[Added 1-14-1964]
A.
The inclusion of an Economic Development A District
(hereinafter designated the "ED-A District") as part of the comprehensive
plan of land use embodied in this chapter is in accord with the following
development policy for the Village of Lake Success, taking into account
considerations of the conservation of existing and potential property
values in the Village; the character of existing development in the
Village; the physical characteristics of the terrain of the Village
and the suitability of the land of the Village for various uses; and
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;
or
(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.
B.
The ED-A District is intended to provide a means for the establishment of the types of uses outlined in Subsection A(2) and (3) above in a manner in keeping with modern practice as to group design of the buildings in which such uses are conducted, provision of adequate off-street automobile parking space and safe and convenient traffic access and pedestrian circulation, and in harmony with the character of the neighborhood in which such uses are located.
[Amended 12-11-2000 by L.L. No. 12-2000]
The ED-A District shall be that area within
the Village of Lake Success lying south and east of the lands owned
by the State of New York, now used for the purpose of the Northern
State Parkway and its access road and landscaping, and east of Lakeville
Road.
[Amended 7-22-1968]
Only such nonresidential uses as are 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 hereinabove stated shall be permitted, upon
condition, that they shall comply in all respects with the performance
standards as hereinafter set forth.
[Added 10-11-2022 by L.L. No. 3-2022]
A.
Legislative
intent. The Marihuana Regulation and Taxation Act was signed into
law on March 31, 2021, legalizing adult-use cannabis in New York State.
The Board of Trustees has determined that, consistent with this new
legislation, the sale of cannabis products in the commercially zoned
ED-A District is appropriate, provided the cannabis establishments
adhere to strict safety and siting standards and the permitting process
set forth in this section. These standards are necessary to promote
the general welfare, health, and safety of Village residents, while
also providing the Village with tax revenue generated from the retail
sale of cannabis products that will benefit all Village residents.
B.
Special
use permit criteria for cannabis uses.
(1)
Cannabis retail sales establishments and cannabis indoor smoking
establishments may be permitted in the ED-A District only when authorized
by the Board of Trustees as a special use permit. No more than two
cannabis establishments may be located within the ED-A District.
(2)
All cannabis establishments must comply with the following special
use permit criteria:
(a)
The retail sale of cannabis at a cannabis establishment is permitted
only between the hours of 11:00 a.m. and 8:00 p.m.
(b)
The owner or operator of a cannabis establishment is not permitted
to process, cultivate, or grow cannabis at said establishment.
(c)
All activities associated with cannabis establishments shall be conducted
within a fixed location and within a fully enclosed building. Drive-throughs
and walk-up windows shall not be used for the retail sale of cannabis
products.
(d)
The owner or operator of a cannabis establishment shall provide adequate
traffic controls, parking, and vehicular circulation at the premises.
(e)
Cannabis establishments shall provide for adequate exterior and interior
security measures at the premises, including security personnel, cameras,
lighting, gates and alarms to ensure the safety of employees and patrons
and to protect the premises from theft or other criminal activity.
Twenty-four-hour video surveillance of the establishment must be implemented
and video records must be kept for at least 30 days.
(f)
Cannabis and cannabis products shall not be displayed in the windows
of cannabis establishments.
(g)
The owner or operator of a cannabis indoor smoking establishment
must provide sufficient measures and means of adequate ventilation
and air filtration systems to control smoke and odor.
(h)
The Board, in its discretion, may impose additional conditions of
approval for a cannabis establishment to mitigate any potential negative
impacts.
C.
Application requirements for cannabis use. For all cannabis establishments, a special use permit application must be submitted to the Village Clerk at least 30 days prior to the Board of Trustees meeting, along with 12 sets of the site plan requirements set forth in Article XXV and 12 sets of the following:
(1)
Copies of all licenses, permits and documentation demonstrating application
status, registration or licensure by the State of New York.
(2)
A list of mitigation measures designed to minimize any adverse impacts
on abutting properties.
(3)
A traffic impact, site circulation and parking analysis that evaluates
the proposed vehicular site access, proposed parking and site circulation.
The analysis shall clearly identify the potential increase in vehicular
activity to ensure there are adequate controls for the anticipated
flow of vehicles to and from the facility without overcrowding the
site and area streets during peak traffic periods. The scope of the
traffic impact analysis must be reviewed and approved by the Village's
traffic engineering consultant prior to submission with the application.
(4)
An opening and special event and holiday traffic management plan
that outlines the traffic and on-site circulation controls to be implemented
to ensure the protection of the public health and safety during hours
of operation during the initial period of opening and periods preceding
holidays and special events, as determined by the Board of Trustees
during the special permit review.
(5)
A security plan showing the arrangement of pedestrian circulation
and access to the public points of entry to the premises from the
nearest street or off-street parking area to ensure the protection
of the public's health and safety during hours of operation. The security
plan shall detail how the property will be monitored so as to avoid,
deter and prevent illegal activities from taking place upon or about
the applicant's premises and shall show the location of any walkway
structures, lighting, gates, fencing and landscaping. The security
plan shall also address the transport of all cannabis product to the
establishment and the security measures taken to prevent theft of
cannabis products on-site. The Village and Village Police Department
shall have the right to review the security plan and to impose additional
safety measures as it deems appropriate.
(6)
A list of all managers, officers, directors, persons or entities
having direct or indirect authority over the management, policies,
security operations or cultivation operations of the cannabis establishment.
(7)
An applicant who is not the property owner shall submit evidence
in the form of a deed, an executed lease or valid purchase and sale
agreement documenting the applicant's contingent property interest
and legal right to operate a cannabis establishment at the property.
