Town of North Hempstead, NY
Nassau County
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Table of Contents
Table of Contents
[Amended 10-10-1967; 1-30-1973; 8-12-1980 by L.L. No. 11-1980; 12-17-1985 by L.L. No. 13-1985; 3-25-1986 by L.L. No. 3-1986; 7-17-1990 by L.L. No. 5-1990; 12-16-1997 by L.L. No. 25-1997; 10-6-1998 by L.L. No. 16-1998; 6-8-1999 by L.L. No. 7-1999; 10-2-2001 by L.L. No. 8-2001]
A. 
Parking requirements.
[Amended 9-30-2003 by L.L. No. 12-2003; 11-15-2005 by L.L. No. 13-2005]
(1) 
All districts. The following off-street parking requirements shall apply in all districts in which the enumerated uses are authorized, except where otherwise provided in the article regulating such districts. All references to parking space contained in this section shall be interpreted in conformity with the definition of "parking space" contained in § 70-231 of this chapter. Where any category below denotes that the requirement applies to area in excess of 1,000 square feet, the 1,000 square feet may be deducted only once; must be deducted from the total of all contiguous properties under common ownership and/or control of the applicant; and, at the option of the applicant, may be deducted from the most restrictive category applicable to the site.
[Amended 7-29-2008 by L.L. No. 7-2008; 9-22-2008 by L.L. No. 9-2008; 6-23-2009 by L.L. No. 11-2009; 1-24-2012 by L.L. No. 2-2012; 5-13-2014 by L.L. No. 8-2014; 3-20-2018 by L.L. No. 2-2018; 1-29-2019 by L.L. No. 3-2019]
Use
One Parking Space for Each
Dwelling of any kind other than those specifically listed below
1/2 dwelling unit
Retail food use, 1 to 12 seats
300 square feet
Retail food use, no seating
300 square feet of floor area in excess of 1,000 square feet
Hospital, clinic
2 beds, plus 1 space per employee
Hotel
Refer to § 70-103S
Industry
600 square feet of floor area
Place of public assembly or place of assembly, exclusive of restaurants (theater, lodge, club, hall, church, auditorium, bowling, gym, fitness center, etc.)
4 seats or 4 persons which can be legally accommodated, plus 1 space per employee
Restaurant/bar and grill
80 square feet of floor area, inclusive of outdoor seating areas, and 1 space per 3 linear feet of a bar or counter where food and/or drink are served as measured on the patron's side of the bar/counter. Spaces reserved for takeout/to-go orders are not counted towards satisfying parking requirements.
Retail store, personal service shop
300 square feet of floor area in excess of 1,000 square feet
Wholesale establishment, warehouse
600 square feet of floor area
All other business
300 square feet of floor area in excess of 1,000 square feet
Gasoline service station/convenience store, motor vehicle shop as defined in § 70-231, auto body shop, including any and all shops that work with and on vehicles
300 square feet of floor area; service bays, drive aisles, and areas utilized for the pumping of gas shall not be counted as or defined as off-street parking
Game courts (tennis, squash, handball, badminton)
1/8 of each game court, plus 10 spaces for each main structure
Medical, dental and similar offices
150 square feet of floor area in excess of 1,000 square feet
All other offices
200 square feet of floor area in excess of 1,000 square feet
Public housing
Dwelling unit
Dwelling unit in a mixed-use building
Dwelling unit
Senior independent-living facility
0.67 dwelling unit
Senior congregate-living facility
0.67 dwelling unit
Senior assisted-living facility
Dwelling unit
Senior day care
500 square feet of gross floor area
Nursing home/temporary care facility
2 beds
Child care, nursery school or similar facility
1 staff member, plus 1 parking space per each 15 children capacity, or portion thereof
Boatel
2 guest rooms or suites, plus 1 space per employee
Marina
Slip, plus 1 space per employee
(2) 
Multiple Residence District. Within a Multiple Residence District, there shall be provided on the premises parking or garage facilities at the rate of 2 1/4 spaces for each apartment other than one basement apartment. Such garage facilities shall not include space for more than six cars in one accessory building, which shall conform architecturally to the main building. Parking for senior citizen facilities within a Multiple Residence District shall be provided at the rates indicated in § 70-103A(1). Parking for dwelling units in a Multiple Residence District located within the New Cassel Urban Renewal Area shall be provided at the rate of 1/2 parking space per bedroom in the multiple residence building(s), but in no instance shall there be less than one parking space per dwelling unit.
(3) 
Golden Age Residence District. Within a Golden Age Residence District there shall be provided off-street parking at the rate of 1 1/4 spaces for each one of the dwelling units.
B. 
The parking area required shall be located on the premises, except as otherwise permitted for places of public assembly pursuant to § 70-103L(1). Access driveways shall be marked with arrows indicating the proper flow of traffic and individual parking spaces shown. In satisfying the off-street parking requirements as set forth in this section, for nonmedical office use and industrial use up to but not exceeding 20% of the off-street parking spaces may have dimensions of not less than nine feet by 18 feet and shall be so designated. With respect to all other uses, all off-street parking spaces must have dimensions of not less than 10 feet by 20 feet. Whenever parking requirements are calculated on the basis of floor area or space, all calculations should be made using the gross floor area as defined in § 70-231.
C. 
