[Amended 1-22-2024 by L.L. No. 1-2024]
In any residence district, no building or premises shall be used and no building shall be erected or structurally altered which is arranged, intended or designed to be used for other than one or more of the following uses:
A. 
Single-family dwelling other than transient rental property.
B. 
Church or school.
C. 
Philanthropic institution, other than a penal or corrective institution, or hospital.
In any residential district, the following uses shall be permitted, provided that they are accessory to an authorized use:
A. 
Garage, subject to the limitations of § 345-33.
B. 
An announcement sign as accessory to the following uses only and subject to the following limitations:
[Amended 1-7-1991 by L.L. No. 1-1991]
(1) 
In connection with an authorized professional or customary home occupation carried on by a person residing on the premises, there may be displayed a small nameplate with a simple statement of the profession or of the nature of the occupation.
C. 
A temporary sales office as an accessory to a real estate subdivision or development.
D. 
Office of a physician, surgeon, dentist or other professional person, provided that such office is located in the dwelling or apartment used by such professional person as a private residence.
E. 
Any customary home occupation, provided that the same is carried on in the dwelling or apartment occupied as a private residence by the person carrying on such home occupation, and provided further that approval therefor is obtained from the Zoning Board of Appeals at a public hearing.
It shall be unlawful to erect, alter or use any part or portion of a one-family dwelling as a store or place of business, and such use therein is hereby prohibited, except that a legally recognized professional occupation may be pursued therein by a person residing on the premises, as provided in § 345-17.
[Added 9-22-1986 by L.L. No. 6-1986]
A. 
Any premises or any portion thereof that is used for business of any nature whatsoever requires that a toilet room be made accessible, available and operable on said premises or in any portion thereof for any person or persons occupying said premises or any portion thereof as set forth in this section.
B. 
The supplying and furnishing of a toilet room must be made accessible, available and operable at all times to any person or persons occupying said premises, with the expressed or implied consent of the owner, landlord or tenant thereof, only when said person or persons occupying said premises or any portion thereof are not the owner, landlord or tenant of said business premises or any portion thereof.
C. 
The violation of this section shall be punishable by a fine of up to $250, with a minimum mandatory fine of $100, and/or imprisonment for up to 15 days of the owner, landlord or tenant thereof, and the violation of this section may result in the suspension or termination of the business certificate of occupancy for said premises.
[Amended 12-27-1982 by L.L. No. 18-1982]
In any business district, no building or premises shall be used and no building shall be erected or structurally altered which is arranged, intended or designed to be used for other than one or more of the uses permitted in the district in which said building or premises is located. The uses permitted in each business district shall be as follows:
A. 
Store for retail trade.
B. 
Bank, office or studio.
C. 
Restaurant.
D. 
Railway or bus passenger station, post office, telegraph office or express office.
E. 
Theater, moving-picture house, assembly hall, billiard or pool room, bowling alley or athletic field.
F. 
Motor vehicle salesroom.
G. 
Printing plant.
H. 
Mortuary.
I. 
Hand laundry.
J. 
Wholesale business, storage in bulk or warehouse for such material as building material, contractor's equipment, clothing, cotton, drugs, dry goods, feed, food, furniture, hardware, ice, machinery, metals, paint and paint materials, pipe, rubber, shop supplies, tobacco and wool.
A. 
In Business G District, no building or premises shall be used and no building shall be erected or structurally altered which is arranged, intended or designed to be used for any of the following uses except on special permit as provided in § 345-11B(3):
(1) 
Fairgrounds or circus grounds.
(2) 
Penal correctional institution, hospital or sanatorium for the insane or feebleminded or for liquor or drug addicts.
(3) 
Commercial billboards or large business or advertising signs.
(4) 
Cold storage plant, ice manufacture, creamery, ice cream manufacture, bottling works, milk bottling or central distributing station or baking plant.
(5) 
Dyeing or cleaning plant or power laundry.
(6) 
Stable or wagon shed, veterinary hospital or blacksmith or horseshoeing shop.
(7) 
Streetcar barn, streetcar repair shop, freight terminal, grain elevator or railroad yard.
(8) 
Coal, coke or wood yard or lumber yard.
(9) 
Storage of live poultry or poultry killing or dressing for sale at retail on the premises.
(10) 
Commercial greenhouse or dairy.
(11) 
Foundry.
(12) 
Stonecutting or monument works.
(13) 
Central electric light or power generating plant or central steam plant.
(14) 
Bag cleaning or carpet cleaning.
(15) 
Brewing or distilling of beverages.
