[Ord. No. 77-1, § 2]
[Ord. No. 77-1 § 2; Ord. No. 84-9, § 1; Ord. No. 97-16 § I; Ord.
No. 2002-1 § 1; Ord. No.
2012-12 § 2]
The following uses are permitted as of right, subject to the
bulk regulations, parking requirements and other regulations set forth
or referred to below:
(a)
Nonresidential uses.
(1)
Offices, limited to the uses permitted by section B17A-322(a)(1) to (10), but excluding offices on the first floor. For purposes of this section, offices shall include, but shall not be limited to, the following uses: real estate broker, stockbroker, financial planner, insurance agency, and other service professionals.
(2)
Parks, playgrounds and Public buildings.
(3)
Churches and other places of worship.
(4)
(Reserved)
(5)
Banks on the first floor of any multi story building subject
to the following standards:
a.
The design of the bank shall include exterior public space between
the building and the street that includes public seating, bike racks,
refuse and recycling containers, landscaping, and decorative pavement
(i.e. pavers, concrete with an attractive scoring pattern, stamped
concrete, etc.).
b.
The vision glass portion of the front facade of the bank shall
be a minimum of 35%.
c.
The ATM design shall be consistent with the building aesthetics
and shall not be visible from a residential district.
d.
No more than 4,500 square feet of the first floor of any building
may be devoted to bank uses.
e.
For ground floor banks one parking space for every 300 square
feet of floor area shall be provided.
f.
Any/all floors above the ground floor must be residential use,
which must be equal to or greater than the square footage of the first
floor.
g.
Banks shall not occupy more than 50% of the ground floor of
any building.
h.
Banks are permitted only in buildings with more than one story.
(6)
Parking garages and other off-street parking spaces, open or
enclosed, subject to the provisions of division 6, subdivision III
of this chapter.
(7)
Medical and dental offices.
(8)
Gasoline service stations, subject to the following conditions:
a.
The minimum lot size shall be 10,000 square feet, and the minimum
width along the street line shall be 100 feet.
b.
Automobile repair work shall be performed within a building,
except for minor servicing, such as change of tires or sale of gasoline
or oil. Auto body shops, paint shops, radiator repair, tire retreading
and automobile laundries are not permitted.
c.
No merchandise shall be sold or kept for sale, except petroleum
products and automobile accessories reasonably necessary for the safe,
lawful or convenient operation of motor vehicles.
d.
All automobile parts shall be stored within a fully enclosed
building.
e.
No oil or oil drums shall be kept or displayed in tanks or other
receptacles outside of the building and aboveground, except for immediate
use in servicing cars; and such oil shall be kept in neatly racked
or stacked containers of not more than 5 quarts.
f.
Gasoline or flammable oils in bulk shall be stored fully underground,
not nearer than 25 feet from any lot line.
g.
No gasoline pumps shall be located within 60 feet of the centerline
of any street. No more than one service island shall be permitted
at any station. A maximum of three dispensing towers per service island
shall be permitted. A maximum of six dispensing hoses with triggered
nozzles shall be permitted on the service island.
h.
A wall, fence or suitable evergreen hedge or screen planting
at least six feet in height shall be constructed and maintained between
the service facility and any abutting lot. The design of such wall,
fence or planting strip shall be subject to the approval of the planning
board, which may also require additional planting to screen gasoline
service stations, which may detract from the view of adjoining lots
or residential uses and to preserve property values in the neighborhood.
Where the lot abuts another service facility or a parking yard, the
planning board may modify or waive this requirement for such abutting
portion of the lot.
i.
Any lighting shall be arranged so as to avoid reflection and
glare into any abutting R1, R2, R3 or R4 district or residential use.
Each service island shall be illuminated by low glare lighting set
at a height not lower than eight feet nor higher than 15 feet. The
source of any lighting located on a service island shall not be directly
visible from any adjoining residential lot.
j.
In addition to the usual accessory signs, as permitted in Division 6, Subdivision 1, sections B17A-367 through B17A-372 of this Article.
1.
One freestanding sign advertising the name of the station or
garage and the principal products sold on the premises, including
any special company or branch name, insignia or emblem; provided,
that such sign shall not exceed 16 square feet in area on each side
and shall be not less than 10 feet or more than 18 feet above the
ground.
2.
