East Rockaway City Zoning Code
ARTICLE XIII
Uses Subject to Additional Standards
§ 288-97 Uses to be permitted uses.
The uses for which conformance with additional standards is required by this chapter shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein in addition to all other requirements of this chapter. All uses listed as subject to additional standards are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case, and they shall conform to the following general requirements as well as the pertinent specific requirements.
§ 288-98 General requirements.
A.
The location and size of the use, the nature and intensity of the operation involved in, or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate and orderly development of the neighborhood in which it is proposed to be located and shall accord with and promote the purposes set forth in § 7-704 of the Village Law.
B.
The operation in connection with any such use shall not be more objectionable to nearby properties, by reason of noise, vibration, excessive light, smoke, gas, fumes, odor or other atmospheric pollutants than would be the operations of any other permitted use in the same zoning district.
C.
The entrance and exit drives shall be laid out so that there is maximum safety for vehicular traffic and pedestrians.
D.
Buffer plantings, walls and fences shall be required where necessary to protect adjoining residential properties. Such planting shall be specified in detail when a plan is approved.
E.
Exterior lighting shall be so installed and arranged as to reflect light away from adjoining streets and to prevent any nuisance to property in adjoining residence districts.
§ 288-99 Application for building permit. [1]
An application for a building permit involving a use subject to additional standards shall be made to the Superintendent of Construction. An area map, showing the location of the property with respect to surrounding property, streets and other important features, and a plan for the proposed development shall be submitted with an application for a building permit. The plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, topography, special features and any other pertinent information, including such information about neighboring properties as may be necessary to determine that the requirements of this chapter are met.
A.
Every application made, pursuant to this section, to the Board of Appeals for a permit shall contain and conform to the following regulations:
(1)
The person, firm or corporation for which the use is intended shall be the owner of the fee title of the lot or premises on which the use is sought at the time the application is made.
(2)
The application shall be in writing and shall be made and shall be verified by the fee owner of the lot or premises.
(3)
The name and address of the owner.
(4)
If a firm or corporation, the full name and residence of each member of the firm or that of the principal officer of the corporation, as the case may be.
(5)
Land and tax map descriptions and the area of the lot or premises.
(6)
A description of existing structures and uses.
(7)
The distance from a public water supply.
(8)
A statement of proposed use.
(9)
The period of time for which the permit is requested.
B.
Accompanying said verified application, which shall be construed as constituting a part thereof, shall be submitted the following:
(1)
A site plan showing the locations and uses of existing buildings, structures, facilities and open spaces on the lot or premises, including but not limiting the foregoing, parking areas, sports and recreational areas, driveways, walks, means of water supply, buildings and structures on adjoining premises with 200 feet of the subject lot or premises, streets and highways and the width thereof abutting the subject lot or premises.
(2)
A site plan showing all existing buildings and facilities to be retained and all future proposed buildings, structures, facilities, open spaces and their uses on the lot or premises, including but not limiting the foregoing, parking areas, sports and recreational areas, driveways, walks and landscaping. Dimensions and distances shall be set forth on the plan.
(3)
A statement setting forth all present and proposed future uses of the buildings, structures and facilities.
(4)
When buildings and structures are to be erected or altered, a certificate of the Superintendent of Construction that an application has been filed for a building permit and that the plans, specifications and facilities comply with all laws, ordinances and regulations applicable to the intended use.
(5)
Where no buildings or structures are to be erected, a certificate of the Superintendent of Construction that an application has been filed for a use permit and that the existing buildings, structures and facilities comply with all laws, ordinances and regulations applicable to the intended use.
C.
No use of the lot or premises or buildings, structures or facilities thereon, nor the erection or alteration of any building, structure or facility other than as shown on the site plan and/or described in the statement approved by the Board of Appeals in the granting of a permit, shall be made except on application to the Board of Appeals to amend said site plan and statement, and any amendment of said site plan and statement shall be acted upon in the same manner as an original application for a permit under this section.
D.
The Board of Trustees in authorizing the issuance of any permit under this section may provide that said permit shall be temporary and fix the term thereof. Any application for a renewal of a temporary permit shall be acted upon in the same manner as an original application.
§ 288-100 Referral of application to Trustees.