All areas devoted to off-street parking and access driveways shall be surfaced in accordance with specifications not less than those of the Town of North Hempstead requiring 4 1/2 inches of broken stone (after compaction) and 1 1/2 inches of premixed bituminous material (after compaction) or a minimum of four inches of portland cement concrete in accordance with Nassau County specifications, Class B concrete.
[Amended 10-6-1998 by L.L. No. 16-1998]
(1) 
Reinforced four-inch-deep concrete waffle-type pavers with grass or crushed stone filler in the voids may be installed in off-street parking areas in lieu of the above. The base for pavers shall be two inches compacted sand over either undisturbed earth or fill compacted to 95% maximum dry density.
(2) 
For residential applications, brick pavers over two inches compacted sand over either undisturbed earth or fill compacted to 95% maximum dry density shall also be acceptable.
D. 
Only one access road to a parking area shall be permitted where the property fronts on a state highway or other arterial road. Such access road shall provide separate means of ingress and egress with a traffic separator at the entrance.
E. 
Parking areas shall be illuminated at night only during the business hours of the stores or buildings which they serve, which illumination shall be extinguished within 1/2 hour after the close of business. Where said parking areas directly abut residential districts, the lighting fixtures and equipment shall be so designed and installed as to reflect away from and to shield such residential districts from the lights of the parking areas.
F. 
Provision for off-street loading and unloading shall be made on premises used for a business purpose 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. The area to be allocated for loading and unloading shall be at least 10 feet in width, 25 feet in length and 15 feet in clear height.
[Amended 9-9-2008 by L.L. No. 8-2008]
(1) 
Provisions for off-street loading and unloading shall be governed by the following requirements:
Use
One Loading Area for Each
Retail/warehouse
10,000 square feet
Office/hotel/all other businesses
40,000 square feet
(2) 
In no case shall more than three such spaces be required.
G. 
No part of any required parking area, access driveways or loading or unloading areas shall be used for the storage or abandonment of any article or material.
H. 
The parking requirements set forth in this article may be provided off the premises in an adjoining parking district where the plot in such parking district on which the parking area is to be established is in common ownership with the plot on which the use is to be located. For the purposes of this section, a parking district shall be considered adjoining in those cases where a public street or highway intervenes between the division line between districts.
I. 
All lighting of premises, other than places of public assembly, shall be directed away from any adjoining residences and shall not exceed a height of 20 feet above the grade of the premises. The location, candlepower and type of fixture to be installed shall be first approved by the Building Official.
J. 
All exits from parking areas fronting on a state highway or other arterial road shall have posted in a conspicuous place directional signs, with letters sufficiently large to be visible to the average motorist, directing traffic to flow from the exits in the direction of the traffic in the nearest lane to such exit.
K. 
Parking on vacant lots. Accessory parking of more than five automobiles or other motor vehicles on a vacant lot or lots situate within business or industrial districts may be permitted by the Board of Zoning and Appeals for a limited duration of time and subject to such conditions and safeguards as the Board may deem proper. The use of such lot or lots shall not include any other use or any storage, servicing or dismantling of automobiles or other motor vehicles. Such parking area shall not be used for any gainful purpose.
L. 
Off-street parking for places of public assembly.
(1) 
The off-street parking area required for places of public assembly pursuant to Article XII, § 70-103B, may be located not more than 500 feet distant from the place of public assembly which it shall serve.
(2) 
All off-street parking areas for places of public assembly as set forth in Subsection L hereof, when within 15 feet of any residence district, shall be screened from said residential district by a six-foot stockade-type fence along the property lines. In addition thereto, a fifteen-foot strip of land along said fence shall be planted with shrubs and trees of sufficient height and density to act as an additional screening between the residences and/or residential district and the area used for the parking of automobiles or vehicles.
(3) 
All of the parking areas for places of public assembly as set forth in this section shall comply with the requirements set forth in § 70-103B to E.
(4) 
All lighting of parking areas used in conjunction with places of public assembly as set forth in this section shall be directed away from the adjoining residences and shall not exceed a height of eight feet above the grade of the paved portion thereof. The location, candlepower and type of fixtures to be installed shall be first approved by the Building Official.
M. 
Parking or repair of vehicles in front yards. No space for the parking of motor vehicles shall be installed or maintained on any plot in the area required for the front yard of such plot in any district except when such a plot is used for one- or two-family dwellings and the parking is limited to the required parking or when permitted by the Board of Zoning and Appeals upon a finding that the enforcement of this prohibition will cause the occupant of the plot undue hardship and is not required in the public interest. No mechanical repair of motor vehicles or painting, repainting or repairs to the exterior bodies of motor vehicles shall be performed on any plot in the areas required or utilized for front yards pursuant to this local law.
N. 
Size of access aisles and parking spaces within a Hospital District. 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 area. These dimensions shall vary according to the angle formed by the parking space stripe 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
(feet)
Access Aisle Width
(feet)
0
9 (by 23 long)
12
30
16 5/6
12
45
19 1/6
13
60
20 1/6
18
90
18
26
Space Size = 10 Feet 0 Inches
x 20 Feet 0 Inches
Parking Angle
(degrees)
Stall to Curb
(feet)
Access Aisle Width
(feet)
0
10 (by 23 long)
12
30
18 2/3
12
45
21 1/4
13
60
22 1/3
18
90
20
24
O. 
