[Added 4-27-1982 by L.L. No. 2-1982]
It is the purpose of this article and the intent
of the Town Board in adopting the same to control, promote and encourage
the unified, comprehensive and well-reasoned development of modern,
large-scale hospitals within the Town of North Hempstead.
The provisions of this article shall apply in
a Hospital District. The provisions of this Article shall not apply
to buildings in existence prior to the effective date of this Article
and used in connection with existing hospital facilities. The continued
maintenance and use of hospital buildings, structures and facilities
in existence as of the date of adoption hereof which do not conform
to the requirements of this chapter shall be deemed legal as a nonconforming
use.
As used in this article, the following terms
shall have the meanings indicated:
An internal roadway entirely within the hospital grounds
connecting the various buildings therein with ingress to and egress
from various points on a major thoroughfare.
A facility duly licensed and approved by the State of New
York, engaged in health care and related activities.
A building providing for the reception, care and treatment
of infirm, sick or injured persons on an outpatient and/or inpatient
basis, including a diagnostic center, laboratories, medical and dental
offices, administrative offices and medical staff offices, educational
and research facilities, including auditoriums, cafeterias, gift shops,
flower shops and newsstands.
[Amended 6-8-1999 by L.L. No. 7-1999]
A building may be erected, altered or used and
a lot or premises may be used for the purposes set forth in this article
and for no other:
A.
Hospitals engaging in any purpose authorized by the
applicable state and/or federal agencies having jurisdiction. Such
hospital may include outpatient clinics and nursing, educational and
research facilities; nursery schools; nursing homes sponsored by or
affiliated with such hospital; offices for medical staff including
physicians, surgeons, dentists, psychiatrists, physiotherapists or
other practitioners; administrative staff offices; laboratories; and
accessory cafeterias, gift shops, flower shops and newsstands.
B.
Accessory buildings and uses as set forth in this
section shall be permitted, provided that the total floor area of
any such building or use does not exceed that of the main hospital
complex.
(1)
Office buildings accommodating doctors and other medical
staff directly related to the furtherance of programs of the subject
hospital. Other related uses such as a pharmacy or facilities for
the sale of medical goods such as bandages, corrective garments or
optical equipment may be permitted within such buildings. Office space
shall not be rented, sold or otherwise made available to doctors,
medical personnel or other users not employed by or directly related
to and associated with the furtherance of programs of the subject
hospital.
(2)
Residential units accommodating doctors and other
staff directly related to the subject hospital and their spouses and
children residing with them. Such units shall not be rented, sold
or otherwise made available for occupancy by any person not employed
by or directly related to and associated with the subject hospital.
(3)
Power
generation plants, conforming to the following:
[Added 3-27-2012 by L.L. No. 4-2012]
(a)
Building height shall not exceed 50 feet exclusive of mechanical
installations;
(b)
All vents, stacks, flues, or similar mechanical equipment, whether
roof mounted or freestanding, shall be limited to 72 feet in height;
(c)
Generated power may only be used to service the needs of the hospital
campus; no power may be generated for offsite or commercial use; and
(d)
A utility plant must be set back at least 250 feet from any public
road or highway and thoroughly screened such that it is not visible
from the public thoroughfare.
C.
Parking structure, subject to the limitations set
forth in this article.
[Amended 6-8-1999 by L.L. No. 7-1999]
A building may be erected, altered or used and a lot or premises may be used for any of the purposes as hereinafter set forth in this article when authorized by the Board of Zoning and Appeals pursuant to the provisions of Article XXIV and for no other:
A.
Maintenance and storage buildings located within 150
feet of the property line.
D.
Accessory uses. Senior citizen facilities may contain
or provide uses necessary to and customarily incidental to such facilities
where such uses are limited to use by residents, their guests and
employees, as follows:
[Added 5-19-1998 by L.L. No. 10-1998]
The following uses are prohibited:
A.
The installation of equipment which uses perchloroethylene
or increases the capacity of existing equipment which uses perchloroethylene.
[Amended 7-23-1985 by L.L. No. 9-1985; 6-8-1999 by L.L. No. 7-1999]
A.
No building or structure shall exceed six stories
or a maximum height of 72 feet, exclusive of mechanical installations
which shall not exceed 15 feet above said otherwise permitted height
and which shall be completely screened in a manner in harmony with
the exterior facade of the building or structure, except that the
main hospital complex building may consist of up to but not more than
10 stories with a maximum height of 150 feet, containing no more than
two towers. The Town Board may permit the number of towers on the
main hospital complex building to exceed two as a conditional use.
B.
