A.
No building shall be erected, altered or used nor
shall any premises be used for any purpose other than that set forth
in this section.
B.
No building permit shall be issued for any use permitted
in a district unless the applicant has first obtained building plan
and site plan approval as required by law.
C.
No principal waterside use is permitted, including
floating homes, boatels, residential barges, residence yachts, houseboats
or other such uses used as a primary residence year round.
D.
Permitted principal landside uses shall be limited
to the following:
(1)
R-1: residential one- or two-family detached dwelling
units of not more than two units per 4,000 average square feet of
lot area.
(2)
R-2: residential one- or two-family detached dwelling
units of not more than two units per 4,000 average square feet of
lot area.
(3)
R-3: residential detached or attached dwelling units
conforming to total average density not to exceed one unit per 5,000
square feet and subject to special permit from the Board of Trustees.
(4)
R-4: residential multiple-dwelling units (existing
apartments) shall conform to the density as now existing.
[Added 4-24-1997 by L.L. No. 4-1997]
R-1 residential one-family detached or two-family
attached dwelling units shall conform to the following regulations.
A.
The minimum lot area shall be 4,000 square feet. Lots
may not be subdivided or assembled without complying with minimum
lot areas. Lots, regardless of size, may not have more than one two-family
dwelling unit.
B.
The minimum lot width shall be 40 feet.
C.
The minimum lot depth shall be 100 feet.
D.
On an interior lot, the minimum front yard setback
shall be 20 feet or the same as the average front yard setback of
the existing buildings within 200 feet on each side of the lot and
within the same block front and district, whichever shall be greater.
On a corner lot a front yard setback shall be required on each street
frontage as follows: The front yard setback on the narrower street
frontage shall be a minimum of 20 feet or the same as the average
front yard setback of the existing buildings within 200 feet on each
side of the lot and within the same block front and district, whichever
is greater, and the front yard setback on the other street frontage
shall be a minimum of 10 feet, and if the street frontages are equal,
each street frontage shall have a minimum front yard setback of 20
feet or the same as the average front yard setback of the existing
buildings within 200 feet on each side of the lot and within the same
block front and district, whichever is greater.
E.
On an interior lot, the minimum side yard setback
shall be six feet, with a minimum aggregate of 14 feet. A corner lot
shall have a minimum side yard setback of six feet on the side adjoining
the interior lot opposite the front yard having a greater street frontage.
The two yards fronting on streets shall be considered front yards,
and the remaining yard shall be considered the rear yard.
F.
The minimum rear yard setback shall be 20 feet.
[Amended 3-13-2004 by L.L. No. 9-2004]
G.
No building shall exceed two stories or 26 feet in
height, measured from the established street grade.
H.
The minimum floor area for each dwelling unit shall
be 750 square feet.
I.
In a two-family dwelling located on a lot less than
5,000 square feet in area, at least one of the dwelling units shall
not have more than two bedrooms.
[Amended 2-15-2001 by L.L. No. 1-2001]
J.
The maximum lot building coverage for a one-family
dwelling shall be 28%. The maximum lot building coverage for a two-family
dwelling shall be 25%; provided, however, that with respect to conversion
of an existing one-family dwelling to a two-family dwelling, where
the building lot coverage is 28% or less, the one-family dwelling
may be so converted on condition that the building lot coverage not
be increased as the result of said conversion, except to the extent
that additional on-site parking is required. Building coverage shall
include the principal building, including attached or detached porches
and decks extending more than two feet above average finished grade
and attached or detached garages and all other accessory uses. Moreover,
accessory uses other than attached porches and decks extending more
than two feet above average finished grade shall occupy no more than
40% of the rear yard area and no more than 40% of the side yard area.
In the event that a preexisting, nonconforming dwelling under this
subsection is destroyed by fire, flood and/or other like disaster,
such dwelling may be reconstructed to the extent of the nonconformity
herein, with respect to lot building coverage only.
[Amended 9-27-2000 by L.L. No. 6-2000; 2-15-2001 by L.L. No. 1-2001]
K.
The total of building lot coverage and the area occupied
by structures, terraces, paved yard areas, paved driveways and any
other impermeable surface shall not exceed 50% of the area of the
lot.
[Added 2-15-2001 by L.L. No. 1-2001[1]]
[1]
Editor's Note: This local law repealed former
Subsection K, which described when a one-family dwelling may not be
converted to a two-family dwelling.
L.
Each single-family dwelling unit shall have at least
two on-site parking spaces for occupant use, and each two-family dwelling
unit shall have at least three on-site parking spaces for occupant
use.
M.
No structure or accessory use may be located in the
front yard.
N.
No structure or accessory use, other than a detached
garage, as permitted, and parking of vehicles (but not commercial
vehicles), may be located in a required side yard setback. A detached
garage must have a minimum of a three-foot side yard setback and a
minimum three-foot rear yard setback.
[Amended 3-13-2004 by L.L. No. 9-2004]
O.
Permitted accessory uses shall be limited to play
equipment, private auto garages, storage of boats, garden sheds, ground
playhouses, tool sheds, fences or walls (under four feet) and aboveground
decks extending no higher than two feet above average finished grade.
An accessory shed must have a minimum of a three-foot side yard setback
and a minimum three-foot rear yard setback.
[Amended 2-15-2001 by L.L. No. 1-2001; 3-13-2004 by L.L. No. 9-2004]
P.
Accessory uses, in accordance with Article VIII, with a special use permit from the Board of Zoning and Appeals, shall be limited to:
(1)
Fences and walls above four feet.
(2)
Aboveground/in-ground pools.
(3)
Satellite antennas measuring more than 36 inches in diameter at any point. Satellite dishes of less diameter shall be permitted in accordance with § 155-48.
(4)
Radio antennas.
(5)
Cabanas.
(6)
Basketball, tennis or other courts, with or
without fencing.
(7)
Tree playhouses.
(8)
Vehicle storage and parking.
(9)
Boat storage.
Q.
The height of the average grade of the habitable area
shall conform to the grades required by the applicable state laws
for flood hazard designated areas by the National Flood Insurance
Program.
[Amended 3-23-1988 by L.L. No. 2-1988; 6-21-1995 by L.L. No. 5-1995; 4-24-1997 by L.L. No. 4-1997]
R-2 residential one-family detached or two-family
attached dwelling units shall conform to the following regulations.
A.
The minimum lot area shall be 4,000 square feet. Lots
may not be subdivided or assembled without complying with minimum
lot areas. Lots, regardless of size, may not have more than one two-family
dwelling unit.
