That area bounded on the north by Marcus Avenue, on the east by Lakeville Road, on the south by property of the Long Island Jewish - Hillside Medical Center, as presently existing, and on the west by the boundary line of the City of New York; and

That area bounded on the north by the south service road of the Long Island Expressway, on the east by Hollow Lane, on the south by property belonging to Union Free School District No. 7 and on the west by property belonging to the State of New York, as presently existing.

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 the 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, such 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 § 105-132. 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 R-O 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, drawing 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 1/4 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 the 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.

A building permit will not be issued for any building which is part of a group development unless a subdivision plan and site plan for the entire group development has been approved.

Buildings and structures on any plot in the R-O 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 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.

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

Front yard. The front yard of all structures in the R-O District shall abut a dedicated street providing access directly to a major highway or parkway or private interior road providing access to such a street. No front yard shall be less than 120 feet in depth, except that the front yard of a building in a group development of three or more structures may be not less than 90 feet in depth, provided that the average depth of all front yards of all structures in such group development shall not be less than 120 feet in depth.

Side yard. Each side yard width shall not be less than 100 feet, except that a side yard abutting property in a residentially zoned district, either within or outside the Village, shall not be less than 120 feet.

Rear yard. Rear yard depth shall not be less than 100 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.

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 more advantageous grouping of structures; provided, however, that distance between buildings shall not be less than 90 feet at any points.

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 R-O District shall contain more than two stories.

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 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.

Any story, any portion of the finished ceiling of which is 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 other mechanical devices necessary for the operation of the building; for dead storage of merchandise inventory, supplies, files, records and the like; and 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.

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 R-O 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.

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 the R-O District or on any streets in or adjacent to the R-O 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 § 105-143.

No street in the R-O 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 R-O District directly abuts a parcel of land which is being used or may be used for residential purposes, or the right-of-way of an 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.

All streets within the R-O 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 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.

The owner shall enter into an agreement with the Village in a 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, dedicated to and accepted by the County of Nassau.

Whenever a plot in the R-O District abuts a county or state highway and an educational or recreational facility belonging to the Village, town, county, state or school district, the Planning Board may require the owner of such plot to construct a bicycle path in accordance with the standards of the County of Nassau, with such bicycle path to be located on the right-of-way or on the plot.

Limitations, 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:

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.

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 Research and General Office R-O 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 R-O 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.

The 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 R-O 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.

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, alterations, maintenance or use.[1]

Article XIX of this chapter, as amended, is herewith further amended so that it will conform to this Article.