[Effective 7-29-2012]
A.
Background.
(1)
The Hempstead Turnpike commercial area in the Elmont portion of the
Town of Hempstead extends from the Cross Island Parkway on the west
to Lucille/Barrymore Avenues on the east. Along this approximately
four-mile corridor, the pattern of development is varied and appears
haphazard. Among other existing uses, it includes suburban-style shopping
centers, with large expanses of parking in the front of retail stores,
and a variety of auto-related uses, including gas stations and food
establishments with small parking lots along the road frontage and
with little, if any, buffering for residential properties behind the
commercial uses. Additionally, there are areas along Hempstead Turnpike
where commercial uses are tightly concentrated, with structures built
up to the right-of-way line in a traditional downtown setting. In
some areas, municipal parking is provided to serve these businesses.
Belmont Park and some of its major parking fields are located at the
western end of the corridor.
(2)
Although all of the commercial uses have been zoned within one zoning
district (X Business), the disparate land use pattern results in an
uncoordinated image for the commercial corridor, without any consistency
in development or overall aesthetic treatment.
(3)
In 2008, the Town of Hempstead and the Elmont community completed
the "Elmont Community Vision Plan" (the "Vision Plan"), a comprehensive
vision for the Hempstead Turnpike corridor. Among the Vision Plan's
recommendations was the development of contemporary zoning regulations
for Hempstead Turnpike, including design guidelines and updated lot
and bulk controls that would coordinate and guide future development,
while recognizing the differing land use areas in the corridor.
B.
Purposes and legislative intent.
(1)
In response to the recommendation put forth in the Vision Plan, the
Town of Hempstead herein enacts a new article of the Town of Hempstead
Building Zone Ordinance, which will create a new overlay district
to be known as the "Hempstead Turnpike - Elmont District (HT-E)."
The primary purpose of the HT-E District is to implement the planning
and design recommendations of the Vision Plan and to encourage a variety
of land uses that are appropriate for various areas within the HT-E
District.
(2)
The HT-E District regulations are designed to build upon the strengths
of the Elmont area, including the presence of Belmont Park and a diverse
residential community that is within walking distance of many of the
corridor's commercial establishments. The HT-E District regulations,
as an overlay district, have been designed to minimize nonconformity
with properties previously zoned X Business, since the HT-E District
primarily focuses on new development and expansions of existing buildings
that increase floor areas by greater than 10%.
This article shall be known and cited as the "Hempstead Turnpike
- Elmont District (HT-E) Article."
In addition to the definitions of this Building Zone Ordinance,
the following special definitions are applicable to this article.
In the event of conflict, the following definitions shall be controlling:
A restaurant other than a diner, lunch wagon, drive-in restaurant,
drive-in luncheonette, drive-in counte r, or drive-in refreshment
stand, which sells prepared food over a counter and is characterized
by a large carryout clientele, long hours of service, and high turnover
rates for eat-in customers.
A commercial use on the first or ground floor with residential
use above.
Buildings and structures of the Town of Hempstead, Nassau
County, State of New York, or other governmental agency.
A retail facility that sells prescription and nonprescription
medication. These facilities may also sell cosmetics, toiletries,
medications, stationery, personal-care products, limited food products,
and general merchandise.
A.
Site approval. No permit shall be issued for any building requiring
a permit under this Building Zone Ordinance in any district created
under this article unless compliance shall be had with § 305
of this Building Zone Ordinance, as applicable.
B.
Subdivision map. No permit shall be issued for any building requiring
a building permit unless the site is shown on a subdivision map approved
by the Nassau County Planning Commission and filed in the Nassau County
Clerk's office.
C.
Excavations. No excavation for purposes other than the construction
of a driveway, a walk, a permitted wall or a building, or part thereof
or accessory thereto, or to remove topsoil from one part of the lands
of an owner to another part of the same premises when such removal
is necessary as an accessory use or is for the purpose of farming
or improving said property, shall be made unless approved by the Board
of Appeals.
D.
Sewage disposal. No use shall be permitted unless provided with municipal
sewage disposal facilities or unless an independent sewage disposal
system has received prior approval by the Nassau County Department
of Health.
E.
Interpretation; conflicts with other provisions.