Size of access aisles and parking spaces in all districts other than the Hospital District. The width of access aisles and 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 area. 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
(feet)
Access Aisle Width
(feet)
0
9 (by 23 long)
12
30
16 5/6
12
45
19 1/6
13
60
20  1/6
18
90
18
24
Space Size = 10 Feet 0 Inches
x 20 Feet 0 Inches
Parking Angle
(degrees)
Stall to Curb
(feet)
Access Aisle Width
(feet)
0
10 (by 23 long)
12
30
18 2/3
12
45
21 1/4
13
60
22 1/3
18
90
20
20
P. 
All parking spaces provided on a site located in the Business AA, Business A, Business B, Service Commercial, Industrial A and Industrial B Districts shall be open-air, ground-level parking except as provided in § 70-203 herein. No building or structure or portion thereof may be constructed over any parking space except as provided for in § 70-203U herein.
[Amended 2-15-2000 by L.L. No. 1-2000; 10-3-2006 by L.L. No. 14-2006]
Q. 
Off-street parking for senior citizen housing facilities.
(1) 
No parking shall be located in any required yard or buffer except when provided in accordance with landbanking provisions.
(2) 
No parking area shall be located within 10 feet of any window in a residential unit.
R. 
In the New Cassel Urban Renewal Area, off-street parking requirements shall be reduced by the number of on-street parking spaces located on the Prospect and Union Avenue street frontages, to be determined by dividing the total street frontage by a factor of 25.
[Added 9-30-2003 by L.L. No. 12-2003]
S. 
Parking for hotels shall be provided as follows: 0.75 space for every guest room, an additional one space for every 15 guest rooms shall be provided for employees. Additional parking for accessory uses shall be provided as follows: Meeting/conference/exhibit rooms: one space for every 100 square feet of floor area; restaurant/bar/lounge: one space for every 10 seats. No additional parking spaces are required for pools, saunas, exercise rooms or business/computer centers if those areas are accessible only to registered guests.
[Added 5-13-2014 by L.L. No. 8-2014]
[Added 6-18-2020 by L.L. No. 5-2020]
A. 
Purpose. The provisions of this section are designed to temporarily allow restaurants and food service establishments an additional way to expand their operations outdoors during the time frame in which such establishments are subject to reduced interior occupancy or density restrictions arising from the COVID-19 pandemic; and to protect the public health, safety, and general welfare of the community.
B. 
Notwithstanding any provision in Chapter 70 of the Town Code to the contrary, restaurants and food service establishments may expand their seating areas by up to 50% of the previously approved floor area devoted to seating without providing additional parking spaces, subject to compliance with the provisions of this section.
C. 
No restaurant or food service establishment shall temporarily expand seating capacity under § 70-103.1 of the Town Code without first filing with the Building Commissioner an application for such temporary expanded seating capacity and obtaining a permit. To obtain a permit under this section, an applicant shall not be required to seek an amended site plan approval from the Town Board or an amended conditional use permit from the Zoning Board of Appeals.
D. 
Temporary expanded seating capacity areas are not required to be located within the original confines of the establishment, but must comply with applicable public assembly, accessibility and fire safety regulations.
E. 
Subject to the provisions of this section, temporary expanded seating capacity areas may be established entirely within the property boundaries, upon a sidewalk, within a parking lane, within a parking lot, or in a courtyard. An eligible restaurant or food service establishment may utilize one or more of the aforementioned locations as a temporary expanded seating area. This section of the Town Code only permits temporary expanded seating capacity areas in the locations referenced herein. Nothing in this section shall be construed to permit outdoor dining and service of beverages, including alcohol, in any other area, including rooftops and roofs.
[Amended 8-13-2020 by L.L. No. 7-2020]
F. 
A permit for a temporary expanded seating capacity area shall only be authorized where it is determined that the use will not create a hazard, a sight distance obstruction for motor vehicle operators, nor unduly impede pedestrian traffic. The Building Commissioner shall determine when a hazardous condition exists.
G. 
Application for permit.
(1) 
Such application shall be made to the Building Commissioner on a form provided by him and shall contain a sworn statement that provides the following information:
(a) 
A site plan showing the location of service and arrangement of tables and chairs:
(b) 
The required certificate of insurance, if applicable;
(c) 
Where applicable, a permit from the New York State Liquor Authority;
(d) 
A statement affirming that the applicant shall comply with all requirements set forth in this section; and
(e) 
A copy of this section signed by the applicant as recognition and acceptance of all of its terms.
(2) 
The Building Commissioner may require an applicant to provide such other information as may reasonably be required to establish compliance with the provisions of this section and other applicable building codes, ordinances and regulations.
H. 
Upon submission of a completed application, and a determination of compliance by the Building Department following a review of the application, the Building Commissioner shall issue a permit for a temporary expanded seating capacity area in one or more of the locations authorized in this section.
I. 
The following regulations are applicable to all temporary expanded seating capacity areas:
(1) 
Where necessary, wind screens shall be provided to contain any loose objects that may otherwise be carried off site by the wind.
(2) 
All food and beverages shall be dispensed from the interior of the establishment. There shall be no outdoor bar or service counter.
(3) 
Alcohol may only be served in conjunction with food that is otherwise available for purchase without alcohol. All businesses serving alcoholic beverages must be in compliance with all state laws and regulations, including those of the New York State Liquor Authority. Copies of permits shall be provided to the Town prior to service of alcoholic beverages.
