To sustain established and promote new arts, hotel and cultural uses in the heart of the Village's Commercial District.

To eliminate substandard conditions in the heart of the Village's Commercial District.

To enhance the aesthetics and overall image of the heart of the Village's Commercial District.

To generate economic activity with increased foot traffic by adding multiple dwelling use, with or without mixed use, within the heart of the Village's Commercial District.

The provisions of this section shall apply to all commercially zoned building lots within the Village with a minimum lot area of 35,000 square feet and situated within the heart of the Village's Commercial District, herein defined as the geographic area bounded on the south by Sunrise Highway, on the east by Earle Avenue, on the west by Neiman Avenue and Peninsula Boulevard and on the north by Peninsula Boulevard.

This overlay district shall neither change the underlying zoning district designation of any property nor eliminate any of the requirements of the underlying zoning district unless a petition to the Village Board of Trustees in accordance with § 252-46.4 of this article is filed, requesting inclusion in this overlay district, and such Petition is approved by the Village Board of Trustees, in which case the requirements of this overlay district set forth in this article will apply to the subject property.

Movie theaters, except for uses that are governed by § 252-120 (Adult uses) of this chapter.

Live theater, except for uses that are governed by § 252-120 (Adult uses) of this chapter.

Museums.

Art galleries.

Hotels.

Multiple dwellings, with or without mixed use.

Any application made pursuant to this article shall comply with the procedure set forth herein. The process shall originate by a petition to the Lynbrook Board of Trustees filed with the office of the Superintendent of Buildings. Such petition shall include the following:

Preliminary review by the Superintendent of Buildings of the complete submission is required. The Superintendent will prepare a report to the Board of Trustees which will address the criteria set forth in § 252-46.7 of this article. A copy of said report shall be provided to the applicant.

An application for inclusion in this overlay district will not be deemed completed and accepted by the Village and will not be heard by the Board of Trustees until the Department of Buildings Superintendent of Buildings determines it to be complete in accordance with the provisions of this section. The Superintendent, in consideration of the criteria for inclusion in this overlay district, shall determine those additional documents, engineering studies, surveys, site plans, landscape plans, or other submissions that are required to be provided by applicant so as to constitute a complete submission for review by the Board of Trustees.

Noticing procedure.

All petitions for inclusion in this overlay district shall be accompanied by a fee as established by the Board of Trustees to compensate the Village for its costs of review, including retaining consultants, and for expert opinions as may be deemed necessary by the Village.

Such fees do not cover the cost of the review by the Village of an environmental assessment form (EAF) or the preparation and review of an environmental impact statement (EIS), if an EIS is deemed to be necessary. The applicant shall be responsible for the total cost of any environmental review that is determined by the Village to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA).

Costs for review. Reasonable costs incurred by the Building Department or Board of Trustees for private consultation fees or other extraordinary expense in connection with the review of the petition and submissions shall be charged to the applicant. Such costs shall be in addition to the application fee referenced in Subsection A above. Payment of said costs may be required upon review of the petition and submissions by the Superintendent of Buildings in advance to cover the anticipated costs of such consultant review and other related review expenses.

In the event that the Board of Trustees approves the application, it may attach certain conditions to said approval. The Board of Trustees, may, by resolution, dispense in part with conformity with the provisions of this article and may impose safeguards that it may deem necessary or desirable to promote the spirit and objectives of this article, including but not limited to, restrictive covenants together with other agreements, if any, in recordable form.

Criteria the Board of Trustees shall consider, when contemplating dispensing with conformity with the provisions of this chapter, the following:

Maximum height. No building or part thereof or structure or accessory structure shall be erected, altered, or raised which is higher than 80 feet above the curb level of the street measured from the top of the curb at the curb's highest point, exclusive of parapet walls and mechanicals.

Minimum setbacks. Rear, front and side yard setbacks shall not be required. Minimum setbacks will be at the discretion of the Board of Trustees if deemed necessary.

Dimensional nonconformity. An existing building that does not conform to the dimensional requirements of this article shall be deemed to be dimensionally nonconforming. No permit shall be issued that will result in the increase of any such dimensional nonconformity, but any building or structure, or portion thereof, may be altered to decrease or maintain its dimensional nonconformity.

Reconstruction. Should an existing building which is dimensionally nonconforming be destroyed, damaged, or otherwise demolished, it may be reconstructed with its prior nonconformity continued, provided that the reconstruction is commenced within one year of the date of such demolition and completed within two years of said date, and further provided that the reconstruction shall be conducted in accordance with a plan approved by the Board of Trustees and designed to result in the greatest reasonable conformity with the provisions of this article and the legislative objectives of the Village Board of Trustees.

An application for inclusion in this overlay district shall contain a parking study which must demonstrate adequate parking in accordance with the provisions of this section.

The parking study may propose the use of on-street and off-street parking. In the case of off-street parking, the parking study must demonstrate the availability of adequate off-street parking to the satisfaction of the Board of Trustees after a public hearing.

Off-street parking study may include parking spaces located within Village-owned parking lots, provided that the applicant can demonstrate that it has arranged for same with the Village, along with the mechanisms of such arrangement, and demonstrates that the inclusion of such spaces would not result in significant adverse parking impacts within the Village.

In the case of a hotel, the site of the hotel must provide all required parking on site as specified by the Board of Trustees.

An application for inclusion in this overlay district shall contain a signage plan which must comply with the provisions of this article.

The following types of signs may be included in the signage plan:

The signage plan must depict and describe signs which are found to be harmonious with the character and aesthetics of the surrounding neighborhood as determined by the Board of Trustees after a public hearing.

In the case of a hotel, the signage will be limited to setting forth the name of the hotel, unless the Village Board approves additional signage which is appropriate in consideration of the dimensions and location of the hotel structure.

In the case of a multiple dwelling, with or without mixed use, the signage shall be regulated in the sole discretion of the Village Board. The only criteria will be aesthetic value and the good and welfare of the community.