[Added 11-29-1958]
A.
The inclusion of Economic Development B District (hereinafter
designated as ED-B District) as part of the comprehensive plan of
land use embodied in this chapter is in accord with the following
developmental 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 that will
make possible the adequate provision of the public facilities and
services that are necessary for sound residential development.
(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 that
will not detract from the predominately low-density one-family residential
character of the Village or hinder further development of like nature
and quality.
B.
The ED-B Districts are intended to provide a means for the establishment of the types of uses outlined in the preceding Subsection A(2)(b) 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.
A.
The following uses are hereby permitted in any ED-B
District:
(1)
Offices for executive, administrative or professional
purposes.
(2)
Scientific and/or research laboratories.
(3)
Assembly, fabrication and finishing of articles
of small compass and high value, such as cameras, watches, precision
instruments, electronic instruments, business machines and the like.
(4)
Storage facilities, provided there shall be
no outside storage of any nature and no warehousing or storage of
building materials or other heavy products.
(5)
Telephone exchanges and other similar public
utility service facilities.
(6)
Establishments for printing, bookbinding, engraving,
lithographing and similar reproduction processes.
(7)
Libraries, educational and cultural centers.
(8)
Restaurants serving the general public.
(9)
Food service facilities incidental to any other
uses permitted within an ED-B district.
B.
All other uses are hereby prohibited in ED-B Districts.
It is the intent of this Article to exclude from ED-B Districts all
residential uses and all business and other uses, except those specified
above, as being inappropriate therein and in conflict with the purpose
of this Article and to confine the uses therein to those which are
specifically listed in this Article as being permitted therein.
[Amended 1-19-1970]
[Added 1-19-1970]
With respect to any application for a building
or use permit or a certificate of occupancy for any use in the ED-B
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 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.
No building shall be erected, altered or used, and
no lot or premises shall be used unless the Planning Board shall have
approved the general building plan and the site plan as complying
with the performance standards hereinabove set forth.
B.
The general building plans and site plan, or amendment
thereof, shall be approved or disapproved by the Planning Board within
45 days of the filing thereof, or the filing of amendment thereof,
with the Planning Board by delivering same to the Village Clerk.
C.
Disapproval of general building plans or site plan,
or both, shall be by written notice to the applicant, which notice
shall clearly state the reason or reasons for such disapproval. The
Building Inspector and the Village Engineer shall receive copies of
such notice of disapproval.
D.
Within one year after the date of notice of disapproval by the Planning Board, the applicant may submit to the Planning Board amended general building plans or site plan, or both, which shall be treated in accordance with Subsection B hereinabove.
E.
Approval of submitted general building plans and site
plan by the Planning Board shall be based on conformity of said plans
to the provisions of this Article, and such approval shall be by resolution,
copies of which shall be given to the Building Inspector and the Village
Engineer. At the same time, the Planning Board shall deliver to the
Building Inspector photostatic copies, or precise duplicates otherwise
prepared, of all related general building plans and the site plan
as approved.
F.
No approval by the Planning Board of any general 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.
No building permit shall be issued by the Building
Inspector for any construction or installation in 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 general building plans
and site plan.
H.
In studying general building plans and site plan, the Planning Board and the Building Inspector shall consider all factors they deem pertinent with specific relationship to the performance standards hereinabove set forth in § 105-70. In considering any 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 Article.
A.
No building shall be erected on a parcel of land having
an area less than 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.
In the case of a group development, all interior roads
shall be subject to approval by the Planning Board, with respect to
width and location and with respect to control of traffic, and shall
be constructed in accordance with specifications as set forth in applicable
Village ordinances.
C.
As a prerequisite to Planning Board approval of any
group development plan, the applicant shall, on behalf of himself
and all subsequent owners of the property, execute and deliver to
the Village an Instrument in proper form for recording:
(1)
Providing for perpetual restrictions running
with the land against subdivision of the plot;
(2)
Providing that each structure or building contained
within the development shall have a perpetual easement over adjoining
land within the development necessary for vehicular ingress and egress
to the public highway designated as the available public highway by
the Planning Board; and
(3)
Providing for maintenance and repair of interior
roads, removal of snow and ice and sanding of roads, when necessary,
at the expense of the developer or any subsequent owner.
D.
As a prerequisite to any Planning Board approval of
any individual or group development plan, the applicant shall, on
behalf of himself and of subsequent owners, agree, at his own expense,
to provide such security and safety measures as the Mayor and Board
of Trustees of the Village may, from time to time, deem necessary.
A.
Buildings, structures and off-street loading and unloading
area considered together on any plot or lot shall not cover more than
25% of the plot area. The remaining plot area may be divided among
areas for vehicular parking, landscaping, sidewalks and vehicular
access roads, all as hereinafter defined.
