The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
for in the following supplementary regulations.
All uses permitted in the Village shall be in a structure having support by columns or by walls, as defined in §
252-2, and shall be erected in accordance with the Building Code requirements of the Village in all other respects and
after a permit and certificate of occupancy have been issued.
No building shall be erected or altered and
no lot area shall be so reduced that thereby the minimum dimensions
of yards, courts or other open spaces shall be less than prescribed
by this chapter, except where a practical and unnecessary hardship
results.
In no district shall there be permitted any
show, exhibition or performance, circus, carnival, theatrical representation,
moving picture shows, feats of horsemanship, caravan of animals, or
of any animals or artificial curiosity, unless same are housed in
a permanent structure erected for theatrical or show purposes in conformity
with the Building Code of the Village.
In no district shall there be permitted the
erection or maintenance of carousel, Ferris wheel, gravity steeplechase,
scenic cave or scenic railway, bicycle carousel, striking machine,
switchback or merry-go-round, unless housed in an enclosed permanent
structure erected for such purposes in conformity with the Building
Code of the Village.
[Amended 4-4-1988 by L.L. No. 10-1988]
A. The front yard or setbacks of any structure in all
districts shall be the greater of:
(1) The front yard setbacks required in that district
pursuant to the Articles of this chapter;
(2) The setbacks shown upon the Zoning Setback Map, as
prepared by Carman-Dunne, Inc., which map is made a part of this chapter; or
(3) The average front yard setbacks of all existing structures
on the block the parcel upon which the structure is to be built or
maintained is located and on the same side of the street as the subject
parcel.
B. With respect to corner plots, such plots in the Commercial,
Light Manufacturing and Industrial Districts shall be deemed to have
two front yards for purposes of compliance with the front yard setback
provisions of this section.
[Amended 1-14-2019 by L.L. No. 2-2019]
A. The Village shall not be subject to Chapter
252, Zoning, of the Lynbrook Village Code. The Village may permit, erect, alter or use any building or premises in any district throughout the Village for any municipal use or purpose.
B. Notwithstanding
the aforementioned, in the event the Village shall erect any new building
or new structure in excess of 2,000 square feet, a notice shall be
sent by the Village to each property owner, via first-class mail,
within 200 feet of the subject parcel boundary lines. Such notice
shall identify the subject parcel and state the municipal use or purpose
the Village intends to use such parcel for and the date, time and
place the matter will be set for public discussion at a Village Board
meeting. This notice provision set forth above is not jurisdictional.
The Village may license for use in the Commercial,
Light Manufacturing and Industrial Districts any lot or plot for public
parking, for which parking a charge may be made, upon fee to be paid
by the owner or lessee of said premises to the Village, and said Village
may use for public parking, for which no fee is charged, any lot or
plot in the Village.
The Board of Appeals may, in appropriate cases,
after public notice and hearing and subject to appropriate conditions
and safeguards imposed by the said Board of Appeals for the health,
safety, morals or general welfare of the public determine and vary
the application of the use regulations contained in this article established
in harmony with the general purpose of the Zoning Ordinances and within
the limits of the state enabling acts and the intent thereof, without
the applicant being obliged to show practical difficulties or unnecessary
hardship as follows:
A. Permit in the Light Manufacturing or industrial Districts
a small animal hospital, subject however, to the standard and guide
provision contained in this chapter.
B. In no district except Light Manufacturing and Industrial
shall there be permitted to be placed in the open in any yard, lot
or plot for storage any vehicles, material or tools, nor shall same
be permitted upon fly such lot or plot where a building or buildings
are to be constructed, unless a permit has been legally issued therefor
and only for the purpose of such construction, but all such materials
shall be fenced in.
The Board of Trustees reserves to itself the
discretion, approval and authority to issue permits for the erection,
enlargement or increase of buildings and uses for municipal uses or
purposes and for public utility companies for public use, upon such
conditions as it may deem necessary for the public health, safety,
morals and general welfare.
No billboards or advertising signs shall be
erected or maintained in the A, B or C District, and no billboards
in the Commercial District. Billboards or advertising signs may be
erected in the Light Manufacturing or Industrial Districts, provided
that same are not more than 50 square feet in area. All such billboards
and advertising signs shall be three feet or more clear above the
ground and shall be 10 feet or more from any lot line. If not attached
to the wall of the building for their entire length, they must be
lighted on both sides, the lights, however, so arranged or shielded
as not to shine into any building used for dwelling purposes in the
vicinity of said billboard or sign.
[Added 5-6-2019 by L.L.
No. 3-2019]
A. Outdoor dining may be permitted pursuant to a permit granted by the
Village Board of Trustees.
B. A permit shall not be issued unless the Board finds that:
(1) There is adequate space for pedestrians on the sidewalk adjacent
to the outdoor dining area.
(2) The outdoor dining area is separated from the sidewalk by aesthetically
acceptable fencing, partition, or shrubs.
(3) The outdoor dining site plan as submitted demonstrates that the proposed
use will be compatible with and enhance the character of the surrounding
neighborhood.
C. Permit required; fee.
(1) No outdoor dining facility, including but not limited to tables,
counters, chairs, seats, benches, and related equipment, shall be
allowed unless a permit has been first obtained from the Village Board
of Trustees.
(2) The fee for such permit shall be in such amount as determined by
resolution of the Board of Trustees.
