[HISTORY: Adopted by the Board of Trustees of the Village of Lake Grove 2-4-1999 by L.L. No. 1-1999. Amendments noted where applicable.]
[Amended 7-22-2004 by L.L. No. 4-2004]
This chapter pertains to property defined as commercial centers or shopping centers. For the purpose of this chapter, the following terms, phrases and words shall have the meanings given herein.
- A series or row of arches supported by columns or piers; a passageway with an arched roof, frequently with shops on one or both sides.
- An adjustable or temporary roof-like covering of canvas or other material which extends over a doorway or window and is used for shelter or decorative purposes.
- COMMERCIAL CENTER OR SHOPPING CENTER
- Any building or buildings, structure or structures or premises used by one or more enterprises for a commercial purpose specifically permitted within the particular use district in which this term is applied, where the proposed use occupies a site of five or more acres, whether built at one time as a unit or in two or more construction stages.
- A continuous molded projection that crowns a wall or other construction or divides it horizontally for compositional purposes.
- A small, light structure, usually topping a roof or turret, which serves as a belfry, lantern or belvedere.
- The front or principal face of a building or any side of a building that faces a street or other open public space.
- LARGE COMMERCIAL ESTABLISHMENT
- A commercial establishment or any combination of commercial establishments in a single building or in separate but abutting buildings on the same property occupying 25,000 square feet or more of gross floor area. Large commercial establishments shall be construed to include, but not limited to, what are commonly referred to as big-box retail stores, corporate retail stores, retail outlets, department stores, mega/superstores, commercial discount warehouses, warehouse clubs, and other large and midsized stores, and privately owned entertainment and indoor recreational centers.
- A low wall projecting from the edge of a platform, terrace, or roof which is commonly used to screen roof equipment from public view and enhance architectural character and aesthetic quality.
- A covered walkway consisting of a roof supported by columns leading to a building entrance.
- A protrusion or offset in the plane of a wall of a building.
- An alcove, indention, or inward offset in the plane of a wall of a building.
- A projecting mold, group of moldings, or narrow vertical projection, forming with others a pattern on the wall of a building.
All landscaped and vegetated areas contained within commercial property shall be kept free and clear of litter and debris. Said areas shall be policed not less than once each week by the owner or tenant of said shopping center, or their agent. All litter and debris contained thereon shall be removed within 48 hours of receipt of actual or constructive notice of the presence of said litter.
All landscaped and vegetated areas indicated on an approved site plan shall be adequately watered, fertilized, pruned and otherwise maintained. Any dead vegetation shall be replaced.
All parking areas and internal roadways contained within commercial property shall be kept free and clear of litter. Said areas shall be cleaned not less than once each week by an employee or agent of the owner or tenant or within 48 hours of receipt of actual or constructive notice of the presence of litter, whichever shall be sooner. No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the village the accumulation of any litter or debris from any building or lot or from any public or private driveway or sidewalk. Persons owning or occupying places of business within the village shall keep the sidewalk in front of their business premises free of litter and debris.
Pot holes shall be promptly filled, pavement shall be maintained so as to avoid deterioration, drainage facilities shall be operable, and striping and signs shall be maintained in a visible manner and in conformance with the property's site plan and any other applicable laws, rules and regulations.
Fencing requirements. When local conditions such as prevailing winds, site topography and/or litter and debris history at a site warrant, the Chairperson of the Planning Board may direct and require that shopping center owners shall fence the exterior perimeter of their shopping center and/or parking lot. The design and location of said fence shall be submitted to the Planning Board for approval prior to installation. The purpose of said fence is to contain litter and prevent it from blowing into adjacent properties. All owners, tenants or lessees or corporations or persons responsible for said maintenance of the property shall be responsible for its maintenance and upkeep and to keep the fence properly maintained and presentable as required by this Village Code. As a requirement in this chapter, all graffiti will be removed from any fence within the property.
No person shall sweep into or deposit in any gutter, street or other public place within the village the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter and debris.
The exterior of the premises and the condition of structures shall be maintained so that the premises and all buildings shall reflect a level of maintenance. Such maintenance shall include, without limitation, the following:
Foundations, porches, decks, steps, glass windows and walls shall be in good condition.
Vent attachments shall be safe, durable, smoke tight and capable of withstanding the action of flue gases.
Exterior balconies, porches, landings, stairs and fire escapes shall be provided with banisters or railings properly designed, installed and maintained to minimize the hazard of falling and unsightly appearances.
