[Amended 11-26-1985; 5-14-1991; 6-27-1995; 3-12-1996; 7-27-1999; 9-26-2000; 3-13-2001]
A.
Purpose. The purpose of the B-1 Central Commercial District is to legitimize, support and preserve the central commercial district in Glen Cove and help preserve the sense of place associated with the District. By establishing this District, the City intends to encourage a wide range of uses that reflects the importance of downtown as a well-designed, pedestrian-friendly, community-wide business, government, entertainment center with uses that service the entire community and surrounding area.
B.
Permitted principal uses. The following uses shall be permitted, providing that such uses shall be located in fully enclosed structures:
[Amended 8-24-2010]
(1)
Retail stores and shops.
(2)
Pharmacies.
(3)
Repair shops except for motor vehicle and heavy equipment repair.
(4)
Professional dry-cleaning and laundry dropoff and pickup service.
(5)
Rental of apparel, such as tuxedos and formal wear.
(6)
Florist shops with no outdoor storage.
(7)
Photography and art galleries.
(8)
Photography or art studios.
(9)
Medical, professional and business offices.
(10)
Travel agencies.
(11)
Real estate and real estate brokers offices.
(12)
Financial institutions, and drive-throughs accessory to the financial institutions.
(13)
Government offices.
(14)
Professional tailors.
(15)
Custom printing shops not involved in the printing of periodicals, books, catalogs or similar items requiring frequent delivery or shipment of large quantities of materials, and further provided that such printing shop shall consume not more than 2,500 square feet.
(16)
Stationery stores.
(17)
Schools for the instruction of personal artistic or physical skills such as fine arts, performing arts, martial arts, crafts, dance, and music to patrons in sessions not to exceed two hours each.
(18)
Museums, concert halls and performing arts theaters.
(19)
Fully enclosed personal service shops, such as barber shops, hairdressers, nail salons, tanning salons and other similar personal services, provided that such uses shall be located no closer than 150 feet to a similar establishment and shall have 40 feet or less of ground-story frontage.
[Added 7-26-2022 by L.L. No. 05-2022]
D.
Lot area and building requirements for principal uses.
(1)
Minimum lot area: none.
(2)
Minimum lot width: 20 feet.
(3)
Minimum setback from front property line: 10 feet.
(4)
Minimum rear yard: 10 feet.
(5)
Minimum interior side yards: none, except if side yards are provided, each side yard shall be six feet. Such side yard shall be properly landscaped in accordance with a landscape plan to be approved by the Planning Board as part of site plan approval. Where such side yard is designated to provide access to the rear of the property, a three-and-one-half-foot sidewalk shall be provided.
(6)
Minimum corner side yard: 10 feet.
(7)
Maximum height: three stories, and in no event to exceed 45 feet.
(8)
Maximum coverage: 80%.
F.
Lot and building requirements for accessory uses shall be the same as for principal uses denoted in § 280-65D.
[Amended 8-24-2010]
G.
Special uses permitted at the discretion of the Planning Board.
(3)
Public utility installations, buildings and structures, provided that the same are suitably located and planned as to site, lot area, height, yards and exterior appearance.
(6)
Restaurants, fast-food restaurants or take-out restaurants, provided that there is adequate parking in accordance with Subsection G (Parking and loading) and subject to the following conditions:
[Amended 8-24-2010]
(a)
In the interest of preserving the balance of businesses and ensuring the success of restaurant business starts in downtown Glen Cove, the applicant shall prepare a narrative that demonstrates the following: the market potential for the proposed use, location of stores within the B-1 Business District that offer similar services, peak times of service and similar businesses within 500 feet of the proposed restaurant. This information shall be used to estimate the likelihood of success and potential economic viability for the new restaurants. The Planning Board shall consider this in conjunction with criteria in § 280-20 before a permit may be issued.
(b)
Plan for policing trash/litter pickup around the site.
(c)
Comment from BID regarding the consistency with the overall marketing plan for the CBD, where practicable.
(7)
Theaters, subject to the following conditions:
[Amended 8-24-2010]
(a)
Drive-in theaters shall not be permitted.
(8)
Telephone exchange, funeral home, fire station, electric substation, taxi office.
[Amended 8-24-2010]
(9)
Educational institutions, including colleges, universities, junior colleges; business, banking, business management, secretarial and office services schools; computer and data processing schools, art and drafting schools; barber, beauty and cosmetology schools; commercial or noncommercial food preparation schools; photography schools; schools for fashion design, under the following conditions:
[Amended 8-24-2010]
(a)
The curriculum shall be approved by the New York State Department of Education, if applicable.
(b)
Where housing accommodations for students are provided, they shall meet the requirements for multifamily and residential mixed-use buildings as otherwise regulated within the B-1 District.
