Glen Cove City Zoning Code
ARTICLE XIV
Commercial Districts
§ 280-65 B-1 Central Commercial District.
[Amended 11-26-1985; 5-14-1991; 6-27-1995; 3-12-1996; 7-27-1999; 9-26-2000; 3-13-2001]
A.
Purpose. The purpose of the B-1 Central Commercial District is to legitimize, support and preserve the central commercial district in Glen Cove and help preserve the sense of place associated with the District. By establishing this District, the City intends to encourage a wide range of uses that reflects the importance of downtown as a well-designed, pedestrian-friendly, community-wide business, government, entertainment center with uses that service the entire community and surrounding area.
B.
Permitted principal uses. The following uses shall be permitted, providing that such uses shall be located in fully enclosed structures:
[Amended 8-24-2010]
(1)
Retail stores and shops.
(2)
Pharmacies.
(3)
Repair shops except for motor vehicle and heavy equipment repair.
(4)
Professional dry-cleaning and laundry dropoff and pickup service.
(5)
Rental of apparel, such as tuxedos and formal wear.
(6)
Florist shops with no outdoor storage.
(7)
Photography and art galleries.
(8)
Photography or art studios.
(9)
Medical, professional and business offices.
(10)
Travel agencies.
(11)
Real estate and real estate brokers offices.
(12)
Financial institutions, and drive-throughs accessory to the financial institutions.
(13)
Government offices.
(14)
Professional tailors.
(15)
Custom printing shops not involved in the printing of periodicals, books, catalogs or similar items requiring frequent delivery or shipment of large quantities of materials, and further provided that such printing shop shall consume not more than 2,500 square feet.
(16)
Stationery stores.
(17)
Schools for the instruction of personal artistic or physical skills such as fine arts, performing arts, martial arts, crafts, dance, and music to patrons in sessions not to exceed two hours each.
(18)
Museums, concert halls and performing arts theaters.
(19)
Fully enclosed personal service shops, such as barber shops, hairdressers, nail salons, tanning salons and other similar personal services, provided that such uses shall be located no closer than 150 feet to a similar establishment and shall have 40 feet or less of ground-story frontage.
[Added 7-26-2022 by L.L. No. 05-2022]
D.
Lot area and building requirements for principal uses.
(1)
Minimum lot area: none.
(2)
Minimum lot width: 20 feet.
(3)
Minimum setback from front property line: 10 feet.
(4)
Minimum rear yard: 10 feet.
(5)
Minimum interior side yards: none, except if side yards are provided, each side yard shall be six feet. Such side yard shall be properly landscaped in accordance with a landscape plan to be approved by the Planning Board as part of site plan approval. Where such side yard is designated to provide access to the rear of the property, a three-and-one-half-foot sidewalk shall be provided.
(6)
Minimum corner side yard: 10 feet.
(7)
Maximum height: three stories, and in no event to exceed 45 feet.
(8)
Maximum coverage: 80%.
F.
Lot and building requirements for accessory uses shall be the same as for principal uses denoted in § 280-65D.
[Amended 8-24-2010]
G.
Special uses permitted at the discretion of the Planning Board.
(3)
Public utility installations, buildings and structures, provided that the same are suitably located and planned as to site, lot area, height, yards and exterior appearance.
(6)
Restaurants, fast-food restaurants or take-out restaurants, provided that there is adequate parking in accordance with Subsection G (Parking and loading) and subject to the following conditions:
[Amended 8-24-2010]
(a)
In the interest of preserving the balance of businesses and ensuring the success of restaurant business starts in downtown Glen Cove, the applicant shall prepare a narrative that demonstrates the following: the market potential for the proposed use, location of stores within the B-1 Business District that offer similar services, peak times of service and similar businesses within 500 feet of the proposed restaurant. This information shall be used to estimate the likelihood of success and potential economic viability for the new restaurants. The Planning Board shall consider this in conjunction with criteria in § 280-20 before a permit may be issued.
(b)
Plan for policing trash/litter pickup around the site.
(c)
Comment from BID regarding the consistency with the overall marketing plan for the CBD, where practicable.
(7)
Theaters, subject to the following conditions:
[Amended 8-24-2010]
(a)
Drive-in theaters shall not be permitted.
(8)
Telephone exchange, funeral home, fire station, electric substation, taxi office.
[Amended 8-24-2010]
(9)
Educational institutions, including colleges, universities, junior colleges; business, banking, business management, secretarial and office services schools; computer and data processing schools, art and drafting schools; barber, beauty and cosmetology schools; commercial or noncommercial food preparation schools; photography schools; schools for fashion design, under the following conditions:
[Amended 8-24-2010]
(a)
The curriculum shall be approved by the New York State Department of Education, if applicable.
(b)
Where housing accommodations for students are provided, they shall meet the requirements for multifamily and residential mixed-use buildings as otherwise regulated within the B-1 District.
(c)
No music or noise shall be audible beyond the immediate premises.
(d)
All other provisions of this District shall apply.
(10)
(11)
Dance hall, bowling alley, skating rink, lodge or assembly hall, radio station studio.
[Added 8-24-2010]
(12)
Billiard parlor, club, discotheque, bar, subject to the following conditions:
[Added 8-24-2010]
(a)
In order to ensure public safety and provide visual interest, windows facing the street shall be transparent glass, and clear unimpeded view into the premises shall be afforded from the street;
(b)
Establishments shall be open to the general public;
(c)
In order to promote a variety of uses within the downtown, and to preserve the traditional character of the B-1 District as an environment appropriate to persons of all ages, no such establishment shall be located closer than 400 feet to a similar establishment;
(13)
Multiple dwellings and residential mixed-use buildings, provided that the following conditions are satisfied:
[Amended 8-24-2010]
(a)
Minimum parcel size is 40,000 square feet for exclusively residential structures. Residential mixed-use buildings shall meet the minimum lot size requirement for the nonresidential uses contained within the buildings but in no case shall be located on a lot of less than 5,000 square feet. Lot sizes for nonresidential uses are as determined elsewhere in this Code.
