The inclusion of an Economic Development A District (hereinafter designated the "ED-A District") as part of the comprehensive plan of land use embodied in this chapter is in accord with the following development policy for the Village of Lake Success, taking into account considerations of the conservation of existing and potential property values in the Village; the character of existing development in the Village; the physical characteristics of the terrain of the Village and the suitability of the land of the Village for various uses; and 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:

The ED-A District is intended to provide a means for the establishment of the types of uses outlined in Subsection A(2) and (3) above in a manner in keeping with modern practice as to group design of the buildings in which such uses are conducted, provision of adequate off-street automobile parking space and safe and convenient traffic access and pedestrian circulation, and in harmony with the character of the neighborhood in which such uses are located.

Legislative intent. The Marihuana Regulation and Taxation Act was signed into law on March 31, 2021, legalizing adult-use cannabis in New York State. The Board of Trustees has determined that, consistent with this new legislation, the sale of cannabis products in the commercially zoned ED-A District is appropriate, provided the cannabis establishments adhere to strict safety and siting standards and the permitting process set forth in this section. These standards are necessary to promote the general welfare, health, and safety of Village residents, while also providing the Village with tax revenue generated from the retail sale of cannabis products that will benefit all Village residents.

Special use permit criteria for cannabis uses.

Application requirements for cannabis use. For all cannabis establishments, a special use permit application must be submitted to the Village Clerk at least 30 days prior to the Board of Trustees meeting, along with 12 sets of the site plan requirements set forth in Article XXV and 12 sets of the following:

Approval process for cannabis use.

No use shall be established, expanded, maintained or conducted in the ED-A District unless the same shall comply with all of the performance standards set forth in this section.

The purposes of these performance standards are, consistent with the promotion of the public health, safety, morals and general welfare of the Village, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to lessen traffic congestion and to facilitate development of areas in accordance with the development policy of the Village, and in furtherance thereof:

The following uses are prohibited in any event for the reasons that they are inappropriate and not in harmony with the development policy of the Village; they are in conflict with the purposes of establishing the ED-A District; their intrinsic nature is abhorrent to the performance standards hereinafter set forth; or they tend to create an influx of traffic at inappropriate times:

The enumeration of prohibited uses shall not be deemed, in any manner, to imply that any use not included among prohibited uses may be permitted as a matter of right, it being the intention that no use shall be permitted in the ED-A District unless it is approved by the Village of Lake Success Board of Trustees, upon recommendation of the Planning Board, and unless the same shall not only comply with the performance standards but shall be in accord with the development policy of the Village.

Definitions. For the purpose of this section, the following terms are defined as follows:

Method of measurement. For the purpose of measuring the intensity and frequencies of sound, sound-level meters and octave-band filters shall be employed. Sounds of short duration which cannot be measured accurately with the sound-level meter shall be measured with the impact noise filter as manufactured by the General Radio Company, or its equivalent, in order to determine the peak value of the impact.

Maximum permitted sound-pressure level.

Definitions. For the purpose of this section, the following terms are defined as follows:

Method of measurement. For the purpose of measuring vibration, a three-component measuring system approved by the administrative official shall be employed.

Maximum permitted steady-state and impact vibration displacement.

Definitions. For the purposes of this section, the following terms are defined as follows:

Method of measurement of smoke. For the purpose of grading the density of the smoke, the Ringelmann Smoke Chart shall be used for the purpose of determining the total smoke units omitted, a reading shall be taken every minute for an hour or, if less than an hour, until the total smoke units emitted exceed the number allowed by this chapter. Each reading shall be multiplied by the number of minutes during which it was observed and the product added.

Maximum permitted emission of smoke. In the ED-A District there shall be no measurable emission of smoke, gas or other atmospheric pollutant. The emission of one smoke unit per hour and smoke with discernible density of No. 1 on the Ringelmann Smoke Chart shall be prohibited.

Maximum permitted emission of dust.