(c)
No music or noise shall be audible beyond the immediate premises.
(d)
All other provisions of this District shall apply.
(10)
(11)
Dance hall, bowling alley, skating rink, lodge or assembly hall, radio station studio.
[Added 8-24-2010]
(12)
Billiard parlor, club, discotheque, bar, subject to the following conditions:
[Added 8-24-2010]
(a)
In order to ensure public safety and provide visual interest, windows facing the street shall be transparent glass, and clear unimpeded view into the premises shall be afforded from the street;
(b)
Establishments shall be open to the general public;
(c)
In order to promote a variety of uses within the downtown, and to preserve the traditional character of the B-1 District as an environment appropriate to persons of all ages, no such establishment shall be located closer than 400 feet to a similar establishment;
(13)
Multiple dwellings and residential mixed-use buildings, provided that the following conditions are satisfied:
[Amended 8-24-2010]
(a)
Minimum parcel size is 40,000 square feet for exclusively residential structures. Residential mixed-use buildings shall meet the minimum lot size requirement for the nonresidential uses contained within the buildings but in no case shall be located on a lot of less than 5,000 square feet. Lot sizes for nonresidential uses are as determined elsewhere in this Code.
(b)
Each dwelling unit shall have no more than three bedrooms. No more than 1/3 of the units proposed within a structure shall be one-bedroom or efficiency units.
(c)
Minimum livable floor area for residential uses shall be as follows:
(d)
The minimum lot area per residential unit shall be as follows; provided, further, that all coverage, height and setback requirements are satisfied:
(e)
In order to preserve the linear continuity of commercial ground floor spaces within the downtown, no residential units shall be permitted within a building story affording direct exterior access to grade and within 80 feet of Bridge Street, School Street or Glen Street between School Street and Pulaski Street.
(f)
Maximum coverage shall be 65% for exclusively residential structures; 80% for all other structures including mixed-use residential.
(g)
Minimum interior side yards for any exclusively residential structure shall be 15 feet. Such side yard shall be properly landscaped in accordance with a landscape plan to be approved by the Planning Board as part of site plan approval. Where such side yard is designated to provide access to the rear of the property, a three-and-one-half-foot sidewalk shall be provided. All other yard and setback requirements of the District shall apply.
(h)
Required open space. There shall be provided not less than 200 square feet of usable open space for each efficiency unit; 300 square feet of usable open space for each one-bedroom unit; 350 square feet of usable open space for each two-bedroom unit; and 400 square feet of usable open space for each unit containing three or more bedrooms therein. For any development containing 15 or more units, such usable open space shall be devoted to improved and landscaped play and sitting areas for the use of the residents thereof. The design, layout and equipment of such usable open space areas shall be subject to the approval of the Planning Board.
(i)
All residential units shall be accessible by an operational elevator(s) appropriately sized to serve the number of units proposed.
(k)
Adjustment of parking requirements for mixed-use buildings. One required residential parking space may be eliminated for each 1,500 square feet of retail space proposed, and one required residential parking space may be eliminated for each 750 square feet of office space proposed.
(l)
The City of Glen Cove finds that safe and attractive environs are critical to the ongoing viability of Glen Cove's B-1 Zoning District and that residential use of the B-1 is only compatible with the commercial environment if kept in a safe and well-maintained state. To ensure the ongoing safety of residents and visitors to the downtown and City's commercial areas and to ensure a well-maintained exterior appearance, any residential structure or contiguous structures in common ownership that contain more than six units shall be supervised by a superintendent. Structures with units whose residents are members of a common condominium or homeowners association shall be deemed to be in common ownership for purposes of this provision. Guarantees shall be provided to the Planning Board that the superintendent will be given adequate authority and resources to properly maintain the structure and grounds, and that the superintendent will be authorized to act on behalf of the owner in fulfilling the requirements of the City of Glen Cove.
(14)
Senior citizen congregate housing, provided that the following conditions are satisfied:
(a)
Minimum parcel size shall be 40,000 square feet.
(b)
Units shall be limited to efficiency and two-room suites. Food storage and service areas may be permitted, but no cooking facilities shall be permitted except for microwaves.
(c)
Units shall be occupied by persons at least 65 years of age, except that up to 10% of the total number of occupants may be less than 65 years of age, but not less than 55 years of age.
(d)
In any single development, not more than 20% of the units shall be occupied by two persons; no unit may be occupied by more than two persons.
(e)
Construction shall meet handicapped standards of the New York State Uniform Fire Prevention and Building Codes, i.e., doorways and corridors shall be designed to accommodate wheelchairs, bathroom grab bars shall be included, built-in furniture shall be designed to accommodate handicapped persons, entrances and elevators shall be handicapped accessible, etc.