(b)
Each dwelling unit shall have no more than three bedrooms. No more than 1/3 of the units proposed within a structure shall be one-bedroom or efficiency units.
(c)
Minimum livable floor area for residential uses shall be as follows:
(d)
The minimum lot area per residential unit shall be as follows; provided, further, that all coverage, height and setback requirements are satisfied:
(e)
In order to preserve the linear continuity of commercial ground floor spaces within the downtown, no residential units shall be permitted within a building story affording direct exterior access to grade and within 80 feet of Bridge Street, School Street or Glen Street between School Street and Pulaski Street.
(f)
Maximum coverage shall be 65% for exclusively residential structures; 80% for all other structures including mixed-use residential.
(g)
Minimum interior side yards for any exclusively residential structure shall be 15 feet. Such side yard shall be properly landscaped in accordance with a landscape plan to be approved by the Planning Board as part of site plan approval. Where such side yard is designated to provide access to the rear of the property, a three-and-one-half-foot sidewalk shall be provided. All other yard and setback requirements of the District shall apply.
(h)
Required open space. There shall be provided not less than 200 square feet of usable open space for each efficiency unit; 300 square feet of usable open space for each one-bedroom unit; 350 square feet of usable open space for each two-bedroom unit; and 400 square feet of usable open space for each unit containing three or more bedrooms therein. For any development containing 15 or more units, such usable open space shall be devoted to improved and landscaped play and sitting areas for the use of the residents thereof. The design, layout and equipment of such usable open space areas shall be subject to the approval of the Planning Board.
(i)
All residential units shall be accessible by an operational elevator(s) appropriately sized to serve the number of units proposed.
(k)
Adjustment of parking requirements for mixed-use buildings. One required residential parking space may be eliminated for each 1,500 square feet of retail space proposed, and one required residential parking space may be eliminated for each 750 square feet of office space proposed.
(l)
The City of Glen Cove finds that safe and attractive environs are critical to the ongoing viability of Glen Cove's B-1 Zoning District and that residential use of the B-1 is only compatible with the commercial environment if kept in a safe and well-maintained state. To ensure the ongoing safety of residents and visitors to the downtown and City's commercial areas and to ensure a well-maintained exterior appearance, any residential structure or contiguous structures in common ownership that contain more than six units shall be supervised by a superintendent. Structures with units whose residents are members of a common condominium or homeowners association shall be deemed to be in common ownership for purposes of this provision. Guarantees shall be provided to the Planning Board that the superintendent will be given adequate authority and resources to properly maintain the structure and grounds, and that the superintendent will be authorized to act on behalf of the owner in fulfilling the requirements of the City of Glen Cove.
(14)
Senior citizen congregate housing, provided that the following conditions are satisfied:
(a)
Minimum parcel size shall be 40,000 square feet.
(b)
Units shall be limited to efficiency and two-room suites. Food storage and service areas may be permitted, but no cooking facilities shall be permitted except for microwaves.
(c)
Units shall be occupied by persons at least 65 years of age, except that up to 10% of the total number of occupants may be less than 65 years of age, but not less than 55 years of age.
(d)
In any single development, not more than 20% of the units shall be occupied by two persons; no unit may be occupied by more than two persons.
(e)
Construction shall meet handicapped standards of the New York State Uniform Fire Prevention and Building Codes, i.e., doorways and corridors shall be designed to accommodate wheelchairs, bathroom grab bars shall be included, built-in furniture shall be designed to accommodate handicapped persons, entrances and elevators shall be handicapped accessible, etc.
[Amended 8-24-2010]
(f)
Structure(s) shall include facilities for common eating.
(g)
Facility shall include community room for meeting and recreation purposes.
(h)
The development may include other facilities such as offices for medical, diagnostic or emergency services, counseling and similar functions, store for sale of convenience goods, medical supplies and products made by residents.
(i)
No senior citizen congregate housing facility is permitted in any structure fronting on School Street between Highland Road and Glen Street or on Glen Street between School Street and Cove Street.
[Amended 8-24-2010]
(j)
Off-street access shall be provided for emergencies and deliveries; a loading zone shall be designated.
[Added 8-24-2010[6]]
[6]
Editor's Note: This ordinance also repealed former Subsection G(11)(j), regarding height limitations of structures, former Subsection G(11)(k), regarding minimum coverage of structures, and former Subsection G(11)(l), regarding interior side yard regulations.
(k)
Required open space. There shall be provided in each congregate housing development not less than 100 square feet of usable open space for each residential unit; the design, layout, landscaping and furnishing of such usable open space areas shall be subject to the approval of the Planning Board.
[Added 8-24-2010]
H.
Parking and loading.
(1)
Off-street parking requirements.
