No structure in the Business A District shall
be erected or used and no lot or premises shall be used except for
one or more of the following purposes:
The following uses are permitted by special
permit in the Business A District:
A.
Restaurant, where all food is prepared, served and
consumed on the premises. Drive-in restaurants of all types are hereby
specifically prohibited.
B.
Bank drive-in windows.
C.
One dwelling unit per 4,000 square feet of lot size,
up to a maximum of two such dwelling units per lot regardless of lot
size, as an accessory use located within the same building as a retail
store, shop or personal service establishment, public or private office,
school or studio or workroom of a craftsman or tradesman, subject
to the following:
D.
Workroom of a craftsman or tradesman incidental to
the retail sale of such craftsman's or tradesman's products.
E.
Gasoline service station; provided, however, that
if such special permit is issued, the following restrictions shall
apply:
(1)
No dismantling of automobiles or other motor vehicles
shall be performed out of doors.
(2)
Pumps shall be located at least 20 feet from any street
line or highway right-of-way.
(3)
All lubricating devices shall be located within a
building.
(4)
All fuel, oil or similar substances shall be stored
at least 25 feet distant from any street or lot line.
(5)
All automobile parts, dismantled vehicles and similar
articles shall be stored within a building.
(6)
Any area used to conduct repair work on automobiles
or any area used for the storage of automobiles or automobile parts
shall be enclosed, or the entire perimeter thereof shall contain a
five-foot-wide buffer area within which there shall be either trees
or fencing or a combination thereof.
(7)
In the case of gasoline service stations erected after
the date of enactment of this chapter, the entire perimeter of the
lot upon which such gasoline service station is located shall contain
a five-foot-wide buffer area within which there shall be either trees
or fencing or a combination thereof as determined by the Planning
Board pursuant to its site plan review powers.[1] Such buffer area shall be maintained in the same manner
as buffer areas within the Business A District generally.[2] Where other provisions of this chapter require buffer
areas in excess of five feet in width, such other provisions, if applicable,
shall take precedence over the foregoing. In cases where a buffer
area adjoins the street line of any premises, vehicular driveways
for ingress and egress shall be permitted, provided that the total
width of such driveways shall not be greater than 30% of the street
line. The location of such driveways shall be determined by the Planning
Board during site plan review of the premises.
(8)
Excessive or annoying levels of noise within the control
of the owner or occupant of the premises shall be prohibited.
(9)
Existing gasoline service stations.
(a)
Gasoline service stations in existence on the
date of enactment of this chapter shall conform to the foregoing regulations
not later than one year after such date of enactment, with the following
exceptions:
[1]
Existing stations need not comply with the provisions of Subsection E(2), provided that the owner or operator of the station can demonstrate and prove to the satisfaction of the Building Inspector, with the right of appeal to the Zoning Board of Appeals, that the location of the pumps does not present an undue safety hazard which would be substantially alleviated or removed if the subsection were complied with.
[2]
Existing stations need not comply with the provisions of Subsection E(4) in regard to existing underground storage tanks, provided that the owner or operator of the station can demonstrate and prove to the satisfaction of the Building Inspector, with the right of appeal to the Zoning Board of Appeals, that the location of the tanks does not present an undue safety hazard which would be substantially alleviated or removed if the subsection were complied with.
(b)
In the event of difficulty or inability to comply
with such regulations, the owner or operator of an existing gasoline
service station may apply to the Zoning Board of Appeals for relief,
which Board shall hear the matter in the same manner as an application
for a special permit.[3] Following such hearing, the Zoning Board of Appeals may
grant or deny the relief requested or grant such relief subject to
conditions.
[3]
Editor's Note: See Art XIV, Special Permits.
F.
Licensed nursery school and licensed day-care center.
G.
Accessory uses of such property on the same lot with
and customarily incidental to any of the uses permitted by special
permit, provided that such accessory use shall be used only in a manner
as permitted in the Business A District.
Any person desiring to use premises for one
of the foregoing uses permitted by special permit shall petition the
Zoning Board of Appeals for such permit.[1]
[1]
Editor's Note: See Art XIV, Special Permits.
No structure shall be erected or used and no
lot or premises shall be used for any trade, industry or business
that is noxious or offensive by reason of odor, dust, smoke, gas,
pollutants, vibrations or noise, which are hereby classified as nuisances.
Where recognized standards for acceptable levels of emissions of the
foregoing nuisances have been established by an agency of the County
of Nassau, such standards shall be considered the minimum acceptable
under this section.
No building shall be erected on a lot containing
less than 4,000 square feet, nor shall more than one principal building
be erected on each 4,000 square feet of such lot.
[Amended 2-13-2023 by L.L. No. 1-2023]
Lot coverage shall not exceed 80% of the lot
area.
No building shall be erected on any lot having
a front property line of less than 40 feet.
Every part of a principal building shall be
set back from the front property line of the lot upon which it is
situated at least three feet.
No building shall be erected on any lot having a width at the setback line which is less than the minimum front property line required by § 138-807 of this chapter.
[1]
Editor's Note: Former § 138-810, Fire limits designation,
was repealed 6-14-2010 by L.L. No. 5-2010.
