The provisions of this article shall apply to
the Business District, as hereinafter set forth.
Permitted uses. A building may be erected, altered
or used and a lot or premises may be used for any of the purposes
set forth in this section and for no other.
A.
Governmental and municipal purposes.
B.
Banks and financial institutions.
C.
Offices, including professional offices and professional
buildings provided that no part of such office or offices shall be
used for the storage, packaging, processing or selling of products
sold at wholesale.
D.
Stores and shops for conducting any of the following
retail and service businesses: food establishments, beverage service
establishments, barbershop, beauty parlor, shoe repair, hardware,
drug, tobacco, newspaper and magazines, custom tailoring, dressmaking
and millinery, clothing, dry goods, furniture, home appliances, decorator
goods, paints, stationery, book, fur, toys, florist, floor covering
and rugs, health club, spa, gymnasium, nail salon, hobby and crafts,
sports and sporting goods, and audio and video sales and rentals.
[Amended 6-14-2004 by L.L. No. 5-2004; 9-13-2004 by L.L. No.
8-2004; 12-14-2005 by L.L. No. 14-2005; 2-8-2022 by L.L. No. 2-2022]
(1)
Drive-through
facilities for beverage service establishments only shall be permitted
in the Business District under this article and shall conform to the
following requirements.
(a)
A minimum of 10 vehicle standing spaces shall be provided, inclusive
of the vehicle being served.
(b)
Each vehicle standing space shall be clearly defined on the site
plan and shall be in a location that does not conflict or interfere
with other traffic entering, using or leaving the site or area.
(c)
Vehicles located in a vehicle standing space shall not be permitted
to back out into the street or within adjacent parking areas on site.
(d)
A vehicle standing space shall be not less than 20 feet in length
and no less than nine feet wide. Standing spaces shall be measured
from the front of the service position to the rear of the vehicle
standing space.
(e)
All traffic either entering or exiting the drive through shall be
directed to the parking lot and shall not directly enter or exit to
a public road.
(2)
Screening
requirements for drive-through facilities. Landscaping shall be used
to screen and to minimize the visual impact of reader board signs,
directional signs and/or other similar type signs utilized at the
drive-through facility from the public right-of-way and/or an adjacent
residential use or adjacent residentially zoned property. The site
plan or development plan shall indicate the type and number of trees
and/or shrubs intended to be planted and the location thereof. The
perimeter landscaped area shall be designed so as not to obstruct
drivers' site lines from the subject property.
(3)
Lighting.
A drive-through facility shall be constructed and positioned so as
to ensure that the headlights of vehicles awaiting service and exiting
from the facility and lighting from other sources on the site are
screened from the public rights-of-way and are not visible from any
adjacent residential use or residentially zoned property.
(4)
Noise.
Any noise associated with a drive-through facility, including but
not limited to a device used to order from, which is outside of the
drive-through building or structure, shall not exceed the maximum
sound levels provided for in the Village Code and shall not be audible
to any residential property or from the public street or sidewalk.
No audio equipment shall be located on the side of the principal structure
that is adjacent to a residential or residentially zoned property.
(5)
Pedestrian
conflicts. Pedestrian walkways and/or paths shall be designated so
as to minimize conflicts with vehicle standing spaces, drive-through
lanes, or drive-through aisles.
(6)
Signage.
All menu signs, menu boards, or readerboard signs shall be designed
so as not to be a nuisance or to interfere with the use of vehicles
on adjacent streets or public rights-of-way. All drive-through areas
or drive-through aisles shall be indicated with a drive-through entry
sign.
E.
Pet store, for the sale of pet food, pet toys, pet
supplies and the following enumerated pets only: puppies, kittens,
tropical fish, birds, hamsters, gerbils, guinea pigs, rabbits, ferrets,
newts, chameleons, turtles, hermit crabs and lizards; subject to Nassau
County, New York State and federal restrictions; and pet grooming.
No other pets shall be sold without the express authorization of the
Board of Trustees.
[Added 6-27-1990 by L.L. No. 5-1990]
F.
Sale at retail or repair of jewelry, watches, clocks
or optical goods, musical, professional, or scientific instruments,
radio, television, record players and recorders. The foregoing permitted
uses are intended to be limited to shops and stores for the sale at
retail of consumer merchandise and service where the transaction with
the consumer and the operation of the business is conducted entirely
within a building. The following types of uses are therefore prohibited:
(1)
Drive-through establishments; except for beverage
service establishments with a floor area of no more than 2,000 square
feet, located in an existing multitenant shopping center with a minimum
lot area per 10 acres. In no event shall there be more than one drive-through
beverage service establishment per lot, nor any drive-through beverage
service establishment within 2,500 feet of any other drive-through
beverage service establishment in the Village. Shopping centers that
have drive-throughs shall be owned by a single owner at the effective
date of this subsection and for purposes of this section, an owner
shall include a long-term lessee.
