrator Clerk for approval. The Village Administrator
Clerk shall transmit such plan(s) to the persons designated by the
Village Board for a review. The site plan shall be drawn to scale
and shall show all existing and proposed buildings, structures, signs,
driveways, parking spaces, curbs, sidewalks, fences, landscaping,
drainage facilities and floodlights, plus any additional information
the Village Board may determine is necessary to aid their deliberations.
B.
No building permits shall be issued without approval
of the site plan by the Village Board and its designated agent(s).
C.
No alterations or changes shall be made in the subject
building, structure, use or premises without submission and approval
by the Village of a new site plan.
