No person shall load or unload boats from a boat storage rack
to or from the navigable water between June 1 and September 30 of
any year unless a license shall first have been secured therefor from
the Board of Trustees in the manner provided in this article. If any
boat or watercraft stored on a boat storage rack is removed from such
rack more than once between June 1 and September 30, it shall be presumed
that a dry-dock storage marina business is being conducted, for which
a license must be obtained.
This article shall apply to indoor and outdoor boat storage
racks.
The following prerequisites shall be complied with before granting the license required by §
107-32:
A. A boat storage rack shall conform to the requirements of Chapter
183 of this Code and the further requirements of this article.
B. A boat slip or boat ramp must be provided on the subject premises
of sufficient width and length to entirely contain within its boundaries
any boat stored on or in any boat storage rack on the premises so
that when any boat is launched it does not extend into a public waterway,
canal, river, bay or the like.
[Amended 3-8-2010 by L.L. No. 2-2010]
C. There must be available sufficient, unoccupied water surface area
within the boundary lines of the subject premises and not in a public
waterway, canal, river, bay or the like to accommodate boats which
have been launched or are waiting to be hauled in order to prevent
congestion in and hindrance of navigation in the public waterways.
"Sufficient water area" shall be construed to mean no less than 80
square feet of unoccupied water surface area for every 20 feet of
length of boat storage rack on the premises, multiplied by the number
of levels in said rack.
D. The location and orientation of the boat storage rack building shall
be determined by the Board of Trustees unless it has previously been
approved by the Planning Board or Zoning Board of Appeals. No boat
storage rack or boat storage rack building shall be used for dry-dock
storage marina purposes unless it is located at least 20 feet inside
all property lines and 30 feet from all paved roadways and bulkheads.
E. No dry-dock storage marina shall be operated unless equipment owned
or leased by the operator of such marina is available on site which
is capable of removing all boats from the rack within a reasonable
period of time in case of emergencies. All equipment shall contain
engine-muffler systems which provide maximum available noise reduction.
F. Off-street parking facilities as required by Chapter
183, Zoning, of this Code must be available on site.
G. Sanitary facilities for both men and women shall be provided on site
in accordance with Suffolk County Health Department regulations. Said
sanitary facilities must be connected to the public sewer system.
H. No dry-dock storage marina shall be operated on property which is adjacent to premises zoned or used for residential or other noncommercial and nonindustrial purposes unless a planted buffer zone has been established along the property line adjacent to such premises. Said planted buffer zone shall be at least 10 feet in depth and conform to the guidelines set forth in §
183-83.1 unless the buffer zone has previously been approved by the Planning Board.
I. The premises shall be in compliance with all other applicable laws
of the Village of Amityville.
J. The payment of an annual licensing fee in a sum to be established
and modified from time to time by the Board of Trustees by resolution.
Any presently permitted business or use now in existence, covered
in this article, which violates or does not conform to the requirements
and provisions hereof shall be altered, removed, discontinued or replaced
in conformity with the provisions hereof. Any application for a license
by said existing business shall be so conditioned and shall so state,
and the applicant shall agree, in writing, to comply with the provisions
of this article prior to the issuance of said license.
The license granted under this article shall be valid for one
year from January 1 and shall expire on the next succeeding December
31.
No watercraft shall be placed on or taken off a boat storage
rack used for dry-dock storage marina purposes prior to 8:00 a.m.
or after 7:00 p.m. from June 1 through September 30.