Use | Required Spaces | |
|---|---|---|
Retail business | 1 for each 250 square feet of gross floor area | |
Service business | 1 for each 200 square feet of customer service area | |
Banking office | 3 for each person employed therein as a teller | |
Restaurant | 1 for each 3 seats plus 1 for each 2 persons employed therein | |
Professional or business | 1 for each 200 square feet | |
office not for a doctor or dentist | exclusive of bulk storage and utility areas or 1 employee, whichever is greater | |
Office of doctor or dentist | 1 for each 150 square feet of office space, or 4 for each doctor or dentist, plus 1 per employee, whichever is greater | |
Theater or other place of public assembly | 1 for each 4 seats | |
Membership clubs and fraternal lodges | 1 for each 2 employees, plus 1 for each 300 square feet of floor area or each 5 seats within the dining room or the principal meeting room, whichever is most appropriate to the customary use thereof | |
Bowling alley | 4 per alley | |
Hotel or motel | 1 for each guest room plus 1 for each 2 employees | |
Colleges, universities, etc. | 1 space for each staff member plus .75 space for each student, plus 1 space for each 5 seats in the largest assembly hall | |
Multiple residences and townhouses | 2 for each 1-or-more bedroom unit; 1 for each efficiency unit | |
Senior citizen congregate housing | 1 per two 2 dwelling units | |
Uses not listed | 1 per 250 square feet or as determined by the Planning Board to be needed. See also Note B below. | |
Fast food or take-out restaurants | 1 per 2 seats or 1 for each 40 feet of customer service areas, whichever is greater |
NOTES: | ||
|---|---|---|
A. | All or portions of the off-street parking requirement may be waived by the Planning Board, provided that: | |
(1) | The proposed use is within 300 feet of a municipally operated off-street parking facility. | |
(2) | The Planning Board shall, at the time of its approval of a site development plan, certify on such plan that the municipally operated off-street parking facility has adequate capacity for storage of passenger vehicles generated by activities proposed to be conducted on the subject lot in addition to those generated by any other lots already serviced by such off-street parking facility. In determining the existence of such adequate capacity, the Planning Board shall consider the need for preventing frequent parking on the street by persons visiting or connected with each use which is proposed to be served by such off-street municipal parking facility. | |
B. | Where two or more uses are on the same lot, the total amount of parking spaces to be provided shall be the sum of the requirements, if any, for each individual use on the lot; the Planning Board may vary this requirement if the Board finds that the variation in the probable time of maximum use by employees and/or patrons of such establishments is such as to permit a variation; however, once one or more of the uses terminates, the property owner shall be responsible for assuring adequate parking in conformance with the standards set herein. | |
C. | The Planning Board may also approve the joint use of a parking lot for uses of contiguous parcels as long as the Board is satisfied that the total number of spaces is adequate as computed above. | |
(2)
Off-street loading requirements.
I.
Other provisions and requirements.
(1)
Whenever an off-street parking area of three or more spaces faces a street, a planting area with a minimum width of three feet shall be provided between the parking area and the sidewalk. The planting plan for this strip shall be approved by the Planning Board as part of the site plan review. Plantings shall be a minimum of three feet high, planted three feet on center.
(2)
Where a permitted use or special permit use in this District is proposed to be located adjacent to a residential district, a side yard shall be provided consistent with the requirement of said residential district. Likewise, no accessory structure shall be permitted in a side yard or within 10 feet of a rear property line where a use is adjacent to a residential district. A planting screen at least four feet wide, eight feet high, adequate to block the view of the nonresidential use shall be required.
§ 280-65.1 CBD Overlay Commercial District.
[Added 8-24-2010]
A.
The purpose of the CBD Overlay District is to provide a core concentration of commercial uses that will serve to provide a critical mass of cross-patronizing pedestrian-oriented businesses as a pedestrian-scale destination in the heart of the City. The City Master Plan sets forth a number of recommendations for Glen Cove's downtown, including maintaining the downtown's scale and character; enriching the mixed-use character of the downtown; creating an arts and entertainment district; enhancing walkability and amenities; supporting the business community's revitalization efforts; addressing perceived and actual parking problems; and improving connections to the rest of Glen Cove. The CBD Overlay District outlines the core area that is traditionally considered to comprise Glen Cove's downtown. It is the purpose of this district to continue and enhance the traditionally built environment of the downtown that is and should continue to be dominated by pedestrian-friendly streets and building scales. Further, it is the purpose of this district to promote businesses that will promote cross-patronization through providing a wide variety of retail, restaurant, arts, and entertainment and by maintaining a regular rhythm of storefronts along School, Bridge and Glen Streets that will encourage visitors to the downtown to explore the district and all its potential offerings. The area to be included in the CBD Overlay Commercial District is reflected on the CBD Overlay Map, prepared by the Turner Miller Group, dated August 23, 2010, on file in the office of the Glen Cove City Clerk.
B.
Relation to underlying zoning. The requirements of the CBD Overlay Commercial District are intended to supplement the requirements of the underlying zoning. Where competing standards exist in the CBD and underlying districts, the CBD standards shall govern.
C.
Special conditions applicable to permitted principal uses of the underlying zoning:
(2)
To retain the most important ground floor spaces for uses which generate high pedestrian traffic and thereby ensure the greatest opportunity for the success of the Central Business District as a whole, medical, professional and business offices shall not be permitted in ground floor spaces. They shall require a special use permit. The continuance of an office in existence on the effective date of this section and located within the CBD Overlay District or the relocation of an office in existence on the effective date of this section to another ground floor space within the CBD Overlay District shall be a permitted use.
(3)
To ensure a variety of uses appealing to a wide range of patrons, the following uses shall be located no closer than 150 feet to a similar establishment and shall have 40 feet or less of ground story frontage, which is consistent with the current scale of the Central Business District:
(4)
To ensure continuous visual interest throughout the Central Business District, and to encourage pedestrian traffic throughout the district, schools for the instruction of personal artistic or physical skills such as fine arts, performing arts, martial arts, crafts, dance, and music shall provide internal reception or instructional areas visible from the street.
D.
In addition to uses prohibited by the underlying zoning, the following uses are also specifically prohibited within the CBD Overlay District:
E.
Special conditions applicable to accessory uses permitted by the underlying zoning:
F.
Additional criteria applicable to special use permits allowed by the underlying zoning:
(1)
In order to ensure that those uses that generate significant vehicular traffic do not interfere with pedestrian traffic, and to ensure a variety of uses appealing to a wide range of patrons, the following uses shall be designed in a manner that locates structures, access points, parking and curb cuts in a manner that does not conflict with pedestrian traffic or the continuous linear procession of commercial ground floor spaces within the downtown:
(a)
Hotels, including accessory conference facilities.
(b)
Theaters.
(c)
Institutions for higher learning, including colleges, universities, junior colleges; business, banking, business management, secretarial and office services schools; computer and data processing schools, art and drafting schools; barber, beauty and cosmetology schools; commercial or noncommercial food preparation schools; photography schools; schools for fashion design.