Directional signs or lettering displayed over individual entrance
doors or bays, consisting only of the words "washing," "lubrication,"
"repairs," "mechanic on duty" or other words similar in import; provided,
that there shall be not more than one such sign over each entrance
or bay, that the letters thereof shall not exceed six inches in height
and that the total area of each sign shall not exceed three square
feet.
3.
Customary lettering on, or other insignia which are a structural
part of, a gasoline pump, consisting only of the brand name of gasoline
sold, lead warning sign, a price indicator and any other sign required
by law, and not exceeding a total of three square feet on each pump.
4.
A non-illuminated credit card sign, displayed on or near the
gasoline pumps, not exceeding two square feet in area.
5.
Two temporary signs, specifically advertising special seasonal
servicing of automobiles; provided, that each sign does not exceed
seven square feet in area and is not displayed for more than 60 days
twice per year.
(c)
Joint occupancy uses.
(d)
Accessory uses.
(2)
Accessory parking spaces, accessory buildings and other accessory
uses.
(3)
Accessory parking spaces and parking lots shall not be permitted
to be located in the front yard or between the street line and the
front of a building for any use except gasoline service stations.
Parking lots located in side and rear yards shall be designed to allow
interconnection with parking lots on adjoining properties by way of
joint access easements.
(4)
Kiosks shall be permitted to be located within 25 feet of the
Nassau Street right-of-way and shall be exempted from any bulk regulations
and off-street parking and loading requirements. Kiosks shall be sited
and designed in a manner that is integrated with the sidewalk and
streetscape so as to engage, enliven and articulate the pedestrian
experience for passersby and patrons. A kiosk shall be situated within
an area of textured paving, landscaping, outdoor seating, pedestrian
scale lighting and other high quality streetscape improvements as
deemed appropriate by the Board of Jurisdiction.
[Ord. No. 77-1 § 2; Ord. No. 2012-12 § 3]
The following uses are permitted as of right; provided, that
not more than 5,000 square feet of floor area per establishment shall
be devoted to such use. Such uses shall be subject to the bulk regulations,
parking requirements and other regulations set forth or referred to
below:
(a)
Nonresidential uses.
(1)
Retail stores and bakeries, excluding automotive sales or service
establishments.
(2)
Eating and drinking places as long as no outdoor dining is permitted
adjacent to residentially zoned and used properties on Murray Place.
(3)
Barbershops, beauty parlors, tailors, dressmakers and millinery
shops, photographic studios, shoe repair, shoeshine and hat cleaning
shops and similar personal service stores dealing directly with consumers.
(4)
Studios for dancing and music instruction.
(5)
Private vocational and trade schools and college preparatory
and tutoring services.
(6)
Outlets and pick-up stations for laundries and cleaning establishments.
(7)
Self-service automatic laundry and dry cleaning establishments,
containing a total of not more than 30 machines for washing, cleaning
and drying. The use of flammable solvent is prohibited, except for
the incidental removal of spots.
(8)
Electronic repair, locksmith, watch, clock and jewelry repair,
upholstery and furniture repair and other similar service establishments
furnishing services.
(9)
Art galleries and museums.
(10)
Crafting or arrangement of materials resulting in a finished
product or commodity such as apparel, home decoration, jewelry, toys,
furniture, leather goods, flowers, art work or similar products.
[Ord. No. 77-1 § 2; Ord. No. 98-9 § 1; Ord. No. 2012-12 § 4]
The following additional uses may be authorized as conditional uses, subject to the provisions of section B17A-208 and to the bulk regulations, parking requirements and other regulations set forth or referred to below:
(a)
Theatres, assembly halls, bowling alleys and pool parlors, but
excluding amusement parks and penny arcade galleries.
(b)
Bus stations and taxi offices.
(d)
Mixed Use Public Space, subject to the following conditions:
(1)
Minimum lot width of 75 feet.
(2)
Minimum rear yard of 100 feet for building setbacks.
(3)
Joint occupancy buildings that are over 1.0 FAR and are part
of a mixed use public space development are permitted to be three-stories
and 45 feet in height, may contain office space on the upper floors
and shall receive a FAR bonus of three square feet of additional floor
area (beyond the floor area ratio for joint occupancy buildings) for
each one square foot of public space provided up to a maximum FAR
of 1.2 provided the following is complied with.