(8)
Sign plans depicting the proposed advertising of the cannabis retail
sales establishment at the premises. All signage shall be limited
to the name of the business. Illustrations, pictures, and other imagery
is prohibited. Moving, rotating, animated, blinking, flashing, projecting
or internally illuminated signs are prohibited. Window signs and window
advertisements shall be prohibited.
(9)
For cannabis indoor smoking establishments, an odor control plan
detailing the specific odor-emitting activities on-site, the source
of those odors, the locations from which they are emitted from the
facility, the frequency of such odor-emitting activities, the duration
of such odor-emitting activities and the administrative and engineering
controls that will be implemented to control such odors, including
maintenance of such controls.
D.
Approval
process for cannabis use.
(1)
All cannabis establishments or any modification (major or minor) to such facility must first make application to the Planning Board for site plan review approval in accordance with Article XXV.
(2)
Upon completion of the site plan review process, the applicant must
apply to the Board of Trustees for a special use permit in accordance
with this section.
A.
No use shall be established, expanded, maintained
or conducted in the ED-A District unless the same shall comply with
all of the performance standards set forth in this section.
B.
The purposes of these performance standards are, consistent
with the promotion of the public health, safety, morals and general
welfare of the Village, to secure safety from fire, panic and other
dangers, to provide adequate light and air, to prevent the overcrowding
of land, to lessen traffic congestion and to facilitate development
of areas in accordance with the development policy of the Village,
and in furtherance thereof:
(1)
To reduce to a minimum dissemination of smoke, gas,
dust, odor or any other atmospheric pollutant outside the building
in which the use is conducted.
(2)
To control noise perceptible beyond the boundaries
of the immediate site of the use.
(3)
To prevent the discharge of any waste material whatever
into any watercourse.
(4)
To prevent the dissemination of vibration or heat
or electromagnetic interference beyond the immediate site of the use.
(5)
To eliminate physical hazard by reason of fire, explosion,
radiation or any similar cause to property in the same or an adjacent
district.
(6)
To regulate and control the flow of vehicular traffic
on any street, road or highway within the Village so as to prevent
overcrowding of streets during established traffic peak periods and
to maintain a reasonable and steady flow of traffic in the vicinity
of the ED-A District.
(7)
To regulate and control intensity and source of exterior
lighting so as to minimize the possibility of disturbance to adjacent
areas.
(8)
To preserve the appearance and utility of the adjacent
landscaped Northern State Parkway.
A.
The following uses are prohibited in any event for
the reasons that they are inappropriate and not in harmony with the
development policy of the Village; they are in conflict with the purposes
of establishing the ED-A District; their intrinsic nature is abhorrent
to the performance standards hereinafter set forth; or they tend to
create an influx of traffic at inappropriate times:
(1)
Heavy industry.
(2)
Retailing of merchandise and services, except for cannabis establishments that are approved pursuant to § 105-94.1.
[Amended 10-11-2022 by L.L. No. 3-2022]
(3)
Commercial radio and television transmitting stations.
(4)
Theaters, open air or enclosed.
(5)
Bowling alleys.
(6)
Motels or hotels.
(7)
Day or overnight camps.
(8)
Trailer parks.
(9)
All residential use.
(10)
Restaurants serving the general public.
(11)
Sanatoriums.
(12)
Convalescent homes.
(13)
Geriatric centers.
B.
The enumeration of prohibited uses shall not be deemed,
in any manner, to imply that any use not included among prohibited
uses may be permitted as a matter of right, it being the intention
that no use shall be permitted in the ED-A District unless it is approved
by the Village of Lake Success Board of Trustees, upon recommendation
of the Planning Board, and unless the same shall not only comply with
the performance standards but shall be in accord with the development
policy of the Village.
A.
DECIBEL
OCTAVE BAND
OCTAVE-BAND FILTER
SOUND-LEVEL METER
Definitions. For the purpose of this section, the
following terms are defined as follows:
A unit of measurement of intensity of sound (the sound-pressure
level).
A means of dividing the range of sound frequencies into octaves
in order to classify sound according to pitch.
An instrument, standardized by the American Standards Association,
used in conjunction with a sound-level meter to take measurements
in specific octave bands.
An instrument, standardized by the American Standards Association,
used for measurement of the intensity of sound and calibrated in decibels.
B.
Method of measurement. For the purpose of measuring
the intensity and frequencies of sound, sound-level meters and octave-band
filters shall be employed. Sounds of short duration which cannot be
measured accurately with the sound-level meter shall be measured with
the impact noise filter as manufactured by the General Radio Company,
or its equivalent, in order to determine the peak value of the impact.
C.
Maximum permitted sound-pressure level.
(1)
Table.
|
Octave Band
(cycles per second)
|
Sound-Pressure Level
(decibels)
|
|---|---|
|
0 - 74
|
60
|
|
75 - 149
|
52
|
|
150 - 299
|
50
|
|
300 - 599
|
45
|
|
600 - 1,199
|
40
|
|
1,200 - 2,399
|
36
|
|
2,400 - 4,799
|
31
|
|
4,800 - 20,000
|
30
|
(2)
In the ED-A District, the decibels resulting from
any activity, whether open or enclosed, shall not exceed at any point
on or beyond any lot line the maximum decibel levels for the designated
octave band as set forth in the table above, and where the ED-A District
lies within 200 feet of a district permitting residences, whether
within or without the Village, the maximum permitted decibel levels
at any point on or beyond the district boundary shall be reduced by
six decibels from the maximum permitted level in the table.
A.
FREQUENCY
IMPACT VIBRATIONS
STEADY-STATE VIBRATIONS
THREE-COMPONENT MEASURING SYSTEM
Definitions. For the purpose of this section, the
following terms are defined as follows:
The number of oscillations per second of a vibration.
