Village of Muttontown, NY Article V Economic Development District

§ 190-15 Purpose.

The inclusion of the Economic Development District as part of the comprehensive plan of use embodied in this chapter is in accord with the following development policy of the Village of Muttontown:

A. Taking into account:

(1) The consideration of property values in the Village;

(2) The conservation of existing and potential property values in the Village;

(3) The physical characteristics of the terrain of the Village for various uses; and

(4) The physical situation of the Village and the functional relationships of the uses of land therein to the existing and prospective development of the adjoining areas of Nassau County;

B. It is determined that:

(1) The most appropriate predominant use of land throughout the Village consists of low-density one-family residential development, carefully regulated as to quality;

(2) All other uses in the Village shall be related to such residential use, either:

(a) In a community sense, such as schools and other community institutions; or

(b) In an economic sense, by reason of contributing to a tax base for the Village that will make possible the adequate provision of the public facilities and services that are necessary for sound residential development; and

(3) All such nonresidential uses shall be limited in location, size and character to the extent that they will perform their respective functions in a manner that will not detract from the aforesaid character of the Village or hinder further development of like nature and quality.

C. The Economic Development District is intended to provide a means for the establishment of the types of uses outlined in the preceding Subsection B(2)(b) in a manner in keeping with best modern practice as to group design of the buildings in which such uses are conducted, provision of adequate off-street parking and loading space for motor vehicles and safe and convenient traffic access and pedestrian circulation and provision for adequate landscaping, setbacks, control of lighting and other aspects to achieve and maintain harmony with the character of neighboring residential areas.

§ 190-16 Permitted principal uses.

[Amended 1-20-2000 by L.L. No. 1-2000; 10-10-2006 by L.L. No. 2-2006]]

A. Permitted principal uses are as follows:

(1) Nonresidential uses permitted in a residence district, including wireless telecommunication services facilities, shall be permitted as a principal or accessory use, subject to special permit approval by the Board of Trustees pursuant to the special requirements of Article VIII and Article XI.

(2) Other nonresidential uses conducted entirely within fully enclosed buildings and using electric power solely and the nature of which is such that:

(a) They will not cause or result in:

[1] Dissemination of dust, smoke, gas, fumes, odor or other atmospheric pollutant, noise, light, heat, glare, vibration or radiation or electromagnetic or other interference with radio or television reception beyond the boundaries of the zoning district in which it is located;

[2] Physical hazard due to fire, explosion, radiation or any similar cause;

[3] Harmful discharge of waste material; or

[4] Unusual traffic hazards or congestion due to type or amounts of vehicles required.

(b) They will be in harmony with the appropriate and orderly development of the district in which they are situated and adjacent districts.

B. The Board of Trustees shall determine that each proposed use meets the standards enumerated in Subsection A(2) above. The Board may require such evidence as it deems necessary to determine whether or not the proposed use will reasonably conform to the performance standards set forth above, and, in connection therewith, the Board may obtain expert advise at the expense of the applicant and upon payment in advance of consideration of the application. Where appropriate, the Board of Trustees may require the installation, maintenance and operation by the applicant, at the applicant's expense, of continuous recording instruments to measure the flow of traffic or to demonstrate the operation or effect of operation of any machines or devices used to control or lessen noise, glare, air pollution, water pollution, fire hazards or safety hazards.

C. The following uses shall be considered as types meeting the standards enumerated in Subsection A(2) above but shall be subject to review by the Board of Trustees to ensure compliance with the standards:

(1) Offices for executive, administrative or professional purposes.

(2) Laboratories for scientific research.

(3) Telephone exchanges and similar public utility service facilities housed entirely within a building.

(4) Assembly, fabrication and finishing of articles of small size and high value, such as precision instruments, cameras, watches, electronic instruments and the like.

§ 190-17 Permitted accessory uses.

Permitted accessory uses are as follows:

A. Parking and loading spaces for motor vehicles.

B. Signs, as follows, relating to the occupant or occupants of the premises and the nature of the establishment but containing no advertising:

(1) One sign giving the name of the industrial park as a whole and having an area of not more than 50 square feet and a height of not more than 15 feet may be located at each street entrance to the industrial park but not nearer than 200 feet to the boundary of a residential district.