(16) 
Dextrine, glucose or starch manufacture.
(17) 
Grain drying, poultry feed manufacture from refuse mash or refuse grain or flour or feed mill.
(18) 
Poultry slaughterhouse.
(19) 
Gas manufacture from coal, coke or petroleum or the storage thereof, carbon or lampblack manufacture or petroleum storage in quantities other than tank car lots.
(20) 
Power forge structural iron or pipe works, rock crusher or railroad roundhouse or shop.
(21) 
Acetylene gas manufacture or oxygen manufacture.
(22) 
Celluloid manufacture.
(23) 
Paper manufacture or plaster manufacture.
(24) 
Disinfectant or insecticide manufacture.
(25) 
Asphalt manufacture or refining, coal distillation or tar distillation.
(26) 
Pickle, sauerkraut or vinegar manufacture or soap manufacture.
(27) 
Rawhides or skins, curing or tanning or wood scouring.
(28) 
Small arms ammunition or fireworks manufacture.
(29) 
Abattoir or meat-packing.
(30) 
Scrap iron or junk storage, automobile wrecking yard, scrap paper or rag storage, sorting or baling.
(31) 
Brick, tile or terra-cotta manufacture or sand or gravel pit.
(32) 
Any process or business emitting dust, odor, gas fumes, noise or vibration comparable in character or in aggregate amount to that of any use specified in Subsection A(1) through (31) inclusive.
(33) 
The reclaiming, distilling or refining of hydrocarbon material collected from oil separators.
(34) 
Manufacturing or industrial operation of any kind not heretofore listed in this section and exclusive of prohibited uses listed in § 345-25.
(35) 
Wholesale business, storage in bulk or warehouse for such material as building material, contractor's equipment, clothing, cotton, drugs, dry goods, feed, food, furniture, hardware, ice, machinery, metals, paint and paint materials, pipe, rubber, shop supplies, tobacco or wool.
[Added 1-7-1991 by L.L. No. 1-1991]
The provisions and limitations applying to the Business GG District shall be the same as for the Business G District, except that permits for construction in the Business GG District shall be issued pursuant to the following conditions:
A. 
Roofs. Flat-roof buildings shall be permitted.
B. 
Storage of trash. Any and all buildings erected or constructed shall make provisions for the storing of rubbish, wastepaper, garbage, etc., within the building.
C. 
Merchandise delivery. No front door delivery of merchandise shall be permitted.
D. 
Parking: to be in conformance with § 345-35.
[Amended 1-7-1991 by L.L. No. 1-1991]
E. 
Drainage of parking facilities. At the time of construction or installation of parking facilities, the owner and/or builder shall erect same pursuant to specifications submitted by the Village Engineer in order to ensure adequate drainage.
[Added 12-19-1977 by L.L. No. 14-1977]
A. 
Purpose.
(1) 
It is the intent of the Board of Trustees to establish a conditionally permitted use in the Business GG District.
(2) 
It is the intendment of this section that a viable cluster development, constructed and maintained pursuant to the requirements of this section, will promote the health, safety, morals and general welfare of the community.
B. 
General regulations and conditions for cluster development. Notwithstanding any provisions to the contrary contained in this chapter of the Code of the Village of Massapequa Park, the following regulations shall pertain to cluster development:
(1) 
Cluster development of single-family dwellings in detached, semidetached or attached structures in a Business GG District shall be conditionally permitted on any site containing at least 15 acres of contiguous property not divided by an existing public or private street or right-of-way.
(2) 
Notwithstanding anything set forth in § 345-17 to the contrary, no professional or customary home occupation or school shall be permitted in such cluster development.
(3) 
Density and building area.
(a) 
The density of occupancy of said site shall not exceed 10 single-family dwelling units per acre, and the total building area of all buildings on the site shall not exceed more than 25% of the total area of the site.
(b) 
For the purposes of this Subsection B(3), "building area" shall be defined as the area of the maximum horizontal cross section of the buildings on the site, excluding cornices, eaves, gutters or chimneys projecting not more than 24 inches.
(4) 
Height. No building shall exceed 2 1/2 stories or 30 feet. No more than 60% of the dwelling units constructed on the site shall exceed one story or 25 feet.
(5) 
Habitable floor area.
(a) 
No single-family dwelling unit shall be erected unless it has a habitable floor area of at least 800 square feet.