The height of buildings located within a Hospital
District shall be measured from the average elevation of the finished
adjoining grade of such building. In no event shall the vertical distance
between the highest roofline of a building and the lowest exposed
height be more than 50% of the permitted building height.
C.
In the case of a building containing senior citizen
facilities, no building or part thereof shall exceed six stories with
a maximum height of 72 feet.
[Amended 6-8-1999 by L.L. No. 7-1999]
A.
All hospitals shall be located on sites consisting
of not less than 40 acres.
B.
The site shall have at least one property line running
for a distance of at least 600 feet abutting a major thoroughfare
of at least 80 feet of right-of-way in width. All vehicular ingress
and egress shall be directly from such a major thoroughfare.
C.
The tract of land on which a use under this article is conducted shall be operated, in its entirety, as a single or common management and maintenance unit with common open spaces, parking, utility, maintenance and services facilities and services, except in the case of senior citizen facilities in which Subsection D below shall apply.
D.
Senior citizen facilities.
(1)
Buildings containing the following senior citizen
facilities shall have the following indicated densities allocated
for the exclusive use of the senior citizen facilities:
|
Type of Facility
|
Maximum Density
(Units/acre)
| |
|---|---|---|
|
Senior independent living
|
25
| |
|
Senior congregate living
|
32
| |
|
Senior assisted living
|
38
|
(2)
Required open space and parking facilities for senior
housing facilities shall be located in the immediate vicinity of such
housing, and shall be designated for the exclusive use of said facilities.
E.
A 25% density bonus shall be available for senior
independent-living facilities where such units are made available
as affordable senior citizen facilities.
F.
For buildings containing more than one senior citizen
facility, a composite total of 32 units per acre shall be permitted,
with each use assessed at the following rate:
|
Type of Facility
|
Equivalent Unit
| |
|---|---|---|
|
Senior independent living
|
1.25
| |
|
Senior congregate living
|
1.0
| |
|
Senior assisted living
|
.85
|
[Amended 12-14-1999 by L.L. No. 14-1999; 3-27-2012 by L.L. No. 4-2012]
The total coverage of buildings or structures
shall not exceed 30% of the plot area. The balance of said plot area
shall be divided between areas for landscaped parks, roads and walks
and accessory parking of vehicles.
[Added 6-8-1999 by L.L. No. 7-1999]
A.
Buildings containing the following senior citizen
facilities shall have the following minimum and maximum gross habitable
floor areas per unit:
|
Type of Facility
|
Minimum Floor Area/Unit
(square feet)
|
Maximum Floor Area/Unit
(square feet)
| ||
|---|---|---|---|---|
|
Senior independent living
|
600
|
1,600
| ||
|
Senior congregate living
|
550
|
1,600
| ||
|
Senior assisted living
|
350
|
1,000
| ||
B.
In buildings containing more than one senior citizen
facility, maximum permitted floor area shall be calculated based on
the sum of the separate floor areas for each type of facility.
C.
In senior independent-, congregate- and assisted-living
facilities, a minimum of 40% of the dwelling units shall be one-bedroom
units. No dwelling unit shall contain more than two bedrooms.
D.
No basement apartments shall be permitted in any senior
citizen facility other than one such apartment for the use of a superintendent,
custodian or other person in charge of the maintenance of such dwelling.
A.
The minimum distance of any main or accessory building
or structure from the main thoroughfare shall be 100 feet. A front
yard of not less than 35 feet in depth shall be maintained from the
main thoroughfare and shall be kept free of off-street parking and
roadways except for ingress and egress roadways from the main thoroughfare.
B.
The minimum distance of any main or accessory building
or structure from any side or real property line shall be 35 feet.
Side and rear yards of not less than 35 feet shall be maintained and
shall be kept free of off-street parking and roadways. The minimum
distance of any main or accessory building or structure from any rear
property line adjoining property in the unincorporated area of the
Town of North Hempstead shall be 75 feet.
[Amended 7-23-1985 by L.L. No. 10-1985]
C.
No building shall be directly accessible from a major
highway, but shall be accessible from the access road at least 40
feet in width. An access road designated and used for vehicular traffic
flowing in only a one-way direction, however, shall be at least 20
feet in width. Such access road shall include a sidewalk at least
10 feet in width between each building and the paved roadway. There
shall be no parking, stopping or standing on any of the access roads.
A strip of land at least 35 feet in width adjoining the right-of-way
of the major highway shall be maintained as an area heavily landscaped
with trees and shrubs.
D.
The minimum one-hundred-foot setback for any building
or structure from the major thoroughfare shall be increased one foot
for each additional one foot of building height in excess of 72 feet.
E.
