The provisions of this article shall apply to a Business A District.
[Amended 1-9-1968; 5-20-1969; 1-21-1975 by L.L. No. 1-1975; 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 set forth in this article and for no other:
A. 
Offices, financial institution.
B. 
Retail store, except those listed in § 70-126B and F and stores of the type known as "farmers' markets" and stores of a type known as "big-box commercial use" as defined in § 70-140B.
[Amended 9-27-2005 by L.L. No. 7-2005]
C. 
Sale or repair of jewelry, watches, clocks or optical goods, musical, professional or scientific instruments.
D. 
Shops for personal services, including beauty shops, barbershops, self-service launderettes, and dry cleaning pickup shops.
E. 
Hand laundry, custom tailoring, hand dressmaking, millinery, shoemaking and repairing.
F. 
Employment office.
G. 
Funeral homes, funeral directing and embalming.
H. 
Greenhouse; flower shops.
I. 
A regularly organized institution of learning approved by the State Board of Regents and supported by public funds.
J. 
A public library, public art gallery, public museum, municipal or volunteer firehouse, municipal park for recreational use, railway passenger station.
K. 
Church or other building used for religious purposes.
L. 
Parish house, parochial school, private school.
M. 
Philanthropic or eleemosynary uses or institutions other than correctional institutions.
N. 
Hospital or sanatorium except those prohibited under § 70-207.
O. 
Nursing home.
P. 
Clubhouse, fraternity house, lodge, golf house or other recreational building.
Q. 
Public utility.
R. 
Government or municipal buildings, regardless of whether said buildings are erected for the purpose of discharging governmental or corporate functions.
S. 
Accessory uses on the same lot with and customarily incidental to any of the above permitted uses, except for accessory drive-through facilities, which shall be subject to the provisions of § 70-203T, and for below-grade parking structures, which shall be subject to the provisions of § 70-203U.
[Amended 1-24-2006 by L.L. No. 2-2006; 10-3-2006 by L.L. No. 14-2006]
T. 
Buildings and uses provided in § 70-125J to S, inclusive, shall conform to the provisions of Article VI as to height, plot areas, lot coverage and open spaces.
[Amended 12-14-1999 by L.L. No. 14-1999]
U. 
Dry-cleaning establishments employing a maximum of five workers, and provided that the dry-cleaning equipment utilizes nonflammable fluids and bears the approval of the Fire Underwriters' Laboratory.
V. 
Mixed-use buildings within the New Cassel Urban Renewal Area.
[Added 9-30-2003 by L.L. No. 12-2003]
W. 
A caretaker unit, as defined in § 70-231, located within a building or on a property designated on the National Register of Historic Places, State Register of Historic Places or designated as an individual landmark under Chapter 27 of this Code and having a portion of the building accessible to the public.
[Added 9-10-2013 by L.L. No. 4-2013]
[Amended 1-9-1968; 5-20-1969; 6-23-1970; 1-21-1975 by L.L. No. 1-1975; 2-1-1977 by L.L. No. 2-1977; 9-13-1983 by L.L. No. 6-1983; 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 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. 
Hotel, as defined in § 70-231 of Article XXV of this chapter; theater other than an open-air, drive-in or automobile theater; restaurant; and bar and grill.
[Amended 3-20-2018 by L.L. No. 2-2018]
B. 
Retail store for storage, sale or distribution of ice, coal, wood, used lumber, used plumbing equipment, material or fittings, used household equipment or materials, used automotive parts, equipment or supplies, live poultry markets.
C. 
Pet shops.
D. 
Parking space for the parking, storage and sale of automobiles.
E. 
Commercial parking lot.
F. 
Retail grocery, retail food use or other store primarily selling food items packaged in units of more than one portion for consumption primarily off the premises.
[Amended 3-20-2018 by L.L. No. 2-2018]
G. 
The operation of not more than two amusement devices in conjunction with a lawfully established business. No amusement device shall be operated as authorized herein except on the following conditions:
(1) 
No amusement device shall be located outside of a building.
(2) 
No amusement device shall be located in any premises within 500 feet of any public, private or parochial school. For the purposes of this section only, the term "public, private or parochial school" shall not include schools whose students are primarily over the age of 18 years or are high school graduates.
(3) 
An amusement device may be operated only between the hours of 9:00 a.m. and 9:00 p.m. This limitation shall not apply to amusement devices located in bars, inns, diners, taverns and bowling alleys.
H. 
Accessory parking in a greater restricted district in accordance with the following and subject to such other conditions and safeguards as the Board may impose. Where a plot in a Business A District in single ownership at the effective date of this ordinance extends in depth beyond the said district into a greater restricted district, the rear portion of said plot extending into the greater restricted district may be used for accessory parking for the building erected and the use maintained on the front portion of said plot. Such accessory use, however, shall not extend to a depth greater than 200 feet when measured from the front property line of said plot, nor shall it extend to a point where the rear boundary line will be less than 100 feet from the front property line of an adjoining plot fronting on a residential street and situated in a residence district. In no event shall any part of such area permitted to be used for accessory parking be used for the storage or abandonment of any article.
I. 
[1]Senior citizen facilities, including the following. A single building may contain any combination of the senior citizen facilities listed below.
(1) 
Senior independent-living facilities.
(2) 
Senior congregate-living facilities.
(3) 
Senior assisted-living facilities.
(4) 
Senior day-care facilities.
[1]
Editor's Note: Subsection I, allowing certain accessory buildings as conditional uses, as amended, was repealed 10-3-2006 by L.L. No. 14-2006. This local law also redesignated former Subsections J through L as I through K, respectively.