(4) 
Except within a mixed-use zoning district or approved mixed-use development, no temporary expanded seating capacity area shall be established within 50 feet of a residential property.
(5) 
Where necessary, sun shade may be provided either by individual umbrellas or an area-wide canopy.
(6) 
Restaurants and food service establishments shall take all reasonable steps to control littering and shall dispose of all trash as otherwise required and shall keep the sidewalk, parking lot area, or other areas used for outdoor seating clean and free of litter, debris and putrescible waste.
(7) 
Putrescible waste must be contained in a refrigerated compartment within the interior of the restaurant or food service establishment for future disposal.
(8) 
Restaurants and food service establishments with temporary expanded seating capacity areas shall take all steps necessary to maintain safety and to immediately remedy any unsafe situation.
(9) 
A Town Building Inspector or Code Enforcement Officer may temporarily suspend a permit for a temporary expanded seating capacity area, at any time, due to violations of this section, threats to public safety, disorderly conduct, noise, disruption of other business operations or violations of other Town codes or other laws or regulations. The Building Inspector or Code Enforcement Officer may choose, but is not obligated, to reinstate a temporary expanded seating capacity area permit if he or she is satisfied that all violations have been remedied. An affected restaurant or food service establishment may appeal a decision to suspend a temporary expanded seating capacity area permit to the Town Board, which shall conduct an evidentiary hearing to determine whether to reinstate the permit or continue the suspension for a stated period of time.
(10) 
Applicants shall provide a site plan for the premises for which the permit is requested showing all structures thereon, a sketch showing the proposed number of tables and chairs and the area to be used for temporary expanded seating capacity with a proposed seating plan for same.
(11) 
Service at any temporary expanded seating capacity area shall be permitted no later than 10:00 p.m. on Sunday through Thursday and 11:00 p.m. on Friday and Saturday. Tables and chairs and menu signs must be removed from the sidewalk no later than 10:30 p.m. on Sunday through Thursday and 11:30 p.m. on Friday and Saturday. Tables and chairs and menu signs cannot be set up earlier than 1/2 hour before service begins.
(12) 
Smoking or vaping is not permitted in any outdoor dining areas.
(13) 
The premises on which the temporary expanded seating capacity service is to be offered must have a valid certificate of occupancy and a public assembly license or place of assembly license, as applicable.
(14) 
There shall be no sound amplification or public address system permitted in any temporary expanded seating capacity area. The installation, use or maintenance of radios, speakers, televisions or like apparatus and live entertainment shall be prohibited in any temporary expanded seating capacity areas.
(15) 
Definitions. For the purposes of this section, the following words and phrases are defined as follows:
[Added 8-13-2020 by L.L. No. 7-2020]
BARRIER
An object, natural or man-made, other than a bollard, which is used to obstruct the passage of motor vehicles and separate pedestrian and vehicular traffic. Natural objects may include large trees or boulders.
BOLLARD-
A vertical post designed and used to obstruct the passage of motor vehicles and separate pedestrian and vehicular traffic.
PLATFORM
A flooring material, usually constructed of a wood or composite decking materials, which is flush mounted to the roadway surface so that tables and chairs are not placed directly onto the pavement.
VEHICLE IMPACT PROTECTION DEVICE
A device that is designed, engineered, and sited so as to effectively separate areas of pedestrian and vehicular travel and prevent automobiles from encroaching into areas which are solely intended for pedestrian use and travel; vehicle impact protection devices shall be comprised of bollards or barriers,
J. 
Outdoor sidewalk seating.
(1) 
Notwithstanding the provisions of Chapter 48 of the Town Code to the contrary, the Building Department may issue a temporary expanded seating capacity area permit for outdoor sidewalk seating in conjunction with a restaurant or food service establishment, subject to compliance with this § 70-103.1.
(2) 
The applicant shall provide for a pedestrian access area on the public sidewalk, measured from the inside of the curb where it meets the sidewalk, of at least 60 inches' clearance; tables and chairs and other objects, such as menu signs, shall be kept out of the pedestrian access area. Clearance for the pedestrian access area must be around obstacles such as signs, benches, garbage cans, accessibility ramps, driveway access and other impediments. Employees may temporarily be within the pedestrian access area while performing their duties, such as serving, but may not place objects, such as tray stands, in the pedestrian access area. However, employees shall at all times yield to pedestrians within the pedestrian access area.
(a) 
Notwithstanding the above, on a Town roadway with an existing parking lane, an applicant may utilize the parking lane as a pedestrian walkway, provided that the applicant provides a vehicle impact protection device or steel barricade on all three sides of the parking lane and provides ramp access for ADA compliance, which can be made of nonpermanent materials.
[Added 8-13-2020 by L.L. No. 7-2020]
(3) 
The applicant shall provide a certificate of insurance with liability limits of at least $2,000,000 per occurrence and which names the Town of North Hempstead as an additional insured who will be notified by the insurance company or agent in the event of a lapse of coverage. This insurance is required to remain in effect for the duration of the outdoor sidewalk seating activities and to cover claims arising out of said activities. The Town must be notified in the event of any threatened or actual lapse in insurance coverage. Any such lapse in coverage shall automatically revoke the permit authorizing a temporary expanded seating area for outdoor sidewalk seating. In any event, the applicant shall be liable for all claims arising out of the operation of a temporary expanded seating area for outdoor sidewalk seating and shall defend, indemnify and hold the Town harmless from and against any such claims.