Earthborne oscillations occurring in discrete pulses at or
less than 100 per minute.
Continuous earth-borne oscillations. Discrete pulses that
occur more than 100 times per minute shall be considered to be "steady-state
vibrations."
A device for recording the intensity of any vibration in
three mutually perpendicular directions.
B.
Method of measurement. For the purpose of measuring
vibration, a three-component measuring system approved by the administrative
official shall be employed.
C.
Maximum permitted steady-state and impact vibration
displacement.
(1)
Table.
|
Vibration Displacement
(inches)
| ||
|---|---|---|
|
Frequency
(cycles per second)
|
Steady-State
|
Impact
|
|
Under 10
|
0.0005
|
0.0010
|
|
10 - 19
|
0.0004
|
0.0008
|
|
20 - 29
|
0.0003
|
0.0006
|
|
30 - 39
|
0.0002
|
0.0004
|
|
40 and over
|
0.0001
|
0.0002
|
(2)
In the ED-A District, no activity shall cause or create
a steady-state or impact vibration on a lot line with a vibration
displacement by frequency bands in excess of that indicated in the
table above.
A.
DUST
PARTICULATE MATTER
RINGELMANN SMOKE CHART
SMOKE
SMOKE UNIT
Definitions. For the purposes of this section, the
following terms are defined as follows:
Solid particulate matter capable of being air- or gasborne.
Any finely divided liquid or solid matter, including smoke,
capable of being air- or gasborne.
A chart for determining the density of smoke and described
in Federal Bureau of Mines Information Circular 7718.
Any visible emission into the open air from any source, except
emissions of an uncontaminated water vapor.
A measure of the quantity of smoke being discharged and is
the number obtained by multiplying the smoke density in a Ringelmann
Smoke Chart number by the time of emission in minutes. For example,
the emission of Ringelmann Smoke Chart No. 1 for one minute equals
one smoke unit.
B.
Method of measurement of smoke. For the purpose of
grading the density of the smoke, the Ringelmann Smoke Chart shall
be used for the purpose of determining the total smoke units omitted,
a reading shall be taken every minute for an hour or, if less than
an hour, until the total smoke units emitted exceed the number allowed
by this chapter. Each reading shall be multiplied by the number of
minutes during which it was observed and the product added.
C.
Maximum permitted emission of smoke. In the ED-A District
there shall be no measurable emission of smoke, gas or other atmospheric
pollutant. The emission of one smoke unit per hour and smoke with
discernible density of No. 1 on the Ringelmann Smoke Chart shall be
prohibited.
D.
Maximum permitted emission of dust.
(1)
Related to combustion for indirect heating. In the
ED-A District, the emission of dust related to combustion for indirect
heating from any source shall not exceed 0.30 pounds of dust per 1,000
pounds of flue gas adjusted to 50% excess air for combustion.
(2)
Related to processes other than combustion for indirect
heating. In the ED-A District, there shall be no measurable emission
of dust or other particulate matter not related to combustion for
indirect heating.
(3)
Prevention of wind-blown air pollution. All storage
areas, yards, service roads or untreated open areas within the boundaries
of a plot in the ED-A District shall be improved and maintained with
appropriate landscaping, screening, paving, oiling or sprinkling or
treated by other means, so that there shall be no dust or other types
of air pollution.
E.
General control over smoke and other particulate matter.
In addition to the performance standards of regulating smoke and other
particulate matter, the emission of such matter shall be so controlled
in manner and quantity of emission as not to be detrimental to or
endanger the public health, safety, comfort or other aspects of the
general welfare or cause damage or injury to property.
In the ED-A District, no odor shall be permitted
outside the building in which the use is conducted.
A.
TOXIC OR NOXIOUS MATTER
For the purpose of this section, the following terms
are defined as follows:
Any solid, liquid or gaseous matter, including but not limited
to gases, vapors, dusts, fumes and mists containing properties which,
by chemical means, are inherently harmful and likely to destroy life
or impair health or likely to cause injury to the well-being of persons
or damage to property.
B.
No use shall be permitted in the ED-A District which
will cause any dissemination whatever of toxic or noxious matter.
In addition to the performance standards set
forth in this chapter for regulating and controlling the emission
into the open air of smoke, dust, odorous, toxic and noxious matter,
no vent (herein defined as an opening in an enclosed structure or
other enclosed system for discharging substances to the open air)
shall be so located nor matter emitted of such characteristics or
in such quantities as to be detrimental or dangerous to the public
health, safety, comfort or other aspects of the general welfare or
to cause damage or injury to property. No open fire, the combustion
air for which is uncontrolled in quantity and direction, and no incineration
or burning of waste solids shall be permitted within the ED-A District.
No operation, whether or not licensed by the Atomic Energy Commission, shall be conducted in the ED-A District which exceeds the standards established in Title 10, Chapter 1, Part 20, of the Code of Federal Regulations, Standards for Protection Against Radiation, as amended through July 30, 1958, or as it may thereafter be amended, or which violates any regulations of any other administrative body charged with the responsibility of controlling radiation.
No storage, utilization or manufacture of solid
materials or products which burn actively and support combustion easily
or which have a low ignition temperature, a high rate of burning or
create great heat, and no materials producing flammable or explosive
gases or vapors under ordinary temperature conditions, shall be permitted
in the ED-A District.
A.
No activity producing humidity in the form of steam
or moist air or producing heat shall be conducted in the ED-A District
in such a manner that the steam, humidity or heat is perceptible at
any lot line of the lot upon which such activity is conducted.
B.