(b) 
For the purposes of this subsection, "habitable floor area" shall be defined as the rooms occupied by one or more persons for living, eating and/or sleeping, but does not include attached or built-in garages, open porches or open terraces or rooms below grade. On the first floor, it shall be construed to mean all finished floor area having a clear headroom of 7 1/2 feet or over, including stairwells; on the second floor, all finished or unfinished floor area having a clear headroom of 7 1/2 feet or over for a minimum horizontal measurement of six feet, with side walls not less than 5 1/2 feet in height.
(6) 
Front yards.
(a) 
Each building shall have a minimum front yard depth of 22 feet on all interior streets. On a corner lot, a front yard shall be required on each interior street. The front yard on the narrower street frontage shall be a minimum of 15 feet; the other street frontage shall be a minimum of 22 feet. Such front yards shall be measured to the face of the curb. No building shall front on an exterior street.
(b) 
Notwithstanding anything herein to the contrary, if no driveway or other parking area is provided in front of a unit or if a driveway of no more than 28 feet in length and no less than 22 feet in length is provided in conjunction with a carport, the minimum front yard depth for such unit shall be 15 feet. However, no more than two units on the same street, each having a front yard depth of less than 22 feet, including units on corner lots with permissible fifteen-foot front yards, may be situated within 100 feet of each other, and both of such units shall be situated at least 100 feet from any other unit on the same street having a front yard depth of less than 22 feet. Said one-hundred-foot distance shall be measured along the center line of such street between two perpendicular lines, one each drawn from such street to the point on the perimeter wall of each such unit closest to the other unit from which the hundred-foot distance must be maintained.
(7) 
Rear yards and side yards. Each building shall have a minimum rear yard of 15 feet and a minimum side yard of 12 1/2 feet. The rear and side yards for buildings abutting exterior streets shall be measured from the building to the property line and shall not include the Village right-of-way. Notwithstanding anything herein to the contrary, when any such rear or side yard adjoins land in a business district not used for cluster development as provided herein, such rear or side yard shall be a minimum of 25 feet, and when any such rear or side yard adjoins a structure, including a fence, used for recreational purposes in a cluster development, such rear or side yard shall have a minimum distance of 50 feet.
(8) 
Minimum distance to business buildings. Each building shall have a minimum distance of 60 feet from business buildings; for the purpose of this Subsection B(8), a loading platform shall not be deemed a part of a business building.
(9) 
Minimum distance to commercial lots and roadways. Each building shall have a minimum distance of 30 feet from commercial parking lots and commercial roadways. Landscaped buffer areas in commercial parking lots and along commercial roadways may be included in said 30 feet.
(10) 
Maximum length. No building shall exceed 300 feet in length unless the rear yard of such building abuts an exterior street, in which case such building may exceed 300 feet in length, but in no event shall it exceed 335 feet in length. However, there shall be no more than one such building in excess of 300 feet in length for the first 15 acres of site area and one additional such building for each additional 15 acres of site area or any lesser portion thereof. No more than four contiguous units shall be placed so that the foundation line is in a straight-line extension.
(11) 
Walkways. No common area or public passageway through a building shall be less than 25 feet in width.
(12) 
Minimum distance. There shall be a minimum distance of 25 feet between buildings.
(13) 
Access. Every dwelling unit shall have access to a street, court or walkway.
(14) 
Parking. There shall be provided on the site at least 2.25 off-street parking spaces for each dwelling unit on the site. All such parking spaces shall be restricted to the parking of private passenger cars. No parking area for the parking of four or more vehicles shall be constructed within 15 feet of the closest wall of any dwelling unit unless such wall contains no doors or windows on the first floor, in which case such distance may be less than 15 feet, but in no event shall such distance be less than 10 feet.
(15) 
Streets, curbs and sidewalks.
(a) 
All streets, curbs and sidewalks provided on the site plan shall be constructed at the cost of the applicant, pursuant to the minimum standards set forth in Chapter 300, Articles II and III. Street width shall be a minimum of 30 feet between the curblines. Simultaneously with the approval of the conditional use permit, the applicant and owner shall execute, in form satisfactory to the Village Attorney, an irrevocable offer of dedication to all streets, together with a ten-foot right-of-way along each side of such street.
(b) 
In the alternative, in the event that the applicant desires to maintain all interior streets as private streets, the applicant shall submit to the Board of Trustees covenants and restrictions, in such recordable form as shall be approved by the Village Attorney, providing that:
[1] 
The owners of the site shall maintain, repair, clean and remove snow from such private streets and perform such other work as shall be required, including the erection and maintenance of street and safety signs and lighting.
