This article shall apply to a planned community business center
as hereinafter provided and shall be known as a "Business A District."
A.
A building may be erected, altered or used and a lot or premises
may be used for any of the purposes set forth in this article and
for no other purposes or uses.
B.
Permitted uses shall be as follows.
(1)
Bank, studio, offices, municipal, or restaurant, provided that there
shall be no entertainment or dancing in connection therewith. The
use "restaurant" means an establishment where tables and chairs are
provided for securing and consuming food and/or beverages within the
building only.
(2)
Shops for personal service.
(3)
Retail stores for the sale of dry goods, hardware, clothing, furniture,
household furnishings and supplies, sporting goods, toys, stationery,
jewelry, radio, television, musical and/or scientific instruments,
cameras and photographic supplies, electrical appliances and supplies,
drugs, cosmetics, food articles and beverages. The retail sale of
similar related articles to the aforementioned may be permitted when
specified in the application for the change of zone to a Business
A District.
(4)
Advertising signs not exceeding 14 square feet in area for each enterprise
when attached to a building advertising the business conducted in
such store. Such signs shall not be permitted to be erected on the
roof of any building, nor shall two or more such signs be combined
so as to constitute one notice or advertisement. No part of any such
sign exceed a height of more than two feet. No illuminated sign shall
be placed within the interior of any premises so that the same shall
be nearer than five feet from any show window or exterior window.
No such illuminated sign shall in any event be of a neon or flashing
type. No signs of any type, whether temporary or permanent, shall
be affixed to the interior or exterior of any show window or exterior
window so as to cover more than 25% of the outside exposed surface
of any such window. Signs which are permitted to be erected, installed
or maintained shall be of a rigid material and so affixed to the premises
so as to prevent the same from moving, waving, flapping or turning.
All illuminated exterior signs shall be extinguished by 11:00 p.m.
or the closing time of the establishment, whichever is later, and
must remain extinguished until 8:00 a.m.
(5)
A gasoline service station when erected in connection with one or
more other building units. However, said gasoline service station
may be separated from such other building units by driveways and parking
areas. No certificate of occupancy shall be issued for a gasoline
station prior to the issuance of a certificate of occupancy for one
or more of the building units.
(6)
Incidental or accessory uses in connection with the foregoing principal
uses will be permitted, provided that they are housed within the main
building or buildings on the plot. No accessory buildings shall be
permitted.
(7)
Additional business uses, other than those herein specified, may
be granted within the discretion of the Board of Trustees on special
application therefor made at the time of filing of the application
for a change of zone to a Business A District.
(8)
Fences of any kind or description shall not exceed a height of six
feet six inches from ground level, except when permitted by the Board
of Appeals pursuant to the powers delegated to it under the Village
Law and under the provisions of this chapter. All fences shall be
so erected that the finished surface shall be faced outward.
[Amended 5-15-2000 by L.L. No. 2-2000]
The height of any building or structure shall not exceed 18
feet and within such limits shall be that best suited to the architectural
design and arrangement of all the buildings. All buildings shall conform
to the architectural design of the project. However, if the structure
exists at the time of the enactment of this chapter and it later is
destroyed by fire or other calamity, it may be rebuilt to its preexisting
as-built plans and specifications.
Every project under this article shall occupy a plot of not
less than one acre.
A.
The total coverage of buildings or structures shall not exceed 30%
of the plot area. The remaining 70% shall be divided among areas for
landscaped parks, sidewalks and accessory parking of vehicles, with
not less than 30% of the whole for accessory parking of vehicles and
means of ingress and egress thereto.
B.
The aggregate floor area of the buildings shall not exceed 40% of
the plot. Cellar floor area shall be excluded in computing floor area.
A marginal roadway of not less than 50 feet in width shall be
provided at the front of said project, and all buildings or structures
shall set back a minimum of 100 feet from any street or highway line.
A.
Front and rear areas for accessory parking of vehicles shall be provided.
The total aggregate square-foot area of such parking shall be, exclusive
of roadways for ingress and egress, at least four times the floor
area in said project for retail sales purposes, exclusive of stairwells,
hallways and areas used exclusively for storage purposes. Automobile
service stations shall not be included as a retail sales area in computing
such necessary parking area. Paved cement concrete dividers of a width
of four feet shall be used in constructing such parking areas. Loading
and unloading areas and areas for the parking of owners' and employees'
motor vehicles shall also be provided at the rear of such project,
the size of such areas to be determined by the Board of Trustees,
upon recommendation of the Planning Board, after full consideration
of the character of the various uses proposed to be included in such
project.