B.
The minimum lot width shall be 40 feet.
C.
The minimum lot depth shall be 100 feet.
D.
On an interior lot, the minimum front yard setback
shall be 20 feet or the same as the average front yard setback of
the existing buildings within 200 feet on each side of the lot and
within the same block front and district, whichever shall be greater.
On a corner lot a front yard setback shall be required on each street
frontage as follows: The front yard setback on the narrower street
frontage shall be a minimum of 20 feet or the same as the average
front yard setback of the existing buildings within 200 feet on each
side of the lot and within the same block front and district, whichever
is greater, and the front yard setback on the other street frontage
shall be a minimum of 10 feet, and if the street frontages are equal,
each street frontage shall have a minimum front yard setback of 20
feet or the same as the average front yard setback of the existing
buildings within 200 feet on each side of the lot and within the same
block front and district, whichever is greater.
E.
On an interior lot, the minimum side yard setback
shall be six feet, with a minimum aggregate of 14 feet. A corner lot
shall have a minimum side yard setback of six feet on the side adjoining
the interior lot opposite the front yard having a greater street frontage.
The two yards fronting on streets shall be considered front yards,
and the remaining yard shall be considered the rear yard.
F.
The minimum rear yard setback shall be 20 feet if
front yard parking is provided or 35 feet if rear or side yard parking
is provided.
G.
No building shall exceed two stories or 26 feet in
height, measured from the established street grade.
H.
The minimum floor area for each dwelling unit shall
be 750 square feet.
I.
In a two-family dwelling located on a lot less than
5,000 square feet in area, at least one of the dwelling units shall
not have more than two bedrooms.
[Amended 2-15-2001 by L.L. No. 1-2001]
J.
The maximum lot building coverage for a one-family
dwelling shall be 28%. The maximum lot building coverage for a two-family
dwelling shall be 25%, provided, however, that with respect to conversion
of an existing one-family dwelling to a two-family dwelling, where
the building lot coverage is 28% or less, the one-family dwelling
may be so converted on condition that the building lot coverage not
be increased as the result of said conversion, except to the extent
that additional on-site parking is required. Building coverage shall
include the principal building, including attached or detached porches
and decks extending more than two feet above average finished grade
and attached or detached garages, and all other accessory uses. Moreover,
accessory uses other than attached porches and decks extending more
than two feet above average finished grade shall occupy no more than
40% of the rear yard area and no more than 40% of the side yard area.
In the event that a preexisting, nonconforming dwelling under this
subsection is destroyed by fire, flood and/or other like disaster,
such dwelling may be reconstructed to the extent of the nonconformity
herein, with respect to lot building coverage only.
[Amended 9-27-2000 by L.L. No. 6-2000; 2-15-2001 by L.L. No. 1-2001]
K.
The total of building lot coverage and the area occupied
by structures, terraces, paved yard areas, paved driveways and any
other impermeable surface shall not exceed 50% of the area of the
lot.
[Added 2-15-2001 by L.L. No. 1-2001[1]]
[1]
Editor's Note: This local law repealed former
Subsection K, which described when a one-family dwelling may not be
converted to a two-family dwelling.
L.
Each single-family dwelling unit shall have at least
two on-site parking spaces for occupant use, and each two-family dwelling
unit shall have at least three on-site parking spaces for occupant
use.
M.
No structure or accessory use may be located in the
front yard.
N.
No structure or accessory use, other than a detached
garage, as permitted, and the parking of vehicles (but not commercial
vehicles), may be located in a required side yard setback. A detached
garage must have a minimum of a two-foot side yard setback and a minimum
two-foot rear yard setback.
O.
Permitted accessory uses shall be limited to play
equipment, private auto garages, storage of boats, garden sheds, ground
playhouses, tool sheds, fences or walls (under four feet) and aboveground
decks extending no higher than two feet above average finished grade.
[Amended 2-15-2001 by L.L. No. 1-2001]
P.
Accessory uses, in accordance with Article VIII, with a special use permit from the Board of Zoning and Appeals, shall be limited to:
(1)
Fences and walls above four feet.
(2)
Aboveground/in-ground pools.
(3)
Satellite antennas measuring more than 36 inches in diameter at any point. Satellite dishes of less diameter shall be permitted in accordance with § 155-48.
(4)
Radio antennas.
(5)
Cabanas.
(6)
Basketball, tennis or other courts, with or without
fencing.
(7)
Tree playhouses.
(8)
Vehicle storage and parking.
(9)
Boat storage.
Q.
The grade of all terrain around hillside structures
shall be of a pitch and contain such surfaces and subsurface drainage
structure that would prohibit erosion of the slope.
R.
The grade of all terrain around hillside structures
shall be covered with landscaping and other ground covers to prevent
erosion of the slope.
S.
The site of all hillside structures shall not be excavated
or filled beyond what is necessary for normal construction of a house.
R-3 residential cluster development shall conform
to the following regulations:
A.
The maximum density shall be one dwelling unit per
5,000 square feet of gross acreage.
B.
The minimum area of the site shall be one acre.
C.
The minimum distance units shall be placed is 20 feet
from the public roads or other state, county, town or Village properties.
D.
The maximum allowable total composite building coverage
for all housing units and other structures shall be 35%.
E.
The maximum building height shall not exceed 26 feet
and two stories in height, as measured from the established street
grade adjoining the property.
F.
The minimum distance that all structures shall be
set back from all property lines is 50 feet when they abut adjacent
residential, commercial or industrial districts.
G.
Each dwelling unit shall have at least two on-site
parking spaces, excluding common or club parking, and at least one
of such parking spaces shall be enclosed.
H.
No structures or accessory uses shall be permitted
in the front yard.
I.
The dwelling units shall be no less than 900 square
feet, nor shall they contain more than two bedrooms.
J.
Each dwelling unit shall have public or common parking
space for visitor's use at one space per five units if there is no
clubhouse and two spaces per five units if there is a clubhouse.
K.
Deed restrictions, in a form approved by the Village,
shall be recorded as to the use and operation of open space.
L.
Accessory uses shall be limited to those permitted
in R-1 and R-2 Districts.
M.
Existing structures may be incorporated into the overall
design, provided that they comply with the regulations in this chapter
for new structures.
N.
Every dwelling unit shall have pedestrian access to
the waterfront, street, court, walkway or equivalent, designed for
public use and resident use.
O.
No building or structure shall contain more than six
dwelling units with exterior unit access or 10 dwelling units with
interior unit access.