The minimum thirty-five-foot setback for any building
or structure from any side or rear property line shall be increased
one foot for each additional one foot of building height in excess
of 35 feet.
F.
Any parking structure abutting a residence district,
which is constructed underground along the adjacent property line
of said residence district and is not visible therefrom, shall not
be subject to the requirements set forth in this section.
[Added 6-8-1999 by L.L. No. 7-1999]
A.
A minimum of 80 square feet per dwelling unit of indoor
common amenity space other than dining space shall be provided for
senior citizen facilities.
B.
A minimum of 50 square feet of common outdoor active
and passive recreation and open space shall be provided per dwelling
unit for senior citizen facilities.
[Amended 6-8-1999 by L.L. No. 7-1999]
A.
The minimum distance between two buildings shall be
at least 50 feet.
B.
All buildings shall be erected and situated in such
manner as to provide adequate light and air.
C.
In the case of senior citizen facilities, the minimum
distance between a senior facility and any other building shall be
50 feet or the height of the adjacent building, whichever is greater.
The minimum distance between two senior citizen facilities shall be
30 feet.
D.
All buildings used for senior citizen facilities shall
be situated in such a manner as to provide adequate light and air.
[Added 6-8-1999 by L.L. No. 7-1999]
All senior citizen facilities shall be designed
to meet the special needs of senior citizens and at a minimum shall
contain the following:
A.
All parking requirements shall be in accordance with § 70-103, except as herein provided:
|
Use
|
Requirements
| |
|---|---|---|
|
Hospital, clinical
|
1 parking space for each bed plus 1 parking
space for each day-shift employee, Monday through Sunday
|
B.
Landbanked parking as defined in § 70-231 may be permitted for senior independent-, congregate- and assisted-living facilities subject to the following restrictions:
(1)
Landbanked parking shall be limited to 40% of
the required parking.
(2)
Landbanked parking shall be indicated as such
on the site plan and shall be maintained as landscaped or open green
space.
(3)
No structure shall be erected in any designated
landbanked area.
(4)
Landbanked parking shall be located a minimum
of 15 feet from any property line abutting a residence district.
A.
The entrance to any off-street parking or loading/unloading
area shall be from an internal roadway and not from a public street.
[Amended 6-8-1999 by L.L. No. 7-1999]
B.
Provision for off-street loading and unloading shall
be made on the premises in a location that will not interfere with
accessory parking or any means of ingress or egress thereto, and such
areas shall be surfaced in the same manner as a parking area. Each
space to be devoted to loading and unloading shall be at least 15
feet in width, 25 feet in length and 15 feet in clear height for each
10,000 square feet or part thereof of floor area, provided that not
more than three such spaces shall be required for each building.
[Amended 6-8-1999 by L.L. No. 7-1999]
C.
All areas devoted to nonemployee off-street parking
shall be surfaced in accordance with the specifications of the Town
of North Hempstead and shall be comprised of spaces having dimensions
of not less than 10 feet in width by 20 feet in length when measured
parallel and perpendicular to the curb for each motor vehicle, exclusive
of aisles, driveways, passageways and other necessary space appurtenant
thereto. In satisfying the off-street parking requirements for all
permitted uses except senior housing facilities, up to but not more
than 20% of the off-street parking spaces may have dimensions of not
less than nine feet in width by 18 feet in length and shall be designated
for exclusive use by compact automobiles.
[Amended 6-8-1999 by L.L. No. 7-1999]
D.
All areas devoted solely to employee parking and so
designated shall be surfaced in accordance with the specifications
of the Town of North Hempstead and shall be comprised of spaces having
dimensions of not less than nine feet in width by 18 feet in length
when measured parallel and perpendicular to the curb for each motor
vehicle, exclusive of aisles, driveways, passageways and other necessary
space appurtenant thereto.
E.
There shall be at least three off-street ambulance
loading and unloading spaces on the premises in a location that will
not interfere with accessory parking and means of ingress and egress
thereto, and such areas shall be surfaced in the same manner as the
parking areas. Each space shall be at least 15 feet in width, 25 feet
in length and 15 feet in clear height.
F.
Ambulance and loading/unloading areas shall be obscured
from view from any adjacent residence district.
G.
Parking areas shall be located at least 35 feet from
all property lines and shall be suitably screened and permanently
improved and maintained in a state of good repair.
H.
Parking areas shall be illuminated at night. Where
a parking area abuts a residence district, the lighting fixtures and
equipment shall be so designed and installed as to reflect away from
and to shield the residence district from the lights in the parking
areas. The location, candlepower and type of fixture to be installed
shall be first approved by the Building Official. All lighting shall
be directed away from any adjoining residence district and shall not
exceed a height of 50 feet above grade.