(2)
To ensure a variety of uses appealing to a wide range of patrons, the following uses shall be located no closer than 150 feet to a similar establishment and shall have 40 feet or less of ground-story frontage, which is consistent with the current scale of the Central Business District:
[Amended 7-26-2022 by L.L. No. 05-2022]
(a)
Dance hall, bowling alley, skating rink, billiard parlor, radio station studio, lodge or assembly hall, club, discotheque, or bar.
G.
Additional special use permits permitted in the CBD Overlay District:
(1)
Core-density residential mixed-use development. In order to introduce a population of resident patrons and to increase the vibrancy of the Central Business District during a greater time period throughout the day, the Planning Board may allow mixed-use residential developments at residential densities of up to 50 units per acre (725 square feet per residential unit) where the following provisions are met:
(a)
Residential mixed-use developments are special use permits in the underlying zoning district and the proposed development satisfies all criteria of the residential mixed-use development special permit with the exception of density and open space requirements;
(b)
At least 175 square feet of commercial floor area is proposed for each unit proposed;
(c)
At least one off-street parking space per three residential units is provided within a parking structure integrated with the principal structure not substantially visible from any public right-of-way;
(d)
At least 50 square feet of usable contiguous open space per unit is provided. Such open space may be available to the general public and may be dedicated to the City of Glen Cove subsequent to site plan approval and shall thereafter continue to satisfy this requirement.
(e)
In addition to the open space requirement, at least 30 square feet per unit of improved parkland available to the general public is provided. This improved parkland may be located off-site but must be located within 750 feet of the proposed site. In lieu of providing this improved parkland, money in lieu of parkland may be provided consistent with the established recreational fee of the City of Glen Cove, which money must be used for the acquisition and/or improvement of land located within 750 feet of the proposed site for parkland purposes available to the general public.
(f)
The total site comprises at least 2 1/2 acres (100,000 square feet).
(g)
The Planning Board shall request a recommendation from the City Council as to the appropriateness of the proposed density in the CBD district, given the recommendations of the proposed Master Plan, and other relevant City land use policies. The City Council shall provide its recommendation within 60 days of receipt of a complete application, indicating whether the proposed density is anticipated to result in significant positive benefits to the downtown business district by nature of the proposal's location; proposed mix of commercial and residential floor area; architectural appearance; introduction of patron populations to the downtown due to the design of the units and structures or other relevant features intended to attract young adults, empty nesters or other groups with generally significant amounts of disposable income supportive of local economic activity; proposed public improvements both on-site and off-site, if any; and any other relevant and appropriate considerations the City Council wishes to include. Such time period for recommendation may be extended by mutual consent of the applicant and the City Council. The Planning Board shall consider the recommendations of the City Council in determining whether or not to authorize the special permit, the density to be permitted and any site features or elements to require as part of the proposal.
(2)
Uses permitted by the underlying zoning with floor areas exceeding 20,000 square feet per establishment.
(a)
The frontage of the establishment along Glen Street, School Street or Bridge Street shall not exceed forty feet.
(b)
No curb cut providing vehicular access for the site shall be permitted along Glen Street, School Street or Bridge Street.
(c)
The full off-street parking requirement shall be provided on site in a structure not visible from Glen Street, Bridge Street or School Street. The Planning Board shall not waive any portion of the parking requirement but may accept a fee in lieu of parking. In the interest in promoting the viability of the downtown as a whole and encouraging cross-patronizing of multiple downtown businesses, all off-street parking facilities provided shall be available to the public, and no limitations shall be posted or enforced on the use of off-street parking for persons frequenting other uses within the downtown.
(3)
Medical, professional and business offices located within ground floor spaces, provided that the following conditions are satisfied:
(a)
Evidence shall be provided that at the time of application at least two vacant ground-floor spaces in separate ownership exist within the CBD Overlay District, each having at least 75% of the gross floor area of the proposed office space.
(b)
A letter from the Business Improvement District (BID) shall be provided stating that market conditions support the use of valuable prime downtown frontage for office use.
H.
Lot area and building requirements for principal uses. The following requirements replace the requirements of the underlying zoning:
(1)
Maximum setback from front property line (replaces minimum setback requirement): 10 feet, unless a greater setback is required in order to provide a plaza fully accessible to the public.
(2)
Maximum height:
(a)
Three stories and 45 feet,
(b)
Upon application therefor, and after public hearing, the Planning Board may allow four stories and 55 feet subject to the following:
[1]
The proposed structure is located immediately adjacent to structures that are at least three stories and 40 feet in height.
[2]
One of the following applies:
[a]
The proposed structure is located within 100 feet of an intersection along Glen Street.
[b]
Because of the topography of the site, the facades facing Glen Street or School Street would be no higher than three stories and 45 feet, but other facades would be up to four stories and 55 feet.
[c]
The proposed structure is eligible for a gold certification from the US Green Buildings Council under their Leadership in Energy and Environmental Design (LEED) Green Buildings rating system as determined by the Director of the Building Department.
(c)
Upon application therefor, and after a public hearing, the Planning Board may permit up to five stories and 65 feet in height where a structure is set back from the public right-of-way to provide a substantial public plaza or open space of at least 10,000 contiguous square feet and increases the linear footage of ground-floor retail visible from School Street, Bridge Street or Glen Street. In such a case, structures shall not exceed four stories and 55 feet within 100 feet of School Street, Bridge Street or Glen Street and five stories and 65 feet thereafter. The design of the public plaza shall be subject to Planning Board approval and may include amenities accessible to the general public such as benches, landscaped sitting areas, public exhibition areas and water features. The public plaza shall be made available to continuous public use by dedication, covenant, easement, or deed restriction in favor of the City of Glen Cove.
I.