P.
The front yard setback of each building shall be not
less than 20 feet from the interior road on which the lot fronts.
Q.
The minimum distance between buildings shall be 40
feet.
R.
The height of the average grade of the habitable areas
shall conform to the grades required in the applicable state laws
by the National Flood Insurance Program.
[Amended 12-20-2006 by L.L. No. 5-2006]
A.
Multiple-dwelling units shall conform to the following
regulations:
(1)
All multiple dwellings that exist shall be permitted, and any reconstruction or alteration due necessary because of artificial or natural damages shall be permitted in accordance with the regulations of Subsection B of this section.
(3)
This regulation prohibits multiple dwellings in any
other zone of the Village.
(4)
If an existing multiple dwelling is reconstructed
or is altered after the adoption of this chapter, on-site parking
of two spaces per dwelling unit shall be provided.
B.
All multiple dwellings shall conform to the following
regulations:
(1)
No apartment house shall be more than two stories
in height with a maximum height of 28 feet to the highest point, as
measured from the established grade of the street adjoining the property.
(2)
The minimum lot area for an apartment house shall
be 1,500 square feet per family and shall not contain more than 20
apartments.
(3)
The building area shall not exceed 35% of the lot
area.
(4)
Off-street parking facilities sufficient to accommodate
one automobile per tenant shall be provided, which may consist of
an accessory garage building or a combination of garage buildings
and outdoor parking space. At least 50% of such parking facilities
shall be garage space.
(5)
Transient parking space shall also be provided at
the rate of one car space for each five tenants; such area devoted
to this use shall be considered as not occupied by construction in
determining percentages of occupancy of lot area. A parking building
shall not exceed 15 feet in height, nor shall it exceed more than
one floor.
(6)
All areas available for off-street parking and access
driveways shall be surfaced in accordance with the following specifications:
not less than two inches of broken stone after compaction and one
inch of bituminous material after compaction.
(7)
The entire parking space area shall be screened from
outside view by landscaping property borders, except entrances and
exits.
(8)
Each dwelling unit shall contain not less than 600
square feet per family.
(9)
There shall be a rear yard the depth of which shall
be not less than 20 feet, and on lots abutting a residence district,
a minimum side and/or rear yard of 25 feet abutting said district
will be required.
(10)
The front yard setback shall be not less than
20 feet, and there shall be side yard setbacks of not less than six
feet on each side.
(11)
On a corner lot, a front yard shall be required
on each street, which shall be not less than 20 feet from each street.
(12)
Where residential buildings are grouped on the
same lot or plot, the unobstructed open spaces between the exterior
walls of such buildings shall be not less than 30 feet.
A.
No building or accessory use shall be erected, altered
or used nor shall any premises be used for any purpose other than
that set forth in this chapter.
B.
No building permit shall be issued for any use permitted
in a district unless the applicant has first obtained building plan
and site plan approval as required by law.
D.
No building shall be erected to a height in excess
of 26 feet or two stories, as measured from the established street
grade.
E.
For any of the uses permitted, the minimum building
shall not cover less than 600 square feet of ground floor space. The
height shall not be less than 1 1/2 stories. A one-story building
is acceptable, provided that there is a parapet of at least 2 1/2
feet all around the building or gable. The minimum lot area shall
be 4,000 square feet, except for attached row stores for retail trade,
which must have a minimum lot area of 2,000 square feet.
F.
The minimum width of the lot for each building, together
with the accessory buildings appurtenant thereto, shall be 40 feet,
except for attached row stores for retail trade, which must have a
minimum width of 20 feet.
G.
The minimum front yard setback shall be five feet.
H.
A corner lot shall have a front yard along its principal
frontage.
I.
A corner lot shall have a front yard along its side
street frontage of a minimum of five feet.
J.
The minimum rear yard setback shall be 10 feet.
K.
No side yard setback is required unless it abuts a
residential district, in which event a minimum side yard setback of
10 feet is required.
L.
The maximum allowable lot coverage shall be 70%.
M.
Every commercial building that is vacant or unoccupied shall be required
to have window treatments and/or coverings installed on any ground
level windows, plate-glass storefronts, or other openings such that
the interior of the building shall be screened from view. Acceptable
window treatments include frosted glass, curtains, vertical or horizontal
blinds, fabric window shades, or similar devices, and all installed
window treatments and/or coverings for a building shall be of a uniform
type and appearance, and must be maintained in a clean and sanitary
manner.
[Added 3-26-2020 by L.L.
No. 4-2020; amended 3-26-2020 by L.L. No. 5-2020]
[Amended 4-25-2001 by L.L. No. 6-2001]
A.
Legislative purpose. The purpose of this section is
to:
(1)
Ensure that the character and integrity of Manorhaven's
maritime heritage, particularly the concentration of water-dependent
uses in the area which is unique to the Village of Manorhaven and
the entire Long Island Sound region, will be maintained and enhanced.
(2)
Maintain, encourage and promote the development of
uses that have traditionally been associated with the Village of Manorhaven
waterfront and to accommodate water-enhanced commercial uses that
are compatible with and supportive of water-dependent uses.
(3)
Expand, enhance and preserve the public's ability
to access a limited deep-water resource for commercial and recreational
uses and enjoyment, and maximize employment opportunities from water-dependent
commerce.
(4)
Provide for waterfront amenities for public enjoyment
of the shore.
B.
Permitted uses. A building, structure or facility
may be used, erected, maintained, repaired or altered, and a lot may
be used, for any of the following uses:
(1)
Marina, yacht club or boat launch facilities for docking,
mooring, storage or otherwise accommodating waterborne vessels, excluding
barges used in or for commercial shipping.
(2)
Public or private parkland, fishing docks or piers.
(3)
Charter service, commercial excursion, open party, ferry/shuttle service and water taxi, but not car ferries, ground-effects craft ("hover craft") or high-speed ferries. Any owner/operator shall be required to apply to the Village for a permit for any such service. In connection therewith, where any vessel has a capacity of more than 15 passengers, the owner/operator shall file with the Village its written agreement with the owner of its docking facility providing parking pursuant to § 155-46 hereof.
[Amended 2-2-2004 by L.L. No. 1-2004]
(4)
Commercial fishing operations, including the docking,
loading and unloading of fishing boats, equipment for the fishing
industry in open lots and the refrigerated storage of fish, but excluding
processing or canning facilities.
(5)
The wholesale or retail sale of marine fuel and oils, provided that the storage tanks for the same comply with Chapter 77, Gasoline and Fuel Oil Storage, of the Code of Manorhaven, and Nassau County/New York State regulations.
