[Amended 10-10-1967; 1-30-1973; 8-12-1980 by L.L. No. 11-1980; 12-17-1985 by L.L. No. 13-1985; 3-25-1986 by L.L. No. 3-1986; 7-17-1990 by L.L. No. 5-1990; 12-16-1997 by L.L. No. 25-1997; 10-6-1998 by L.L. No. 16-1998; 6-8-1999 by L.L. No. 7-1999; 10-2-2001 by L.L. No. 8-2001]
A.
Parking requirements.
[Amended 9-30-2003 by L.L. No. 12-2003; 11-15-2005 by L.L. No. 13-2005]
(1)
All districts. The following off-street parking requirements shall apply in all districts in which the enumerated uses are authorized, except where otherwise provided in the article regulating such districts. All references to parking space contained in this section shall be interpreted in conformity with the definition of "parking space" contained in § 70-231 of this chapter. Where any category below denotes that the requirement applies to area in excess of 1,000 square feet, the 1,000 square feet may be deducted only once; must be deducted from the total of all contiguous properties under common ownership and/or control of the applicant; and, at the option of the applicant, may be deducted from the most restrictive category applicable to the site.
[Amended 7-29-2008 by L.L. No. 7-2008; 9-22-2008 by L.L. No.
9-2008; 6-23-2009 by L.L. No. 11-2009; 1-24-2012 by L.L. No.
2-2012; 5-13-2014 by L.L. No. 8-2014; 3-20-2018 by L.L. No. 2-2018; 1-29-2019 by L.L. No. 3-2019]
|
Use
|
One Parking Space for Each
| |
|---|---|---|
|
Dwelling of any kind other than those specifically
listed below
|
1/2 dwelling unit
| |
|
Retail food use, 1 to 12 seats
|
300 square feet
| |
|
Retail food use, no seating
|
300 square feet of floor area in excess of 1,000 square feet
| |
|
Hospital, clinic
|
2 beds, plus 1 space per employee
| |
|
Hotel
|
Refer to § 70-103S
| |
|
Industry
|
600 square feet of floor area
| |
|
Place of public assembly or place of assembly,
exclusive of restaurants (theater, lodge, club, hall, church, auditorium,
bowling, gym, fitness center, etc.)
|
4 seats or 4 persons which can be legally accommodated,
plus 1 space per employee
| |
|
Restaurant/bar and grill
|
80 square feet of floor area, inclusive of outdoor
seating areas, and 1 space per 3 linear feet of a bar or counter where
food and/or drink are served as measured on the patron's side of the
bar/counter. Spaces reserved for takeout/to-go orders are not counted
towards satisfying parking requirements.
| |
|
Retail store, personal service shop
|
300 square feet of floor area in excess of 1,000
square feet
| |
|
Wholesale establishment, warehouse
|
600 square feet of floor area
| |
|
All other business
|
300 square feet of floor area in excess of 1,000
square feet
| |
|
Gasoline service station/convenience store, motor vehicle shop as defined in § 70-231, auto body shop, including any and all shops that work with and on vehicles
|
300 square feet of floor area; service bays,
drive aisles, and areas utilized for the pumping of gas shall not
be counted as or defined as off-street parking
| |
|
Game courts (tennis, squash, handball, badminton)
|
1/8 of each game court, plus 10 spaces for each
main structure
| |
|
Medical, dental and similar offices
|
150 square feet of floor area in excess of 1,000
square feet
| |
|
All other offices
|
200 square feet of floor area in excess of 1,000
square feet
| |
|
Public housing
|
Dwelling unit
| |
|
Dwelling unit in a mixed-use building
|
Dwelling unit
| |
|
Senior independent-living facility
|
0.67 dwelling unit
| |
|
Senior congregate-living facility
|
0.67 dwelling unit
| |
|
Senior assisted-living facility
|
Dwelling unit
| |
|
Senior day care
|
500 square feet of gross floor area
| |
|
Nursing home/temporary care facility
|
2 beds
| |
|
Child care, nursery school or similar facility
|
1 staff member, plus 1 parking space per each
15 children capacity, or portion thereof
| |
|
Boatel
|
2 guest rooms or suites, plus 1 space per employee
| |
|
Marina
|
Slip, plus 1 space per employee
|
(2)
Multiple Residence District. Within a Multiple Residence District, there shall be provided on the premises parking or garage facilities at the rate of 2 1/4 spaces for each apartment other than one basement apartment. Such garage facilities shall not include space for more than six cars in one accessory building, which shall conform architecturally to the main building. Parking for senior citizen facilities within a Multiple Residence District shall be provided at the rates indicated in § 70-103A(1). Parking for dwelling units in a Multiple Residence District located within the New Cassel Urban Renewal Area shall be provided at the rate of 1/2 parking space per bedroom in the multiple residence building(s), but in no instance shall there be less than one parking space per dwelling unit.
(3)
Golden Age Residence District. Within a Golden Age
Residence District there shall be provided off-street parking at the
rate of 1 1/4 spaces for each one of the dwelling units.
B.
The parking area required shall be located on the premises, except as otherwise permitted for places of public assembly pursuant to § 70-103L(1). Access driveways shall be marked with arrows indicating the proper flow of traffic and individual parking spaces shown. In satisfying the off-street parking requirements as set forth in this section, for nonmedical office use and industrial use up to but not exceeding 20% of the off-street parking spaces may have dimensions of not less than nine feet by 18 feet and shall be so designated. With respect to all other uses, all off-street parking spaces must have dimensions of not less than 10 feet by 20 feet. Whenever parking requirements are calculated on the basis of floor area or space, all calculations should be made using the gross floor area as defined in § 70-231.