Each application for a permit involving a use subject to additional standards and requirements, together with the required map and plan, shall be referred to the Board of Trustees by the Superintendent of Construction. No action shall be taken by the Superintendent of Construction regarding the issuance of the permit applied for until the Board of Trustees has rendered its decision and order made thereon after public notice and hearing.
§ 288-101 Decision and order of Trustees.
In making its decision and order, the Board of Trustees shall be subject to and bound by all the requirements set forth in §§ 288-106 through 288-113 hereof and shall give effect to the general standards and requirements set forth in § 288-98 hereof and to the specific standards and requirements for each such use under consideration as set forth in §§ 288-106 through 288-113, Said decision and order shall state whether or not the specific and general standards and requirements have been met by the applicant and shall include appropriate and reasonable conditions and safeguards which the Board of Trustees itself deems necessary to impose in any case to assure continual conformance with all applicable requirements.
§ 288-102 Action following Trustees decision and order.
If the decision and order of the Board of Trustees indicates that all applicable requirements have been met and the Superintendent of Construction has determined that all other applicable requirements and laws have been complied with, he shall issue the building permit for which application has been made, in accordance with Chapter 101, Building Construction. The Superintendent of Construction may include such conditions and safeguards in the permit and certificate of occupancy as have been imposed by the Board of Trustees in its decision and order. If the Board of Trustees shall make a finding in its decision that any of the applicable requirements have not been met, the Superintendent of Construction shall consequently not issue the building permit for which the application has been made.
§ 288-103 Expiration of building permit.
A building permit issued for a use subject to additional standards shall be deemed to authorize only that particular use, and such permit shall be considered null and void if, within one year from the date of issue, all improvements required for said use are not completed, unless otherwise provided in the Superintendent of Construction's approval of said use.
§ 288-104 Revocation of building permit.
A building permit issued for a use subject to additional standards may be revoked by the Superintendent of Construction if it is found and determined that there has been a failure of compliance with any one of the terms, conditions, limitations and requirements imposed by said permit.
§ 288-105 Existing violations.
No permit shall be issued for a use subject to additional standards for a property where there is an existing violation of this chapter.
§ 288-106 Places of worship.
For places of worship the following requirements shall be applicable:
A.
All buildings, including accessory buildings, shall not cover more than 50% of the area of the lot.
B.
The height of any principal building shall not exceed 35 feet; and the height of any accessory building shall not exceed 20 feet, except an accessory building may be 25 feet in height, provided that it shall be a distance of at least 50 feet from the main building.
C.
Each lot shall have front, side and rear yards not less than the depths and widths following:
(1)
Front yard depth: 75 feet.
(2)
Side yard width: each, 25 feet for a one-story principal building; each, 50 feet for a two-or-more-story building; however, when a side yard abuts a street line, the width shall be 110 feet.
(3)
Rear yard depth: 50 feet for a one-story principal building; 70 feet for a two-story principal building.
D.
Off-street parking on the lot shall be provided in a paved area equal in area to one times the area of the buildings. Such parking area may extend into the side and rear yards but shall be distant not less than 30 feet from any lot line and 20 feet from any street line.
E.
Where a parking area abuts a property line, a screen of evergreen shrubs, four feet in height and 20 feet in width shall be installed and maintained along said lines.
F.
A marginal roadway 50 feet in width in the front yard and in any side yard abutting a street shall be provided. Said marginal roadway shall extend from the road or street line into the front and side yard, and shall be separated from the street by a mall 10 feet in width. No more than two openings in the mall for access shall be made on any one street, and the mall shall be curbed. The pavement in the roadway shall be 30 feet in width, and a sidewalk four feet in width shall be constructed along the inner side of the marginal roadway. All work and construction hereinabove set forth shall be in accordance with Village specifications and regulations.
§ 288-107 Convalescent homes.
A.
Notwithstanding the provisions of this chapter with respect to the maintenance and use of premises for a convalescent home, the Board of Trustees may in certain cases, after a public hearing, grant the use of a specific premises for a convalescent home or nursing home as a special exception, provided that the Board of Trustees shall make its deliberation and determination with reasonable consideration as to the following:
(1)
The character of the district.
(2)
Its peculiar suitability for a particular use.
(3)
The conservation of property values.