A.
Front yard depth shall not be less than 100 feet,
except that in the case of a group, development, the Planning Board
may, in its discretion, reduce the front yard depth requirements to
the extent necessary to accommodate more advantageous grouping of
structures.
B.
Each side yard width shall not be less than 30 feet,
except that a side yard abutting property in a differently zoned district,
either within or outside the Village, shall not be less than 50 feet.
C.
Rear yard depths shall not be less than 30 feet, except
that a side yard abutting property in a differently zoned district,
either within or outside the Village, shall not be less than 50 feet.
A.
The heights of buildings shall be the vertical distance
from finished exterior grade to topmost point of structure, including
any parapets and the like, measured at any point of the perimeter
of the building. At no point shall this height exceed 30 feet.
B.
Any story, any portion of the finished ceiling of
which is 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.
[Added 1-15-1968]
Notwithstanding the provisions of §§ 105-176 and 105-182A, flagpoles and radio and other electronic antennas and apparatus, the operation of which is a function of use and occupancy, are excepted from height limitations. Nothing contained in this section shall be construed to permit the use of commercial radio and television transmitters prohibited under § 105-169 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 antennae and apparatus.
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-B 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 as defined in § 105-207 hereof. None of this parking area shall be in the front yard area. In the rear yard and side yard areas, this parking area shall not be closer than 15 feet to any rear or side lot line, which fifteen-foot space shall be devoted to landscape screening as defined in § 105-179.
[Amended 12-15-1969]
B.
Despite any of the provisions of this section, in
the case of a group development, parking restrictions in front, rear
and side yard areas may be modified in the discretion of the Planning
Board to accommodate more advantageous grouping of structures.
C.
Vehicular access roads from public road or street
shall be not less than 175 feet apart, on centers.
A.
Effective landscape screening, at least eight feet
in height and at least 15 feet in depth, shall be provided and maintained
throughout the year. Such landscape screening shall be located around
the entire perimeter of the plot or group development, except at approved
vehicular road entrances.
B.
The remaining area of the lot or plot not occupied
by buildings or loading and unloading area, 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 or paved parking areas of streets shall be
planted with grass.
C.
A chain-link fence at least six feet in height shall
be installed around the entire perimeter of a plot or group development,
except at approved vehicular road entrances.
A.
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 the Planning Board shall be so conditioned.
B.
The disposition of sanitary sewage shall be made through
sanitary sewer 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 any approval of general building plans
and site plan by the Planning Board shall be so conditioned.
C.
The disposition of any and all effluents, other than
storm-water 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
Water Pollution Control Board, and any approval of the general building
plans and the site plan by the Planning Board shall be so conditioned.
Buildings and structures 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 Code.[1]
A.
Signs visible from outside the plot area, except as
they provide identification, appropriate directions and parking instructions,
are prohibited.
B.
Signs visible from outside the plot area providing
identification shall be limited to:
(1)
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 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 road from which access to the site is
obtained. Such letters shall not exceed 24 inches in height.
(2)
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 six feet above the ground. No such sign shall, in any
event, be located within 200 feet from any residential district, either
within or outside the Village.
C.
Any permitted or mandatory signs hereinabove described
may be illuminated in any reasonable manner, provided that floor,
spot or other type of illumination used for that purpose shall not
present any glare to any viewpoint outside the plot or lot on which
the sign is located.
A.
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 or lot, 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 all matters pertinent to
and covered by this Article.
B.
The said application and related 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.
C.
With and upon the filing of an application relating
to contemplated new construction on a previously undeveloped plot
or lot, there shall be paid to the Village a minimum filing fee of
$200 covering the first three acres, plus $25 per acre for each additional
acre or fraction thereof. The site plan shall show the total acreage
to the nearest third figure.
D.
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 Building Code, as building permit fee.[1]
A.
Except as hereinabove modified or qualified, all construction
in this district shall conform to the prevailing Building Code of
the Incorporated Village of Lake Success, New York.[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 issued, must be prominently posted on site under cover from
weather for the cognizance of qualified inspectors under any pertinent
jurisdiction.
B.
The said building permit shall be issued by the Building
Inspector only after:
(1)
The owner shall have filed in triplicate with
the Building Inspector:
(a)
Application for building permit.
(b)
Complete building plans.
(c)
Complete site plan.
(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 of both, as may be pertinent to the intended
alteration.
(f)
Evidence, in 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.
(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 use and 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.
Shall it be determined in the findings of the Building
Inspector that the use and occupancy related to any plot or lot in
this district shall deviate from the use and 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 use and occupancy for the premises shall become void, without further
or additional notice.
[Amended 1-19-1970]
A.
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.