C.
All areas devoted to off-street parking and access
driveways shall be surfaced in accordance with specifications not
less than those of the Town of North Hempstead requiring 4 1/2 inches
of broken stone (after compaction) and 1 1/2 inches of premixed bituminous
material (after compaction) or a minimum of four inches of portland
cement concrete in accordance with Nassau County specifications, Class
B concrete.
[Amended 10-6-1998 by L.L. No. 16-1998]
(1)
Reinforced
four-inch-deep concrete waffle-type pavers with grass or crushed stone
filler in the voids may be installed in off-street parking areas in
lieu of the above. The base for pavers shall be two inches compacted
sand over either undisturbed earth or fill compacted to 95% maximum
dry density.
(2)
For
residential applications, brick pavers over two inches compacted sand
over either undisturbed earth or fill compacted to 95% maximum dry
density shall also be acceptable.
D.
Only one access road to a parking area shall be permitted
where the property fronts on a state highway or other arterial road.
Such access road shall provide separate means of ingress and egress
with a traffic separator at the entrance.
E.
Parking areas shall be illuminated at night only during
the business hours of the stores or buildings which they serve, which
illumination shall be extinguished within 1/2 hour after the close
of business. Where said parking areas directly abut residential districts,
the lighting fixtures and equipment shall be so designed and installed
as to reflect away from and to shield such residential districts from
the lights of the parking areas.
F.
Provision for off-street loading and unloading shall
be made on premises used for a business purpose in a location that
will not interfere with accessory parking and means of ingress and
egress thereto, and such areas shall be surfaced in the same manner
as the parking areas. The area to be allocated for loading and unloading
shall be at least 10 feet in width, 25 feet in length and 15 feet
in clear height.
[Amended 9-9-2008 by L.L. No. 8-2008]
G.
No part of any required parking area, access driveways
or loading or unloading areas shall be used for the storage or abandonment
of any article or material.
H.
The parking requirements set forth in this article
may be provided off the premises in an adjoining parking district
where the plot in such parking district on which the parking area
is to be established is in common ownership with the plot on which
the use is to be located. For the purposes of this section, a parking
district shall be considered adjoining in those cases where a public
street or highway intervenes between the division line between districts.
I.
All lighting of premises, other than places of public
assembly, shall be directed away from any adjoining residences and
shall not exceed a height of 20 feet above the grade of the premises.
The location, candlepower and type of fixture to be installed shall
be first approved by the Building Official.
J.
All exits from parking areas fronting on a state highway
or other arterial road shall have posted in a conspicuous place directional
signs, with letters sufficiently large to be visible to the average
motorist, directing traffic to flow from the exits in the direction
of the traffic in the nearest lane to such exit.
K.
Parking on vacant lots. Accessory parking of more
than five automobiles or other motor vehicles on a vacant lot or lots
situate within business or industrial districts may be permitted by
the Board of Zoning and Appeals for a limited duration of time and
subject to such conditions and safeguards as the Board may deem proper.
The use of such lot or lots shall not include any other use or any
storage, servicing or dismantling of automobiles or other motor vehicles.
Such parking area shall not be used for any gainful purpose.
L.
Off-street parking for places of public assembly.
(2)
All off-street parking areas for places of public assembly as set forth in Subsection L hereof, when within 15 feet of any residence district, shall be screened from said residential district by a six-foot stockade-type fence along the property lines. In addition thereto, a fifteen-foot strip of land along said fence shall be planted with shrubs and trees of sufficient height and density to act as an additional screening between the residences and/or residential district and the area used for the parking of automobiles or vehicles.
(4)
All lighting of parking areas used in conjunction
with places of public assembly as set forth in this section shall
be directed away from the adjoining residences and shall not exceed
a height of eight feet above the grade of the paved portion thereof.
The location, candlepower and type of fixtures to be installed shall
be first approved by the Building Official.
M.
Parking or repair of vehicles in front yards. No space
for the parking of motor vehicles shall be installed or maintained
on any plot in the area required for the front yard of such plot in
any district except when such a plot is used for one- or two-family
dwellings and the parking is limited to the required parking or when
permitted by the Board of Zoning and Appeals upon a finding that the
enforcement of this prohibition will cause the occupant of the plot
undue hardship and is not required in the public interest. No mechanical
repair of motor vehicles or painting, repainting or repairs to the
exterior bodies of motor vehicles shall be performed on any plot in
the areas required or utilized for front yards pursuant to this local
law.
N.
Size of access aisles and parking spaces within a
Hospital District. The width of access aisles and the length of parking
spaces shall be measured perpendicular to the direction of traffic
flow in the access aisle. The length of the parking space, measured
as described above, shall be known as the "stall-to-curb dimension."
The access aisle shall be the pavement providing ingress to and egress
from the parking space, as well as general circulation in the parking
area. These dimensions shall vary according to the angle formed by
the parking space stripe and the direction of traffic flow in the
aisle in accordance with the following table:
|
Space Size = 9 Feet 0 Inches
x 18 Feet 0 Inches
| |||
|---|---|---|---|
|
Parking Angle
(degrees)
|
Stall to Curb
(feet)
|
Access Aisle Width
(feet)
| |
|
0
|
9 (by 23 long)
|
12
| |
|
30
|
16 5/6
|
12
| |
|
45
|
19 1/6
|
13
| |
|
60
|
20 1/6
|
18
| |
|
90
|
18
|
26
| |
|
Space Size = 10 Feet 0 Inches
x 20 Feet 0 Inches
| ||
|---|---|---|
|
Parking Angle
(degrees)
|
Stall to Curb
(feet)
|
Access Aisle Width
(feet)
|
|
0
|
10 (by 23 long)
|
12
|
|
30
|
18 2/3
|
12
|
|
45
|
21 1/4
|
13
|
|
60
|
22 1/3
|
18
|
|
90
|
20
|
24
|
O.
