[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.
[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.
I. 
Restaurants, provided that the site has direct waterfront access for boats, subject to regulations under §§ 70-148.5 and 70-148.7.
J. 
Parks, playgrounds and water-based recreational uses.
K. 
Offices, financial institution.
L. 
Retail stores, except those listed in § 70-126B and F and stores of a type known as "big-box commercial use," as defined in § 70-140B.
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.
R. 
Accessory uses on the same lot with and customarily incidental to any of the above permitted uses, except for accessory drive-through facilities, which shall be subject to the provisions of § 70-203T, and for below-grade parking structures, which shall be subject to the provisions of § 70-203U.
[Amended 10-21-2014 by L.L. No. 18-2014; 10-22-2020 by L.L. No. 15-2020; 2-11-2025 by L.L. No. 3-2025]
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.
A. 
Hotel or boatel, as defined in Article XXV of this chapter.
B. 
Mixed-use building(s) or mixed-use development consisting of residential and at least one of the uses permitted under § 70-148.3 or special uses under § 70-148.5A through D. The provisions of § 70-210 shall not apply to this article.
C. 
Restaurants not having direct waterfront access and subject to the regulations prescribed under§ 70-148.7.
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.
E. 
Below-grade parking structures which are accessory to special uses under § 70-148.5A through D shall be permitted subject to the provisions of § 70-203U, except for the provisions of § 70-203U(3)(c), which shall not apply to below-grade parking structures in the Waterfront Business District. For the purposes of this article, "below-grade parking structure" shall be defined as having a final paved surface located at least 24 inches below the finished grade of the ground adjoining the building.
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]
Any restaurant, as identified in § 70-148.3I or § 70-148.5C, shall conform to the following:
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.
B. 
Floodplain management. Any construction within a federally designated flood zone or special flood hazard area shall be subject to the requirements of Chapter 21 of the Town Code and any applicable regulations promulgated by the Federal Emergency Management Agency and the State of New York.
[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.
[Amended 10-22-2020 by L.L. No. 15-2020; 2-11-2025 by L.L. No. 3-2025]
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.
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.
D. 
At least 20% of the dwelling units in any building or site shall be designated for housing for persons 55 years of age or older in accordance with the Federal Fair Housing Act and the Housing for Older Persons Act.[1]
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq.
E. 
The maximum allowable density for hotel or boatel rooms shall be 30 rooms per acre.
[Amended 10-22-2020 by L.L. No. 15-2020; 2-11-2025 by L.L. No. 3-2025]
A. 
No building shall exceed two stories, with a maximum height of 30 feet as measured from the average level of the preexisting grade along the property line abutting the primary street frontage to the highest point of the roof.
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.
[Amended 10-22-2020 by L.L. No. 15-2020]
A. 
No front yard is required for single-story buildings not exceeding 20 feet in height.
B. 
A front yard of at least 10 feet is required for all buildings exceeding one story or 20 feet in height.
[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.
[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.