[Added 3-2-2004 by L.L. No. 8-2004; amended 1-14-2008 by L.L. No. 1-2008]
The provisions of this article shall apply in the Waterfront Development Districts.
A. 
Permitted uses. No building or premises shall be used and no building shall hereafter be erected, altered or added to, unless otherwise provided in this article, except for one or more of the following uses:
(1) 
Governmental and municipal purposes.
(2) 
Banks and financial institutions.
(3) 
Stores and shops for conducting the following retail, wholesale and service businesses: grocery, fruits and vegetables, delicatessen, barbershop, beauty parlor, shoe repair, liquor package store, hardware, meat market, drug, bakery, tobacco, newspaper and magazines, ice cream and confectionery, custom tailoring, dressmaking and millinery, clothing, dry goods, furniture appliances, decorator goods, paints, stationery, books, furs, fur storage, florist, toys, floor coverings, and hand laundry.
(4) 
Sale at retail, or repair of jewelry, watches, clocks or optical goods; musical, professional or scientific instruments; radios, televisions, record players, and recorders.
(5) 
Telephone exchange, public utility, or undertaking establishment.
[Amended 1-14-2008 by L.L. No. 2-2008]
(6) 
Shop for carpenters; hand cabinetmaking; furniture repair; upholstering; electrical work; tinsmith; new and used plumbing; gas, steam or hot-water fittings; bicycle repair; glazier, paperhanger, and painter.
(7) 
Dry-cleaning establishment, newspaper or job printing and book binding, greenhouse and nursery, and motor vehicle repair shop.
(8) 
Offices, including medical/professional offices and medical/professional buildings.
(9) 
Restaurant, but not including the type of restaurant commonly known as "drive-in," "diner" and/or "lunch wagon," or those prohibited in Subsection C.[1]
[1]
Editor's Note: Former Subsection A(9), regarding manufacturing or industrial operations was repealed 1-14-2008 by L.L. No. 2-2008. This local law also renumbered former Subsection A(10) through (12) as Subsection A(9) through (11), respectively.
(10) 
Theaters.
(11) 
Incidental or accessory uses in connection with any of the permitted uses authorized under this section.
B. 
Permitted accessory uses.
(1) 
Off-street parking and loading.
(2) 
Signs advertising only business conducted on the premises, subject to the requirements set forth in Article XV, § 575-140.
C. 
Prohibited uses. Whether or not listed above as a permitted use, any use which is noxious or offensive by reason of emission of odor, dust, vibration, noise, smoke, gas, fumes, glare or radiation, or which presents any hazard to public health or safety, is prohibited.
[Amended 1-14-2008 by L.L. No. 2-2008]
D. 
Conditional uses.
[Amended 1-14-2008 by L.L. No. 2-2008; 12-15-2015 by L.L. No. 9-2015]
(1) 
A building may be erected, altered, or used and a lot or premises used for school purposes when authorized by the Board of Trustees pursuant to the provisions of § 575-170.1 of this chapter:
(2) 
A building may be erected, altered, or used and a lot or premises used for religious purposes when authorized by the Village Board pursuant to § 575-170.9 of this chapter.
A. 
No building or structure shall exceed two stories, with a maximum height of 30 feet, nor shall the highest point of any building or structure exceed elevation + 48 (Nassau County datum).
B. 
The following exceptions to the height limitation set forth in Subsection A of this section shall be permitted.
(1) 
Parapets, not exceeding three feet in vertical distance from base to the highest point.
(2) 
Penthouses for stairways or elevators, chimneys and heating and air-conditioning apparatus, not exceeding 12 feet in vertical distance from base to the highest point and not exceeding, in total, 10% of the building area.
C. 
In no event may the finished floor of the first story be lower than elevation + 12 (Nassau County datum). In no event may the finished floor of a garage, storage or utility area or the finished grade of an outdoor parking area be lower than + 10.5 (Nassau County datum).
A. 
The building area shall not exceed 50% of the lot area.
B. 
The floor area ratio of any lot shall not exceed 0.50.
A. 
Accessory structures.
(1) 
Fences. Fences shall not exceed seven feet in height.
B. 
Lot area. No building or other structure (with the exception of retaining walls when, in the opinion of the Building Superintendent, same is required for the safety of the persons and property in the vicinity, which determination may be appealed to the Board of Trustees) shall be erected on a lot containing an area of less than 30,000 square feet or having a street frontage of less than 125 linear feet.
[Amended 7-19-2022 by L.L. No. 6-2022]
C. 
Front yard.
(1) 
A front yard with a depth of not less than 20 feet shall be required along each street upon which the lot fronts.
(2) 
Off-street parking areas, loading areas or any paved areas other than access driveways or pedestrian walks shall be prohibited within 20 feet of the front line of the lot.
(3) 
For each foot or fraction thereof that the highest point of a building or structure (exclusive of those exceptions to the height limitations enumerated in Subsection B hereof) is more than 36 feet above curb level, the minimum front yard required by Subsection C(1) of this section shall be increased by three feet.
D. 
Side yards.
(1) 
On interior lots, a building shall have two side yards, one on each side of the building. Neither side yard shall be less than 12 feet in width.
(2) 
On corner lots, a building shall have one side yard abutting an interior lot adjacent thereto. Said yard shall be opposite the front yard having the greater street frontage and shall have a minimum width of 12 feet.
(3) 
Except as provided in Subsection F, the side yards may be used for the purposes of off-street parking and loading.
E. 
Rear yards. There shall be a rear yard having a depth of 15 feet. Except as provided in Subsection F, the rear yard may be used for the purposes of off-street parking and loading.
F. 
Off-street loading.
(1) 
All loading and unloading shall take place entirely on the lot, not nearer than 20 feet to any street line or residence district boundary.
(2) 
Off-street loading spaces shall be provided as follows:
(a) 
Industrial uses: one space 12 feet by 35 feet for the first 10,000 square feet of floor area, plus one such space for each additional 50,000 square feet of area or major fraction thereof.
(b) 
Commercial uses: one space 12 feet by 35 feet for the first 10,000 square feet of building floor area, plus one such space for each additional 100,000 square feet of floor area or major fraction thereof.
G. 
Landscaping. The entire lot, with the exception of areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped. All landscaping shall be maintained throughout the life of any use on any lot. A landscaping plan prepared by a qualified architect or landscape architect shall be submitted as part of the site plan for review by the Planning Board.
H. 
Site plan approval. All uses in a Waterfront Development District shall be subject to site plan approval by the Planning Board in accordance with the provisions of Article XXV.