Size of access aisles and parking spaces in all districts
other than the Hospital District. The width of access aisles and length
of parking spaces shall be measured perpendicular to the direction
of traffic flow in the access aisle. The length of the parking space,
measured as described above, shall be known as the "stall-to-curb
dimension." The access aisle shall be the pavement providing ingress
to and egress from the parking space, as well as general circulation
in the parking area. These dimensions shall vary according to the
angle formed by the parking space strip and the direction of traffic
flow in the aisle in accordance with the following table:
|
Space Size = 9 Feet 0 Inches
x 18 Feet 0 Inches
| ||
|---|---|---|
|
Parking Angle
(degrees)
|
Stall to Curb
(feet)
|
Access Aisle Width
(feet)
|
|
0
|
9 (by 23 long)
|
12
|
|
30
|
16 5/6
|
12
|
|
45
|
19 1/6
|
13
|
|
60
|
20 1/6
|
18
|
|
90
|
18
|
24
|
|
Space Size = 10 Feet 0 Inches
x 20 Feet 0 Inches
| ||
|---|---|---|
|
Parking Angle
(degrees)
|
Stall to Curb
(feet)
|
Access Aisle Width
(feet)
|
|
0
|
10 (by 23 long)
|
12
|
|
30
|
18 2/3
|
12
|
|
45
|
21 1/4
|
13
|
|
60
|
22 1/3
|
18
|
|
90
|
20
|
20
|
P.
All parking spaces provided on a site located in the Business AA, Business A, Business B, Service Commercial, Industrial A and Industrial B Districts shall be open-air, ground-level parking except as provided in § 70-203 herein. No building or structure or portion thereof may be constructed over any parking space except as provided for in § 70-203U herein.
[Amended 2-15-2000 by L.L. No. 1-2000; 10-3-2006 by L.L. No. 14-2006]
R.
In the New Cassel Urban Renewal Area, off-street parking
requirements shall be reduced by the number of on-street parking spaces
located on the Prospect and Union Avenue street frontages, to be determined
by dividing the total street frontage by a factor of 25. These requirements
may be further reduced for properties within 200 feet of a municipal
parking lot by three spaces for every four spaces within the municipal
lot.
[Added 9-30-2003 by L.L. No. 12-2003; amended 12-17-2020 by L.L. No. 18-2020]
S.
Parking for hotels shall be provided as follows: 0.75 space for every
guest room, an additional one space for every 15 guest rooms shall
be provided for employees. Additional parking for accessory uses shall
be provided as follows: Meeting/conference/exhibit rooms: one space
for every 100 square feet of floor area; restaurant/bar/lounge: one
space for every 10 seats. No additional parking spaces are required
for pools, saunas, exercise rooms or business/computer centers if
those areas are accessible only to registered guests.
[Added 5-13-2014 by L.L. No. 8-2014]
T.
The off-street parking spaces required by this article are to be available at all times for customers, clients, constituents, patrons, visitors, employees, residents, and guests of the primary use of the main building(s) situated on the site. Commercial parking lots must also comply with the definition of "parking space" contained in § 70-231 of this chapter and the requirements of this article, but no on-site parking spaces required under this article may be used as a portion of a commercial parking lot. Parking spaces for the parking of commercial vehicles or storage of vehicles for other purposes shall not be controlled by the provision of this article other than § 70-103C and M and shall be considered "storage" in regard to the requirements thereof. Exterior storage of vehicles shall only be allowed where specifically indicated as a permitted or conditional use in the zoning district in which they are to be located and must comply with the requirements of § 70-212B.
[Added 8-5-2021 by L.L. No. 16-2021]
(1)
Accessory
storage of up to two commercial vehicles customarily incidental to
the permitted use of the main building(s) shall be permitted as an
accessory use in any business or industrial district, but may not
utilize the parking spaces required by this article.
[Added 6-18-2020 by L.L. No. 5-2020]
A.
Purpose. The provisions of this section are designed to temporarily
allow restaurants and food service establishments an additional way
to expand their operations outdoors during, and as a result of, the
COVID-19 pandemic; and to protect the public health, safety, and general
welfare of the community.
[Amended 11-18-2021 by L.L. No. 26-2021]
B.
Notwithstanding any provision in Chapter 70 of the Town Code to the contrary, restaurants and food service establishments may expand their seating areas by up to 50% of the previously approved floor area devoted to seating without providing additional parking spaces, subject to compliance with the provisions of this section.
C.
No restaurant or food service establishment shall temporarily expand seating capacity under § 70-103.1 of the Town Code without first filing with the Building Commissioner an application for such temporary expanded seating capacity and obtaining a permit. To obtain a permit under this section, an applicant shall not be required to seek an amended site plan approval from the Town Board or an amended conditional use permit from the Zoning Board of Appeals.
D.
Temporary expanded seating capacity areas are not required to be
located within the original confines of the establishment, but must
comply with applicable public assembly, accessibility and fire safety
regulations.
E.
Subject to the provisions of this section, temporary expanded seating
capacity areas may be established entirely within the property boundaries,
upon a sidewalk, within a parking lane, within a parking lot, or in
a courtyard. An eligible restaurant or food service establishment
may utilize one or more of the aforementioned locations as a temporary
expanded seating area. This section of the Town Code only permits
temporary expanded seating capacity areas in the locations referenced
herein. Nothing in this section shall be construed to permit outdoor
dining and service of beverages, including alcohol, in any other area,
including rooftops and roofs.
