Lynbrook City Zoning Code
ARTICLE V
Regulations for Commercial Districts
§ 252-29 Permitted uses.
[Amended 11-20-1967 by Ord. No. 67-8; 1-22-1979 by L.L. No. 1-1979; 4-7-1980 by L.L. No. 3-1980]
A.
In a Commercial District, no building or premises shall be used, and no building shall be erected or altered, which is arranged, intended or designed to be used for other than one or more of the following uses:
(1)
All uses allowed in Dwelling A, B and C Districts.
(2)
Any retail or wholesale business or wholesale sample room, except that which is expressly prohibited by this chapter.
(3)
Banks, offices or studios.
(4)
Bake shops or bakeries where bread, bread rolls or cake, or both products, are baked or sold at retail on premises only.
(5)
Bowling alleys, billiard parlors or recreational uses not otherwise prohibited by this chapter, subject to approval of the Board of Trustees pursuant to Article XV of this chapter, after notice and public hearing.
[Amended 4-18-1994 by L.L. No. 4-1994]
(6)
Dry cleaning, limited to taking orders, pickup and delivery, cleaning process excluded.
(7)
Launderettes, to be permitted only as and when the Village has sewers.
(8)
Mortuaries, undertaking or embalmment parlors.
(9)
Restaurants, tearooms or lunch counters.
(10)
Showrooms for the display or sale of motor vehicles, with the right to have as an accessory use thereof a repair shop with or without gasoline service for the servicing of cars, provided that the gasoline is in tanks underground, and provided further that all the aforesaid are housed in a permanent structure complying with the Building Code[1] requirements of the Village, and provided further that the portion of the premises used for the repair shop is limited to 75% of the area of the ground floor showroom. Not more than two pumps for the service of gasoline may be installed or used and they must be contained inside the building.
[1]
Editor's Note: See Ch. 81. Building Construction.
(11)
Tailor repairs with hand spot-cleaning accessory thereto, wholesale cleaning process excluded.
(12)
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(12), which listed recreational uses not otherwise prohibited by this chapter as permitted uses, was repealed 4-18-1994 by L.L. No. 4-1994.
(13)
A warehouse of fireproof construction, as provided in Article XVI of Chapter 81 of the Code of the Village of Lynbrook, to be not over two stories high, for the storage of furniture and household effects.
(14)
Multiple dwellings, subject to approval of the Board of Trustees, after public hearing and notices.
(15)
Retail and wholesale fish markets or retail fish departments in supermarkets, subject to the approval of the Board of Trustees after a public hearing, pursuant to notice.
(16)
Notwithstanding any other provision of this chapter, a hotel will be permitted on a parcel of land situated on and abutting the southerly boundary of Sunrise Highway and east of the intersection formed by the intersection of Sunrise Highway and Wyoming Avenue, with a minimum area of 55,000 square feet, provided there is compliance with the following regulations:
[Added 1-3-2005 by L.L. No. 1-2005]
(a)
Permitted uses. Hotel and accessory uses customarily incidental thereto, including, but not limited to, restaurants, cocktail lounges, bars, banquet halls, retail sales, meeting rooms and recreational facilities may be permitted pursuant to special use permit under § 252-116.
(b)
Sleeping accommodations shall be designed for transient guests without cooking facilities.
(c)
Areas used for restaurant use, the sale of beverages for consumption on the premises, bars, meeting rooms, retail sales, banquet facilities, and recreational facilities shall be limited in such number and capacity so as to ensure their adequate functioning as subordinate and accessory uses to the hotel use. Each such nonsleeping area will require a separate certificate of occupancy.
(d)
There shall be no basement or cellar occupancy for living or sleeping quarters.
(e)
There shall be provision of twenty-four-hour front desk service for every day the hotel conducts its business.
(f)
Exterior signs will be permitted only pursuant to permit issued by the Building Department after review by the Architectural Review Board.
(g)
Structure height.
[1]
Building height measured from curb level to the top of the parapet wall, or other point of maximum height of an exterior wall, shall not exceed 40 feet.
[2]
Any elevator room, mechanical room or other such penthouse or bulkhead exceeding said maximum height of the exterior wall shall be permitted, provided the height of such structure does not exceed 10 feet and the area does not exceed 150 square feet.
(h)
Front, side and rear setbacks. No part of the building wall shall be constructed within 25 feet of any property Line of the subject parcel, except for permissible encroachments such as door or window canopies, marquees, or decorative features.
