Roslyn Harbor City Zoning Code
ARTICLE XV
Baron Nissan Motors Amendment to Paddison Motors, Inc., Amendment
§ 275-85 Purpose.
It is the intent of this article to allow for the modification of certain terms and conditions of the Paddison Motors, Inc., amendment to the Building Zone Ordinance of the Incorporated Village of Roslyn Harbor, adopted by ordinance on August 2, 1966, in order to permit appropriate and reasonable utilization of the subject premises located within the Business AA Zone for use by a successor car dealership while still protecting the legitimate interests of the Village of Roslyn Harbor.
§ 275-86 Title.
This article shall be known and may be cited as the "Baron (Nissan) Motors Amendment to the Paddison Motors, Inc., Amendment to the Building Zone Ordinance."
§ 275-87 Boundaries.
The Official Building Zone Map showing the boundaries of districts accompanying and which is a part of this chapter is hereby amended by excluding from the C Residence District and including in the Business AA District all of the following described property:
All that certain plot, piece or parcel of land, with the improvements thereon, situate, lying and being in the Incorporated Village of Roslyn Harbor, Town of Oyster Bay, Nassau County, New York, bounded and described as follows: | ||
Beginning at a point which is at the intersection of the northerly side of Glen Cove Avenue with the new northwesterly side of the Glen Cove-Greenvale State Highway; running thence North 75° 11' 30" West 82.15 feet to the easterly boundary line of lands of the Long Island Rail Road; thence along said lands of the Long Island Rail Road, North 18° 49' 05" East 59.63 feet; thence still along lands of the Long Island Rail Road, North 10° 03' 50" East 252.37 feet to lands now or formerly of Glen Cove Road Building Corp.; thence along said last mentioned lands South 80° 55' 30" East 166.23 feet to the westerly boundary line of the Glen Cove-Greenvale State Highway; thence along the westerly and northwesterly boundary line of said Glen Cove-Greenvale State Highway the following four courses and distances: | ||
1. | South 14° 47' 10" West 53.15 feet; | |
2. | On the arc of a curve to the right whose radius is 1,350 feet and whose chord bears south 19° 45' 15" West 225.89 feet; | |
3. | South 19° 56' 00" West 3.87 feet; and | |
4. | South 60° 25' 55" West 65.43 feet to the point or place of beginning. | |
§ 275-88 Site plan approval.
The preliminary site and floor plan, revised as indicated in the amended petition and dated July 11, 1966, is hereby approved and, except as hereinafter specifically provided, shall be the approved site plan pursuant to which the subject property shall be developed.
§ 275-89 Uses, signs and setbacks.
The application of Paddison Motors, Inc., for exceptions to the regulations and restrictions applicable to a B-AA Business District as provided in this chapter is hereby granted to the following extent:
A.
Detailed plans and specifications for all buildings and structures need not be filed until application is made for a building permit.
B.
The subject premises may be used only for a Cadillac or Nissan automobile sales and service agency as set forth in the Paddison petition, amended petition and the approved site plan or upon plans which shall be approved by the Board of Trustees in accordance with this article and this entire chapter. For purposes of this article, the term "automobile" shall include minivans but exclude trucks over two tons in weight.
C.
Not more than two advertising signs shall be permitted, one sign to be attached to the freestanding wall facing Glen Cove Road and not to exceed 17 feet in length and 18 inches in height and one pylon sign not attached to the wall or building and not to exceed 12 feet in length and two feet six inches in height, provided that their location, construction, size, color, material, manner of lighting and intensity of lighting shall have been approved by the Village Planning Board. There may be such auxiliary signs as the Planning Board may approve and deem necessary for directing traffic and for warning or safety purposes.
D.
The minimum setback of the wall of the building from Glen Cove Road and Glen Cove Avenue shall be 25 feet as set forth on the approved site plan, except that the encroachment of the roof overhang and the exterior wall at the southeasterly corner of the sales office as indicated on the approved site plan shall be permitted.