[2] 
In the event of a breach of such covenants and restrictions, the Village shall have the right to enter upon such private roads and to perform such maintenance and repair as may be necessary and proper to ensure the safe passage thereover and to levy a special assessment against all of the land served by such private roads for reimbursement of all of the costs incurred therein.
[3] 
There shall be no parking allowed on either side of any such street; parking may be allowed on one side of any street which shall have a minimum width of at least 30 feet, subject to the approval of the Board of Trustees; and no parking shall be allowed on any street less than 30 feet in width. The Village shall have the right to enforce such traffic regulation in order to protect the safety and welfare of the residents of the site.
[4] 
Said covenants and restrictions shall run to and inure to the benefit of the Village and shall not be amended, modified or extinguished except with the consent of the Board of Trustees.
(c) 
Upon the filing of such covenants and restrictions, the width of such said private streets which are dead ends and which do not exceed 300 feet in length, measured from the intersecting street nearest the dead end, may be reduced from 30 feet to a width which is not less than 24 feet between the dead end and such intersecting street. Notwithstanding the foregoing, if two such private streets would be dead ends except for the fact that they are connected by a third street and such third street is less than 200 feet in length, does not intersect with any other street and intersects with both of such streets within 100 feet from their dead end, then and in that event all three of said streets may be reduced from 30 feet to a width which is not less than 24 feet. In no event, however, shall any dwelling unit be more than 300 feet along the roadway from an interior street at least 30 feet in width; and in no event shall more than 30% of the total roadbeds of all the interior streets have a width of less than 30 feet.
(16) 
Recreation and parks.
(a) 
Adequate and suitable area shall be provided for public recreation and parks. The minimum area to be dedicated to the Village for such purposes shall not be less than 5% of the entire area as shown on the site plan for which the conditional use permit is sought. The minimum area to be dedicated to the Village shall not include any recreation or park area not open to the public.
(b) 
If the Board of Trustees determines that a suitable park or parks of adequate size cannot be properly located within the subject area or is otherwise not practical, the Board of Trustees may require as a condition to approval of any conditional use permit a payment to the Village of a sum to be determined by the Board of Trustees after consultation with an appraiser appointed to determine such sum by the Board of Trustees, which sum shall constitute a trust fund to be used by the Board of Trustees exclusively for neighborhood park, playground or recreation purposes, including the acquisition of land.
(c) 
At the option of the applicant, the applicant may, in lieu of paying said sum, simultaneously with the approval of a conditional use permit, post a bond in a form approved by the Village Attorney to ensure the payment of said sum or such lesser sum as may be finally determined by a court of competent jurisdiction if the sum determined by the Board of Trustees is challenged in a New York State court of competent jurisdiction within 30 days from the date the conditional use permit is granted.
C. 
Accessory structures and uses.
(1) 
All outdoor pools shall comply with the following:
(a) 
There shall be no more than one swimming pool and one wading pool, which shall be of below-ground type and constructed in accordance with § 345-41 of the Code of the Village; such pools shall comply with all rules and regulations of the Department of Health of the County of Nassau for public pools.
(b) 
Such swimming pools or wading pools and any and all decorative pools, including drainage pools, shall be shown on the site plan and shall be permitted by the Board of Trustees upon a finding that such pools and ancillary equipment facilities will:
[1] 
Not adversely affect the public health, safety and general welfare.
[2] 
Be limited to use by members and guests of the cluster development.
[3] 
Not depreciate the value of the property in the area immediately adjoining the land being so used.
[4] 
Not alter the essential character of the neighborhood.
[5] 
Not be located so as to be visible from adjoining residential properties nor interfere with the use and enjoyment of adjoining properties.
(c) 
For the purposes of this Subsection C, lakes, ponds and sumps shall not be considered "outdoor pools."
(2) 
Outdoor tennis courts shall be considered accessory structures and subject to the following requirements:
(a) 
There shall be no more than one tennis court provided for the first 100 dwelling units and one additional tennis court for each additional 100 dwelling units or any lesser portion thereof.
(b) 
No lighting shall be installed in connection therewith which shall direct any rays beyond the tennis court or any surrounding recreational or parking area.
(c) 
All tennis courts shall be completely enclosed with a chain link fence which shall be constructed and maintained in accordance with the following specifications so long as the tennis courts remain in existence:
[1] 
Height shall be not less than 10 feet nor more than 12 feet above the playing surface.
[2] 
Fabric shall be not less than No. 9 gauge steel, having a uniform square mesh with two inches between parallel sides, and the mesh shall have a green plastic coating.
[3] 
End and corner posts shall be two-and-one-half-inch 1D galvanized pipe with a wall of thickness of 0.203 of an inch.