All exterior lighting or other illumination shall
be of such design, so shaded and so located that the light sources
may not be seen beyond the boundaries of the plot on which located.
In approving site development plans, the Planning Board may limit
the hours and intensity of lighting so as to minimize the possibility
of disturbance to nearby residential areas.
In the ED-A District, no use, activity or process
shall be conducted which produces perceptible electromagnetic interference
with normal radio or television reception in any area within or without
the Village.
No use or activity shall be permitted in the
ED-A District which, in the opinion of the Planning Board or the Board
of Trustees, shall create undesirable vehicular traffic congestion
or prevent the normal flow of traffic on any street or highway within
or in the vicinity of the ED-A District, nor shall any use or activity
be permitted in the ED-A District which shall materially increase
the volume of vehicular traffic on arterial highways within the Village
during currently established peak traffic periods.
With respect to any application for a building
or use permit or a certificate of occupancy for any use in the ED-A
District, the Planning Board or the Building Inspector may require
the applicant, at its own expense, to provide the Planning Board with
such evidence as they or he may deem necessary to determine whether
or not the proposed use will conform to the development policy of
the Village and the performance standards set forth above, and in
connection therewith, the Planning Board or the Building Inspector
may obtain expert advice at the expense of the applicant, and payment
in advance of the amount of such expense shall be a condition of further
consideration of the application. Where appropriate, the Planning
Board may require the installation, maintenance and operation, by
the applicant at the applicant's expense, of continuous recording
instruments to demonstrate the operation or effect of operations of
any machines or devices used to control or lessen noise, vibration,
glare, air pollution, water pollution, fire hazards or safety hazards.
A.
Administrative official. The Building Inspector shall
administer and enforce this Article. He may be provided with the assistance
of such other persons as the Board of Trustees or the Planning Board
may direct.
B.
Planning Board approval. No building shall be erected,
altered or used, and no lot or premises shall be used unless the Planning
Board shall have approved the proposed use, the building plans and
site plan as complying with the development policy of the Village
and the performance standards hereinabove set forth.
C.
Time limitation. The proposed use, the building plans
and site plan, or amendment thereof, shall be approved or disapproved
by the Planning Board within 60 days after the completion of the filing
thereof, or the filing of an amendment thereof, and the filing of
all evidence requested by the Planning Board by delivering the same
to the Village Clerk.
D.
Disapproval. Disapproval of the proposed use, the
building plans or site plan shall be by written notice mailed by the
Village Clerk to the applicant, which notice shall state the reason
or reasons for such disapproval. The Building Inspector shall receive
copies of such notice of disapproval.
E.
Approval. Approval of submitted proposed use, building
plans and site plan by the Planning Board shall be based on conformity
of said use and plans to the provisions of this Article, and such
approval shall be by resolution of the Planning Board, copies of which
shall be mailed by the Village Clerk to the applicant and to the Building
Inspector. At the same time, the Planning Board shall deliver to the
Building Inspector duplicate copies of all related building plans
and site plan as approved.
F.
No waiver. No approval by the Planning Board of any
proposed use, any building plans or site plan shall constitute a waiver
of any other pertinent codes, regulations, requirements or ordinances
of the Incorporated Village of Lake Success or any other properly
constituted jurisdictional authority.
G.
Building permit. No building permit shall be issued
by the Building Inspector for any construction or installation within
the scope of this Article unless there shall have been filed with
the Building Inspector, along with the application for building permit,
a certified copy of the Planning Board resolution approving the proposed
use, the building plans and site plan.
H.
Discretion in Planning Board. In studying the proposed use, the building plans and site plan, the Planning Board and the Building Inspector shall consider all factors they deem pertinent with specific relationship to the development policy of the Village and the performance standards hereinabove set forth in § 105-95. In considering any proposed use, building plans or site plan hereunder, the Planning Board and the Building Inspector shall endeavor to assure safety and convenience of traffic movement, both within the limits of the site and in relation to access streets, harmonious and beneficial relation among the buildings and uses on the site and satisfactory and harmonious relation between the site and contiguous land and buildings and adjacent neighborhoods, all in furtherance of the purpose of this chapter.
I.
Certificate of occupancy.
(1)
It shall be unlawful to use or occupy or permit
the use or occupancy in the ED-A District of any building or premises,
or part thereof, hereafter created, erected, changed, converted or
wholly or partially altered or enlarged in its use or structure until
a certificate of occupancy shall have been issued therefor by the
Building Inspector stating that the proposed use of the building or
land conforms with the requirements of this Article.
(2)
No approved use of any building for which a
certificate of occupancy shall have been issued shall be changed unless:
(a)
Prior written application for a new use permit
shall have been made to the Planning Board.
(b)
The Planning Board shall have determined that
the proposed new use is:
(c)
The Building Inspector shall issue a certificate
of occupancy therefor stating that the proposed new use of the building
conforms to the requirements of this Article.
J.
Expiration of building permit. If the work described
in any building permit has not begun within six months from the date
of issuance thereof, the permit shall expire and be cancelled by the
Building Inspector. If the work described in any building permit has
not been substantially completed within one year of the date of issuance
thereof, said permit, unless extended by the Building Inspector and
the Planning Board, upon application of the property owner, shall
expire and be cancelled by the Building Inspector. In either event
written notice thereof shall be given by the Building Inspector to
the persons affected and to the Planning Board.
K.
