Port Washington North
City Zoning Code
City Zoning Code
ARTICLE XI
Economic Development B District
§ 176-106 Purpose; permitted uses.
A.
Purposes.
(1)
The inclusion of Economic Development District B (hereinafter described as "ED-B District") as part of the comprehensive plan of land use embodied in this chapter is in accord with the following developmental policy for the Village of Port Washington North; taking into account considerations of:
(a)
The conservation of existing and potential property values in the Village.
(b)
The character of existing development in the Village.
(c)
The physical characteristics of the terrain of the Village and the suitability of the land of the Village for various uses.
(d)
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 Port Washington - Manhasset areas and adjoining areas in Nassau County, New York.
(e)
In November, after more than a year of intense study, the Village's Port Washington North Moratorium Commission issued its Land Use Report. The report indicated the Commission's concern with the numerous uses that were permitted within the Industrial Zone and the resulting possibility of pending undesirable businesses that might come into the Village's Industrial District. Accordingly, the Commission expressed its feeling that immediate measures be taken to insure the present quality of life for the Village residents and the overall Port Washington community by removing the Industrial District from the Village and replacing it with a zone which, in substance, follows the ED-A District, which the Commission believed would achieve the desired goals of the Village by continuing to attract businesses, while protecting the Village against those businesses that would potentially affect the quality of life of the Village.
(2)
It is determined that the future use and development of the property within the Village that had been zoned as Industrial A, if permitted to be developed as provided in that zone, would be contrary to the comprehensive plan of the Village as it has actually developed. In reviewing the existing use and development of that land, in fact, such existing uses actually fall substantially within those that will be permitted within the ED-B District of the Village.
B.
Uses permitted. A building may be erected, altered, or used, and a lot or premises may be used, for any of the purposes set forth in this section and for no other:
(1)
Offices for executive, administrative, or professional purposes;
(2)
Scientific and/or research laboratories, limited to areas of research, the performance of which will have no potential detrimental impact upon the health or the environment of the Village and its residents;
(3)
Assembly, fabrication, and finishing of articles of small compass and high value, such as cameras, watches, precision instruments, electronic instruments, business machines, and the like;
(4)
Storage facilities, provided there shall be no outside storage of any nature and no warehousing or storage of building materials or other heavy products;
(5)
Telephone exchanges and other similar public utility facilities;
(6)
Facilities for organizations which provide fire protection and ambulance services to the Village and the residents;
(7)
Establishments for printing, book binding, lithographing, and similar reproduction processes;
(8)
Libraries, educational, and cultural centers;
(9)
Food establishments serving the general public, as conditionally permitted uses when authorized by the Board of Appeals pursuant to the provisions of § 176-149 of this chapter;
(10)
Food establishments incidental to any other uses permitted within an ED-B District, as conditional uses when authorized by the Board of Appeals pursuant to the provisions of § 176-149 of this chapter;
(11)
Houses of worship, when permitted as a special exception by the Board of Trustees upon proper written application therefor and after a public hearing on published notice, in accordance with the following provisions:
(a)
Such application shall show and be accompanied by appropriate documents and plans sufficient to indicate the size, location, and use of all buildings, facilities, and open areas, including the provisions to be made for screening, traffic flow, fencing, parking, and lighting.
(b)
The Board of Trustees shall approve said application only upon finding that the proposed layout and improvements will be free of health, safety, and fire hazards; will limit the height of building and provide adequate and sufficient setbacks, screening, fencing, off-street parking, safe traffic flow, and adequate and sufficient safeguards to insure, protect, and secure the use and enjoyment of neighboring properties and the general area in which the subject premises are located, without unreasonable interference.
(c)
The Board of Trustees, in approving said application, may impose such additional regulations and restrictions as it feels proper in the particular circumstances to assure the safeguards hereinabove described, and, in any event, shall require and provide that the applicant meets all of the building, site, area, yard, screening, parking and other standards set forth in this article.
