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:
In any residential district, the following uses
shall be permitted, provided that they are accessory to an authorized
use:
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.
(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.
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.
(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.
(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.
(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.
(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.