(4)
The building is or will be maintained and provided with adequate fire prevention safeguards, and has at least two alternate means of ingress and egress. Only ambulatory patients will be permitted on the second floor of the premises, and written approval shall be first obtained from the Nassau County Fire Marshal's office after personal inspection. A certificate of compliance and approval shall be issued by the Department of Health of the County of Nassau and such other board, bureau or department of the state or municipal government that has or exercises jurisdiction over convalescent or nursing homes.
B.
The Board of Trustees reserves unto itself the right to revoke any permit granted under this section at any time, upon the failure of the holder of such permit or license to comply with the requirements of this section or the regulations, requests or orders of the Nassau County Department of Health, the office of the Fire Marshal of the County of Nassau, the Fire Prevention Board of the Village of East Rockaway, the Superintendent of Construction of the Village of East Rockaway or any other municipal office or officer having jurisdiction over such convalescent home or nursing home.
§ 288-108 Required off-street parking.
[Amended 12-12-1994 by L.L. No. 5-1994; 12-10-2007 by L.L. No. 19-2007; 1-12-2009 by L.L. No. 1-2009; 6-8-2009 by L.L. No. 5-2009; 11-15-2010 by L.L. No. 10-2010]
A.
The owner or occupant of each building or structure erected, enlarged or altered for any one of the following uses or purposes shall provide off-street parking as follows:
(1)
Banks: one space for each 200 square feet of the office floor area for buildings of 2,000 or more square feet.
(2)
Office uses: one space for each 200 square feet of the office floor area for buildings of 2,000 or more square feet.
(3)
Retail uses, other than supermarkets: where the floor space exceeds 1,500 square feet or fraction thereof, there shall be provided one space for each 200 square feet or fraction thereof in excess of such 1,500 square feet or fraction thereof. This provision shall not apply to supermarkets.
(4)
Supermarkets: one space for each 400 square feet of floor space or fraction thereof.
(5)
Personal service use: where the floor space exceeds 1,500 square feet or fraction thereof, there shall be provided one space for each 200 square feet or fraction thereof in excess of such 1,500 square feet or fraction thereof.
(6)
Fitness center: one space for each 200 square feet of gross floor area.
(7)
Restaurant.
(a)
In buildings legally existing on June 1, 2009, one space for each 100 square feet of gross floor area or fraction thereof in excess of 2,000 square feet, or one space for each two seats or fraction thereof in excess of 20 seats, whichever is greater.
(b)
In all other buildings, one space for each 100 square feet of gross floor area or fraction thereof, or one space for each two seats or fraction thereof, whichever is greater.
(8)
Restaurant, specialty.
(a)
In buildings legally existing on June 1, 2009, one space for each 200 square feet of gross floor area or fraction thereof in excess of 2,000 square feet, or one space for each two seats or fraction thereof in excess of eight seats, whichever is greater.
(b)
In all other buildings, one space for each 200 square feet of gross floor area or fraction thereof, or one space for each two seats or fraction thereof, whichever is greater.
(9)
Restaurant, take-out.
(a)
In buildings legally existing on June 1, 2009, one space for each 200 square feet of gross floor area or fraction thereof in excess of 2,000 square feet, or one space for each two seats or fraction thereof in excess of eight seats, whichever is greater.
(b)
In all other buildings, one space for each 200 square feet of gross floor area or fraction thereof, or one space for each two seats or fraction thereof, whichever is greater.
(10)
Places of worship, theaters, clubs, lodges and other places of public assembly: one space for each four seats or for each 200 square feet of gross floor area, whichever is the greater.
(11)
Hotels: two spaces, plus one space for each guest room or unit.
(12)
Indoor sports facilities and indoor amusement centers: one space for each four seats or for each 200 square feet of gross floor area, whichever is greater.
(13)
Manufacturing, warehouses and storage buildings: one space for each 400 square feet of the gross floor area or fraction thereof, or one space for each 10 workers, whichever is greater.
(14)
Marina: one parking space for each mooring slip or dock slip. Properties wholly or partially located within the corporate boundaries of the Village of East Rockaway which have mooring slips located in the waterways which are regulated by the Town of Hempstead Department of Conservation and Waterways, and/or any other government entity which has authority over the waterway, shall be subject to any and all regulations promulgated by the Town of Hempstead or other agency having authority thereon, including their requirements for upland, off-street parking spaces as required for areas lying wholly or partially outside the corporate limits of the Village of East Rockaway.
