[Amended 12-12-2005 by L.L. No. 18-2005]
In a Commercial A District, no building or structure
shall be used or occupied, and no building or part thereof or other
structure shall be erected or altered, unless otherwise provided in
this chapter, except for one or more of the following uses (except
that residential and nonresidential uses are not permitted to occupy
the same building):
A.
Any use that is permitted in a Residential A or Residential
B District.
B.
Banks.
C.
Offices.
D.
Personal services, such as hairdressers, barbershops,
beauty parlors, tailors, shoe repair, dry cleaners, laundries, and
other similar establishments.
E.
Post offices.
F.
Restaurants.
[Amended 12-10-2007 by L.L. No. 19-2007]
G.
Restaurants, take-out.
[Amended 12-10-2007 by L.L. No. 19-2007]
H.
Wholesale or retail stores for the sale of personal
property.
I.
Wholesale sample rooms, shops for custom work or for
the making or storage of articles which will be sold on the premises.
J.
Plumbing shops.
K.
Theaters.
L.
Printing offices.
M.
Mortuaries, undertaking or embalming parlors or similar
plants or establishments.
N.
One- or two-family residences conforming to the provisions
of the Residential B District.
O.
Learning centers.
[Added 1-12-2009 by L.L. No. 1-2009]
(1)
All activities must take place within the building
except in the case of driving schools.
(2)
All reasonable steps shall be taken to confine noise,
music and sound within the building so as to not adversely affect
adjacent properties.
(3)
Instruction shall not include any activities that
are erotic, lewd or sexually provocative.
[Amended 12-12-2005 by L.L. No. 18-2005[1]]
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.
Auto repair services, major or minor, where the following
conditions are met:
(1)
All buildings and other service equipment shall be
set back at least 30 feet from the boundary of any residence or residential
district.
(2)
All setbacks from a street lot line shall have a landscaped
area at least 10 feet wide, or as otherwise approved by the Board
of Trustees.
(3)
All lighting and signage shall be oriented so as to
minimize the visual impact upon adjacent and nearby residential uses.
B.
Automobile washing or polishing establishment, where
the following conditions are met:
(1)
All buildings and other service equipment shall be
set back at least 30 feet from the boundary of any residence or residential
district.
(2)
All setbacks from a street lot line shall have a landscaped
area at least 10 feet wide, or as otherwise approved by the Board
of Trustees.
(3)
All lighting and signage shall be oriented so as to
minimize the visual impact upon adjacent and nearby residential uses.
C.
Gas stations, where the following conditions are met:
(1)
Gasoline pumps and other service equipment shall be
set back from the street lot line at least 20 feet. All other buildings
and structures shall be set back at least 40 feet from a street lot
line and 15 feet from all other lot lines, unless larger distances
are specified elsewhere in this Code. All buildings, pumps and other
service equipment shall be set back at least 30 feet from the boundary
of any residence or residential district.
(2)
All setbacks from a street lot line shall have a landscaped
area at least 10 feet wide, or as otherwise approved by the Board
of Trustees
(3)
All lighting and signage shall be oriented so as to
minimize the visual impact upon adjacent and nearby residential uses.
(4)
If a gas station proposes to include a convenience
store operation, sufficient and designated off-street parking to accommodate
such a use shall be provided on-site. Access to and from the property
and the site layout shall be adequate to permit both convenience store
and gas station patrons to enter and exit the site easily and safely.
D.
Taxi stations, where the following conditions are
met:
E.
Nursing homes, duly licensed by the State of New York,
where the following condition is met:
(1)
No nursing home shall contain any uses other than
those permitted pursuant to applicable regulations of the State of
New York and the nursing home's operating certificate issued pursuant
thereto.
F.
Veterinarian office or small animal hospital that
is duly licensed by the State of New York, where the following conditions
are met:
(1)
The property shall contain adequate space for outdoor
exercise for any animals boarding and/or being cared for at the facility.
(2)
All buildings and exercise areas shall be set back
a minimum of 50 feet from any adjacent residence or residential district,
and such setback shall be suitably landscaped to serve as a buffer
area, as to be approved by the Board of Trustees.
(3)
All overnight animals shall be boarded indoors.
G.
Rooming or boarding houses, provided that owners of
the real property on which the same shall be located shall occupy
a portion of the premises, and further provided that not more than
two roomers or boarders shall be permitted therein.
H.
