[Added 6-1-1965; amended 7-22-1968; 12-2-1968; 12-15-1969; 2-26-1970]
The Business C District shall be the following
areas in the Village:
A.
That area lying south of the Business A District,
as hereinabove described, west of Lakeville Road, east of University
Place and north of the line consisting of the northerly boundary of
the Business B District extending from the westerly line of Lakeville
Road 154.86 feet westerly along the northerly line of Lot 23, Section
2, Block 106, of the Nassau County Tax Map; running thence southeasterly
60 feet along the westerly line of Lots 23, 24 and 25 to the northerly
line of Lot 60; running thence southwesterly along the northerly line
of Lot 60, 125 feet, more or less, to the point of the intersection
of the Northerly line of Lot 60 with the easterly line of University
Place.
B.
That area located south of Northern Boulevard, east
of Lakeville Road and west of the Village boundary and north of the
Business C Parking District on the north side of Cumberland Avenue,
exclusive of the Business A District at the southeast corner of Northern
Boulevard and Lakeville Road. The district shall include the area
beginning at a point at the westerly boundary on the east side of
Lakeville Road 180 feet north of Cumberland Avenue; running thence
northerly 284 feet to a point on the east side of Lakeville Road 100
feet south of Northern Boulevard; running thence easterly 100 feet;
running thence northerly 100 feet to the south side of Northern Boulevard;
running thence easterly 225 feet to the Village boundary; running
thence southerly 407 feet along the Village boundary line; running
thence westerly 324 feet to Lakeville Road or to the beginning point.
C.
That area south of the Research and Office Hospital
District, as presently constituted, west of Lakeville Road and east
of Queens County -- Nassau County boundary line.
[Added 11-4-1974 by L.L. No. 1-1974]
Only such scientific and/or research laboratory
use, offices for executive and administrative purposes and municipal
building uses shall be permitted in the Business C District as may
be approved by the Village of Lake Success Board of Trustees upon
recommendation of the Planning Board as being in compliance with the
development policy of the Village as set forth below:
A.
The conservation of existing and potential property
values in the Village.
B.
The character of existing development in the Village.
C.
The physical characteristics of the terrain of the
Village and the suitability of the land of the Village for various
uses.
D.
The physical situation of the Village and the functional
relationships of the uses of the land therein to the existing and
prospective development of the intercommunity area consisting of the
Great Neck -- Manhasset areas and adjoining areas in Nassau County,
New York, 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 either:
(a)
Related to such residential use in a community
sense, such as schools, churches and other community institutions;
(b)
Economically related to such residential use
by reason of contributing to a tax base for the Village which will
make possible the adequate provision of the public facilities and
services necessary for sound residential development; or
(c)
Limited to a type which may complement the nonresidential
uses within or in the vicinity of the Village.
(3)
All such nonresidential uses shall be limited in location,
size and character to the extent that they will satisfactorily perform
their respective functions, as aforesaid, in a manner which will not
detract from the predominantly low-density one-family residential
character of the Village or hinder further development of like nature
and quality, which comply with the performance standards and regulations
hereinafter set forth.
All other uses are hereby prohibited in the Business C District, it being the purpose of this Article to exclude from such district all residential uses and all industrial, business and other uses, except those specified in § 105-54 hereof, as being inappropriate and not in harmony with development policy of the Village as tending to create an influx of undesirable traffic, as being in conflict with the purposes of establishing this district and in conflict with the performance standards adopted by the Village.
Vehicular access to or from any plot in the
Business C District shall be limited to Lakeville Road and Northern
Boulevard.
[Amended 12-13-1976 by L.L. No. 6-1976]
Buildings and structures on any plot in the
Business C District shall not cover more than 15% of the area of the
plot. The percentage of coverage of a plot area by buildings and loading
and unloading areas and the percentage of a plot area to be devoted
to landscaping, parking, sidewalks and vehicular access roads and
the open space area between buildings shall, in each case, be determined
by the Planning Board prior to the issuance of any building or use
permit upon due consideration of the nature of the proposed use, the
relationship to neighboring uses and the general aesthetic requirements
of the Village.
All buildings constructed in the Business C
District shall be set back at least 40 feet from any street and at
least 75 feet from abutting property or a street with abutting property
opposite, which property is in a district zoned for residential use,
either within or without the Village. Each side yard and each rear
yard shall be not less than 40 feet in width. There shall be no parking
permitted within the first 40 feet of any setback from Lakeville Road.
A.
