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.
[Added 4-13-2026 by L.L. No. 4-2026]
The Board of Trustees of the Village of Atlantic Beach hereby finds and determines as follows:
A.
Establishment of the Marine Recreation District. The Marine Recreation District ("MRD") was established to preserve and protect designated waterfront areas within the Village for recreational use, including private and commercial beach clubs, bathing facilities, and swimming facilities. The MRD reflects a longstanding community determination that these waterfront parcels serve the public interest most effectively when devoted to recreational rather than residential purposes.
B.
Incompatibility of residential use. Residential development within the MRD is fundamentally incompatible with the district's recreational purpose and character. The introduction of residential occupancy into an area zoned exclusively for beach and recreational use would irreversibly alter the character of the district, create land use conflicts with existing beach club operations, and undermine the zoning scheme that has governed the MRD since its establishment.
C.
Public health, safety, and environmental concerns. Properties within the MRD are located in coastal areas subject to flooding, storm surge, and other environmental hazards. Residential occupancy of structures in the MRD would expose inhabitants to significant safety risks, place additional demands on municipal emergency services, and create potential liability for the Village. The Board of Trustees finds that these risks are materially different from, and more severe than, the risks associated with the transient daytime recreational use for which the district was designed. The Board further finds that the existing legal nonconforming residential uses within the MRD—specifically, the gated townhouse complex known as Pebble Cove and the senior residential living facility known as the New Nautilus Hotel—predate current understanding of coastal hazards, current building and safety standards, and current floodplain management requirements. The existence of these nonconforming uses does not diminish the public safety concerns associated with new residential development; rather, the expansion of residential occupancy within the MRD would compound existing risk exposure and further strain emergency response capabilities.
D.
Infrastructure limitations. The municipal infrastructure serving the MRD—including roads, utilities, water supply, and sanitary sewer capacity—was designed and scaled to support seasonal, daytime recreational use. The existing legal nonconforming residential uses within the MRD already place demands on this infrastructure beyond its original design capacity. Additional residential occupancy would further exacerbate these demands and impose year-round burdens on infrastructure that was neither designed nor intended for expanded residential service levels.
E.
Neighborhood character. The grant of any variance permitting residential use within the MRD would produce an undesirable change in the character of the neighborhood by introducing a use that is wholly inconsistent with the surrounding recreational uses and the expectations of adjacent property owners and beach club members.
F.
Substantiality of any residential variance. Any variance permitting residential use in the MRD would constitute a substantial departure from the zoning scheme, as it would introduce a category of use that is diametrically opposed to the express purpose of the district. Such a variance would not represent a minor or incremental deviation but rather a fundamental change in the nature and character of the district.
G.
Detriment to the community. The Board of Trustees finds that granting variances for residential use in the MRD would be detrimental to the public health, safety, and welfare of the Village, and would substantially impair the intent and purpose of the Comprehensive Zoning Plan.
H.
Purpose. The findings set forth in this section are enacted to clarify and reinforce the original legislative intent of the Marine Recreation District, to provide clear guidance to the Building Inspector, Plans Examiner, and Board of Zoning Appeals regarding the application of the zoning code within the MRD, and to protect the health, safety, and welfare of the residents of the Village of Atlantic Beach.
I.
Legal nonconforming residential uses. The Board of Trustees acknowledges that there are existing legal nonconforming residential uses within the MRD, specifically the gated townhouse complex known as Pebble Cove and the senior residential living facility known as the New Nautilus Hotel, which were lawfully established prior to this Local Law and are entitled to the protections afforded to legal nonconforming uses under § 250-75 and Article II of this chapter. Nothing in this Local Law is intended to impair, diminish, or otherwise affect the rights of the owners or occupants of these legally established nonconforming uses, including their right to continue such uses and to seek area variances related to the maintenance, repair, or modification of existing structures in accordance with applicable law. The existence of these nonconforming uses, however, does not establish a precedent for, or justify the approval of, any new residential use within the MRD. The Board of Trustees finds that permitting additional residential development beyond these existing nonconforming uses would cumulatively increase the incompatibility of uses within the district, further strain municipal infrastructure, and progressively erode the recreational character that the MRD was established to preserve.
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.
[Amended 4-13-2026 by L.L. No. 4-2026]
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:
A.
Private or commercial beach clubs, excluding day camps, no part of which shall be designed or used for lodging or sleeping or any form of residential occupancy. For purposes of this section, the exclusion of day camps shall not prohibit a beach club from offering supervised recreational activities for children of its members and their guests as an amenity incidental to the primary beach club use, provided such activities are not offered on a separate enrollment or fee basis to the general public.
B.
Private or commercial bathing and swimming facilities, including cabanas and lockers, no part of which shall be designed or used for lodging or sleeping or any form of residential occupancy.
