[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.
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.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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:
A.
Foundations, porches, decks, steps, glass windows
and walls shall be in good condition.
B.
Vent attachments shall be safe, durable, smoke tight
and capable of withstanding the action of flue gases.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
Exposed exterior surfaces.
(1)
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.
(2)
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.
J.
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.
K.
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.
L.
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]
M.
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]
A.
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.
B.
Development standards.
(1)
Aesthetic character.
(a)
Facades and exterior walls.
[1]
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.
[2]
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.
(b)
Detail features. Building facades must include:
[1]
Repeating patterns.
[a]
A repeating pattern that includes no fewer than
three of the following elements:
[b]
Color change;
[c]
Texture change;
[d]
Material module change;
[e]
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.
[f]
Note: At least one of the elements in Subsection
B(1)(b)[1][a][i], [ii] or [iii] shall repeat horizontally. All elements
shall repeat at intervals of no more than 30 feet, either horizontally
or vertically.
(c)
Roofs. Roofs shall have no fewer than two of
the following features:
[1]
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.
[2]
Overhanging eaves, extending no less than three
feet past the supporting walls;
[3]
Sloping roofs that do not exceed the average
height of the supporting walls.
[4]
Three or more roof slope planes;
[5]
Cupolas;
[6]
Dormers;
(d)
Materials and colors.
[1]
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.
[2]
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.
[3]
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.
[4]
Exterior building materials shall not include
smooth-faced concrete block, tilt-up concrete panels or prefabricated
steel panels.
(e)
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.
(2)
Entryways.
(a)
Each large commercial establishment on a site
shall have highly visible, clearly defined customer entrances featuring
no fewer than three of the following:
[1]
Canopies or porticos;
[2]
Roof overhangs;
[3]
Recesses/projections;
[4]
Arcades;
[5]
Raised corniced parapets over the door;
[6]
Peaked roof forms;
[7]
Arches;
[8]
Outdoor public open space, patios, or plazas;
[9]
Display windows;
[10]
Architectural details such as tile work and
moldings which are integrated into the building structure and design;
[11]
Permanent structurally defined planters or wing
walls that confine landscape areas.
(b)
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.
(3)
Site design and relationship to surrounding community.
(a)
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.
(b)
Connectivity. The site design must provide direct
connections and safe street crossings to adjacent land uses.
(4)
Pedestrian circulation.
(a)
Sidewalks shall be provided along all sides
of the lot that abut a public street.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
All shopping cart corrals must be plainly depicted
in original site plans and approved by the Planning Board for acceptable
design and aesthetics. The size, location and the number of corrals
must also be plainly demonstrated on the site plans. Cart corrals
shall not contain any signage other than an approved store logo. The
size and location of the logo on the corral must be approved by the
Planning Board at the time of site plan approval. Locations previously
denied due to code restrictions may make an application to the building
department for such corrals if they meet the requirements set forth
in this subsection.
[Amended 8-19-2010 by L.L. No. 3-2010; 7-21-2022 by L.L. No. 1-2022]
[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.