The heights of buildings shall be the vertical distance
between any horizontal line through any point on the topmost surface
of the building, including any parapets and apparatus or roof structures
and the like not specifically excepted, and the average curb level
in front of the building or the average finished exterior grade, whichever
is lower. The average finished exterior grade shall be deemed to be
the lowest finished surface elevations within an area circumscribed
by a line parallel to and 15 feet from the face of the building at
grade, except that the elevations of the bottoms of areaways within
10 feet of the face of the building and of driveways providing access
to underbuilding parking not exceeding 25 feet in width shall not
be counted. Such heights shall not exceed 30 feet, and no building
in the Business C District shall contain more than two stories.
[Amended 12-13-1976 by L.L. No. 6-1976]
B.
A "story" is that part of a building between any floor,
including the ground floor and the floor above or, in its absence,
the ceiling or roof above. A "story" in which persons live, sleep,
work or congregate, the ceiling of which is more than three feet above
the average curb level in front of the building or the average finished
exterior grade, whichever is lower, shall be counted as a "story."
A "story" which extends less than three feet above the curb level
or average finished exterior grade shall not be counted in determining
the number of stories.
[Amended 12-13-1976 by L.L. No. 5-1976]
C.
Any story, any portion of the finished ceiling of
which is either below the average curb level in front of the building
or below the average finished exterior grade around the perimeter
of the building, shall be designated as cellar area and may be used
for utility purposes only, such as the location of motors, heating
equipment, cooling equipment and any and all other mechanical devices
necessary for the operation of the building for dead storage of merchandise
inventory, supplies, files, records and the like, for parking of tenants'
automobiles, but may not be used as an area in which persons may live,
sleep, work or congregate, nor may such area be used for restaurant,
commissary, kitchen, recreation or entertainment purposes.
Notwithstanding the provisions of § 105-61, chimneys, pipes, access hatches, radio and other electronic antennas and other equipment, the operation of which is a function of use and occupancy, are excepted from the height limitation, provided that any such equipment is screened as required by the Planning Board, and further provided that the height of same shall not exceed five feet above the overall height limitation or the roof level, whichever is lower, and the setback of any such roof structures shall not be less than 16 feet measured horizontally from the exterior face of any wall of the building.
No building shall be erected, nor shall any building be structurally altered so as to increase the gross floor area, nor shall any building be converted for a more intensive use in the Business C District unless there shall be provided not less than one qualified off-street parking space meeting the requirements of Article XXI hereof for each 150 square feet of floor area, or additional fraction thereof, as floor area is defined in § 105-207 hereof.
In no case shall storage, servicing, dismantling
or repairing of vehicles be permitted in any parking area, nor shall
the area be used for parking of vehicles of persons visiting any other
plot or area within or without the Business C District. All parking
shall also be restricted as follows:
Wherever the boundary of the Business C District
directly abuts property or a street with abutting property opposite
or is within 100 feet of property, which property is in a district
zoned for residential use (either within or without the Village),
then effective evergreen landscape screening at least 15 feet in height
and at least 15 feet in depth shall be provided and permanently maintained
in healthy and luxuriant condition throughout the year, except along
Lakeville Road, where such screening shall be at least 16 feet in
depth and 15 feet in height, and that no screening shall be required
along Northern Boulevard. There shall be provided along the outside
perimeter of all buildings a landscaped strip of at least five feet
in depth. The remaining area of any plot in the district not occupied
by buildings, parking area, vehicular access, sidewalks and planting
screen shall be a well-maintained lawn or a landscaped planting design
appropriate to the predominantly low-density residential character
of the Village. A planting plan must be submitted to and approved
by the Planning Board.
The following sections contained in Article XIV of the Village Building Zone Ordinance are hereby incorporated herein by reference and are made applicable to the Business C District:
The disposition of stormwater shall be in complete
accordance with all pertinent requirements and regulations of the
Department of Public Works of the County of Nassau and the State of
New York, and any approval of general building plans and site plan
by the Planning Board shall be so conditioned. All stormwater drainage
structures shall be constructed in the bed of streets or in easements
acquired for such purpose.
Signs visible from outside the plot area, except
as they provide identification, appropriate traffic directions and
parking instructions, are prohibited. Signs visible from outside the
plot area providing identification shall be limited to an identifying
sign or signs not over 30 square feet in area may be erected on or
near the property line flanking the entrances to the establishment.
Such signs may identify the nature of the establishment as well as
the identity of the operators thereof. They shall contain no advertising.
The top of such signs shall be not more than 10 feet above the ground,
and the bottom thereof shall be at least three feet above the ground.
No such sign shall, in any event, be located within 100 feet from
any residential district, either within or outside the Village. A
sign plan shall be submitted to and approved by the Planning Board.
Direction signs visible from outside the plot
area may be erected, provided that they are not over two square feet
in area. Such signs may contain no legend other than the necessary
direction with an arrow or other directive device. The top of such
signs shall not be more than four feet above ground. Signs not over
four square feet in area identifying areas for different types of
parking, as hereinabove defined, may be erected to facilitate traffic
movement.