(d)
Such conditions and requirements shall in all cases include limitations of the number of persons who may safely occupy the premises and any part or parts thereof at one time, ways and means of reducing noise and disturbance to the neighborhood, including limitations of hours and days during which social or nonreligious functions may be conducted, and use of such structural materials and procedures and implements, equipment and appliances as shall be necessary or appropriate to safeguard against fire, health and safety hazards and panic and shall prescribe the height, location and type of fencing.
(12)
Village government and Village municipal purposes, including, but not limited to, Village halls, Village clubs, the Village Department of Public Works, and Village parks.
(14)
Movie and film studio, which is defined as a facility that is used for the production of theatrical film making and television productions located in a soundproof structure or building.
[Added 9-23-2020 by L.L. No. 1-2020[2]]
[2]
Editor's Note: This local law also redesignated former Subsection B(14) as Subsection B(15).
(15)
All other uses which, in the opinion of the Board of Trustees after public hearing, are of the same general character as those specifically permitted herein in accordance with the following procedure:
(a)
An application under this subsection shall be filed with the Village Clerk. Such application must be in writing and submitted in triplicate, verified by the applicants, which shall contain the following:
[1]
Identity of the fee title owner of the property and the contract vendee or lessee of the property, if any.
[2]
Fee title owner and contract vendee and/or lessee of property, if any, must join in the application.
[3]
Accurate metes and bounds description of the property, section, block and lot number from the Nassau County tax maps; short-form description for public advertising purposes.
[4]
Present zoning of property.
[5]
Unequivocal statement of the use requested to be made of the property if application is granted.
[6]
General statement of character and zoning of the surrounding neighborhood.
[7]
General statement of reasons or facts justifying the relief sought.
(b)
Each such application shall be accompanied by the following:
[1]
Two copies of a site plan and general building plan showing the design, location, and use of building, structures, and open spaces as proposed by the application.
[2]
Six copies of a survey by a licensed engineer or surveyor are required bearing a date not more than 60 days prior to the date of application, and the scale must be not less than one inch equals 100 feet and not larger than one inch equals 50 feet.
[3]
A "key map," either incorporated in the survey or separately, showing the location and zoning of all surrounding properties within 200 feet of the perimeter of the subject property.
(c)
Where an application has been denied, no new application for the same relief, as to the same parcel of property, may be submitted for a period of one year after the date the resolution denying the original application is filed in the Village Clerk's office.
(d)
The Board of Trustees, in considering such application and after a public hearing, may issue permits for such uses for a limited period of time or otherwise, subject to such conditions and safeguards as shall be deemed appropriate, when, in its opinion, it shall find that such proposed use and improvement will conform to the general character of the neighborhood in which the property to be used is located and that the public health, morals, safety, and general welfare of such neighborhood will be secured and will be in accordance with the Comprehensive Plan and the provisions as set forth in this chapter to lessen congestion in the streets, to secure safety from fire, panic, or other danger, to prevent overcrowding of land, to avoid undue concentration of population, to safeguard the adequate provision of water, sewage disposal, parks and other public requirements and to protect and secure the nature and character of the existing neighborhood and the values of the property therein.
(e)
No modification, variance or change in the general location, layout and character of the project, which shall include the architectural designs and arrangements of all buildings as shown on the plan, as approved, will be permitted.
C.
Performance standards. No use shall be established, expanded, maintained, or conducted in the ED-B District unless the same shall comply with all of the performance standards set forth in this subsection. 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:
(1)
To reduce to a minimum dissemination of smoke, gas, dust, odor, or any other atmospheric pollutant outside the building in which the use is conducted.
(2)
To control noise perceptible beyond the boundaries of the immediate site of the use.
(3)
To prevent the discharge of any waste material whatsoever into any watercourse.
(4)
To prevent the dissemination of vibration or heat or electromagnetic interference beyond the immediate site of the use.
(5)
To eliminate physical hazard by reason of fire, explosion, radiation, or any similar cause to property in the same or an adjacent district.
(6)
To regulate and control the flow of vehicular traffic on any street, road, or highway within the Village, so as to prevent overcrowding of streets during established traffic peak periods and to maintain a reasonable and steady flow of traffic in the vicinity of the ED-B District.