All permanent signs and billboards exposed to public view permitted by reason of other regulations or as a lawful nonconforming use shall be maintained in good repair. Any signs that have become excessively weathered or in a state of other disrepair, those upon which the paint has excessively peeled or those whose supports have deteriorated so that they no longer meet the structural requirement of the New York State Uniform Fire Prevention and Building Code shall, with their supports, be removed or put into a good state of repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supports, be removed. Signs denoting a business which is no longer on the premises shall be removed within 15 days of the date on which the business ceases to occupy the premises.
All storefronts and walks exposed to public view shall be kept in a good state of repair. Storefronts or any portion of the structure shall not show evidence of excessive weathering or deterioration of any nature. Unoccupied storefronts shall be maintained in a clean and neat appearance.
Any awnings or marquees and accompanying structural members shall be maintained in a good state of repair. In the event that said awnings or marquees are made of cloth, plastic or of a similar material and are exposed to public view, such material shall not show evidence of excessive weathering, discoloration, ripping, tearing, holes or other streets, sidewalks or other parts of the public domain.
All vacant buildings shall be continuously guarded or sealed and kept secure against unauthorized entry. Materials and methods with which such buildings are sealed must meet the approval of the Building Inspector or Code Enforcement Officer as to color, design and building material. Owners of such buildings shall take such steps and perform such acts as may be required to ensure that the building and its adjoining yards remain safe and secure and do not present a hazard to adjoining property or to the public and that such property does not become infested with vermin or rodents.
Exterior walls, including doors and windows and the areas around doors, windows, chimneys and other parts of the building, shall be so maintained as to keep water from entering the building. Materials which have been damaged or show evidence of dry rot or other deterioration shall be repaired or replaced and refinished in a workmanlike manner.
Exposed exterior surfaces.
All exposed exterior surfaces shall be maintained free of broken or cracked glass, loose shingles or loose or crumbling stones or bricks, loose shutters, railings, aerials, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance. Said conditions shall be corrected by repair or removal.
All exposed exterior surfaces of structures not inherently resistant to deterioration shall be coated, treated or sealed to protect them from deterioration or weathering. Wood, masonry or other exterior materials that will naturally resist deterioration do not have to be treated but must be otherwise maintained in a sound, secure workmanlike manner. Exterior surfaces that have been painted or otherwise coated must be maintained in a neat, orderly, serviceable and sightly manner. Floors, walls, ceilings, stairs and fixtures of buildings shall be maintained in a clean, safe, sanitary condition. Every floor, exterior wall, roof, porch or appurtenance thereto shall be maintained in a manner so as to prevent the collapse of same or injury to the occupants of the building or to the public.
Roof drains, overflow pipes, air-conditioning drains and any other device used to channel water off or out of a building shall be maintained in a safe and operable condition and shall not drain into a public sidewalk, walkway, street, alleyway or adjoining property.
Lawns shall be cut, and bushes, shrubs and hedges shall be trimmed regularly during the growing season so as to avoid an unsightly appearance. Lawns may not grow to a height greater than four inches.
Storage and collection facility. No corporation, tenant, lessee or occupant of a commercial establishment may use any metal boxlike container or truck body as a storage facility outside of the commercial or residential building anywhere within the confines of the Village of Lake Grove.
[Amended 4-17-2008 by L.L. No. 4-2008]
Garbage containers and dumpsters. All commercial site plans shall depict the location of all outdoor garbage containers and dumpsters. All garbage containers and dumpsters shall be fully enclosed by an opaque fence or wall that is at least six feet in height and has a gated front for access. The appearance of these areas shall be screened and softened by plantings in a manner which shall be subject to Planning Board review and approval. It shall be the responsibility of the owner or lessee or tenant who contracted the garbage carter to maintain and clean all garbage and other waste material from around the container. No accumulation of garbage or other waste material will be permitted outside the confines of the container, nor will it be permitted to accumulate garbage or other waste material so that the container cover cannot be firmly closed.
[Amended 7-22-2004 by L.L. No. 4-2004]
[Added 7-22-2004 by L.L. No. 4-2004]
Purpose. The following minimum standards are intended to address the bland and monotonous appearance and pedestrian needs of many large commercial establishments, as defined in § 138-1, and to ensure that such future establishments will be consistent with, and suitably integrated into their surroundings, contribute to the overall character and aesthetic qualities of the Incorporated Village of Lake Grove, are supportive of area property values, promote economic vitality, and enhance the safety and quality of pedestrian activity.
Facades and exterior walls.
Facades greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least 3% of the length of the facade and extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.
Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings, or other such features along no less than 50% of their horizontal length.
Detail features. Building facades must include:
A repeating pattern that includes no fewer than three of the following elements:
Material module change;
An expression of architectural or structural bays through a change in plane no less than 12 inches in width, such as offsets, narrow recesses or projecting ribs.
