Village of Floral Park, NY Supplementary Regulations

Where a property abuts a nonresidential zone, a fence along such line may be opaque and have a height not to exceed eight feet. The placement and style of such fences shall be reviewed and approved by the Architectural Review Board prior to the erection of any such fence.

[Amended 2-2-2010 by L.L. No. 3-2010]

Where a property abuts on a Village border, a fence along such border may be opaque and have a height not to exceed six feet.

[Amended 2-2-2010 by L.L. No. 3-2010]

Subject to the provision of Subsection B(5) below, nothing in this chapter shall prevent the erection along or adjacent to the street lines of a corner plot of a fence or fence-type structure intended as a deterrent to shortcutting the corner by pedestrians, provided that:

No part of the structure shall extend more than six feet from the point of intersection of said street lines.

The average height of the structure shall not exceed 24 inches.

The maximum height of the structure shall not exceed 30 inches.

In no event shall any fence or buffer be permissible which fence and/or buffer interferes with sight lines of traffic.

Nonresidential zones.

Where a nonresidential plot abuts a residential zone to the rear of the plot, an appropriately landscaped and screened buffer of no less than 10% of the nonresidential plot depth shall be created along such abutting line.

Where a nonresidential plot abuts a residential zone, which zone is located to the side of the nonresidential plot, an appropriately landscaped and screened buffer of no less than five feet shall be created on the nonresidential plot along such abutting line.

Fences shall be of opaque (closed) construction and shall be six feet in height.

The following materials shall be prohibited in the construction or maintenance of fencing: barbed wire, razor wire, electrified material and any material intending to cause injury to a person making contact with the same. However, barbed wire may be permitted in the B-3 District when approved by the Board of Trustees.

No gate, when in an open position, shall obstruct a public walkway.

(6)

The form, layout and composition of all landscaped and screened buffers shall be subject to the approval of the Architectural and Preliminary Site Review Board.

Fence facing. The decorative side of all fences shall face away from the lot or parcel enclosed.

§ 99-14 Dormers and roofs in any R-1 or R-2 District.

No dwelling or accessory building shall be erected having as the main roof thereof a flat roof or a roof having a pitch of less than six inches to the foot, except as provided for one-story one-family dwellings.

Any dormers or combination of dormers erected on the roof of a building having a pitch of less than six inches to the foot may not occupy more than 45% of the area of the main roof as measured by its horizontal projection, and in no case shall the pitch be less than three inches to the foot. No dormer having a pitch of less than six inches to the foot shall be erected on the side of a roof facing on and parallel to a street.

§ 99-15 Decks on residential premises.

Second-story decks on residential premises are prohibited.

§ 99-16 Parking lots and parking spaces.

Uses. In addition to the uses hereinabove permitted and provided for in the respective districts established by this chapter, the Board of Trustees may consent to and regulate the establishment and maintaining of public or private parking spaces or of a parking lot on any lot or parcel of ground in any use district.

Application required. Such use for public or private parking of automobiles or other vehicles in a parking lot shall not be authorized or permitted except upon a written application made to the Board of Trustees by the owner of the lot or parcel of ground upon which such use is applied for, which application shall state:

The name of the owner, and whether such land is occupied by the owner or by a lessee or other occupant of said lot or parcel.

A general statement of the location of the property and of the classification of the district in which "said lot or parcel is located, a description of the lot or parcel by metes and bounds, a survey and a proposed site plan depicting all parking spaces, aisles, turning lanes, curb cuts, locations of ingress and egress, signs, lighting, drainage, open spaces, buffers and vegetation.

A statement of whether the applicant intends to use said lot or parcel for the purpose of parking automobiles or other vehicles, for hire or rental, or whether the applicant intends to restrict the parking privileges on said lot or parcel to a particular group or classification of persons.

An area map showing all properties, subdivisions, streets, rights-of-way and other pertinent features within 300 feet of the boundaries of the proposed parking site.

Municipal parking fields. In cases of proposed establishment of municipal parking fields, the Board of Trustees may proceed upon its own motion, but in so proceeding shall comply with the provisions of this chapter relating to the filing of a statement of ownership, description and location of the lot or parcel proposed to be used as a municipal parking field, filing plans and specifications for adaptation of said parcel for such use, and the holding of a public hearing, as herein provided.

Dimensions. Each parking space shall be paved in accordance with the Building Code and shall have minimum dimensions of nine feet by 20 feet with driveways of sufficient width to afford accessibility to each parking space. All parking areas shall have sufficient self-contained drainage, adequate means of ingress and egress, asphalt or concrete paving and proper lighting.

Applications to be filed with the Village Clerk. All applications and statements required to be made hereunder shall be filed in the office of the Village Clerk and shall be open to public inspection during the hours when the office of the Village Clerk is open for business.