[Amended 8-13-2020 by L.L. No. 7-2020]
F.
A permit for a temporary expanded seating capacity area shall only
be authorized where it is determined that the use will not create
a hazard, a sight distance obstruction for motor vehicle operators,
nor unduly impede pedestrian traffic. The Building Commissioner shall
determine when a hazardous condition exists.
G.
Application for permit.
(1)
Such application shall be made to the Building Commissioner
on a form provided by him and shall contain a sworn statement that
provides the following information:
(a)
A site plan showing the location of service and arrangement
of tables and chairs:
(b)
The required certificate of insurance, if applicable;
(c)
Where applicable, a permit from the New York State Liquor Authority;
(d)
A statement affirming that the applicant shall comply with all
requirements set forth in this section; and
(e)
A copy of this section signed by the applicant as recognition
and acceptance of all of its terms.
(2)
The Building Commissioner may require an applicant to provide
such other information as may reasonably be required to establish
compliance with the provisions of this section and other applicable
building codes, ordinances and regulations.
H.
Upon submission of a completed application, and a determination of
compliance by the Building Department following a review of the application,
the Building Commissioner shall issue a permit for a temporary expanded
seating capacity area in one or more of the locations authorized in
this section.
I.
The following regulations are applicable to all temporary expanded
seating capacity areas:
(1)
Where necessary, wind screens shall be provided to contain any
loose objects that may otherwise be carried off site by the wind.
(2)
All food and beverages shall be dispensed from the interior
of the establishment. There shall be no outdoor bar or service counter.
(3)
Alcohol may only be served in conjunction with food that is
otherwise available for purchase without alcohol. All businesses serving
alcoholic beverages must be in compliance with all state laws and
regulations, including those of the New York State Liquor Authority.
Copies of permits shall be provided to the Town prior to service of
alcoholic beverages.
(4)
Except within a mixed-use zoning district or approved mixed-use
development, no temporary expanded seating capacity area shall be
established within 50 feet of a residential property.
(5)
Where necessary, sun shade may be provided either by individual
umbrellas or an area-wide canopy.
(6)
Restaurants and food service establishments shall take all reasonable
steps to control littering and shall dispose of all trash as otherwise
required and shall keep the sidewalk, parking lot area, or other areas
used for outdoor seating clean and free of litter, debris and putrescible
waste.
(7)
Putrescible waste must be contained in a refrigerated compartment
within the interior of the restaurant or food service establishment
for future disposal.
(8)
Restaurants and food service establishments with temporary expanded
seating capacity areas shall take all steps necessary to maintain
safety and to immediately remedy any unsafe situation.
(9)
A Town Building Inspector or Code Enforcement Officer may temporarily
suspend a permit for a temporary expanded seating capacity area, at
any time, due to violations of this section, threats to public safety,
disorderly conduct, noise, disruption of other business operations
or violations of other Town codes or other laws or regulations. The
Building Inspector or Code Enforcement Officer may choose, but is
not obligated, to reinstate a temporary expanded seating capacity
area permit if he or she is satisfied that all violations have been
remedied. An affected restaurant or food service establishment may
appeal a decision to suspend a temporary expanded seating capacity
area permit to the Town Board, which shall conduct an evidentiary
hearing to determine whether to reinstate the permit or continue the
suspension for a stated period of time.
(10)
Applicants shall provide a site plan for the premises for which
the permit is requested showing all structures thereon, a sketch showing
the proposed number of tables and chairs and the area to be used for
temporary expanded seating capacity with a proposed seating plan for
same.
(11)
Service at any temporary expanded seating capacity area shall
be permitted no later than 10:00 p.m. on Sunday through Thursday and
11:00 p.m. on Friday and Saturday. Tables and chairs and menu signs
must be removed from the sidewalk no later than 10:30 p.m. on Sunday
through Thursday and 11:30 p.m. on Friday and Saturday. Tables and
chairs and menu signs cannot be set up earlier than 1/2 hour before
service begins.
(12)
Smoking or vaping is not permitted in any outdoor dining areas.
(13)
The premises on which the temporary expanded seating capacity
service is to be offered must have a valid certificate of occupancy
and a public assembly license or place of assembly license, as applicable.
(14)
There shall be no sound amplification or public address system
permitted in any temporary expanded seating capacity area. The installation,
use or maintenance of radios, speakers, televisions or like apparatus
and live entertainment shall be prohibited in any temporary expanded
seating capacity areas.
(15)
BARRIER
BOLLARD-
PLATFORM
VEHICLE IMPACT PROTECTION DEVICE
Definitions. For the purposes of this section, the following words
and phrases are defined as follows:
[Added 8-13-2020 by L.L. No. 7-2020]
An object, natural or man-made, other than a bollard, which
is used to obstruct the passage of motor vehicles and separate pedestrian
and vehicular traffic. Natural objects may include large trees or
boulders.
A vertical post designed and used to obstruct the passage
of motor vehicles and separate pedestrian and vehicular traffic.
A flooring material, usually constructed of a wood or composite
decking materials, which is flush mounted to the roadway surface so
that tables and chairs are not placed directly onto the pavement.
A device that is designed, engineered, and sited so as to
effectively separate areas of pedestrian and vehicular travel and
prevent automobiles from encroaching into areas which are solely intended
for pedestrian use and travel; vehicle impact protection devices shall
be comprised of bollards or barriers,
J.
Outdoor sidewalk seating.