D. The application for an outdoor dining permit shall be filed and shall
contain the following additional information:
(1) Whether alcoholic beverages are to be served and, if so, a copy of
the appropriate liquor license issued by the State of New York shall
be appended to the application.
(2) A survey of the subject property shall be provided which shall include
the abutting properties and the adjacent Village sidewalk.
(3) A site plan shall be provided showing the complete sidewalk area
to be included in the outdoor dining facility with the location of
all furniture and fixtures to be used including a fully dimensioned
seating plan, location and description of artificial lighting fixtures,
and the location of entrances and exits.
(4) Manufacturers' materials describing all furniture and fixtures to
be used.
(5) A description of how and where such furniture and fixtures will be
stored and secured during nonoperational hours.
E. Alcoholic beverages. The consumption of alcoholic beverages of any
type or kind in an outdoor dining area is prohibited unless served
by the licensed premises and accompanied by the service and consumption
of food. It is the responsibility of the owner and/or operator of
the premises who has obtained a permit hereunder for outdoor dining
to insure compliance with this provision.
F. Special provisions where outdoor dining is on a public sidewalk.
(1) The person or persons to whom a permit for outdoor dining has been
issued shall be liable to and shall indemnify the Village for any
loss, damage, or expense incurred by the Village arising out of the
operation of such outdoor dining area.
(2) Prior to the issuance of a permit, the applicant shall present to
the Village a certificate of insurance for comprehensive general liability
insurance naming the Incorporated Village of Lynbrook as an additional
insured for a minimum of $1,000,000 coverage per occurrence and at
least $2,000,000 in the aggregate.
(3) The outdoor dining shall not interfere with pedestrian traffic and
shall be limited to areas directly adjoining the establishment. The
outdoor dining shall not block any required exit to the building and
shall be compliant with all state and local codes.
(4) There shall be a minimum of five feet total sidewalk with clearance
to provide adequate and unobstructed pedestrian movement, such width
to be measured from the outermost point of the outdoor dining area
to the nearest obstruction.
G. Revocation or suspension of permit. The Superintendent of Buildings
may revoke or suspend a permit when he or she finds a violation of
any applicable regulation, ordinance, local law or statute, or that
a continuation of said permit would constitute a hazard or nuisance.
H. Maintenance of the premises.
(1) The outdoor dining area and adjacent areas shall be maintained clean
and kept refuse free.
(2) The outdoor dining area and adjacent areas shall be swept and washed
down each night at closing and at such other times as needed.
(3) Sufficient containers for trash shall be placed in the outdoor dining
area.
I. Conditions of permit. In addition to such conditions as the Board
may deem appropriate, the Board shall also consider whether conditions
should be included as to:
(1) The hours of operation of the outdoor dining area.
(2) Whether music should be permitted and any restrictions thereon.
(3) The details of the artificial lighting as depicted on the outdoor
dining area site plan.
No lot shall be so reduced in area that any
required open space will be smaller than prescribed in the regulation
for the district in which said lot is located, except as hereinbefore
set forth.
[Amended 12-18-1978 by L.L. No. 18-1978]
After December 18, 1978, on a corner lot in
any residence district, no fence, wall, hedge or other structure or
planting more than three feet in height shall be erected or placed
from a point 20 feet from the inside sidewalk line.
Bay windows, including their cornices and eaves,
may project into any required yard not more than two feet; provided,
however, that the sum of such projection on any wall does not exceed
1/3 the length of said wall.
Open fire escapes may extend into any required
yard not more than four feet six inches.
A. Where a residence district is bounded by a portion
of a Commercial, Light Manufacturing or Industrial District, referred
to hereafter as "business district," any side street extending through
such residence district into such business district shall not be used
for any business purposes except as herein set forth.
B. The business structure erected in said business district
shall face and open upon the street set aside for business purposes,
except that show windows in such business structures may be built
and exposed upon said side street within the area set aside as a part
of such business district, and an entrance may be made at the corner
of such business and residential street; and all other entrances thereto
must face on the business street, except that entrances may be made
from such residential street to the upper stories of such business
structure.
C. All front, side and rear doors of all such business
structures must be and remain securely closed, except when being used
to exit from or enter into such business structures.
[Added 4-15-1985 by L.L. No. 3-1985]
Where a lot in a business or industrial district
abuts a lot in a residence district, there shall be provided along
such abutting line a yard equal in width or depth to that required
in the residence district. Such yard need not be in excess of 10 feet.
No permit shall be issued for a use which is
prohibited or which is not expressly permitted in an amendment to
this chapter or to a new Zoning Ordinance which has already been published,
until such amendment or ordinance has been either defeated or adopted
and ordained. In the event it is defeated, then if the use is permitted
by the old ordinance, a permit shall be issued therefor, if the applicant
has complied with all the code and other Village requirements. If
the use is prohibited by an adopted or ordained ordinance, then no
permit shall be issued.
When the Board of Appeals grants an exception referred to in this article, then it shall be guided in its determination and discretion by the same standard as is set out in §
252-115.
A person, firm, association or corporation may,
for the sole purpose of servicing the vehicle used in his or its own
business with gasoline, maintain for such service not more than two
pumps and the tanks necessary therefor, such tanks to hold not more
than 2,000 gallons of gasoline. Neither the pumps nor tanks may be
installed inside the building but must be so located that they shall
be wholly used and operated within the property lines of the building
lot, the tanks to be serviced by vehicles without using the sidewalk.