[Added 11-6-1995 by L.L. No. 14-1995]
Adult uses shall be allowed in an industrial district only as a special exception by the Board of Trustees after public hearing.
A. Purposes and consideration.
(1) The Board of Trustees recognizes that there are some uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics in these uses are further heightened by their concentration in any one (1) 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.
(2) It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere surrounding their operation is a matter of great concern.
(3) These special regulations as set forth in this section are to accomplish the primary purposes of preventing a concentration of these uses in any one (1) area and restricting their accessibility to minors.
B. 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 and videotapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
ADULT ENTERTAINMENT CABARET - A public or private establishment which presents topless 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 makes 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 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.
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 construed 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, such as tennis courts, racquetball courts or exercise rooms and which do not receive their primary source of revenue through the administration of massages.
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 any minor by reason of age.
C. 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 chapter:
(1) Any of the above uses shall not be located within a five-hundred-foot radius of any use district that permits one- or two-family dwellings.
(2) Any of the above uses shall not be located within a one-half-mile radius of another such use.
(3) Any of the above uses shall not be located within a one-thousand-foot radius of any school, church or other place of religious worship, park, playground or playing field.
D. No more than one of the adult uses as defined above shall be located on any one lot.
[Added 2-4-2002 by L.L. No. 1-2002]
A. A home business may be permitted in a Residence A, B or C District as an accessory use to a dwelling pursuant to a special use permit granted by the Board of Trustees after a duly noticed public hearing.
B. Legislative purpose. The Board of Trustees has found that the operation of a business, other than a home office, in a dwelling has the potential to substantially impact the residential character of a neighborhood in a negative manner. Accordingly, such business shall only be permitted under such conditions as will sufficiently mitigate such negative impacts and as will adequately preserve the residential qualities of the subject dwelling and the surrounding neighborhood.
C. Application for a special use permit. An application for a home business special use permit shall be made upon such forms as required by the Office of the Village Clerk, the filing of a plan for the business space, and the proposed parking spaces.
D. Requirements for a special use permit. A special use permit may not be issued unless the Village Board finds that:
(1) The home business will not occupy more than 500 square feet in the dwelling.
(2) Access for the home business shall be exclusively from a county or state road.
(3) The dwelling's lot has one off-street parking space for the resident business operator and one for each employee. The required parking plan must be consistent with the residential character of the neighborhood in terms of size, design and screening. Additionally, the business shall not result in the parking of more than three visitor vehicles at one time on the property or in the street.
(4) The exterior of the dwelling shall not be modified in any manner to accommodate the home business or in a manner that is inconsistent with the residential character of the neighborhood.
(5) The business signage is limited to a name plate with dimensions of no more than 18 inches by nine inches. The appearance of such sign shall be consistent with a residential character.
(6) There shall be no display of the business work or product outside of the building and there shall be no outside storage of materials or equipment associated with the business. "Outside storage" is intended to mean storage outside of the permitted five-hundred-square-foot business space within the dwelling, or within a garage or within a shed, or any shed-like structure.
(7) The proposed business shall not create- a hazard to-health, safety, morals or the general welfare.
E. The grant of a special use permit shall:
(1) Be personal to the resident-applicant and not assignable.
(2) Be conditioned upon the agreement of the resident-applicant to an inspection of the business space by the Department of Buildings during regular office hours upon no less than 24 hours' notice.
(3) Be conditioned upon the continued compliance by the resident-applicant with each of the provisions of Subsection D herein.
F. The provisions of § 252-3 shall apply to this section to the extent that it provides that the lawful home business use of any building existing at the time of the enactment of this section may be continued. However, upon the discontinuance of the nonconforming use, such use may no longer be continued.
[Added 7-28-2003 by L.L. No. 6-2003]
A. Legislative findings. While a tiered parking garage is generally unacceptable in a suburban setting, the Board of Trustees has found that the continually growing demands for additional commuter parking and additional retail parking in the downtown district of the Village of Lynbrook require that, upon certain mandatory conditions as set forth herein, such structures should be permitted.
B. A tiered parking garage may be permitted in a Commercial District pursuant to a special use permit granted by the Board of Trustees after a duly noticed public hearing.
C. Such a permit shall not be granted unless the Board of Trustees shall find that:
(1) The location of the property for the proposed parking garage is:
(a) Within a Commercial District; and
(b) Currently dedicated solely to a parking use or is contiguous to property currently dedicated solely to a parking use.
(2) The proposed parking garage includes only one level above grade.
(3) The location, design and, intended purpose of such garage would be primarily to provide public commuter and retail parking spaces.