Public hearing required. A public hearing shall be held upon all applications to establish one or more privately owned parking spaces in a privately owned parking area, or a municipal parking field, upon the same notice and subject to the same conditions and provisions contained in the Village Law applicable to amending, supplementing, changing, modifying or repealing zoning regulations, restrictions and boundaries.

Issuance of permit and/or revocation of the same. Upon the hearing, the Board of Trustees may, in the reasonable exercise of its discretion, grant or refuse such application; and if such application be granted, shall issue a permit for the construction, maintenance and operation of such parking field, for a period of time it deems appropriate. In the event that the construction of such parking field shall not have been commenced within six months of the date of issuance of the permit or if said construction is not completed within 18 months of the date of issuance of the permit, such permit shall become void unless an extension of the permit shall have been granted by the Board of Trustees. In the further event that such parking field shall not have been constructed and maintained within reasonably substantial compliance with the plans and specifications filed, the Board of Trustees may, upon its own motion and upon notice to the owner of said land and the proprietor of said parking field (if such proprietor be not the owner), and after due hearing, revoke such permit. In the event of such revocation, the owner of said parking space, and the occupant of said parcel of ground (if the occupant be not the owner), shall forth with discontinue and all other persons shall forthwith cease using such parcel of ground for the parking of automobiles or other vehicles, and any continuation of parking automobiles or other vehicles on such parcel of ground shall be deemed a violation of this chapter.

Exceptions and prohibitions.

[Amended 3-23-2004 by L.L. No. 4-2004]

This article shall not apply to the parking of automobiles or other vehicles placed or kept inside garages, nor shall a separate permit or public hearing be required for the creation of parking spaces required under a building permit pursuant to the minimum parking requirements set forth for each zoning district.

Above-grade multilevel or tiered parking facilities are prohibited in all zoning districts of the Village.

Applications for below-grade parking facilities shall be presented to the Board of Trustees in the manner provided under § 99-60 of the Code for special use permits. However, in making its determination, the Board of Trustees shall take into consideration the benefit to the applicant if the application is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant.

In making such determination, the Board of Trustees shall also consider: whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by granting the permit; whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a grant of the permit; whether the requested permit is for a substantial facility; whether the facility will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and whether the applicant's alleged difficulty was self-created.

The Board of Trustees shall, in the granting of any such permits, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the below-grade parking facility. Such conditions shall be consistent with the spirit and intent of this Code and shall be imposed for the purpose of minimizing any adverse impact the facility may have on the neighborhood or community. The violation of any condition imposed by the Board of Trustees shall be a violation of this chapter and shall result in the revocation of the permit.

Public notice of renewal applications not required. Nothing herein contained shall require the publication of a notice of further hearings in cases where applications for renewal of permits granted hereunder shall have fully complied with all the provisions hereinabove stated.

Required parking in zoning districts.

Parking requirements for each zoning district shall be as listed in the annexed Schedule of Regulations,[1] and shall otherwise conform to the provisions of this article. Parking spaces for one-family and for two-family dwellings shall be provided in the driveway portion of the front, side and rear yards, or by garage.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

In the event that a residential parcel shall contain a full driveway extending into the rear yard, parking for said parcel shall be upon the driveway.

In the event that a residential parcel shall contain a driveway which ends at the front building line, then parking shall be provided upon said driveway and upon any permitted paved area, pursuant to this subsection, in the front yard setback. No more than 25% of the front yard square footage of any residential lot, including driveway, may be paved and used for parking. Such paved area shall not extend from a point beginning one foot from the side property line more than a distance equal to 25% of the property width. Any paved walkway serving the premises shall be counted against the maximum 25% of the front yard square footage stated above unless said walkway is separated from the parking area by a green belt at least two feet in width.

The parking requirements set forth in this article may be provided off the premises on a separate plot where such separate plot is in common ownership with the plot on which the use is located provided that:

The separate plot is within 200 feet of the plot on which the use is located; and

The separate plot is in the same zoning district as the plot on which the use is located.

In each instance of a residential cooperative or condominium, each unit, whether owned or leased, shall be assigned at least one parking space.

Residential corner lots. Parking upon a residential corner lot shall be permitted within a driveway located in the side yard setback bordering the side street. Such parking shall be in a paved area running from the rear accessory setback line of one foot of the lot for a maximum distance of 14 feet towards the front lot line.

Vehicles other than automobiles. No trailer, boat, recreational vehicle or motor home shall be stored or parked outdoors on any premises unless a permit is granted therefor by the Board of Trustees by resolution. No commercial vehicle shall be stored or parked upon any residentially zoned property.

Temporary house trailers. The Superintendent of Buildings shall be authorized upon, application, to issue a ninety-day permit for a house trailer placed on the lot of a premises damaged by a casualty.

Special exception for parking on residential lots.