Parking. Given the prevalence of municipally owned structured parking, and the economies of shared parking in existence within the CBD, the following parking requirements replace the parking requirements of the underlying zoning. Loading requirements of the underlying zoning continue to apply.
(1)
Off-street parking requirements.
Use | Required Spaces | |
|---|---|---|
Retail business | 1 space per 500 square feet of sales area | |
Service business | 1 for each 350 square feet of customer service area | |
Banking office | 2 spaces per teller | |
Restaurant except fast food or take out | 1 for each 4 seats | |
Professional or business office | 1 per 250 square feet of floor area not including storage space | |
Medical office | 1 for each 150 square feet of office space, or 4 for each doctor or dentist, plus 1 per employee, whichever is greater | |
Theater or other place of public assembly | 1 per 4 permanent seats for public assembly or 1 per 1,000 gross square feet of display area | |
Membership clubs and fraternal lodges | 1 for each 2 employees, plus 1 for each 300 square feet of floor area or each 5 seats within the dining room or the principal meeting room, whichever is most appropriate to the customary use thereof | |
Bowling alley | 4 per alley | |
Hotel or motel | 1 for each guest room plus 1 for each 2 employees | |
Colleges, universities, etc. | 1 space for each staff member plus .75 space for each student, plus 1 space for each 5 seats in the largest assembly hall | |
Senior citizen congregate housing | 1 per 2 dwelling units | |
Uses not listed | 1 per 250 square feet or as determined by the Planning Board to be needed, based upon the recommendations of a parking study prepared by a licensed engineer. | |
Fast food or take-out restaurants | 1 per 2 seats or 1 for each 40 feet of customer service areas, whichever is greater |
(2)
Waiver of parking requirements or payment in lieu.
(a)
The Planning Board may waive up to 50% of the required parking for a particular use where it finds that the parking is not required given the unique circumstances of the proposed use, including circumstances of timing of peak demand, availability of municipal parking in the vicinity, or special nature of the proposed use that reduces parking demand below typical requirements. Where appropriate, the Board may require the submission of studies sufficiently demonstrating that the required amount of parking is unnecessary or may be undesirable. In determining whether to waive parking requirements, the Planning Board shall consider the following criteria:
[1]
The granting of the waiver will not cause undue traffic or on-street parking congestion in the immediate area of the premises.
[2]
That adequate off-street parking and loading spaces are provided on premises or in municipally owned parking lots or facilities within 500 feet of the premises.
[3]
That granting a waiver will not cause detrimental impacts to other uses in the vicinity of the premises.
[4]
That the parking facilities provided or available in the vicinity of the premises are sufficient to handle expected parking demand for the proposed use, and a waiver will not create a neighborhood nuisance or hazard.
[5]
That adequate measures will be implemented to mitigate the potential impacts of the waiver, including, but not limited to, designating employee and patron parking, providing valet service, providing shuttle service, providing for tandem parking and/or designating compact car spaces.
[6]
That the proposed waiver will not create conditions that will be hazardous, conflicting or incongruous to the immediate neighborhood by reason of excessive traffic, assembly of persons or vehicles and proximity to travel routes or pedestrian traffic.
(b)
The Planning Board at its discretion may permit payment of a fee in lieu of providing the required number of spaces if the proposed use is within 500 feet of a municipally operated parking facility. The City Council of the City of Glen Cove upon recommendation from the Planning Board shall accept all or a portion of this fee. The Planning Board shall, at the time of its approval of a site development plan, certify on such plan that the municipally operated off-street parking facility has adequate capacity to accommodate the required number of spaces. The amount of the fee in lieu required per space shall be established on an annual basis by the City Council based on the projected construction cost for municipal provision of the additional parking spaces, an appropriate percentage of the long-term maintenance of parking facilities, operating costs where the spaces are not revenue producing, and any loss in taxes resulting from municipal provision of such spaces.
J.
CBD design guidelines.
(1)
Purpose and intent.
(a)
While the City's Zoning Code determines what uses are appropriate as well as the location and density of both residential and nonresidential development, the manner in which these uses are designed and developed can be even more important and will have a lasting effect on the City's appearance, function and the quality of life of its residents. The downtown area of Glen Cove reflects a heritage that is common to many Long Island communities and was mainly built before the 1950's automobile-dependent strip mall. The traditional pedestrian-scale atmosphere along with buildings which ideally can stand alone as individual jewels or together as cohesively designed and integrated row-buildings are demonstrative of this heritage. The preservation of the character and history of a city is crucial to its continued vitality.
(b)
Design guidelines[2] provide a basis for planning, design and evaluation of development proposals in the B-1 Zoning District. They are intended to assist residents, developers, design professionals, and the Planning, Zoning and Architectural Review Boards with the review and approval of projects. The guidelines clarify what is expected and acceptable, thereby simplifying and speeding up the site plan approval process for both applicants and Boards.
[2]
Editor's Note: The design guidelines are located at the end of this chapter.
(2)
Prior to or concurrent with approval of any site plan or special permit for construction, expansion or exterior alteration of a structure within the CBD Overlay District, the Planning Board shall make a determination that the proposed site plan or special permit is generally consistent with the existing character of the CBD and any design guidelines adopted by the City Council. The Planning Board shall require the applicant to submit such plans, elevations, and other details as are necessary to judge the exterior appearance of the site. Only areas visible from public streets and areas generally accessible to the public shall be required to meet these design standards.
(3)
The Planning Board is authorized to waive any lot area or building requirement of the CBD Overlay or underlying zoning district where doing so will increase a proposal's compliance with the standards contained within design guidelines adopted by the City Council.
(4)
If a duly authorized Architectural Review Board (ARB) exists within the City of Glen Cove, the Planning Board shall refer the site plan or special permit application to the ARB as soon as the application is sufficient to judge the exterior appearance of the proposed site. The Architectural Review Board shall review applications for consistency with the existing character of the CBD and any design guidelines adopted by the City Council and furnish its report to the Planning Board, which shall consider the report of the ARB in making its determination of consistency and any waiver of bulk requirements.
