[Amended 4-1-1985 by L.L. No. 6-1985; 10-16-1989 by L.L. No. 16-1989; 7-31-1990 by L.L. No. 6-1990; 11-27-1990 by L.L. No. 9-1990; 1-14-1991 by L.L. No. 1-1991; 3-1-1994 by L.L. No. 4-1994]
No building may be used, erected, altered or
used and no lot or premises may be used except for one or more of
the following purposes:
B. Religious uses, with the permission of the Board of
Trustees, subject to the provisions of this chapter.
D. Office building, bank or financial institution.
E. Public library, police station, fire station or municipal
building.
F. With the permission of the Board of Trustees, a restaurant.
G. Scientific research laboratory, excluding manufacture
of products for sale or any nuisance or hazardous processes.
H. Secretarial and business schools.
I. The following accessory uses, buildings or structures:
(1) Customary accessory uses incidental to a permitted
principal use on the same premises. Such accessory uses, other than
parking, shall be conducted entirely within the principal structure
and shall not exceed 50% of the area of the principal use.
(2) Off-street parking, community or group garage or municipal
parking facility. In no case shall any part of an accessory parking
area or structure be used for storage, servicing, repair or dismantling
of automobiles or other vehicles.
J. With the permission of the Board of Trustees, public
utility company electric substations with transformers, regulators,
switchgear, usual accessories and protective fencing, provided that
the Board of Trustees may require such protective and decorative measures
as may be appropriate, including screening and landscaping with trees,
shrubs and similar plantings, and such other conditions as may be
required to protect the public health, safety and welfare.
K. Educational uses, with the permission of the Board
of Trustees, subject to the provisions of this chapter.
[Amended 7-14-1986 by L.L. No. 6-1986]
No building in the Office Building OB District
shall exceed three occupied levels or stories or be more than 45 feet
in height, except that elevator or stair bulkheads and mechanical
equipment installed on the roof may project 10 feet in excess of the
height of the top story of such building, provided that they are set
back from the roof edge and screened from view in a manner approved
by the Design Review Board, and further provided that they do not
exceed 10% of the roof area.
Second-story floor structures shall have a clear
headroom of not less than nine feet above grade at any point below
such structure. All off-street truck loading spaces shall be located
contiguous to or under the structure.
[Amended 2-11-1985 by L.L. No. 4-1985]
Side yards shall be required from both side property lines in an aggregate of not less than 16 feet, with neither side yard being less than eight feet. Notwithstanding the foregoing, whenever a side yard of a lot wholly or partially located in the Office Building OB District shall abut another lot in a residence or apartment zoning district, such side yard shall be not less than 15 feet, and the last 15 feet next to such abutting residence or apartment zoned lot shall be devoted exclusively to landscape screening and a solid masonry wall, both of which conform to the requirements of §
203-66A of this chapter for such landscaping, screening and masonry wall.
The minimum lot width shall be 75 feet measured
at the front lot street line.
[Amended 4-1-1985 by L.L. No. 5-1985]
On a lot in the Office Building OB District,
accessory off-street underground parking structures may project above
the adjacent grade, provided that such above-grade projection does
not intrude into any required front yard, nor into any required planting
or landscape area; nor shall such projection when facing any street
front be higher than three feet above the mean grade established by
the average of the grades at each end of the frontage on such street;
nor shall the length of such projection exceed 20% of the total length
of the building along such street front. Notwithstanding the definition
of "yard," the partially underground parking structure may intrude
above grade into the required side and rear yards, provided that the
roof deck of the garage structure is not higher than seven feet above
the grade of any contiguous property. If the parking structure is
totally below grade, it may extend to all property lines, provided
that a minimum depth of 2 1/2 feet of earth for planting exists
over such a structure within the required landscaped or planting area.
In no case shall any part of the parking structure extend beyond the
Office Building OB District boundary line into any other district.
[Added 4-10-2006 by L.L. No. 2-2006]
With an incentive use permit from the Board
of Trustees, a property predominantly in the OB District and partially
in a residential district, having an area of at least one acre and
having street frontage of at least 180 feet on Northern Boulevard,
may be used and developed pursuant to an incentive use permit granted
by the Board of Trustees, pursuant to Village Law § 7-703,
in accordance with the terms and conditions of this section.