The Zoning Board of Appeals may authorize a special exception to permit one car to park about a dwelling in an open area that is not a driveway, upon the following conditions:

The Zoning Board shall make a finding that the granting of a permit for additional off-street parking shall meet the legitimate parking needs of the residential owner while preserving the general appearance of the residential neighborhood in which the lot is located as well as the public safety, health, convenience and general welfare of the Village.

The applicant must demonstrate unnecessary hardship and/or practical difficulty in complying with the provisions of this chapter, and the fact that the applicant needs or uses his garage for storage shall not be deemed unnecessary hardship or practical difficulty.

No vehicle shall be permitted to be parked so as to overhang a sidewalk.

No vehicle shall be permitted to be parked on grass or dirt.

No permit under this section shall be for more than two years.

The applicant shall execute and deliver to the Zoning Board of Appeals a written covenant in a form suitable for filing with the County Clerk that any improvements made to the premises as a result of a special exception permit granted pursuant to this chapter shall be removed upon the expiration of that special exception permit and that the premises shall be converted back to their original condition as if the special exception permit was not granted.

In applying for a special permit exception under this section the applicant must:

Complete the written application form required by the Zoning Board of Appeals.

Submit copies of all automobile registrations for all vehicles maintained at the premises.

Permit the Zoning Board of Appeals to inspect the applicant's exterior premises and the interior of any garage on the applicant's premises.

Pay the required fee.

Upon issuance of a special exception permit under this section, the Village Clerk shall issue a sticker for the vehicle or vehicles designated by the applicant and by the Zoning Board of Appeals as the vehicle or vehicles to be parked in the new parking area that is authorized by a special exception permit under this section. The applicant shall place the sticker upon the designated vehicle which shall be the only vehicle authorized to use that space.

Renewal of permits. A special exception permit may be renewed by the Zoning Board of Appeals without hearing and without fee upon the owner of the premises submitting a duly sworn affidavit that the special circumstances that constituted unnecessary hardship or practical difficulty to grant the permit still exist. Copies of the registrations of all vehicles maintained at the premises shall be attached to the affidavit. A permit may be renewed for two periods of two years each.

CLOSED GASOLINE/DIESEL SERVICE STATION

In granting a permit under this section, the Zoning Board of Appeals may impose such further conditions as it deems appropriate, necessary or advisable to preserve the intent of this section.

§ 99-17 Gasoline stations.

Definitions. In addition to the definitions in this Zoning Chapter, the following special definitions are applicable to this article. In the event of conflict, the following definitions shall be controlling.

A gasoline service station not open for normal business operation for a period of 30 consecutive days without Village Board approval upon written application.

CORNER SITE

A site at the intersection or junction of two or more streets, or of a street and lane which is not less than 20 feet in width.

DISCONTINUED GASOLINE/DIESEL SERVICE STATION

A gasoline/diesel service station, as defined in this article and permitted by the Village Board after the effective date of this article, which has become closed and which, after closing, has been adjudicated by the Village Board to have been discontinued pursuant to the provisions of § 99-45 of this chapter;

An existing gas filling station or battery and tire service station approved prior to the effective date of this article as a special exception by the Village Board, which has become closed, and which, after closing, had been adjudicated by the Village Board to have been discontinued pursuant to the provisions of § 99-45 of this chapter; or

GASOLINE/DIESEL SERVICE STATION

An existing gas filling station or battery and tire service station in existence at the original effective date of the Zoning Chapter and continuing thereafter as a nonconforming use which has become closed, and which, after closing, has been adjudicated by the Village Board to have been discontinued pursuant to the provisions of § 99-45 of this chapter.

An establishment in which the principal activity is the storage and retail sale of gasoline, oil, grease and other petroleum products related to the servicing of motor vehicles.

MAJOR REPAIRS

Major repairs permissible at a gasoline/diesel service station, including those normally accessory and incidental to the day-to-day operations of motor vehicles, including transmission work, muffler replacement and wheel and brake work, but not including body and fender repair, collision work or painting.

MINOR REPAIRS

Minor repairs permissible at a gasoline/diesel service station, including those normally accessory and incidental to the day-to-day operation of motor vehicles and to the principal activity performed upon the premises.

Conflicts with other regulations. In the event of a conflict between the provisions of this article and other provisions of the Zoning chapter, the provisions of this article shall control.

New gasoline/diesel service stations. New gasoline/diesel service stations may be permitted in the B-2 District when approved as a special exception by the Board of Trustees after public hearing.

Permitted uses. Upon approval of the Board of Trustees of a gasoline/diesel service station, a building or structure may be erected, altered or used and a lot or premises may be used for any of the following purposes, and for no other.

A gasoline/diesel service station and accessory structures and appurtenances such as gasoline pumps and storage tanks.

Major repairs, when performed within the principal building.

Minor repairs.

Parking and storage areas as specified in this article.

Signs as specified in Article VI.

Display of merchandise as specified in this article.

Retail sale of products related to the servicing of motor vehicles.