(1)
In interpreting and applying the provisions of this article, the
rules of interpretation applicable to remedial legislation shall be
used so that the spirit and intent of this article shall be observed.
(2)
In the event of a conflict between the provisions of this article
and other provisions of this Building Zone Ordinance, the provisions
of this article shall control.
F.
Severability. If any clause, sentence, section, paragraph or provisions
of this article shall be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder of this article but shall be confined in its operation
to the clause, sentence, section, paragraph or provision directly
involved in the controversy in which such judgment shall have been
recorded.
In an HT-E District the following regulations shall apply:
A.
The area along Hempstead Turnpike designated HT-E is largely developed.
As a result, the HT-E District has been designed as an overlay district,
with its regulations applicable to new development, redevelopment,
and building expansions which result in a ten-percent or greater increase
in the building's floor area. For existing uses and expansions smaller
than 10%, current X Business District regulations shall still apply.
However, the Hempstead Turnpike - Elmont Design Guidelines shall apply
to all development in the HT-E District, including existing development
and expansions smaller than 10%, particularly where existing buildings
are rehabilitated.
B.
There shall be a Design Review Board for purposes of applying the
Hempstead Turnpike - Elmont Design Guidelines, which shall be governed
as follows:
(1)
The Design Review Board shall consist of three employees of the Department
of Buildings, appointed by the Town Board. Approval by the Design
Review Board shall be necessary prior to the issuance of a sign permit
or a building permit for new construction, additions to existing buildings
and exterior alterations to existing buildings for properties located
in the HT-E District.
(2)
Such Design Review Board shall review applications for approval upon
written submission from the applicant, unless the Board determines
a meeting with the applicant and/or its representatives is additionally
necessary. The Design Review Board shall, consistent with the Town
Law, determine its own rules and procedures not inconsistent with
this article.
(3)
The Design Review Board shall have the powers granted by the Town
Law and the power to approve, disapprove, or grant with conditions
applications for Design Review Board approval for properties within
the HT-E District. The Design Review Board shall render a written
determination within 30 days of the filing of a completed application,
with findings of fact.
(5)
Any applicant aggrieved by the decision of the Design Review Board
may appeal same to the Board of Appeals.
C.
For purposes of this article, the HT-E District shall be divided
into four subdistricts as indicated on the Zoning Map described in
§ 414 of this article and described below:
(1)
Hempstead Turnpike - Elmont, Shopping Center (HT-E, SC), which includes
the strip shopping area to the east of Elmont Road and School Street
on the north side of Hempstead Turnpike, as well as the strip shopping
area to the west of Butler Boulevard on the south side of Hempstead
Turnpike.
(2)
Hempstead Turnpike - Elmont, Neighborhood Center (HT-E, NC) which
includes the area near the intersection of Hempstead Turnpike and
Elmont Road/Plainfield Avenue.
(3)
Hempstead Turnpike - Elmont, Gateway (HT-E, G), which encompasses
the large Belmont Park parking lot located on the south side of Hempstead
Turnpike adjacent to the Cross Island Parkway.
D.
Note that Belmont Park, which is owned by the State of New York and
which includes both the racetrack and associated parking fields, is
currently zoned B Residence and shall remain zoned as such until the
Town of Hempstead acquires zoning jurisdiction. Should such property
be subject to the zoning jurisdiction of the Town of Hempstead, consideration
shall be given to creating a new Gateway Zone that generates economic
development through jobs and property tax revenue and considers the
area's preference for the property, as set forth in the Vision Plan.
Such a zone could permit a mixture of uses, including, but not limited
to, hotel, entertainment, related commercial, and any uses ancillary
to the racing uses at Belmont Park.
B.
Legislative purpose. The Shopping Center Subdistrict is conceived
and enacted to allow larger-scale, suburban-style shopping centers
in select locations along Hempstead Turnpike in Elmont. Such shopping
centers typically contain large stores that serve a regional population
rather than just a local population and, therefore, require a greater
amount of parking. The Shopping Center Subdistrict recognizes these
requirements, while being sensitive to the character of the rest of
Hempstead Turnpike in Elmont and the surrounding residential neighborhoods.
C.
