[Added 10-30-1979 by L.L. No. 9-1979]
In a Marine Business District, the following
regulations shall apply.
A building may be erected, altered or used and
a lot or premises may be used for any of the following purposes and
for not other:
A.
Municipal or nonprofit cultural and recreational facilities,
including libraries, museums, art galleries, parks, playgrounds, municipal
docks, marinas or launching ramps or community buildings.
B.
Private marinas and docking facilities.
C.
A boat yard, including boat sales, marine sales, rental,
repair, maintenance and storage.
D.
Retail sales of marine supplies and related items,
such as but not limited to boats, boating equipment, fishing equipment
and boat provisions.
E.
Commercial charter and fishing boats.
F.
The dispensing of fuel and oil in conjunction with
a permitted use, when authorized as a special exception by the Board
of Appeals.
G.
A residential unit accessory to marina and boat yard
facilities to be used solely as living quarters for caretaker purposes.
H.
Any use similar in character to these specifically
enumerated upon finding by the Board of Appeals that such use is dependent
upon use of waterfront property.
[Amended 6-16-1992 by L.L. No. 2-1992]
No use shall be permitted if it is in conflict
with the following standards:
A.
Enumeration of standards.
(1)
Fire and explosion hazards. All activities involving
and all storage of flammable and explosive materials shall be provided
at a point with adequate safety devices against the hazard of fire
and explosion and adequate fire-fighting and fire-suppression equipment
and devices standard in industry. Burning of waste materials in open
fires is prohibited at any point. The relevant provisions of federal,
state and local laws and regulations shall also apply.
(2)
Vibration. No vibration shall be produced which is
transmitted through the ground and is detectable without the aid of
instruments at or beyond the lot lines; nor shall any vibration produced
exceed a peak of two-thousandths (0.002) g at up to fifty-hertz frequency,
measured at or beyond the lot lines using either seismic or electronic
vibration-measuring equipment. Vibrations occurring at higher than
fifty-hertz frequency or a periodic vibration shall not induce acceleration
exceeding one-thousandth (0.001) g. Single-impulse periodic vibrations
occurring at an average interval greater than five minutes shall not
induce accelerations exceeding one-hundredth (0.01) g.
(3)
Smoke. No emission shall be permitted at any point,
from any chimney or otherwise, of visible gray smoke a shade equal
to or darker than No. 2 on the standard Ringlemann Smoke Chart, as
issued by the United States Bureau of Mines or its approved equivalent,
except that visible gray smoke of a shade equal to No. 2 on said chart
may be emitted for four minutes in any 30 minutes. These provisions
applicable to visible gray smoke shall also apply to visible smoke
of a different color but with an apparently equivalent opacity.
(4)
Odors. No emission shall be permitted of odorous gases
or other odorous matter in such quantities as to be readily detectable
when diluted in the ratio of one volume of odorous air emitted to
four volumes of clean air. Any process which may involve the creation
or emission of any odors shall be provided with a secondary safeguard
system, so that control will be maintained if the primary safeguard
system should fail. There is hereby established as a guide in determining
such quantities of offensive odors Table III, Odor Thresholds, in
Chapter 5, Air Pollution Abatement Manual, copyright 1959 by Manufacturing
Chemists' Association, Inc., Washington, D. C., and said manual and/or
table as subsequently amended.
(5)
Fly ash, dust, fumes, vapors, gases and other forms
of air pollution. No emission shall be permitted which can cause any
damage to health, animals, vegetation or other forms of property or
which can cause any excessive soiling at any point on the property
of others and, in no event, any emission, from any chimney or otherwise,
of any solid or liquid particles in concentrations exceeding three-tenths
(0.3) grain per cubic foot of the conveying gas. For measurement of
the amount of particles in gases resulting from combustion, standard
corrections shall be applied to a stack temperature of 500° F.
and 50% excess air.
(6)
Glare.
(a)
"Direct glare" is defined, for the purpose of
this chapter, as illumination beyond property lines caused by direct
or specularly reflected rays from incandescent or fluorescent lighting
or as lighting from such high-temperature processes as welding or
petroleum or metallurgical refining. No such direct glare shall be
permitted, with the exceptions that parking areas and walkways may
be illuminated by luminaries so hooded or shielded that the maximum
angle of the cone or direct illumination shall be 60° drawn perpendicular
to the ground, with the exception that such angle may be increased
to 90° if the luminary is less than four feet above the ground.
No luminary shall be placed more than 20 feet above ground level,
and the maximum illumination at ground level shall not exceed three
footcandles.
(b)
"Indirect glare" is defined, for the purpose
of this chapter, as illumination beyond property lines caused by diffuse
reflection from a surface such as a wall or roof or structure. Indirect
glare shall not exceed that value which is produced by an illumination
of the reflecting surface not to exceed:
(7)
Liquid or solid wastes. No discharge shall be permitted
at any point into any public sewer, private sewage disposal system
or stream or into the ground, except in accord with standards approved
by the Westchester County Department of Health, of any materials of
such nature or temperature as can contaminate any water supply or
otherwise cause the emission of dangerous or offensive elements. There
shall be no accumulation of solid wastes conducive to the breeding
of rodents or insects.
B.
The storage of fuel oil, gasoline or other flammable
materials shall not be in quantities in excess of 25,000 gallons.
[Amended 6-16-1992 by L.L. No. 2-1992]
A.
Detached or ground signs. One sign not larger than
30 square feet and not exceeding nine feet in height with a ten-foot
setback from any property line, advertising only the business conducted
on the premises on which placed and only when detached from any building
or structure shall be permitted.
B.
Wall signs: one sign attached to or incorporated in
each building wall on a street and advertising only the business conducted
in such building shall be permitted when such sign does not:
(1)
Exceed in total area two square feet for each horizontal
foot of such wall.
(2)
Exceed in width 75% of the horizontal measurement
of such wall, except that, where such horizontal measurement is 20
feet or less, the maximum width may be increased to 90% of such measurement.
(3)
Exceed 15 feet in height from the ground level.
(4)
Project not more than one foot from such wall.
C.
Any fence shall have the smooth or finished side facing
the outside of the property, and all posts, braces or pipes must be
placed on the inside of the fence.
[Added 6-16-1992 by L.L. No. 2-1992]
No building shall occupy a lot or plot having
a frontage of less than 75 feet and depth of 100 feet, except a plot
having a frontage of not less than 50 feet and being in single, separate
ownership on the effective date hereof.
[Amended 8-7-1985 by L.L. No. 5-1985]
No building or structure shall exceed two and
one-half (2 1/2) stories or 24 feet.
The required front yard depth shall be 30 feet.
The required side yard depth shall be 10 feet.
The required rear yard shall be 15% of the average
depth of the lot.
The building area shall not exceed 30% of the
lot area.
Customary accessory uses to the permitted uses,
including off-street parking and loading areas, shall be permitted.