Prohibited uses. The following uses shall be prohibited in all gasoline/diesel service stations:

Major repairs, except those performed within the principal building.

Outdoor stationary lifts and pits.

Vending machines, except those within the principal building or within four feet from an exterior wall of the principal building where a special use permit has been granted by the Board of Trustees after public hearing.

Sale, lease, rental, storage or display of new or used motor vehicles.

Commercial parking, except when permitted by special use permit of the Board of Trustees after public hearing pursuant to § 99-60 of this chapter.

The storage of motor vehicles for a period in excess of 72 hours, unless the motor vehicle is enclosed in the principal building, or the storage of vehicles incapable of self-propulsion out of doors at any time.

Displays of merchandise outside the principal building except for small islands sample displays at the pump, of new tires, lubricating oils, additives, waxes, polishes, windshield wiper blades and similar small items.

Any repairs to motor vehicles performed on abutting premises or adjacent streets or sidewalks.

(i)

Night bells or audible signals or outdoor amplification.

Regulations.

Area and bulk. No gasoline/diesel service station shall be erected or operated except in compliance with the following requirements:

Lot area. The lot area shall be not less than 15,000 square feet.

Street frontage. The lot shall have a frontage of not less than 150 feet on a street. In the case of a corner site, the minimum street frontage shall be 150 feet on one street and 100 feet on another street.

[3]

Building area. The building area shall not exceed 30% of the lot area.

[4]

Gas pumps. The number of permitted gas-dispensing pumps shall be determined on the basis of the requirements of 1,500 square feet of lot area per pump subject to a maximum of 16 feet in height as measured from the average finished grade abutting said building, structure or equipment.

[5]

Height. No building, structure, pump or other equipment shall exceed 18 feet in height as measured from the average finished grade abutting said building, structure or equipment.

[6]

Depth. The lot shall have a depth of not less than 100 feet.

Yards and setbacks. No gasoline/diesel service station shall be erected or operated except in compliance with the following requirements:

Front setback. All buildings and structures except gas pumps shall be set back at least 40 feet from all street property lines.

Side and rear yard. There shall be a minimum setback of all buildings and structures of 20 feet from any residential property measured from the use district separation line. There shall be a minimum setback of all buildings and structures of 10 feet from any side or rear property line abutting property in the Business District or other less restrictive district.

[3]

Location of gas pumps. All gas pumps and islands shall be located at least 25 feet from any street property line and at least 25 feet from any side line or rear property line.

Amenities and design. No gasoline/diesel service station shall be erected or operated except in compliance with the following requirements:

Paving. All open spaces shall be composed of a permanent surface of concrete or asphalt.

Curbs. Street curbs shall be installed adjoining street. A raised curb of at least six inches in height shall be erected along all street property lines except for driveway openings.

[3]

Sidewalks. All sidewalk areas shall be paved with concrete.

[4]

Distance between gas pumps. The maximum distance between two pumps on an island shall be 10 feet.

[5]

Intrusion into required area. No building or structure, gasoline pump, pump island, service island, sign, pole or parking area shall be located within a required front, side or rear yard.

[6]

No trash shall be kept or stored outside of the principal building located on the site unless a dumpster location shall be approved by the Board of Trustees.

[7]

Exterior lighting. Exterior lighting shall be shielded and arranged so as to reflect light away from any residential use. Specific details as to lighting shall be presented to the Board of Trustees prior to the granting of any special permit.

[8]

There shall be a minimum of a five-foot buffer zone with natural screening and fencing along any property line bordering residential property.

Circulation and safety. No gasoline/diesel service station shall be erected or operated except in compliance with the following requirements:

Interior circulation. All buildings and structures, including gas pumps and islands, interior curbs and anything which will obstruct the passage of a vehicle, shall be so located as to provide adequate area for maneuvering vehicles in the service area and proper visibility.

Access driveways. The width, location and alignment of an entrance or exit driveway should permit a vehicle entering the station to turn out of the nearest lane of traffic without interfering with other traffic movement. A vehicle leaving a station should be able to turn into the nearest lane of traffic moving in the direction desired and be channeled within that lane before crossing an intersection or proceeding on the street. The driveway itself must be constructed so as to prevent its being widened through usage. The maximum width of a driveway shall be 40 feet as measured along the street curb line and 30 feet at the property line. No driveway or curb cut for a driveway shall be located within 10 feet of an adjoining property line as extended to the curb or pavement, or within 20 feet of any exterior (corner) lot line as extended. Any two driveways giving access to a single street shall be separated by an island with a minimum dimension of 20 feet to both the street property line and the curb or edge of the pavement. The angle of intersection of the center line of any driveway with the center line of the street should not be less than 60°.

Operation and supervision.

Gasoline/diesel service stations shall be supervised by the owner or employee of the owner of said service station at all times when the station is open for operation.

