[Added 6-27-2012 by L.L. No. 2-2012]
In a Maritime Business District, the following regulations shall
apply.
A.
Purposes. The inclusion of a Maritime Business District is part of
a comprehensive plan to recognize and highlight the unique character
of the Village of Port Washington North, which is created in substantial
part to its proximity to Manhasset Bay. In creating a Maritime Business
District, the following development policy for the Village of Port
Washington North was taken into account and the following considerations
were given:
(1)
The Long Island Costal Management Program (hereinafter LICMP)
identifies Manorhaven-Port Washington area inclusive of the Village
of Port Washington North as one of 10 designated maritime centers
along Long Island Sound. The designation comes as a result of the
location to Manhasset Bay, a sheltered bay on the sound.
(2)
The LISCP includes an identification of maritime centers to
better protect existing water-dependent uses, to foster development
of new water-dependent uses in appropriate locations where growth
opportunities exist.
(3)
The Maritime Business District is a center for waterborne commerce,
recreation, or other water-dependent business activity making it an
important component to the Village of Port Washington North Comprehensive
Plan.
(4)
The physical situation of the Village and the suitability of
the land of the Village combined with the close proximity of the business
districts where commercial uses can be located that complement and
support commercial water-dependent and marine-dependent uses, but
which cannot be accommodated at a waterfront location, such as Baywalk
Park parcel, in the Village, due to the unique characteristics and
public ownership of said properties.
(5)
After more than a year of intense study, the Village of Port
Washington North Planning Board through its consultant H2M issued
its Land Use Report. The report recommended that the creation of a
Maritime Business District which would favor water-dependent and water-enhanced
uses. The creation of this district would support the goals of the
Village and at the same time be consistent with the findings of the
LISCP. It is acknowledged that any rezoning has implications for land
uses which presently occupy land within this new zone. To address
this concern, the rezoning allows preexisting uses to continue.
(6)
It is also acknowledged that this rezone is part of a comprehensive
plan that takes into consideration future action by the Village Board
to enhance and support the unique character of the Village and the
proximity to Manhasset Bay. The study also acknowledges all of the
recent actions taken by the Village to enhance the waterfront such
as Baywalk Park.
B.
Uses permitted. In the Maritime Business District, lands shall be
used and buildings shall be erected, altered or used and a lot or
premises may be used only for the following purposes as set forth
in this section and for no other purposes:
(1)
Business offices which handle matters principally related to
maritime services, including storage, purchasing, leasing and sales
of maritime services and related marine equipment, including maritime
business-related products.
(2)
Yacht and boating clubs.
(3)
Recreational boat sales, boating equipment, and boating provisions.
(4)
Art studio gallery that is principally related to the water
and its use.
(5)
Retail sales selling marine-related items.
(6)
Parkland.
(7)
Instructional facilities for maritime-related activities.
(8)
Museums and visitors center.
(9)
Village government and Village municipal purposes, including,
but not limited to, Village Halls, Village clubs, Village parks.
(10)
Maritime offices.
(11)
All other uses which, in the opinion of the Board of Trustees
after public hearing, are materially similar to the uses listed above
and are of the same character as those specifically permitted herein
in accordance with the following procedure:
(a)
An application under the subsection shall be filed with the
Village Clerk; such application must be in writing and submitted in
triplicate, verified by the applicants which shall contain the following:
[2]
Unequivocal and detailed statement of the use requested
to be made of the property if the application is granted;
[3]
Present zoning of property;
[4]
Statement of character and how the applicant's
business would conform to the Maritime Business District; and
[5]
Statement of reasons or facts justifying the relief
sought.
(b)
The Board of Trustees, in considering such application and after
a public hearing, may issue permits for such other uses for a limited
time period or otherwise, subject to such conditions and safeguards
as shall be deemed appropriate when in its opinion it shall find that
such proposed use and improvement will conform to the general character
of the Maritime Business District in which the property is located
and in accordance with the Comprehensive Plan of the Village.
No use shall be established, expanded, maintained or conducted in the Maritime Business District unless the same shall comply with all of the performance standards set forth in the Economic Development B District in § 176-106C through O. The purpose of these performance standards is consistent with the promotion of the public health safety morals and general welfare of the Village.
No building area shall be constructed or altered that shall
exceed two stories or 25 feet in height.
The building area shall not exceed 40% of the lot area.
There shall be a front yard, the depth of which shall not be
less than 50 feet.
There shall be two side yards one on each side of the building
the aggregate width of which shall be at least 30 feet, except, in
the case of a corner lot where one of the corners borders on a county
road, the side yard nearest said county road shall be at least 50
feet wide.
There shall be a rear yard, the depth of which shall not be
less than 25 feet.
Within the limits of the lot, parking areas shall be provided in accordance with the formula as set forth in § 176-117, Economic Development Zone B parking lot requirements.
The area of the lot or plot not occupied by buildings, parking areas, vehicular access, sidewalks and landscape screening shall be well maintained, and any areas which are not used for structures, paved parking areas or streets shall be planted with a well-maintained lawn of permanent grasses plus landscape planting designed in accordance with Chapter 137 of the Zoning Code, Site Plan Review, and by the discretion of the Village Board of Trustees. A general plan showing the proposed design of such landscape planting shall be submitted as part of the site plan review referred to in Chapter 137 for approval by the Village Board of Trustees. The purpose of this plan shall be to provide for a park-like setting around and between buildings and structures on plots within the Maritime Business District.
Except as hereinabove modified or qualified, all construction
in this district shall conform to the prevailing Building Code of
the Village. No construction or alteration within the scope of this
article shall be commenced or executed in any part until and unless
the Building Inspector shall have issued a building permit which,
after issued, must be prominently posted on site under cover from
weather for the cognizance of qualified inspectors under any pertinent
jurisdiction.
A.
The Building Inspector shall not issue any certificate of use and
occupancy unless and until the construction of the buildings and facilities
shall have been in full compliance with all applicable laws, ordinances,
rules, codes, regulations, and stipulations.
B.
Shall it be determined in the findings of the Building Inspector
that the use and occupancy related to any plot or lot in this district
shall deviate from the use and occupancy for which approval was initially
given, the Building Inspector shall notice in writing to the owner
of the property in question. Such notice shall set forth the nature
and extent of such deviations. Such notice shall be sent to the owner
of the property by registered mail. If the objectionable deviations
shall not be remedied by the owner within 30 days of such notice,
unless extended by the Board of Trustees, the certificate of use and
occupancy for the premises shall become void, without further or additional
notice.
The provisions herein described shall be enforceable by the
Village, and failure of the Village to enforce any and or all said
regulations or provisions shall in no event be deemed a waiver of
the right to do so thereafter.
Any nonconforming use existing at the effective date of this
chapter may be continued, and any existing building designed, arranged,
intended for or devoted to a nonconforming use may be reconstructed
as structurally altered, subject to the following regulations:
A.
The cost of structural alterations made in such building shall in
no case exceed 50% of its structural value nor shall the building
be enlarged unless the use therein is changed to a conforming use.
B.
No nonconforming use shall be extended at the expense of a conforming
use.
C.
No nonconforming use, if once changed to a use permitted in the district
in which it is located, shall ever be changed back to a nonconforming
use.
There shall be no use, building or structure, as the case may
be, that is incidental or subordinate, including but not limited to
parking areas that are permitted to be on a separate or different
lot than the principal use, building or structure. All principal uses,
buildings and structures shall be on the same lot as the incidental
use, building or structure.