(6)
The manufacture, construction, restoration, repair,
service and assembly of vessels, marine-related equipment (including
the repair of boating engines and their accessories and electrical
equipment, including machine shops predominantly devoted to marine
equipment) and incidental light manufacturing related to such activities.
Those uses existing as of the effective date of the revision of this
section that are conducted outdoors may be continue to be conducted
outdoors. Such uses that commence after the effective date of the
revision of this section shall be conducted in enclosed buildings.
(7)
Sale (including brokerage) and display of new or used
boats, marine supplies; and the sale of engines, parts, marine electronic
equipment, fishing supplies and marine sporting equipment for use
with or in conjunction with boats.
(9)
Restaurants and food and beverage establishment, but
not a drive-up, drive-in or drive-through restaurant or eating facility.
C.
Accessory uses.
(1)
These accessory uses are permitted as of right at
a marina:
(a)
Restaurant or other eating facility used solely
by members of the marina (including transients); laundry and shower
for members and ship's chandlery for retail sale of personal supplies
and staples; instruction in sailing and boating. Under no circumstances
shall a drive-up, drive-in or drive-through restaurant or eating facility
be permitted.
(b)
Other amenities that are accessory to a marina,
used solely by members of the marina (including transients); such
as swimming pool, tennis court, picnic area, spa, health club and
gym, with a special permit from the Board of Zoning Appeals. These
amenities shall conform to any applicable off-street parking requirements.
(c)
Manufacture, construction, restoration, repair,
service and assembly of marine structures, including docks, floats,
barges and racks.
(d)
Marine-related events such as races, boat shows,
displays and exhibitions of boats and marine equipment, "Blessing
of the Fleet" parties and similar special events, only with a permit
issued by the Building Department, after submitting an application
therefor not less than 14 days prior to the proposed event, the content
of which application shall be determined by the Village Clerk.
(2)
The accessory uses listed in Subsection C(3) are permitted when the following criteria are met:
(a)
The accessory use does not displace any of the
land, dock and surface water area committed to existing water-dependent
use unless comparable space is available on the same site or within
the zoning district on which the water-dependent use can be relocated.
(b)
Public access to and along the shore shall be
provided for patrons.
(c)
Accessory uses shall not be permitted over surface
waters and shall be located inland, away from the water to the maximum
extent practicable, so as to provide space immediately abutting the
water for water-dependent uses.
(3)
The following accessory uses may be allowed:
(a)
Restaurants, cocktail lounges and other food and beverage establishments, other than those permitted as of right or as accessory uses as of right under Subsection C(1). No drive-ups, drive-ins or drive-throughs shall be permitted. Accessory uses allowed under this subsection shall be permitted only by special permit to be issued by the Board of Appeals.
(b)
Offices for research labs or facilities related to watercraft development and marine-related educational facilities other than those permitted in Subsection C(1).
(c)
Sale of fish and shellfish, either at retail
or wholesale, subject to special permit to be issued by the Board
of Zoning and Appeals.
(d)
Health clubs, sailing clubs, boat clubs or other
marine-related daily admission nonmembership clubs, but not including
amusement parks.
(e)
Rack storage facilities for boats, with site
plan approval by the Board of Trustees.
D.
Setbacks in C-1 District. Setbacks shall be as provided in § 155-17. Docks and piers shall be permitted within a setback only if no building is located on them.
E.
Ferry/shuttle service. In the development of commercial
ferry/shuttle service the following standards shall be met:
(1)
Public demand for the service and the intended route
must be demonstrated.
(2)
The upland area must be able to accommodate an adequately
sheltered terminal site and ferry waiting area.
(3)
There must be adequate waterside access and dock facilities.
(4)
The upland area must be able to support the infrastructure
and other support facilities, including an adequately sized terminal,
public rest rooms and parking area, to accommodate the intended volume
of passengers during peak use.
(5)
It must be demonstrated that there is adequate road
access and capacity to handle the volume of vehicular generated traffic
during peak usage.
(6)
All adverse environmental impacts must be mitigated
to the maximum extent practicable.
The following uses are permitted in the C-2
District:
A.
Professional uses as licensed by the New York State
Department of Education.
B.
Financial uses, such as banks, lending agencies and
brokerages.
C.
Business services, such as activities or functions
that primarily serve other commerce activities or consumer requirements
elsewhere than on the premises. For the purposes of this section,
a warehouse or the storing of goods or products for use of a retail
store at another location shall not be deemed a business service.
[Amended 2-28-1996 by L.L. No. 3-1996]
D.
Medical and other health clinics, with a special use
permit from the Board of Zoning and Appeals.
E.
Educational or religious uses chartered by the State
Education Department or Secretary of State.
[Amended 7-2-2012 by L.L. No. 1-2012; 3-23-2017 by L.L. No. 7-2017; 10-26-2017 by L.L. No. 24-2017]
A.
The following uses are permitted in the C-3 District:
(1)
Restaurants and other eating facilities, with a special use permit
from the Board of Zoning and Appeals.
(2)
Public assembly places.
(3)
Retail stores and shops, with permitted hours of operation limited
to the hours between 5:00 a.m. and 11:00 p.m.
(4)
Trade stores, with permitted hours of operation limited to the hours
between 5:00 a.m. and 11:00 p.m.
(5)
Clubs for admission, with a special use permit by the Board of Zoning
and Appeals.
(6)
C-2 uses.
(7)
Convenience stores, with a special use permit from the Board of Zoning
Appeals, which permit, if granted, may regulate the hours of operation
of such convenience store.
B.
Notwithstanding the foregoing, the following uses shall be prohibited
in the C-3 District:
(1)
The manufacture, sale, distribution or use of electronic or e-cigarettes,
including but not limited to any electronic device that delivers vapor
which is inhaled by an individual user, and shall include any e-liquid,
refill, cartridge or component of such a device.
(2)
The sale of tobacco or tobacco products, including but not limited
to cigarettes, cigars, bidis, chewing tobacco, powdered tobacco, or
nicotine water to a person under the age of 21.
[Added 5-25-2005 by L.L. No. 7-2005]
A.
Purpose.
(1)
The proposed BOLD zoning ordinance is designed
to make a more livable area, to build community pride, to promote
neighborhood and community self-sufficiency and to help retain historic/existing
structures instead of replacing them.
(2)
The following principles guide the BOLD legislation:
(a)
To promote mixed use development in accordance
with the principles of new urbanism.