General control over smoke and other particulate matter. In addition to the performance standards of regulating smoke and other particulate matter, the emission of such matter shall be so controlled in manner and quantity of emission as not to be detrimental to or endanger the public health, safety, comfort or other aspects of the general welfare or cause damage or injury to property.

For the purpose of this section, the following terms are defined as follows:

No use shall be permitted in the ED-A District which will cause any dissemination whatever of toxic or noxious matter.

No activity producing humidity in the form of steam or moist air or producing heat shall be conducted in the ED-A District in such a manner that the steam, humidity or heat is perceptible at any lot line of the lot upon which such activity is conducted.

All exterior lighting or other illumination shall be of such design, so shaded and so located that the light sources may not be seen beyond the boundaries of the plot on which located. In approving site development plans, the Planning Board may limit the hours and intensity of lighting so as to minimize the possibility of disturbance to nearby residential areas.

Administrative official. The Building Inspector shall administer and enforce this Article. He may be provided with the assistance of such other persons as the Board of Trustees or the Planning Board may direct.

Planning Board approval. No building shall be erected, altered or used, and no lot or premises shall be used unless the Planning Board shall have approved the proposed use, the building plans and site plan as complying with the development policy of the Village and the performance standards hereinabove set forth.

Time limitation. The proposed use, the building plans and site plan, or amendment thereof, shall be approved or disapproved by the Planning Board within 60 days after the completion of the filing thereof, or the filing of an amendment thereof, and the filing of all evidence requested by the Planning Board by delivering the same to the Village Clerk.

Disapproval. Disapproval of the proposed use, the building plans or site plan shall be by written notice mailed by the Village Clerk to the applicant, which notice shall state the reason or reasons for such disapproval. The Building Inspector shall receive copies of such notice of disapproval.

Approval. Approval of submitted proposed use, building plans and site plan by the Planning Board shall be based on conformity of said use and plans to the provisions of this Article, and such approval shall be by resolution of the Planning Board, copies of which shall be mailed by the Village Clerk to the applicant and to the Building Inspector. At the same time, the Planning Board shall deliver to the Building Inspector duplicate copies of all related building plans and site plan as approved.

No waiver. No approval by the Planning Board of any proposed use, any building plans or site plan shall constitute a waiver of any other pertinent codes, regulations, requirements or ordinances of the Incorporated Village of Lake Success or any other properly constituted jurisdictional authority.

Building permit. No building permit shall be issued by the Building Inspector for any construction or installation within the scope of this Article unless there shall have been filed with the Building Inspector, along with the application for building permit, a certified copy of the Planning Board resolution approving the proposed use, the building plans and site plan.

Discretion in Planning Board. In studying the proposed use, the building plans and site plan, the Planning Board and the Building Inspector shall consider all factors they deem pertinent with specific relationship to the development policy of the Village and the performance standards hereinabove set forth in § 105-95. In considering any proposed use, building plans or site plan hereunder, the Planning Board and the Building Inspector shall endeavor to assure safety and convenience of traffic movement, both within the limits of the site and in relation to access streets, harmonious and beneficial relation among the buildings and uses on the site and satisfactory and harmonious relation between the site and contiguous land and buildings and adjacent neighborhoods, all in furtherance of the purpose of this chapter.

Certificate of occupancy.

Expiration of building permit. If the work described in any building permit has not begun within six months from the date of issuance thereof, the permit shall expire and be cancelled by the Building Inspector. If the work described in any building permit has not been substantially completed within one year of the date of issuance thereof, said permit, unless extended by the Building Inspector and the Planning Board, upon application of the property owner, shall expire and be cancelled by the Building Inspector. In either event written notice thereof shall be given by the Building Inspector to the persons affected and to the Planning Board.

