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:
FAST-FOOD RESTAURANT
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.
MIXED USE
A commercial use on the first or ground floor with residential
use above.
PHARMACY/DRUGSTORE
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.
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.
(4) In reviewing applications, the Design Review Board shall substantially
follow the criteria of the Hempstead Turnpike - Elmont Design Review
Guidelines contained as an appendix to the Building Zone Ordinance.
(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.
(4) Hempstead Turnpike - Elmont, Highway Business (HT-E, HB), which encompass areas not included in Subsection
C(1),
(2), and
(3) above.
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.
(Reserved for future use.)
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.