[4] 
Line posts shall be two-inch 1D galvanized pipe with a wall thickness of 0.154 of an inch.
[5] 
Horizontal lines. There shall be three horizontal rails running between the vertical posts, situated at the top, center and bottom of the chain link fabric. These rails shall be one-and-one-fourth-inch 1D galvanized pipe having a wall thickness of 0.14 of an inch.
[6] 
Distance between posts shall be not more than 10 feet.
(d) 
All tennis courts and the fencing surrounding the same shall be completely screened from adjoining properties by a living screen of coniferous trees. Said trees shall be at least eight feet in height when planted and shall be planted five feet on center along and four feet from the fence surrounding the court on all sides of the court not immediately adjoining other tennis courts on the same lot. Said coniferous screening shall consist of Canadian hemlock on or alternate approved by the Board of Trustees and shall be maintained so long as the tennis court remains in existence.
(e) 
The height of the playing surface of the tennis court shall not be above the existing mean level of the ground immediately surrounding the court area prior to construction of the court.
(f) 
No tennis court shall be constructed or maintained so as to permit any drainage water to flow onto adjacent properties or public streets.
(3) 
Swimming pools, wading pools and tennis courts shall be used only at such hours as will not interfere by reason of lighting or noise with the neighbors' reasonable use of their premises.
D. 
Application requirements.
(1) 
An application (10 copies) for a conditional use permit for a cluster development in the Business GG District shall be in writing and filed with the Village Administrator and shall be accompanied by a plan (10 copies) which shall conform to the regulations and procedures of this section. In addition to any other requirements, the application shall be made and verified by either all of the fee owners, all of the contract vendees or all of the lessees of all premises described in the application. If made by all of the contract vendees or lessees, the consent of the owners of the fee shall accompany the application, all of which shall be duly acknowledged before a notary public, consenting to and adjoining in the request for approval of the application. An affidavit of title to all the property included in the application shall be submitted, showing the owners, lessees, mortgagees and vendees and any encumbrances or limitations thereon. The application shall also contain a written statement which sets forth the proposed treatment of any open land section of the site, the proposed method or type of ownership thereof and the designation of responsibility for its maintenance.
(2) 
The application shall also contain the projected initiation and completion dates for the proposed construction, as well as information describing the applicant's past performance and financial ability to complete said construction within such period of time.
(3) 
The application shall fully set forth a complete plan and schedule for developing the overall project.
(4) 
Upon the filing of an application, there shall be deposited with the Village Administrator a sum of not less than 1/10 of 1% of the estimated cost of the buildings, improvements and facilities shown on the site plan, to be applied by the Village to the expense incurred by the Village in connection with the processing and review of the application, including prior informal submissions and reviews, which shall include items such as but not necessarily limited to: planning, legal, advertising and public notices (by both publication and mail), architectural costs, engineering costs, stenographer minutes, inspection fees and recording fees, changes in maps and other similar expenses of the Village or any of its commissions, boards, agencies or employees. The fee may be used in part to cover the cost of planning and environmental reviews under local, county or state law. Any excess after payment of such expenses by the Village shall be refunded to the applicant. In the event that such sum is insufficient to cover said expenses, the additional sum required shall be paid by the applicant to the Village Administrator before authorization is given for the public hearing. In no event, however, shall the applicant be required to deposit with the Village a sum in excess of 1/2 of 1% of the estimated cost of the buildings, improvements and facilities shown on the site plan.
(5) 
The application shall be accompanied by a general site plan, in triplicate, providing sufficient information to allow the Board of Trustees to meet the review requirements of this section. Said site plan shall be prepared at a scale of not less than one inch equals 100 feet, with supporting maps at such scales as necessary to clearly indicate the following:
(a) 
The topography of the site, existing major trees and landscape and environmental features and any existing structures.
(b) 
Existing property boundary lines, setbacks and location of proposed structures.
(c) 
The outline of typical unit perimeters, including elevation of basement and cellar areas at doorway openings, first floor elevations and roof elevations.
(d) 
The proposed topography, including elevations at corners of buildings, parking areas and grades of other significant construction areas.
(e) 
The height of typical buildings and structures.
(f) 
The location, nature and ownership of all proposed streets and parking areas.
(g) 
Designated parking spaces.
(h) 
Adjoining streets, access roads and walkways.
(i) 
The method of vehicular and pedestrian ingress and egress, including necessary off-site improvements and emergency access.
(j) 
Proposed landscaping, including type and size of trees, recreation facilities, fencing and exterior lighting.