Architectural supervision. With respect to any application for a building or use permit for any building or alteration or extension of any building in the ED-A District, said application shall be accompanied by complete building plans, contour maps and drawings or sketches showing architecturally the exterior elevations of the proposed building and showing the proposed landscape or other treatment of the grounds around such building and such other maps, plans and subdivision plot plans as are required by the Village of Lake Success. Such plans, maps, drawings and sketches and plot plans shall be submitted by the Planning Board to its architect and shall be considered by him and the Planning Board in an endeavor to provide that the architectural design and general appearance of such building and grounds be in keeping with the general architectural styles within the Village and such as not to be detrimental to the orderly and harmonious development of the Village and so as not adversely to affect the desirability of neighboring areas for residential purposes. No building or use permit shall be issued until such plans, maps, drawings and sketches and plot plans have been approved by the Planning Board and its architect.

In the case of a group development consisting of more than one building in harmonious relationship to one another, with access and open space appurtenant to the group, as set forth on the subdivision plans and on building and site plans therefor, the land occupied by the group development shall have an aggregate area of not less than 4.7 acres times each building comprised within the group. In such case, all interior roads shall be subject to approval by the Planning Board with respect to width and location and with respect to access to public highways and control of traffic, and such interior roads shall be constructed in accordance with the standard specifications for Village streets.

As a prerequisite to Planning Board approval of any group development plan, the applicant shall, on behalf of himself and all subsequent owners of property, execute and deliver to the Village an instrument in proper form for recording:

Provisions with respect to group development shall be applicable whether or not the plot is subdivided.

Buildings and structures on any plot in the ED-A District shall not cover more than 25% 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 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. In those cases where the Planning Board can make a positive finding that the 25% coverage of land is not sufficient limitation to satisfy aesthetic, parking and landscaping requirements hereinabove set forth, then additional restrictions may be imposed to the extent determined by such positive finding.

For calculation of areas covered by buildings under Subsection A of this section, the plan dimensions of buildings at grade shall include all projections such as exterior vestibules, canopies, fixed awnings and any other above-grade projections.

Front yard. With respect to all plots having front yards abutting on an arterial highway, other than a parkway, the front yard depth shall not be less than 150 feet. Such requirement of a one-hundred-fifty-foot setback may be reduced to 100 feet on Marcus Avenue upon approval of the Village Board of Trustees, upon recommendation of the Planning Board, if no parking for motor vehicles is provided for in the entire setback area directly in front of the entire length of the building fronting on Marcus Avenue and if there is maintained a densely landscaped and screened fifty-foot buffer strip along Marcus Avenue not lying directly in front of the building. The front yard depth on plots abutting other public streets, including a parkway, shall not be less than 100 feet.

Side yard. Each side yard width shall not be less than 50 feet, except that a side yard abutting a parkway or abutting property in a residentially zoned district, either within or outside the Village, shall not be less than 120 feet.

Rear yard. Rear yard depths shall not be less than 50 feet, except that a rear yard abutting a parkway or abutting property in a residentially zoned district, either within or outside the Village, shall not be less than 150 feet.

Method of measurement. All setback dimensions shall be measured from the property line of the plot to the nearest point of the building measured at grade or any projection above grade.

Buffer strip and building lines on arterial highways. As part of the yard requirements provided in Subsections A, B and C above, a fifty-foot-wide buffer strip shall be maintained, extending the entire length of and adjacent to New Hyde Park Road, in the Economic Development A District, which buffer strip, broken only by access roads and streets, shall be densely screened with trees, both deciduous and evergreen, and shall be planted with such additional trees as the Planning Board may deem necessary effectively to mask from view of adjacent residential areas any buildings to be erected in the Economic Development A District, and the owner of such property shall be charged with the responsibility of protecting and maintaining the existing trees and future plantings within such buffer strip. Such buffer strip shall be in lieu of the fifteen-foot screening and landscaping area required in § 105-117 A and B of this Article. In no event, however, shall the building line of any property abutting New Hyde Park Road be less than 150 feet from the nearest point on New Hyde Park Road, nor shall the building line of any property abutting Marcus Avenue be less than 100 feet from the nearest point on Marcus Avenue.

Modifications in group development. In the case of group development, whether or not the plot is subdivided, the Planning Board may, in its discretion, modify internal front, side and rear yard requirements to the extent necessary to accommodate a more advantageous grouping of structures; provided, however, that distances between buildings shall not be less than 50 feet at any points.

