[Added 6-23-2011 by L.L. No. 4-2011]
The Board of Trustees of the Village of East Hills finds that the inclusion of the Business Park District (hereinafter designated as the "BPD District") as part of Chapter 271, Zoning, of the Village Code is consistent with the Comprehensive Plan of land use as embodied in this article and all of the other provisions of the Village Code. Additionally, the Board of Trustees finds that the adoption of the Business Park District is in accord with the development policy of the Village of East Hills, as more specifically set forth in § 271-2 of the Code of the Village of East Hills. Further, it is the purpose of this article and the intent of the Board of Trustees in adopting this article to control, promote and encourage the unified, comprehensive and well planned development of large-scale office, business, commercial and medical-related facilities and uses on large tracts of land within the Village of East Hills. Currently, the Village of East Hills is comprised of nine separate zoning districts. Of the nine zoning districts, only three zoning districts (Business A, Business B and Light Industrial A) allow any type of business or industrial use. None of the current zoning districts provide appropriate guidelines for the unified development of large tracts of land for a combination of uses in a single building or group of buildings. The Board of Trustees finds that the inclusion of the Business Park District promotes appropriate development within the Village, while protecting the health safety and welfare of its residents.
All word and terms already defined in § 271-7 of the Village Code shall have the same meanings as set forth therein.
A building may be erected, altered or used and a lot or premises may be used for any of the specific purposes set forth in this article and for no other purpose. All of the following uses, operations or activities shall be carried on within a fully enclosed building or structure, and there shall be no outdoor storage of materials or equipment. The following uses are permitted in the Business Park District. (NOTE: Any and all of the permitted uses set forth in § 271-240 can be made a special permit use in accordance with §§ 271-244 and 271-245 of this article.)
A.
Research and design facilities.
B.
Offices for business, professional, administrative and technology
based firms and organizations.
C.
Financial services offices, including banks, brokerage firms, financial
advisors and other financial institutions.
D.
Hospital-affiliated outpatient care facilities, including ambulatory
surgery centers, outpatient clinics, imaging and research centers,
and laboratories customarily located within such medical facilities.
E.
Professional medical offices.
All uses not set forth in this article are strictly prohibited.
A.
Accessory uses as set forth in this section shall be permitted, provided
that the cumulative total floor area of all accessory uses within
a building does not exceed 20% of the cumulative total floor area
of the principal uses within that building.
(1)
Employee restaurants and employee cafeterias, provided that
such uses shall be located within the main building of the use served.
(2)
Child care, nursery school or similar facility, subject to the standards and requirements as set forth in § 271-245 of this article relating to special use permits. Such facility shall be located within and accessory to the principal use on the site for the convenience of its employees.
(3)
Meeting/conference room areas may be provided within a principal
or accessory building.
(4)
Uses clearly accessory and incidental to principal uses permitted
in the Business Park District, subject to approval of the Village
Board of Trustees, except that outdoor storage of materials or equipment
shall not be permitted.
B.
Parking structures not to exceed 30 feet in height subject to the standards and requirements as set forth in § 271-245 of this article relating to special use permits; the lot coverage, floor area and setback requirements in §§ 271-248 and 271-249D, and provided that a parking structure shall only be constructed in such areas as approved as part of a site plan application pursuant to § 271-253 of this article.
The following special uses may be permitted only when authorized by the Village Board of Trustees after public hearing thereon. Prior to authorizing the issuance of a permit for any such special use, the Village Board of Trustees shall follow the procedures and make appropriate findings as set forth in § 271-245B of this article. The uses requiring a special use permit are as follows:
A.
Fully enclosed, indoor filmmaking studios and/or sound stages.
A.
Power to grant. Upon application to the Village of East Hills for a building permit within the Business Park District, the Village Board of Trustees shall have the power to grant a special use permit for any of the uses specified in § 271-245 this article.
B.
Criteria. Special use permits may be permitted in the Business Park
District, provided that the Village Board of Trustees considers the
following general standards as applied to a specific application:
(1)
The purpose of zoning, as set forth in the Village Law of the
State of New York, and uses permitted in the Business Park District.
(2)
Whether the proposed use is of such character, size, location,
design and site layout as to be appropriate to and in harmony with
the surrounding properties.
(3)
Whether the proposed use will provide a desirable service, facility
or convenience to the area or otherwise contribute to the proper growth
and development of the community.
(4)
Whether the proposed use will be hazardous, conflicting or incongruous
to the immediate neighborhood by reason of excessive traffic, assembly
of persons or vehicles.
(5)
Whether the proposed use will be of such nature as to be objectionable
to nearby residential dwellings by reason of noise, light, vibration,
odor, size, color or any other potential impact.