(5)
Where specific standards exist within other chapters of the Glen Cove Code, such specific standards shall take precedence over design guidelines.
§ 280-66 B-2 Peripheral Commercial District.
[Amended 11-26-1985; 6-25-1995; 6-27-1995; 3-12-1996; 9-26-2000; 3-13-2001]
A.
The purpose of the B-2 Peripheral Commercial District is to supplement and support other commercial uses in the central business area by permitting commercial uses that provide needed services to businesses and people that may not be appropriate in the central business district. These provide opportunity for non-retail service businesses that typically require larger parcels and tend to be auto-oriented, as opposed to retail and service businesses that are pedestrian oriented and generally require smaller parcels. The purpose is to permit commercial use in well-designed settings to enhance the appearance of the main travel corridors along the main entrances into the Glen Cove central business district.
B.
Permitted principal uses: The following uses shall be permitted, providing that such uses shall be located in fully enclosed stores:
[Amended 7-26-2022 by L.L. No. 05-2022]
(1)
Apparel and shoe stores.
(2)
Sporting good stores.
(3)
Pharmacies.
(4)
Music, book and stationary stores.
(5)
Camera sales and repair.
(6)
Professional dry-cleaning and laundry drop-off and pick-up service.
(7)
Formal wear and costume rental.
(8)
Hardware stores and small household appliance sales and service.
(9)
Computer sales and service.
(10)
Jewelry stores, jewelry repair and watch repair.
(11)
Antique stores.
(12)
Arts and craft supply stores.
(13)
Art galleries.
(14)
Photography studios.
(15)
Graphic art or commercial art studios.
(16)
Shoe repair.
(17)
Hair salons, barbershops, tanning salons and nail salons.
(18)
Professional and business offices.
(19)
Real estate and brokers offices.
(20)
Travel agencies.
(21)
Financial institutions, excluding drive-through.
(22)
Government offices.
(23)
Professional tailors.
(24)
Custom printing shops not involved in the printing of periodicals, books, catalogs or similar items requiring frequent delivery or shipment of large quantities of materials, and further provided that such printing shop shall consume not more than 2,500 square feet.
(25)
Parking lots as a principal or accessory use of the lot.
(26)
Auto parts and supply, provided that there is no outside storage or repair or service provided.
(27)
Funeral homes.
C.
Lot area and building requirements for principal uses.
(1)
Minimum lot area: none.
(2)
Minimum frontage: 50 feet.
(3)
Minimum setback from property line: 10 feet.
(4)
Minimum rear yard: 10 feet.
(5)
Minimum interior side yards: none, except if side yards are provided, each side yard shall be eight feet. Such side yard shall be properly landscaped in accordance with a landscape plan to be approved by the Planning Board as part of site plan approval; where such side yard is designated to provide access to the rear of the property, three-and-one-half-foot sidewalk shall be provided.
(6)
Minimum corner side yard: 10 feet.
(7)
Maximum height: three stories, and in no event to exceed 45 feet.
(8)
Maximum coverage: 80%.
D.
Accessory uses: same as for B-1 District.
E.
Lot and building requirements for accessory uses.
(1)
Minimum distance to front property line: 50 feet.
(2)
Minimum distance to rear property line: 10 feet.
(3)
Minimum distance to side property line: same as for principal uses.
(4)
Minimum distance to principal building: none, except if accessory use does not adjoin building it must be at least six feet away.
(5)
Maximum height: one story, and in no event to exceed 16 feet.
(6)
Maximum coverage: 10%.
F.
Special uses permitted at the discretion of the Planning Board.
(2)
Motor vehicle, farm or contractor's machinery sales.
(4)
Public or private garages.
(5)
Commercial car wash.
(6)
Experimental laboratories, printing plant and publishing, shop for assembling articles for retail sales on the premises and elsewhere, provided that no machinery or process is used which emits dust, smoke, vibration, fumes, noise or causes any nuisance.
(7)
Wholesale business and/or warehouse, except fuel.
(8)
Veterinary hospitals, boarding and care of small animals, pet shops subject to the following criteria:
(a)
On-site care shall be limited to household pets such as dogs, cats, birds, reptiles, rabbits, gerbils, hamsters and other similar small animals. Domesticated farm animals such as horses, goats, chickens, cattle, and pigs, and wild animals, such as squirrels, chipmunks, deer, and other animals, shall not be permitted to be cared for on-site.
(b)
All services shall be conducted in a completely enclosed building.
(c)
Noise from animals shall not create a nuisance, and the applicant shall demonstrate how noise from animals shall be controlled.
(d)
No on-site cremation of animals shall be permitted. All dead animals, animal waste, blood and tissue shall be considered hazardous material and shall be disposed of off-site by an appropriately licensed contract hauler. Collected hazardous materials shall be contained in a secure area on premises, and the business owner shall be responsible for such hazardous material until picked up by such licensed contract hauler. The owner/operator shall provide proof of such service, and such proof shall be on placed on file with the Zoning Inspector before a certificate of occupancy can be issued.
(e)
Any violation of such conditions shall be cause to revoke the special permit at the Planning Board's discretion following a public hearing, and the applicant shall be required to reapply for the special permit or abandon the use on that property.
(9)
Lumber and building material, sales or storage as long as any open storage (outside of building or shed) is screened from view by an eight-foot-high fence or evergreen screening, the design and location of which shall be approved by the Planning Board.
