East Rockaway City Zoning Code
ARTICLE VI
Waterfront Commercial District
§ 288-38 Intent.
It is the intent of the Waterfront Commercial District to:
§ 288-39 Permitted uses.
Permitted uses are as follows:
A.
Boat rental and sales.
B.
Marina/yacht club.
C.
Public parking lots.
D.
Public dock.
E.
Restaurants (without drive-through windows).
[Amended 12-10-2007 by L.L. No. 19-2007]
F.
Restaurants, specialty.
G.
Retail, small-scale.
H.
Art galleries.
I.
Bakeries.
J.
Bed-and-breakfasts.
K.
Fish markets (primarily retail).
L.
Maritime or historic museum.
M.
Theaters for the performing arts.
§ 288-40 Special exception uses.
The following uses are permitted upon approval of the Board of Trustees in accordance with the standards of § 288-136 and any additional conditions outlined in this chapter:
A.
Private parking lots (to be screened in accordance with Board of Trustees approval).
C.
Seasonal sidewalk seating area, where the following conditions are met:
[Added 12-10-2007 by L.L. No. 17-2007]
(1)
No portion of a seasonal sidewalk seating area, including tables, chairs, awnings, umbrellas or other fixtures, shall be located within four feet of the curb or permanent sidewalk fixture, excluding parking meters, traffic signs and trees.
(2)
No portion of a seasonal sidewalk seating area shall extend beyond the frontage of the structure that is used by the principal business.
(3)
No table or chair, or other object or fixture located within a seasonal sidewalk seating area shall be leaded, cemented, nailed, bolted, power riveted, screwed in or affixed, even in a temporary manner, to either the sidewalk, building or any other structure.
(4)
All awnings and umbrellas located within a seasonal sidewalk seating area shall be adequately secured, retractable and made of a noncombustible frame covered with a flameproof canvas or cloth, slow burning plastic or other equivalent material, but not including glass.
(5)
Any planters (including the vegetation within), railings or fences used as part of a seasonal sidewalk seating area shall be self-supporting and shall not exceed 36 inches in height.
(6)
No structure or enclosure to accommodate the storage of garbage may be erected or placed with a seasonal sidewalk seating area.
(7)
No fixtures shall be placed on the sidewalk prior to the effective date of a permit for a seasonal sidewalk seating area, and all such fixtures shall be removed from the sidewalk upon the expiration of said permit.
(8)
There shall be no outdoor loudspeakers or live entertainment of any kind within a seasonal sidewalk seating area.
(9)
The owner of the business that obtains a permit for a seasonal sidewalk seating area shall assume the sole responsibility for all injuries to persons or property incurred as a result of the location and use of the seasonal sidewalk seating area, and shall agree to indemnify and hold harmless the Village of East Rockaway, and its employees, agents and officers, from and against any and all claims or suits which may be advanced or instituted against the Village which relate to the location and use of the public sidewalk as a seasonal sidewalk seating area. Prior to the issuance of a permit, the applicant shall execute an indemnity and hold harmless agreement, in a form acceptable to the Village Attorney, and file the same with the Village Clerk.
(10)
The owner of the business seeking a permit for a seasonal sidewalk seating area shall procure and maintain during the term of the permit a policy of general liability insurance satisfactory to the Village, in a form approved by the Village Attorney, and an endorsement naming the Village as a named insured, covering the use of the public sidewalk as a seasonal sidewalk seating area. The limits of liability under such insurance shall be not less than $1,000,000 per accident, single limit. Prior to the issuance of a permit, the applicant shall file a valid policy or certificate thereof, and the required endorsement, with the Village Clerk.
(11)
Permits for a seasonal sidewalk seating area must be applied for annually, and shall become effective no earlier than May 1 and shall expire by no later than September 30 of each calendar year.
§ 288-41 Building height.
§ 288-42 Rear yards.
A rear yard is required on every lot, and the depth of a rear yard shall be at least 10 feet.
§ 288-43 Parking for new buildings on certain lots.
[Amended 9-14-2009 by L.L. No. 8-2009]
The Board of Trustees reserves the right to approve the off-street parking facilities and location of any proposed structure on property in the district when a building or buildings are to be erected on property having a frontage of more than 100 feet on an area of more than 10,000 square feet.
§ 288-44 Parking credits for existing buildings.
[Added 9-14-2009 by L.L. No. 8-2009]
A.
The Board of Trustees, following a public hearing, may provide parking credits in exchange for the applicant restoring or rehabilitating an existing building located in the Waterfront Commercial District which, at a minimum, shall include the rehabilitation or restoration of the building's exterior facades in conformance with the area's nautical waterfront theme and/or historical character. The parking credit shall be in the form of a reduction in the minimum number of parking spaces that are required for the particular use under § 288-108 of this chapter.
B.
The Board of Trustees may provide a parking credit of up to one parking space for each $10,000 that it determines is to be invested in the rehabilitation or restoration of the building.
C.
Submission requirements; factors in determining adequacy of parking.
(1)
Applicants seeking a parking credit shall submit detailed colored renderings of all exterior facades and an estimate of the cost for the restoration or rehabilitation, certified by a licensed architect or contractor. The Board may ask for additional information, including copies of additional cost estimates and materials specifications. Applicants must also demonstrate, to the satisfaction of the Board of Trustees, that the use will be served by an adequate number of off-site parking spaces to meet the actual parking demand for the use.
(2)
The following may be considered by the Board of Trustees in determining the adequacy of off-site parking:
(a)
Municipal parking lots located within 400 feet of the applicant's property;
(b)
On-street parking spaces located in close proximity to the applicant's property; and
(c)
Shared parking when it can be demonstrated through a documented parking study that the demand for parking for the applicant's use can be satisfied by sharing off-street parking facilities provided by other uses located in close proximity to the applicant's property and which do not normally operate during the same hours as the applicant's use.
D.
The decision of whether to grant a parking credit and, if so, the amount of the parking credit shall rest in the sole discretion of the Board of Trustees.
E.
All applicable requirements of the State Environmental Quality Review Act (SEQRA)[1] shall be complied with as part of the review and hearing process for a parking credit.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
F.
No certificate of occupancy shall be issued for any building for which a parking bonus has been granted until the Superintendent of Construction is satisfied that the applicant has actually made the monetary investment that formed the basis for the amount of the parking credit that was granted.