The height of a building shall be the vertical distance between any horizontal line through any point on the topmost surface of the building, including all parapets, apparatus and roof structures 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 average of the lowest finished surface elevations within an area circumscribed by a line parallel to and 15 feet from all exterior walls 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 height shall not exceed 30 feet, and no building in the ED-A District shall contain more than two stories, as defined under Article II of this Building Zone Ordinance.

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 buildings or for parking of tenants' automobiles, such cellar area may not be used as an area in which persons may live, sleep, work or congregate, except that the Board of Trustees on the recommendation of the Planning Board may permit cellar areas to be used for limited occupancy purposes, including restaurants not serving the general public, mail rooms and file rooms. All cellar areas used for such limited occupancy purposes shall be sufficiently ventilated and lighted and supplied with sanitary facilities. No cellar area used for limited occupancy purposes shall have an occupancy exceeding three employees per 1,000 square feet of cellar floor area.

Notwithstanding the provisions of § 105-114, 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, 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.

Nothing contained in this section shall be construed to permit the use of commercial radio and television transmitters prohibited under § 105-96 of this Article or to permit violation of regulations promulgated by the Civil Aeronautics Administration of the United States Government pertaining to the installation of flag poles, radio and other electronic antennas.

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 ED-A 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.

Under unusual conditions of parking requirements, such additional off-street parking facilities shall be provided as may be required by the Planning Board.

Such parking areas shall not be used for any purpose other than the temporary parking of automobiles and other vehicles. In no event shall any parking of vehicles be permitted in the front yard of any building in this district or on any streets in or adjacent to this district. Parking areas shall not be closer than 14 feet to any rear yard or side yard lot lines, which 14 feet shall be devoted to landscaping and screening as defined in § 105-117 of this Article.

No street in this district shall be used for parking or loading or unloading of vehicles.

Screening.

Landscaping. The remaining area of the plot not occupied by buildings or loading or unloading areas, parking areas, vehicular access, sidewalks and landscape screening shall be a well-maintained lawn or a landscaped planting design appropriate to the predominantly low-density residential character of the Village.

Fencing. Wherever the boundary of the ED-A District directly abuts a parcel of land which is being used or may be used for residential purposes or the right-of-way of a parkway or arterial highway, a chain link fence at least six feet in height shall be installed; provided, however, that where such boundary is along the front line of a plot, the above mentioned chain link fence shall not be installed. No such fence shall be required on any boundary line on which exists a chain link fence erected and maintained by the Long Island State Park Commission.

All streets within the ED-A District shall be not less than 30 feet in width measured from curb to curb, with a right-of-way not less than 60 feet, and shall be subject to approval by the Planning Board with respect to location and with respect to control of traffic and shall be constructed in accordance with specifications for streets in commercial and industrial areas (Type E pavement) as set forth in Village ordinances and standard specifications. Prior to the issuance of a certificate of occupancy with respect to any building erected on any land abutting such street, the entire street, including the area in front of such building and extending to the intersection with an existing arterial highway, shall be completed by the owner, approved by the Village and conveyed to the Village.

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, in the State of New York, and any approval of general building plans and site plan by 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.

The owner shall enter into an agreement with the Village in form acceptable to the Village Attorney providing for the construction and dedication of streets and drains in accordance with the Village Planning Board Ordinance, the posting of performance and maintenance bonds and fixing a date acceptable to the Planning Board for the completion of such construction. Such agreement shall also provide that, wherever sanitary sewers are located in the right-of-way of streets, there will be no construction commenced on such streets until said sanitary sewers are completed by the owner and dedicated to and accepted by the County of Nassau.

Limitations.

Direction signs. Direction signs visible from outside the plot area, such as, but not limited to, "Visitors Parking," "Company Parking," "Shipping Department" and "Receiving Department", 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.

Lighting restrictions. Any permitted signs hereinabove described may be illuminated in any reasonable manner, provided that no flashing or moving signs shall be permitted, nor shall the source of such illumination be visible from any point outside the plot upon which the sign is located.