(i)
Parking. There shall be, on site, one parking space per guest room, plus one space per employee, plus additional spaces as required by § 252-54 of this chapter for any accessory restaurant, conference, or meeting room, public assembly, retail or office uses, where said accessory uses are intended for nonstaying guests. Notwithstanding the above, where the hotel operates in a manner where at least 35% of its guests arrive and depart by mass or group transportation, the Village Board, in acting on the special permit, may reduce the entire parking requirement for the hotel to no less than 0.8 parking space per guest room.
(j)
As part of the special use permit application process, an applicant will submit a site plan and landscape plan which must demonstrate adequate parking to comply with the requirements of Subsection A(16)(i) and (n) of this section and adequate landscaping to provide reasonable aesthetic screening of the parking areas commensurate with the conditions existing at and around the subject parcel. In its discretion, the Village Board may refer the landscaping site plan to the Architectural Review Board for an advisory opinion concerning the adequacy of the landscaping for purposes of screening as aforesaid. All areas of landscaping shall be provided with adequate irrigation by sprinkler systems and shall be maintained in a healthy condition so as to constitute continual adequate screening and an adequate aesthetic appearance.
(k)
No heating or air conditioning equipment or units shall extend through any exterior wall of the building other than vents which will be permitted, provided that such vents are near to flush to the exterior wall.
(l)
Dumpsters, as are required for the hotel, must:
[1]
Be adequately screened so as to present a reasonably aesthetic appearance;
[2]
Be situated on a raised platform consisting of an eight-inch concrete deck; and
[3]
Be enclosed by a suitable fence which shall include gates for use by the trash removal truck and a separate gate for use by hotel personnel for depositing trash.
(m)
All exterior lighting shall be confined to the subject parcel and shall not unreasonably radiate into any adjoining parcel.
(n)
Before a special use permit is issued:
[1]
The construction plans and site plans must be submitted to the Lynbrook Fire Department for evaluation. The Fire Department will submit a report to the Board of Trustees commenting on compliance with Code and accessibility for firematic purposes; and
[2]
A parking plan must be submitted to the Building Department for approval. Said plan shall:
[a]
Comply with accepted standards for the proposed use; and
[b]
Display an acceptable scheme to limit parking use to hotel guests and/or livery vehicles.
§ 252-30 Prohibited uses.
[Amended 8-13-1968 by Ord. No. 68-20; 6-16-1980 by L.L. No. 9-1980]
A.
No building or premises shall be used, and no building shall be erected or altered, which is arranged, intended or designed to be used for any of the following specified trades, industries or uses:
(1)
Bottling or distribution stations.
(2)
Car barns.
(3)
Carpenter shops.
(4)
Carpet or rug cleaning establishments.
(5)
Cement plants, cement mix plants or lime mix or mixture, cement or cement mix or mixture, gypsum or plaster of paris mix or mixture, or manufacture thereof, and such trade or substantially similar trade, industry or use in which any such mixture or material used therein falls or drips upon the roadway, street or streets of the Village, and industry, trade or use which requires haulage to or from the place where such industry, trade or use is carried on of any material or substance where such material or substance is not so covered that the same may not be blown or dispersed into the air or street while being hauled to or from any place of business in said district.
(6)
Coal yards.
(7)
Contractor's plants.
(8)
Convalescent homes.
(9)
Establishments for cleaning and dyeing of clothes, goods, wares or merchandise.
(10)
Gas manufacturing or storage (illuminating or heating).
(11)
Gasoline service stations.
(12)
Lumber yards.
(13)
Public garages, dance halls, used car lots or stands, storage of junk, scrap metal, wrecked or abandoned automobiles, used automobile parts or accessories, paper or rags (sorting or bailing), storage and/or sale of automobiles, except such as are on sale within salesrooms.
(14)
Public or private hospitals or other places where persons suffering from mental or any kind of diseases whatsoever are kept or treated.
(15)
Public stables, or the storage of hay, grain, feed, excelsior, straw or other flammable materials.
(16)
Railroad spurs or freight yards.
(17)
Repair shops for motor vehicles, unless the same are to be used in conjunction with a showroom as herein otherwise provided under § 252-29A(10) hereof.
(18)
Sawmills, planing or woodworking mills.
(19)
Stone or monument works.
(20)
Storage and/or sale of automobiles, except such as are on sale within salesrooms.
(21)
Upholstery shops, where upholstery work is performed.
(22)
Vehicles shall not be stored upon vacant lots or plots.
(23)
Veterinary, animal hospital, kennel and boarding of animals.
(24)
All uses expressly prohibited in the Light Manufacturing and Industrial Districts.