(4) 
Notwithstanding the provisions of § 70-197, permittees under this section may display menu signs only within the time frames set forth in § 70-103.1I(11) and only as authorized by the Building Department. The Building Department is hereby authorized and directed to establish a preapproved menu sign form, including size and display specifications, which permittees may display without obtaining a sign permit.
(5) 
Sidewalk service may be provided in front of up to two adjoining businesses, i.e., one on either side of the permittees' premises, with the permission of those businesses and their landlords. Permission shall be given in writing, a copy of which shall be given to the Building Department before sidewalk service in front of an adjoining premises is provided. Permission may be withdrawn by the adjoining business or landlord at any time. The business or landlord withdrawing permission shall notify the Town, in writing, within two business days of the withdrawal. Any adjoining business and landlord that gives such permission shall be covered by the permittees' insurance in the same way the Town is and at no less a coverage level. Confirmation of such coverage and notice of any lapse, etc., shall be provided to the Town in the same manner as such notice is made to the Town regarding coverage extended to the Town. Copies of all such notices shall also be given to the permitting businesses and landlords.
(6) 
Notwithstanding any provisions of this section, outdoor sidewalk seating shall be in all respects compliant with all applicable provisions of the Americans with Disability Act of 1990,[1] as amended from time to time.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
K. 
Outdoor parking lane seating.
[Added 8-13-2020 by L.L. No. 7-2020[2]]
(1) 
Notwithstanding any traffic ordinance or local law to the contrary, the Building Department may issue a temporary expanded seating capacity area permit for outdoor parking lane seating in conjunction with a restaurant or food service establishment, subject to compliance with this § 70-103.1.
(2) 
The applicant shall comply with the following:
(a) 
Provide a vehicle impact protection device on all three sides of the seating perimeter located in the roadway to separate seating from the travel lane. The vehicle impact protection device must be at least 18 inches in width and 30 inches to 36 inches in height (excluding plantings) on all three sides. All vehicle impact protection devices shall be engineered and determined to be in compliance with ASTM Publication F3016.
(b) 
Parking lane seating may not exceed the length of the business frontage, except as authorized herein.
(c) 
Ensure visibility of patrons and vehicle impact protection devices at night by clearly marking such devices with yellow high-intensity retro-reflective tape or reflectors.
(d) 
Provide ramp access for ADA compliance, which can be made of nonpermanent materials.
(e) 
Seating or vehicle impact protection devices shall not be located within 15 feet of a fire hydrant, or within eight feet of a crosswalk, or within a No Stopping Anytime or No Standing Anytime zone, bike lane, bus lane/stop, or taxi stand.
(f) 
No outdoor lighting shall be installed in a manner that will impair passing traffic.
(g) 
Tables and chairs must be removed or secured in place when not in operation.
(h) 
All applicable building and fire codes shall be complied with.
(i) 
Notwithstanding any provision of this code to the contrary, no liquid petroleum gas heating device shall be located within the outdoor parking lane seating area.
[Added 11-19-2020 by L.L. No. 17-2020]
(3) 
The applicant may comply with the following:
(a) 
Vehicle impact protection devices may be left in place within a metered zone, alternate side parking, or No Parking Anytime zone, provided that tables and chairs are removed or secured when not in operation.
(b) 
Where seating is authorized along a curb, install a platform behind the required vehicle impact protection devices to flush height with curb to facilitate ADA compliance, prevent the curb from becoming a tripping hazard, and allow drainage to underpass seating. Such platforms shall not block rain water drainage getting to the curb or flowing along the curb. Such platforms shall not obstruct access to or ventilation of utility covers. Installation of any platform within a parking lane shall be in compliance with the New York State Building Code relative to structural strength, fire safety, means of egress, accessibility, light, ventilation, and sanitary requirements.
(4) 
The applicant shall provide a certificate of insurance with liability limits of at least $2,000,000 per occurrence and which names the Town of North Hempstead as an additional insured who will be notified by the insurance company or agent in the event of a lapse of coverage. This insurance is required to remain in effect for the duration of the outdoor parking lane seating activities and to cover claims arising out of said activities. The Town must be notified in the event of any threatened or actual lapse in insurance coverage. Any such lapse in coverage shall automatically revoke the permit authorizing a temporary expanded seating area for outdoor parking lane seating. In any event, the applicant shall be liable for all claims arising out of the operation of a temporary expanded seating area for outdoor parking lane seating and shall defend, indemnify and hold the Town harmless from and against any such claims.
(5) 
Notwithstanding the provisions of § 70-197, permittees under this section may display menu signs only within the time frames set forth in § 70-103.1I(11) and only as authorized by the Building Department. The Building Department is hereby authorized and directed to establish a preapproved menu sign form, including size and display specifications, which permittees may display without obtaining a sign permit.
(6) 
Parking lane seating service may be provided in front of up to two adjoining businesses, i.e., one on either side of the permittees' premises, with the permission of those businesses and their landlords. Permission shall be given in writing, a copy of which shall be given to the Building Department before parking lane seating service in front of an adjoining premises is provided. Permission may be withdrawn by the adjoining business or landlord at any time. The business or landlord withdrawing permission shall notify the Town, in writing, within two business days of the withdrawal. Any adjoining business and landlord that gives such permission shall be covered by the permittees' insurance in the same way the Town is and at no less a coverage level. Confirmation of such coverage and notice of any lapse, etc., shall be provided to the Town in the same manner as such notice is made to the Town regarding coverage extended to the Town. Copies of all such notices shall also be given to the permitting businesses and landlords.