(2) One sign on each individual building giving the name of the occupant or occupants and the nature of the establishment and having an area of not more than 25 feet square and a maximum dimension of not more than 10 feet. The top of such sign shall not be more than 10 feet above ground level unless placed on the face of the building, in which case it shall not project above the roof of the building.

(3) Necessary small directional signs not over five square feet in area.

(4) Signs may be illuminated but shall not be of the flashing type nor have any light sources visible from any point beyond the lot on which the sign is located. Signs which are visible from the street shall be constructed of long-lasting, noncorrosive materials, such as masonry, brick, tile or vitreous enameled or coated metal not requiring painting or maintenance of brilliance and not ordinarily affected by the weather.

C. Any other use normally accessory to a permitted principal use, subject to the same limitations as such principal use.

§ 190-18 Area and dimensions of lot and yards.

A. Minimum lot area: three acres. In the case of a group development consisting of more than one building with access and open space appurtenant to the group, as set forth on the building and site plans therefor and approved in accordance with the provisions of this article, the land occupied by the development shall have an aggregate area of not less than three acres times each building comprised within the group.

B. Minimum width of lot: 250 feet.

C. Minimum depth of lot: 250 feet.

D. Minimum depth of front yard: 75 feet.

E. Minimum side yard: thirty-foot setback, except where a lot abuts a street, in which case it shall be the same as the front yard depth, and except where the lot abuts a residence district, in which case it shall be at least 200 feet.

F. Minimum rear yard: 50 feet, except where the lot abuts a residence district, in which case the yard shall be at least 200 feet.

G. Reduction in required yards. Where a yard adjoining a residence district is not developed or used for parking or other business purposes and has no access to the building from such yard, the required yard may be reduced to 100 feet.

H. Group developments. In the case of a group development, the Planning Board may, at its discretion, reduce the minimum lot width, lot depth or front yard requirements to the extent necessary to obtain a more advantageous grouping of structures.

§ 190-19 Building height and coverage.

A. Maximum building height shall be two stories or 30 feet, vertical distance to be measured from finished exterior grade to topmost point of structure at any point on the perimeter of the structure. Flagpoles and radio and other electronic antennas and apparatus, the operation of which is a function of use and occupancy, may be exempt from height limitations. This shall not be construed to permit the construction and use of radio and television transmitters.

B. The buildings on any lot shall not cover more than 25% of the lot. Areas covered by buildings shall include all projections, such as exterior vestibules and also the plan dimensions of such canopies and fixed awnings as may project above grade.

§ 190-20 Parking space, loading space and traffic access.

A. Parking space shall be provided in an amount adequate to accommodate all company, employee and visitor parking, with at least one car space for whichever of the following is the greater: each person employed on the lot or each 250 square feet of total floor area. None of this parking space shall be in the front yard area. Where such parking abuts a residence district, no parking shall be nearer to the lot line than 50 feet, which fifty-foot depth shall be maintained as a buffer strip as required by § 190-21 below. In other rear yard and side yard areas, parking space shall not be closer than 15 feet to said rear or side lot line, which fifteen-foot space shall be devoted to landscaping. There shall be no parking or storage of trucks in any parking area in a yard adjoining a residence district.

B. One off-street loading space no smaller than 15 feet wide, 30 feet long and (if covered) 15 feet high shall be provided for the first 10,000 square feet of business floor area and one additional space for each additional 20,000 square feet of business floor area.

C. Traffic access shall be from a public street of adequate capacity and design to handle the expected traffic from the business use safely and conveniently. There shall be no traffic access to any use established in the residence district neighborhoods.

[Amended 9-11-2000 by L.L. No. 3-2000]

§ 190-21 Buffer areas.

A. Where a lot abuts or is across a street from a residence district, a fifty-foot buffer area shall be planted and permanently maintained with evergreen landscaping of a type, height and spacing approved by the Planning Board as adequate to suitably screen such use from the adjoining residential area or areas throughout the year. Within these buffer areas, existing tree growth shall be preserved, except for removal of dead or diseased trees.

B. All parking areas located between the residence district boundary and the building shall be similarly screened with landscaping.

C. In order to assist in screening parking areas from neighboring residential areas where such parking is located between a building and the residence district boundary, there shall be a planting of trees throughout such parking area according to a plan approved by the Planning Board.