A. An applicant for an incentive use permit pursuant
to this section shall provide to the Board, in addition to any other
information customarily required in applications to the Board of Trustees
or Board of Appeals for special use permits, a master plan for the
entire site where such use or facility is proposed, including a landscaping
plan.
B. A building or lot used or developed as authorized
by an incentive zoning permit granted pursuant to this section shall
not be used for any use other than that authorized in the incentive
use permit.
C. Notwithstanding any other provision of this chapter
to the contrary, and notwithstanding any authority vested in any other
board of the Village, an incentive use authorized pursuant to this
section shall conform in all respects to the regulations applicable
to uses in the Office Building OB District, except that in granting
an incentive use permit for such use, the Board of Trustees may permit
the use or development of the subject property in a manner other than
as provided in such regulations, and subject to such conditions as
may be determined by the Board of Trustees, with respect to the following
incentives:
(1)
Underground parking may be permitted on such
property, whether the portion of the property where such parking is
located is in the OB District or an adjoining residential district;
(2)
The OB District use of the property may be permitted
on the residentially zoned portion of the property;
(3)
Approval of design plans (including proposed
structures, paving, parking areas, landscaping, screening, and other
features which may be required by the Board of Trustees) by the Board
of Trustees, in the place and stead of any such approval otherwise
required from any other Village board;
(4)
Waiver, in whole or in part, of requirements for masonry walls or screening, pursuant to Code §
203-65;
(5)
Waiver, in whole or in part, of requirements for masonry walls, screening, or landscaping, pursuant to Code §
203-66;
(6)
Waiver, in whole or in part, of requirements for masonry walls, screening, or landscaping, pursuant to Code §
203-67;
(7)
Waiver, in whole or in part, of the location of vehicular entrances or exits on secondary streets, as provided in Code §
203-69;
(8)
Permission to locate parking, or paving, and
associated improvements, in a rear yard on or below grade, in a residential
district;
(9)
The grant of any other necessary approval by
the Board of Trustees, in the place and stead of any other Village
board from which such approval may otherwise be required, unless the
Board of Trustees shall determine that such other board approval is
required. In the discretion of the Board of Trustees, where a recommendation
is required from any other Village board as a precedent to any Board
of Trustees approval, the Board of Trustees may waive the requirement
for such recommendation.
D. Provisions for public amenities. An applicant for
an incentive use permit pursuant to this section shall include in
any such application a plan or proposal for the provision of community
amenities, including facilities for public use, and whether by transfer,
gift, lease, easement or otherwise, to the extent that the same may
be acceptable to the Board of Trustees and feasible and adequate,
or, in the alternative, by payment of a sum to be determined by the
Board of Trustees in lieu of such community amenities, pursuant to
Village Law § 7-703. The determination whether any such
plan is acceptable, feasible, adequate, or in a form acceptable to
the Village shall rest in the sole and unfettered discretion of the
Board of Trustees.
E. In connection with the grant of an application under
this section, the Board of Trustees may impose any additional terms
and conditions which it finds necessary and appropriate to protect
the public health, safety and general welfare.
F. Public hearing. No incentive use permit shall be granted
pursuant to this section except after a public hearing before the
Board of Trustees. The said public hearing shall be held and conducted
in the same manner as if it were a public hearing on an application
to the Board of Appeals for a use variance, but the determination
whether to grant an incentive zoning permit shall be in the sole discretion
of the Board of Trustees.
G. Costs. As required by Village Law § 7-703,
Subdivision 3c, any applicant who applies for an incentive use permit
pursuant to this section within five years after the approval of any
other incentive use permit pursuant to this section shall pay to the
Village a proportionate share of the cost of any generic environmental
impact statement and other studies prepared in connection with the
enactment of this section or in the authorization of any incentive
use permit issued pursuant to this section within the five-year period
immediately prior to such application. Said costs shall be added to
any other site-specific charges authorized to be imposed on said applicant
for environmental studies and review. These costs shall be apportioned
among applicants according to the number of applicants required to
share in such costs. Monies paid by a prior applicant shall be proportionately
reimbursed in the event of a subsequent applicant who may be responsible
for, and pays, a portion of these costs.