(7)
To regulate and control the intensity and source of exterior lighting so as to minimize the possibility of disturbance to adjacent areas.
D.
Performance standards regulating noise.
(1) DECIBEL OCTAVE BAND OCTAVE BAND FILTER SOUND LEVEL METER
Definitions. For the purpose of this subsection, the following terms are defined:
A unit of measurement of intensity of sound (the sound pressure level).
A means of dividing the range of sound frequencies into octaves, in order to classify sound according to pitch.
An instrument, standardized by the American Standards Association, used in conjunction with a sound level meter to take measurements in specific octave bands.
An instrument, standardized by the American Standards Association, used for measurement of the intensity of sound, and calibrated in decibels.
(2)
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.
(3)
Maximum permitted sound pressure level (in decibels):
Octave Band (cycles per second) | Sound Pressure Level (decibels) | |
|---|---|---|
0 to 74 | 60 | |
75 to 149 | 52 | |
150 to 299 | 50 | |
300 to 599 | 45 | |
600 to 1,199 | 40 | |
1,200 to 2,399 | 36 | |
2,400 to 4,799 | 31 | |
4,800 to 20,000 | 30 |
(4)
In the ED-B District, the decibels resulting from any activity, whether open or enclosed, shall not exceed, at any point on or beyond any lot line, the maximum decibel levels for the designated octave band as set forth in the table above, and where the ED-B District lies within 200 feet of a district permitting residences, whether within or without the Village, the maximum permitted decibel levels at any point on or beyond the district boundary shall be reduced by six decibels from the maximum permitted level in the table.
E.
Performance standards regulating vibration.
(1) FREQUENCY IMPACT VIBRATIONS STEADY-STATE VIBRATIONS THREE-COMPONENT MEASURING SYSTEM
Definitions. For the purpose of this subsection, the following terms are defined:
The number of oscillations per second of a vibration.
Earth-borne oscillations occurring in discrete pulses at or less than 100 per minute.
Continuous earth-borne oscillations; discrete pulses that occur more than 100 times per minute shall be considered to be steady-state vibrations.
A device for recording the intensity of any vibration in three mutually perpendicular directions.
(2)
Method of measurement. For the purpose of measuring vibration, a three-component measuring system approved by the administrative official shall be employed.
(3)
Maximum permitted steady-state and impact vibration displacement (in inches):
Frequency (cycles per second) | Vibration Displacement (in inches) | ||
|---|---|---|---|
Steady-State | Impact | ||
Under 10 | 0.0005 | 0.0010 | |
10 to 19 | 0.0004 | 0.0008 | |
20 to 29 | 0.0003 | 0.0006 | |
30 to 39 | 0.0002 | 0.0004 | |
40 and over | 0.0001 | 0.0002 | |
(4)
In the ED-B District, no activity shall cause or create a steady-state or impact vibration on a lot line with a vibration displacement by frequency bands in excess of that indicated in the table above.
F.
Performance standards regulating smoke, dust and other atmospheric pollutants.
(1) DUST PARTICULATE MATTER RINGELMANN SMOKE CHART SMOKE SMOKE UNIT
Definitions. For the purpose of this subsection, the following terms are defined:
Solid particulate matter capable of being air- or gas-borne.
Any finely divided liquid or solid matter, including smoke, capable of being air- or gas-borne.
A chart for determining the density of smoke and is described in Federal Bureau of Mines Information Circular 7718.
Any visible emission into the open air from any source, except emissions of an uncontaminated water vapor.
A measure of the quantity of smoke being discharged and is the number obtained by multiplying the smoke density in a Ringelmann Smoke Chart number by the time of emission in minutes. For example, the emission of Ringelmann Smoke Chart Number 1 for one minute equals one smoke unit.
(2)
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 emitted; 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 was added.
(3)
Maximum permitted emission of smoke. In the ED-B 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 a discernible density of Number 1 on the Ringelmann Smoke Chart shall be prohibited.
(4)
Maximum permitted emission of dust.