Uses. A building or structure may be erected, altered, or used and
a lot or premises may be used for any of the following purposes, and
for no other:
(2)
Special permit uses. The following special uses, when approved by
the Board of Zoning Appeals or the Town Board, as applicable, are
permitted:
(a)
Public garage, as may be granted by the Town Board.
(b)
Parking fields, either public or private, for the parking of
passenger vehicles only, but not for display or sale of automobiles.
(c)
Amusement-ride facilities on a temporary basis not to exceed
10 days' duration.
(d)
Parking of automobiles in the minimum area required for the
front yard setback.
(e)
Religious uses; private educational uses.
(f)
Dry cleaning and laundry.
(3)
Accessory uses. Uses customarily incidental to permitted and special
permit uses, including off-street parking, shall be permitted in the
Shopping Center Subdistrict.
D.
Height. No building shall be greater in height than two stories and
shall not exceed a maximum height of 30 feet.
E.
Building coverage. The building area for new buildings or expanded
buildings in the Shopping Center Subdistrict shall not exceed 25%
of the lot area.
F.
Floor area ratio (FAR). The maximum FAR for new buildings in the
Shopping Center Subdistrict shall be 0.25.
G.
Yard setbacks.
(1)
Front yards.
(a)
For buildings in the Shopping Center Subdistrict, there shall
be a front yard, the depth of which shall be at least 20 feet back
from the front property line.
(b)
Notwithstanding the foregoing, a roof, mansard, awning, or similar
projection not exceeding 24 inches into the required front yard setback
shall be a permitted encroachment.
(2)
Rear yards. For buildings or uses in the Shopping Center Subdistrict,
there shall be a rear yard of at least 50 feet.
(3)
Side yards. Where a Shopping Center Subdistrict abuts any residential
district, there shall be a side yard of at least 25 feet along the
residentially zoned area. There shall be no side yard required where
a Shopping Center Subdistrict abuts any other district.
H.
Accessory parking. Accessory off-street automobile parking spaces
shall be provided on the same lot or premises or off the premises
within 300 feet of such premises. The number of accessory parking
spaces required shall be determined by the type of each included use
and shall be calculated in compliance with § 319 of this
ordinance. Each parking space shall comply with all requirements of
§ 319D of this ordinance.
I.
Building orientation. For freestanding buildings within the Shopping
Center Subdistrict, especially those with drive-in facilities, the
buildings shall be located closer to Hempstead Turnpike and shall
locate automobile-related activities to the side or rear of the building
in order to allow for maximum fenestration along Hempstead Turnpike
and minimum conflicts with the movement of pedestrians through fewer
curb cuts.
B.
Legislative purpose. The Neighborhood Center Subdistrict is conceived
and enacted to promote a downtown setting at designated areas such
as "Community Corners," the intersection of Hempstead Turnpike and
Elmont Road/Plainfield Avenue. The mix of uses, including some larger
and some smaller shops and offices, at that location follow a denser
pattern that is geared towards the pedestrian and/or transit riders
rather than the automobile and represent the center of the Elmont
community and its various residential neighborhoods.
C.
Uses. A building or structure may be erected, altered, or used and
a lot or premises may be used for any of the following purposes, and
for no other.
(2)
Special permit uses. The following special uses, when approved by
the Board of Zoning Appeals or the Town Board, as applicable, are
permitted:
(3)
Accessory uses. Uses customarily incidental to permitted and special
permit uses, including off-street parking, shall be permitted in the
Neighborhood Center Subdistrict.
D.
Height. No building shall be greater in height than two stories or
a maximum of 30 feet, except that a maximum of four stories in height
or a maximum of 60 feet shall be permitted, provided that the Town
Board finds, upon application or as part of the site plan approval
process, that the height of the building would not adversely affect
adjacent residential uses.
E.
Building coverage. The building area for new buildings or expanded
buildings in the Neighborhood Center Subdistrict shall not exceed
90% of the lot area.
F.
Floor area ratio (FAR). The maximum FAR for new buildings in the
Neighborhood Center Subdistrict shall be 3.0.
G.
Population density. For mixed-use buildings, each residential unit
shall be of no less than 800 square feet in floor area, and there
shall be no more than three units per story.
H.
Yard setbacks.
(1)
Front yards.