(7) 
Notwithstanding any provisions of this section, outdoor parking lane seating shall be in all respects compliant with all applicable provisions of the Americans with Disability Act of 1990,[3] as amended from time to time.
[3]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[2]
Editor's Note: This local law also redesignated former Subsections K through P as Subsections L through Q, respectively.
L. 
Outdoor seating in parking lot areas.
(1) 
Outdoor seating within parking lots shall conform to the following:
(a) 
Seating areas must be protected by a barricade, bollard or other vehicle impact protection device. A minimum distance of eight feet must be maintained between the seating area and the closest vehicular parking stall or access lane.
(b) 
Paved surfaces in parking lot areas must be kept in a clean and sanitary condition.
(2) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection L(2), Definitions, was repealed 8-13-2020 by L.L. No. 7-2020. See now Subsection I(15).
(3) 
Vehicle impact protection devices required.
(a) 
Vehicle impact protection devices shall be required to protect a temporary expanded seating capacity area located within a parking lot.
(b) 
Performance standard. All vehicle impact protection devices shall be engineered and determined to be in compliance with ASTM Publication F3016.
(c) 
Location.
[1] 
Vehicle impact protection devices shall be located:
[a] 
Between any area designated for parking spaces and the beginning of the adjacent, converted parking area to be used as the outdoor seating area; and
[b] 
To the extent practicable, between the means of egress from the restaurant or food service establishment and the designated outdoor seating area.
[2] 
Barriers and bollards may be offset and staggered in terms of relative distance to provide protection.
(4) 
No temporary expanded seating capacity area located within a parking lot shall occupy, encroach or impede into any New York State required accessible spaces or fire lanes.
(5) 
All platforms and ground coverings shall provide for accessibility. Notwithstanding any provisions of this section, outdoor parking lot seating shall be in all respects compliant with all applicable provisions of the Americans with Disability Act of 1990, as amended from time to time. Ramps and wheelchair edge protection shall be provided where required.
(6) 
Installation of any platform within a parking area shall be in compliance with the New York State Building Code relative to structural strength, fire safety, means of egress, accessibility, light, ventilation, and sanitary requirements.
(7) 
The Town may request a parking analysis to ensure that adequate parking for the location is provided.
M. 
Outdoor seating in courtyard areas or within property boundaries.
(1) 
Courtyard areas and locations within the boundaries of the property may be used as a temporary expanded seating capacity area, provided the written permission of the owner of the property on which tables and chairs are placed is obtained and the requirements of this section are complied with and an unobstructed pedestrian access area of at least 60 inches is maintained and there is no obstruction of ingress and egress points.
(2) 
All platforms and ground coverings shall provide for accessibility. Notwithstanding any provisions of this section, outdoor courtyard seating shall be in all respects compliant with all applicable provisions of the Americans with Disability Act of 1990, as amended from time to time. Ramps and wheelchair edge protection shall be provided where required.
N. 
Canopies and tents; table umbrellas.
(1) 
Installation of a canopy or tent shall be in compliance with the New York State Fire Code and the Nassau County Fire Ordinance. Proof of approval from the Nassau County Fire Marshal shall be provided to the Building Department prior to issuance of a permit under this section.
(2) 
Installation of individual table umbrellas shall be in compliance with the New York State Fire Code.
(3) 
In accordance with the New York State Fire Code, temporary tents or canopies shall not be erected for a period of more than 180 days within a twelve-month period on a single premises.
[Added 11-19-2020 by L.L. No. 17-2020]
(4) 
A separate temporary tent permit shall be required prior to the installation or erection of a tent or canopy in accordance with § 2-9N of the Town Code.
[Added 11-19-2020 by L.L. No. 17-2020]
O. 
Outdoor heaters. The use of liquefied petroleum gas (propane) or any other outdoor heating equipment, and the storage of liquid petroleum gas containers, shall be in compliance with the New York State Fire Code and the Nassau County Fire Ordinance. The New York State Fire Code and the Nassau County Fire Ordinance requirements related to temporary outdoor heating shall be set forth in the permit application provided by the Building Department. Proof of approval from the Nassau County. Fire Marshal shall be provided to the Building Department prior to issuance of a permit under this section.
[Added 11-19-2020 by L.L. No. 17-2020[5]]
[5]
Editor's Note: This local law also redesignated former Subsections O and P as Subsections P and Q, respectively.
P. 
Permit revocation. The Building Commissioner shall have the authority to revoke any permits issued pursuant to this section in the following instances:
(1) 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
(2) 
Where he finds that the permit was issued in error and should not have been issued in accordance with the applicable law.
(3) 
Where he finds that the expanded seating capacity authorized under the permit is not executed in accordance with the provisions of the application, plans or specifications.
(4) 
Where the person to whom a permit has been issued fails or refuses to comply with a stop order issued by the Building Commissioner.
Q. 