(10)
Motor vehicle service stations, provided that the Board finds that the area lacks such facilities or is inadequately served by existing facilities, that proposed station is in the public interest, will not create undue fire or traffic hazards, impair character of neighborhood or adversely affect property values, and that the layout and design of station is reasonably in keeping with character of neighboring structures; thus tending to promote the stability of the area and taxes therefrom. Such motor vehicle service station shall not be within 200 feet of the entrance of any church, hospital, public library, public or duly licensed private school, nor shall any part of the building or equipment be within 25 feet of the boundary line of any residence district nor within 20 feet of any street or building line, and no pump shall be within 50 feet of said lines. In all cases where motor vehicle service stations are permitted they shall be adequately screened with a planting strip five feet wide along all property lines except where there are curb cuts. Such planting shall be a minimum of three feet high, planted three feet on center.
(12)
Dance hall, bowling alley, skating rink, billiard parlor, radio station studio, lodge or assembly hall, club, discotheque, bar, liquor store, hotel.
(13)
Drive-through facilities as an accessory use to a primary use.
(14)
Those uses not listed but deemed similar in nature by the Planning Board in accordance with guidelines established in § 280-43G.
(15)
Residential units in second-story apartments subject to the following criteria:
[Added 8-24-2010]
(a)
The lot must have frontage on Cedar Swamp Road.
(b)
The ground-floor use must conform with the parking requirements for the B-2 District.
(c)
No more than two bedrooms are permitted for each residential unit.
(d)
Each residential unit must provide at least 650 square feet of livable floor area.
(e)
Each residential unit shall provide the following off-street parking:
(f)
Required open space. There shall be provided not less than 200 square feet of usable open space for each unit. Such usable open space shall be devoted to improved and landscaped play and sitting areas for the use of the residents thereof. The design, layout and equipment of such usable open space areas shall be subject to the approval of the Planning Board.
(g)
The height of the building shall be no taller than two stories and 35 feet.
(16)
Convenience stores.
[Added 7-26-2022 by L.L. No. 05-2022]
(17)
Grocery stores.
[Added 7-26-2022 by L.L. No. 05-2022; amended 9-24-2024 by L.L. No. 2-2024]
(18)
Retail shops that sell drug paraphernalia and/or vape products, provided they are:
[Added 7-25-2023 by L.L. No. 4-2023]
(19)
Cannabinoid hemp shops provided they are:
[Added 7-25-2023 by L.L. No. 4-2023]
(b)
Not located within 1,000 feet of any school;
(c)
Not located within 500 feet of any day-care center, public park, public playground or religious house of worship; and
(d)
Not located within 500 feet of another cannabinoid hemp shop or retail shop that sells drug paraphernalia and/or vape products.
G.
Parking and loading.
(1)
Off-street parking requirements.
[Amended 8-24-2010]
Use | Required Spaces | |
|---|---|---|
Retail business | 1 for each 250 square feet of gross floor area | |
Service business | 1 for each 200 square feet of customer service area | |
Banking office | 3 for each person employed therein as a teller | |
Restaurant | 1 for each 3 seats plus 1 for each 2 persons employed therein | |
Professional or business | 1 for each 200 square feet | |
office not for a doctor or dentist | exclusive of bulk storage and utility areas or 1 per employee, whichever is greater | |
Office of doctor or dentist | 1 for each 150 square feet of office space, or 4 for each doctor or dentist, plus 1 per employee, whichever is greater | |
Funeral home | 1 for each 60 square feet of floor area available for public use | |
Theater or other place of public assembly | 1 for each 4 seats | |
Membership clubs and fraternal lodges | 1 for each 2 employees, plus 1 for each 300 square feet of floor area or each 5 seats within the dining room or the principal meeting room, whichever is most appropriate to the customary use thereof | |
Bowling alley | 4 per alley | |
Wholesale business or warehouse | 1 for each 2 employees | |
Experimental laboratories | 1 for each employee on the largest work shift | |
Hotel or motel | 1 for each guest room plus 1 for each 2 employees | |
Uses not listed | 1 per 250 square feet or as determined by the Planning Board to be needed. See also Note B below. |
NOTES: | ||
|---|---|---|
A. | All or portions of the off-street parking requirement may be waived by the Planning Board, provided that: | |
(1) | The proposed use is within 300 feet of a municipally operated off-street parking facility. | |
(2) | The Planning Board shall, at the time of its approval of a site development plan, certify on such plan that the municipally operated off-street parking facility has adequate capacity for storage of passenger vehicles generated by activities proposed to be conducted on the subject lot in addition to those generated by any other lots already serviced by such off-street parking facility. In determining the existence of such adequate capacity, the Planning Board shall consider the need for preventing frequent parking on the street by persons visiting or connected with each use which are proposed to be served by such off-street municipal parking facility. | |
B. | Where two or more uses are on the same lot, the total amount of parking spaces to be provided shall be the sum of the requirements, if any, for each individual use on the lot; the Planning Board may vary this requirement if the Board finds that the variation in the probable time of maximum use by employees and/or patrons of such establishments is such as to permit a variation; however, once one or more of the uses terminates, the property owner shall be responsible for assuring adequate parking in conformance with the standards set herein. | |
C. | The Planning Board may also approve the joint use of a parking lot for uses of contiguous parcels as long as the Board is satisfied that the total number of spaces is adequate as computed above. | |
(2)
Off-street loading requirements.
H.
Other provisions and requirements.
(1)
Whenever an off-street parking area of three or more spaces faces a street, a planting area with a minimum width of three feet shall be provided between the parking area and the sidewalk. The planting plan for this strip shall be approved by the Planning Board as part of the site plan review. Plantings shall be a minimum of three feet high, planted three feet on center.
(2)
On any lot in this district, which at the adoption of this chapter is improved with a structure containing living quarters, the following shall apply:
(a)
No building permit shall be issued for the construction of a new building containing a permitted use or the construction of an addition to an existing building containing a permitted use in this District, unless any residential occupancy of an existing building on the lot ceases on or before April 8, 1983. Thereafter, no building permit will be issued where a residential use exists.