(2)
The applicant shall provide for a pedestrian access area on
the public sidewalk, measured from the inside of the curb where it
meets the sidewalk, of at least 60 inches' clearance; tables and chairs
and other objects, such as menu signs, shall be kept out of the pedestrian
access area. Clearance for the pedestrian access area must be around
obstacles such as signs, benches, garbage cans, accessibility ramps,
driveway access and other impediments. Employees may temporarily be
within the pedestrian access area while performing their duties, such
as serving, but may not place objects, such as tray stands, in the
pedestrian access area. However, employees shall at all times yield
to pedestrians within the pedestrian access area.
(a)
Notwithstanding the above, on a Town roadway with an existing parking
lane, an applicant may utilize the parking lane as a pedestrian walkway,
provided that the applicant provides a vehicle impact protection device
or steel barricade on all three sides of the parking lane and provides
ramp access for ADA compliance, which can be made of nonpermanent
materials.
[Added 8-13-2020 by L.L. No. 7-2020]
(3)
The applicant shall provide a certificate of insurance with
liability limits of at least $2,000,000 per occurrence and which names
the Town of North Hempstead as an additional insured who will be notified
by the insurance company or agent in the event of a lapse of coverage.
This insurance is required to remain in effect for the duration of
the outdoor sidewalk seating activities and to cover claims arising
out of said activities. The Town must be notified in the event of
any threatened or actual lapse in insurance coverage. Any such lapse
in coverage shall automatically revoke the permit authorizing a temporary
expanded seating area for outdoor sidewalk seating. In any event,
the applicant shall be liable for all claims arising out of the operation
of a temporary expanded seating area for outdoor sidewalk seating
and shall defend, indemnify and hold the Town harmless from and against
any such claims.
(4)
Notwithstanding the provisions of § 70-197, permittees under this section may display menu signs only within the time frames set forth in § 70-103.1I(11) and only as authorized by the Building Department. The Building Department is hereby authorized and directed to establish a preapproved menu sign form, including size and display specifications, which permittees may display without obtaining a sign permit.
(5)
Sidewalk service may be provided in front of up to two adjoining
businesses, i.e., one on either side of the permittees' premises,
with the permission of those businesses and their landlords. Permission
shall be given in writing, a copy of which shall be given to the Building
Department before sidewalk service in front of an adjoining premises
is provided. Permission may be withdrawn by the adjoining business
or landlord at any time. The business or landlord withdrawing permission
shall notify the Town, in writing, within two business days of the
withdrawal. Any adjoining business and landlord that gives such permission
shall be covered by the permittees' insurance in the same way the
Town is and at no less a coverage level. Confirmation of such coverage
and notice of any lapse, etc., shall be provided to the Town in the
same manner as such notice is made to the Town regarding coverage
extended to the Town. Copies of all such notices shall also be given
to the permitting businesses and landlords.
K.
Outdoor parking lane seating.
[Added 8-13-2020 by L.L. No. 7-2020[2]]
(1)
Notwithstanding any traffic ordinance or local law to the contrary, the Building Department may issue a temporary expanded seating capacity area permit for outdoor parking lane seating in conjunction with a restaurant or food service establishment, subject to compliance with this § 70-103.1.
(2)
The applicant shall comply with the following:
(a)
Provide a vehicle impact protection device on all three sides of
the seating perimeter located in the roadway to separate seating from
the travel lane. The vehicle impact protection device must be at least
18 inches in width and 30 inches to 36 inches in height (excluding
plantings) on all three sides. All vehicle impact protection devices
shall be engineered and determined to be in compliance with ASTM Publication
F3016.
(b)
Parking lane seating may not exceed the length of the business frontage,
except as authorized herein.
(c)
Ensure visibility of patrons and vehicle impact protection devices
at night by clearly marking such devices with yellow high-intensity
retro-reflective tape or reflectors.
(d)
Provide ramp access for ADA compliance, which can be made of nonpermanent
materials.
(e)
Seating or vehicle impact protection devices shall not be located
within 15 feet of a fire hydrant, or within eight feet of a crosswalk,
or within a No Stopping Anytime or No Standing Anytime zone, bike
lane, bus lane/stop, or taxi stand.
(f)
No outdoor lighting shall be installed in a manner that will impair
passing traffic.
(g)
Tables and chairs must be removed or secured in place when not in
operation.
(h)
All applicable building and fire codes shall be complied with.
(i)
Notwithstanding any provision of this code to the contrary, no liquid
petroleum gas heating device shall be located within the outdoor parking
lane seating area.
[Added 11-19-2020 by L.L. No. 17-2020]
(3)
The applicant may comply with the following:
(a)
Vehicle impact protection devices may be left in place within
a metered zone, alternate side parking, or No Parking Anytime zone,
provided that tables and chairs are removed or secured when not in
operation.
(b)
Where seating is authorized along a curb, install a platform
behind the required vehicle impact protection devices to flush height
with curb to facilitate ADA compliance, prevent the curb from becoming
a tripping hazard, and allow drainage to underpass seating. Such platforms
shall not block rain water drainage getting to the curb or flowing
along the curb. Such platforms shall not obstruct access to or ventilation
of utility covers. Installation of any platform within a parking lane
shall be in compliance with the New York State Building Code relative
to structural strength, fire safety, means of egress, accessibility,
light, ventilation, and sanitary requirements.
(4)
The applicant shall provide a certificate of insurance with
liability limits of at least $2,000,000 per occurrence and which names
the Town of North Hempstead as an additional insured who will be notified
by the insurance company or agent in the event of a lapse of coverage.