(6)
Whether use is appropriately located with respect to transportation
facilities, water supply, fire and public protection facilities, waste
disposal and similar facilities.
(7)
Whether off-street parking facilities are provided as specified
in this article or, if not, that they are adequate to handle expected
public attendance so as not to create a neighborhood nuisance.
(8)
Whether the neighborhood character and surroundings and property
values are reasonably safeguarded.
(9)
In the interest of preserving the balance of businesses and
ensuring the success of the proposed use, the applicant shall prepare
a narrative that demonstrates the market potential for the proposed
use or uses, and the location of similar-type facilities in the general
area. This information shall be used to estimate the likelihood of
success and potential economic viability for the new development.
C.
Procedure.
(1)
The Village Board of Trustees shall not decide upon an application
for a special use permit without first holding a public hearing.
(2)
Notice of public hearing, including the substance of the application,
shall be given by the publication in the official newspaper of the
Village at least five days before the date of such hearing.
(3)
In addition to such published notice, the applicant shall cause
such notice to be mailed at least 10 days, but no more than 20 days,
before the hearing to all owners of property which lies adjacent to
the property for which relief is sought and to each owner of all parcels
of property located within a radius of 500 feet measured from all
points of the subject property lines, by registered or certified mail,
return receipt requested.
(4)
For lots within 500 feet of a municipal boundary, notice shall
be mailed in the above-prescribed form to the clerk of the adjacent
municipality.
(5)
The hearing date shall also be advertised by posting of a sign
stating the time, date and place of the public hearing to be held
on the property which is the subject of an application. The sign shall
be posted at least 10 days prior to the date of the hearing. The sign
shall be visible from adjacent rights-of-way. If the subject property
is on more than one right-of-way, a sign shall be posted facing each
right-of-way. If the sign is destroyed or removed from the property,
the owner of the subject property shall be responsible for replacing
it. Five days prior to the public hearing, the owner of the subject
property shall execute and submit to the Building Department an affidavit
of proof of the posting of the public notice sign(s) according to
this subsection. If the owner of the subject property fails to submit
the affidavit, the public hearing will be postponed until after the
affidavit has been supplied.
D.
Conditions. Pursuant to § 7-725-b of the New York State
Village Law, the Village Board of Trustees shall have the authority
to impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed special use permit. Such
conditions may include, without limitation, provisions with respect
to location of buildings and structures, location of drainage facilities,
site layout or design, hours and methods of operation, mitigation
or elimination of any adverse impact upon the community, the environment
or neighboring properties, the regulation of traffic entering, leaving
or within the site, and the like. Upon its granting of said special
use permit, any such conditions must be met in connection with the
issuance of permits by applicable enforcement agents or officers of
the Village.
No building may be erected, altered or used and no lot or premises
may be used for any of the purposes set forth in this article on a
lot less than 15 acres.
No principal building shall exceed 50 feet in height. No accessory
building shall exceed 30 feet in height.
A.
The total buildings or structures on any plot or site shall not exceed
50% of the plot area.
B.
The floor area ratio of the principal building shall not exceed 0.55.
The total, cumulative floor area ratio of all accessory buildings,
including but not limited to parking garages, shall not exceed 0.25.
A.
There shall be a minimum front yard setback area of 75 feet for any
principal building or structure.
B.
There shall be a minimum rear yard setback area of 125 feet for any
principal building or structure.
C.
There shall be a minimum side yard setback area of 75 feet for any
principal building or structure.
D.
There shall be minimum side and rear yard setback area of 20 feet
for any accessory building or structure. Accessory buildings or structures
are not permitted in the front yard setback.
Notwithstanding any other provision of this chapter, no building
within the Business Park District shall be erected, altered or used
unless off-street parking spaces as specified below are provided for
on the premises. However, during site plan review, the Board of Trustees
may in its discretion determine, based on a traffic and parking study
prepared by a qualified traffic engineering professional and verified
by professionals retained by the Village, that the required off-street
parking requirement is in excess of the projected parking generation
for a proposed use, in which case, the Board of Trustees may permit
a lesser number of spaces to be provided upon a finding that such
number of spaces shall be sufficient to serve the projected demand
and that no adverse impacts will result. The Village may also choose,
during the site plan review process, to require land banking of parking
spaces, with the imposition of appropriate conditions.
A.
Professional or medical offices: one space for every 250 square feet
of gross floor area (not including common areas, maintenance/utility
rooms, cafeterias or gym facilities for the exclusive use of the tenants).
B.
Storage space: one space for every 1,000 square feet of gross floor
area.
C.