[Amended 8-24-2010]
(f)
Structure(s) shall include facilities for common eating.
(g)
Facility shall include community room for meeting and recreation purposes.
(h)
The development may include other facilities such as offices for medical, diagnostic or emergency services, counseling and similar functions, store for sale of convenience goods, medical supplies and products made by residents.
(i)
No senior citizen congregate housing facility is permitted in any structure fronting on School Street between Highland Road and Glen Street or on Glen Street between School Street and Cove Street.
[Amended 8-24-2010]
(j)
Off-street access shall be provided for emergencies and deliveries; a loading zone shall be designated.
[Added 8-24-2010[6]]
[6]
Editor's Note: This ordinance also repealed former Subsection G(11)(j), regarding height limitations of structures, former Subsection G(11)(k), regarding minimum coverage of structures, and former Subsection G(11)(l), regarding interior side yard regulations.
(k)
Required open space. There shall be provided in each congregate housing development not less than 100 square feet of usable open space for each residential unit; the design, layout, landscaping and furnishing of such usable open space areas shall be subject to the approval of the Planning Board.
[Added 8-24-2010]
H.
Parking and loading.
(1)
Off-street parking requirements.
Use | Required Spaces | |
|---|---|---|
Retail business | 1 for each 250 square feet of gross floor area | |
Service business | 1 for each 200 square feet of customer service area | |
Banking office | 3 for each person employed therein as a teller | |
Restaurant | 1 for each 3 seats plus 1 for each 2 persons employed therein | |
Professional or business | 1 for each 200 square feet | |
office not for a doctor or dentist | exclusive of bulk storage and utility areas or 1 employee, whichever is greater | |
Office of doctor or dentist | 1 for each 150 square feet of office space, or 4 for each doctor or dentist, plus 1 per employee, whichever is greater | |
Theater or other place of public assembly | 1 for each 4 seats | |
Membership clubs and fraternal lodges | 1 for each 2 employees, plus 1 for each 300 square feet of floor area or each 5 seats within the dining room or the principal meeting room, whichever is most appropriate to the customary use thereof | |
Bowling alley | 4 per alley | |
Hotel or motel | 1 for each guest room plus 1 for each 2 employees | |
Colleges, universities, etc. | 1 space for each staff member plus .75 space for each student, plus 1 space for each 5 seats in the largest assembly hall | |
Multiple residences and townhouses | 2 for each 1-or-more bedroom unit; 1 for each efficiency unit | |
Senior citizen congregate housing | 1 per two 2 dwelling units | |
Uses not listed | 1 per 250 square feet or as determined by the Planning Board to be needed. See also Note B below. | |
Fast food or take-out restaurants | 1 per 2 seats or 1 for each 40 feet of customer service areas, whichever is greater |
NOTES: | ||
|---|---|---|
A. | All or portions of the off-street parking requirement may be waived by the Planning Board, provided that: | |
(1) | The proposed use is within 300 feet of a municipally operated off-street parking facility. | |
(2) | The Planning Board shall, at the time of its approval of a site development plan, certify on such plan that the municipally operated off-street parking facility has adequate capacity for storage of passenger vehicles generated by activities proposed to be conducted on the subject lot in addition to those generated by any other lots already serviced by such off-street parking facility. In determining the existence of such adequate capacity, the Planning Board shall consider the need for preventing frequent parking on the street by persons visiting or connected with each use which is proposed to be served by such off-street municipal parking facility. | |
B. | Where two or more uses are on the same lot, the total amount of parking spaces to be provided shall be the sum of the requirements, if any, for each individual use on the lot; the Planning Board may vary this requirement if the Board finds that the variation in the probable time of maximum use by employees and/or patrons of such establishments is such as to permit a variation; however, once one or more of the uses terminates, the property owner shall be responsible for assuring adequate parking in conformance with the standards set herein. | |
C. | The Planning Board may also approve the joint use of a parking lot for uses of contiguous parcels as long as the Board is satisfied that the total number of spaces is adequate as computed above. | |
(2)
Off-street loading requirements.
I.
Other provisions and requirements.
(1)
Whenever an off-street parking area of three or more spaces faces a street, a planting area with a minimum width of three feet shall be provided between the parking area and the sidewalk. The planting plan for this strip shall be approved by the Planning Board as part of the site plan review. Plantings shall be a minimum of three feet high, planted three feet on center.
(2)
Where a permitted use or special permit use in this District is proposed to be located adjacent to a residential district, a side yard shall be provided consistent with the requirement of said residential district. Likewise, no accessory structure shall be permitted in a side yard or within 10 feet of a rear property line where a use is adjacent to a residential district. A planting screen at least four feet wide, eight feet high, adequate to block the view of the nonresidential use shall be required.