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(a)
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A public space shall be framed by setting buildings or a portion
of a building a minimum of five feet further than the minimum required
front yard facing Nassau Street. Such public space shall be framed
by buildings and other streetscape elements and contain a minimum
area of 1,000 square feet in area as measured in the front yard along
Nassau Street. Public rights-of-way and driveway access easements
crossing a public space shall not count toward the calculation of
the minimum area. Portions of a building, not exceeding two stories
in height, framing the side edges of a public space, may have a reduced
front yard of 10 feet in order to increase the enclosure of the public
space and compensate for the additional setback required to create
such public space.
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(b)
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Such public space shall be framed by joint occupancy buildings
containing ground floor business uses that relate to and are oriented
to activate the public space, such as restaurants with outdoor cafes
and specialty food stores with sidewalk displays which may occupy
the perimeter edges of a public space. Buildings or portions of buildings
framing the public space shall be designed to contain a mix of architectural
styles, facade widths, storefront designs, and frame the public space
with well-articulated facades containing large pane display windows,
projections such as awnings and balconies, recesses and other design
treatments that create variety in the streetscape.
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(c)
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The public space shall be dimensioned and designed to meet the
needs for informal gathering and socializing by business patrons,
residents, employees and visitors. The developer is encouraged to
seek input from the neighborhood as well as the community regarding
the design of public space in order to create a landmark focal point
for East Nassau Street to provide accessible quality open space. The
developer shall be responsible for extending the surface treatment
and other design elements of the public space into adjacent portions
of the public right-of-way in order to create a seamless integration
of the public space with the adjacent sidewalk and streetscape resulting
in a public space that appears and functions as larger than solely
the portion of the lot area reserved for such public space.
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(d)
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The developer shall provide a plan for ownership, maintenance
and use of the public space to be approved by the Planning Board.
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(e)
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Access, parking, loading, and HVAC shall be designed and oriented
to minimize disturbances from traffic flow, light, noise, exhaust,
and other nuisances to adjacent or nearby residential properties.
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(f)
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Existing mature vegetation that helps to act as a buffer from
neighboring residential properties shall be preserved to the maximum
extent feasible. Where mature buffering vegetation does not exist
or is destroyed, the developer shall comply with the buffering requirements
of Section B17A-390c.
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(g)
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Sixty percent of the first floor area, of any building utilizing
the mixed use public space provisions, must be occupied by retail
uses, eating and drinking places, laundry and dry cleaning establishment,
dance studios, manufacturing and producing artworks and galleries
or museums.
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[Ord. No. 77-1, § 2; Ord. No. 83-38, § 3; Ord. No. 2012-12 § 5]
[Ord. No. 77-1, § 2; Ord. No. 2012-12 § 6]
The bulk regulations contained in sections B17A-325 through B17A-327 apply to all buildings and land in SB districts. Individual storefront facades within the district shall be designed with significantly different features in not greater than forty-foot intervals so as to give the appearance of separate buildings along a common lot street frontage.
[Ord. No. 77-1, § 2; Ord. No. 2002-1, § 2; Ord. No. 2012-12 § 7]
[Ord. No. 2002-1, § 1; Ord. No. 2012-12 § 7]
(a)
Residential uses.
(b)
Joint occupancy buildings provided all floors above the first
floor are residential.
(2)
Minimum required:
a.
Front yard: 15.
b.
Side yard: 0/10.
c.
Side yard, abutting R1, R2, R3 or R4: 20*.
d.
Rear yard: 25.
e.
Rear yard, abutting R1, R2, R3 or R4: 50.
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** A landscaped buffer a minimum of 20 feet in width shall be
provided along any side yard that abuts a Murray Place residence.
This landscape buffer shall include, but not be limited to, a fence
and a double staggered row of evergreen trees 12 to 14 feet in height
at time of planting
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[Ord. No. 77-1, § 2; Ord. No. 83-38, § 3.]
[Ord. No. 77-1, § 2; Ord. No. 2002-1, § III]
The off-street parking and loading requirements in SB districts shall be the same as the parking and off-street loading requirements for nonresidential and residential uses in the NB district, section B17A-301 and B17A-303. In addition, theatres, other places of assembly and vocational and trade schools shall provide at least one parking space for each five seats.