(a)
Related to combustion for indirect heating. In the ED-B District the emission of dust related to combustion for indirect heating from any source shall not exceed 0.30 pound of dust per 1,000 pounds of flue gas adjusted to 50% excess air for combustion.
(b)
Related to processes other than combustion for indirect heating. In the ED-B District there shall be no measurable emission of dust or other particulate matter not related to combustion for indirect heating.
(c)
Prevention of windblown air pollution. All storage areas, yards, service roads or untreated open areas within the boundaries of a plot in the ED-B District shall be improved and maintained with appropriate landscaping, screening, paving, oiling, sprinkling, or treated by other means so that there shall be no dust or other types of air pollution.
(5)
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.
G.
Performance standards regulating odorous matter. In the ED-B District no odor shall be permitted outside the building in which the use is conducted.
H.
Performance standards regulating toxic or noxious matter. For the purposes of this subsection, "toxic or noxious matter" is defined as any solid, liquid or gaseous matter, including but not limited to gases, vapors, dusts, fumes, and mists containing properties which by chemical means are:
I.
General control over air pollution. In addition to the performance standards set forth in this chapter for regulating and controlling the emission into the open air of smoke, dust, odorous, toxic, and noxious matter, no vent (herein defined as an opening in an enclosed structure or other enclosed system for discharging substances to the open air) shall be so located, nor matter emitted of such characteristics or in such quantities, as to be detrimental or dangerous to the public health, safety, comfort, or other aspects of the general welfare or to cause damage or injury to property. No open fire, the combustion air for which is uncontrolled in quantity and direction, and no incineration or burning of waste solids shall be permitted within the ED-B District.
J.
Performance standards regulating radiation hazards. No operation, whether or not licensed by the Atomic Energy Commission, shall be conducted in the ED-B District which exceeds the standards established in Title 10, Chapter I, Part 20, Code of Federal Regulations, Standards for Protection Against Radiation, as amended through July 10, 1958, or as it may thereafter be amended, or which violates any regulations of any other administrative body charged with the responsibility of controlling radiation.
K.
Performance standards regulating fire and explosive hazards. No storage, utilization or manufacture of solid materials or products which burn actively and support combustion easily or which have a low ignition temperature, a high rate of burning or create great heat, and no materials producing flammable or explosive gases or vapors under ordinary temperature conditions shall be permitted in the ED-B District.
L.
Performance standards regulating humidity, heat or light. No activity producing humidity in the form of steam or moist air or producing heat shall be conducted in the ED-B 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.
M.
Performance standards regulating electromagnetic interference. In the ED-B District no use, activity or process shall be conducted which produces perceptible electromagnetic interference with normal radio or television reception in any areas within or without the Village.
N.
Performance standards regulating vehicular traffic. No use or activity shall be permitted in the ED-B District which, in the opinion of the Planning Board or the Board of Trustees, shall create undesirable vehicular traffic congestion or prevent the normal flow of traffic on any street or highway within or in the vicinity of the ED-B District, nor shall any use or activity be permitted in the ED-B District which shall materially increase the volume of vehicular traffic on arterial highways within the Village during currently established peak traffic periods.
O.
Evidence of conformity. With respect to any application for a building or use permit or a certificate of occupancy for any use in the ED-B District, the Planning Board or the Building Inspector may require the applicant, at its own expense, to provide the Planning Board with such evidence as it or he may deem necessary to determine whether or not the proposed use will conform to the development policy of the Village and the performance standards set forth above, and in connection therewith, the Planning Board or the Building Inspector may obtain expert advice at the expense of the applicant, and payment in advance of the amount of such expense shall be a condition of further consideration of the application. Where appropriate, the Planning Board may require the installation, maintenance, and operation by the applicant at the applicant's expense of continuous recording instruments to demonstrate the operation or effect of operations of any machines or devices used to control or lessen noise, vibration, glare, air pollution, water pollution, fire hazards, or safety hazards.
§ 176-107 Approval of building plans and site plans.
A.
No building shall be occupied or used, and no lot or premises shall be occupied or used, unless the Planning Board shall have approved the proposed use, the general building plan, and the site plan as complying with the performance standards hereinabove set forth.