Note: At least one of the elements in Subsection B(1)(b)[a][i], [ii] or [iii] shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically.
Roofs. Roofs shall have no fewer than two of the following features:
Parapets, concealing flat roofs and rooftop equipment such as HVAC units from view from public streets. The average height of such parapets shall not exceed 15% of the height of the supporting wall and such parapets shall not at any point exceed 1/3 of the height of the supporting wall, nor exceed maximum building height requirements. Such parapets shall feature three-dimensional cornice treatment.
Overhanging eaves, extending no less than three feet past the supporting walls;
Sloping roofs that do not exceed the average height of the supporting walls.
Three or more roof slope planes;
Materials and colors.
Predominant exterior building materials shall be high-quality materials, including, but not limited to, brick, sandstone or other stone, and tinted/textured concrete masonry units.
Facade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of high-intensity, metallic, black, or fluorescent colors shall be prohibited.
Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing shall not be an acceptable feature for building trim or accent areas.
Exterior building materials shall not include smooth-faced concrete block, tilt-up concrete panels or prefabricated steel panels.
Small retail stores. Where large retail establishments contain additional, separately owned stores that occupy less than 25,000 square feet of gross floor area, with separate exterior customer entrances, the street level facade of such stores shall contain windows for no less than 60% of the horizontal length of the building facade of such additional stores.
Each large commercial establishment on a site shall have highly visible, clearly defined customer entrances featuring no fewer than three of the following:
Canopies or porticos;
Raised corniced parapets over the door;
Peaked roof forms;
Outdoor public open space, patios, or plazas;
Architectural details such as tile work and moldings which are integrated into the building structure and design;
Permanent structurally defined planters or wing walls that confine landscape areas.
Where additional stores will be located in the large commercial establishment, each such store shall have at least one exterior customer entrance, which shall conform to the above requirements.
Site design and relationship to surrounding community.
Entrances. All sides or a large commercial establishment that directly face an abutting public nonresidential street shall feature at least one customer entrance. Where a large commercial establishment directly faces more than two abutting public streets, this requirement shall apply only to two sides of the building, including the side of the building facing the primary street, and another site which faces a second nonresidential street. Movie theaters are exempt from this requirement.
Connectivity. The site design must provide direct connections and safe street crossings to adjacent land uses.
Sidewalks shall be provided along all sides of the lot that abut a public street.
Continuous outdoor pedestrian walkways, no less than five feet in width, shall be provided from the public sidewalk or right-of-way to the principal customer sidewalk which leads to the entrance of all large commercial establishments on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, bus stops, designated street and parking lot aisle crossings, and building and store entry points, and shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers or other such materials for no less than 50% of the length of the walkway.
Sidewalks that are no less than eight feet in width shall be provided along the full length of any facade featuring a customer entrance (i.e., entranceway sidewalk). Sidewalks no less than five feet in width, shall be provided along any exterior building wall which faces a public parking area, but is without a public entrance. Entranceway sidewalks shall be located at least six feet from the facade of the building to provide planting beds for foundation landscaping, except where features such as arcades or entryways are part of the facade.
Outdoor pedestrian walkways provided in conformance with Subsection B(4)(b) above shall provide weather protection features such as awnings or arcades within 30 feet of all customer entrances.
All outdoor pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low-maintenance surface materials such as pavers, bricks or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.
Pedestrian crosswalks shall be provided and properly maintained in front of store entrances to guide pedestrian activity and to mitigate pedestrian and vehicle conflicts and safety hazards.
All shopping carts, carriages, dollies, or other similar conveyances shall be kept within store buildings at the end of each business day. Cart corrals and other such storage of carts in parking lots are prohibited. All such items shall be collected on a regular basis and not be allowed to stand idle in the parking area for an extended period of time. Any outdoor structure for containment of carts in areas contiguous to store structure during hours of operation must be approved by the Planning Board at the planning approval stages of construction. Any such approval of temporary outside storage will require that carts are not visible from the adjoining roadways. Accumulation of unattended carts, dollies and wagons in parking areas shall be a violation of this code.
[Amended 8-19-2010 by L.L. No. 3-2010]
[Added 7-22-2004 by L.L. No. 4-2004]
Any person found guilty of violating a provision of this chapter shall be fined no more than $250 or be imprisoned for a period not exceeding 15 days, or be both so fined and imprisoned. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
[Added 7-22-2004 by L.L. No. 4-2004]
Each conviction for a violation of this chapter or Chapter 175 of the Code as it pertains to commercial centers shall be a violation of the certificate of occupancy or permit allowing the use and/or occupancy of the premises.