(k) 
The proposed grading of the plot, to include the disposal of surface water drainage and to indicate by report or map the effect of development on surrounding area drainage patterns.
(l) 
Specifications of pavement, including the subbase and curbing.
(m) 
A table showing the following data, both required and proposed: site size, number of units, land area, parking spaces, area coverage, height and common facilities.
(n) 
General methods of providing for collection and disposal of stormwater runoff and for handling sanitary sewage, refuse and other waste.
(o) 
Locations and plans for individual unit retention and storage of garbage, waste and refuse in conformity with Chapter 174, Article III.
(6) 
If the applicant determines to construct the proposed units in two or more sections, the applicant shall submit detailed site plans for each section, including on such site plans the information set forth in Subsection D(5) hereinabove, as well as temporary traffic routes and culs-de-sac, if necessary, and such other information as the Planning Commission or Board of Trustees may require.
(7) 
In addition, the general site plan shall be accompanied by sketches showing proposed architectural treatment, single-line floor plans showing layout of all typical units and the substance of all proposed restrictions and the text of all filed restrictions on the use of the land and buildings.
(8) 
If a cooperative, condominium or other form of development is proposed which would entail any form of common association or corporate ownership of common areas, the applicant shall submit a detailed statement outlining the structure of the proposed corporation or association, including a description of the proposed management and ownership of the various elements, including dwelling units, common areas, recreational facilities, parking facilities, streets, sanitary sewers, stormwater sewers, street, recreational and common area lighting; ground, building and facility maintenance; and recharge basin, sump or other water-holding area, as well as copies of all proposed and actual prospectuses offering statements, declarations, bylaws and other papers prepared pursuant to Real Property Law Article 9-B or any successor statute thereto.
(9) 
The applicant shall submit any other information deemed by the Board of Trustees or the Planning Commission in its discretion to be necessary to a reasonable determination of the application or verification by independent professionals, such as but not limited to planners, engineers or architects, including plans for the location, maintenance and repair of all common facilities. The provision of such information shall be at the cost of the applicant.
(10) 
The applicant shall also submit a radius map extending a distance of 300 feet from the site, showing all buildings within said radius, present owners, present uses and present zoning.
E. 
Application procedure.
(1) 
Upon receipt of the application for the conditional use permit, the Board of Trustees shall refer such application to the Planning Commission of the Village for its consideration. The Planning Commission shall consider all the requirements hereinabove provided for by this section and, in addition thereto, the following:
(a) 
Whether the proposed development is of such character, size, shape, location, design and site layout:
[1] 
To be appropriate to and in harmony with the surrounding properties;
[2] 
Will provide, to the maximum extent practicable, consistent with economic and other essential considerations of Village policy, the most desirable residential environment; and
[3] 
Will ensure, to the extent practicable, by street design, on-street parking and sidewalk construction and the size, type and location of off-street parking facilities, fences, walls, landscaping and other screening, lights and mechanical equipment, the safety, health and welfare of the residents of the district, the residents of the Village and the public at large.
(b) 
Whether the proposed development will be hazardous to or in conflict with the immediate neighborhood by reason of traffic, congregation of people, noise, lights, vibration or other factors of impact, inadequate off-street parking facilities or overburdening of existing sanitary or stormwater sewers or other utilities.
(c) 
Whether the proposed development, to the maximum extent practicable, consistent with social, economic and other essential consideration of state policy, minimizes or avoids adverse environmental effects.
(2) 
The Planning Commission, within 14 days after the date the application is referred to it by the Board of Trustees, shall notify the applicant by certified mail, return receipt requested, that it is in receipt of the application and that either the application is complete or the application is incomplete, specifying the additional information needed in order for the application to be deemed complete. If the application is deemed incomplete and the submission of further information is thereby required, the Planning Commission, within 14 days after the date each further submission is filed with the Village Administrator, shall notify the applicant by certified mail, return receipt requested, that it is in receipt of such submission and whether or not such submission completes the application, and if not, specifying the additional information needed. In the event that the Planning Commission fails to notify the applicant within 14 days after the application is referred to it or within 14 days after any further submission is filed with the Village Administrator that the application is or still is incomplete, then and in the event the application shall be deemed complete as of the date of the referral or the last submission, as the case may be. Within 60 days after the date the Planning Commission receives a complete application, including a complete general site plan and any and all other information required pursuant to Subsection D(6) through (9) for site plan review, in writing, it shall report to the Board of Trustees, making recommendations for the approval, approval with modification or disapproval of the site plan. The time within which the Planning Commission must render its report may be modified by the Board of Trustees.