The installation and use of self-service operated gas-dispensing pumps is prohibited. Gas-dispensing pumps may only be operated by the owner or qualified employees of the gasoline/diesel service station.

All new gasoline/diesel service stations which perform minor repairs shall provide an air compressor capable of inflating automobile tires, at no charge to the user thereof. The air compressor and hoses necessary for the inflation of tires shall be kept in good repair and shall be available to motorists at all times the gasoline/diesel service station is open for business.

Supplementary requirements. In addition to the requirements of this article, the application for a special exception for a new gasoline/diesel service station shall show the following:

The locations, names and existing widths of adjacent streets and curb lines.

A statement that no gasoline/diesel service station, or existing gas filling station is located within a radius of 1,000 feet, as measured by airline distance from the nearest points of lot boundaries.

A radius map, drawn to scale, showing all gasoline/diesel service stations, or existing gas filling stations or battery and tire service stations within airline distance of 1,500 feet between the nearest points of lot boundaries.

A copy of existing deed restrictions or covenants applying to the premises.

Existing zoning.

Existing structures and utilities.

The location of all signs.

The text of any proposed easements, deed restrictions or covenants.

(i)

Any contemplated public improvements on or adjoining the property.

(j)

Any proposed new grades, indicating clearly how such grades will meet existing grades of adjacent properties or the street.

(k)

A boundary survey.

Existing gasoline/diesel service stations.

All existing gasoline/diesel service stations may be continued as provided in this article, and not otherwise.

All accessory uses on the premises of an existing gasoline/diesel service station which are not permitted as accessory uses pursuant to this chapter shall be permitted to remain in existence for five years from the effective date of this article and shall be removed thereafter, unless a special permit shall be granted by the Board of Trustees after public hearing.

No permit shall be issued for the alteration of an existing gasoline/diesel service station, its premises, building or appurtenances or for the enlargement of any existing use except after Village Board approval and following a public hearing in accordance with this chapter and the laws of the Village of Floral Park. In such case, the Village Board may impose safeguards and conditions as it may deem appropriate, necessary or desirable to promote the spirit and objectives of this article, including, but not being limited to, covenants and agreements in recordable form and running with the land.

If, for a continuous period of six months, an existing gasoline/diesel service station has been closed and if within one month subsequent thereto the buildings and appurtenances shall not have become used for a conforming use, then the Village Board on its own motion or upon petition of an owner of property within 200 feet of such premises may proceed to order the removal of all of the structures and appurtenances on said premises at the owner's own sole cost and expense. Such order to remove shall be made only after notice and public hearing and upon a determination by the Village Board upon the conclusion of such public hearing that such closed gasoline/diesel service station is a blight upon adjoining and surrounding properties. In arriving at the determination that such service station is a blight as aforesaid, the Village Board shall consider whether such removal will promote the purpose of securing community safety from fire, crime and other dangers, of promoting and preserving the value of the land and buildings within the Village and of encouraging the most appropriate use of land throughout the Village.

Permitted uses. An existing gasoline/diesel service station may be maintained for any of the following purposes, and for no other:

A gasoline/diesel service station and accessory structures and appurtenances such as gasoline pumps and storage tanks.

Major repairs when performed within the principal building. Major repairs which are performed upon the premises but outside the principal building shall require a special permit of the Board of Trustees after public hearing.

Minor repairs performed upon the premises.

Parking and storage areas as specified in this article.

Signs as specified in Article VI.

Display of merchandise as specified in this article.

Retail sale of products other than gasoline, oil, grease and other petroleum products related to the servicing of motor vehicles when specifically authorized by a special permit issued by the Village Board pursuant to § 99-60 of this chapter. Said special use shall be limited in area to the lesser of 15% of the floor area of the building or 300 square feet.

(6)

Prohibited uses. The following uses shall be prohibited in all existing gasoline/diesel service stations:

Major repairs, except those performed within the principal building unless a special permit is granted by the Board of Trustees.

Outdoor stationary lifts and pits.

Vending machines, except those within the principal building or completely within four feet from an exterior wall of the principal building where a special use permit has been granted by the Board of Trustees after public hearing.

Sale, lease, rental, storage or display of new or used motor vehicles.

Commercial parking, except when permitted by special use permit of the Board of Trustees after public hearing pursuant to § 99-60 of this chapter.

Displays of merchandise outside the principal building except for small sample displays at the pump islands of new tires, lubricating oils, additives, waxes, polishes, windshield wiper blades and similar small items.

Any repairs to motor vehicles performed on abutting premises or adjacent streets or sidewalks.

(i)

Night bells or audible signals or outdoor amplification.

(7)

Regulations. All existing gasoline/diesel service stations shall operate in compliance with the following requirements:

All sidewalk areas shall be paved with concrete.

No trash shall be kept or stored outside of the principal building located on the site.