C.
Prohibited uses. Notwithstanding any other provision of this chapter or any prior interpretation thereof, the following uses are expressly prohibited in the Marine Recreation District:
(1)
Any residential use, including but not limited to:
(a)
Single-family dwellings.
(b)
Two-family dwellings.
(c)
Multi-family dwellings.
(d)
Townhouses or condominiums.
(e)
Apartments or residential units of any kind.
(f)
Mobile homes, manufactured homes, or recreational vehicles used for residential purposes.
(g)
Accessory dwelling units.
(h)
Caretaker residences or quarters.
(i)
Live-work units.
(j)
Artist lofts or studio residences.
(k)
Dormitories or group living facilities.
(l)
Overnight lodging facilities, including hotels, motels, inns, bed-and-breakfasts, or short-term rental accommodations.
(2)
Any structure or portion of a structure containing:
(a)
Sleeping quarters or bedrooms.
(b)
Kitchen facilities in individual cabanas or lockers, except as specifically permitted under § 250-74J.
(c)
Full bathrooms with bathing facilities (excluding showers in cabanas and lockers as specifically permitted under § 250-74J).
(d)
Living accommodations of any nature.
(3)
Any use that would result in overnight occupancy or habitation of any structure or premises within the district.
[Amended 2-13-2017 by L.L. No. 1-2017; 4-13-2026 by L.L. No. 4-2026]
A.
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.
B.
Notwithstanding any determination by the Building Inspector or Plans Examiner or any grant of special exception by the Board of Zoning Appeals, no accessory use shall include, permit, or facilitate any residential use, residential occupancy, overnight lodging, or sleeping accommodations of any kind, including but not limited to caretaker residences, employee housing, or any other form of dwelling unit. The Building Inspector, Plans Examiner, and the Board of Zoning Appeals shall not approve any accessory use that contains, permits, or could reasonably be converted to residential use.
[Amended 10-10-2006 by L.L. No. 2-2006; 8-10-2015 by L.L. No. 2-2015; 9-9-2024 by L.L. No. 5-2024; 4-13-2026 by L.L. No. 4-2026]
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:
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.
(1)
Special exceptions — residential use prohibition. Based upon the legislative findings set forth in § 250-69.1, the Board of Trustees finds that the grant of any special exception, special use permit, or conditional use permit for any residential use, residential occupancy, overnight lodging, sleeping accommodations, or any use enumerated in § 250-72C within the Marine Recreation District would be inconsistent with the legislative purpose and intent of the district, would produce an undesirable change in the character of the neighborhood, and would be detrimental to the public health, safety, and welfare. The Board of Zoning Appeals shall consider and apply these legislative findings when evaluating any application for a special exception within the Marine Recreation District.
(2)
Parking configuration in the Marine Recreation District.
(a)
Tandem and stacked parking prohibited without site plan approval. No tandem parking, stacked parking, or any other parking arrangement that increases the effective vehicle capacity of a parking area beyond the number of individually accessible, standard-sized spaces shall be established, operated, or maintained on any premises within the Marine Recreation District unless and until the Board of Trustees has approved a site plan for such arrangement pursuant to § 250-112.
(b)
Site plan review criteria. In reviewing any site plan application for a parking configuration described in Subsection F(2)(a), the Board of Trustees shall consider, in addition to the criteria set forth in § 250-112:
[1]
Whether the proposed parking arrangement is consistent with the permitted recreational use of the premises and the character of the Marine Recreation District;
[2]
The impact of the proposed arrangement on traffic circulation, pedestrian safety, and emergency vehicle access within the district;
[3]
Whether the increased parking capacity would result in an intensity of use that exceeds what is appropriate for the district; and
[4]
Whether the applicant has explored the use of off-site parking, including parking available through lease from the Village, as an alternative to on-site intensification.
(c)
Legislative findings. The Board of Trustees finds that tandem, stacked, and other parking arrangements that increase effective vehicle capacity beyond individually accessible spaces in the Marine Recreation District raise concerns regarding traffic circulation on narrow district roadways, pedestrian safety in areas with heavy seasonal foot traffic, emergency vehicle access to oceanfront properties, and the potential intensification of use beyond what the district's infrastructure and recreational character were designed to accommodate. These findings support the requirement of Board of Trustees site plan approval for such arrangements.
(d)
Existing arrangements. Any tandem, stacked, or other parking arrangement described in Subsection F(2)(a) in operation within the Marine Recreation District as of the effective date of this subsection without prior site plan approval from the Board of Trustees shall be subject to review. The operator of any such arrangement shall submit a site plan application to the Board of Trustees within 120 days of the effective date of this subsection. The Board of Trustees may, in its discretion, approve, modify, or deny the continuation of any such arrangement.