All other uses: one space for every 500 square feet of gross floor
area (not including common areas, maintenance/utility rooms, cafeterias
or gym facilities for the exclusive use of the tenants).
Provisions for off-street loading and unloading shall be made
for all uses in the Business Park District in a location that will
not interfere with accessory parking and means of ingress and egress
thereto, and such areas shall be surfaced in the same manner as the
parking areas. The area to be allocated for loading and unloading
shall be at least 10 feet in width, 25 feet in length and 15 feet
in clear height.
All wiring, feed lines, energy sources and all equipment accessory
to all utilities for any building in the Business Park District shall
be placed underground. The Village Board of Trustees may waive this
requirement at the request of the applicant in cases where the Board
of Trustees shall determine that installation or installation services
will result in substantial difficulty in construction and economic
hardship.
A.
Any and all construction of a new building, alteration of an existing
building or change of use of an existing building, as provided in
this article, within the Business Park District shall require site
plan approval by the Village Board of Trustees of the Village of East
Hills. In any cases where any amendment of a site plan is proposed,
the applicant must also secure the approval of the amendment by the
Village Board of Trustees. No building permit may be issued for the
construction of a new building, the alteration of an existing building
or the change of use of any existing building within the purview of
this article unless and until an approved site plan or amendment of
any such plan has been secured from the Village Board of Trustees
in the manner as set forth in this section. The site plan shall be
prepared in such detail as to show the following:
(1)
Legal data.
(a)
The name and address of the owner of record.
(b)
The name and address of the person, firm or organization preparing
the map.
(c)
The date, North arrow and written and graphic scale.
(d)
Sufficient description or information to define precisely the
boundaries of the property, including section, block and lot number.
All distances shall be in feet and tenths of a foot. All angles shall
be given to the nearest 10 seconds or closer. The error of closure
shall not exceed one in 10,000.
(e)
The locations and owners of all adjoining lands as shown on
the latest tax records.
(f)
The locations, names and existing widths of adjacent streets
and curblines.
(g)
Location, width and purpose of all existing and proposed easements,
setbacks, reservations and areas dedicated to public use within or
adjacent to the property.
(h)
A complete outline of existing deed restrictions or covenants
applying to the property.
(i)
Existing zoning.
(2)
Natural features.
(a)
Existing contours with intervals of two feet, referred to a
datum satisfactory to the Village Board of Trustees.
(b)
An analysis of existing slopes indicating areas with slope in
the following categories: 0% to 15%; over 15% to less than 30%; 30%
or greater.
(c)
Approximate boundaries of any areas subject to flooding or stormwater
overflows.
(d)
Location of existing watercourses, marshes, wooded areas, rock
outcrops, isolated trees with a diameter of eight inches or more measured
three feet above the base of the trunk, and any other significant
existing natural features.
(e)
Profiles of existing contours at fifty-foot intervals.
(3)
Existing structures and utilities.
(a)
Outlines of all structures and location of all uses.
(b)
Paved areas, sidewalks and vehicular access between the site
and public streets.
(c)
Location, dimensions, grades and flow direction of any existing
sewers, culverts, waterlines, as well as other underground and aboveground
utilities within and adjacent to the property.
(d)
Other existing development, including fences, landscaping and
screening.
(4)
Proposed development.
(a)
The location of proposed buildings or structural improvements.
(b)
The location and design of all uses not requiring structures,
such as off-street parking, loading areas, any common space and/or
recreation areas.
(c)
The location, direction, power and time of use for any proposed
outdoor lighting or public address systems.
(d)
The location and plans for any outdoor signs.
(e)
The location, arrangement and materials of proposed means of
access and egress, including sidewalks, driveways or other paved areas.
Profiles indicating grading and cross sections showing width of roadway,
location and width of sidewalks and location and size of waterlines
and sewer lines. Any proposed direct pedestrian connection to public
parking lots or structures will also be shown.
(f)
Any proposed screening and other landscaping, including a planting
plan prepared by a qualified landscape architect or architect.
(g)
The location of all proposed waterlines, valves and hydrants
and of all sewer lines or alternate means of water supply and sewage
disposal and treatment, including on-site stormwater, drainage and
septic systems.
(h)
An outline of any proposed easements, deed restrictions or covenants.
(i)
Any contemplated public improvements to be constructed or developed
on or adjoining the property, including improvements to adjacent streets
or roadways and traffic controls on or off the property.
(j)
Proposed finished grades at intervals of two feet, indicating
clearly how such grades will meet existing grades of adjacent properties
or the street.
(k)
Profiles of the finished contours at fifty-foot intervals (should
be shown with the profiles of existing contours).
(l)
Elevations of all proposed principal or accessory structures,
incorporating the design or screening of any projection from the roof.