Gasoline/diesel service stations shall be supervised by the owner or employee of the owner of said service station at all times when the station is open for operation.

The installation and use of self-service-operated, gas-dispensing pumps is permitted provided such pumps are installed and maintained in compliance with all fire suppression, health and safety laws, rules and regulations. In addition, full service by an attendant on the premises shall be available to the disabled/handicapped during all hours of operation, such full service to be posted and priced in accordance with § 396-bb of the General Business Law.

[Amended 11-18-2008 by L.L. No. 10-2008]

All existing gasoline/diesel service stations which perform major or minor repairs shall provide an air compressor capable of inflating automobile tires, at no charge to the user thereof. The air compressor and hoses necessary for the inflation of tires must be kept in good repair and shall be available to motorists at all times the gasoline/diesel service station is open for business.

The removal of underground tanks at existing gasoline/diesel service stations for replacement with tanks constructed of corrosion-resistant materials, provided that said removal will not result in increase in storage volume, shall not require a public hearing. Inspections, fees and permits therefor shall all be governed in the same manner as new underground tank installations.

§ 99-18 Adult uses (B-3 District).

[Amended 9-18-2018 by L.L. No. 2-2018]

The following adult uses shall be allowable in a B-3 District and in no other district:

Purposes and consideration.

In the execution of this section, it is recognized that there are some uses which are entitled to a certain degree of constitutional protection. Nevertheless, such uses, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.

It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Incorporated Village of Floral Park.

ADULT ENTERTAINMENT CABARET

These special regulations are itemized in this section to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides, videotapes, computer software and sexual paraphernalia and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT DRIVE-IN THEATER

A drive-in theater that customarily presents motion pictures that are not open to the public generally but excludes any minor by reason of age.

A public or private establishment which presents nude or partially nude dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainments, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT MOTEL

A motel which is not open to the public generally but excludes minors by reason of age, or which make available to its patrons in their rooms films, slide shows or videotapes, which if presented in a public movie theater would not be open to the public generally but would exclude any minor by reason of age.

ADULT NOVELTY STORE

An establishment having as a substantial or significant portion of its stock-in-trade adult novelties or materials as such are defined in § 235.00, Subdivision 2, of the Penal Law of the State of New York, and which establishment is customarily not open to the public generally but exclude any minor by reason of age.

ADULT THEATER

A theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally but exclude any minor by reason of age.

BODY PIERCING SALON

An establishment which performs piercing activities upon body parts and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

HEAD SHOP

An establishment having as a substantial or significant portion of its stock-in-trade drug paraphernalia or accoutrements and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

HOOKAH BAR

Any facility or location whose business operation, whether as its primary use or as an ancillary use, includes the smoking of tobacco or other substances through one of more hookah pipes (also commonly referred to as a "hookah," "waterpipe," "shisha" or "narghile"), including, but not limited to, establishments known variously as "hookah bars," "hookah lounges" or "hookah cafes."

MARIJUANA RETAIL STORE

A building, structure or premises engaged in the sale, use or distribution of marijuana and/or marijuana products for non-medical use. A building, structure or premises shall be considered a marijuana retail store regardless of whether products in addition to marijuana products are offered for sale, use or distribution at the building, structure or premises and regardless of the amount of marijuana or marijuana products available for sale, use or distribution at the building, structure or premises in comparison to other products offered for sale, use or distribution at the building, structure or premises.

[Added 2-5-2019 by L.L. No. 3-2019]

MASSAGE ESTABLISHMENT

Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be constructed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist, or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise rooms, and which do not receive their primary source of revenue through the administration of massages.

MEDICAL MARIJUANA DISPENSARY

A building, structure or premises authorized by the New York State Department of Health to dispense or distribute medical marijuana in accordance with Article 33 of the Public Health Law and Part 1004 of Title 10 of the New York Codes, Rules and Regulations.

[Added 2-5-2019 by L.L. No. 3-2019]

PEEP SHOWS

A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes minors by reason of age.

TATTOO PARLOR

An establishment which performs tattoo activities and which is not open to the public generally but excludes minors by reason of age.

VAPE SHOP

Any facility or location whose business operation, whether as its primary use or as an ancillary use, includes the smoking or selling of electronic cigarettes, vapors, e-liquids, otherwise legal marijuana derivatives, or other substances that are smoked through an electronic cigarette or any similar product.

The adult uses as defined in Subsection B above are to be restricted as to location in the following manner in addition to any other requirements of this Code:

Any of the above uses shall not be located within a two-hundred-foot radius of any area zoned for residential use.

Any of the above uses shall not be located within a one-fourth-mile radius of another such use.

Any of the above uses shall not be located within a two-hundred-fifty foot radius of any school, church or other place of religious worship, park, playground or playing field.