B.
The proposed use, the general building plans, and the site plan, or amendment thereof, shall be approved or disapproved by the Planning Board as provided in Village Law § 7-725-a.
C.
Disapproval of the proposed use, the general building plans or site plan, or both, 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 and the Village Engineer shall receive copies of such notice of disapproval.
D.
Within one year after the date of notice of disapproval by the Planning Board, the applicant may submit to the Planning Board amended general building plans or the site plan, or both, which shall be treated in accordance with § 176-107B hereinabove.
E.
Approval of the submitted general building plans and site plan by the Planning Board shall be based on conformity of said plans to the provisions of this article, and such approval shall be by resolution, copies of which shall be given to the Building Inspector and the Village Engineer. At the same time, the Planning Board shall deliver to the Building Inspector photostatic copies (or precise duplicates otherwise prepared) of all related general building plans and the site plan as approved.
F.
No approval by the Planning Board of any general building plans or site plan shall constitute a waiver of any other pertinent codes, regulations, requirements, or ordinances of the Village or any other properly constituted jurisdictional authority.
G.
No certificate of occupancy shall be issued by the Building Inspector for any use, construction or installation in the scope of this article unless there shall have been filed with the Building Inspector, along with the application for a certificate of occupancy, a certified copy of the Planning Board resolution approving the use, general building plans, and site plan.
H.
In studying general building plans and the site plan, the Planning Board and the Building Inspector shall consider all factors they deem pertinent with specific relationship to the performance standards hereinabove set forth in § 176-106C through O. In considering any 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.
I.
Notwithstanding anything to the contrary in this article, for all uses in this article which require applications to either the Board of Appeals or the Board of Trustees, all of the approvals and actions to be taken by the Planning Board pursuant to this article with regard to such applications shall be performed by the Board of Appeals or the Board of Trustees as part of that application process, instead of the Planning Board.
§ 176-108 Site area.
A.
No building shall be erected on a lot having an area less than 40,000 square feet. In the case of a group development consisting of more than one building with access and open space appurtenant to the group, as set forth on the building and site plans therefor and approved in accordance with the provisions of this article, the land occupied by the development shall have an aggregate area of not less than 40,000 square feet times each building comprised within the group.
B.
In the case of a group development, all interior roads shall be subject to approval by the Planning Board, with respect to width and location and with respect to control of traffic, and shall be constructed in accordance with specifications set forth in applicable Village laws.
C.
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:
(1)
Providing for perpetual restrictions running with the land against subdivision of the lot;
(2)
Providing that each structure or building contained within the development shall have a perpetual easement over adjoining land within the development necessary for vehicular ingress and egress to the public highway designated as the available public highway by the Planning Board; and
(3)
Providing for maintenance and repair of interior roads, removal of snow and ice and sanding of roads when necessary at the expense of the developer or any subsequent owner.
D.
As a prerequisite to any Planning Board approval of any individual or group development plan, the applicant shall, on behalf of himself and of subsequent owners, agree, at his own expense, to provide such security and safety measures as the Village may from time to time deem necessary.
§ 176-109 Lot area requirements.
No building shall be constructed on a lot of an area less than 40,000 square feet.
§ 176-110 Building area requirements.
The building area shall not exceed 50% of the lot area.
§ 176-111 Front yard requirements.
There shall be a front yard, the depth of which shall not be less than 10 feet, except that any building fronting on a county road shall have a front yard not less than 50 feet.
§ 176-112 Rear yard requirements.
There shall be a rear yard, the depth of which shall not be less than 25 feet.
§ 176-113 Side yard requirements.
There shall be two side yards, one on each side of the building, the aggregate width of which shall be at least 20 feet. Neither side yard shall be less than five feet wide. In the case of a corner lot where one of the corners borders on a county road, the side yard nearest said county road shall be at least 50 feet wide.
§ 176-114 Building height.
