The following regulations shall apply in all
Marine Commerce Districts.
A building may be used, erected or altered and
a lot may be used for any of the following purposes and no other:
A. Offices, clubs, hotels, motels and boatels, as defined in §
210-3, anything hereinafter contained to the contrary notwithstanding; the sale and display of new or used boats, marine supplies; and the sale of engines, parts, marine electronic equipment, fishing supplies and sporting equipment for use with or in conjunction with boats.
B. The storage and dockage of boats both in and out of water; the retail sale of marine fuel and oils, provided that the storage tanks for the same comply with §§
115-33 through
115-50 of Chapter
115, Fire Prevention; and the sale of bait, ice and cooking fuels.
C. Assembly of marine-related equipment and incidental
light manufacturing related to such activities.
D. The manufacture, construction, repair and maintenance
of boats in and out of water.
E. The repair of engines and their accessories and electrical
equipment, including machine shops, predominantly devoted to marine
equipment and conducted in enclosed buildings.
F. The sale of fish and shellfish, either at retail or
wholesale, the refrigerated storage of fish and the conducting of
commercial fishing, including the docking, loading and unloading of
fishing boats.
G. The storage of equipment for boats and the fishing
industry in open lots.
H. Restaurants, bars and grills and assembly halls.
J. The rental of docking space, lockers, dressing rooms
and rest rooms as an accessory use to the rental of dock space and
the renting of facilities for either private charter or open party.
K. Residential use.
(1) Residential use limited. One apartment may be erected
or maintained in connection with any commercial or mercantile building,
for the sole use and occupancy of the caretaker or the proprietor
of the establishment. Such apartment shall have a minimum of 600 square
feet of residential floor area and shall comply with all Village ordinances.
(2) Existing residences deemed conforming. Any residence
building existing at the time of the adoption of this article shall
be deemed a conforming use. It may thereafter be repaired, maintained
or replaced if destroyed; provided, however, that such residence shall
not be enlarged nor, except as a residence, may it or the premises
upon which it is situated be used for any purpose other than such
as is permitted hereunder.
L. All business, manufacturing and industrial uses heretofore
in effect on the date of the adoption of this section shall be permitted
in existing structures, and the structures housing such uses may be
maintained, repaired, altered and extended within the property lines
as now constituted and for such manufacturing and industrial uses.
However, if such structure has deteriorated or been damaged beyond
75% of its replacement value, such building may not be repaired or
rebuilt without conforming to the uses designated as permitted herein.
M. Stores and shops for conducting retail and service
businesses, where such uses are of the same general character as other
uses permitted herein or are appropriate or complementary to the marine
commerce character of the area, including but not limited to gift
and souvenir shops, boutiques, hardware, liquor and confectionary
stores, delicatessens, ice cream parlors and newspaper stores.
N. The outside display or sale of merchandise, provided
that such display or sale is accessory to a principal use on the premises,
and further provided that such outdoor display or sale is not situated
on the public right-of-way and does not impede pedestrian or vehicular
traffic or parking. Such outdoor display or storage shall be of a
temporary and portable nature.
O. The outside storage of boats for display or sale to
the general public, provided that such storage is an accessory use
to a business dealing in new or used boats within a totally enclosed
building.
P. Any other use which, in the opinion of the Zoning Board of Appeals, are of the same general character as or are similar to the uses specifically permitted herein, upon application to the Zoning Board of Appeals as provided in Article
II.
The following uses are prohibited:
A. Any use which may be obnoxious or offensive by reason
of the emission of odor, gas, smoke or dust or because of its nature,
such as refuse or garbage, or because of noise or other reason inimical
to the comfort, welfare, peace, health or safety of the community,
or that tends to create a public disturbance or annoyance.
B. Any use not specifically permitted shall be prohibited.
C. Anything herein to the contrary notwithstanding, all uses prohibited under §§
210-127 and
210-138 are hereby expressly prohibited.
D. Shooting galleries and penny or picture arcades wherein
coin-operated machines, such as pool tables, pong machines, pinball
machines or other similar coin-operated and amusement game machines,
are maintained, except that the above-described machines may be permitted
in any established business as permitted in the district as follows:
Each store or location with a square footage of 10,000 square feet
or less shall be permitted two amusement devices, and one additional
amusement device shall be allowed for each additional 10,000 square
feet of store space. Notwithstanding the foregoing, liquor-dispensing
establishments licensed by the New York State Liquor Authority shall
be permitted one amusement device for each 500 square feet of store
space.
No building or structure shall exceed 40 feet
in height or have more than three stories, except that such height
restrictions shall not apply to a flagpole, a water tank, an elevator
or stair bulkhead, an antenna for radio or television purposes or
a crane or derrick used for marine purposes. Height shall be measured
from the average level of the street curb grade to the highest point
of the building.
Every structure shall be so situated on its
lot as to provide front and rear yards of not less than five feet
in width and one side yard of not less than 10 feet in width, except
where such lot has a width of 40 feet or less, in which case no side
yard is required, and except along streets where greater setbacks
have been established. No rear yard shall be required where the rear
yard of the lot abuts on a canal or waterway and said lot has a depth
of less than 60 feet.
For all nonresidential uses of plots that abut
or are directly across a street from a Residence A District or a more
highly restricted district, there shall be provided a buffer area
of at least 20 feet in depth along the line where said nonresidential
use abuts or is directly across a street from a Residence A or a more
highly restricted district. Said buffer area shall not be used for
buildings, loading, storage or other accessory uses, except that said
buffer may be used for the storage of boats on grade only and off-street
parking lots. Except when used for on-grade boat storage or parking,
said buffer area shall be landscaped. In addition, an evergreen planting
strip or suitably designed fence shall be provided along the property
line abutting or directly across from the single-family residence
district to further buffer the area from residential uses.
Every nonresidential building hereinafter erected
shall provide a means of vehicular access to the rear or side or into
the building for loading and unloading purposes.
Parking space shall be provided as set forth in §
210-172.
No business shall be conducted with the public
on any plot or within any structure unless there shall have been provided
legal refuse and garbage receptacles and adequate toilet and washing
facilities for the use of the customers.