(m)
If the site plan only indicates a first stage, a supplementary
plan shall indicate ultimate development.
(n)
Any other information deemed by the Village Board of Trustees
to be necessary to determine conformity of the site plan with the
spirit and intent of this article.
(o)
In the case of all required improvements, a professional engineer
or licensed architect is required to submit plans. Installation of
such improvements must be under the direct supervision of a registered
architect or licensed engineer.
B.
Procedure.
(1)
The Village Board of Trustees of the Village of East Hills shall
not decide upon an application for site plan approval without first
holding a public hearing.
(2)
Notice of public hearing, including the substance of the application,
shall be given by the publication in the official newspaper of the
Village at least five days before the date of such hearing.
(3)
In addition to such published notice, the applicant shall cause
such notice to be mailed at least 10 days, but no more than 20 days,
before the hearing to all owners of property which lies adjacent to
the property for which relief is sought and to each owner of all parcels
of property located within a radius of 500 feet measured from all
points of the subject property lines, by registered or certified mail,
return receipt requested.
(4)
For lots within 500 feet of a municipal boundary, notice shall
be mailed in the above-prescribed form to the clerk of the adjacent
municipality. The site plan shall also be referred to the Nassau County
Planning Commission pursuant to New York State General Municipal Law.
(5)
The hearing date shall also be advertised by posting of a sign
stating the time, date and place of the public hearing to be held
on the property which is the subject of an application. The sign shall
be posted at least 10 days prior to the date of the hearing. The sign
shall be visible from adjacent rights-of-way. If the subject property
is on more than one right-of-way, a sign shall be posted facing each
right-of-way. If the sign is destroyed or removed from the property,
the owner of the subject property shall be responsible for replacing
it. Ten days prior to the public hearing, the owner of the subject
property shall execute and submit to the Building Department an affidavit
of proof of the posting of the public notice sign(s) according to
this subsection. If the owner of the subject property fails to submit
the affidavit, the public hearing will be postponed until after the
affidavit has been supplied.
C.
Conditions.
(1)
Pursuant to § 7-725-a of the New York State Village
Law, the Village Board of Trustees shall have the authority to impose
such reasonable conditions and restrictions as are directly related
to and incidental to a proposed site plan. Such conditions may include,
without limitation, provisions with respect to location of buildings
and structures, location of drainage facilities, site layout or design,
hours and methods of operation, mitigation or elimination of any adverse
impact upon the community, the environment or neighboring properties,
the regulation of traffic entering, leaving or within the site, and
the like. Upon its approval of said site plan, any such conditions
must be met in connection with the issuance of permits by applicable
enforcement agents or officers of the Village.
(2)
The Village Board of Trustees may condition site plan approval
upon the applicant's submission to the Village Clerk of a cash deposit,
performance bond or irrevocable letter of credit in an amount determined
after recommendation from the Village Engineer, which amount shall
be sufficient to insure that all specifications of the approved site
plan and, if required, all public improvements shall be completed,
and to insure against damage to the infrastructure, including, but
not limited to, public and private roads and drainage structures.
(3)
Any bond or irrevocable letter of credit shall be in a form
and substance acceptable to the Village Attorney, and any such bond
or irrevocable letter of credit shall not be accepted by the Village
Clerk unless so approved by the Village Attorney.
In addition to all other requirements as set forth in the article, any and all construction of a new building, alteration of an existing building or change of use as provided in this article within the Business Park District shall also require an application to and approval from the Village's Architectural Review Board pursuant to and as more fully set forth in Chapter 271, Article XX, of the Code of the Village of East Hills.
A.
The Board of Trustees shall have final authority to direct the Building Inspector to issue a written permit for the prosecution of the work, after determining that the plans and specifications and the prospective uses comply with the requirements of this article, the provisions of Chapter 271, Zoning, and with applicable state law, and that any retained existing construction is in good and safe condition.
B.
Notwithstanding the foregoing, the Building Inspector shall not issue any building permit for any alteration, construction, renovation or addition of any structure within the Business Park District unless the Village Board of Trustees shall have first approved a site plan in accordance with § 271-253 of this article, and unless the Village Board of Trustees shall have first approved a special use permit, where applicable, in accordance with § 271-245.
Any application for the construction of a new building, alteration
of an existing building or change of use of an existing building,
as provided in this article, within the Business Park District shall
be subject to the environmental review requirements of the New York
State Environmental Quality Review Act (Article 8 of the Environmental
Conservation Law) and its implementing regulations (6 NYCRR Part 617)
("SEQRA").
All fees and deposits shall be required in accordance with § 271-138 of the Village Code.