D. The remaining area of the lot or plot not occupied by buildings or loading and unloading areas, parking areas, vehicular access, sidewalks and landscape screening shall be well maintained, and any areas disturbed from their natural condition and which are not used for structures, paved parking areas or streets shall be planted with grass.

E. A chain link fence at least six feet in height shall be installed and maintained along all lot lines adjoining a residence district.

§ 190-22 Lighting.

Necessary lighting of business and parking areas shall be permitted, but lights shall be of such a type and so located that their light source is not visible beyond the boundaries of the lot on which they are located. Hours of lighting may be limited in the approval of plans under § 190-24 below.

§ 190-23 Drainage and sewerage.

The disposition of stormwater and sanitary sewage shall be in complete accordance with pertinent regulations of the County Department of Public Works, and the disposition of sanitary seepage shall be made through sanitary sewers in complete accordance with requirements and regulations of the State and County Departments of Health.

§ 190-24 Development plan.

A. No building shall be erected, altered or used and no lot or premises shall be used except in conformity with a development plan approved by the Planning Board as complying with the performance standards set forth above or in conformity with a similarly approved revision of such plan.

B. An application for approval of a development plan or for the modification of an approved development plan shall be made, in writing, to the Village Planning Board by the owner of the property involved and shall be accompanied by three copies of the proposed plan which shall be accurate and in sufficient detail to establish all matters pertinent to and covered by this section.

C. The development plan, or amendment thereof, shall be approved or disapproved by the Planning Board within 45 days of the filing thereof, or the filing of an amendment thereof, with the Planning Board by delivering the same to the Village Clerk.

D. In acting on any such development plan, the Planning Board shall determine that the requirements of this article are met and shall also take into consideration the safety and convenience of vehicular and pedestrian traffic, the establishment of a harmonious relationship among the buildings and uses on the site and the business development and the adjoining residential area.

E. Action on a submitted development plan shall be by resolution of the Planning Board, written notice of which shall be given to the applicant, the Building Inspector, the Village Clerk and members of the Village Board. In the event of disapproval of such a plan, the resolution shall state the reason or reasons for such disapproval. In the event of the approval of such a plan, the Planning Board shall deliver to the Building Inspector photostatic copies (or precise duplication otherwise prepared) of all related general building plans and the detailed site plan as approved.

F. With and upon the filing of an application relating to contemplated new construction on a previously undeveloped lot, there shall be paid to the Village a filing fee as provided in § 67-5 of Chapter 67, Fees and Deposits. The filing fee is related solely to the consideration of the application by the Planning Board and shall have no effect whatsoever on such building permit fee as must later accompany an application for a building permit.

[Amended 9-11-2000 by L.L. No. 3-2000]

§ 190-25 Obnoxious or offensive uses.

Without regard to the generality of this article as limited by the particularization of the foregoing specified uses and purposes, no building or premises shall be used for any purpose which is or may reasonably be expected to be obnoxious or offensive by the reason of causing or emitting odor, smoke, vapor, gas, dust, garbage, refuse matter, noise or vibrations or that is dangerous or harmful to the health, peace, comfort or safety of the community, that tends to disturb or annoy residents of the Village or that involves any explosive menace or any serious fire hazard.

§ 190-26 Supervision of construction.

A. No permit will be issued for the construction of a building which is to have a total floor area in excess of 10,000 square feet until an affidavit is filed with the Building Department certifying that the construction of such building will be supervised by a professional engineer or an architect licensed or registered in the State of New York. The affidavit is to be signed, sworn to and acknowledged by the engineer or architect who will supervise the construction and is to have his professional seal affixed. In the event such engineer or architect shall, for any reason, discontinue his supervision of the construction of the building at any time prior to its completion, he shall immediately notify the Building Department of such fact and thereupon the building permit issued for such construction shall be suspended and no further work shall be done thereunder until another such affidavit shall be filed with the Building Department certifying that supervision of the construction has been resumed by another or the same engineer or architect.

B. No certificate of occupancy will be issued for such building until a final certificate is filed with the Building Department by the engineer or architect who supervised the construction that the building was, to the best of his knowledge, in fact erected in conformity with the plans filed with the Building Department.