[Amended 2-8-2022 by L.L. No. 2-2022]
(4)
Vending machines and other similar coin-operated devices
which automatically deliver goods or render services are intended
to be included in the foregoing prohibition.
[Amended 12-14-2005 by L.L. No. 14-2005]
G.
When authorized by the Board of Trustees, as an accessory
use to a shopping center that provides not less than a total of 100
parking spaces, to provide off-street parking, for another business
which is located within the Village.
[Added 7-25-2005 by L.L. No. 4-2005[3]]
(1)
In any such application, the Board of Trustees may,
at its option, request the applicant to either provide a traffic study
or to reimburse the Village to have a traffic study performed.
(2)
In any such application, the Board of Trustees shall
consider the following:
(a)
Whether the number and location of the proposed
off-street parking spaces to be leased are of such quantity and for
such times and days of the week:
[1]
As to be appropriate to and in harmony with
the surrounding properties.
[2]
As not to result in vehicular traffic which
would be more hazardous than the normal traffic of the district without
the accessory use, taking into account such factors as street intersections,
traffic flow, traffic queuing on public streets, sight distances,
and pedestrian traffic.
[3]
As not to conflict or be incongruous to the
immediate neighborhood by reason of excessive traffic, assembly of
persons or vehicles, proximity to travel routes or congregations of
children or pedestrians.
[4]
As not to be objectionable to nearby residential
dwellings by reason of noise, lights, or other factors of impact.
(b)
Whether the proposed leasing of the parking
spaces will provide a desirable benefit to the Village or otherwise
contribute to the proper stability of the business base of the Village.
(3)
In granting any such approval, the Board of Trustees
may provide:
(b)
That such use shall not limit the development
rights of such shopping center so that, for the purposes of parking
calculations when considering the expansion of the floor area utilized
for businesses within the shopping center, or the uses to which such
floor area is to be utilized, neither the number of parking spaces
that are leased, nor the business uses for which such parking spaces
are leased, shall affect the development rights of the owner of the
shopping center, and all such parking calculations shall be made as
though such lease was not in effect.
[3]
Editor’s Note: This local law also redesignated
former Subsection G as Subsection H.
H.
All other uses which, in the opinion of the Board
of Trustees after public hearing, are of the same general character
as those specifically permitted herein in accordance with the following
procedure:
(1)
An application under this subsection shall be filed
with the Clerk of the Board of Trustees. Such application must be
in writing and submitted in triplicate verified by the applicant or
applicants which shall contain the following:
(a)
Identity of the fee title owner of the property
and the contract vendee or lessee of the property, if any.
(b)
Fee title owner and contract vendee and/or lessee
of property, if any, must join in the application.
(c)
Accurate metes and bounds description of the
property, section, block and lot number from the Nassau County tax
maps. Short form description for public advertising purposes.
(d)
Present zoning of property.
(e)
Unequivocal statement of the use requested to
be made of the property if application is granted.
(f)
General statement of character and zoning of
surrounding neighborhood.
(g)
General statement of reasons or facts justifying
the relief sought.
(2)
Each such application shall be accompanied by the
following:
(a)
A site plan and general building plans showing
the design, location, and use of the building, structures and open
spaces as proposed by the application.
(b)
Six copies of a survey by a licensed engineer
or surveyor are required bearing a date not more than 60 days prior
to the date of application, and the scale must be not less than one
inch equals 100 feet and not larger than one inch equals 50 feet.
(c)
A "key map," either incorporated in the survey
or separately, showing the location and zoning of all surrounding
properties within 200 feet of the perimeter of the subject property.
(3)
Where an application has been denied, no new application
for the same relief, as to the same parcel of property, may be submitted
for a period of one year after the date the resolution denying the
original application is filed in the Village Clerk's office.
(4)
The Board of Trustees, in considering such application
and after public hearing, may issue permits for such uses for a limited
period of time or otherwise, subject to such conditions and safeguards
as shall be deemed appropriate, when, in its opinion, it shall find
that such proposed use and improvement will conform to the general
character of the neighborhood in which the property to be used is
located and that the public health, morals, safety and general welfare
of such neighborhood will be secured and will be in accordance with
the comprehensive plan and the provisions as set forth in this chapter
to lessen congestion in the streets, to secure safety from fire, panic
or other danger, to prevent overcrowding of land, to avoid undue concentration
of population, to safeguard the adequate provision of water, sewage
disposal, parks and other public requirements and to protect and secure
the nature and character of the existing neighborhood and the values
of the property therein.
(5)
No modification, variance or change in the general
location, layout and character, of the project, which shall include
the architectural designs and arrangements of all buildings as shown
on the plan, as approved, will be permitted.
[Amended 6-14-2004 by L.L. No. 5-2004; 9-13-2004 by L.L. No.
8-2004; 12-14-2005 by L.L. No. 14-2005]
In addition to the permitted uses set forth in § 176-70, a building may be erected, altered, or used and a lot or premises may be used for any of the purposes set forth in this section, when authorized by:
A.