Architectural supervision. With respect to any application
for a building or use permit for any building or alteration or extension
of any building in the ED-A District, said application shall be accompanied
by complete building plans, contour maps and drawings or sketches
showing architecturally the exterior elevations of the proposed building
and showing the proposed landscape or other treatment of the grounds
around such building and such other maps, plans and subdivision plot
plans as are required by the Village of Lake Success. Such plans,
maps, drawings and sketches and plot plans shall be submitted by the
Planning Board to its architect and shall be considered by him and
the Planning Board in an endeavor to provide that the architectural
design and general appearance of such building and grounds be in keeping
with the general architectural styles within the Village and such
as not to be detrimental to the orderly and harmonious development
of the Village and so as not adversely to affect the desirability
of neighboring areas for residential purposes. No building or use
permit shall be issued until such plans, maps, drawings and sketches
and plot plans have been approved by the Planning Board and its architect.
Minimum plot areas shall be five acres. No more
than one building may be constructed on each plot. The Planning Board
may approve one or more plots having an area of less than five acres
but more than three acres each as part of a subdivision plan, the
individual plots of which shall average five acres in area; provided,
however, that the maximum number of plots in any area shall be determined
by dividing the number of acres comprising the area by five. In exercising
discretion with respect to approving a plot of less than five acres
in area, the Planning Board may give consideration to the nature of
the proposed use, the height of the proposed structure and the location
of the plot in relation to other proposed uses.
[Added 7-20-1966]
A.
In the case of a group development consisting of more
than one building in harmonious relationship to one another, with
access and open space appurtenant to the group, as set forth on the
subdivision plans and on building and site plans therefor, the land
occupied by the group development shall have an aggregate area of
not less than 4.7 acres times each building comprised within the group.
In such case, all interior roads shall be subject to approval by the
Planning Board with respect to width and location and with respect
to access to public highways and control of traffic, and such interior
roads shall be constructed in accordance with the standard specifications
for Village streets.
B.
As a prerequisite to Planning Board approval of any
group development plan, the applicant shall, on behalf of himself
and all subsequent owners of property, execute and deliver to the
Village an instrument in proper form for recording:
(1)
Providing that each structure or building contained
within the development shall have a perpetual easement or right-of-way
over adjoining land within the development necessary for vehicular
ingress and egress to the public highways designated as the available
public highway by the Planning Board; and
(2)
Providing that the developer or any successor
in interest shall be responsible for maintenance and repair of interior
roads, removal of snow and ice and sanding of roads when necessary.
C.
Provisions with respect to group development shall
be applicable whether or not the plot is subdivided.
A.
Buildings and structures on any plot in the ED-A District
shall not cover more than 25% 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 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. In those cases where the Planning Board can make a positive
finding that the 25% coverage of land is not sufficient limitation
to satisfy aesthetic, parking and landscaping requirements hereinabove
set forth, then additional restrictions may be imposed to the extent
determined by such positive finding.
[Amended 7-22-1968]
A.
Front yard. With respect to all plots having front
yards abutting on an arterial highway, other than a parkway, the front
yard depth shall not be less than 150 feet. Such requirement of a
one-hundred-fifty-foot setback may be reduced to 100 feet on Marcus
Avenue upon approval of the Village Board of Trustees, upon recommendation
of the Planning Board, if no parking for motor vehicles is provided
for in the entire setback area directly in front of the entire length
of the building fronting on Marcus Avenue and if there is maintained
a densely landscaped and screened fifty-foot buffer strip along Marcus
Avenue not lying directly in front of the building. The front yard
depth on plots abutting other public streets, including a parkway,
shall not be less than 100 feet.
B.
Side yard. Each side yard width shall not be less
than 50 feet, except that a side yard abutting a parkway or abutting
property in a residentially zoned district, either within or outside
the Village, shall not be less than 120 feet.
C.
Rear yard. Rear yard depths shall not be less than
50 feet, except that a rear yard abutting a parkway or abutting property
in a residentially zoned district, either within or outside the Village,
shall not be less than 150 feet.
D.
Method of measurement. All setback dimensions shall
be measured from the property line of the plot to the nearest point
of the building measured at grade or any projection above grade.
E.
Buffer strip and building lines on arterial highways. As part of the yard requirements provided in Subsections A, B and C above, a fifty-foot-wide buffer strip shall be maintained, extending the entire length of and adjacent to New Hyde Park Road, in the Economic Development A District, which buffer strip, broken only by access roads and streets, shall be densely screened with trees, both deciduous and evergreen, and shall be planted with such additional trees as the Planning Board may deem necessary effectively to mask from view of adjacent residential areas any buildings to be erected in the Economic Development A District, and the owner of such property shall be charged with the responsibility of protecting and maintaining the existing trees and future plantings within such buffer strip. Such buffer strip shall be in lieu of the fifteen-foot screening and landscaping area required in § 105-117 A and B of this Article. In no event, however, shall the building line of any property abutting New Hyde Park Road be less than 150 feet from the nearest point on New Hyde Park Road, nor shall the building line of any property abutting Marcus Avenue be less than 100 feet from the nearest point on Marcus Avenue.
F.
Modifications in group development. In the case of
group development, whether or not the plot is subdivided, the Planning
Board may, in its discretion, modify internal front, side and rear
yard requirements to the extent necessary to accommodate a more advantageous
grouping of structures; provided, however, that distances between
buildings shall not be less than 50 feet at any points.
[Added 7-20-1966]
[Added 7-20-1966; amended 1-15-1968; 7-22-1968; 12-2-1968]
A.
The height of a building shall be the vertical distance between any horizontal line through any point on the topmost surface of the building, including all parapets, apparatus and roof structures 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 average of the lowest finished surface elevations within an area circumscribed by a line parallel to and 15 feet from all exterior walls 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 height shall not exceed 30 feet, and no building in the ED-A District shall contain more than two stories, as defined under Article II of this Building Zone Ordinance.
B.
