The Board of Trustees recognizes the unique
and fragile nature of the oceanfront along the Atlantic Ocean on Long
Beach Island. The Board of Trustees is mindful of the existing municipal
and recreational uses at the eastern end of the island, and it believes
that such similar uses as they presently exist should be continued
along the waterfront on the western end of the island both within
and without the Incorporated Village of Atlantic Beach. Furthermore,
the Board of Trustees is desirous of conserving and protecting the
natural beauty, scientific and historic resources of this area. The
Board of Trustees additionally notes both the established character
of the area which is public and private beach clubs and vacant land,
and the variety of federal, state, municipal and private actions which
combine or will combine to maintain the existing area character. Therefore,
the Board of Trustees believes that this article is in the public
interest and will promote the utilization of land for the most appropriate
and especially suited purposes.
In a Marine Recreation District (MR), buildings
and structures may be erected, altered or used and lots or premises
may be used in accordance with the provisions of this article.
Every application for a building permit for the construction of new buildings in the Marine Recreation District (MR) shall be subject to site plan approval by the Board of Trustees, as provided under Article XV, § 250-112, of this chapter. Such approval shall be in addition to any variances or special exceptions which may be required from the Board of Zoning Appeals.
A building or structure may be erected, altered
or used and a lot or premises may be used for the following purposes
and no other:
[Amended 2-13-2017 by L.L. No. 1-2017]
Accessory uses on the same lot with and customarily incidental to any of the above-permitted uses are permitted, only upon the grant of a special exception by the Board of Zoning Appeals pursuant to Article XIII of this chapter. The determination of whether any proposed use is customarily incidental shall be made by the Building Inspector, subject to review upon appeal by the Board of Zoning Appeals as provided under applicable law. In addition to compliance with the off-street parking requirements for principal permitted uses under § 250-72 hereof as set forth under § 250-125 of this chapter, there shall also be such compliance with the off-street parking requirements for each approved accessory use, as such use is further designated under the said § 250-125 of this chapter.
No building or structure may be erected, altered
or used and no lot or premises may be used except in conformity with
the following regulations:
A.
Minimum lot area and frontage. No building or structure
shall be erected, altered or used except on a lot having a minimum
area of 15,000 square feet and having a minimum frontage of 150 feet
on a public highway and 150 feet on a waterway.
B.
Front, side and rear yards. Each improved lot shall
have a front yard setback of not less than 25 feet and side yards
of not less than 10 feet for each yard. The rear yard is defined to
be the open space contiguous to the southerly or shoreline side of
each parcel and extending across the entire width of same. There is
no required rear yard depth for the purpose of this subsection. However,
all other applicable restrictions affecting this area shall continue
with full force and effect.
C.
Buildable land, excavations and fill. No building,
structure or improvement shall be erected, altered or used except
on buildable land. "Buildable land" is land within a Marine Recreation
District (MR), which has a grade of four feet above mean sea level,
Nassau County datum, which is not defined as tidal wetlands by Article
25 of the Environmental Conservation Law of the State of New York
and which is not otherwise restricted by any other provision of law
or instrument of record. Buildable land shall not be created by fill
which is obtained anywhere within a Marine Recreation District. Excluding
permitted landscaping or excavating to construct a permitted driveway,
parking lot, walk, wall or building or part thereof or accessory thereto,
the following actions subject to the grant of a special exception
by the Board of Zoning Appeals:
D.
Height.
[Amended 8-10-2015 by L.L. No. 2-2015]
E.
Signs. Notwithstanding any other provision of this
chapter, each club may have one sign not larger than eight square
feet, bearing only the club or facility name.
F.
Special uses. Special uses when approved by the Board of Zoning Appeals pursuant to Article XIII are permitted.
G.
Off-street parking. The accessory parking regulations specified in Article XV, § 250-125A(3), shall be complied with; provided, however, that such basic requirement shall be increased by the applicable accessory parking regulation for each such additional accessory use which may be permitted as a special exception by the Board of Zoning Appeals. Private or commercial bathing and swimming facilities providing only lockers and shared shower and sanitary facilities shall comply with the accessory parking requirements of Article XV, § 250-125A(7).