H. The determination by the Board of Trustees whether
to grant an application for an incentive use permit pursuant to this
section shall be in the sole discretion of the Board of Trustees.
No person or entity shall have any right to such a permit under any
circumstances unless and until such a permit is approved by the Board
of Trustees. Any such approval by the Board of Trustees may be granted
upon reasonable conditions.
[Added 11-21-2016 by L.L.
No. 2-2016]
With an incentive use permit from the Board of Trustees, a property
in the OB District, having an area of at least 1/2 acre and having
street frontage of at least 200 feet on Northern Boulevard, may be
used and developed pursuant to an incentive use permit granted by
the Board of Trustees, pursuant to Village Law § 7-703 and
in accordance with the terms and conditions of this section.
A. An applicant for an incentive use permit pursuant to this section
shall provide to the Board, in addition to any other information customarily
required in applications to the Board of Trustees or Board of Appeals
for special use permits, a master plan for the entire site where such
use or facility is proposed, including a landscaping plan.
B. A building or lot used or developed as authorized by an incentive
zoning permit granted pursuant to this section shall not be used for
any use other than that use authorized in the incentive use permit.
C. Notwithstanding any other provision of this chapter to the contrary,
and notwithstanding any authority vested in any other board of the
Village, an incentive use authorized pursuant to this section shall
conform in all respects to the regulations applicable to uses in the
Office Building OB District, except as otherwise authorized in an
incentive use permit granted pursuant to this section. In approving
an incentive use permit pursuant to this section, the Board of Trustees
may grant incentives for the use and development of the subject property
and authorize the use or development of the subject property in a
manner other than as provided in such regulations, and subject to
such conditions as may be determined by the Board of Trustees in approving
an incentive use permit, in the following respects:
(1)
Permission to use the property for the retail sale of new and
used automobiles;
(2)
Approval of design plans (including proposed structures, paving, parking areas, landscaping, screening, signage as set forth in Code Article
XIIA, and other features which may be required by the Board of Trustees) by the Board of Trustees, in the place and stead of any such approval otherwise required from any other Village board;
(3)
Waiver, in whole or in part, of requirements for masonry walls or screening, and the limitation on driveway widths pursuant to Code §
203-65;
(4)
Waiver, in whole or in part, of the setback and screening requirements pursuant to Code §
203-66A when the rear yard abuts property that is not being used for residential purposes;
(5)
Waiver, in whole or in part, of the setback requirements from secondary side streets, and the landscaping and location of the solid masonry wall screening requirements, as provided in Code §
203-69;
(6)
Permission to locate parking, or paving, and associated improvements,
in a rear yard;
(7)
The grant of any other necessary approval by the Board of Trustees,
in the place and stead of any approval otherwise required from any
other Village board, unless the Board of Trustees shall determine
that such other board approval is required. In the sole discretion
of the Board of Trustees, where a recommendation is required from
any other Village board as a condition precedent to any Board of Trustees
approval, the Board of Trustees may waive the requirement for such
recommendation.
D. Provisions for public amenities. An applicant for an incentive use
permit pursuant to this section shall include in any such application
a plan or proposal for the provision of community amenities, including
facilities for public use, and whether by transfer, gift, lease, easement
or otherwise, to the extent that the same may be acceptable to the
Board of Trustees and feasible and adequate, or, in the alternative,
by payment of a sum to be determined by the Board of Trustees in lieu
of such community amenities, pursuant to Village Law § 7-703.
The determination whether any such plan is acceptable, feasible, adequate,
or in a form acceptable to the Village shall rest in the sole and
unfettered discretion of the Board of Trustees. The Board of Trustees
shall have authority to require other or different community amenities
or payment in lieu thereof, as it may deem appropriate and as permitted
by law.
E. In connection with the grant of an application under this section,
the Board of Trustees may impose any additional terms and conditions
which it finds necessary and appropriate to protect the public health,
safety and general welfare.