[Amended 9-23-2020 by L.L. No. 1-2020]
No building shall exceed two stories or 25 feet in height, except that under § 176-106B(14) a movie and/or film studio may exceed the height requirement under this section but shall not exceed a height of 50 feet. The fifty-foot height allowance for soundproof movie and film studio is limited to a parcel of property that has a minimum lot size of not less than 10 acres, and only one building per ten-acre parcel may exceed the twenty-five-foot height requirement unless there was a preexisting building already existing when this section was enacted which exceeded 25 feet on the parcel.
§ 176-115 Parking area standards and regulations.
Paved parking facilities shall occupy not less than one square foot for each two square feet of ground floor space in the building, plus one additional square foot of paved parking facilities for each four square feet of floor space on floors over the ground floor. In addition thereto, there shall be paved facilities for loading of trucks, separate and apart from the parking area. Means of ingress and egress from both the parking and loading and unloading areas shall also be paved. Neither the parking area, loading and unloading area, nor the means of ingress and egress shall be used for the storage, servicing, dismantling or abandonment of automobiles, other vehicles or articles. The means of ingress and egress shall be kept free of vehicles and other obstructions at all times when not in use. All parking areas, areas for loading and unloading and driveways shall be surfaced with not less than 4 1/2 inches of bituminous penetrated broken stone (after compaction) and 1 1/2 inches of premixed bituminous material (after compaction), in accordance with Village specifications. Access driveways shall be marked with arrows indicating the proper flow of traffic, and lines indicating individual parking spaces shall be painted in the parking areas. Parking areas shall be illuminated at night during the business hours of the buildings which they serve, but said illumination shall be so shielded as to prevent its being visible more than 75 feet in any direction from the area which it is designed to illuminate. Neither the parking area, nor the loading and unloading areas, nor any part of them shall be located in any portion of the front yards required by § 176-111 hereof.
§ 176-116 Aggregate floor area requirements.
No building shall contain an aggregate floor area greater than 100% of the lot area.
§ 176-117 Parking lot requirements.
A.
Within the limits of the lot, parking areas shall be provided in accordance with the following formula:
Use | Required Parking | |
|---|---|---|
Offices | One parking space for every 200 square feet of floor space or each three employees, whichever is greater | |
Light manufacturing | One parking space for every 500 square feet of floor space | |
Warehouse | One parking space for 800 square feet of floor space | |
Restaurants and places of public assembly | One parking space for every four persons that can be legally accommodated, plus one for every employee | |
House of worship | One parking space for every two persons that can be legally accommodated | |
Public utilities and facilities used by fire and ambulance services | One parking space for every 800 square feet of floor area |
NOTES: | |
None of said parking areas shall be within 15 feet of any front, side or rear lot line. |
B.
Except with regard to restaurants, places of public assembly, houses of worship, and Village uses, no parking area or part thereof shall be used for other than day, or shift, parking of vehicles, except that specifically designated visitors' parking areas may be used for temporary parking of noncommercial vehicles used by persons having business in the building; such visitors' parking areas, if located in a front or side yard area, shall be limited to one space per 3,000 square feet of building area with a maximum allowable number of 20 spaces. In no case shall storage, servicing, dismantling, or repairing of vehicles be permitted in any parking area.
C.
Loading and unloading as related to use shall not be permitted in any parking area; but this prohibition does not apply to personal effects transferred by an individual to or from his own vehicle.
D.
No part of any parking area shall be used for storage or abandonment of any article, whether such article is related to the principal use on the lot or not.
§ 176-118 Landscaping and fencing.
A.
Wherever a plot within the ED-B District abuts land zoned for residential purposes, effective evergreen landscape screening to attain a height of at least eight feet within two years of planting and at least 15 feet in depth shall be provided and maintained on the plot being developed hereunder along and parallel to the common boundary of the abutting properties. Such landscape screening may also be required where a plot does not abut land zoned for residential purposes but is within 200 feet of same, along such portions of its boundary and to such height and depth as determined by the Planning Board when said Board shall determine that such screening is required to preserve and safeguard the value of said residential properties.
B.
