[Added 11-17-1992 by L.L. No. 11-1992]
No building may be erected, altered or used,
and no lot or premises may be used, except for one or more of the
following purposes:
A.
Religious uses, with the permission of the Board of
Trustees, subject to the provisions of this chapter.
B.
Office building for business or professional offices,
including medical offices.
C.
Bank or financial institution, with the permission
of the Board of Trustees, subject to the provisions of this chapter.
D.
Public library, police station, fire station or municipal
building.
E.
The following uses, buildings or structures, when
accessory to a permitted principal use on the same premises:
(1)
Customary accessory uses if located entirely within
the principal structure and if such uses do not in the aggregate exceed
50% of the area of the principal use.
(2)
Off-street parking, open, covered or enclosed, provided
that no part of an accessory parking area or structure may be used
for storage, servicing, repair or dismantling of automobiles or other
vehicles.[1]
[1]
Editor's Note: Former Subsections E(3) through
E(6), Building identification wall signs, Building identification
ground signs, Directional signs, and Sign lighting, respectively,
which immediately followed this subsection, were repealed 11-26-1996
by L.L. No. 15-1996.
[Added 2-1-2005 by L.L. No. 1-2005[1]]
With an incentive use permit from the Board
of Trustees, a property in the OB-A District having an area of at
least 2.5 acres may be used for a health and fitness facility, as
an incentive use pursuant to Village Law § 7-703, in accordance
with the terms and conditions of this section.
A.
An applicant for an incentive use permit for a health
and fitness facility 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.
For the purposes of this section, a "health and fitness facility" may include one or more of the following activities, and facilities therefor, provided that all such activities [other than those described in Subsection B(10)] are conducted by the same business entity, and within the premises of one business enterprise:
(1)
Health club, including steam rooms and sauna
rooms,
(2)
Swimming pool(s);
(3)
Spa;
(4)
Whirlpool bath (e.g., jacuzzi);
(5)
Squash and racquetball courts;
(6)
Group fitness programs, yoga, pilates, spinning,
or other similar exercise activity;
(7)
Personal training;
(8)
Massage and other related modalities, on condition
that services are provided only by licensed massage therapists or
other appropriately licensed persons, and such services are rendered
only to patrons of the health and fitness facility;
(9)
Health, fitness and dance-related educational
programs;
(10)
Offices for physical therapy and rehabilitation,
including offices for qualified professionals, provided that all persons
receiving such services are patrons of the health and fitness facility,
and further provided that such offices do not exceed in the aggregate
7% of the floor area of the facility;
(11)
Babysitting services for children of patrons
participating in activities on the premises, and not for the general
public;
(12)
Coffee, juice and/or health food bar serving
only nonalcoholic beverages and food, and serving only to patrons
participating in activities on the premises and not to the general
public. Cooking shall not be permitted at the premises. All food sold
at such facility shall be pre-prepared and may be heated or warmed
on the premises prior to sale;
(13)
Retail sales of sporting goods and apparel to
patrons participating in activities on the premises, but not to the
general public, provided that the floor area of such facilities in
the aggregate shall not exceed 2.5% of the floor area of the entire
health and fitness facility.
C.
Whether or not such condition is stated in the approval
of an incentive use permit, it shall be a specific and express condition
of any such permit issued for a health and fitness facility that the
facility be constructed and operated in compliance with all applicable
governmental licensing requirements.
D.
A building or lot in the Office Building OB-A District
used for a health and fitness facility pursuant to an incentive zoning
permit shall not be used for any other use.
E.
Gross floor area. The total gross floor area for a
health and fitness facility, and for all other uses in the same building
or on the same site, shall not exceed a floor area ratio of 0.32,
and shall in no event exceed 31,670 gross square feet. For the purposes
of this calculation, the area of the site shall include all contiguous
property in common ownership, whether or not such contiguous property
is located in the OB-A District.
F.
Coverage; height. Notwithstanding any other provision
of law:
(1)
The lot coverage for all buildings and structures
on any premises containing a health and fitness facility shall not
exceed 15% of the area of the lot on which such facility is located.
(2)
No building may exceed 50 feet in height (to
the top of the highest point of the structure or any part thereof,
including rooftop equipment, projections, parapets, antenna, signs
and other structures or appurtenances).
G.