J. 
Accessory uses for senior citizen facilities. Senior citizen facilities and nursing homes 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:
(1) 
All accessory uses, as set forth in Article VIII, applicable to Multiple Residence Districts.
K. 
Child care, nursery school or similar facility, subject to the standards and requirements set forth in § 70-203.1 of this chapter.[2]
[Added 10-2-2001 by L.L. No. 8-2001]
[2]
Editor's Note: Former § 70-126.1, Additional conditional uses, added 1-24-2006 by L.L. No. 2-2006, which immediately followed this subsection, was repealed 10-3-2006 by L.L. No. 14-2006.
L. 
Indoor smoking establishment, as defined in §70-231, conforming to the following:
[Added 8-9-2016 by L.L. No. 7-2016]
(1) 
No such establishment shall be permitted within a radius of 500 feet of any area zoned for residential use nor within 1,000 feet of the lot line of any premises used for a school, church or other place of religious worship, park, playground or playing field, library, hospital or similar public or semipublic place of general congregation, or non-degree-granting instruction/programs, including tutoring centers, self-defense, dance, swimming, gymnastics and other sports.
(2) 
No more than one indoor smoking establishment shall be located on any lot.
Any use of the same general character as any of the uses hereinbefore specifically permitted may be authorized by the Board of Zoning and Appeals after a public hearing pursuant to Article XXIV.
In connection with any of the aforesaid permitted uses, incidental uses as set forth in this section are hereby permitted.
A. 
Manufacture or treatment of products clearly incidental to the operation of a retail business conducted on the premises or the performing of a service primarily for residents of the neighborhood on a scale requiring not more than five horsepower and not more than five operators engaged on such work and to an extent involving for such work not more than the rear 3/4 of the entire first floor space of the building.
B. 
No such permitted use shall be operated to the extent of an industry, nor shall two or more permitted uses be combined so as in fact to create an industry.
[Added 3-25-1986 by L.L. No. 3-1986; amended 6-8-1999 by L.L. No. 7-1999]
A. 
Parking shall be provided in accordance with the requirements set forth in § 70-103.
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.
[Amended 6-8-1999 by L.L. No. 7-1999]
A. 
No building or structure shall be constructed on a lot containing an area of less than 2,000 square feet.
B. 
Buildings containing the following senior citizen facilities and nursing homes shall be constructed on lots containing the following area dimensions:
Type of Facility
Minimum Lot Size
(square feet)
Minimum Lot Width
(feet)
Minimum Front Setback to Structures
(feet)
Maximum Density
(units/acre)
Senior independent living
40,000
100
25
32
Senior congregate living
40,000
100
25
35
Senior assisted living
40,000
100
25
38
Nursing home
1 acre
100
25
50 beds/acre
Senior day care
20,000
100
25
N.A.
C. 
For buildings containing more than one senior citizen facility, a composite total of 35 units per acre shall be permitted, with each use assessed at the following rate:
Type of Facility
Equivalent Unit
Senior independent living
1.1
Senior congregate living
1.0
Senior assisted living
.925
D. 
A 25% density bonus shall be available for senior independent living facilities where such units are made available as affordable senior citizen facilities.
[Amended 2-15-1985 by L.L. No. 2-1985; 6-8-1999 by L.L. No. 7-1999]
A. 
No building shall exceed three stories, with a maximum height of 40 feet.
B. 
In the case of a building containing senior citizen facilities, no building or part thereof shall exceed three stories with a maximum height of 45 feet.
[Amended 12-14-1999 by L.L. No. 14-1999]
In the case of any building erected, altered or used for commercial purposes, the lot coverage shall not exceed 70% of the lot area.
[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 area 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 facility, the 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.
[Amended 4-28-1987 by L.L. No. 10-1987; 9-30-2003 by L.L. No. 12-2003]
A. 
There shall be a front yard, the depth of which shall be not less than 10 feet. Such ten-foot front yard setback shall not be required in the New Cassel Urban Renewal Area. Where a building has vehicular entrance doors facing a street, such entrance doors shall be set back a distance of at least 18 feet from the street line, and an open, unoccupied space shall be maintained between said doors and the street line.
B. 
On a corner lot, a front yard shall be required on each street, and each such front yard shall be not less than 10 feet. Such ten-foot front yard setback shall not be required in the New Cassel Urban Renewal Area.
[Amended 6-8-1999 by L.L. No. 7-1999]
Other than accessory driveways, senior citizen facilities or nursing homes, no side yard shall be required for buildings used for commercial purposes except where the side line boundaries of the plot adjoin a residence district, in which event minimum side yard setbacks of 15 feet shall be maintained on each side adjoining the residence district. In the case of senior citizen facilities other than senior day-care or nursing homes, minimum side yard setbacks of 15 feet shall be maintained in all cases.
There shall be a rear yard, the depth of which shall be not less than 20 feet.
[Added 6-8-1999 by L.L. No. 7-1999]
A. 
For senior citizen facilities, the minimum distance between two buildings used for residence purposes shall be at least 25 feet.
B. 
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]
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.
[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 design features, as set forth in Article VIII, applicable to the RM District.
[Amended 5-21-1996 by L.L. No. 8-1996]
Fences shall not exceed seven feet in height.
All proposed buildings not connected with a municipal sewerage system shall be equipped with an independent sewerage system and disposal facilities approved by the Nassau County Department of Health and/or Town of North Hempstead Building Department.