I.
The provisions of the § 70-103N shall apply with regard to the width of access aisles and the length of parking spaces.
[Added 3-25-1986 by L.L. No. 3-1986[1]]
[1]
Editor's Note: This local law also repealed
former Subsection J, which set forth dimensions for the width of access
aisles and the length of parking spaces.
A building may be erected and maintained for
use as a parking structure, subject to the following limitations:
A.
Maximum height and number of levels.
[Amended 6-8-1999 by L.L. No. 7-1999; 3-27-2012 by L.L. No. 4-2012]
(1)
The maximum height and number of levels for parking areas and structures
shall be related to the setback distance to any property line in conformance
with the following:
|
Setback
|
Maximum Height
|
Number of Levels
| |
|---|---|---|---|
|
Less than 100 feet
|
On-grade
|
1
| |
|
100 to 250 feet
|
40 feet
|
3
| |
|
More than 250 feet
|
65 feet
|
5
|
(2)
Mechanical installations shall not exceed 15 feet above the permitted
height and shall be thoroughly screened in a manner that is in harmony
with the exterior facade of the structure.
B.
The exterior facade of the parking structure shall
be constructed from material substantially similar to existing, surrounding
construction or shall alternatively be composed of such material which
shall be in harmony with but not necessarily the same as the facade
of the existing surrounding construction.
[Amended 6-8-1999 by L.L. No. 7-1999]
C.
A landscaped area of at least 25 feet shall be provided
around the perimeter of any such structure. Said area shall be planted
with perennial trees and shrubs to provide effective and substantial
screening of the structure in accordance with the plan specification
requirements applicable to site plan review. The second and third
levels above grade of a parking structure shall be screened by a wall
four feet in height.
[Amended 6-8-1999 by L.L. No. 7-1999]
D.
All lighting within parking structures shall be constructed
and positioned so as to ensure that such lighting or the headlights
of vehicles inside the structure shall not be visible from any adjoining
residence district.
[Amended 6-8-1999 by L.L. No. 7-1999]
E.
Every parking structure shall include an access roadway
leading to the structure at least 50 feet in length, which roadway
shall be located so as to facilitate ingress to and egress from the
structure without interfering with the flow of traffic on any adjacent
roadway and to facilitate the circulation of traffic within the structure.
Such access road shall provide separate means of ingress and egress
with a traffic separator at the entrance to said road.
[Amended 6-8-1999 by L.L. No. 7-1999]
F.
Each parking space in a nonemployee parking structure
shall be not less than 10 feet in width by 20 feet in length when
measured parallel and perpendicular to the side striping as hereinafter
required, except that 20% of the parking spaces for all permitted
uses except senior citizen facilities may have dimensions of not less
than nine feet in width by 18 feet in length and shall be designated
for exclusive use by compact automobiles.
[Amended 6-8-1999 by L.L. No. 7-1999]
G.
Each parking space in a designated employee parking
structure shall be not less than nine feet in width by 18 feet in
length when measured parallel and perpendicular to the side striping
as hereinafter required.
H.
Each parking space required by this section shall
be directly accessible from an access aisle without having to pass
over any other parking space. An access aisle shall be an area of
open space in the parking area exclusive of any area designated for
parking spaces or designated for ingress and egress to the adjoining
parking spaces.
I.
The width of access aisles and the length of parking
spaces shall be measured perpendicular to the direction of traffic
flow in the access aisle. The length of the parking space, measured
as described above, shall be known as the "stall to curb dimension."
The access aisle shall be the pavement providing ingress to and egress
from the parking space, as well as general circulation in the parking
structure. These dimensions shall vary according to the angle formed
by the parking space strip and the direction of traffic flow in the
aisle in accordance with the following table:
|
Space Size = 9 Feet 0 Inches
x 18 Feet 0 Inches
| |||
|---|---|---|---|
|
Parking Angle
(degrees)
|
Stall to Curb
|
Access Aisle Width
| |
|
0
|
9 feet 0 inches (by 23 feet 0 inches long)
|
12 feet 0 inches
| |
|
30
|
16 feet 10 inches
|
12 feet 0 inches
| |
|
45
|
19 feet 2 inches
|
13 feet 0 inches
| |
|
60
|
20 feet 2 inches
|
18 feet 0 inches
| |
|
90
|
18 feet 0 inches
|
26 feet 0 inches
| |
|
Space Size = 10 Feet 0 Inches
x 20 Feet 0 Inches
| |||
|---|---|---|---|
|
Parking Angle
(degrees)
|
Stall to Curb
(feet)
|
Access Aisle Width
(feet)
| |
|
0
|
10 feet 0 inches (by 23 feet 0 inches long)
|
12 feet 0 inches
| |
|
30
|
18 feet 8 inches
|
12 feet 0 inches
| |
|
45
|
21 feet 3 inches
|
13 feet 0 inches
| |
|
60
|
22 feet 4 inches
|
18 feet 0 inches
| |
|
90
|
20 feet 0 inches
|
24 feet 0 inches
| |
J.