(15)
Learning center: in buildings having a gross floor area of more than 2,000 square feet, one space for each 200 square feet of gross floor area in excess of such 2,000 square feet.
(16)
Billiard parlor: two spaces for each billiard table in the premises.
(17)
Bar/tavern: one space for each three persons legally accommodated, or one space for each 100 square feet of gross floor area, whichever is greater.
(18)
Bed-and-breakfasts: two spaces, plus one space for each guest room.
(19)
Mortuaries, undertaking or embalming parlors: 25 spaces, or one space for each 100 square feet of gross floor area, whichever is greater.
(20)
All commercial and industrial uses not otherwise provided for: one space for each four employees, or one space for each 500 square feet of gross floor area, whichever is greater.
(21)
Apartments, multiple-family dwellings, nursing homes and convalescent homes: The Board of Trustees reserves unto itself the right to lay out off-street parking areas for apartments and multiple-family dwellings for the purpose of lessening congestion on the streets and to promote safety and general welfare of the people of the Village. Such off-street parking is to be laid out by the Board of Trustees and shall be made with reasonable consideration, among other things, as to:
(a)
The location of the proposed apartment or multiple-family dwelling.
(b)
The location and situation of such apartment house or multiple-family dwelling with respect to public or municipal parking fields.
(c)
The accessibility to a main street and areas of congestion or other traffic conditions not related to or connected to the proposed apartment site or multiple-family dwelling site but peculiar to the neighborhood.
(d)
Availability of garages on the same plot or an accessory plot contiguous or otherwise under the control or ownership of the same owner as the owner of the apartment site or multiple-dwelling site.
(e)
Not less than two parking spaces shall be provided for each apartment unit in the proposed apartment building or multiple-family dwelling.
(22)
Independent senior housing: two spaces per residential unit. The Board of Trustees may reduce the parking requirement by up to 20% upon a finding that said relaxation will provide a sufficient number of on-site parking spaces for the proposed development.
B.
Whenever a building is hereafter erected or is so altered that there is an increase in floor area or the number of seats as hereinbefore provided, as required by this chapter, then there shall be furnished additional space based upon such increased floor space or such increased number of seats as the case may be.
C.
All two-family dwellings shall provide not less than two parking spaces for each apartment dwelling. No space for the parking of automobiles shall be installed or maintained on any plot in the minimum area required for the front yard of such plot, except when permitted by the Board of Zoning Appeals of the Village on findings that the enforcement of this prohibition will cause the occupant and owner of the plot undue hardship and is not required in the public interest.
D.
All parking spaces provided pursuant to the provisions of this article, or any other section of this chapter regarding parking spaces, shall be on the same lot with the building.
§ 288-109 Swimming pools.
A.
No swimming pool having a depth at any point greater than 18 inches and/or having a plane surface area larger than 99 square feet may be erected or installed without the approval of the Building Department of the Village of East Rockaway.
[Amended 5-9-1988 by L.L. No. 7-1988]
B.
Swimming pools may be installed in Residential A and B Districts only as an accessory to a dwelling for the private use of the owners or occupants of such dwelling and their families and guests, or as an accessory to a nursery school or day camp for children, and only on the conditions provided in this article and with the approval of the Board of Zoning Appeals pursuant to §§ 288-133 and 288-134 of this chapter.
C.
Notwithstanding anything in this § 288-109 to the contrary, the approval of the Board of Zoning Appeals of the Village shall not be required with respect to the erection or installation of a swimming pool in a Residential A or Residential B District, if there is compliance with all of the requirements of § 288-109F.
D.
A certificate from the Department of Health of the State of New York is required for a public swimming pool or one used as an accessory to a school, club, place of worship, lodge or other institution.
E.
A certificate of a licensed professional engineer that the swimming pool will not affect the structural soundness of the building in which it is to be erected and that the plan of installation, location, safeguards and the protection of the health, property and the safety of spectators as well as persons using the pool is required.
F.
No swimming pool shall be installed or maintained in Residential A or Residential B District unless:
(1)
Such pool is installed in the rear yard of the premises.