The restrictions enumerated in Subsection C above may be waived by the Board of Trustees of the Village if the applicant shows and the Board finds, after public hearing, that the following conditions have been met:

That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit or intent of this chapter will be observed;

That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential; and

That 51% or more of the property owners within the restricted area as defined in Subsection C of this section have signed a petition stating that they have no objection to the establishment of one of the uses defined above.

No more than one of the adult uses as defined above shall be located on any lot.

By amortization, the right to maintain a legal nonconforming adult use shall terminate in accordance with the following schedule:

Amount of Investment as of the Effective Date of This Chapter	Date Before Which Use Shall Terminate
$0 to $10,000	December 31, 1997
$10,001 to $25,000	December 31, 1998
$25,001 to $50,000	December 31, 1999
$50,001 to $100,000	December 31, 2000
$100,000 or more	December 31, 2001

NOTE: The term "capital investment," as used above, is defined to mean the initial outlay by the owner or operator of the use to establish the business as of the date of the enactment of this chapter, exclusive of the fair market value of the structure in which the use is located.

§ 99-19 Security gates prohibited.

Exterior. No owner or occupant of any property shall install or maintain or cause to be installed or maintained on any building or structure within the Village of Floral Park a security gate or door of any make, manufacture, design or material, including but not limited to gates or doors more commonly referred to as "roll-up gates," "roll-up doors," "roll-up grilles," "roll-up shutters," "rolling doors" or "folding gates."

Interior. No owner or occupant of any property shall install or maintained or cause to be installed or maintain in the interior of any building or structure within the Village of Floral Park a security gate or security door of any make, manufacture, design or material unless such gate or door shall allow the interior of the store to be clearly visible from the front sidewalk. Prior to installation, the Architectural and Preliminary Site Review Board shall approve such gate or door to ensure that it complies with this section. This provision shall not apply to any security gate or door in a location that is not visible from the sidewalk.

§ 99-20 Boarding of windows and doors prohibited.

It shall be unlawful for any person, either as owner, lessee or occupant of a residential dwelling or commercial building, to cover any broken, damaged, defective or missing window or door on such dwelling or building with wood boards, sheet metal, sheet rock or any other material. Such owner, lessee or occupant shall be required to remove such covering and repair or replace the broken, damaged, defective or missing window or door within 10 days of service of a written notice from the Superintendent of Buildings to do so. Service of such notice may be made by personal service or by certified mail, return receipt requested, addressed to the owner, lessee or occupant at the subject property.

§ 99-21 Yard regulations and encroachments.

[Amended 6-25-2002 by L.L. No. 4-2002; 12-7-2004 by L.L. No. 8-2004; 11-1-2005 by L.L. No. 6-2005; 11-7-2007 by L.L. No. 4-2007]

Front yard.

Every lot in any residential district shall have a front yard with a depth not less than the average of the depths of the existing front yards on the lots in the same block; provided, however:

The front yard on a lot situated between and contiguous to two lots on which there are existing buildings need not have a depth greater than the average of the depths of the front yards on such contiguous lots.

The front yard on a corner lot when there is an existing building on the contiguous interior lot fronting the same street need not have a depth greater than that of the front yard on such contiguous lots.

No front yard need have a depth of more than 20 feet.

In all instances, the front yard setback shall be measured from the front wall of the primary structure to the property line.

Side yards. In any residence district, the side yard on the street side of a corner lot shall have a width of not less than 1/4 of the lot frontage; provided, however, that no such side yard need have a width greater than 25 feet.

Rear yards. In any residence district, the rear yard shall have a minimum depth of 25 feet. In the case of an uncovered deck, the rear yard shall have a minimum depth of 20 feet.

Side lines of lots shall be at right angles to street lines and rear lot lines; lot width shall be consistently maintained from the front lot line to the rear lot line. “Flag lots" shall be prohibited in any residential district.

The following features, and no others, may extend into required yards and courts not to exceed the distances specified and, except for Subsection E(4), (5) and (8), shall not be included in computing the building coverage:

Balconies on multifamily dwellings, not more than 10 feet in width and completely unroofed and unenclosed: extension of six inches.

Belt courses, leaders, sills and similar architectural features: extension of six inches.

Canopies, cornices, eaves and similar architectural features: extension of 20 inches.

Cover over front steps only (not over a porch or other place or area), provided that such cover shall conform in architecture and in material to the existing building and further provided that said cover shall not project laterally beyond the maximum extent of the top of the existing front steps and in no event shall extend more than four feet from the face of the building, nor be greater than six feet in width.

Vestibule, not over four feet in depth, on the front of an existing building in any residence district, provided that there remains, after the erection of said vestibule, a front yard having a depth not less than the least depth of front yard existing in the same block or 20 feet, whichever is greater, and provided that said vestibule conforms in architecture and material to said existing building.

(6)

Unroofed and unenclosed steps and stoops, into side yard: extension of 60%.

(7)

Unroofed and unenclosed steps and stoops, terraces into the front yard, rear yard, and street side yard: extension of 25%.