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 buildings or for parking of tenants'
automobiles, such cellar area may not be used as an area in which
persons may live, sleep, work or congregate, except that the Board
of Trustees on the recommendation of the Planning Board may permit
cellar areas to be used for limited occupancy purposes, including
restaurants not serving the general public, mail rooms and file rooms.
All cellar areas used for such limited occupancy purposes shall be
sufficiently ventilated and lighted and supplied with sanitary facilities.
No cellar area used for limited occupancy purposes shall have an occupancy
exceeding three employees per 1,000 square feet of cellar floor area.
[Amended 3-7-1977 by L.L. No. 1-1977]
A.
Notwithstanding the provisions of § 105-114, 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, 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.
[Amended 7-22-1968]
B.
Nothing contained in this section shall be construed to permit the use of commercial radio and television transmitters prohibited under § 105-96 of this Article or to permit violation of regulations promulgated by the Civil Aeronautics Administration of the United States Government pertaining to the installation of flag poles, radio and other electronic antennas.
[Amended 7-22-1968; 12-2-1968; 12-15-1969; 3-22-1976 by L.L. No. 3-1976]
A.
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 ED-A 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.
B.
Under unusual conditions of parking requirements,
such additional off-street parking facilities shall be provided as
may be required by the Planning Board.
C.
Such parking areas shall not be used for any purpose other than the temporary parking of automobiles and other vehicles. In no event shall any parking of vehicles be permitted in the front yard of any building in this district or on any streets in or adjacent to this district. Parking areas shall not be closer than 14 feet to any rear yard or side yard lot lines, which 14 feet shall be devoted to landscaping and screening as defined in § 105-117 of this Article.
D.
No street in this district shall be used for parking
or loading or unloading of vehicles.
A.
Screening.
(1)
Wherever the boundary of the ED-A District directly
abuts a parcel of land which is being used for or is zoned for residential
purposes or directly abuts an arterial highway or parkway, effective
evergreen landscape screening at least 10 feet in height and at least
15 feet in depth shall be provided and maintained throughout the year.
(2)
In addition thereto, all interior side and rear
property lines shall be delineated by a square trimmed hedge four
feet wide and three feet high, placed two feet on each side of the
property line, bordered by a grass strip not less than 12 feet in
width and bounded by a reinforced concrete curb meeting Village specifications,
effectively to divide roads, walks, driveways and parking areas.
(3)
All buildings shall be surrounded by a grass
strip and by foundation shrubbery, with sidewalks if desired, except
at loading and building access areas or entrances.
(4)
The front area of all buildings shall be landscaped
in accordance with Planning Board requirements.
(5)
Ornamental trees shall be planted along all
interior property lines as follows:
(a)
Along the front line of each plot, deciduous
trees at least five inches in diameter at the base of the trunk and
spaced approximately 50 feet apart.
(b)
Along the side lines of each plot, a line of
ornamental flowering trees at least three inches in diameter at the
base of the trunk shall be set at twenty-five-foot intervals.
(c)
Along all back lines, a line of ten-foot-high
evergreen trees shall be set 15 feet apart, alternating with evergreen
trees set on back lines of abutting rear properties.
(6)
All lawns, hedges, trees and shrubs shall be
maintained in healthy, luxuriant condition at all times, winter foliage
excepted, according to the highest horticultural standards usual to
the nursery trade. In the event that any owner shall fail to maintain
the landscaping in a manner satisfactory to the Building Inspector,
the Planning Board shall cause such defective maintenance to be corrected
at the expense of the owner, which expense shall become a lien on
said property.
(7)
Dimensions provided for herein shall be determined
at time of planting.
B.
Landscaping. The remaining area of the plot not occupied
by buildings or loading or unloading areas, parking areas, vehicular
access, sidewalks and landscape screening shall be a well-maintained
lawn or a landscaped planting design appropriate to the predominantly
low-density residential character of the Village.
C.
Fencing. Wherever the boundary of the ED-A District
directly abuts a parcel of land which is being used or may be used
for residential purposes or the right-of-way of a parkway or arterial
highway, a chain link fence at least six feet in height shall be installed;
provided, however, that where such boundary is along the front line
of a plot, the above mentioned chain link fence shall not be installed.
No such fence shall be required on any boundary line on which exists
a chain link fence erected and maintained by the Long Island State
Park Commission.
A.
All streets within the ED-A District shall be not
less than 30 feet in width measured from curb to curb, with a right-of-way
not less than 60 feet, and shall be subject to approval by the Planning
Board with respect to location and with respect to control of traffic
and shall be constructed in accordance with specifications for streets
in commercial and industrial areas (Type E pavement) as set forth
in Village ordinances and standard specifications. Prior to the issuance
of a certificate of occupancy with respect to any building erected
on any land abutting such street, the entire street, including the
area in front of such building and extending to the intersection with
an existing arterial highway, shall be completed by the owner, approved
by the Village and conveyed to the Village.
B.
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, in the State of
New York, and any approval of general building plans and site plan
by 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.
C.
The owner shall enter into an agreement with the Village
in form acceptable to the Village Attorney providing for the construction
and dedication of streets and drains in accordance with the Village
Planning Board Ordinance, the posting of performance and maintenance
bonds and fixing a date acceptable to the Planning Board for the completion
of such construction. Such agreement shall also provide that, wherever
sanitary sewers are located in the right-of-way of streets, there
will be no construction commenced on such streets until said sanitary
sewers are completed by the owner and dedicated to and accepted by
the County of Nassau.
The disposition of sanitary sewage shall be
made through sanitary sewerage facilities and shall be in complete
accordance with all pertinent requirements and regulations of the
Department of Health of the State of New York and the Department of
Public Works of the County of Nassau, and any approval of general
building plans and site plan by the Planning Board shall be so conditioned.