This insurance is required to remain in effect for the duration of
the outdoor parking lane seating activities and to cover claims arising
out of said activities. The Town must be notified in the event of
any threatened or actual lapse in insurance coverage. Any such lapse
in coverage shall automatically revoke the permit authorizing a temporary
expanded seating area for outdoor parking lane seating. In any event,
the applicant shall be liable for all claims arising out of the operation
of a temporary expanded seating area for outdoor parking lane seating
and shall defend, indemnify and hold the Town harmless from and against
any such claims.
(5)
Notwithstanding the provisions of § 70-197, permittees under this section may display menu signs only within the time frames set forth in § 70-103.1I(11) and only as authorized by the Building Department. The Building Department is hereby authorized and directed to establish a preapproved menu sign form, including size and display specifications, which permittees may display without obtaining a sign permit.
(6)
Parking lane seating service may be provided in front of up
to two adjoining businesses, i.e., one on either side of the permittees'
premises, with the permission of those businesses and their landlords.
Permission shall be given in writing, a copy of which shall be given
to the Building Department before parking lane seating service in
front of an adjoining premises is provided. Permission may be withdrawn
by the adjoining business or landlord at any time. The business or
landlord withdrawing permission shall notify the Town, in writing,
within two business days of the withdrawal. Any adjoining business
and landlord that gives such permission shall be covered by the permittees'
insurance in the same way the Town is and at no less a coverage level.
Confirmation of such coverage and notice of any lapse, etc., shall
be provided to the Town in the same manner as such notice is made
to the Town regarding coverage extended to the Town. Copies of all
such notices shall also be given to the permitting businesses and
landlords.
L.
Outdoor
seating in parking lot areas.
(1)
Outdoor seating within parking lots shall conform to the following:
(a)
Seating areas must be protected by a barricade, bollard or other
vehicle impact protection device. A minimum distance of eight feet
must be maintained between the seating area and the closest vehicular
parking stall or access lane.
(b)
Paved surfaces in parking lot areas must be kept in a clean and sanitary
condition.
(3)
Vehicle impact protection devices required.
(a)
Vehicle impact protection devices shall be required to protect a
temporary expanded seating capacity area located within a parking
lot.
(b)
Performance standard. All vehicle impact protection devices shall
be engineered and determined to be in compliance with ASTM Publication
F3016.
(c)
Location.
[1]
Vehicle impact protection devices shall be located:
[a]
Between any area designated for parking spaces and the beginning
of the adjacent, converted parking area to be used as the outdoor
seating area; and
[b]
To the extent practicable, between the means of egress from
the restaurant or food service establishment and the designated outdoor
seating area.
[2]
Barriers and bollards may be offset and staggered in terms of relative
distance to provide protection.
(4)
No temporary expanded seating capacity area located within a parking
lot shall occupy, encroach or impede into any New York State required
accessible spaces or fire lanes.
(5)
All platforms and ground coverings shall provide for accessibility.
Notwithstanding any provisions of this section, outdoor parking lot
seating shall be in all respects compliant with all applicable provisions
of the Americans with Disability Act of 1990, as amended from time
to time. Ramps and wheelchair edge protection shall be provided where
required.
(6)
Installation of any platform within a parking area shall be in compliance
with the New York State Building Code relative to structural strength,
fire safety, means of egress, accessibility, light, ventilation, and
sanitary requirements.
(7)
The Town may request a parking analysis to ensure that adequate parking
for the location is provided.
M.
Outdoor seating in courtyard areas or within property boundaries.
(1)
Courtyard areas and locations within the boundaries of the property
may be used as a temporary expanded seating capacity area, provided
the written permission of the owner of the property on which tables
and chairs are placed is obtained and the requirements of this section
are complied with and an unobstructed pedestrian access area of at
least 60 inches is maintained and there is no obstruction of ingress
and egress points.
(2)
All platforms and ground coverings shall provide for accessibility.
Notwithstanding any provisions of this section, outdoor courtyard
seating shall be in all respects compliant with all applicable provisions
of the Americans with Disability Act of 1990, as amended from time
to time. Ramps and wheelchair edge protection shall be provided where
required.
N.
Canopies and tents; table umbrellas.
(1)
Installation of a canopy or tent shall be in compliance with
the New York State Fire Code and the Nassau County Fire Ordinance.
Proof of approval from the Nassau County Fire Marshal shall be provided
to the Building Department prior to issuance of a permit under this
section.
(2)
Installation of individual table umbrellas shall be in compliance
with the New York State Fire Code.
(3)
In accordance with the New York State Fire Code, temporary tents
or canopies shall not be erected for a period of more than 180 days
within a twelve-month period on a single premises.
[Added 11-19-2020 by L.L. No. 17-2020]
O.
Outdoor
heaters. The use of liquefied petroleum gas (propane) or any other
outdoor heating equipment, and the storage of liquid petroleum gas
containers, shall be in compliance with the New York State Fire Code
and the Nassau County Fire Ordinance. The New York State Fire Code
and the Nassau County Fire Ordinance requirements related to temporary
outdoor heating shall be set forth in the permit application provided
by the Building Department. Proof of approval from the Nassau County.
Fire Marshal shall be provided to the Building Department prior to
issuance of a permit under this section.
[Added 11-19-2020 by L.L. No. 17-2020[5]]
P.
Permit revocation. The Building Commissioner shall have the authority
to revoke any permits issued pursuant to this section in the following
instances:
(1)
Where he finds that there has been any false statement or misrepresentation
as to a material fact in the application, plans or specifications
on which the building permit was based.
(2)
Where he finds that the permit was issued in error and should
not have been issued in accordance with the applicable law.