B.
Such parking area shall not be used for any purpose other than the
accessory parking of automobiles or other vehicles. In no case shall
the storage, servicing or dismantling of automobiles or other vehicles
be permitted in such area.
C.
Such parking area shall be adequately screened from the view of surrounding
property in accordance with the provisions shown on the approved site
plan as hereinafter required.
D.
Such parking area shall be connected with the highway by means of
a roadway at least 35 feet in width as means of ingress and egress
upon such highway.
E.
No application shall be made for a building permit or certificate
of occupancy for the construction, alteration or use of any building,
structure or premises for restaurant purposes, as defined herein,
unless parking spaces shall be provided and maintained upon the same
lot and within the same building zone, as follows:
(1)
At least one parking space of a size of 10 by 20 feet shall be provided
for motor vehicles for each three seats used to serve patrons of said
restaurant or one parking space for each 100 square feet of gross
floor area used to serve patrons of said restaurant, whichever is
greater.
(2)
All areas available for off-street parking and access driveways shall
be constructed in accordance with the specifications determined by
the Village Engineer of the Village of East Hills and the Building
Department of the Village of East Hills.
(3)
Only one access road to said parking area shall be permitted where
the property fronts on a state or county highway. Such access road
shall provide a separate means of ingress and egress with a traffic
separator at the entrance. Each separate means of ingress and egress
shall be at least 16 feet in width. All access driveways shall be
marked with arrows indicating the proper flow of traffic, and all
off-street parking facilities shall have individual parking spaces
appropriately marked.
(4)
Parking areas shall require such screening as the Village of East
Hills Building Department may deem necessary in order to prevent visual
impairment to the neighboring property owners or annoyance to the
occupants thereof. All parking areas shall be illuminated at night
during business hours, but no later than 1:00 a.m. Each illumination
and lighting plan shall be subject to prior design approval of the
Building Department and shall be so placed, constructed and shielded
so that no direct light from any light or fixture used to illuminate
said parking areas shall be directed or shine upon any neighboring
property.
F.
Shopping centers. Effective July 1, 1988, all shopping centers or
facilities containing five or more retail stores and providing 20
or more accessory parking spaces shall provide a minimum of 5% of
said parking spaces or 10 spaces, whichever is less, for off-street
parking spaces for the handicapped. The parking spaces designated
pursuant to the provisions of this subsection shall be clearly identified
for use by either handicapped drivers or other handicapped persons,
which designation shall include permanently installed above-grade
signs which display the international symbol of access and may include
the use of blue painted lines or markings. The parking spaces shall
be located as close as reasonably practicable to the shopping center
facility and shall be reasonably distributed to provide convenient
access and use by the handicapped.
[Added 5-2-1988 by L.L. No. 1-1988]
All proposed buildings not provided with municipal disposal
of sewage shall be equipped with an independent garbage disposal system
approved by the Nassau County Department of Health.
Suitable storage removable bins shall be provided for the storage
of garbage, refuse, rubbish, etc., and shall be approved as to size
and location by the Board of Trustees. This power of approval may
be specifically delegated by resolution to the Building Inspector.
Removal of all garbage, refuse and rubbish shall be the primary responsibility
of the owner and at the owner's sole cost and expense.
A.
All buildings and structures, roads, walks and parking areas authorized
under the provisions of this article shall conform to all applicable
laws, regulations and ordinances relating to construction, operation
and maintenance.
B.
No living quarters shall be permitted in any building, except that
provision may be made for the living quarters of a janitor or caretaker,
and shall be used for no other purpose.
C.
An application for a change of zone to a Business A District for
a planned community business center shall be filed with the Board
of Trustees. Such application must be in writing and must be accompanied
by a site plan and general building plans showing the design, location
and uses of buildings, structures and open spaces and accessibility
to municipal sewers or to an independent system approved by the Nassau
County Department of Health. Approval of such site plan by the Planning
Board will be required before the Board of Trustees will consider
such application for a change of zone.
D.
No ordinance will be adopted changing a zone to a Business A District
without there having been filed with the Board of Trustees:
(1)
Detailed plans and specifications for all buildings and structures
to be erected upon the premises.
