It is the intent of the Waterfront Commercial
District to:
A. Promote a desirable and compatible mix of waterfront
dependent, commercial, and recreational uses in and around the vicinity
of the Talfor Boat Basin and White Cannon Point Park;
B. Improve public access to and along the waterfront;
and
C. Generate public activity in this area.
Permitted uses are as follows:
E. Restaurants (without drive-through windows).
[Amended 12-10-2007 by L.L. No. 19-2007]
K. Fish markets (primarily retail).
L. Maritime or historic museum.
M. Theaters for the performing arts.
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. Bar/taverns, where the following conditions are met:
[Added 12-10-2007 by L.L. No. 19-2007]
(1) There shall be no outdoor loudspeakers or live entertainment
or dancing of any kind outside of the building.
(2) Such other requirements as may be established by the
Board of Trustees.
C. 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 the 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.
A rear yard is required on every lot, and the
depth of a rear yard shall be at least 10 feet.
[Amended 9-14-2009 by L.L. No. 8-2009]
The Board of Trustees reserves the right to
approve the off-street parking facilities and location of any proposed
structure on property in the district when a building or buildings
are to be erected on property having a frontage of more than 100 feet
on an area of more than 10,000 square feet.
[Added 9-14-2009 by L.L. No. 8-2009]
A. The Board of Trustees, following a public hearing, may provide parking credits in exchange for the applicant restoring or rehabilitating an existing building located in the Waterfront Commercial District which, at a minimum, shall include the rehabilitation or restoration of the building's exterior facades in conformance with the area's nautical waterfront theme and/or historical character. The parking credit shall be in the form of a reduction in the minimum number of parking spaces that are required for the particular use under §
288-108 of this chapter.
B. The Board of Trustees may provide a parking credit of up to one parking
space for each $10,000 that it determines is to be invested in the
rehabilitation or restoration of the building.
C. Submission requirements; factors in determining adequacy of parking.
(1) Applicants seeking a parking credit shall submit detailed colored
renderings of all exterior facades and an estimate of the cost for
the restoration or rehabilitation, certified by a licensed architect
or contractor. The Board may ask for additional information, including
copies of additional cost estimates and materials specifications.
Applicants must also demonstrate, to the satisfaction of the Board
of Trustees, that the use will be served by an adequate number of
off-site parking spaces to meet the actual parking demand for the
use.
(2) The following may be considered by the Board of Trustees in determining
the adequacy of off-site parking:
(a)
Municipal parking lots located within 400 feet of the applicant's
property;
(b)
On-street parking spaces located in close proximity to the applicant's
property; and
(c)
Shared parking when it can be demonstrated through a documented
parking study that the demand for parking for the applicant's use
can be satisfied by sharing off-street parking facilities provided
by other uses located in close proximity to the applicant's property
and which do not normally operate during the same hours as the applicant's
use.
D. The decision of whether to grant a parking credit and, if so, the
amount of the parking credit shall rest in the sole discretion of
the Board of Trustees.
E. All applicable requirements of the State Environmental Quality Review
Act (SEQRA) shall be complied with as part of the review and hearing
process for a parking credit.
F. No certificate of occupancy shall be issued for any building for
which a parking bonus has been granted until the Superintendent of
Construction is satisfied that the applicant has actually made the
monetary investment that formed the basis for the amount of the parking
credit that was granted.