(2)
There shall be erected and maintained a swimming pool fence enclosing the portion of the area upon which such pool shall be installed. Such fence shall either be a quality chain link fence or a quality stockade fence in accordance with the following specifications:
(a)
Chain link fence: There shall be erected and maintained a good quality link wire fence, not less than five feet in height, with posts embedded in concrete sunk in the ground to a depth of not less than four feet in intervals of not more than eight feet, enclosing the entire portion of the premises upon which such pool shall be installed and entirely surrounding the area in which such pool is located.
(b)
Timber fence: Said fence shall extend from the ground to a height of not less than five feet, with two horizontal rails on the pool side. Galvanized steel posts shall be spaced not more than eight feet on center and set to extend four feet below grade. The frame design shall produce a rigid structure. Fabric coverings and/or fence panels shall be securely mounted and fastened to the frame and shall be not more than one inch above the grade. All fence materials shall be the No. 1 grade of the type used or chosen. The fence must be maintained in good repair at all times, and any openings caused by weathering, aging or other damage must be promptly closed with suitable matching material.
(3)
There shall be no more than one opening in the fence, and such opening shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such gate securely closed at all times when not in actual use. Such gate shall be provided with a lock which can only be opened by a key to permit entry from without, or other approved-type locking device when the pool is not in use. The self-closing device, the self-latching device and the lock shall be maintained in good working order at all times. The gate shall be closed and locked at all times when the pool is not in use.
(4)
Such pool shall not be erected closer than four feet to the rear and side property lines of the premises or, in the case of a corner lot, closer than 10 feet to any property line along an abutting street.
(5)
Such pool does not occupy more than 40% of the area of the rear yard, excluding all garages or other accessory structures located in such area.
(6)
If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.
(7)
If the water for such pool is supplied from the public water system, the inlet shall be above the overflow level of the pool.
(8)
Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.
(9)
No permission shall be granted for the installation of any swimming pool, unless the plans therefor meet the minimum Village of East Rockaway Building Department requirements nor until the owner of the premises has filed with the Building Department a certification approved by the Village Engineer or by a professional engineer licensed by the State of New York that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public highways.
(10)
No loudspeaker device which can be heard beyond the property lines of the premises on which any swimming pool has been installed may be operated in connection with such pool. Any and all lights used in connection with such pool shall be installed or arranged or set out so that they will not shine into the buildings used for dwelling purposes in or near the vicinity of said pool.
(11)
A cabana shall be permitted as an accessory to such swimming pool, provided that:
(a)
Such cabana does not exceed 7 1/2 feet in height and 700 cubic feet in total size.
(b)
Such cabana is located at least 10 feet away from all adjoining property lines, and its entrance is located within the required fencing surrounding the swimming pool.
(c)
The Building Department is satisfied that the proposed cabana shall be used only for the purpose of showering and dressing in conjunction with the use of the swimming pool.
(d)
The Building Department may use any reasonable methods to determine that § 288-109F(11) is being complied with, including the requirement of submission by the property owner of an affidavit stating that the proposed use of the cabana shall be limited to the requirements of § 288-109F(11)(c).
[Amended 2-14-1989 by L.L. No. 1-1989]
G.
Exceptions.
[Added 2-14-1989 by L.L No. 1-1989]
(1)
Aboveground pools with at least 60 inches between the pool decking or pool top and adjoining grade are exempt from the requirements of § 288-109F(2) and (3), provided that the access ladders or steps can be blocked in an approved manner, rendering them unusable when not intended for use. A pool top, for the purposes of this subsection shall include attached or built-in fencing.
(2)
A pool less than 18 inches deep is exempt from the requirements of § 288-109F(2) and (3).
§ 288-110 Hot tubs.
[Added 5-9-1988 by L.L. No. 6-1988]
A. HOT TUB
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any receptacle, other than swimming pools as defined in § 288-2, installed in any exterior portion of the yard of any residential, apartment, Commercial A or industrial property within the Village, for the containment of water or other liquids for recreational, therapeutic or other purposes, which shall have a capacity of more than 16 cubic feet, regardless of whether it shall contain electrical connections or devices affixed thereto.
B.
Installation. No hot tub shall be installed unless a building permit shall have been issued in accordance with the provisions of this chapter. In addition to the requirements for building permits as provided in this code, every such application therefor shall include specifications for water supply, overflow, filtration and drainage systems and fencing with approved landscaping.
C.