[Amended 6-14-2010 by L.L. No. 5-2010]
No building shall be erected on any lot containing
a side yard less than 10 feet in width, unless such building is erected
directly on the side property line with no side yard provided.
Subject to the further restrictions regarding
buffer area,[1] no principal building shall be erected on any lot containing
a rear yard less than five feet in depth.
No building shall be erected so that any part
thereof shall be more than 35 feet or three stories above ground level,
whichever is less; provided, however, that spires, belfries, cupolas
and domes of churches, synagogues or other places primarily devoted
to public religious worship shall be excluded from the foregoing height
limitations as long as no part thereof shall be used for human habitation.
Any premises used exclusively for one-family
dwelling purposes in the Business A District shall be subject to the
same requirements as specified for one-family dwellings in the Residence
A District.
In addition to the requirements heretofore imposed,
the following additional restrictions are placed on the erection of
accessory buildings:
A.
No accessory building shall be erected in any front yard. A porch constructed or existing in the front yard and connected to the front wall of the principal building shall be excluded from this Subsection A unless such porch is heated or air conditioned by mechanical means.
[Amended 3-9-2009 by L.L. No. 3-2009]
B.
An accessory building erected in a side yard shall
be located at least 10 feet from the side property line of the lot.
D.
The maximum gross floor area of an accessory building
shall be 500 square feet.
E.
An accessory building shall not exceed a height of
15 feet.
F.
Only one accessory building having a gross floor area in excess of 120 square feet and a height of eight feet shall be permitted on a lot. Construction or replacement of three or more accessory buildings on a lot shall be permitted only upon application to and issuance of a variance by the Zoning Board of Appeals. For purposes of this Subsection F, air conditioner condenser units shall not be deemed accessory buildings.
[Added 6-21-1982 by L.L. No. 2-1982,
effective 6-24-1982; amended 3-9-2009 by L.L. No. 3-2009]
A.
To protect adjacent property, any Business A District
premises which directly abuts property in a residence district shall
have a minimum buffer area 10 feet wide adjacent to the property in
the residence district. Within this buffer area there shall be either
trees or fencing or a combination thereof, as determined by the Planning
Board pursuant to its site plan review powers,[1] in order to obscure the Business A District premises from
the view of the adjoining property in the residence district.
B.
In addition to the aforesaid buffer area, any Business
A District premises which directly abuts property in a residence district
shall have a minimum border area 10 feet wide adjacent to the buffer
area.
C.
Where a Business A District premises does not abut
directly upon property in an adjacent residence district but is separated
therefrom by a street, the minimum buffer area described above shall
be five feet wide along the adjacent street line, and no border area
shall be required. In such cases where a buffer area adjoins the street
line of any premises, vehicular driveways for ingress and egress shall
be permitted, provided that the total width of such driveways shall
not be greater than 30% of the street line. The location of such driveways
shall be determined by the Planning Board during site plan review
of the premises.[2]
D.
The aforesaid buffer area and all trees and shrubs
required to be planted and fences required to be erected therein shall
be maintained regularly by the owner or owners of the properties in
the Business A District. Such maintenance shall include but shall
not be limited to the replacement of trees and shrubs which shall
die or otherwise become infected, infested, destroyed or decayed;
the replacement of fences which shall fall into disrepair; and the
general maintenance of the buffer area in a clean, healthful, sanitary
and aesthetic condition.
E.
The owner or owners of record of the property involved
shall replace trees or shrubs and/or repair or replace a fence or
fences as provided in the preceding subsection within 15 days after
the mailing (by certified mail, return receipt requested) of a notice
directing same by or on behalf of the Board of Trustees to said owner
or owners at the address of record set forth in the current tax assessment
rolls of the Village of Sea Cliff. In the event that such notice shall
not be duly and timely complied with, the work in question shall be
performed on behalf of the Board of Trustees, and the entire cost
thereof, including any attorneys' fees incurred, shall be assessed
by the Board of Trustees upon the real property in question. The expenses
and fees so assessed shall constitute a lien and charge upon such
real property until paid or otherwise satisfied or discharged and
shall be collected in the same manner and at the same time as other
charges, taxes and assessments of the Village of Sea Cliff.
F.
No buffer area shall be maintained in such a manner
as to cause danger to traffic upon any street or public place in the
Village by obscuring a clear view. In the event that the Building
Inspector determines that strict compliance with the provisions of
this subsection will cause such danger, he shall refer the matter
to the Planning Board for a determination as to the type of screening
to be contained in such buffer area.
G.
The requirements of this section shall not apply to
premises in the Business A District which are used exclusively for
one-family dwelling purposes, nor to Business A District premises
which are used exclusively for a business other than a bar, cafe,
restaurant, delicatessen or similar establishment wherein food is
prepared, processed, packaged or sold for consumption on or off the
premises.
H.
Premises which are improved on the date of enactment
of this chapter shall conform to the foregoing requirements of this
section not later than one year after such date of enactment. In the
event of difficulty or inability to comply with such regulations,
the owner or owners of the affected properties may apply to the Zoning
Board of Appeals for relief, which Board shall hear the matter in
the same manner as an application for a special permit.[3] Following such hearing, the Zoning Board of Appeals may
grant or deny the relief requested or grant such relief subject to
conditions.
Parking requirements are contained in Article X.
