[Added 4-1-2003 by L.L. No. 3-2003]
A Planned Waterfront Residential Community (PWRC)
is established to promote and protect the public health, safety, property
values and general welfare of the Town of North Hempstead, and to
create the flexibility which is necessary to achieve environmentally
sensitive, economically beneficial and socially desirable development
on waterfront properties. The general comprehensive planning goals
for this district are to:
A.
Promote the most appropriate, desirable, and suitable
use of land on sites which are unique due to size and waterfront location,
and to preserve open space consistent with orderly development of
a site.
B.
Regulate development in such a way as to help preserve
the Town of North Hempstead's limited water supply and its surface
waters and other aquatic and natural habitat.
C.
Allow for reasonable economic uses of land, consistent
with the planning goals for this district.
D.
Encourage innovation and flexibility in the design
and development of waterfront property for residential use, while
ensuring that potential environmental impacts and other adverse impacts
are minimized.
The following definitions shall apply in this
article:
The vertical distance to the highest point of a roof, measured
from the preexisting grade at the front of the building, as determined
by the Building Commissioner or his/her representative prior to construction.
Development that directs all built elements into selected
areas of a parcel by clustering development at higher densities on
a portion of the property, while allowing the remainder of the parcel
to be preserved as undeveloped, open space. Clustered developments
shall limit encroachment of the development upon environmentally sensitive
areas and reduce the amount of open land disturbed by development,
roads, and utility lines.
One or more rooms used as a residence, each having sleeping
and toilet facilities, and only one kitchen.
That portion of a building which is partly below grade with
less than half of its floor-to-ceiling height below the average grade
of the adjoining ground, and which has internal circulation to the
floor above and/or plumbing fixtures.
The sum of the gross horizontal area of all floors of all
structures on a site, as measured to the outside surfaces of exterior
walls. Gross floor area shall include attached garages, enclosed porches,
and roofed porches having more than 50% of the perimeter enclosed
or screened. Gross floor area shall also include finished basements
as defined in this section. Gross floor area in dwellings for areas
exceeding ten feet in height shall be equal to 1.5 times the actual
floor area.
The percentage of a lot(s) covered by the maximum projection
of any floor or roof of buildings or structures, excluding uncovered
swimming pools, uncovered terraces, uncovered porches, uncovered verandas,
uncovered decks and carports.
A development of dwelling units on one or more contiguous
lots under common ownership, which may take the form of individual
structures with common utilities.
That portion of a building which is partly below grade with
less than half of its floor-to-ceiling height below the average grade
of the adjoining ground, with neither internal circulation to the
floor above nor plumbing.
Land abutting Little Neck Bay, Manhasset Bay, or Hempstead
Harbor.
A.
The provisions of this article shall apply in a Planned
Waterfront Residential Community.
B.
A Planned Waterfront Residential Community is permitted
only along a waterfront.
C.
Applications for alterations or new construction within
a Planned Waterfront Residential Community shall include a detailed
written description of the proposed work.
A building may be erected, altered or used,
and a lot or premises may be used, for any of the purposes set forth
in this article and for no other:
A.
The minimum aggregate lot area for a Planned Waterfront
Residential Community shall be seven acres.
B.
The minimum lot area per dwelling unit for single
family dwellings on individual lots, or for clustered developments,
shall be 8,500 square feet.
C.
The minimum aggregate lot area per dwelling unit for
multiple-unit developments shall be 7,500 square feet.
A.
Parking shall be provided on site at a rate of two parking spaces per dwelling unit, and shall be provided in accordance with the requirements of § 70-103 unless otherwise stated in this section.
B.
No parking shall be permitted within any required
yard or setback.
C.
Unpaved parking areas may be permitted, subject to site plan approval in accordance with § 70-219.
D.
Landbanked parking as defined in § 70-231 may be permitted, subject to the following restrictions:
(1)
Landbanked parking shall be limited to a maximum of
30% of the required parking.
(2)
Landbanked parking shall be identified on a site plan
and shall be maintained as landscaped area or open green space, or
shall be preserved in its natural state.
(3)
No structure shall be erected in any designated landbanked
parking area.
(4)
Landbanked parking shall not be located within any
required yard or setback.
(5)
Landbanked parking shall be subject to approval by
the Board of Zoning and Appeals.
(6)
Development of parking previously permitted as landbanked
parking may be required as determined by the Board of Zoning and Appeals.
A.
For single-family dwellings on individual lots, the required yards and setbacks shall be as defined in Article IV of this chapter pertaining to the Residence A District.
B.
For multiple-unit developments, there shall be a minimum
distance to any property line of 35 feet for any new development.
C.
For clustered developments, minimum yard and setback
requirements shall be established pursuant to site plan approval,
but in no case shall it be less than 35 feet unless otherwise approved
by the Board of Zoning and Appeals.
D.
No building or structure shall be built within 25
feet of a Special Flood Hazard Area.
For all new construction, and for any additions
or alterations to existing structures in:
A.
Multiple-unit developments:
(1)
The minimum distance between side walls of buildings
or structures shall comply with the requirements of the Building Codes
of the State of New York, but in no case shall the distance between
buildings for new construction be less than five feet.
(2)
The minimum distance from the front of a building
to any part of another building or structure shall be 20 feet.
Notwithstanding any other provision of Chapter 70 of this Code, no accessory building or structure in a multiple unit development or a clustered development shall be permitted in a required yard or setback.
No dwelling unit shall be occupied unless it is insulated, heated, and has potable water and septic connections in compliance with § 70-3.30.
A.
No dwelling unit shall be constructed, altered, or
expanded unless it is connected to a septic system or sanitary sewer
with adequate capacity, as approved by the Department of Health and
the Building Department.
B.
For alterations or new construction which increases
the preexisting gross floor area of a Planned Waterfront Residential
Community, an analysis of the capacity and utilization of the sewage
disposal system shall be included with the application for alteration
or new construction unless the development is connected to a municipal
sewer system. Such analysis shall be prepared by a qualified licensed
professional and shall include the number and type of fixtures and
the effluent flow per fixture.
C.
No alteration shall be approved without adequate sewage
disposal availability.
The area and dimensions of a building, structure
or premises existing at the effective date of rezoning pursuant to
this chapter which has been legally authorized by a building or other
permit issued by the Building Department prior thereto, may be maintained
subject to site plan approval.
A.
The Building Commissioner or his/her representative
shall have the right to inspect all common areas and exterior surfaces
within a Planned Waterfront Residential Community for conformance
with all applicable codes, ordinances and regulations.