An application for approval of a subdivision plat in the Economic Development A District shall be submitted in compliance with the Village Planning Board Ordinance. Such application will not be approved by the Planning Board until satisfactory evidence has been submitted that the owner has entered into an agreement with the Nassau County Department of Public Works and has posted the required bonds for the construction and dedication of a complete system of sanitary sewers to serve all of the proposed plots in the district.

An application for approval by the Planning Board of contemplated general building plans and site plan, or of contemplated alteration of existing general building plans or site plan, or both, must be in writing by the owner of the plot and must be accompanied by the said general building plans and site plan, or by plans showing contemplated alterations of existing general building plans or site plan, or both, prepared by a registered architect or licensed professional engineer in sufficient detail to establish compliance with all matters pertinent to and covered by this Article.

The said applications and related plat plans or general building plans and/or site plan shall be in triplicate, addressed to the Planning Board and filed in the office of the Village Clerk.

With and upon the filing of an application relating to contemplated new construction on a previously undeveloped plot, there shall be paid to the Village a minimum filing fee of $500 covering the first two acres, plus $100 for each additional acre or fraction thereof. The site plan shall show the total acreage.

With and upon the filing of an application relating to any contemplated alteration of either existing general building plans or existing site plan, or both, there shall be paid to the Village a filing fee based in amount on the estimated cost of the contemplated alterations at the same rates as are defined in the applicable portion of the Village Building Code as building permit fee.[1]

The filing fees defined in this section are related solely to the consideration of applications of whatever nature by the Planning Board and have no effect whatsoever on such building permit fee as must later accompany the application for the building permit.

No additional filing fee shall be involved if and when amended plans are filed, unless and to the extent that the amended plans may represent an increase in building area.

Except as hereinabove modified or qualified, all construction in the ED-A District shall conform to the prevailing Building Code of the Incorporated Village of Lake Success.[1] No construction or alteration within the scope of this Article shall be commenced or executed in any part until and unless the Building Inspector shall have issued a building permit which after issue must be prominently posted on site under cover from weather for the cognizance of qualified inspectors under any pertinent jurisdiction.

Said building permit shall be issued by the Building Inspector only after:

The Building Inspector shall not issue any certificate of occupancy unless and until the construction of the buildings and facilities shall have been in full compliance with all applicable laws, ordinances, rules, codes, regulations and stipulations.

If, at any time after the issuance of such certificate of occupancy, it shall be determined in the findings of the Building Inspector that the occupancy related to any plot or lot in the ED-A District shall deviate from the occupancy for which approval was initially given, the Building Inspector shall give notice in writing to the owner of the property in question, such notice shall set forth the nature and extent of such deviations. Such notice shall be sent to the owner of the property by registered mail. If the objectionable deviations shall not be remedied by the owner within 30 days of such notice, unless extended by the Board of Trustees, the certificate of occupancy for the premises shall become void, without further or additional notice.

General. The provisions described in this Article and in any other ordinance of the Village applicable to the development of any areas pursuant to this Article shall be enforced by the Building Inspector of the Incorporated Village of Lake Success, or his authorized deputy as designated by the Village Board of Trustees, in accordance with the provisions of §§ 105-1 through 105-5 of the Building Zone Ordinance of the Incorporated Village of Lake Success, and failure of the Village to enforce any or all of said regulations and provisions shall, in no event, be deemed a waiver of the right to do so thereafter.

Enforcement of performance standards.

Complaint. Whenever a violation of this Article occurs or is alleged to have occurred, any person may file a written complaint with the Village Clerk. Such complaint shall state fully the causes and basis thereof. The Village Clerk shall record the complaint properly and refer the same promptly to the Building Inspector, who shall take action thereon as provided by this Article.

Remedies. In case any building is erected, constructed, reconstructed, altered, maintained or used in violation of this Article, the Building Inspector, the Board of Trustees, the Planning Board or any person aggrieved may, in addition to other remedies provided by law, institute injunction, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.[1]

Article XIX of this chapter, as amended, is herewith further amended to conform to this Article.