East Hills City Zoning Code
ARTICLE VIII
Business A Districts
§ 271-70 Applicability.
This article shall apply to a planned community business center as hereinafter provided and shall be known as a "Business A District."
§ 271-71 Permitted uses.
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.
§ 271-72 Height restrictions.
[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.
§ 271-73 Required lot area.
Every project under this article shall occupy a plot of not less than one acre.
§ 271-74 Lot coverage.
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.
§ 271-75 Required frontage and setback.
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.
§ 271-76 Side and rear yards.
§ 271-77 Parking areas.
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]
§ 271-78 Sewage disposal
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.
§ 271-79 Storage and removal of garbage.
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.
§ 271-80 General criteria.
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.