Lake Success City Zoning Code
ARTICLE X
Business C District
§ 105-53 District boundaries.
The Business C District shall be the following areas in the Village:
A.
That area lying south of the Business A District, as hereinabove described, west of Lakeville Road, east of University Place and north of the line consisting of the northerly boundary of the Business B District extending from the westerly line of Lakeville Road 154.86 feet westerly along the northerly line of Lot 23, Section 2, Block 106, of the Nassau County Tax Map; running thence southeasterly 60 feet along the westerly line of Lots 23, 24 and 25 to the northerly line of Lot 60; running thence southwesterly along the northerly line of Lot 60, 125 feet, more or less, to the point of the intersection of the Northerly line of Lot 60 with the easterly line of University Place.
B.
That area located south of Northern Boulevard, east of Lakeville Road and west of the Village boundary and north of the Business C Parking District on the north side of Cumberland Avenue, exclusive of the Business A District at the southeast corner of Northern Boulevard and Lakeville Road. The district shall include the area beginning at a point at the westerly boundary on the east side of Lakeville Road 180 feet north of Cumberland Avenue; running thence northerly 284 feet to a point on the east side of Lakeville Road 100 feet south of Northern Boulevard; running thence easterly 100 feet; running thence northerly 100 feet to the south side of Northern Boulevard; running thence easterly 225 feet to the Village boundary; running thence southerly 407 feet along the Village boundary line; running thence westerly 324 feet to Lakeville Road or to the beginning point.
C.
That area south of the Research and Office Hospital District, as presently constituted, west of Lakeville Road and east of Queens County -- Nassau County boundary line.
[Added 11-4-1974 by L.L. No. 1-1974]
§ 105-54 Uses permitted subject to approval.
Only such scientific and/or research laboratory use, offices for executive and administrative purposes and municipal building uses shall be permitted in the Business C District as may be approved by the Village of Lake Success Board of Trustees upon recommendation of the Planning Board as being in compliance with the development policy of the Village as set forth below:
A.
The conservation of existing and potential property values in the Village.
B.
The character of existing development in the Village.
C.
The physical characteristics of the terrain of the Village and the suitability of the land of the Village for various uses.
D.
The physical situation of the Village and the functional relationships of the uses of the land therein to the existing and prospective development of the intercommunity area consisting of the Great Neck -- Manhasset areas and adjoining areas in Nassau County, New York, it is determined that:
(1)
The most appropriate predominant use of land throughout the Village consists of low-density one-family residential development carefully regulated as to quality.
(2)
All other uses in the Village shall be either:
(a)
Related to such residential use in a community sense, such as schools, churches and other community institutions;
(b)
Economically related to such residential use by reason of contributing to a tax base for the Village which will make possible the adequate provision of the public facilities and services necessary for sound residential development; or
(c)
Limited to a type which may complement the nonresidential uses within or in the vicinity of the Village.
(3)
All such nonresidential uses shall be limited in location, size and character to the extent that they will satisfactorily perform their respective functions, as aforesaid, in a manner which will not detract from the predominantly low-density one-family residential character of the Village or hinder further development of like nature and quality, which comply with the performance standards and regulations hereinafter set forth.
§ 105-55 Prohibited uses.
All other uses are hereby prohibited in the Business C District, it being the purpose of this Article to exclude from such district all residential uses and all industrial, business and other uses, except those specified in § 105-54 hereof, as being inappropriate and not in harmony with development policy of the Village as tending to create an influx of undesirable traffic, as being in conflict with the purposes of establishing this district and in conflict with the performance standards adopted by the Village.
§ 105-56 Performance standards.
§ 105-57 Administrative provisions.
§ 105-58 Vehicular access.
Vehicular access to or from any plot in the Business C District shall be limited to Lakeville Road and Northern Boulevard.
§ 105-59 Plot coverage.
[Amended 12-13-1976 by L.L. No. 6-1976]
Buildings and structures on any plot in the Business C District shall not cover more than 15% of the area of the plot. The percentage of coverage of a plot area by buildings and loading and unloading areas and the percentage of a plot area to be devoted to landscaping, parking, sidewalks and vehicular access roads and the open space area between buildings shall, in each case, be determined by the Planning Board prior to the issuance of any building or use permit upon due consideration of the nature of the proposed use, the relationship to neighboring uses and the general aesthetic requirements of the Village.
§ 105-60 Setback requirements.
All buildings constructed in the Business C District shall be set back at least 40 feet from any street and at least 75 feet from abutting property or a street with abutting property opposite, which property is in a district zoned for residential use, either within or without the Village. Each side yard and each rear yard shall be not less than 40 feet in width. There shall be no parking permitted within the first 40 feet of any setback from Lakeville Road.
§ 105-61 Height limitations; cellar area.
A.