Bromination and chlorination. Bromination and chlorination must be maintained continuously, and testing therefor shall be done daily to conform to the bacterial content and other standards established by the New York Sanitary Code relating to public swimming pools, as provided in the Public Health Law of the State of New York and the Health Codes of the County of Nassau. Records of testing shall be maintained by the owner or resident of the premises for three years and of the adjustments of such levels made with appropriate chemicals.
D.
Temperature. The temperature of any hot-water installations shall not exceed 103° F.
§ 288-111 Billiard parlors. [1]
A.
Notwithstanding the provisions of this chapter, with respect to the use, erection or alteration of any building or structure on a plot or parcel of land in an Industrial District, the Village Board may, in a specific case, after public notice and hearing and subject to appropriate conditions and safeguards, authorize as a permissive use and at a specific location in an Industrial District the erection, maintenance and use of such structure as a billiard parlor, provided that before granting such permissive use, the Board of Trustees shall determine:
(1)
That the use a billiard parlor will not prevent the orderly and reasonable use of the adjacent property or properties within the same use districts or adjacent districts.
(2)
The safety, health, welfare, comfort, convenience or the order of the Village will not be adversely affected by the proposed use and its location.
(3)
That the granting of the application of the petitioner will be in harmony with and promote the general purposes and intent of this chapter.
(4)
That the granting of a permissive use or special exception will not cause any fire hazard nor in anyway affect the structural soundness of a building.
(5)
Whether such permissive use or special exception will create a hazard to life, limb or property, a traffic hazard or interfere with the entry and operation of fire and other emergency apparatus by reason of the physical characteristics of the particular location or area.
B.
The Board of Trustees, if it shall determine to authorize such permissive use, shall impose such conditions and safeguards as it may deem appropriate, necessary or desirable to protect the spirit and objectives of this chapter.
C.
The following conditions, rules and regulations shall, among others, be the minimum requirements in the event that such a permissive use is granted:
(1)
Any such billiard parlor must have a minimum of 10 tables located within the premises at all times.
(2)
Such structure shall be fully lighted at all times after sunset until closing and must be completely visible from the exterior at all times.
(3)
Separate rest rooms for men and women shall be provided, and each shall contain a minimum of two toilets and also washroom facilities in each of such rest rooms.
(4)
No liquor shall be served, sold or brought either into the billiard parlor or upon the premises occupied by the structure or its adjacent parking facilities.
(5)
No food or soft drinks shall be sold upon the premises.
(6)
Such billiard parlor shall occupy a first floor area only, and if located in a building having more than two floors, only the first floor shall be used for billiard parlor purposes.
(7)
Off-street parking accommodations shall be provided in the ratio of two parking spaces for each billiard table in the premises. In determining the parking area to be provided for the parking of motor vehicles, there shall be provided 240 square feet for each motor vehicle so as to allow for access to such parking area.
(8)
No one shall be admitted to such billiard parlor under the age of 18 years, either as a participant or a spectator.
(9)
The off-street parking area on such premises shall be fully lighted during the use thereof, and such lighting shall be so screened so as not to annoy persons living in any adjacent residential areas. Such parking area shall be fully enclosed with a chain link fence and provided with entrance gates leading to the public highway. Such parking field shall be completely cleared of motor vehicles by 1:00 a.m., the gates securely locked, and no overnight parking or storage of motor vehicles shall be permitted in the parking field.
(10)
Such billiard parlor shall close at 12:00 midnight.
(11)
Such billiard parlor shall be closed on Sundays.
(12)
No loitering shall be permitted.
(13)
The Board of Trustees shall also impose such additional conditions or safeguards as it may deem necessary or appropriate to protect the spirit and purpose of this section.
§ 288-112 Adult uses.
[Added 8-14-1995 by L.L. No. 3-1995; amended 5-13-2019 by L.L. No. 4-2019; 9-12-2022 by L.L. No. 13-2022]
The following adult uses shall be allowable in the Industrial B Zone and in no other zone.
A.
Legislative intent.
(1)
In the execution of this section it is recognized that there are some uses which are entitled to a certain degree of constitutional protection. Nevertheless, such uses, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.
(2)
It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Village of East Rockaway.
(3)
These special regulations are itemized in this section to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.