(3) 
Upon receipt of the recommendations of the Planning Commission, the Board of Trustees shall fix a time within 20 days after its receipt of such recommendations for a public hearing on the application and shall deny or grant said application with such further modification as the Board of Trustees shall deem necessary and proper within 10 days after the closing of the public hearing. Upon the granting of such application, the Building Inspector shall accept and pass upon an application for building permits in conformity therewith. However, no building permits shall be issued for any residential building, except models, until all recreational areas (swimming pools, tennis courts, clubhouses and other recreational structures), parks and other amenities as shown on the site plan have been completed and until all utilities for such building have been installed and until a base of a road and curbs leading from the proposed building to an exterior street shall have been completed.
F. 
Bonding. Prior to the commencement of any work pursuant to a conditional use permit granted under this section, the applicant shall file with the Village Administrator a labor, material and performance bond in such amount and in such form as shall be approved by the Village Attorney to ensure the completion of all roads, sidewalks, stormwater drainage, sanitary sewage transmission and disposal, electricity, gas, lights and telephone services and equipment and other utilities and all recreation areas, parks and other amenities as set forth in the site plan, within three years from the issuance of said bond, together with an easement in such form as shall be approved by the Village Attorney, granting permission to the Village to enter upon the subject property to complete such work. Said three-year period may be extended by resolution of the Board of Trustees with the consent of the bonding company.
G. 
Certificates of occupancy.
(1) 
No final certificate of occupancy shall be issued for any unit authorized pursuant to this section until all roads, sidewalks, stormwater drainage, sanitary sewage transmission and disposal, electricity, gas, lighting and telephone services and equipment and other utilities to that entire building have been installed, completed and operative and all Health Department and other municipal agency and district approvals have been submitted to the Village, in writing, and all recreation areas, parks and other amenities have been completed as set forth in the site plan.
(2) 
Notwithstanding the provisions of § 154-30, no temporary certificate of occupancy shall be issued by the Building Inspector unless the developer deposits 5% of the selling price of the unit with an attorney or lending institution designated by the purchaser and approved by the developer as security that a final certificate of occupancy shall be obtained by the developer within six months from the date of issuance of the temporary certificate of occupancy. If within six months from the date of issuance of the temporary certificate of occupancy the final certificate of occupancy is not issued, said escrow shall be used for the benefit of the purchaser to obtain a final certificate of occupancy. The balance of such escrow, if any, after obtaining the final certificate of occupancy, shall be returned to the developer. No temporary certificate of occupancy shall be valid for a period in excess of six months, and no temporary certificate of occupancy shall be renewed without the approval of the Board of Trustees.
H. 
Conditions. In approving any application for a conditional use permit under this section, the Board of Trustees shall impose such reasonable conditions as it deems necessary to ensure that the cluster development approved by it is completed expeditiously and in accordance with the approved site plan and in such manner as will not cause an undue burden on Village facilities or a nuisance to Village residents.
I. 
Reservation of power. In order to protect the interests of the Village in implementing a cluster development, the Board of Trustees reserves to itself the power to modify specific requirements of this section or any other provisions of the Village ordinances to promote the viability or aesthetic appearance of the development in furtherance of the purpose of this action.
J. 
Public hearing.
(1) 
The Board of Trustees shall hold a public hearing prior to its grant, denial or modification of any application for a conditional use permit under this section or of any request for a modification of the specific requirements of this section or of any other provisions of the Village ordinances with regard to a past, present or future application under this section.
(2) 
At least 10 days prior to such hearing, the Village Administrator shall, at the applicant's expense:
(a) 
Give public notice of the hearing in the official newspaper of the Village, if any, or if none, in a newspaper having general circulation within the Village.
(b) 
Supply public notices of the hearing to the Highway Department for posting in designated places within the Village.
(c) 
Mail a notice of the hearing to each of the owners of property within a radius of 300 feet of the site. A list of the names and mailing addresses of such property owners, together with a designation, by reference to the section, block and lot on the Nassau County Land and Tax Map, of the property owned by such persons, shall be provided by the applicant to the Village Administrator at least four business days prior to the required date for mailing.
A. 
In any district, no building or premises shall be used and no building shall be erected or structurally altered which is arranged, intended or designed to be used for any of the following uses:
(1) 
Manufacture of explosives, storage of explosives in bulk.
(2) 
Chlorine or hydrochloric acid, nitric, picric or sulfuric acid manufacture; smelting of copper, tin, zinc, lead or iron ore.