Bar/taverns, where the following conditions are met:
[Added 12-10-2007 by L.L. No. 19-2007]
(1)
No such establishment shall be closer than 100 feet
to a school or place of religious worship, measured lot line to lot
line.
(2)
No two such establishments shall be located within
100 feet of each other, measured lot line to lot line.
(3)
There shall be no outdoor loudspeakers or live entertainment
or dancing of any kind outside of the building.
(4)
Such other requirements as may be established by the
Board of Trustees.
I.
Drive-through window as an accessory use to a permitted
restaurant.
[Added 12-10-2007 by L.L. No. 19-2007]
(1)
No exterior menu board signs shall be located within
the required front yard setback.
(2)
There shall be a minimum of eight queuing spaces for
each drive-through window.
(3)
Queuing lanes shall be separate and distinct from
parking aisles.
(4)
The use of outdoor loudspeakers shall be prohibited
between the hours of 11:00 p.m. and 8:00 a.m.
J.
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.
[1]
Editor's Note: This local law also superseded
former § 288-34, Prohibited uses.
[Added 1-28-2013 by L.L.
No. 4-2013]
In a Commercial A District, a building or premises shall not
be used nor a building or any part thereof erected or altered which
is arranged, intended or designed to be used for any of the following
specified trades, industries or uses:
A.
In a Commercial
A District, no building erected or altered for a use permitted in
a Residence A or B District shall be permitted to be used in part
for any business purpose, and no building shall be erected, altered
or used for any combination of residence and business purposes, it
being the intent of this section to prohibit the future mixing of
residence and business use in any single building in this district.
B.
Blacksmith
shops or horseshoeing establishments and carpet- or rug-cleaning establishments.
C.
Coal,
fuel or lumber yards.
D.
Saw, planing
or woodworking mills, not including a carpenter shop.
E.
Stone
or monument works.
F.
Storage
warehouses.
G.
Gas manufacturing
or storage plants (illuminating or heating).
H.
Junk,
scrap, metal, paper or rag storage.
I.
A public
stable.
J.
Milk bottling
or distribution stations.
K.
Slaughterhouse
or live storage of animals or poultry.
L.
Dog kennels
or yards, stores or other structures where dogs are kept for breeding
purposes or for sale. This shall not exclude a duly licensed veterinarian
from maintaining an office or small animal hospital in connection
therewith on the premises.
M.
Ice docks
or buildings from which ice is sold for wholesale.
N.
No use
shall be permitted which is forbidden in the Industrial District,
nor shall any manufacturing of any kind be permitted except as specifically
provided.
O.
Public
or private hospitals or other places where persons suffering from
mental diseases of any kind are kept or treated.
P.
Used car
lots or secondhand automobile establishments; secondhand automobile
parts.
Q.
No structure
or structures or buildings commonly known as " condominiums," apartment
houses" or " cooperatively owned apartments" shall be erected in this
district.
R.
No attached
houses commonly known as "row houses" shall be permitted in this district.
[Amended 9-12-2005 by L.L. No. 9-2005]
[Amended 11-14-1988 by L.L. No. 16-1988]
In Commercial A Districts, no building or structure exclusive of one or two-family dwellings as provided in § 288-45N shall be erected or altered on a lot having an area less than 2,000 square feet or upon a lot having a frontage of less than 20 feet, and such building or structure may not exceed 60% of the area of said lot.
No building or part thereof shall be erected
or altered nor shall any street wall of a building be set nearer than
five feet to the street line upon which it fronts.
A rear yard is required on every lot, and the
depth of a rear yard shall be at least 10 feet.
[Amended 12-12-2005 by L.L. No. 18-2005]
The provisions with respect to parking shall be regulated by or conformed to the provisions of § 288-108, unless otherwise specified in this chapter.
[Amended 5-13-2019 by L.L. No. 4-2019]
No person shall cause, suffer or permit the erection and/or
maintenance of any parabolic dish or other antenna or device, the
purpose of which is to receive television, radio and/or microwave
or other electrical signals from space satellites, except as set forth
herein:
A.
No such
antenna shall be constructed, erected or maintained unless affixed
to the roof of the building.
B.
No such
installation shall be permitted or continued except by permit from
the Superintendent of Construction.
C.
No such
device shall exceed a height of 10 feet from its base, nor shall it
exceed 10 feet in diameter.
D.
There
shall be no more than one such device maintained and/or erected on
any building.
