[Added 6-23-2009 by L.L. No. 11-2009]
[Amended 10-22-2020 by L.L. No. 15-2020]
A.
The
Waterfront Business District is hereby established to promote, enhance
and encourage water-dependent uses, promote environmental sustainability,
hazard mitigation and resiliency and increase opportunities for public
access along the Town's commercial waterfront.
B.
The
Town recognizes that the preservation, enhancement and utilization
of the natural and man-made resources along the waterfront should
take place in a coordinated and comprehensive manner to insure the
proper balance between those natural resources and the need to accommodate
population growth and economic development.
The provisions of this article shall apply to a Waterfront Business
District.
[Amended 10-22-2020 by L.L. No. 15-2020]
A building or structure may be erected, altered or used and
a lot or premises may be used for any of the purposes set forth in
this article and for no other:
A.
The sale and display of new or used boats and marine supplies, marine
engines, parts, marine electronic equipment, fishing supplies, marine
fuel and oils, and sporting equipment for use with or in conjunction
with boats or other personal watercraft.
B.
The storage and dockage of boats both in and out of water.
C.
Public or private marinas.
D.
Assembly of marine-related equipment and incidental light manufacturing.
E.
The manufacture, construction, repair and maintenance of boats in
and out of water and assembly of marine-related equipment and repair
of boat engines and their accessories, provided all such activities
are conducted in enclosed buildings.
F.
The storage of equipment for boats and the fishing industry in open
lots.
G.
Recreational and commercial fishing and boating facilities.
H.
Public or private yacht clubs and beach clubs, including pools, cabanas
and lockers.
J.
Parks, playgrounds and water-based recreational uses.
K.
Offices, financial institution.
M.
Sale or repair of jewelry, watches, clocks or optical goods, musical,
professional or scientific instruments.
N.
Flower shops.
O.
Public art gallery, public museum, municipal park for recreational
use, government or municipal buildings.
P.
Gym, health club, dance studio or other similar place of assembly
or public assembly.
Q.
Retail
grocery, retail food use, delicatessen or other store primarily selling
food items packaged in units of more than one portion for consumption
off the premises having a gross floor area of less than 2,000 square
feet.
[1]
Editor's Note: Former § 70-148.4, Conditional uses,
was repealed 10-22-2020 by L.L. No. 15-2020.
The following special uses may be permitted only when authorized by the Town Board after a public hearing. Prior to authorizing the issuance of a permit for any such special uses, the Town Board shall follow the procedures and make appropriate findings, as set forth in § 70-225B(1) of this chapter and the additional criteria set forth in § 70-148.6.
B.
Mixed-use building(s) consisting of retail, office, hotel/boatel
and/or restaurant space on the lowest floor and residential units
on the upper floors.
[Amended 10-21-2014 by L.L. No. 18-2014; 10-22-2020 by L.L. No. 15-2020]
C.
Restaurants not having direct waterfront access and subject to the regulations prescribed under§ 70-148.7.
[Amended 10-22-2020 by L.L. No. 15-2020]
D.
Retail grocery, retail food use, delicatessen or other store primarily
selling food items packaged in units of more than one portion for
consumption off the premises having a gross floor area of 2,000 square
feet or greater.
[Added 10-22-2020 by L.L. No. 15-2020]
In addition to the criteria set forth in § 70-225B(1) of this chapter, applications for special uses described in § 70-148.5 shall conform to the following additional criteria as determined by the Town Board:
A.
Whether the proposed action will further the goal of establishing,
maintaining, expanding or servicing businesses or facilities that
provide or allow for the growth of water-dependent uses within the
district.
[Amended 10-22-2020 by L.L. No. 15-2020]
B.
Whether the proposed action will create opportunities for increased
public access to the waterfront.
C.
Whether the proposed action will create excessive stormwater runoff
to surface waters.
D.
Whether the proposed use, by reason of excess height or bulk, will
block water views from neighboring properties.
E.
Whether the proposed design will be in harmony with the general architectural
character of the surrounding neighborhood.
[Added 10-22-2020 by L.L. No. 15-2020]
F.
Whether
the proposed design promotes sustainability through the use of elements
such as permeable pavements, stormwater quality controls, photovoltaic
cells and energy-efficient lighting and building systems.
[Added 10-22-2020 by L.L. No. 15-2020]
[Amended 10-22-2020 by L.L. No. 15-2020]
A.
A refrigerated garbage locker shall be required within the building.