H.
Access driveway. No access driveway to any parking
area shall be nearer than 50 feet to any premises zoned for residential
use.
I.
Swimming pools. No aboveground pools are permitted. All swimming pools shall be in-ground, of permanent construction and shall comply with the provisions of Article XI of this chapter and/or any directive of the Building Inspector.
J.
Cabanas and lockers. Cabanas and lockers shall not
exceed eight feet in height and 700 cubic feet in total size. Such
units may be equipped with the following appliances and appointments:
lavatory, shower, kitchen sink and refrigerator and no other and shall
only be used for the purposes of showering and dressing in conjunction
with the use of the ocean, swimming pool or other club facilities.
The Building Inspector may use any reasonable means to determine that
the above-limited uses are being complied with, including the requirement
of the submission by the cabana or locker owner or user of an affidavit
stating that the statutory requirements are being complied with.
K.
Recreational court facilities. Court games shall not
be constructed in the required yards. Loudspeaker devices shall be
prohibited. Lighting installed in connection therewith shall not throw
any rays beyond property lines of the building plot.
L.
Sewage disposal. No building or use shall be permitted
unless provided with municipal sewage disposal facilities or unless
an independent sewage disposal system has received prior approval
by the Nassau County Department of Health.
M.
Restrictions on events at beach clubs.
[Added 10-10-2006 by L.L. No. 2-2006]
(1)
No indoor or outdoor area of a private or commercial
beach club (including beach area) shall be used, leased or hired out
as a place for the conduct of any party, catered affair, or other
event in which food and/or drink may be furnished, or at which music
and/or entertainment and/or dancing may be featured or permitted.
(2)
The above prohibition shall not apply to a party or
similar event that is conducted during the time from Memorial Day
weekend to Labor Day weekend, by and for the beach club’s membership.
(3)
The term “by and for the beach club membership”
in the above subsection shall not include parties and occasions held
by one or several members for their own personal family and friends,
who are not necessarily members of the club.
(4)
The legislative intent of this subsection is not to
create any new prohibition, but to clarify that it is not, and has
never been, a lawful use in the Marine Recreation District for a beach
club to use or hire out its premises as a place in which beach parties
may be held (a) by nonmembers or groups such as commercial, fraternal,
or charitable entities, or (b) for private family functions of individual
members, such as weddings or bar mitzvahs. Rather, these types of
functions are strictly for membership and the invited guests of attending
members, and it is the intent of the Village to strictly enforce that
requirement, for the benefit of nearby residents and the Village as
a whole.
A.
Nonconforming structures and uses shall be regulated as provided by Article II of this chapter. Legal nonconforming uses in existence on the effective date of this chapter not in compliance with the applicable accessory off-street parking requirements of Article XV, § 250-125A, shall not be required to comply with same as a condition for the continuation of the existing legal nonconforming use. The provisions of Article XV, § 250-112B shall continue to apply.
B.
Legal nonconforming buildings may be repaired and
maintained; however, such repair and maintenance shall not increase
the physical dimensions or permitted occupancy of any building and
shall not expand the use.
A structure shall not be constructed over, into,
or in any waterway of the Town of Hempstead unless and until there
is compliance with the laws and requirements of the Town of Hempstead
relating to structures in waterways.
There shall be no structure permitted underneath
or built into the Boardwalk.
[Added 10-10-2006 by L.L. No. 2-2006]
No excavations for purposes other than the construction
of a driveway, walk, a permitted wall or building or part thereof
or accessory thereto, or to remove topsoil from one part of the lands
of an owner to another part of the same premises when such removal
is necessary as an accessory use, or any excavation of similar character,
shall be made unless approved by the Building Department.
[Added 10-10-2006 by L.L. No. 2-2006]
For all lots upon which any proposed grade change
is in excess of two feet, and where the total area of the lot containing
the proposed work is in excess of 100 square feet, no person, firm,
or corporation or entity shall alter the grade of any parcel of land
without first having obtained the approval of the Board of Zoning
Appeals. These regulations shall not apply to seasonal beach grading.