(a)
To the greatest extent possible, a building should be situated
as close to the property line as possible. Regardless, no front yard
shall be greater than 20 feet.
(b)
Notwithstanding the foregoing, a roof, mansard, awning, or similar
projection not exceeding 24 inches into the required front yard setback
shall be a permitted encroachment.
(2)
Rear yards. For uses in the Neighborhood Center Subdistrict, there
shall be a rear yard of at least 10 feet, provided that if a building
is used in whole or in part as a dwelling, there shall be a rear yard
the depth of which shall be at least 15 feet. The depth shall be increased
five feet for each 12 feet or portion thereof by which the building
exceeds 40 feet in height.
(3)
Side yards. Where a Neighborhood Center Subdistrict abuts any residential
district, there shall be a side yard of at least 25 feet along the
residentially zoned area. There shall be no side yard required where
a Neighborhood Center Subdistrict abuts any other district.
I.
Accessory parking. Accessory off-street automobile parking spaces
shall be provided on the same lot or premises or off the premises
within 500 feet of such premises. Said parking may be public parking
facilities owned and operated by the Town of Hempstead. The number
of accessory parking spaces required shall be determined by the type
of each included use and shall be calculated in compliance with § 319
of this ordinance, except that shared parking may be permitted where
more than one type of use utilizes parking spaces at different times
of the day, including restaurant and office uses, as well as supermarkets
and commuter parking. Such a determination shall be made by the Town
Board as part of site plan approval. Notwithstanding any shared parking,
each parking space shall comply with all requirements of § 319D
of this ordinance.
(Reserved for future use.)
B.
Legislative purpose. The Highway Business Subdistrict is conceived
and enacted to enhance the strip commercial development that characterizes
the majority of the Hempstead Turnpike corridor. These uses tend to
be automobile-oriented, including fast-food restaurants and automobile-related
uses, but often do not contain ample on-site parking and rely on curbside
parking along Hempstead Turnpike or side streets. The small size of
typical lots, their adjacency right up against residential neighborhoods,
and the automobile-oriented nature of the uses can adversely impact
upon quality of life in the nearby residential areas. The Highway
Business Subdistrict, therefore, seeks to maintain viable and successful
businesses along Hempstead Turnpike, while being sensitive to the
surrounding residential neighborhoods.
C.
Uses. A building or structure may be erected, altered, or used and
a lot or premises may be used for any of the following purposes, and
for no other:
(1)
Permitted uses:
(a)
Retail trade and personal service.
(b)
Professional office.
(c)
Bank and financial institution.
(d)
Restaurant, excluding drive-in.
(e)
Recreational use, public and private.
(f)
Carpenter, hand cabinetmaking, furniture repair and upholstery
shop, electrical shop, hand metalworking, blacksmith, tinsmith, new
and unused plumbing, pet shop, gas, and steam and hot-water fitting
shop.
(g)
Hand laundry, custom tailoring, hand dressmaking, shoemaking,
and repairing.
(h)
Undertaking and embalming.
(i)
Music school and dancing school.
(j)
Municipal building and facility.
(k)
Club, fraternity house, and lodge.
(2)
Special permit uses. The following special uses, when approved by
the Board of Appeals or the Town Board pursuant to § 272 of the
Building Zone Ordinance of the Town of Hempstead, are permitted:
[Effective 5-29-2014]
(a)
Storage warehouses; express depots or yards; merchandise receiving
or distributing depots or yards; storage of motor vehicles, boats,
contractors' equipment, motor trucks or buses when not accessory to
premises used primarily for the sale thereof; yards for storage or
sale of coal or building materials.
(b)
Newspaper or job printing or bookbinding.
(c)
Places of amusement or public assembly. However, the grant of any
cabaret use by the Board of Zoning Appeals shall be limited to the
specific cabaret use applied for and approved by the Board of Zoning
Appeals and no other cabaret use. This section shall apply to any
cabaret use hereafter or previously granted by the Board of Zoning
Appeals. For purposes of this section, the term "cabaret" shall be
the same as defined in Chapter 96 of the Code of the Town of Hempstead.
(d)
Stores or salesrooms or open lots for the display or sale of used
automobiles, whether or not maintained in connection with the sale
or display of new automobiles.