Yard regulations.
(2)
Permitted obstruction in yards. Notwithstanding
any other provision of law, or any provision for minimum yard setback,
a building containing a health and fitness facility may have the following
obstructions or projections in yards:
(3)
The foregoing yard regulations may be modified
by the Board of Trustees in granting any incentive zoning permit pursuant
to the provisions of this section where appropriate for preservation
of natural features of property or to facilitate landscaping.
H.
Service bays. The Board of Trustees shall have the
power, by resolution, to require buildings containing health and fitness
facilities to provide such service bays as it deems appropriate.
I.
Provisions for public amenities.
(1)
An applicant for an incentive use permit for
a health and fitness facility shall include in any such application
a plan or proposal for the provision of public 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. 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.
(2)
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.
J.
Parking. A health and fitness facility shall provide
not less than one parking space for each 210 square feet of building
floor area. Geometric design standards for such spaces shall be as
customarily established for the OB-A District, except that parking
spaces may be located within a structure, or underneath a structure,
as authorized by the Board of Trustees as part of the incentive zoning
permit.
K.
Street frontage. The property shall have frontage
of at least 150 linear feet along a county or state road, and at least
250 linear feet along any other road.
L.
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.
M.
Costs. As required by Village Law § 7-703(3)
(c), any applicant who applies for an incentive use permit pursuant
to this section within five years after the approval of any incentive
use permit pursuant effective date of 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 which may be responsible
for, and pays, a portion of these costs.
N.
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.
[1]
Editor's Note: This local law also stated
that it would expire one year after the effective date, except that
its provisions would remain in effect with respect to any health and
fitness facility for which application was made prior to the expiration
date and for which an incentive use permit was approved by the Board
of Trustees.
No building or structure in the Office Building
OB-A District shall exceed three 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 are 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.
A.
There shall be a front yard of not less than 15 feet.
Such yard shall consist of a landscaped area interrupted only by paved
pedestrian entry walkways, seating areas and access driveways, provided
that the aggregate width of such driveways shall not exceed 20% of
the lot width at the street line and in no event more than 35 feet.
B.
Except for such openings as are necessary for ingress
and egress to and from the accessory off-street parking on said property,
the front yard, including all walkways and pedestrian areas on the
lot, shall be screened from any adjacent accessory parking areas on
the lot by a solid masonry wall which is at least five feet in height
above the grade level. Such wall shall be designed, constructed and
maintained of materials which are similar and complementary to the
materials and design of the main building on the lot or of such other
materials or design as may be approved in writing, in advance, by
the Design Review Board. In its discretion, the Design Review Board
may permit the highest 20% of such wall to consist of plantings which
will create an all-year-round solid screen at the top of said wall.
C.
Front landscaped areas shall be planted in accordance
with village specifications and the following general standards:
(1)
On-grade planting shall consist of a basic ground
cover or an acceptable foundation-type planting, except that on-grade
planting over an underground parking structure shall consist of an
acceptable foundation-type planting in a raised masonry planter.
(2)
Street trees shall be provided along all street fronts
abutting the site, in accordance with the approved site plan.
D.
For the purposes of this Article, any yard along a
secondary street on a corner lot shall be deemed to be a front yard.
A.
There shall be a rear yard of not less than 45 feet.
At the time of site plan approval, the Board of Trustees shall determine
what portion of the rear yard, if any, shall be devoted exclusively
to landscape screening.
B.
Except for areas devoted to required landscaping or
screening, the rear yard may be used for accessory off-street parking.
A side yard of not less than eight feet shall
be required along all side property lines.
A.
Plans for all required landscaping and screening shall
be prepared by a licensed landscape architect or any other individual
or firm which is recognized by the Board of Trustees as being competent
to prepare such plans.
B.
Approval by the Planning Board of the landscape and
screening plan and approval by the Design Review Board of the design
and finish of any required masonry wall shall be a prerequisite to
approval of a site plan for any building or structure.
C.
All required planting and screen walls shall be maintained
by the owner of the property on which they are located. This shall
include, but not be limited to, the replacement in kind and size of
trees and shrubs of whatsoever type within the required planting area
which may die and/or the repair of required screen walls. The owner
shall, within 30 days of the written order of the Building Official,
replace any tree or shrub and/or repair any wall required by this
Article or by the approved site plan.