(3) 
Ammonia, bleaching powder or other chemical plants emitting corrosive or toxic fumes carrying beyond the limits of the premises.
(4) 
Petroleum or kerosene refining or distillation or derivation of by-products.
(5) 
Distillation of bones; fat rendering and manufacturing of tallow, grease or oils; offal or dead animal reduction; stockyards; fertilizer manufacture; or hair manufacture.
(6) 
Glue, size or gelatin manufacture where the process includes the refining or recovering of products from fish, animal refuse or offal.
(7) 
Boilermaking; locomotive manufacture; railway car manufacture; steel furnace, blooming or rolling mill.
(8) 
Cement, lime, gypsum or plaster of paris manufacture.
(9) 
Garages (other than residential use), gasoline or filling stations and motor vehicle repair shops in residential districts.
(10) 
Any manufacturing or industrial process emitting dust, odor, gas fumes, noise or vibration comparable in character or in aggregate amount to that of any use specified in Subsection A(1) through (8).
(11) 
Coin-operated dry-cleaning establishment, meaning the cleaning of textiles, fabrics, garments or other articles by the use of any solvent other than water in a dry-cleaning machine designed to be used or used by the general public. For the purpose of this definition, the term "used by the general public" shall be deemed to refer to the insertion of such textiles, fabrics, garments or other articles into a dry-cleaning machine or the removal of the same from such unit by a person other than an employee of the business or person owning and operating such establishment.
(12) 
Coin-operated dry-cleaning machine, meaning the machinery, unit or equipment in which the business of coin-operated dry cleaning shall be conducted.
(13) 
The sale of marijuana is expressly prohibited in any business establishments in the Village. This prohibition shall include medical marijuana distribution facilities licensed through the New York State Department of Health.
[Added 2-8-2016 by L.L. No. 1-2016]
(14) 
Establishment, facility, shop, office, parlor, business or other nonresidential premises, the primary or ancillary use of which includes or is intended to include smoking of substances through one or more hookah pipes (also commonly referred to as "hookah," "water pipe," "shisha," "narghile," or "bong") or any other similar equipment or device.
[Added 2-8-2016 by L.L. No. 1-2016]
B. 
The erection of playhouses or similar structures shall be prohibited in residential districts.
A. 
Scope of term. Any use of property existing on June 29, 1937, that does not conform to the regulations prescribed in the preceding sections of this article shall be deemed a nonconforming use.
B. 
Continuance. A nonconforming use may be continued, subject to such regulations as to the maintenance of premises and conditions of operation as may in the judgment of the Zoning Board of Appeals be reasonably required for the protection of adjacent property.
C. 
Extension. A nonconforming use shall not be extended by the extension of a use to any portion of a building, which portion was not arranged or designed for such nonconforming use on June 29, 1937.
D. 
Reconstruction or alteration of building. A building arranged, designed or devoted to a nonconforming use on June 29, 1937, may not be reconstructed or structurally altered to an extent exceeding in cost 25% of the fair value of the building unless the building is changed to a conforming use.
E. 
Nonconforming billboard. A nonconforming billboard which is damaged by the elements to such an extent that its supporting members are broken shall be deemed to have been destroyed and shall not be reconstructed.
F. 
Nonconforming filling station. A nonconforming filling station shall not be extended by the installation of additional pumps or other devices for dispensing fuel.
G. 
Change of nonconforming use. A nonconforming use shall not be changed except to a conforming use. A nonconforming use, if changed to a conforming use, may not thereafter be changed back to a nonconforming use.
[Added 1-22-2024 by L.L. No. 1-2024]
A. 
A violation of this article is a violation as that term is defined in the New York State Penal Law.
B. 
Notwithstanding any provision of this Code inconsistent herewith, for each violation of this article, the owner and any person who is in charge of the subject property at the time of the violation shall be liable for a fine of not less than $3,500 for the first violation; for a second and any subsequent violation, the fine shall be no less than $7,000.
C. 
Each week that the violation continues to exist shall constitute a separate and distinct violation.
[Added 1-22-2024 by L.L. No. 1-2024]
A. 
The Building Inspector and/or his or her assistants shall be responsible for investigating and documenting violations of any case of illegal occupancy within the Village.
B. 
Prosecutions for violations of this article may be instituted in the Village Justice Court, the District Court of the County of Nassau or any other court of competent jurisdiction.
C. 
The Village Attorney may, upon direction of the Board of Trustees, institute an action in the Supreme Court of the State of New York, County of Nassau, for appropriate relief where it appears under the circumstances that the imposition of a fine alone would not be adequate.