(4) The proposed structure meets the requirements of generally accepted architectural and engineering standards.
(5) The proposed structure shall meet the criteria set forth in § 252-116I(2)(a) through (g).
D. Review by architect or engineer.
(1) The Superintendent of Buildings or the Board of Trustees shall, pursuant to § 252-116E and K, retain a licensed architect or engineer to:
(a) Review the application for the special use permit and all related submissions, including plans, specifications, elevations, and renderings; and
(b) Provide recommendations to the Village Board with respect to each issue set forth in Subsection C herein.
(2) The recommendations of the architect or engineer shall be in writing.
(3) A copy of said recommendations shall be promptly provided to applicant or applicant's representative.
E. The determination of the Board of Trustees shall be made in accordance with § 252-116J and include consideration of the recommendations of the architect or engineer retained by the Village.
F. The reasonable costs for review and recommendations by the architect or engineer pursuant to Subsection D herein shall be borne by applicant as provided for in § 252-116K herein. Such costs shall be in addition to the standard fees for a special use permit application.
[Added 7-28-2003 by L.L. No. 5-2003]
A. Outdoor dining may be permitted pursuant to a special use permit granted by the village board of trustees pursuant to § 252-116 herein.
B. A permit shall not be issued unless the Board finds that:
(1) There is adequate space for pedestrians on the sidewalk adjacent to the outdoor dining area.
(2) The outdoor dining area is separated from the sidewalk by aesthetically acceptable fencing, partition, or shrubs.
(3) The outdoor dining site plan as submitted demonstrates that the proposed use will be compatible with and enhance the character of the surrounding neighborhood.
(4) The criteria of § 252-116I have been met.
C. Permit required; fee.
(1) No outdoor dining facility, including but not limited to tables, counters, chairs, seats, benches, and related equipment, shall be allowed unless a special use permit has been first obtained from the Village Board of Trustees.
(2) The fee for such special use permit shall be in such amount as determined by resolution of the Board of Trustees.
D. The application for a special use permit pursuant to § 252-116 shall be filed and shall contain the following additional information:
(1) Whether alcoholic beverages are to be served and, if so, a copy of the appropriate liquor license issued by the State of New York shall be appended to the application.
(2) A survey of the subject property shall be provided which shall include the abutting properties and the adjacent Village sidewalk.
(3) A site plan shall be provided showing the complete sidewalk area to be included in the outdoor dining facility with the location of all furniture and fixtures to be used, including a fully dimensioned seating plan, location and description of artificial lighting fixtures, and the location of entrances and exits.
(4) Manufacturers' materials describing all furniture and fixtures be to used.
(5) A description of how and where such furniture and fixtures will be stored and secured during nonoperational hours.
E. Alcoholic beverages. The consumption of alcoholic beverages of any type or kind in an outdoor dining area is prohibited unless served by the licensed premises and accompanied by the service and consumption of food. It is the responsibility of the owner and/or operator of the premises who has obtained a permit hereunder for outdoor dining to insure compliance with this provision.
F. Special provisions where outdoor dining is on a public sidewalk.
(1) The person or persons to whom a permit for outdoor dining has been issued shall be liable to and shall indemnify the Village for any loss, damage, or expense incurred by the Village arising out of the operation of such outdoor dining area.
(2) Prior to the issuance of a permit, the applicant shall present to the Village a certificate of insurance for comprehensive general liability insurance naming the Incorporated Village of Lynbrook as an additional insured for a minium of $1,000,000 coverage per occurrence.
G. Revocation or suspension of permit. The Village Board may revoke or suspend a permit when it finds, after a hearing upon written notice to the permit holder, a violation of any applicable regulation, ordinance, local law or statute, -or that 'a continuation of said permit would constitute a hazard or nuisance. The notice to the permit holder shall set forth the nature of the violation, hazard or nuisance in sufficient detail to provide the permit holder the opportunity to present a defense.
H. Maintenance of the premises.
(1) The outdoor dining area and adjacent areas shall be maintained clean and kept refuse free.
(2) The outdoor dining area and adjacent areas shall be swept and washed down each night at closing and at such other times as needed.
(3) Sufficient containers for task shall be placed in the outdoor dining area.
I. Conditions of permit. In addition to such conditions as the Board may deem appropriate under § 252-116, the Board shall also consider whether conditions should be included as to:
(1) The hours of operation of the outdoor dining area.
(2) Whether music should be permitted and any restrictions thereon.
(3) The details of the artificial lighting as depicted on the outdoor dining area site plan.