(8)

Bay windows and bow windows: extension of 30 inches in the front yard only.

(9)

Masonry fireplace or chimney not more than two feet into the five-foot-minimum side yard. Fireplaces shall not exceed five feet in width.

(10)

Window wells may extend two feet into the required side yard, provided that the entire well is protected by a horizontal grating constructed in conformity with the New York State Building Code.

(11)

Paving in the front yard of any residence not exceeding 35% of the area of the front yard and limited to a driveway not exceeding 12 feet in width and a walkway not exceeding four feet in width separated from the driveway by at least two feet of green space. The driveway also shall be separated from the property line by at least one foot of green space.

(12)

Unless otherwise authorized by the Architectural and Preliminary Site Review Board, all new construction of buildings or structures or alterations or additions to existing buildings shall require that a front or side building wall or a combined new and existing front or side building wall may extend to a horizontal length of not more than 30 feet without a change or break of at least two feet; with an additional required break of at least two feet for every 25 feet of additional horizontal feet thereafter. No more than 75% of a two-story front wall shall be constructed, altered or added in one vertical plane; the balance of said wall construction shall follow a vertical plane which is separated from the former plane by at least two feet.

[Added 7-15-2008 by L.L. No. 2-2008; amended 2-7-2012 by L.L. No. 3-2012]

§ 99-21.1 Street and road regulations.

[Added 12-7-2004 by L.L. No. 12-2004]

All streets and roads shall be constructed in conformity with the advantageous development of the area of the neighborhood where situated and in such a manner as necessary for fire protection, proper movement of traffic, and for construction or extension of needed utilities and public services, such as sewer, water and drainage facilities.

All new streets or roads, as well as the continuation of existing streets and roads, shall not be less than 50 feet in width, with sidewalks being set back at least three feet from the street or road.

A cul-de-sac shall not exceed 200 feet in length and shall be equipped with a turnaround roadway having a minimum radius of 45 feet from the curbline at the closed end.

Street and roads shall be adjusted to the contour of the land to avoid dangerous gradients. Grades of all streets and roads shall not be less than 0.3% nor more than 10%. Gradients shall be used to facilitate surface drainage to proper natural or artificial outlets. Such street drainage, including recharge basins, shall be installed and maintained in a manner and location as approved by the Village Engineer.

Sidewalks, curb pavement, street signs, property line monuments and driveway aprons shall be installed in a manner and location as approved by the Village Engineer.

No street or road shall be constructed unless the owner of the land shall irrevocably offer to dedicate same to the Village. The filing of an application for a subdivision which includes a street or road shall constitute an irrevocable offer of dedication of the street or road by the owner of the land to the Village. The Village may in its absolute discretion, accept or not, at such time or times, or at any time in the future, such offer of dedication of streets or roads.

No street or road shall be constructed unless a bond, issued by a surety approved by the New York State Superintendent of Insurance, for the full amount of the costs of the improvement is posted with the Village. Said bond shall remain in full force and effect until final inspection and approval of the street or roadway by the Village Engineer.

§ 99-21.2 Transient rental properties.

[Added 5-17-2022 by L.L. No. 2-2022]

Transient rental property: a rental dwelling unit occupied by persons other than the owner or a family member of the owner and for which rent is received by the owner, directly or indirectly, in exchange for such rental occupation for a period of less than 28 nights. For the purposes of this article, the term "transient rental property" shall mean all non-owner-occupied dwelling units rented for a period of less than 28 nights and shall not include:

Properties used exclusively for nonresidential commercial purposes in any zoning district; or

Any legally operating hotel/motel business operating exclusively and catering to transient clientele; that is, customers who customarily reside at these establishments for short durations for the purpose of vacating, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business.

Presumption of use. There shall be a presumption of dwelling unit as transient rental property if the following is found to exist:

The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property:

The dwelling unit or any room therein is offered for lease on a short-term rental website, including Airbnb, HomeAway, VRBO and the like, for a period of less than 28 nights.

The dwelling is offered for lease in any medium for a period of less than 28 nights.

The foregoing presumption may be rebutted by evidence presented to the Code Enforcement Official that the dwelling unit is not a transient rental property.

Transient rentals prohibited. No dwelling unit, whether single-family, multidwelling or mixed residential use, shall be used or occupied as a transient rental property. No rental permit shall be issued for the use of any property within the Village as transient rental property.

Penalties for offenses. Any person, association, firm or corporation who or which violates any provision of this chapter or assists in the violation of any provision of this chapter shall be guilty of a violation, punishable:

By a fine of not less than $1,000 and not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense.

For any second conviction, committed within a period of 10 years of the first conviction, such violation will be subject to a fine of not less than $2,500 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both.

For any third conviction, committed within a period of 10 years of the first conviction, such violation will be subject to a fine of not less than $2,500 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both.