(b)
To increase the availability of housing alternatives
to meet local needs.
(c)
To promote the neighborhood and enhance the
existing local business community by reducing the need for vehicular
traffic and encouraging walking and bicycling.
(d)
To permit the use of new development standards
to create attractive Village settings which will foster economic revitalization
in commercial and mass transit-oriented locations.
B.
Application.
(1)
The BOLD is hereby enacted to include the Business
C-1, Business C-2, Business C-3, and E-1 Districts. The new zoning
shall not restrict any owners' rights relative to the underlying zoning
district. However, if an owner elects to use the BOLD for development
purposes, construction shall conform to the regulations as set forth
in this section, as well as all other relevant provisions of the Village
of Manorhaven Zoning Codes, and New York State Building Codes as well
as the Manorhaven Downtown Business District architectural guidelines.
[Amended 6-27-2007 by L.L. No. 7-2007]
(2)
In any existing business zones, the owners will
be required to update the interiors of stores, store fronts and signage
as per Village proposed elevations.
C.
Zoning requirements.
(1)
The BOLD shall apply to all existing retail,
food establishments and business uses currently permitted in the Business
C-1, Business C-2, Business C-3 and E-1 Zones; and second floor residential
apartments presently existing over retail structures.
(2)
Authorization for any uses which would require
a special use permit or any existing uses approved with a special
use permit shall be required to submit an application to the Board
of Zoning Appeals.
(3)
All existing industrial uses, auto body shops,
auto repair shops, hardware stores, drycleaners/ laundromats and any
uses where toxic chemicals are stored shall not be permitted as part
of the BOLD.
(4)
New construction as part of the BOLD shall meet
the following requirements:
(a)
Retail, office and restaurant uses:
[1]
Minimum lot size 6,000 square feet.
[2]
Building lot coverage shall be at 25% of the
lot.
[3]
Setback: eight feet rear, eight feet and 10
feet sides (Five feet side is permitted next to traffic lane.), 10
feet front.
[4]
Off-street parking shall be located in front
of store.
[5]
Height shall neither exceed two stories and/or
26 feet.
[6]
Flat roofs meeting manufacturers requirements,
as well as NYS Building Codes, shall be permitted; provide thirty-inch
parapet on three sides which will not be included in height calculations,
however the Village encourages the use of sloped or pitched roofs.
[7]
The site shall be screened with a six-foot high
fence on three sides, provide plants or shrubs in front of fence on
property side.
(b)
Residential apartments:
D.
Existing uses modified under the BOLD.
(1)
For existing commercial uses with apartments
above, on Manorhaven Boulevard and Sintsink Drive East, property owners
will be required to bring the interior of the stores and apartments
into compliance as per the requirements of the BOLD and the NYS Building
Codes within six months from date of approval of the BOLD.
(2)
Commercial uses approved under the BOLD will
be required to improve store fronts as per Village proposed elevations
and bring the signage into conformity.
(3)
All existing plumbing vents and exhaust vents
shall be reviewed and, if necessary, relocated so as not to affect
the fresh air envelope around the second floor apartments.
(4)
The first floor preexisting commercial uses
shall not be limited by size. The apartments shall be limited to only
studio apartments at 600 square feet minimum size, and one-bedrooms
at 750 square feet minimum.
E.
Off-street parking regulations for new construction.
(1)
The maximum number of retail units shall be
limited by the number of available parking spaces that can be provided
on site at ground level. Where feasible for developments equal to
or larger than 12,000 square feet the Village encourages the developer
to locate the parking in the rear of the site to improve the street
appearance.
(2)
Parking spaces shall be as follows:
(a)
Traffic lane shall be a minimum of 20 feet wide.
(b)
Fifty percent of paved area shall be porous
materials.
(c)
Standard parking spaces approved for the BOLD
shall be nine feet wide by 18 feet deep.
(d)
Accessible parking shall be one standard space
next to an indicated accessible aisle eight feet wide by 18 feet deep
with approved signage.
(e)
Loading spaces shall be 15 feet wide by 25 feet
deep
(f)
Dumpster locations shall be a minimum of 10
feet wide by 18 feet deep and screened.
(g)
Parking requirements for retail /office spaces
shall be one space for each 300 square feet of gross floor area in
excess of 1,000 square feet.
(h)
Parking requirements for restaurants are one
space for each five seats, one space for each employee and approved
with a special use permit by the Board of Zoning Appeals.
(i)
Parking requirements for live/work apartments
shall be one space per unit or as otherwise designated.
(j)
With the approval of the Board of Trustees,
a twenty-five-percent reduction of the live/work apartment parking
spaces may be granted where it can be demonstrated that greater than
50% of the retail and business uses at the development will only be
open from 9:00 a.m. to 6:00 p.m. during daytime hours. The live/work
spaces can overlap the parking for retail spaces.
(k)
On Manorhaven Boulevard, street parking spaces
within 400 feet of the site shall be counted toward residential parking
requirements.
F.
Open space.
(1)
The open space requirement of 25% of the total
retail/apartment space for any live/work apartments in the BOLD may
be reduced to a minimum of 15% of the lot area if the development
proposal includes the use of porous paving surfaces and other techniques
to ensure adequate filtering of contaminates present in stormwater
and drainage.
(2)
If it is impossible to provide open space as
indicated, then the developer shall contribute 3% of the estimated
construction cost to either a designated park/ Village Hall improvement
or infrastructure fund.
G.
Site plan review.
(1)
All proposed new projects using the BOLD shall
be subject to site plan review procedures before the Board of Trustees.
The Architectural Review Board shall act as a consulting review agency
and make recommendations prior to submittal to the Board of Trustees.
(a)
The site plan shall be presented in a scale
of 1/4 inch = one foot, zero inches, with spot elevations on four
corners of the lot and at four corners of the building. Show existing
trees to remain and those to be removed. Show proposed parking, site
drainage, planting schedule, garbage containment and zoning calculations.
Indicate dedicated park area. Submit photos of all adjoining properties
and properties across the street.
(b)
The elements to be included in the site plan
for review shall include pathways connecting to adjacent sidewalks,
parking areas, sitting areas, a plan for storage areas, lighting,
shade trees and other landscaping. The plans shall be reviewed by
the Architectural Review Board.
(c)
Developers are encouraged to have a preliminary
meeting with the ARB to discuss new urbanism and live/work apartments
with respect to design guidelines.
(d)
The Architectural Review Board shall review
the facade, signage and site plan prior to granting approval.