B. ADULT BOOKSTORE ADULT DRIVE-IN THEATER ADULT ENTERTAINMENT CABARET ADULT MOTEL ADULT NOVELTY STORE ADULT THEATER BODY PIERCING SALON DANCE HALL HEAD SHOP HOOKAH BAR MARIJUANA RETAIL STORE MASSAGE ESTABLISHMENT MEDICAL MARIJUANA DISPENSARY PEEP SHOWS TATTOO PARLOR VAPE SHOP
Definitions. As used in this section, the following adult uses are defined as follows:
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes, computer software and sexual paraphernalia and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
A drive-in theater that customarily presents motion pictures that are not open to the public generally but excludes any minor by reason of age.
A public or private establishment which presents nude or partially nude dancers, strippers, male or female impersonators or exotic dancers or other similar entertainment, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
A motel which is not open to the public generally but excludes minors by reason of age, or which make available to its patrons in their rooms films, slide shows or videotapes, which if presented in a public movie theater would not be open to the public generally but would exclude any minor by reason of age.
An establishment having as a substantial or significant portion of its stock-in-trade adult novelties or materials as such are defined in § 235.00, Subdivision 2, of the Penal Law of the State of New York, and which establishment is customarily not open to the public generally but exclude any minor by reason of age.
A theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally but exclude any minor by reason of age.
An establishment which performs piercing activities upon body parts and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
Any room, place or space in which dancing is carried on and to which the public may gain admission either with or without the payment of a fee.
An establishment having any portion of its stock-in trade in drug-related paraphernalia or accoutrements, vape products, liquid nicotine, powdered tobacco, bidis, gutka, shisha, cannabis, cannabinoids, CBD, hookah items or any similar products.
Any facility or location whose business operation, whether as its primary use or as an ancillary use, includes the smoking of tobacco or other substances through one or more hookah pipes (also commonly referred to as a "hookah," "waterpipe," "shisha" or "narghile"), including, but not limited to, establishments known variously as "hookah bars," "hookah lounges" or "hookah cafes."
A building, structure or premises engaged in the sale, use or distribution of marijuana and/or marijuana products for nonmedical use. A building, structure or premises shall be considered a marijuana retail store regardless of whether products in addition to marijuana products are offered for sale, use or distribution at the building, structure or premises and regardless of the amount of marijuana or marijuana products available for sale, use or distribution at the building, structure or premises in comparison to other products offered for sale, use or distribution at the building, structure or premises.
Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck, feet, hands or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.
An establishment which performs tattoo activities and which is not open to the public generally but excludes minors by reason of age.
Any facility or location whose business operation, whether as its primary use or as an ancillary use, includes the smoking or selling of electronic cigarettes, vapors, e-liquids, otherwise legal marijuana derivatives, or other substances that are smoked through an electronic cigarette or any similar product.
C.
Restrictions.
(1)
Notwithstanding any provision of this section to the contrary, the adult uses defined above shall be restricted as to location in the following manner in addition to any other requirements of the Building Zone Ordinance or Village Code:
(a)
Any of the above uses shall not be located within a one-hundred-foot radius of any Residential or Apartment District.
(b)
Any of the above uses shall not be located within a five-hundred-foot radius of another such use.
(c)
Any of the above uses shall not be located within a five-hundred-foot radius of any school, church or other place of religious worship, park, playground or playing field.
(d)
Not more than one of the above uses shall be located on any lot.
§ 288-113 Temporary storage units.
[Added 5-7-2007 by L.L. No. 8-2007; 9-14-2009 by L.L. No. 12-2009; 12-10-2018 by L.L. No. 2-2018; 4-8-2019 by L.L. No. 3-2019; 5-13-2019 by L.L. No. 4-2019]
A.
Purpose and intent. The purpose of this section is to allow for the temporary placement and use of temporary storage units on properties within the Village of East Rockaway, subject to regulations that the Board of Trustees has determined to be necessary to ensure that the placement and use of said temporary storage units will not offend the health, safety and aesthetics objectives of the Village. Accordingly, it is the intent of this section to regulate the placement and use of temporary storage units in order to promote the health and safety of the residents of the Village and to preserve the aesthetic value of its neighborhoods.