(3)
Where he finds that the expanded seating capacity authorized
under the permit is not executed in accordance with the provisions
of the application, plans or specifications.
(4)
Where the person to whom a permit has been issued fails or refuses
to comply with a stop order issued by the Building Commissioner.
Q.
Any temporary expanded seating capacity area permit issued under
this section shall terminate on December 31, 2023. All items located
within the temporary expanded seating capacity area shall be removed
no later than 10 days from the aforementioned termination date
[Amended 11-19-2020 by L.L. No. 17-2020; 4-22-2021 by L.L. No. 6-2021; 11-18-2021 by L.L. No. 26-2021; 3-31-2022 by L.L. No. 6-2022; 2-7-2023 by L.L. No. 5-2023]
[Added 9-24-2020 by L.L. No. 13-2020]
A.
Purpose. The provisions of this section are designed to temporarily
allow certain places of public assembly or places of assembly uses
(exclusive of restaurant uses), including gyms, fitness centers and
religious institutions, and certain personal service uses, including
barbershops, hair salons, personal care services, and similar uses,
an additional way to expand their operations outdoors during, and
as a result of, the COVID-19 pandemic; and to protect the public health,
safety, and general welfare of the community.
[Amended 11-18-2021 by L.L. No. 26-2021]
B.
Notwithstanding any provision in Chapter 70 of the Town Code to the contrary, the uses described in § 70-103.2A may expand their operating areas by up to 50% of the previously approved floor area devoted to such use without providing additional parking spaces, subject to compliance with the provisions of this section.
C.
No use described in § 70-103.2A shall temporarily expand its capacity outdoors under § 70-103.2 of the Town Code without first filing with the Building Commissioner an application for such temporary expanded outdoor use and obtaining a permit. To obtain a permit under this section, an applicant shall not be required to seek an amended site plan approval from the Town Board or an amended conditional use permit from the Zoning Board of Appeals.
D.
Temporary expanded outdoor use areas are not required to be located
within the original confines of the establishment, but must comply
with applicable public assembly, accessibility and fire safety regulations.
E.
Subject to the provisions of this section, temporary expanded outdoor
use areas may be established entirely within the property boundaries,
within a parking lot, or in a courtyard. An eligible business may
utilize one or more of the aforementioned locations as a temporary
expanded outdoor use area. This section of the Town Code only permits
temporary expanded outdoor use areas in the locations referenced herein.
F.
A permit for a temporary expanded outdoor use area shall only be
authorized where it is determined that the use will not create a hazard,
a sight distance obstruction for motor vehicle operators, nor unduly
impede pedestrian traffic. The Building Commissioner shall determine
when a hazardous condition exists.
G.
Application for permit.
(1)
Such application shall be made to the Building Commissioner
on a form provided by him and shall contain a sworn statement that
provides the following information:
(a)
A site plan showing the location of the use or service area;
(b)
The required certificate of insurance, if applicable;
(c)
A statement affirming that the applicant shall comply with all
requirements set forth in this section; and
(d)
A copy of this section signed by the applicant as recognition
and acceptance of all of its terms.
(2)
The Building Commissioner may require an applicant to provide
such other information as may reasonably be required to establish
compliance with the provisions of this section and other applicable
building codes, ordinances and regulations.
H.
Upon submission of a completed application, and a determination of
compliance by the Building Department following a review of the application,
the Building Commissioner shall issue a permit for a temporary expanded
outdoor use area in one or more of the locations authorized in this
section.
I.
The following regulations are applicable to all temporary expanded
outdoor use areas:
(1)
Except within a mixed-use zoning district or approved mixed-use
development, no temporary expanded outdoor use area shall be established
within 50 feet of a residential property.
(2)
Where necessary, sun shade may be provided either by individual
umbrellas or an area-wide canopy.
(3)
Businesses shall take all reasonable steps to control littering
and shall dispose of all trash as otherwise required and shall keep
the sidewalk, parking lot area, or other areas clean and free of litter,
debris and putrescible waste.
(4)
Businesses with temporary expanded outdoor use areas shall take
all steps necessary to maintain safety and to immediately remedy any
unsafe situation. It is the permit holder's responsibility to be aware
of severe weather and remove or secure any temporary objects.
(5)
A Town Building Inspector or Code Enforcement Officer may temporarily
suspend a permit for a temporary expanded outdoor use area, at any
time, due to violations of this section, threats to public safety,
disorderly conduct, noise, disruption of other business operations
or violations of other Town codes or other laws or regulations. The
Building Inspector or Code Enforcement Officer may choose, but is
not obligated, to reinstate a temporary expanded outdoor use area
permit if he or she is satisfied that all violations have been remedied.
An affected business may appeal a decision to suspend a temporary
expanded outdoor use area permit to the Town Board, which shall conduct
an evidentiary hearing to determine whether to reinstate the permit
or continue the suspension for a stated period of time.
(6)
Applicants shall provide a site plan for the premises for which
the permit is requested showing all structures thereon and a sketch
showing the proposed area of use.
(7)
Use of any temporary expanded outdoor use area shall be permitted
on weekdays and Saturdays between the hours of 7:00 a.m. and 9:00
p.m., and on Sundays between the hours of 8:00 a.m. and 8:00 p.m.
(9)
The premises on which the temporary expanded outdoor use area
is to be offered must have a valid certificate of occupancy and a
public assembly license or place of assembly license, as applicable.
(10)
There shall be no sound amplification or public address system
permitted in any temporary expanded outdoor use area. The installation,
use or maintenance of radios, speakers, televisions or like apparatus
and live entertainment shall be prohibited in any temporary expanded
outdoor use area.