(2)
Site plan approval. Developers looking to utilize
the BOLD shall present plans for site plan approval to the Board of
Trustees. Upon review of the plans and recommendations by the ARB,
the Board of Trustees, as planning authority, shall review and grant
a special use permit.
H.
Construction details.
(1)
For new construction, each entrance shall have
a lobby of a minimum size of 10 feet by 10 feet, provided with table
and lamp and timed electric lighting. The lobby and stair hall shall
be maintained by the landlord.
(2)
Security. The entrance doors shall be locked
and provided with voice activated answering buzzers.
(3)
Life safety.
(a)
Hard-wired smoke detectors shall be installed
between the apartments and stores and connected to a central station.
(b)
Each entrance stairs shall have a hard-wired
carbon monoxide and smoke detector.
(c)
Fire alarm pull handle shall be installed in
common apartment hall and in the individual stores.
(d)
If a building is handicap accessible, than a
strobe shall be installed in the retail, office, restaurant and access
stairs for the apartments.
(5)
Mailboxes shall be located outside the lobby
adjacent to the front entrance.
I.
Maintenance of properties.
(1)
Snow removal and property maintenance shall
be provided by landlord. Snow shall be removed within 12 hours after
end of storm.
(2)
Garbage shall be collected from dumpsters behind
protective enclosures.
(3)
The landlord shall designate an individual for
maintenance who can be contacted by tenants.
(4)
The apartments shall be inspected for compliance
by the Building Department under rental housing permit requirements
at a minimum of every other year.
[1]
Editor's Note: Former § 155-21,
Industrial districts, was repealed 3-23-2005 by L.L. No. 1-2005. Former
§ 155-21, Enterprise Waterside Zone (E-2) District, added
9-26-2007 by L.L. No. 8-2007, was repealed 10-16-2008 by L.L. No.
5-2008. This local law also repealed former §§ 155-21.1,
Uses in the E-2 District, 155-21.2, Regulations in the E-2 District,
and 155-21.3, Design guidelines for E-2 District, added 9-26-2007
by L.L. No. 8-2007, which immediately followed this section.
[Amended 2-24-1999 by L.L. No. 2-1999; 6-26-2002 by L.L. No. 5-2002]
A.
Legislative purpose. The purpose of this section is
to allow recreational opportunities on public lands and private recreational
lands both above and below the mean high tide mark. The primary uses
on the property shall be water-dependent recreation, open space or
parks.
B.
Marine recreational uses shall conform to the following:
(1)
Any non-water-dependent recreational uses shall be
located away from the water to the maximum extent practicable.
(2)
No structures shall be higher than 26 feet with a
maximum of two stories, as measured from the established street grade,
nor be erected nearer to any property or street line than a distance
of 30 feet.
(3)
The maximum impermeable lot coverage shall be 50%,
and no portion of underwater lands shall be used in this calculation.
(4)
Any accessory buildings shall be on the same lot and
landward of any principal building.
(5)
Visual access shall be preserved from the public streets
through the property to Manhasset Bay or any adjacent inlet, cove
or creek opening into the Bay, subject to site plan review.
(7)
Docks and piers shall be permitted within a setback
only if no building is located on them.
C.
Permitted upland uses:
(1)
Marine recreational facilities such as: swimming access
or beaches, boating facilities for temporary loading and unloading,
docking and seasonal storage of dinghies or small nonmotorized vessels
and boat ramp for small vessels.
(2)
Parkland and recreational facilities, except for water
parks and amusement parks.
(3)
Loading and unloading of commercial fishing boats.
(4)
Commercial excursion, open party, ferry/shuttle, water
taxi, and charter boat facilities, but excluding car ferries, ground-effects
craft or high-speed ferries.
(5)
Offices, restrooms, and storage facilities for the
uses listed above.
D.
Accessory uses.
(1)
The following accessory uses may be permitted:
(a)
Concession facilities for the sale of food and
beverages, and marine-related retail.
(2)
Such accessory uses may be permitted when the following
criteria are met:
(a)
The accessory use does not displace any of the
land, dock or water uses committed to water-dependent recreation unless
comparable space is available on the same site or within the zoning
district in which the recreation is located.
(b)
Public access to and along the shore shall be
provided for patrons.
E.
Underwater marine recreational uses shall conform
to the following:
[Added 3-23-2005 by L.L. No. 1-2005[1]]
A.
Legislative purpose of Enterprise (E-1) District.
There is established an Enterprise (E-1) District to facilitate a
mixture of commercial, residential, water-dependent, and water-related
enterprises to replace the former I-2 and I-3 Districts of the Village
and to be compatible with the surrounding residential and C-1 Districts.
The existing I-2 and I-3 zoning is clearly inappropriate for the properties
in these districts and the Enterprise District will not only benefit
these properties but will also benefit and enhance the properties
in the surrounding residential and C-1 Districts.
B.
Location of Enterprise District. The Enterprise District
shall consist of the I-2 and I-3 Districts of the Village, which are
hereby eliminated and, in addition, such area of the Village zoned
G-2 immediately adjacent to the I-3 District; however, only to the
extent that such property zoned G-2 is not owned by any governmental
entity on the date of enactment of this local law.
C.
New York State Department of Environmental Conservation.
Any conversion from an existing use, whether permitted or preexisting
nonconforming hereunder, to a permitted residential use or a permitted
use associated with the consumption of food and/or beverages shall
be referred to the New York State Department of Environmental Conservation
for such review as it may deem appropriate.
[1]
Editor's Note: This local law also repealed
former § 155-23, Industrial Research (I-2) District, as
amended.
[Added 3-23-2005 by L.L. No. 1-2005[1]]
A.
Permitted uses. A building, structure or facility
may be used, erected, maintained, repaired or altered, and a lot may
be used, for any of the following uses:
(1)
Uses associated with arts and crafts, including painting,
sculpting, pottery, ceramics, jewelry-making, giftware and the like,
including the creation and sale of such items, except that the use
of welding and soldering equipment or kilns shall require a special
use permit from the Board of Zoning and Appeals.
(2)
Art instruction classes.
(3)
General office uses.
(4)
Nautical and related research uses.
(5)
Indoor participant sport uses, such as tennis, squash
and racquetball courts.
(6)
Outdoor sports uses, such as tennis courts, with a
special use permit from the Board of Zoning Appeals.
(7)
Self-storage facilities where the storage of combustible
materials is prohibited and trucks serving such facilities shall have
a gross weight (GWT) of no greater than 20 tons, with a special use
permit from the Board of Zoning and Appeals.