B. APPLICANT SUPPLIER TEMPORARY STORAGE UNIT
Definitions. As used in this section, the following terms shall have the meanings indicated:
A person or entity that owns, rents, occupies, or controls a property and seeks and/or obtains a written permit to place a temporary storage unit on said property.
The person or entity that supplies a temporary storage unit for use on the applicant's property.
A transportable unit or container, including those containers manufactured or supplied under the trade name "Portable On Demand Storage" or "PODS," designed and used primarily for the temporary storage of building materials, household goods, personal property of any kind, and other such materials for use on a limited basis. Such units shall not be considered an accessory structure as provided in this chapter.
C.
Permit required. No person shall place a temporary storage unit on any property in the Village unless the person that owns, rents, occupies, or controls the property first obtains a written permit from the Village Clerk to do so.
D.
Application; fee.
(1)
A property owner seeking a permit to place a temporary storage unit on his or her property must submit an application, on a form provided by the Village Clerk, which shall include, but not be limited to, the following information:
(a)
Name and address of the applicant.
(b)
Name and address of the supplier of the temporary storage unit.
(c)
The address of the property where the temporary storage unit will be located.
(d)
The intended use for the temporary storage unit.
(e)
A description or diagram of the location where the temporary storage unit will be placed on the property.
(f)
A physical description of the temporary storage unit, including its physical dimensions.
(g)
The dates when the temporary storage unit will be placed on the property.
(2)
All applications for permits to place a temporary storage unit and extensions thereof shall be accompanied by a fee of $50.
E.
Duration; extensions.
(1)
Permits to place a temporary storage unit shall be granted for a period of 30 days. Each property is limited to a maximum of two permits per calendar year, and a minimum of 15 days shall elapse between the end of one permit period and the beginning of another.
(2)
At the expiration of the thirty-day period, a permit may be extended for one additional thirty-day period for good cause shown. Where a valid building permit exists for the premises and the temporary storage unit is being used solely to store the personal property of the owner or occupant of the premises, multiple thirty-day permit extensions may be granted for good cause shown. In no event shall the duration of a permit and all extensions exceed more than one year from the date of the original permit.
F.
Requirements for placement and use of temporary storage units. The following requirements shall apply to the placement and use of temporary storage units:
(1)
It shall be unlawful for any person or entity to place or permit the placement of a temporary storage unit on property located within the Village without obtaining a written permit as provided above.
(2)
Only one temporary storage unit shall be located on any one property at any given time.
(3)
Temporary storage units shall be limited to a maximum size of nine feet in height, 10 feet in width or 20 feet in length.
(4)
Temporary storage units shall not be located in any portion of the front yard, other than on a driveway or other paved surface. When placed on a driveway, temporary storage units must be placed at the farthest accessible point from the street. A temporary storage unit shall not be placed less than five feet from a property line.
(5)
Temporary storage units are prohibited from being placed in or on public or private roadways or rights-of-way.
(6)
Temporary storage units shall not be located in a manner that blocks the flow or obstructs the vision or sight of vehicles and pedestrians traveling on public or private roadways, sidewalks or parking lots.
(7)
The applicant, as well as the supplier, shall be responsible for ensuring that the temporary storage unit is installed and maintained in a good and safe condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks, or in any way which might create a hazard to the general public or an unsightly condition on the property.
(8)
Temporary storage units shall be conspicuously marked with the name and address of the supplier and have affixed thereon a copy of the written permit authorizing the placement of the temporary storage unit on the property.
(9)
No temporary storage unit shall be used for habitable purposes or to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for use other than at the property where the temporary storage unit is located (i.e., used for retail sales) or any other illegal or hazardous material. Upon reasonable notice to the applicant, the Village may inspect the contents of any temporary storage unit at any reasonable time to ensure that it is not being used for any prohibited purpose.
(10)
A temporary storage unit that is not removed at the end of the time for which permission has been granted shall be deemed to be an illegal structure and may be removed by the Village immediately, without notice, and the costs and expenses thereof shall be certified to the Board of Trustees, which shall assess such costs and expenses against the property on which the temporary storage unit was located, to be collected and enforced in the same manner as real property taxes.
G.
Revocation of permit. If the applicant or supplier fails to comply with the requirements for the placement and use of temporary storage units, the Village Clerk shall revoke the permit. Upon revocation of the permit, the temporary storage unit shall be removed from the property within 24 hours.