(25)
Any other use which is harmful or dangerous to the customs or character of the surrounding property shall not be permitted, nor shall any use be permitted which has the effect of emitting odor, dust, smoke, gas or noise into the public street or thoroughfare, except as otherwise in this chapter provided.
(26)
Boardinghouse, rooming house or lodging house.
(27)
Hotels.
[Added 10-26-1992 by L.L. No. 11-1992]
(28)
Amusement centers containing more than two amusement center games, as defined in Chapter 66, Amusements.
[Added 4-18-1994 by L.L. No. 4-1994]
(29)
Tattoo parlors. However, any tattoo parlor in business on the effective date of this chapter may continue to operate up to January 30, 2001, at which time such business shall be unlawful.
[Added 5-6-1996 by L.L. No. 1-1996]
(30)
A business which allocates a substantial portion of its operations engaging in the piercing of parts of the human body for the purpose of attaching or inserting jewelry, decoration or other like ornaments therein.
[Added 5-6-1996 by L.L. No. 1-1996]
(31)
An occupancy in any building which uses a movable or foldable exterior security gate. This section does not prohibit the use of an interior security gate subject to:
[Added 6-18-2012 by L.L. No. 4-2012]
(a)
The grant of a building permit;
(b)
Architectural Review Board approval; and
(c)
The installation of an approved burglar alarm which is responsive to a breakage of an exterior display window.[1]
[1]
Editor’s Note: Former Subsection A(32), regarding the discharge of firearms, which immediately followed this subsection, was repealed 10-17-2016 by L.L. No. 9-2016.
(32)
Self-services storage facilities.
[Added 1-14-2019 by L.L. No. 1-2019]
(33)
A business which uses in excess of five square feet for the sale of tobacco products, herbal cigarettes, electronic cigarettes, liquid nicotine, vapor products, rolling papers, and other smoking paraphernalia. Tobacco products include, but are not limited to, cigarettes, cigars, chewing tobacco, powdered tobacco, bidis, gutka, shisha, and any other tobacco product. Herbal cigarettes are made primarily of an herb or combination of herbs and are intended to be used in the same manner as tobacco. Electronic cigarettes are electronic devices that deliver vapor which is inhaled, and include any refill, cartridge and any other component of such device. Liquid nicotine, also known as electronic or e-liquid, is a liquid composed of nicotine and other chemicals. Vapor products include noncombustible liquids or gels for use in a vaping device, regardless of the presence of nicotine.
[Added 3-3-2022 by L.L. No. 2-2022]
(34)
Transient dwelling units.
[Added 4-24-2023 by L.L. No. 2-2023]
(35)
Party venue.
[Added 5-20-2024 by L.L. No. 2-2024]
§ 252-31 Lot coverage; frontage, lot area and living space for two-family dwellings.
A.
Apartment houses, multiple dwellings or clubs shall in this district be erected upon a plot not exceeding 50% of such lot or plot and to furnish space for garages or car spaces on such lot or plot, and such garage spaces or car spaces shall be as set forth in this chapter based upon the number of apartments or housekeeping units in such buildings.
[Amended 10-26-1992 by L.L. No. 11-1992]
B.
No two-family house shall hereafter be erected in this district unless the same shall have a frontage of not less than 60 feet and a lot area of not less than 6,000 square feet, with not less than 2,000 square feet of living space above the foundation.
§ 252-32 Height restrictions.
[Amended 1-4-1988 by L.L. No. 4-1988; 8-12-1991 by L.L. No. 5-1991]
No building or part thereof or structure or accessory structure or accessory building shall be erected, altered or raised that is higher than three stories or 40 feet above the curb level of the street.
§ 252-33 Front yards; required setbacks.
[Amended 10-26-1992 by L.L. No. 11-1992]
The front yard requirements for apartment houses, multiple dwellings or clubs shall be a minimum of 25 feet. On the corner lots the setback distance from the street line other than the street upon which the building fronts shall be not less than 15 feet.
§ 252-34 Side yards.
[Amended 10-26-1992 by L.L. No. 11-1992]
Side yards are not required except for apartment houses, multiple dwellings or clubs, which side yards shall be no less than 15 feet in width on each side of the buildings.
§ 252-35 Rear yards.
[Amended 10-26-1992 by L.L. No. 11-1992]
Rear yards shall be a minimum of 10 feet, except for apartment houses, multiple dwellings or clubs, which shall have a rear yard of not less than 20 feet.
§ 252-36 Yard requirements for single-family or two-family dwellings.
Any building erected or hereafter constructed for a single-family detached or a two-family detached house must comply with the front yard, side yard or rear yard requirements as set forth in §§ 252-17, 252-18 and 252-19 of this chapter.