A.
Accessory off-street parking structures may project
above the adjacent grade, provided that such above-grade projection
does not intrude into any required front yard or into any required
planting or landscape area, nor shall such projection (when facing
any street) 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.
B.
If such 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 and is maintained
over such a structure within any required planting or landscaped area.
C.
In no case shall any part of any parking structure
extend beyond the Office Building OB-A District boundary line.
No building or structure shall be erected or
occupied unless the site on which said building is located has a minimum
area of two acres.
[Amended 6-13-1994 by L.L. No. 8-1994[1]]
Each building or structure or use in the Office Building OB-A District shall provide at least the off-street parking required by § 203-125 of this chapter. Notwithstanding those provisions, business and professional offices and banks and financial institutions shall provide at least one parking space for each 225 square feet of gross floor area, and medical offices or other medical uses shall provide at least one space for each 150 square feet of gross floor area. In appropriate cases, the Board of Trustees may require additional off-street parking at the time of site plan approval.
[1]
Editor's Note: This local law was amended
2-13-1995 by L.L. No. 2-1995 to be applicable to any building for
which a building permit is issued on and after October 3, 1994.
[Amended 4-30-1996 by L.L. No. 6-1996]
No building permit shall issue for any building
or structure prior to the approval by the Board of Trustees of a master
site plan designed to coordinate grades and drainage, internal circulation
and access driveways, location of buildings and structures, landscaping,
planting and screening, truck loading areas and the general character
and location of site improvements. Prior to approving any such master
site plan, the Board of Trustees may seek the recommendations of the
Design Review Board.
A.
A master site plan submission shall consist of a site
plan map, at a scale of one inch equals 20 feet or smaller, but only
if approved by the Building Official as sufficient to illustrate field
conditions and the proposed development, on sheets numbered in sequence
when more than one sheet is used.
B.
The master site plan shall contain at least the following
information:
(1)
Title and tax block number.
(2)
The name and signature of applicant(s) responsible
for compliance with all requirements.
(3)
The name, signature and seal of the licensed professional
responsible for map preparation.
(4)
North arrow, scale.
(5)
Spaces for dates of original preparation and all revisions.
(6)
Boundaries of the site to be developed, based on a
current survey certified by a licensed land surveyor as accurate.
(7)
Existing and proposed contour lines, at two-foot intervals,
based upon actual field topography.
(8)
Proposed street lines with a notation providing for
gratuitous dedication or offer of dedication to the appropriate agency
(village, county or state) of any proposed widening.
(9)
The location of any feature shown on village, county,
state or federal maps which may have the effect of restricting development.
(10)
Existing easements of record (access, drainage,
sewer, power, etc.) affecting development of the site.
(11)
Lot lines as shown on the latest official Tax
Maps of the appropriate jurisdiction.
(12)
Adjacent properties, with tax lot numbers and
names of owners of record as shown on the current tax rolls received
from the Nassau County Tax Assessor no longer than 30 days prior to
submission.
(13)
Zoning, school, sewer, fire and other district
boundary lines.
(14)
Watercourses and water bodies, with any proposed
changes, and rock outcrops or wooded areas.
(15)
Single trees of over eight-inch diameter at
four feet above ground level.
(16)
Existing and proposed utility poles, fire hydrants,
walls and any other permanent man-made land features.
(17)
Existing land uses and buildings on the site
and authority for the same (i.e., special permit, variance, conforming
or nonconforming).
(18)
Location, dimensions and height of all proposed
buildings in feet and number of stories.
(19)
Proposed open space and recreation or conservation
areas or easements.
(20)
Proposed means of ingress and egress between
the site, adjoining properties and related public and private roads.
(21)
The location and width of proposed on-site streets,
driveways, parking and loading areas.
(22)
The proposed location and uses of any associated
facilities, including freestanding signs, walls, fences, trash dumpsters
and lights.
(23)
Outlines, in plan and elevation, of all proposed
structures, including doorways and outdoor signs and information relating
to materials, color and lighting.
(24)
A preliminary stormwater drainage plan, tentative
locations of pipes, ditches or streams and proposed silt-retention
and stormwater retention areas, where applicable.
(25)
Any proposed permanent easement needed for proper
development and servicing of the property.
(26)
The location of all proposed underground utilities.