The remaining area of the lot or plot not occupied by buildings or loading or unloading areas, parking areas, vehicular access, sidewalks and landscape screening, shall be well maintained, and any areas which are not used for structures, paved parking areas or streets shall be planted with a well-maintained lawn of permanent grasses plus landscape planting designed in accordance with good current landscaping practices. A general plan showing the proposed design of such landscape planting shall be submitted as part of the site plan referred to in this article for approval by the Planning Board. The purpose of this plan shall be to provide for a park-like setting around and between buildings and structures on plots within the ED-B District.
C.
A fence of a type and design suitable for its location shall be required by the Planning Board at those points along the perimeter of the plot or group development where said Board determines that fencing is required to safeguard the public or to preserve and safeguard the value of other properties in close proximity to said plot or group development.
§ 176-119 Stormwater, sanitary sewage and effluent disposition.
A.
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 the general building plans and site plan by the Planning Board shall be so conditioned.
B.
The disposition of sanitary sewage shall be made through sanitary sewer facilities and shall be in complete accordance with all pertinent requirements and regulations of the Department of Health of the State of New York; and any approval of the general building plans and site plan by the Planning Board shall be so conditioned.
C.
The disposition of any and all effluents, other than stormwater and sanitary sewage, which may arise from use shall be in complete accordance with all pertinent requirements and regulations of both the Interstate Sanitation Commission and the New York State Water Pollution Control Board; and any approval of the general building plans and the site plan by the Planning Board shall be so conditioned.
§ 176-119.1 Fire hazards.
Buildings and structures and exterior and interior alterations erected or made after the effective date of this chapter shall be constructed in full compliance with the requirements of the Building Code.
§ 176-119.2 Application procedure.
A.
An application for approval by the Planning Board of the 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 lot, and must be accompanied by said general building plans and site plan (or by plans showing contemplated alterations of the existing general building plans or site plan, or both), prepared by a registered architect or licensed professional engineer, in sufficient detail to establish all matters pertinent to, and covered by, this article.
B.
Said application and related general building plans and/or the site plan shall be in triplicate, addressed to the Planning Board and filed in the office of the Village Clerk.
C.
Since the Village, as a municipal corporation, is exempt from its own zoning, all of the application processes and review provided for in this article, or anywhere else in this chapter, with regard to any Village uses, shall be performed by the Board of Trustees to the extent and with such input from other Village boards as the Board of Trustees deems appropriate; and, with regard to any such Village uses, the Board of Trustees may waive any of the general requirements set forth in this article, or anywhere else in this chapter.
§ 176-119.3 Building permit and application.
A.
Except as hereinabove modified or qualified, all construction in this district shall conform to the prevailing Building Code of the Village. 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 issued, must be prominently posted on site under cover from weather for the cognizance of qualified inspectors under any pertinent jurisdiction.
B.
Said building permit shall be issued by the Building Inspector only after:
(1)
The owner shall have filed in triplicate with the Building Inspector:
(a)
Application for building permit.
(b)
Complete building plans.
(c)
Complete site plan.
(d)
Complete construction specifications.
(e)
Certified copy of the resolution of the Planning Board approving the general building plans and the site plan or, in the case of an alteration, such portions of the general building plans or of the site plan or of both as may be pertinent to the intended alteration.
(f)
Evidence, in form acceptable to the Building Inspector, of compliance or intended compliance with all applicable laws, ordinances, rules, codes, regulations, and stipulations of all Village, county, state, federal and other agencies of competent jurisdiction, and further only after:
(2)
The Building Inspector shall have critically examined all of the submitted documents and evidence and shall have satisfied himself of the complete compliance thereby with all aforesaid applicable laws, ordinances, rules, codes, regulations, and stipulations.
§ 176-119.4 Certificates of use and occupancy.
A.
The Building Inspector shall not issue any certificate of use and 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.
B.
Shall it be determined in the findings of the Building Inspector that the use and occupancy related to any plot or lot in this district shall deviate from the use and 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 use and occupancy for the premises shall become void, without further or additional notice.
§ 176-119.5 Enforcement.
The provisions herein described shall be enforceable by the Village, and failure of the Village to enforce any or all said regulations or provisions shall in no event be deemed a waiver of the right to do so thereafter.