Each parking space shall be outlined and bounded by
a four-inch-wide painted stripe. The direction of permitted traffic
flow in the access aisles shall be designated by directional arrows
painted in the access aisle and located so that at least one such
arrow appears in each 50 feet or fraction thereof of access aisle
length. Each such arrow shall be at least three feet in length and
painted with visible, reflective paint.
K.
No person shall place in any area of the parking structure
any object or substance that may create a hazard or obstruction to
any person or vehicles traversing or using any portion of the parking
structure.
L.
No part of the parking structure or lot shall be used
for the storage, servicing, dismantling or abandonment of any motor
vehicles, article or material except that the parking and storage
of ambulances may be permitted.
M.
No signs of any type or description shall be permitted
in, on or around the parking structure with the exception of the following:
(1)
Directional signs inside the structure relating
to the circulation of traffic and the location of pedestrian exits.
(2)
One directional sign, either a wall sign or
a detached ground sign, directing persons to the entrance of the parking
structure.
(3)
Area and designation signs indicating level
of structure and location.
(4)
Directory or chart indicating location of hospital
facilities.
(5)
Signs designating use of structure, i.e., "visitor
parking"; "employee parking," etc.
N.
The parking structure shall be of fireproof construction
and shall include a dry standpipe system in such form as may be acceptable
to the Nassau County Fire Marshal or other authority having jurisdiction.
[Amended 10-16-2007 by L.L. No. 9-2007]
Prior to the issuance of a building permit for a building or structure pursuant to this article, a site plan shall be submitted to and approved by the Town Board in accordance with the requirements set forth in § 70-219, if any one or more of the following criteria are met:
A.
The construction of a new building or addition to
an existing building of greater than 2,000 square feet of gross floor
area.
B.
The construction of a new building or freestanding
structure of addition to an existing freestanding structure greater
than 20 feet in height.
C.
The change in use of an existing building or buildings on a site in a manner which will increase the number of required off-street parking spaces for the site pursuant to § 70-96.11 by more than 5%.
D.
A change in the number or location of access/egress
points, curb cuts or entrance/exit drives.
E.
Two or more projects within a twenty-four month period
which cumulatively add more than 3,000 square feet of gross floor
area or which cumulatively meet the criteria of § 70-96.14.3.
F.
Any project in which it is determined by both the
Commissioners of Buildings and Planning that the project will have
potentially significant impacts which warrant Town Board review.
All signs shall be in accordance with the requirements of Article XXI of this chapter.
All wiring, feed lines, energy sources and all
equipment accessory to all utilities shall be placed underground.
The Town Board may waive this requirement at the request of the applicant
in connection with site plan review in cases where the Board shall
determine that installation or installation services will result in
difficulty or hardship. In making such decision, the Town Board may
consider unusual topography or other natural conditions.
All garbage and refuse facilities, including
but not limited to dumpsters, compactors, bins and containers, shall
be fully screened from view.
A.
Any yard abutting a residence district shall be landscaped
to a width of at least 35 feet adjacent to such property line.
B.
Required landscaped areas shall include a five-foot
berm to be planted with grass, ground cover, perennial trees and shrubs
to provide effective and substantial screening of the Hospital District
and buildings thereon from the adjoining residence district according
to the plan specification requirements applicable to site plan review.
[Amended 5-21-1996 by L.L. No. 8-1996]
Fences shall not exceed seven feet in height.
No development under this Article shall be permitted
unless either provided with a municipal sewage system or unless a
sewage treatment system approved by the Nassau County Department of
Health and acceptable to the Town of North Hempstead Building Department
is constructed to serve the project. No construction shall commence
under this Article until such approval has been obtained.
All buildings constructed for use as hospitals
shall be of fireproof construction or such other construction which
meets minimum requirements of the State of New York, County of Nassau
and any other governmental entity having jurisdiction over such construction.
All buildings, structures, signs, roadways,
parking areas, paved and surfaced areas and landscaping in hospital
districts shall be maintained in a state of good repair and appearance
in accordance with the provisions of this chapter, the approved site
plan and all other applicable codes and ordinances of the Town of
North Hempstead. Any planting or landscaping which may become diseased,
unsightly or may die shall be removed and promptly replaced with a
planting similar in size and type.
