Lynbrook City Zoning Code
ARTICLE IX
General Regulations
§ 252-59 Applicability.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided for in the following supplementary regulations.
§ 252-60 Construction of permitted uses.
All uses permitted in the Village shall be in a structure having support by columns or by walls, as defined in § 252-2, and shall be erected in accordance with the Building Code[1] requirements of the Village in all other respects and after a permit and certificate of occupancy have been issued.
[1]
Editor's Note: See Ch. 31, Building Construction.
§ 252-61 Bulk requirements to be complied with.
No building shall be erected or altered and no lot area shall be so reduced that thereby the minimum dimensions of yards, courts or other open spaces shall be less than prescribed by this chapter, except where a practical and unnecessary hardship results.
§ 252-62 Shows and similar exhibitions to be in permanent structures.
In no district shall there be permitted any show, exhibition or performance, circus, carnival, theatrical representation, moving picture shows, feats of horsemanship, caravan of animals, or of any animals or artificial curiosity, unless same are housed in a permanent structure erected for theatrical or show purposes in conformity with the Building Code[1] of the Village.
§ 252-63 Certain amusements to be in permanent structures.
In no district shall there be permitted the erection or maintenance of carousel, Ferris wheel, gravity steeplechase, scenic cave or scenic railway, bicycle carousel, striking machine, switchback or merry-go-round, unless housed in an enclosed permanent structure erected for such purposes in conformity with the Building Code[1] of the Village.
§ 252-64 Minimum setbacks.
[Amended 4-4-1988 by L.L. No. 10-1988]
A.
The front yard or setbacks of any structure in all districts shall be the greater of:
(1)
The front yard setbacks required in that district pursuant to the Articles of this chapter;
(3)
The average front yard setbacks of all existing structures on the block the parcel upon which the structure is to be built or maintained is located and on the same side of the street as the subject parcel.
B.
With respect to corner plots, such plots in the Commercial, Light Manufacturing and Industrial Districts shall be deemed to have two front yards for purposes of compliance with the front yard setback provisions of this section.
§ 252-65 Village not subject to chapter.
[Amended 1-14-2019 by L.L. No. 2-2019]
A.
The Village shall not be subject to Chapter 252, Zoning, of the Lynbrook Village Code. The Village may permit, erect, alter or use any building or premises in any district throughout the Village for any municipal use or purpose.
B.
Notwithstanding the aforementioned, in the event the Village shall erect any new building or new structure in excess of 2,000 square feet, a notice shall be sent by the Village to each property owner, via first-class mail, within 200 feet of the subject parcel boundary lines. Such notice shall identify the subject parcel and state the municipal use or purpose the Village intends to use such parcel for and the date, time and place the matter will be set for public discussion at a Village Board meeting. This notice provision set forth above is not jurisdictional.
§ 252-66 Public parking lots.
The Village may license for use in the Commercial, Light Manufacturing and Industrial Districts any lot or plot for public parking, for which parking a charge may be made, upon fee to be paid by the owner or lessee of said premises to the Village, and said Village may use for public parking, for which no fee is charged, any lot or plot in the Village.
§ 252-67 Uses allowed with permit.
The Board of Appeals may, in appropriate cases, after public notice and hearing and subject to appropriate conditions and safeguards imposed by the said Board of Appeals for the health, safety, morals or general welfare of the public determine and vary the application of the use regulations contained in this article established in harmony with the general purpose of the Zoning Ordinances and within the limits of the state enabling acts and the intent thereof, without the applicant being obliged to show practical difficulties or unnecessary hardship as follows:
A.
Permit in the Light Manufacturing or industrial Districts a small animal hospital, subject however, to the standard and guide provision contained in this chapter.
B.
In no district except Light Manufacturing and Industrial shall there be permitted to be placed in the open in any yard, lot or plot for storage any vehicles, material or tools, nor shall same be permitted upon fly such lot or plot where a building or buildings are to be constructed, unless a permit has been legally issued therefor and only for the purpose of such construction, but all such materials shall be fenced in.
§ 252-68 Issuance of permits for municipal uses and public utilities.
The Board of Trustees reserves to itself the discretion, approval and authority to issue permits for the erection, enlargement or increase of buildings and uses for municipal uses or purposes and for public utility companies for public use, upon such conditions as it may deem necessary for the public health, safety, morals and general welfare.
§ 252-69 Billboards and signs.
No billboards or advertising signs shall be erected or maintained in the A, B or C District, and no billboards in the Commercial District. Billboards or advertising signs may be erected in the Light Manufacturing or Industrial Districts, provided that same are not more than 50 square feet in area. All such billboards and advertising signs shall be three feet or more clear above the ground and shall be 10 feet or more from any lot line. If not attached to the wall of the building for their entire length, they must be lighted on both sides, the lights, however, so arranged or shielded as not to shine into any building used for dwelling purposes in the vicinity of said billboard or sign.
§ 252-70 Outdoor dining.
[Added 5-6-2019 by L.L. No. 3-2019]
A.
Outdoor dining may be permitted pursuant to a permit granted by the Village Board of Trustees.
B.
A permit shall not be issued unless the Board finds that:
(1)
There is adequate space for pedestrians on the sidewalk adjacent to the outdoor dining area.
(2)
The outdoor dining area is separated from the sidewalk by aesthetically acceptable fencing, partition, or shrubs.
(3)
The outdoor dining site plan as submitted demonstrates that the proposed use will be compatible with and enhance the character of the surrounding neighborhood.
C.
Permit required; fee.
(1)
No outdoor dining facility, including but not limited to tables, counters, chairs, seats, benches, and related equipment, shall be allowed unless a permit has been first obtained from the Village Board of Trustees.
(2)
The fee for such permit shall be in such amount as determined by resolution of the Board of Trustees.
