[HISTORY: Adopted by the Board of Trustees of the Village of Lake
Success 6-5-1978 by resolution. Amendments noted where
applicable.]
The Planning Board is hereby authorized, simultaneously with the approval
of the plat or plats pursuant to Article 7 of the Village Law, to modify applicable
provisions of the Building Zone Ordinance of the Incorporated Village of Lake
Success,[1] subject to the conditions hereinafter set forth.
The purposes of such authorization shall be to enable and encourage
flexibility of design and development of land in such a manner as to promote
the most appropriate use of the land, to facilitate the adequate and economical
provisions of streets and utilities and to preserve the natural and scenic
qualities of open lands.
[Amended 2-14-1994 by L.L. No. 3-1994]
The owner shall make written application for such modification, which may be granted if, in the discretion and judgment of the Planning Board, such application would benefit the village. In the absence of an application from the owner, the Planning Board may impose the modifications set forth in § A121-4 as a condition of plat approval.
[Amended 2-14-1994 by L.L. No. 3-1994]
A.
This authorization shall be applicable only to lands
in the Residence AA, Residence A and B-1 Districts, and its application shall
result in a permitted number of dwelling units which shall, in no case, exceed
the number which could be permitted, in the Planning Board's judgment,
if the land were subdivided into lots conforming to the minimum lot size and
density requirements of the Building Zone Ordinance and conforming to all
other applicable requirements.
B.
The dwelling units permitted may only be single-family
detached structures.
C.
In the case of lands in the Residence AA District, no
modification of applicable provisions of the Building Zone Ordinance shall
be allowed if such modification results in less restrictive requirements than
those required for the Residence A District.
D.
In the case of lands in the Residence A District, no
modification of applicable provisions of the Building Zone Ordinance shall
be allowed if such modification results in less restrictive requirements than
those required for the Residence B-1 District.
E.
In the case of lands in the Residence B-1 District, no
modification of applicable provisions of the Building Zone Ordinance shall
be allowed if such modification results in less restrictive requirements than
those required for the Residence B-2 District, except that the minimum lot
size shall be ten thousand (10,000) square feet, provided that the average
lot size shall not be less than thirteen thousand (13,000) square feet.
The proposed site plan, including areas within which structures may
be located, the height and spacing of buildings, open space and their landscaping,
off-street open and enclosed parking spaces and streets, driveways and all
other physical features as shown on said plan or otherwise described, accompanied
by a statement setting forth the nature of such modifications, changes or
supplementations of existing zoning provisions as are not shown on said site
plan, shall be subject to review and public hearing by the Planning Board.
