[Added 4-20-2015 by L.L. No. 6-2015]
The Village Board of Trustees hereby establishes the Arts and
Cultural Overlay Zoning District in order to achieve the following
objectives:
A.
To sustain established and promote new arts, hotel and cultural uses
in the heart of the Village's Commercial District.
[Amended 10-17-2016 by L.L. No. 10-2016]
B.
To eliminate substandard conditions in the heart of the Village's
Commercial District.
C.
To enhance the aesthetics and overall image of the heart of the Village's
Commercial District.
D.
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.
[Amended 2-5-2018 by L.L.
No. 1-2018]
A.
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.
[Amended 10-17-2016 by L.L. No. 10-2016]
B.
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.
A.
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:
(1)
Ten copies of a site plan, floor plan and elevation drawings.
(2)
Ten copies of a parking study, setting forth the applicant's compliance with the provisions of § 252-46.8.
(4)
Ten copies of a survey depicting of existing conditions on the
subject site, along with a metes and bounds description of the property
requested to be rezoned.
(5)
Ten copies of a radius map depicting all properties within 200
feet of the subject property boundary lines showing the size of said
properties with the Lynbrook Tax Map section, block and lot of each
property. This radius map must also note any Town of Hempstead, County
of Nassau, State of New York, or sister Village boundary or property
line within 500 feet of the subject property as described in General
Municipal Law § 239-m.
(6)
Ten copies of a complete and accurate list of the names and
addresses of the owners of all properties within a radius of 200 feet
of the boundary lines of the property affected by the application.
(7)
One original conflict of interest disclosure statement on forms
provided by Village.
(8)
A completed Part 1 - Environmental Assessment Form.
B.
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.
C.
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.
D.
Noticing procedure.
(1)
A notice using a form provided by the Village shall be used.
(2)
The notice shall be sent to each property owner in the manner
described below identifying the subject property, stating the relief
requested and the date, time, and place fixed for a hearing.
(3)
This notice shall be served upon every owner of property within
the two-hundred-foot radius of the boundary lines of the subject property
in the following manner:
(a)
By certified mail, return receipt requested, to each property
owner whose property abuts the subject property.
(b)
By first-class mail addressed to every other property owner
within said two-hundred-foot radius at their residence addresses.
(c)
By first-class mail to the county, town or such Village whose
boundaries or property is within a five-hundred-foot radius of the
boundaries of the subject property.
(d)
Each of the aforesaid notices shall be mailed not less than
10 days nor more than 20 days before the date set for the public hearing.
(e)
The certified mailing receipts with respect to said mailings
shall be filed with the Village Clerk's at least five days before
the public hearing.
A.
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.
B.
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).
C.
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.
A.
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.
B.
Criteria the Board of Trustees shall consider, when contemplating
dispensing with conformity with the provisions of this chapter, the
following:
[Amended 10-17-2016 by L.L. No. 10-2016; 2-5-2018 by L.L. No. 1-2018]
Any building or structure proposed for erection or modification
must meet the following criteria:
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
[Added 10-17-2016 by L.L.
No. 10-2016]
A.
An application for inclusion in this overlay district shall contain
a signage plan which must comply with the provisions of this article.
B.
The following types of signs may be included in the signage plan:
(1)
Directional signs: a sign which is located outdoors and is used
for guidance, instruction or direction.
(2)
Surface-mounted signs: a sign directly mounted on the exterior
facade of a building or structure not including the roof area.
(3)
Marquee signs: a sign which is attached to, inscribed on, or
constructed in a marquee.
C.
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.
D.
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.
[Added 10-17-2016 by L.L.
No. 10-2016]
E.
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.
[Added 2-5-2018 by L.L.
No. 1-2018]