(8)
Marine retail facilities, such as those for the sale
and display of new boats, and marine supplies; the sale of marine
engines, parts and electronic equipment; and the sale of fishing supplies
and marine sporting equipment; outside storage and display of new
and used boats for sale to the general public, provided that such
storage is an accessory use to a use under this subsection.
(9)
Marine-related educational facilities, such as sailing
schools.
(10)
Restaurants and other food and beverage establishments
that are either dependent upon marine uses in the C-1 Zone or nondependent,
except for drive-ups, drive-ins and drive-throughs, and only with
a special use permit from the Board of Zoning and Appeals, excluding
separate, freestanding cocktail lounges or bars.
(11)
Indoor manufacture of boats, dependent upon
marine uses in the C-1 Zone or nondependent with a special use permit
from the Board of Zoning and Appeals.
(12)
Clubs associated with marine recreation that
are affiliated with marine uses in the C-1 Zone, such as sailing clubs,
health clubs and other daily admission nonmembership clubs, with a
special use permit from the Board of Zoning and Appeals.
(13)
Indoor rack storage facilities for boats, dependent
upon marine uses in the C-1 Zone or nondependent, with a special use
permit from the Board of Zoning and Appeals.
(14)
Indoor marine vessel repairs, dependent upon
marine uses in the C-1 Zone or nondependent, with a special use permit
from the Board of Zoning and Appeals.
(15)
Professional uses as licensed by the New York
State Department of Education.
(16)
Educational or religious uses chartered by the
State Education Department or Secretary of State.
(17)
Retail stores and shops.
(18)
Personal service establishments, such as tailors,
hairdressers and nail salons, not to include any enterprise which
includes massage or tatooing.
(19)
Trade stores.
(20)
Hotels.
(21)
Single-family and two-family residential development,
which shall conform to the following regulations:
(a)
No building permit shall be issued for any use
unless the applicant has first obtained building plan and site plan
approval as required by law.
(b)
The maximum density shall be two dwelling units
per 5,000 square feet of gross acreage.
(c)
The minimum distance units shall be located
from the public road or other state, county, town or Village properties
shall be 20 feet.
(d)
The maximum allowable total composite lot coverage
for all housing units and other structures shall be 28%.
(e)
The buildings shall not exceed 26 feet and two
stories in height, as measured from the established street grade adjoining
the property.
(f)
The minimum front yard and rear yard setbacks
shall be 20 feet. The minimum side yard setback shall be 10 feet.
(g)
Each dwelling unit shall have at least two on-site
parking spaces and at least one of such parking spaces shall be enclosed,
and there shall be no parking below the established grade.
(h)
No structures or accessory uses, except for
parking, shall be permitted in the front yard.
(i)
A dwelling unit shall be no less than 900 square
feet in floor area.
(j)
Accessory uses shall be limited to those permitted
in the R-1 and R-2 Districts.
(k)
Existing structures may be incorporated into
the overall design, provided that they comply with the regulations
in this chapter for new structures.
(l)
Access to individual units shall be directly
from the exterior of the building or structure only.
(m)
The height of the average grade of the habitable
areas shall conform to the grades required in applicable state laws
by the National Flood Insurance Program.
(n)
Buffering from existing commercial uses shall
be established by the applicant at the time of development, as required
by the Architectural Review Board. If adjacent commercial uses increase
hours of use. noise levels, lighting, fames or other undesirable impacts
after development of the residential units and establishment of the
approved buffer, additional buffering shall be the responsibility
of the commercial use.
(22)
Mixed use, as defined in this chapter, with
a special permit from the Board of Zoning and Appeals, and subject
to the following provisions:
(b)
Mixed use shall be permitted only in buildings
which conform to the New York State Uniform Fire Prevention and Building
Code for the proposed mixed use.
(c)
The residential and nonresidential uses in a
mixed use building shall have separate means of access (this is, the
entrance/exit for the residential use shall not be through the nonresidential
use of the building and vice versa), except that the Board of Zoning
and Appeals may, at its discretion, approve the use of a common lobby
or plaza.
(d)
The respective uses of the building shall each be provided with the number of parking spaces required by § 155-46 herein.
(e)
Residential use shall not be permitted in a
building housing a bowling alley or any other use deemed by the Board
of Zoning and Appeals to be incompatible with the residential use
of the building.
(23)
The conversion of a building existing as of the effective date of this section to residential or mixed use, notwithstanding that the dimensional requirements of § 155-24C(2) through (10) may not be met, with a special permit from the Board of Zoning and Appeals, and subject to the provisions of § 155-24A(22) as applicable.
B.
Accessory uses.
(1)
Accessory residential use by an artist or craftsman/woman under Subsections A and B. with a special use permit from the Board of Zoning and Appeals and consistent with the definition of "family" under § 155-6, with a further requirement of one parking space for such accessory residential use. No sublease or assignment of lease shall be permitted.
(2)
Same-site off-street parking in conjunction with uses
in the E-1 District.
(3)
Parking lots, garages and parking structures to provide off-site parking for businesses in the adjacent C-1 Zone, subject to site plan review by the Board of Trustees and consistent with the provisions of §§ 155-45 and 155-46. Overnight parking in such parking facilities shall be prohibited. No such parking lot shall be leased or assigned to another entity, and no permit or license for its use shall be issued.
C.
Regulations for nonresidential and mixed uses. Nonresidential
and mixed uses in the E-1 District shall conform to the following
minimum regulations:
(1)
No building permit shall be issued for any use unless
the applicant has first obtained building plan and site plan approval
as required by law.
(2)
Buildings shall not exceed 26 feet and two stories
in height, as measured from the established street grade adjoining
the property.
(3)
Each building shall not cover less than 600 square
feet of ground floor space. Building height shall not be less than
1 1/2 stories; notwithstanding the above, a one-story building
is permitted, provided that there is a parapet of at least 2 1/2
feet all around the building or gable.
(4)
The minimum lot area shall be 4,000 square feet, except
for attached row stores for retail trade, which must have a minimum
lot area of 2,000 square feet.
(5)
The minimum width of the lot for each building, together
with the accessory buildings appurtenant thereto, shall be 40 feet,
except for attached row stores for retail trade which must have a
minimum width of 20 feet.
(6)
The minimum front yard setback shall be 20 feet.
(7)
A corner lot shall have a front yard along its principal
frontage. A corner lot shall also have a front yard along its side
street frontage of a minimum of 10 feet.
(8)
The minimum rear yard setback shall be 10 feet.