E.
The minimum side or rear yard setback from the abutting property of the Long Island Rail Road shall be one foot for that portion of the building marked "reception area" on the approved site plan.
§ 275-90 Operation.
The following restrictions and regulations shall be applicable to the premises described in this article, which shall be in addition to the regulations contained in this entire chapter:
A.
Not more than seven automobiles shall be parked in the area marked "Used Car Display" on the approved site plan, none of which shall be more than five model years old. Not more than eight new trucks, each not to exceed two tons in weight, shall be permitted on the subject premises and they shall be parked so as not to be visible from Glen Cove Road.
B.
There shall be no servicing of automobiles out of doors except such repairs as may be necessary on an emergency basis, nor shall there be any self-service or do-it-yourself repairing, servicing, washing or maintaining of automobiles on the premises.
C.
No signs or exterior lights shall be constructed or maintained on the premises until they shall have been submitted to and approved by the Village Planning Board.
D.
The hours of operation shall be restricted to between the hours of 8:00 a.m. and 9:00 p.m. on Mondays through Fridays, between the hours of 8:00 a.m. and 6:00 p.m. on Saturdays and between the hours of 10:00 a.m. and 6:00 p.m. on Sundays. Any illuminated sign permitted by the Village Planning Board may be illuminated only during the hours of operation.
E.
The driveway connecting the premises with Glen Cove Avenue shall be used solely as an entrance to the premises, except that it may be used as an exit from the premises by cars parked in the six-space parking area adjacent to said driveway and by customers on the occasion of the initial delivery to them of a new car. All other exits from the premises shall be by way of the driveway entering on Glen Cove Road.
F.
Other than those uses and operations therein permitted, there shall be no activities, noises, or lights on the premises which shall constitute a nuisance and which shall prove annoying and objectionable to nearby residents in the Village or shall detrimentally affect the value of their property.
G.
The subject premises shall not be used for the retail sale of gasoline, oil or other petroleum products except such as may be incidental to a Cadillac or Nissan sales and service agency as authorized by this article.
H.
No signs, posters or similar forms of advertising shall be displayed in the showroom windows.
I.
No amplification equipment such as loudspeakers or the like shall be permitted out of doors on the premises, and no amplified sound within any building or structure on the premises shall be so amplified as to be heard beyond the boundaries of the premises.
§ 275-91 Conditions on grant of application.
The granting of the application of Paddison Motors, Inc., and future applications for permitted uses, including that of Baron Realty Associates for a Nissan sales and service agency, as provided in § 275-85 of this article is subject to the conditions hereinafter set forth:
A.
The areas and dimensions shown on the approved site plan are represented by the applicant or successor to be correct.
B.
The entire area described in § 275-87 above shall be solely for a Cadillac or Nissan automobile sales and service agency.
C.
No other privately owned premises within the Village of Roslyn Harbor or within 300 feet thereof shall be used as part of or in conjunction with the Nissan or Cadillac new automobile sales and service agency to be conducted on the subject premises unless the approval of the Board of Trustees is first obtained. In the event such approval is obtained for premises contiguous to the subject premises, no more than 10 used automobiles no more than five years in model age and no more than 10 new trucks, each not to exceed two tons in weight, shall be permitted in the aggregate on the subject premises and such contiguous premises, all in accordance with plans approved by the Board of Trustees.
D.
Fencing, screening, landscaping, shrubbery as shown on the approved site plan, lighting and self-contained drainage all shall be installed in accordance with detailed plans which shall be prepared by Paddison Motors, Inc., and shall be approved by the Village Planning Board. All future site plans for the subject premises shall be submitted by the then owners and shall be approved by the Board of Trustees which shall include construction, improvement or alteration of fencing, screening, landscaping, shrubbery, lighting or self-contained drainage shall also be installed in accordance with detailed plans to be approved by the Village Planning Board.