F. Hearing. No incentive use permit shall be granted pursuant to this
section except after a public hearing before the Board of Trustees.
The said public hearing shall be held and conducted in the same manner
as if it were a public hearing on an application to the Board of Appeals
for a use variance, but the determination whether to grant an incentive
zoning permit shall be in the sole discretion of the Board of Trustees.
G. Costs. As required by Village Law § 7-703, Subdivision
3c, any applicant who applies for an incentive use permit pursuant
to this section within five years after the approval of any other
incentive use permit pursuant to this section shall pay to the Village
a proportionate share of the cost of any generic environmental impact
statement and other studies prepared in connection with the enactment
of this section or in the authorization of any incentive use permit
issued pursuant to this section within the five-year period immediately
prior to such application. Said costs shall be added to any other
site-specific charges authorized to be imposed on said applicant for
environmental studies and review. These costs shall be apportioned
among applicants according to the number of applicants required to
share in such costs. Monies paid by a prior applicant shall be proportionately
reimbursed in the event of a subsequent applicant who may be responsible
for, and pays, a portion of these costs.
H. The determination by the Board of Trustees whether to grant an application
for an incentive use permit pursuant to this section shall be in the
sole discretion of the Board of Trustees. No person or entity shall
have any right to such a permit under any circumstances unless and
until such a permit is approved by the Board of Trustees. Any such
approval by the Board of Trustees may be granted upon reasonable conditions.
I. Fees and reimbursements. An applicant for an incentive use permit
pursuant to this section shall be required to pay an application fee
in an amount as may be determined by the Board of Trustees by resolution.
In addition to such application fee, the applicant shall be required
to deposit funds sufficient to reimburse the Village's expenses for
engineering, environmental, planning, and other professional services
reasonably required for review of the application (including reasonable
attorneys' fees), the costs of mailing and publishing legal notices,
and stenographic expenses for public hearings. Any such deposit shall
be replenished by the applicant from time to time upon written request
from the Village Clerk in such manner as to maintain a specified balance
in such fund. In the event the applicant fails to maintain any required
balance, the Village shall not be obligated to process the application
further until such time as the required balance is restored. Upon
the conclusion of the application or review process by final determination,
or by withdrawal of the application, any remaining balance in such
fund after payment of all such expenses shall be refunded to the applicant
upon written request.
[Added 5-14-2018 by L.L.
No. 1-2018]
With an incentive use permit from the Board of Trustees, a property
in the OB District, having an area of at least 1/2 acre and having
street frontage of at least 200 feet on Northern Boulevard, may be
used and developed pursuant to an incentive use permit granted by
the Board of Trustees, pursuant to Village Law § 7-703 and
in accordance with the terms and conditions of this section.
A. An applicant for an incentive use permit pursuant to this section
shall provide to the Board, in addition to any other information customarily
required in applications to the Board of Trustees or Board of Appeals
for special use permits, a master plan for the entire site where such
use or facility is proposed, including a landscaping plan.
B. A building or lot used or developed as authorized by an incentive
zoning permit granted pursuant to this section shall not be used for
any use other than that use authorized in the incentive use permit.
C. Notwithstanding any other provision of this chapter to the contrary,
and notwithstanding any authority vested in any other board of the
Village, an incentive use authorized pursuant to this section shall
conform in all respects to the regulations applicable to uses in the
Office Building OB District, except as otherwise authorized in an
incentive use permit granted pursuant to this section. In approving
an incentive use permit pursuant to this section, the Board of Trustees
may grant incentives for the use and development of the subject property
and authorize the use or development of the subject property in a
manner other than as provided in such regulations, and subject to
such conditions as may be determined by the Board of Trustees in approving
an incentive use permit, in the following respects:
(1)
Permission to use the property for the sale and service of new
and used (preowned) automobiles;
(2)
Approval of design plans (including proposed structures, paving, parking areas, landscaping, screening, signage as set forth in Article
XIIA of this chapter, and other features which may be required by the Board of Trustees) by the Board of Trustees, in the place and stead of any such approval otherwise required from any other Village board;
(3)
Waiver, in whole or in part, of the setback, screening and masonry wall requirements pursuant to Code §
203-66A when the rear yard abuts property that is not being used for residential purposes;
(4)
Waiver, in whole or in part, of requirements for side yard requirements pursuant to Code §
203-67;
(5)
Waiver, in whole or in part, of the setback requirements from secondary sides streets, and the landscaping and location of the solid masonry wall screening requirements, as provided in Code §
203-69;
(6)
Permission to locate parking, or paving, and associated improvements,
in a rear yard;
(7)
The grant of any other necessary approval by the Board of Trustees,
in the place and stead of any approval otherwise required from any
other Village board, unless the Board of Trustees shall determine
that such other board approval is required. In the sole discretion
of the Board of Trustees, where a recommendation is required from
any other Village board as a condition precedent to any Board of Trustees
approval, the Board of Trustees may waive the requirement for such
recommendation.