Any temporary expanded seating capacity area permit issued under this section shall terminate on May 1, 2021, or within five days following the repeal, rescission or suspension of any New York State executive order limiting the interior occupancy or density of restaurants or food service establishments, whichever occurs sooner. All items located within the temporary expanded seating capacity area shall be removed no later than 10 days from the aforementioned termination date
[Amended 11-19-2020 by L.L. No. 17-2020]
[Added 9-24-2020 by L.L. No. 13-2020]
A. 
Purpose. The provisions of this section are designed to temporarily allow certain places of public assembly or places of assembly uses (exclusive of restaurant uses), including gyms, fitness centers and religious institutions, and certain personal service uses, including barbershops, hair salons, personal care services, and similar uses, an additional way to expand their operations outdoors during the time frame in which such establishments are subject to reduced interior occupancy or density restrictions arising from the COVID-19 pandemic; and to protect the public health, safety, and general welfare of the community.
B. 
Notwithstanding any provision in Chapter 70 of the Town Code to the contrary, the uses described in § 70-103.2A may expand their operating areas by up to 50% of the previously approved floor area devoted to such use without providing additional parking spaces, subject to compliance with the provisions of this section.
C. 
No use described in § 70-103.2A shall temporarily expand its capacity outdoors under § 70-103.2 of the Town Code without first filing with the Building Commissioner an application for such temporary expanded outdoor use and obtaining a permit. To obtain a permit under this section, an applicant shall not be required to seek an amended site plan approval from the Town Board or an amended conditional use permit from the Zoning Board of Appeals.
D. 
Temporary expanded outdoor use areas are not required to be located within the original confines of the establishment, but must comply with applicable public assembly, accessibility and fire safety regulations.
E. 
Subject to the provisions of this section, temporary expanded outdoor use areas may be established entirely within the property boundaries, within a parking lot, or in a courtyard. An eligible business may utilize one or more of the aforementioned locations as a temporary expanded outdoor use area. This section of the Town Code only permits temporary expanded outdoor use areas in the locations referenced herein.
F. 
A permit for a temporary expanded outdoor use area shall only be authorized where it is determined that the use will not create a hazard, a sight distance obstruction for motor vehicle operators, nor unduly impede pedestrian traffic. The Building Commissioner shall determine when a hazardous condition exists.
G. 
Application for permit.
(1) 
Such application shall be made to the Building Commissioner on a form provided by him and shall contain a sworn statement that provides the following information:
(a) 
A site plan showing the location of the use or service area;
(b) 
The required certificate of insurance, if applicable;
(c) 
A statement affirming that the applicant shall comply with all requirements set forth in this section; and
(d) 
A copy of this section signed by the applicant as recognition and acceptance of all of its terms.
(2) 
The Building Commissioner may require an applicant to provide such other information as may reasonably be required to establish compliance with the provisions of this section and other applicable building codes, ordinances and regulations.
H. 
Upon submission of a completed application, and a determination of compliance by the Building Department following a review of the application, the Building Commissioner shall issue a permit for a temporary expanded outdoor use area in one or more of the locations authorized in this section.
I. 
The following regulations are applicable to all temporary expanded outdoor use areas:
(1) 
Except within a mixed-use zoning district or approved mixed-use development, no temporary expanded outdoor use area shall be established within 50 feet of a residential property.
(2) 
Where necessary, sun shade may be provided either by individual umbrellas or an area-wide canopy.
(3) 
Businesses shall take all reasonable steps to control littering and shall dispose of all trash as otherwise required and shall keep the sidewalk, parking lot area, or other areas clean and free of litter, debris and putrescible waste.
(4) 
Businesses with temporary expanded outdoor use areas shall take all steps necessary to maintain safety and to immediately remedy any unsafe situation. It is the permit holder's responsibility to be aware of severe weather and remove or secure any temporary objects.
(5) 
A Town Building Inspector or Code Enforcement Officer may temporarily suspend a permit for a temporary expanded outdoor use area, at any time, due to violations of this section, threats to public safety, disorderly conduct, noise, disruption of other business operations or violations of other Town codes or other laws or regulations. The Building Inspector or Code Enforcement Officer may choose, but is not obligated, to reinstate a temporary expanded outdoor use area permit if he or she is satisfied that all violations have been remedied. An affected business may appeal a decision to suspend a temporary expanded outdoor use area permit to the Town Board, which shall conduct an evidentiary hearing to determine whether to reinstate the permit or continue the suspension for a stated period of time.
(6) 
Applicants shall provide a site plan for the premises for which the permit is requested showing all structures thereon and a sketch showing the proposed area of use.
(7) 
Use of any temporary expanded outdoor use area shall be permitted on weekdays and Saturdays between the hours of 7:00 a.m. and 9:00 p.m., and on Sundays between the hours of 8:00 a.m. and 8:00 p.m.
(8) 
Outdoor lighting shall be installed in accordance with Chapter 70 of the Town Code.
(9) 
The premises on which the temporary expanded outdoor use area is to be offered must have a valid certificate of occupancy and a public assembly license or place of assembly license, as applicable.
(10) 
There shall be no sound amplification or public address system permitted in any temporary expanded outdoor use area. The installation, use or maintenance of radios, speakers, televisions or like apparatus and live entertainment shall be prohibited in any temporary expanded outdoor use area.
(11) 
Definitions. For the purposes of this section, the following words and phrases are defined as follows:
BARRIER
An object, natural or man-made, other than a bollard, which is used to obstruct the passage of motor vehicles and separate pedestrian and vehicular traffic. Natural objects may include large trees or boulders.
