[Added 12-12-2005 by L.L. No. 18-2005]
It is the intent of the Waterfront District
to:
Permitted uses shall be as follows:
The following uses are permitted upon approval of the Board of Trustees in accordance with the standards of § 288-136 and any additional conditions outlined in this chapter:
A.
Private parking lots (to be screened in accordance
with Board of Trustees approval).
B.
New construction of multiple dwelling units with up
to two bedrooms per unit, including buildings for condominium, fee
simple, cooperative or rental occupancy.
C.
Independent senior citizen housing where the following
conditions are met:
[Amended 8-11-2008 by L.L. No. 5-2008]
(1)
Housing described in this subsection must exist or
be designed and constructed to serve the housing needs of independent
seniors and is subject to the management or to the legal restrictions
that require all of the units to be occupied by at least one person
age 55 or older.
(2)
No more than two bedrooms per senior unit.
(3)
The applicant proposing a senior citizen housing development
shall assure the Board of Trustees with the necessary market analysis
and documentation to the satisfaction of the Board that there is an
identifiable need for the project proposed.
(4)
The applicant shall demonstrate to the Board of Trustees
an adequate availability of public central water and central sewer
services.
(5)
The premises shall provide adequate on-site parking
with a minimum of two parking spaces per unit. The Board may reduce
the parking requirement by up to 25% if it is justified due to the
nature of the proposed development.
(6)
Each application for a proposed senior citizen housing
development must be accompanied by appropriate undertakings, deed
restrictions, easements and the like, in form and content satisfactory
to the Village Attorney, as may be necessary to provide for and assure
continued proper future maintenance and ownership responsibilities
for all common areas, facilities and utilities within each stage of
development or section thereof.
(7)
The applicant may be required to post a performance
bond in an amount sufficient in the opinion of the Board of Trustees
and in favor of the Village of East Rockaway in the form of a cash
payment, surety bond or letter of credit to assure that all ancillary
facilities, utilities and common areas shown on the proposed site
plan are provided, together with provision(s) for their future maintenance
and care. Said performance bond shall be in form satisfactory to the
Village Attorney and shall extend for a term of not less than five
years after full completion as determined by the Board of Trustees.
(8)
The applicant must comply with all applicable federal,
state and local laws, regulations and provisions. The Board of Trustees
may condition its recommendation of approval of the application on
said compliance.
E.
Seasonal sidewalk seating area, where the following
conditions are met:
[Added 12-10-2007 by L.L. No. 17-2007]
(1)
No portion of a seasonal sidewalk seating area, including
tables, chairs, awnings, umbrellas or other fixtures, shall be located
within four feet of the curb or permanent sidewalk fixture, excluding
parking meters, traffic signs and trees.
(2)
No portion of a seasonal sidewalk seating area shall
extend beyond the frontage of the structure that is used by the principal
business.
(3)
No table or chair, or other object or fixture located
within a seasonal sidewalk seating area shall be leaded, cemented,
nailed, bolted, power riveted, screwed in or affixed, even in a temporary
manner, to either the sidewalk, building or any other structure.
(4)
All awnings and umbrellas located within a seasonal
sidewalk seating area shall be adequately secured, retractable and
made of a noncombustible frame covered with a flameproof canvas or
cloth, slow-burning plastic or other equivalent material, but not
including glass.
(5)
Any planters (including the vegetation within), railings
or fences used as part of a seasonal sidewalk seating area shall be
self-supporting and shall not exceed 36 inches in height.
(6)
No structure or enclosure to accommodate the storage
of garbage may be erected or placed with a seasonal sidewalk seating
area.
(7)
No fixtures shall be placed on the sidewalk prior
to the effective date of a permit for a seasonal sidewalk seating
area, and all such fixtures shall be removed from the sidewalk upon
the expiration of said permit.
(8)
There shall be no outdoor loudspeakers or live entertainment
of any kind within a seasonal sidewalk seating area.
(9)
The owner of the business that obtains a permit for
a seasonal sidewalk seating area shall assume the sole responsibility
for all injuries to persons or property incurred as a result of the
location and use of the seasonal sidewalk seating area, and shall
agree to indemnify and hold harmless the Village of East Rockaway,
and its employees, agents and officers, from and against any and all
claims or suits which may be advanced or instituted against the Village
which relate to the location and use of the public sidewalk as a seasonal
sidewalk seating area. Prior to the issuance of a permit, the applicant
shall execute an indemnity and hold harmless agreement, in a form
acceptable to the Village Attorney, and file same with the Village
Clerk.
(10)
The owner of the business seeking a permit for
a seasonal sidewalk seating area shall procure and maintain during
the term of the permit a policy of general liability insurance satisfactory
to the Village, in a form approved by the Village Attorney, and an
endorsement naming the Village as a named insured, covering the use
of the public sidewalk as a seasonal sidewalk seating area. The limits
of liability under such insurance shall be not less than $1,000,000
per accident, single limit. Prior to the issuance of a permit, the
applicant shall file a valid policy or certificate thereof, and the
required endorsement, with the Village Clerk.
(11)
Permits for a seasonal sidewalk seating area
must be applied for annually, and shall become effective no earlier
than May 1 and shall expire by no later than September 30 of each
calendar year.