(e)
Storage, sale or distribution of ice, coal, new or used lumber, used
plumbing material or fittings, used household equipment or materials,
used automotive parts, equipment or supplies, and live poultry.
(f)
Bowling alleys.
(g)
Stores or shops for the sale of food, refreshments or other edibles
or drink, which provide or make available any facility (including
but not limited to parking or standing space on the premises for vehicles)
for or permits the consumption of such food, refreshments or other
edibles or drink on the premises outside the building or structure
occupied by such store.
(h)
Hotels and motels.
(i)
Machine-operated laundry or dry-cleaning establishments, whether
the machinery is operated or controlled by personnel of the establishment
or by customers thereof.
(j)
Day camps.
(k)
Diners, lunchwagons, drive-in restaurants, drive-in luncheonettes;
drive-in lunch counters or drive-in refreshment stands.
(l)
Any use of the same general character as any of the uses expressly
permitted in the Hempstead Turnpike — Elmont, Highway Business
Subdistrict.
(m)
Accessory uses on the same lot with and customarily incidental to
any use expressly permitted in the Hempstead Turnpike — Elmont,
Highway Business Subdistrict.
(3)
Accessory
uses. (Reserved)
[Effective 5-29-2014]
D.
Height. No building shall be greater in height than two stories and
shall not exceed a maximum height of 30 feet, except that on lots
that contain two or more acres and have a lot depth in excess of 100
feet, no building shall exceed four stories in height or a maximum
of 60 feet, provided that the Town Board finds, as part of the site
plan approval process, that the height of the building would not adversely
affect adjacent residential uses.
E.
Building coverage. The building area for new buildings or expanded
buildings in the Highway Business Subdistrict shall not exceed 40%
of the lot area.
F.
Floor area ratio (FAR). The maximum FAR for new buildings in the
Highway Business Subdistrict shall be 0.4.
G.
Yard setbacks.
(1)
Front yards.
(a)
Except as otherwise provided in Subsection G(1)(d) of this section, the required front yard depth shall be the same as the average front yard depth of the existing buildings within 200 feet on each side of the lot and within the same use district or, if there are less than two existing buildings on the same side of the street, the average front yard depth of existing buildings within 200 feet on each side directly opposite the lot in the same use district. In any case, no front yard shall be required to have a depth greater than 20 feet.
(b)
Except as otherwise provided in Subsection G(1)(d) of this section, in the case of a corner lot a front yard shall be required on each street, and notwithstanding the foregoing, each such front yard shall be not less than 10 feet.
(d)
Notwithstanding the foregoing, a roof, mansard, awning, or similar
projection not exceeding 24 inches into the required front yard setback
shall be a permitted encroachment.
(2)
Rear yards. For uses in the Highway Business Subdistrict, there shall
be a rear yard of at least 10 feet, provided that if a building is
used in whole or in part as a dwelling, there shall be a rear yard
the depth of which shall be at least 15 feet. The depth shall be increased
five feet for each 12 feet or portion thereof by which the building
exceeds 40 feet in height.
(3)
Side yards. Where a Highway Business Subdistrict abuts any residential
district, there shall be a side yard of at least 25 feet along the
residentially zoned area. There shall be no side yard required where
a Highway Business Subdistrict abuts any other district.
H.
Accessory parking. Accessory off-street automobile parking spaces
shall be provided on the same lot or premises or off the premises
within 300 feet of such premises. The number of accessory parking
spaces required shall be determined by the type of each included use
and shall be calculated in compliance with § 319 of this
ordinance. Each parking space shall comply with all requirements of
§ 319D of this ordinance.
In furtherance of the implementation of this article, and to
specifically identify the particular areas within Elmont placed into
the overlay HT-E District and four subdistricts established herein,
a particular zoning map dated December 26, 2011, and revised February
1, 2012, prepared by Carman-Dunne, P.C., and entitled "Hempstead Turnpike
- Elmont Rezoning Map," has been filed in the office of the Town Clerk,
and in all other places required by law or otherwise for the filing
of zoning maps of the Town. This map is incorporated herein by reference.
It identifies the areas in the overlay HT-E District and subdistricts,
and upon the effective date of this article, it shall apply in those
areas to the extent provided in this article or otherwise at law.