D. Provisions for public amenities. An applicant for an incentive use
permit pursuant to this section shall include in any such application
a plan or proposal for the provision of community amenities, including
facilities for public use, and whether by transfer, gift, lease, easement
or otherwise, to the extent that the same may be acceptable to the
Board of Trustees and feasible and adequate, or, in the alternative,
by payment of a sum to be determined by the Board of Trustees in lieu
of such community amenities, pursuant to New York Village Law § 7-703.
The determination of whether any such plan is acceptable, feasible,
adequate, or in a form acceptable to the Village shall rest in the
sole and unfettered discretion of the Board of Trustees. The Board
of Trustees shall have authority to require other or different community
amenities or payment in lieu thereof, as it may deem appropriate and
as permitted by law.
E. In connection with the grant of an application under this section,
the Board of Trustees may impose any additional terms and conditions
which it finds necessary and appropriate to protect the public health,
safety and general welfare.
F. Hearing. No incentive use permit shall be granted pursuant to this
section except after a public hearing before the Board of Trustees.
The said public hearing shall be held and conducted in the same procedural
manner as if it were a public hearing on an application to the Board
of Appeals for a use variance, but the determination of whether to
grant an incentive zoning permit shall be in the sole discretion of
the Board of Trustees.
G. Costs. As required by New York Village Law § 7-703, Subdivision
3c, any applicant who applies for an incentive use permit pursuant
to this section within five years after the approval of any other
incentive use permit pursuant to this section shall pay to the Village
a proportionate share of the cost of any generic environmental impact
statement and other studies prepared in connection with the enactment
of this section or in the authorization of any incentive use permit
issued pursuant to this section within the five-year period immediately
prior to such application. Said costs shall be added to any other
site-specific charges authorized to be imposed on said applicant for
environmental studies and review. These costs shall be apportioned
among applicants according to the number of applicants required to
share in such costs. Monies paid by a prior applicant shall be proportionately
reimbursed in the event of a subsequent applicant who may be responsible
for, and pays, a portion of these costs.
H. The determination by the Board of Trustees of whether to grant an
application for an incentive use permit pursuant to this section shall
be in the sole discretion of the Board of Trustees. No person or entity
shall have any right to such a permit under any circumstances unless
and until such a permit is approved by the Board of Trustees. Any
such approval by the Board of Trustees may be granted upon reasonable
conditions as may be determined by the Board of Trustees.
I. Fees and reimbursements. An applicant for an incentive use permit
pursuant to this section shall be required to pay an application fee
in an amount as may be determined by the Board of Trustees by resolution.
In addition to such application fee, the applicant shall be required
to deposit funds sufficient to reimburse the Village's expenses for
engineering, environmental, planning, and other professional services
reasonably required for review of the application (including reasonable
attorneys' fees), the costs of mailing and publishing legal notices,
and stenographic expenses for public hearings. Any such deposit shall
be replenished by the applicant from time to time upon written request
from the Village Clerk in such manner as to maintain a specified balance
in such fund. In the event the applicant fails to maintain any required
balance, the Village shall not be obligated to process the application
further until such time as the required balance is restored. Upon
the conclusion of the application or review process by final determination,
or by withdrawal of the application, any remaining balance in such
fund after payment of all such expenses shall be refunded to the applicant
upon written request.