No certificate of occupancy shall be issued with respect to any building
unless the public sanitary sewerage facilities servicing such building
shall be completed, approved by the Department of Public Works of
the County of Nassau and dedicated to and accepted by the County of
Nassau.
The disposition of any and all effluents other
than stormwater and sanitary sewage which may arise from use shall
be in complete accordance with all pertinent requirements and regulations
of both the Interstate Sanitation Commission and the New York State
Pollution Control Board; and any approval of the general building
plans and site plan by the Planning Board shall be so conditioned.
Buildings and exterior and interior alterations
erected or made after the effective date of this chapter shall be
constructed in full compliance with the requirements of the Building
Construction Code of the State of New York and shall be subject to
all requirements imposed by the New York State Building Code Commission
and the Fire Marshal of the County of Nassau.
A.
Limitations.
(1)
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:
(a)
Noncorrosive letters, letters formed or carved
in masonry or tile or lettering on vitreous enameled metal not requiring
painting or maintenance of brilliance or longevity, or emblems or
designs, setting forth the identity, trademark and nature of the business
conducted on the premises and no other subject matter. Such sign may
be attached to or may be a part of one elevation of the largest building
on the site as such elevation may face the public street from which
access to the site is obtained. Such letters shall not exceed 24 inches
in height.
(b)
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 sign shall not
be more than 14 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.
(2)
In addition, permits for signs within 500 feet
of the border of a parkway shall be obtained from the regional State
Park Commission having jurisdiction, as required by law.
B.
Direction signs. Direction signs visible from outside
the plot area, such as, but not limited to, "Visitors Parking," "Company
Parking," "Shipping Department" and "Receiving Department", 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.
C.
Lighting restrictions. Any permitted signs hereinabove
described may be illuminated in any reasonable manner, provided that
no flashing or moving signs shall be permitted, nor shall the source
of such illumination be visible from any point outside the plot upon
which the sign is located.
Regulations under §§ 105-116 through 105-122, inclusive, shall be deemed standard requirements and are intended to assure provision for open space; to provide adequate off-street parking and loading and unloading requirements; to provide effective screening and landscaping; and to assure development in conformity with Village standards; and may, in the discretion of the Planning Board, be modified to meet practical requirements with respect to any particular proposed use, after determining the nature and the design capacity of the proposed use.
A.
An application for approval of a subdivision plat
in the Economic Development A District shall be submitted in compliance
with the Village Planning Board Ordinance. Such application will not
be approved by the Planning Board until satisfactory evidence has
been submitted that the owner has entered into an agreement with the
Nassau County Department of Public Works and has posted the required
bonds for the construction and dedication of a complete system of
sanitary sewers to serve all of the proposed plots in the district.
B.
An application for approval by the Planning Board
of contemplated general building plans and site plan, or of contemplated
alteration of existing general building plans or site plan, or both,
must be in writing by the owner of the plot and must be accompanied
by the said general building plans and site plan, or by plans showing
contemplated alterations of existing general building plans or site
plan, or both, prepared by a registered architect or licensed professional
engineer in sufficient detail to establish compliance with all matters
pertinent to and covered by this Article.
C.
The said applications and related plat plans or general
building plans and/or site plan shall be in triplicate, addressed
to the Planning Board and filed in the office of the Village Clerk.
A.
With and upon the filing of an application relating
to contemplated new construction on a previously undeveloped plot,
there shall be paid to the Village a minimum filing fee of $500 covering
the first two acres, plus $100 for each additional acre or fraction
thereof. The site plan shall show the total acreage.
B.
With and upon the filing of an application relating
to any contemplated alteration of either existing general building
plans or existing site plan, or both, there shall be paid to the Village
a filing fee based in amount on the estimated cost of the contemplated
alterations at the same rates as are defined in the applicable portion
of the Village Building Code as building permit fee.[1]
C.
The filing fees defined in this section are related
solely to the consideration of applications of whatever nature by
the Planning Board and have no effect whatsoever on such building
permit fee as must later accompany the application for the building
permit.
D.
No additional filing fee shall be involved if and
when amended plans are filed, unless and to the extent that the amended
plans may represent an increase in building area.
A.
Except as hereinabove modified or qualified, all construction
in the ED-A District shall conform to the prevailing Building Code
of the Incorporated Village of Lake Success.[1] No construction or alteration within the scope of this
Article shall be commenced or executed in any part until and unless
the Building Inspector shall have issued a building permit which after
issue must be prominently posted on site under cover from weather
for the cognizance of qualified inspectors under any pertinent jurisdiction.
B.
Said building permit shall be issued by the Building
Inspector only after:
(1)
The owner shall have filed in triplicate with
the Village Clerk:
(a)
Application for building permit.
(b)
Complete site plan.
(c)
Complete building plans.
(d)
Complete construction specifications.
(e)
Certified copy of the resolution of the Planning
Board approving the general building plans and the site plan or, in
the case of an alteration, such portions of the general building plans
or of the site plan, or both, as may be pertinent to the intended
alteration.
(f)
Evidence, in a form acceptable to the Building
Inspector, of compliance or intended compliance with all applicable
laws, ordinances, rules, codes, regulations and stipulations of all
Village, county, state, federal and other agencies of competent jurisdiction.