D.
The application for an outdoor dining permit shall be filed and shall contain the following additional information:
(1)
Whether alcoholic beverages are to be served and, if so, a copy of the appropriate liquor license issued by the State of New York shall be appended to the application.
(2)
A survey of the subject property shall be provided which shall include the abutting properties and the adjacent Village sidewalk.
(3)
A site plan shall be provided showing the complete sidewalk area to be included in the outdoor dining facility with the location of all furniture and fixtures to be used including a fully dimensioned seating plan, location and description of artificial lighting fixtures, and the location of entrances and exits.
(4)
Manufacturers' materials describing all furniture and fixtures to be used.
(5)
A description of how and where such furniture and fixtures will be stored and secured during nonoperational hours.
E.
Alcoholic beverages. The consumption of alcoholic beverages of any type or kind in an outdoor dining area is prohibited unless served by the licensed premises and accompanied by the service and consumption of food. It is the responsibility of the owner and/or operator of the premises who has obtained a permit hereunder for outdoor dining to insure compliance with this provision.
F.
Special provisions where outdoor dining is on a public sidewalk.
(1)
The person or persons to whom a permit for outdoor dining has been issued shall be liable to and shall indemnify the Village for any loss, damage, or expense incurred by the Village arising out of the operation of such outdoor dining area.
(2)
Prior to the issuance of a permit, the applicant shall present to the Village a certificate of insurance for comprehensive general liability insurance naming the Incorporated Village of Lynbrook as an additional insured for a minimum of $1,000,000 coverage per occurrence and at least $2,000,000 in the aggregate.
(3)
The outdoor dining shall not interfere with pedestrian traffic and shall be limited to areas directly adjoining the establishment. The outdoor dining shall not block any required exit to the building and shall be compliant with all state and local codes.
(4)
There shall be a minimum of five feet total sidewalk with clearance to provide adequate and unobstructed pedestrian movement, such width to be measured from the outermost point of the outdoor dining area to the nearest obstruction.
G.
Revocation or suspension of permit. The Superintendent of Buildings may revoke or suspend a permit when he or she finds a violation of any applicable regulation, ordinance, local law or statute, or that a continuation of said permit would constitute a hazard or nuisance.
H.
Maintenance of the premises.
(1)
The outdoor dining area and adjacent areas shall be maintained clean and kept refuse free.
(2)
The outdoor dining area and adjacent areas shall be swept and washed down each night at closing and at such other times as needed.
(3)
Sufficient containers for trash shall be placed in the outdoor dining area.
I.
Conditions of permit. In addition to such conditions as the Board may deem appropriate, the Board shall also consider whether conditions should be included as to:
§ 252-71 Reductions in lots.
No lot shall be so reduced in area that any required open space will be smaller than prescribed in the regulation for the district in which said lot is located, except as hereinbefore set forth.
§ 252-72 Visual obstructions.
[Amended 12-18-1978 by L.L. No. 18-1978]
After December 18, 1978, on a corner lot in any residence district, no fence, wall, hedge or other structure or planting more than three feet in height shall be erected or placed from a point 20 feet from the inside sidewalk line.
§ 252-73 Bay windows.
Bay windows, including their cornices and eaves, may project into any required yard not more than two feet; provided, however, that the sum of such projection on any wall does not exceed 1/3 the length of said wall.
§ 252-74 Fire escapes.
Open fire escapes may extend into any required yard not more than four feet six inches.
§ 252-75 (Reserved) [1]
[1]
Editor's Note: Former § 252-75, Lots divided by district boundaries, was repealed 12-9-1991 by L.L. No. 11-1991.
§ 252-76 Businesses on residential district boundaries.
A.
Where a residence district is bounded by a portion of a Commercial, Light Manufacturing or Industrial District, referred to hereafter as "business district," any side street extending through such residence district into such business district shall not be used for any business purposes except as herein set forth.
B.
The business structure erected in said business district shall face and open upon the street set aside for business purposes, except that show windows in such business structures may be built and exposed upon said side street within the area set aside as a part of such business district, and an entrance may be made at the corner of such business and residential street; and all other entrances thereto must face on the business street, except that entrances may be made from such residential street to the upper stories of such business structure.
C.
All front, side and rear doors of all such business structures must be and remain securely closed, except when being used to exit from or enter into such business structures.
[Added 4-15-1985 by L.L. No. 3-1985]
§ 252-77 Required yards between business and residence districts.
Where a lot in a business or industrial district abuts a lot in a residence district, there shall be provided along such abutting line a yard equal in width or depth to that required in the residence district. Such yard need not be in excess of 10 feet.
§ 252-78 Permits affected by legislation in process.
No permit shall be issued for a use which is prohibited or which is not expressly permitted in an amendment to this chapter or to a new Zoning Ordinance which has already been published, until such amendment or ordinance has been either defeated or adopted and ordained. In the event it is defeated, then if the use is permitted by the old ordinance, a permit shall be issued therefor, if the applicant has complied with all the code and other Village requirements. If the use is prohibited by an adopted or ordained ordinance, then no permit shall be issued.
§ 252-79 Standards for grant of exception.
When the Board of Appeals grants an exception referred to in this article, then it shall be guided in its determination and discretion by the same standard as is set out in § 252-115.
§ 252-80 Storage of fuel to service vehicles of owner or occupant.
A person, firm, association or corporation may, for the sole purpose of servicing the vehicle used in his or its own business with gasoline, maintain for such service not more than two pumps and the tanks necessary therefor, such tanks to hold not more than 2,000 gallons of gasoline. Neither the pumps nor tanks may be installed inside the building but must be so located that they shall be wholly used and operated within the property lines of the building lot, the tanks to be serviced by vehicles without using the sidewalk.