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.
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.
P. Clubhouse, fraternity house, lodge, golf house or
other recreational building.
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.
D. Parking space for the parking, storage and sale of
automobiles.
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. 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.
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.
[Added 10-2-2001 by L.L. No. 8-2001]
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.