The heights of buildings shall be the vertical distance between any horizontal line through any point on the topmost surface of the building, including any parapets and apparatus or roof structures and the like not specifically excepted, and the average curb level in front of the building or the average finished exterior grade, whichever is lower. The average finished exterior grade shall be deemed to be the lowest finished surface elevations within an area circumscribed by a line parallel to and 15 feet from the face of the building at grade, except that the elevations of the bottoms of areaways within 10 feet of the face of the building and of driveways providing access to underbuilding parking not exceeding 25 feet in width shall not be counted. Such heights shall not exceed 30 feet, and no building in the Business C District shall contain more than two stories.
[Amended 12-13-1976 by L.L. No. 6-1976]
B.
A "story" is that part of a building between any floor, including the ground floor and the floor above or, in its absence, the ceiling or roof above. A "story" in which persons live, sleep, work or congregate, the ceiling of which is more than three feet above the average curb level in front of the building or the average finished exterior grade, whichever is lower, shall be counted as a "story." A "story" which extends less than three feet above the curb level or average finished exterior grade shall not be counted in determining the number of stories.
[Amended 12-13-1976 by L.L. No. 5-1976]
C.
Any story, any portion of the finished ceiling of which is either below the average curb level in front of the building or below the average finished exterior grade around the perimeter of the building, shall be designated as cellar area and may be used for utility purposes only, such as the location of motors, heating equipment, cooling equipment and any and all other mechanical devices necessary for the operation of the building for dead storage of merchandise inventory, supplies, files, records and the like, for parking of tenants' automobiles, but may not be used as an area in which persons may live, sleep, work or congregate, nor may such area be used for restaurant, commissary, kitchen, recreation or entertainment purposes.
§ 105-62 Exemptions from height regulations.
Notwithstanding the provisions of § 105-61, chimneys, pipes, access hatches, radio and other electronic antennas and other equipment, the operation of which is a function of use and occupancy, are excepted from the height limitation, provided that any such equipment is screened as required by the Planning Board, and further provided that the height of same shall not exceed five feet above the overall height limitation or the roof level, whichever is lower, and the setback of any such roof structures shall not be less than 16 feet measured horizontally from the exterior face of any wall of the building.
§ 105-63 Off-street parking.
No building shall be erected, nor shall any building be structurally altered so as to increase the gross floor area, nor shall any building be converted for a more intensive use in the Business C District unless there shall be provided not less than one qualified off-street parking space meeting the requirements of Article XXI hereof for each 150 square feet of floor area, or additional fraction thereof, as floor area is defined in § 105-207 hereof.
§ 105-64 Parking restrictions.
In no case shall storage, servicing, dismantling or repairing of vehicles be permitted in any parking area, nor shall the area be used for parking of vehicles of persons visiting any other plot or area within or without the Business C District. All parking shall also be restricted as follows:
§ 105-65 Screening and landscaping.
Wherever the boundary of the Business C District directly abuts property or a street with abutting property opposite or is within 100 feet of property, which property is in a district zoned for residential use (either within or without the Village), then effective evergreen landscape screening at least 15 feet in height and at least 15 feet in depth shall be provided and permanently maintained in healthy and luxuriant condition throughout the year, except along Lakeville Road, where such screening shall be at least 16 feet in depth and 15 feet in height, and that no screening shall be required along Northern Boulevard. There shall be provided along the outside perimeter of all buildings a landscaped strip of at least five feet in depth. The remaining area of any plot in the district not occupied by buildings, parking area, vehicular access, sidewalks and planting screen shall be a well-maintained lawn or a landscaped planting design appropriate to the predominantly low-density residential character of the Village. A planting plan must be submitted to and approved by the Planning Board.
§ 105-66 Standards.
The following sections contained in Article XIV of the Village Building Zone Ordinance are hereby incorporated herein by reference and are made applicable to the Business C District:
§ 105-67 Stormwater drainage.
The disposition of stormwater shall be in complete accordance with all pertinent requirements and regulations of the Department of Public Works of the County of Nassau and the State of New York, and any approval of general building plans and site plan by the Planning Board shall be so conditioned. All stormwater drainage structures shall be constructed in the bed of streets or in easements acquired for such purpose.
§ 105-68 Signs.
Signs visible from outside the plot area, except as they provide identification, appropriate traffic directions and parking instructions, are prohibited. Signs visible from outside the plot area providing identification shall be limited to an identifying sign or signs not over 30 square feet in area may be erected on or near the property line flanking the entrances to the establishment. Such signs may identify the nature of the establishment as well as the identity of the operators thereof. They shall contain no advertising. The top of such signs shall be not more than 10 feet above the ground, and the bottom thereof shall be at least three feet above the ground. No such sign shall, in any event, be located within 100 feet from any residential district, either within or outside the Village. A sign plan shall be submitted to and approved by the Planning Board.
§ 105-69 Direction signs.
Direction signs visible from outside the plot area may be erected, provided that they are not over two square feet in area. Such signs may contain no legend other than the necessary direction with an arrow or other directive device. The top of such signs shall not be more than four feet above ground. Signs not over four square feet in area identifying areas for different types of parking, as hereinabove defined, may be erected to facilitate traffic movement.