BOLLARD
A vertical post designed and used to obstruct the passage of motor vehicles and separate pedestrian and vehicular traffic.
PLATFORM
A flooring material, usually constructed of wood or composite decking materials, which is flush mounted to the roadway surface so that tables and chairs are not placed directly onto the pavement.
VEHICLE IMPACT PROTECTION DEVICE
A device that is designed, engineered, and sited so as to effectively separate areas of pedestrian and vehicular travel and prevent automobiles from encroaching into areas which are solely intended for pedestrian use and travel; vehicle impact protection devices shall be comprised of bollards or barriers.
J. 
Use of parking lot areas.
(1) 
Temporary expanded outdoor use areas within parking lots shall conform to the following:
(a) 
Such areas must be protected by a barricade, bollard or other vehicle impact protection device. A minimum distance of eight feet must be maintained between the area of use and the closest vehicular parking stall or access lane.
(b) 
Paved surfaces in parking lot areas must be kept in a clean and sanitary condition.
(2) 
Vehicle impact protection devices required.
(a) 
Vehicle impact protection devices shall be required to protect a temporary expanded outdoor use area located within a parking lot.
(b) 
Performance standard. All vehicle impact protection devices shall be engineered and determined to be in compliance with ASTM Publication F3016.
(c) 
Location. Vehicle impact protection devices shall be located between any area designated for parking spaces and the beginning of the adjacent, converted parking area to be used as the outdoor use area. Barriers and bollards may be offset and staggered in terms of relative distance to provide protection.
(d) 
Barricades, bollards or other vehicle impact protection devices shall be equipped with reflectorized tape or other reflector devices adequate to warn others of its presence during night hours.
(3) 
No temporary expanded outdoor use area located within a parking lot shall occupy, encroach or impede into any New York State required accessible spaces or fire lanes.
(4) 
All platforms and ground coverings shall provide for accessibility. Notwithstanding any provisions of this section, outdoor parking lot uses shall be in all respects compliant with all applicable provisions of the Americans with Disability Act of 1990,[1] as amended from time to time. Ramps and wheelchair edge protection shall be provided where required.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(5) 
Installation of any platform within a parking area shall be in compliance with the New York State Building Code relative to structural strength, fire safety, means of egress, accessibility, light, ventilation, and sanitary requirements.
(6) 
The Town may request a parking analysis to ensure that adequate parking for the location is provided.
K. 
Outdoor uses in courtyard areas or within property boundaries.
(1) 
Courtyard areas and locations within the boundaries of the property may be used as a temporary expanded outdoor use area, provided the written permission of the owner of the property on which the use is to be conducted is obtained and the requirements of this section are complied with and an unobstructed pedestrian access area of at least 60 inches is maintained and there is no obstruction of ingress and egress points.
(2) 
All platforms and ground coverings shall provide for accessibility. Notwithstanding any provisions of this section, outdoor courtyard use areas shall be in all respects compliant with all applicable provisions of the Americans with Disability Act of 1990, as amended from time to time. Ramps and wheelchair edge protection shall be provided where required.
L. 
Canopies and tents; table umbrellas.
(1) 
Installation of a canopy or tent shall be in compliance with the New York State Fire Code and the Nassau County Fire Ordinance. Proof of approval from the Nassau County Fire Marshal shall be provided to the Building Department prior to issuance of a permit under this section.
(2) 
Installation of individual table umbrellas shall be in compliance with the New York State Fire Code.
(3) 
In accordance with the New York State Fire Code, temporary tents or canopies shall not be erected for a period of more than 180 days within a twelve-month period on a single premises.
[Added 11-19-2020 by L.L. No. 17-2020]
(4) 
A separate temporary tent permit shall be required prior to the installation or erection of a tent or canopy in accordance with § 2-9N of the Town Code.
[Added 11-19-2020 by L.L. No. 17-2020]
M. 
Outdoor heaters. The use of liquefied petroleum gas (propane) or any other outdoor heating equipment, and the storage of liquid petroleum gas containers shall be in compliance with the New York State Fire Code and the Nassau County Fire Ordinance. The New York State Fire Code and the Nassau County Fire Ordinance requirements related to temporary outdoor heating shall be set forth in the permit application provided by the Building Department. Proof of approval from the Nassau County Fire Marshal shall be provided to the Building Department prior to issuance of a permit under this section.
[Added 11-19-2020 by L.L. No. 17-2020[2]]
[2]
Editor's Note: This local law also redesignated former Subsections M and N as Subsections N and O, respectively.
N. 
Permit revocation. The Building Commissioner shall have the authority to revoke any permits issued pursuant to this section in the following instances:
(1) 
Where he finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
(2) 
Where he finds that the permit was issued in error and should not have been issued in accordance with the applicable law.
(3) 
Where he finds that the expanded outdoor use area authorized under the permit is not executed in accordance with the provisions of the application, plans or specifications.
(4) 
Where the person to whom a permit has been issued fails or refuses to comply with a stop order issued by the Building Commissioner.
O. 
Any temporary expanded outdoor use area permit issued under this section shall terminate on May 1, 2021, or within five days following the repeal, rescission or suspension of any New York State executive order limiting the interior occupancy or density of the uses described in § 70-103.2A, whichever occurs sooner. All items located within the temporary expanded outdoor use area shall be removed no later than 10 days from the aforementioned termination date.