(9)
No side yard setback shall be required unless it abuts
the residential district or residential use, in which event a minimum
side yard setback of 10 feet is required.
(10)
The maximum allowable lot coverage shall be
70%.
D.
Design guidelines. It is the objective of these guidelines
to establish a general design framework for creating the desired architectural
character and scale of buildings in the Enterprise District; to help
assure that such areas will be visually attractive and will blend
landscaping and structures in a manner which relates harmoniously
to the existing and/or planned character of the area; and to create
visual interest and variety in the treatment of architectural surfaces.
(1)
Overall site design shall be appropriately related
to other existing, proposed, planned and/or future surrounding development
and the purposes of this chapter.
(2)
Building and site design shall be planned to enhance
the pedestrian experience.
(3)
Buildings shall be harmonious and compatible with
other existing, proposed, planned and/or future neighboring structures
in terms of the following exterior design elements:
(a)
The nature and use of surface materials.
(b)
The spacing and proportion of window and door
openings, bays or other aspects of building fenestration.
(c)
Colors, textures and the general nature of exterior
materials and treatment, including building ornament and trim.
(d)
Treatment, screening and/or enclosure of all
utility and mechanical installations.
(4)
Building facades shall present a varied appearance
at street level and be designed to give individual identity to each
building and/or use, as well as to help achieve the planned pedestrian
scale.
(5)
Treatment of the sides and rear of proposed buildings
shall be in a manner substantially consistent in appearance, amenity
and quality of materials to the treatment given to their street frontage.
(6)
A coordinated landscape, buffering and screening plan
shall be prepared, incorporating the landscape treatment of open spaces,
internal walkways and parking areas into a cohesive and integrated
design, including the use of fences for screening purposes, as deemed
appropriate by the approval authority.
(7)
The coordinated landscape, buffering and screening
plan shall include a mix of shade trees and other plant material,
such as ground cover and shrubs, with proper regard to factors such
as function of area and required maintenance in determining the species,
scale and planting pattern.
(8)
Walkways and other surface areas of paving material
internal to projects shall offer a variety of colors and textures
which are in harmony with other nearby existing, proposed, planned
and/or future buildings and other paved surfaces and shall be safe
for pedestrian traffic, including the handicapped.
(9)
Walkways internal to projects shall be planted with
regularly spaced, salt-tolerant shade trees, selected with regard
to the scale of the area in which they are located as well as the
height and spacing of streetlighting.
(10)
All landscaping as shown on the approved site
plan shall be maintained in a healthy growing condition throughout
the duration of the use or uses being served. Any plants not so maintained
shall be replaced by the property owner with healthy new plants of
comparable size, type and quality at the beginning of the next immediately
following growing season.
(11)
All signage shall be carefully integrated with
other site design elements. Signage shall be designed so that it is
visible and informative at the pedestrian scale. Signs shall not be
mounted above the eaves line of any structure or be placed in or attached
to any window.
(12)
Freestanding project identification signs shall
be permitted at certain access drives connecting to the external public
road system. Necessary small-scale informational and directional signs
shall also be permitted, as required.
(13)
All exterior lighting shall be of adequate illumination
for safety and security purposes. It shall be of such type and location
and shall have such shading as will prevent the source of light from
being visible from any adjoining streets and properties and shall
prevent glare from spilling onto other properties or streets. Lighting
shall be limited in its hours of operation, as determined appropriate
by the approving authority, and shall be coordinated with building
design and landscape plans. The height of lighting fixtures shall
be limited so as to be consistent with the planned pedestrian scale
of development.
(14)
All utility, storage, service and parking areas
on the site shall be screened by means of landscaping and/or fencing
to the extent deemed necessary and practical by the approval authority,
in order to minimize the impact of these areas.
[1]
Editor's Note: This local law also repealed
former § 155-24, Industrial, Light (I-3) District, as amended.
Educational, spiritual, recreational, cultural
and other uses (landside) permitted by this chapter shall conform
to the following:
A.
The occupant and owner shall be a member association
incorporated as a not-for-profit corporation, filed with the State
of New York, or a governmental corporation.
B.
Such uses shall have as their prime purpose service
to the members.
C.
No building or part thereof shall be erected within
a distance of 30 feet from any property or street line.
D.
Accessory uses permitted in R-1 Districts with a special
use permit shall be on the same lot as the principal building and
located in the rear yard, plus waterside uses limited to floating
museums and floating displays.
E.
No building shall have a height exceeding 26 feet
or two stories, as measured from the established street grade.
F.
The maximum lot coverage shall be 70%.
G.
Telecommunications facilities for the benefit of the
general public shall be a permitted use.
[Added 12-20-2006 by L.L. No. 7-2006]
G-2 governmental uses shall conform to the following:
A.
Landside uses:
(1)
The owner shall be a governmental corporation.
(2)
Such use shall have as its prime purpose a benefit
or service to the public, such as parks, wetlands, recreation facilities
and marinas.
(3)
No buildings or facilities shall be higher than 26
feet or two stories, as measured from the established street grade,
nor erected nearer to any property or street line than a distance
of 30 feet.
(4)
Accessory buildings shall be on the same lot and to
the rear of any principal building.
(5)
The maximum lot coverage shall be 70%.
[Added 2-24-1999 by L.L. No. 3-1999]
A.
Legislative purpose. The purpose of the Marine Preservation
District is to conserve natural resources and open space in order
to provide opportunities for public enjoyment of and education about
natural resources.
B.
Permitted upland uses.
[Amended 6-26-2002 by L.L. No. 4-2002]
(1)
The following uses are permitted in the lands
that are above the mean high tide mark in the MP District, provided
that natural resources protection is assured:
(a)
Conservation and restoration of natural resources,
particularly those related to wetlands, water quality, living resources
and public trust lands;
(b)
Stormwater and drainage facilities, including
retention/detention basins and vegetated buffer areas;
(c)
Passive recreation and public access and facilities
such as footpaths, boardwalks, park benches, nature trails, blinds
and scenic overlooks; and
(d)
Facilities associated with public environmental
education.
C.
Accessory uses. Parking is permitted as an accessory
use, provided that the scale and location of parking is consistent
with:
D.
Permitted underwater uses. The following uses are
permitted in the lands that are underwater in the MP District, provided
that natural resources protection is assured:
[Added 6-26-2002 by L.L. No. 4-2002]
E.
Underwater marine recreational uses shall conform
to the following:
[Added 6-26-2002 by L.L. No. 4-2002]