(g)
An agreement, in a form acceptable to the Village Attorney, providing for the payment to the Village of such sums as may reasonably be required by the Planning Board to reimburse the Village for the cost of building construction, inspection, plumbing inspection, architectural supervision, technical advice required under § 105-108 of this Article, structural engineering advice, civil engineering advice with respect to paving and drainage, landscape architectural advice and such other administrative fees and charges as may be deemed applicable and necessary to assure complete compliance with all performance standards, applicable Building Code and regulations and requirements of this chapter. The Planning Board may, in its discretion, demand a surety bond issued by an approved bonding company doing business in the State of New York in a form approved by the Village Attorney to assure payment of the above fees and charges. In the event that a building permit shall be denied, the Planning Board may, in its discretion, direct the refund of a portion of the unexpended fees and charges.
(2)
The Building Inspector shall have critically
examined all of the submitted documents and evidence and shall have
satisfied himself of the complete compliance thereby with all aforesaid
applicable laws, ordinances, rules, codes, regulations and stipulations.
A.
The Building Inspector shall not issue any certificate
of occupancy unless and until the construction of the buildings and
facilities shall have been in full compliance with all applicable
laws, ordinances, rules, codes, regulations and stipulations.
B.
If, at any time after the issuance of such certificate
of occupancy, it shall be determined in the findings of the Building
Inspector that the occupancy related to any plot or lot in the ED-A
District shall deviate from the occupancy for which approval was initially
given, the Building Inspector shall give notice in writing to the
owner of the property in question, such notice shall set forth the
nature and extent of such deviations. Such notice shall be sent to
the owner of the property by registered mail. If the objectionable
deviations shall not be remedied by the owner within 30 days of such
notice, unless extended by the Board of Trustees, the certificate
of occupancy for the premises shall become void, without further or
additional notice.
[Amended 7-22-1968]
A.
General. The provisions described in this Article and in any other ordinance of the Village applicable to the development of any areas pursuant to this Article shall be enforced by the Building Inspector of the Incorporated Village of Lake Success, or his authorized deputy as designated by the Village Board of Trustees, in accordance with the provisions of §§ 105-1 through 105-5 of the Building Zone Ordinance of the Incorporated Village of Lake Success, and failure of the Village to enforce any or all of said regulations and provisions shall, in no event, be deemed a waiver of the right to do so thereafter.
B.
Enforcement of performance standards.
(1)
If the Building Inspector finds that there is any violation of performance standards relating to emission of smoke, fire and explosive hazards, humidity, heat, light or electromagnetic interference, he shall take or cause to be taken lawful action as provided in Subsection B(2) hereof to eliminate such violation, and failure to obey lawful orders concerning cessation of violation within five working days from the date of the issuance of such order shall be punishable as provided in Subsection F hereof.
(2)
If, in the judgment of the Building Inspector, there is violation of performance standards concerning the emission of particulate matter, vibration, noise, toxic or noxious matter, odorous matter or radiation hazards, the following procedures shall be followed in lieu of the provisions of Article I of the Building Zone Ordinance:
(a)
The Building Inspector shall give written notice
by registered or certified mail to the owner and tenants of the property
upon which the alleged violation occurs. Such notice shall describe
the particulars of the alleged violation and the reasons why the Building
Inspector believes there is a violation in fact and shall require
an answer or correction of the alleged violation to the satisfaction
of the Building Inspector within a reasonable time limit set by the
Building Inspector. The notice shall state, and it is hereby declared,
that failure to reply or to correct the alleged violation to the satisfaction
of the Building Inspector within the time limit constitutes admission
of violation of the provisions of this Article. The notice shall further
state that, upon request of those to whom it is directed, technical
determinations of the nature and extent of the violation as alleged
will be made, and that if violation as alleged is found, costs of
the determinations will be charged against those responsible, in addition
to such other penalties as may be appropriate, and that if it is determined
that no violation exists, costs of determination will be paid by the
Village.
(b)
If, within the time limit set, there is no reply
but the alleged violation is corrected to the satisfaction of the
Building Inspector, he shall note "violation corrected" on his copy
of the notice and shall retain it among his records.
(c)
If there is no reply within the time limit set [thus establishing admission of violation as provided in Subsection B(2)(a) above] and the alleged violation is not corrected to the satisfaction of the Building Inspector within the time limit set, he shall proceed to take or cause to be taken such action as warranted by continuance of an admitted violation after notice to cease.
(d)
If a reply is received within the time limit
set indicating that the alleged violation will be corrected to the
satisfaction of the Building Inspector, but that more time is required
than was granted by the original notice, the Building Inspector may
grant an extension of time if he deems such extension warranted in
the circumstances of the case and if such extension will not, in his
opinion, cause imminent peril to life, health or property. In acting
on such requests for extension of time, the Building Inspector shall,
in writing, state his reasons for granting or refusing to grant such
extension.
(e)
If a reply is received within the time limit set requesting technical determinations as set forth in Subsection B(2)(a) above and if the alleged violation continues, the Building Inspector may call in properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the costs of the determinations shall be assessed against the properties or persons responsible for the violation, in addition to such other penalties as may be appropriate under the terms of Subsection F hereof. If no violation is found, costs of the determinations shall be paid by the Village without assessment against the properties or persons involved.
C.
Complaint. Whenever a violation of this Article occurs
or is alleged to have occurred, any person may file a written complaint
with the Village Clerk. Such complaint shall state fully the causes
and basis thereof. The Village Clerk shall record the complaint properly
and refer the same promptly to the Building Inspector, who shall take
action thereon as provided by this Article.
D.
Remedies. In case any building is erected, constructed,
reconstructed, altered, maintained or used in violation of this Article,
the Building Inspector, the Board of Trustees, the Planning Board
or any person aggrieved may, in addition to other remedies provided
by law, institute injunction, abatement or any other appropriate action
or proceeding to prevent, enjoin, abate or remove such unlawful erection,
construction, reconstruction, alteration, maintenance or use.[1]