The Board of Appeals, utilizing the general standards for consideration and determination established in § 176-149: theater; bowling alley; church or other building for religious purposes; school; telephone exchange; funeral home.
[Amended 2-8-2022 by L.L. No. 2-2022]
B.
The Board of Trustees, utilizing the general standards for consideration and determination established for the Board of Appeals in § 176-149: shops or stores which make available any facility for, or which permit the consumption of, food or beverage on the premises outside a building; open-front shops or stores; and the outdoor display or storage of merchandise.
[Amended 11-9-1998 by L.L. No. 5-1998]
No building shall exceed 2 1/2 stories or 31
feet in height.
The building area shall not exceed 70% of the
lot area.
There shall be a front yard the depth of which
shall not be less than 10 feet.
No side yard shall be required; but if any is
provided, then its least dimension shall not be less than five feet.
There shall be a rear yard the depth of which
shall not be less than 20 feet.
There shall be provided on each lot or premises
on which an authorized use is instituted or maintained an accessory
parking facility for motor vehicles meeting the minimum standards
hereinafter set forth.
A.
Places of public assembly. One parking space for each
four persons who can legally be accommodated, plus one parking space
for each employee.
[Amended 6-13-1988 by L.L. No. 2-1988]
B.
Offices, retail stores and all other businesses. One
parking space for each 300 square feet of floor area.
[Amended 6-13-1988 by L.L. No. 2-1988]
C.
A lot or premises or a portion thereof may be used
for the storage of motor vehicles when said storage is accessory to
a permitted use conducted on the same or adjoining premises provided:
(1)
Said vehicles do not exceed 2 1/2 tons gross vehicle
weight and are not designed or used for the transportation of gasoline,
benzine, naphtha, petroleum, shale, oil, coal tar or other volatile
or inflammable product.
(2)
Said vehicles are stored in a fully enclosed building.
(3)
That the area of any building used for said storage
shall not exceed 600 square feet or 25% of the building area of the
building devoted to the principal use, whichever is less.
D.
All accessory parking facilities above provided when abutting a residential district shall be screened by a seven-foot-high stockade-type fence along the property lines; in addition thereto, a ten-foot strip of land on said business property and along said fence shall be planted with evergreen shrubs and trees of sufficient height and density to act as additional screening between the residences and/or residential district and the area used for the parking of vehicles. Said fencing shall conform to the requirements set forth under Article XII, § 176-140 of this chapter.
[Amended 10-7-1974 by L.L. No. 1-1974]
E.
All accessory parking areas shall be paved and maintained
in accordance with the Village of Port Washington North's specifications.
F.
All lighting of parking areas shall be directed away
from adjoining residences and shall not exceed a height of eight feet
above the grade of the paved portion thereof. The location, candle
power and type of fixtures to be installed shall be first approved
by the Building Inspector.
G.
In calculating the number of parking spaces required
for a premises in excess of 10 acres, where there are mixed business
uses, the calculation for the total number of parking spaces required
on the site shall be based upon the estimated demand for parking factors
set forth in the following schedule:
[Added 5-11-1989 by L.L. No. 2-1989]
|
Use
|
Weekday
Day
|
Weekday
Evening
|
Weekend
Day
|
Weekend
Evening
|
|---|---|---|---|---|
|
Restaurants
|
90%
|
50%
|
90%
|
50%
|
|
Motion Picture Theater(s)
|
20%
|
80%
|
50%
|
80%
|
|
Retail Sales
|
90%
|
50%
|
90%
|
50%
|
|
Office
|
95%
|
25%
|
25%
|
10%
|
H.
Calculations for parking requirements shall be submitted
to the Building Inspector to assure compliance with the above schedule
and no portion of the premises may be changed to a use different from
that previously presented and approved by the Building Inspector without
a new presentation and approval.
All lighting of business premises shall be directed away from adjoining residences and unless controlled by § 176-77 of this article, shall not exceed a height of 15 feet above the grade of the premises. The location, candle power and type of fixture to be installed, shall be first approved by the Building Inspector.
[Amended 10-7-1974 by L.L. No. 1-1974]
Where a Business District adjoins any residence district, and the business property is not controlled by the provisions of § 176-77 of this article, there shall be provided a six-foot-high stockade-type fence along the common property line; in addition thereto, a six-foot strip of land on said business property and along said fence, shall be planted with evergreen shrubs and trees of sufficient height and density to act as additional screening between the business property and the residence district. Said fencing shall conform to the requirements set forth under Article XII, § 176-140 of this chapter.
Any screening required by this article shall
be maintained by the owner of the property. This shall include but
not be limited to the replacement of trees and shrubs of whatsoever
type which may die and/or otherwise be destroyed; and/or fences which
may become in disrepair. The owner shall, within 10 days after written
notice from the Building Inspector, replace any shrubbery and/or trees
and/or repair any fence required by this article.