There shall be no outdoor storage of putrescible waste generated by
the restaurant at any time. The applicant shall arrange for indoor
carry-out/pick-up with a licensed sanitation collector and shall forward
a copy of the contract to the Building Official prior to the issuance
of a certificate of occupancy.
B.
All exterior doors shall be of solid construction, equipped with
self-closing hardware and shall remain closed at all times except
for ingress and egress.
C.
Grease traps shall be required on sewage disposal systems and are
subject to Nassau County Department of Health standards.
D.
There shall be no outdoor seating, bar, lounge or gathering space
in association with a restaurant above the ground floor of any building.
[Amended 10-22-2020 by L.L. No. 15-2020]
A.
Structures in waterways. Any proposed construction in or adjacent to any waterway or boat operation is subject to requirements outlined in Chapters 42 and 69 of the Town Code, as well as federal and state laws and rules and regulations of any appropriate federal and state agency having jurisdiction thereof.
[Amended 10-22-2020 by L.L. No. 15-2020]
Vehicular parking shall be provided in accordance with the requirements set forth in § 70-103, except as noted herein.
A.
Parking
for all categories of residential buildings or for the residential
portion of a multiple-use building shall be provided at the rate of
at least two spaces per dwelling unit.
B.
In addition
to vehicular parking spaces, racks or lockers shall be provided for
the short-term parking of at least four bicycles plus one additional
bicycle for every 10,000 square feet of gross floor area or portion
thereof.
[Amended 10-22-2020 by L.L. No. 15-2020]
For all new construction, alterations or landscaping changes,
the lot may not be covered more than 60% by any impervious material
or other type of paving.
A.
No building or structure shall be constructed on a lot containing
an area of less than 2,000 square feet.
B.
No building or structure shall be constructed on a lot containing
less than 50 feet of frontage on a public street or thoroughfare.
[Amended 10-22-2020 by L.L. No. 15-2020]
C.
For a multiple-use building or development, the maximum density for
the residential portion shall be 15 dwelling units per acre. In the
case of fractional acreage, the density shall be prorated.
[Amended 10-22-2020 by L.L. No. 15-2020]
D.
At least 40% of the dwelling units in any building or site shall be designated senior citizen housing as defined in Article XXV of this chapter.
[Added 10-22-2020 by L.L. No. 15-2020]
E.
No
more than 20% of the total number of dwelling units in a building
or site may consist of two or more bedrooms.
[Added 10-22-2020 by L.L. No. 15-2020]
F.
The
maximum allowable density for hotel or boatel rooms shall be 30 rooms
per acre.
[Added 10-22-2020 by L.L. No. 15-2020]
[Amended 10-22-2020 by L.L. No. 15-2020]
A.
No building shall exceed two stories, with a maximum height of 30
feet.
B.
Minor structural and/or architectural elements may extend a maximum
of 10 feet above the allowable roof height, provided they comprise
no more than 10% of the total roof area and are set back a minimum
of 10 feet from the front building wall and five feet from all other
building walls.
[Added 10-22-2020 by L.L. No. 15-2020]
Buildings and structures may occupy up to 60% of the lot area.
[Amended 10-22-2020 by L.L. No. 15-2020]
[Amended 10-22-2020 by L.L. No. 15-2020]
No building or structure shall be constructed with less than
two side yards, each having a minimum width of 15 feet between the
respective side of the building and the side property line of the
lot. In no case shall a building wall be less than 30 feet from any
dwelling unit on an adjoining property.
[Amended 10-22-2020 by L.L. No. 15-2020]
A rear yard setback of at least 25 feet shall be required where
the rear yard of the lot abuts a waterway. Lots with rear yards abutting
a land parcel shall have a minimum setback of 20 feet.
Fences shall not exceed six feet in height.
[Amended 10-22-2020 by L.L. No. 15-2020]
A.
Water
flow from pavement, roofs and other impervious areas must be controlled
to alleviate excessive runoff into surface waters.
B.
The
on-site stormwater management system shall have sufficient capacity
to store, dispose, and/or recycle a five-inch rainfall.
C.
All
catch basins or other catch basin structures must be fitted with sediment
control inserts or equivalent technology.
D.
To
the greatest extent practicable, stormwater shall be controlled through
the use vegetated roofs, swales, rain gardens, bioretention cells,
or with the expansion of stormwater infiltration infrastructure, upgradient
from the site and within the watershed.
All proposed buildings must be connected to a municipal sewer
system.