(11)
BARRIER
BOLLARD
PLATFORM
VEHICLE IMPACT PROTECTION DEVICE
Definitions. For the purposes of this section, the following
words and phrases are defined as follows:
An object, natural or man-made, other than a bollard, which
is used to obstruct the passage of motor vehicles and separate pedestrian
and vehicular traffic. Natural objects may include large trees or
boulders.
A vertical post designed and used to obstruct the passage
of motor vehicles and separate pedestrian and vehicular traffic.
A flooring material, usually constructed of wood or composite
decking materials, which is flush mounted to the roadway surface so
that tables and chairs are not placed directly onto the pavement.
A device that is designed, engineered, and sited so as to
effectively separate areas of pedestrian and vehicular travel and
prevent automobiles from encroaching into areas which are solely intended
for pedestrian use and travel; vehicle impact protection devices shall
be comprised of bollards or barriers.
J.
Use of parking lot areas.
(1)
Temporary expanded outdoor use areas within parking lots shall
conform to the following:
(a)
Such areas must be protected by a barricade, bollard or other
vehicle impact protection device. A minimum distance of eight feet
must be maintained between the area of use and the closest vehicular
parking stall or access lane.
(b)
Paved surfaces in parking lot areas must be kept in a clean
and sanitary condition.
(2)
Vehicle impact protection devices required.
(a)
Vehicle impact protection devices shall be required to protect
a temporary expanded outdoor use area located within a parking lot.
(b)
Performance standard. All vehicle impact protection devices
shall be engineered and determined to be in compliance with ASTM Publication
F3016.
(c)
Location. Vehicle impact protection devices shall be located
between any area designated for parking spaces and the beginning of
the adjacent, converted parking area to be used as the outdoor use
area. Barriers and bollards may be offset and staggered in terms of
relative distance to provide protection.
(d)
Barricades, bollards or other vehicle impact protection devices
shall be equipped with reflectorized tape or other reflector devices
adequate to warn others of its presence during night hours.
(3)
No temporary expanded outdoor use area located within a parking
lot shall occupy, encroach or impede into any New York State required
accessible spaces or fire lanes.
(4)
All platforms and ground coverings shall provide for accessibility.
Notwithstanding any provisions of this section, outdoor parking lot
uses shall be in all respects compliant with all applicable provisions
of the Americans with Disability Act of 1990,[1] as amended from time to time. Ramps and wheelchair edge
protection shall be provided where required.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(5)
Installation of any platform within a parking area shall be
in compliance with the New York State Building Code relative to structural
strength, fire safety, means of egress, accessibility, light, ventilation,
and sanitary requirements.
(6)
The Town may request a parking analysis to ensure that adequate
parking for the location is provided.
K.
Outdoor uses in courtyard areas or within property boundaries.
(1)
Courtyard areas and locations within the boundaries of the property
may be used as a temporary expanded outdoor use area, provided the
written permission of the owner of the property on which the use is
to be conducted is obtained and the requirements of this section are
complied with and an unobstructed pedestrian access area of at least
60 inches is maintained and there is no obstruction of ingress and
egress points.
(2)
All platforms and ground coverings shall provide for accessibility.
Notwithstanding any provisions of this section, outdoor courtyard
use areas shall be in all respects compliant with all applicable provisions
of the Americans with Disability Act of 1990, as amended from time
to time. Ramps and wheelchair edge protection shall be provided where
required.
L.
Canopies and tents; table umbrellas.
(1)
Installation of a canopy or tent shall be in compliance with
the New York State Fire Code and the Nassau County Fire Ordinance.
Proof of approval from the Nassau County Fire Marshal shall be provided
to the Building Department prior to issuance of a permit under this
section.
(2)
Installation of individual table umbrellas shall be in compliance
with the New York State Fire Code.
(3)
In accordance with the New York State Fire Code, temporary tents
or canopies shall not be erected for a period of more than 180 days
within a twelve-month period on a single premises.
[Added 11-19-2020 by L.L. No. 17-2020]
M.
Outdoor
heaters. The use of liquefied petroleum gas (propane) or any other
outdoor heating equipment, and the storage of liquid petroleum gas
containers shall be in compliance with the New York State Fire Code
and the Nassau County Fire Ordinance. The New York State Fire Code
and the Nassau County Fire Ordinance requirements related to temporary
outdoor heating shall be set forth in the permit application provided
by the Building Department. Proof of approval from the Nassau County
Fire Marshal shall be provided to the Building Department prior to
issuance of a permit under this section.
[Added 11-19-2020 by L.L. No. 17-2020[2]]
N.
Permit revocation. The Building Commissioner shall have the authority
to revoke any permits issued pursuant to this section in the following
instances:
(1)
Where he finds that there has been any false statement or misrepresentation
as to a material fact in the application, plans or specifications
on which the building permit was based.
(2)
Where he finds that the permit was issued in error and should
not have been issued in accordance with the applicable law.
(3)
Where he finds that the expanded outdoor use area authorized
under the permit is not executed in accordance with the provisions
of the application, plans or specifications.
(4)
Where the person to whom a permit has been issued fails or refuses
to comply with a stop order issued by the Building Commissioner.
O.
Any temporary expanded outdoor use area permit issued under this
section shall terminate on December 31, 2023. All items located within
the temporary expanded outdoor use area shall be removed no later
than 10 days from the aforementioned termination date.
[Amended 4-22-2021 by L.L. No. 6-2021; 11-18-2021 by L.L. No. 26-2021; 3-31-2022 by L.L. No. 6-2022; 2-7-2023 by L.L. No. 5-2023]