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, microwave, 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. No cabana or locker shall contain any bedroom, sleeping area, bed, couch or other furniture suitable for sleeping, or any other feature that would facilitate overnight occupancy or residential use. No cabana or locker shall be designed or constructed in a manner that would permit or facilitate conversion to residential use. Individual cabanas and lockers shall not contain stoves, ovens, ranges, cooktops, or cooking appliances beyond a kitchen sink, microwave, and refrigerator, regardless of whether such cabana or locker is located at a beach club that has commercial kitchen facilities in its main building. The Building Inspector or Plans Examiner may use any reasonable means to determine that the above-limited uses are being complied with, including the requirement of the submission by the beach club owner of an affidavit stating that the statutory requirements are being complied with and that the cabana or locker is not being used for any residential purpose or overnight occupancy.
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.
(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.
N.
No sheds or stand-alone structures shall be permitted in the front yard or side yards of a property without a special exception from the Board of Zoning Appeals. The right to maintain any sheds or standalone structures in violation of the provisions hereof as a legal nonconforming use without obtaining a special exception shall terminate by amortization on December 31, 2024.
O.
The storage of motorized equipment under or south of the boardwalk is prohibited.
[Added 4-13-2026 by L.L. No. 4-2026]
A.
General prohibition. No building, structure, cabana, locker, or any other improvement within the Marine Recreation District shall be designed, constructed, altered, maintained, or used for any residential purpose or overnight human habitation. This prohibition is absolute and mandatory.
B. OVERNIGHT OCCUPANCY RESIDENTIAL USE
Definitions. For purposes of this section:
Means sleeping, residing in, or inhabiting a structure for any period, or using a structure as a dwelling place. For clarity, this prohibition does not apply to: i) permitted beach club events and parties as authorized under § 250-74M; ii) emergency shelter situations; or iii) brief late-night presence at beach clubs in connection with permitted activities, provided no sleeping or habitation occurs.
Means any use of land or structures for human habitation, dwelling purposes, or overnight occupancy, including but not limited to all uses enumerated in § 250-72C(1).
C.
Legislative findings regarding variances. The Board of Trustees, based upon the findings set forth in § 250-69.1, hereby determines and declares that the grant of any use variance or area variance that would permit, facilitate, or enable new residential use within the Marine Recreation District would:
(1)
Produce an undesirable change in the character of the neighborhood and be detrimental to nearby properties, which are devoted to recreational use;
(2)
Constitute a substantial departure from the zoning scheme applicable to the Marine Recreation District, as residential use is diametrically opposed to the district's express recreational purpose;
(3)
Create adverse impacts on the physical and environmental conditions in the neighborhood, including increased flood risk exposure, strain on infrastructure not designed for residential service, and incompatibility with existing recreational operations;
(4)
Require, before any claim of economic hardship is considered, that the applicant demonstrate the permitted recreational uses available within the district have been fully explored and exhausted; and
(5)
Be detrimental to the public health, safety, and welfare of the Village, and would substantially impair the intent and purpose of the comprehensive zoning plan.
The Board of Zoning Appeals shall consider and apply these legislative findings when evaluating any variance application relating to residential use within the Marine Recreation District. Nothing in this subsection shall be construed to eliminate or diminish the Board of Zoning Appeals' jurisdiction under Village Law § 7-712-b to hear and determine variance applications; rather, these findings are provided to guide the Board of Zoning Appeals in applying the statutory variance criteria established by state law.
D.
Design and construction standards. No building permit shall be issued for any structure unless the Building Inspector or Plans Examiner determines that:
(1)
The structure is physically incapable of residential conversion without substantial reconstruction;
(2)
The structure contains no bedrooms, sleeping areas, or overnight accommodation facilities;
(3)
Kitchen facilities in individual cabanas or lockers, if any, are limited to those expressly permitted under § 250-74J (kitchen sink, microwave, and refrigerator only). Commercial kitchen and food service facilities are permitted in beach club buildings and structures for the purpose of serving beach club members and guests, and such facilities shall be designed and operated as commercial food service operations and not for residential meal preparation;
E.
Monitoring and enforcement.
(1)
The Building Inspector and Plans Examiner shall have the authority to inspect any structure in the Marine Recreation District at reasonable times to ensure compliance with this prohibition.
(2)
Any structure found to be used for residential purposes shall constitute a violation subject to the penalties set forth in § 250-124 of this chapter and any other applicable provisions.
(3)
Each day that a violation continues shall constitute a separate offense.
(4)
Evidence of residential use may include but is not limited to: overnight occupancy, utility usage patterns consistent with residential occupancy, furnishings or equipment typical of residential use, mail delivery, or any indication of habitation. The Building Inspector shall exercise reasonable professional judgment in evaluating complaints and shall not conduct repeated inspections of the same premises based on unsubstantiated complaints.
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.