(2)
A certificate of the Building Inspector, or such other engineers
or experts as the Board of Trustees may direct, that the plans and
specifications for such buildings and structures are so designed as
to provide compliance, as far as possible, to the minimum requirements
of the Village of East Hills Building Code,[1] adopted the 28th day of February 1955, and as thereafter
amended, and to provide proper sanitation, adequate guarding against
and minimizing of fire hazards, proper light and air, structural soundness
and such other construction as to ensure the safety of the persons
using such buildings and structures.
(3)
A certificate of compliance with requirements of the Department of
Labor of the State of New York.
E.
On the filing of an application for a change of zone to a Business
A District, there shall be deposited with the Village Clerk a sum
equivalent to 5% of the first $15,000 and 3% thereafter of the estimated
cost of the improvements and facilities shown on the site plan, exclusive
of buildings, to be applied by the Village to the expense incurred
by the Village in connection with the application for change of zone
or the change of zone, which shall include, but shall not be limited
to, advertising, architects, engineers, expert and legal fees, changes
in maps and other similar expense of the Village or any of its boards,
agencies or employees. Minimum deposits shall be $500. 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 Clerk before authorization is given for the public
hearing.
F.
On the filing of the detailed building plans and specifications with the Board of Trustees, as provided in Subsection D, there shall be deposited with the Village Clerk $100 plus $2 per $1,000 or any fraction thereof of the estimated cost of such building or buildings, to be applied by the Village to the expense incurred by the Village for examination and approval of the detailed building plans and specifications. Any excess after payment of such expenses by the Village shall be refunded to the applicant, and in the event that such expenses exceed the amount of the deposit, there shall be paid to the Village Clerk such additional sum before the adoption of the ordinance changing the zone to a Business A District.
G.
There shall be no construction of any of the facilities shown upon
the approved site plan, nor shall there be issued any building permit
for the construction of any buildings or structures upon the premises,
unless there shall be filed a performance bond issued by a surety
company, approved by the Board of Trustees, and in such form as shall
be approved by the Village Attorney, in an amount equal to the estimated
cost of the construction of the facilities to be erected on the approved
site plan and the estimated cost of the removal of the structures
or facilities and the restoration of the land to its previous condition,
which performance bond shall include an obligation to remove any structures
or facilities and to restore the land to its previous condition, provided
that the facilities or buildings for which the permit is issued shall
not be constructed or erected within two years from the date of the
issuance of the building permits.
H.
No modification, variance or change in the general location, layout
and character of the project, which shall include the architectural
designs and arrangements of all buildings, as shown in the plans and
specifications of the buildings and structures as approved, will be
permitted. In the event of a partial or total destruction by fire
or otherwise of any building or structures, any replacement thereof
shall be in accordance with the original plans and specifications,
including the architectural design.
I.
The Board of Appeals shall have the power, consistent with this article and the provisions hereof, to grant variances with respect to interior floor space layout and areas. No application for such a variance will be accepted for filing unless copies of the certificates required by Subsection D of this section are submitted and a fee of $25 is paid to the Village Clerk.
J.
The Board of Trustees, on its own motion, after a public hearing,
shall have the power to change the zone of property to a Business
A District.
K.
Whenever property has been changed to a Business A District by the
Board of Trustees on its own motion, no building or structure shall
be erected upon the premises except as the Board of Trustees shall
therein provide.
L.
In the event of the abandonment of a particular project, the Board
of Trustees may, after public hearing, restore the property to its
former zoning district or such other districts as it may require.
The failure to make application for building permits within one year
of the date of the change of zone or the failure to complete the project
within two years after the issuance of building permits shall be deemed
to be an abandonment. Application for an extension of time may be
granted by the Board of Trustees, subject to appropriate conditions
and safeguards, only after a public hearing in relation thereto. At
least 15 days' notice of the time and place of such hearing shall
be published in the official newspaper of the Village.
M.
The Board of Trustees shall have the power to amend the ordinance
granting the change of zone to a Business A District in the manner
provided in the Village Law for the amending of a zoning ordinance,
in regard to the following matters: site plan, detailed building specifications,
architectural design of buildings, uses and plot area; provided, however,
that a report of the Planning Board regarding such amendment of the
ordinance has been filed with the Board of Trustees on or before the
date of the public hearing as required by law. Application for such
amendment shall be made in the same manner and shall comply with the
provisions of this article relating to application for change of zones
to a Business A District.