(3)
Where a permitted use or special permit use in this District is proposed to be located adjacent to a residential district, a side yard shall be provided consistent with the requirement of said residential district. Likewise, no accessory structure shall be permitted in a side yard or within 10 feet of a rear property line where a use is adjacent to a residential district. A planting screen at least four feet wide, eight feet high, adequate to block the view of the nonresidential use shall be required.
§ 280-67 B-3 Shopping Center District.
[Amended 6-27-1989; 6-25-1995; 6-27-1995; 7-23-1996; 7-27-1999; 9-26-2000; 3-13-2001]
A.
The purpose of the B-3 Shopping Center District is to encourage retail centers to exist in Glen Cove in limited areas along major corridors where auto traffic needs can be planned for and satisfied. Also, this District provides for senior citizen housing which can exist near commercial areas, provided that attention is paid to harmonious transitions between the two uses, which will create a beneficial relationship.
B.
Permitted principal uses. The following uses shall be permitted, providing that such uses shall be located in fully enclosed stores:
(1)
Apparel and shoe stores.
(2)
Sporting good stores.
(3)
Pharmacies.
(4)
Florist shops or garden shops with no outdoor storage.
(5)
Music, book and stationary stores.
(6)
Furniture and large home appliance stores.
(7)
Office supply stores.
(8)
Camera sales and repair.
(9)
Professional dry-cleaning and laundry drop-off and pick-up service.
(10)
Formal wear and costume rental.
(11)
Hardware stores and small household appliance sales and service.
(12)
Computer sales and service.
(13)
Jewelry stores, jewelry repair and watch repair.
(14)
Antique stores.
(15)
Arts and craft supply stores.
(16)
Discount stores.
(17)
Pet supply stores.
(18)
Hair salons, barbershops, tanning salons and nail salons.
(19)
Art galleries.
(20)
Photography studios.
(21)
Graphic studios.
(22)
Shoe repair.
(23)
Professional and business offices.
(24)
Real estate and brokers offices.
(25)
Financial institutions, excluding drive-through.
(26)
Government offices.
(27)
Professional tailors.
(28)
Custom printing shops not involved in the printing of periodicals, books, catalogs or similar items requiring frequent delivery or shipment of large quantities of materials, and further provided that such printing shop shall consume not more than 2,500 square feet.
C.
Prohibited. The following uses are specifically prohibited:
(1)
Motor vehicle repair shop, public garage, motor vehicle sales, motor vehicle gasoline stations, motor vehicle service stations, motor vehicle body shops.
(2)
Live poultry market.
(3)
Bowling alley, roller- or ice-skating rink, sports arena, billiard parlor or other amusement or entertainment enterprise.
(4)
Diners, refreshment stands and sandwich stands.
(5)
Assembly, manufacture or fabrication of articles.
(6)
Storage warehouse.
D.
Lot area and building requirements for principal uses.
(1)
Minimum lot area: 20,000 square feet.
(2)
Minimum lot width: 200 feet.
(3)
Minimum frontage: 200 feet.
(4)
Minimum setback from front property line: 25 feet.
(5)
Minimum rear yard: 30 feet.
(6)
Minimum interior side yards: 10 feet.
(7)
Minimum comer side yard: 10 feet.
(8)
Maximum height: two stories or 35 feet.
(9)
Maximum coverage: 30%.
E.
Accessory uses: same as the B-1 District.
F.
Lot and building requirements for accessory uses.
G.
Special uses permitted at the discretion of the Planning Board.
(1)
Public utility installations, buildings and structures, provided that the same are suitably located and planned as to site, lot area, height, yards and exterior appearance.
(2)
Restaurants, other than of the drive-in type.
(3)
Animal hospital or veterinary office, subject to the following conditions:
(a)
On-site care shall be limited to household pets such as dogs, cats, birds, reptiles, rabbits, gerbils, hamsters and other similar small animals. Domesticated farm animals such as horses, goats, chickens, cattle, and pigs; and wild animals, such as squirrels, chipmunks, deer, and other animals, shall not be permitted to be cared for on site.
(b)
Overnight boarding of animals shall be permitted only if necessary for the observation of the animal during medical care.
(c)
All services shall be conducted in a completely enclosed building.
(d)
Noise from animals shall not create a nuisance, and the applicant shall demonstrate how noise from animals shall be controlled.
(e)
No on-site cremation of animals shall be permitted. All dead animals, animal waste, blood and tissue shall be considered hazardous material and shall be disposed of off-site by an appropriately licensed contract hauler. Collected hazardous materials shall be contained in a secure area on premises, and the business owner shall be responsible for such hazardous material until picked up by such licensed contract hauler. The owner operator shall provide proof of such service, and such proof shall be on placed on file with the Zoning Inspector before a certificate of occupancy can be issued.
(f)
Any violation of such conditions shall be cause to revoke the special permit at the Planning Board's discretion following a public hearing, and the applicant shall be required to reapply for the special permit or abandon the use on that property.
(4)
Senior citizens congregate housing, provided that the following conditions are satisfied:
(a)
Minimum parcel size shall be 40,000 square feet.
(b)
Units shall be limited to efficiency and two-room suites. Food storage and service areas may be permitted, but no cooking facilities shall be permitted except for microwaves.
(c)
Units shall be occupied by persons at least 65 years of age, except that up to 10% of the total number of occupants may be less than 65 years of age, but not less than 55 years of age.
(d)
In any single development, not more than 20% of the units shall be occupied by two persons; no unit may be occupied by more than two persons.
(e)
Construction shall meet handicapped standards, i.e., doorways and corridors shall be designed to accommodate wheelchairs, bathroom grab bars shall be included, built-in furniture shall be designed to accommodate handicapped persons, entrances and elevators shall be handicapped accessible, etc.
(f)
Structure(s) shall include facilities for common eating.
(g)
Facility shall include community room for meeting and recreation purposes.
(h)
The development may include other facilities such as offices for medical, diagnostic or emergency services, counseling and similar functions, store for sale of convenience goods, medical supplies and products made by residents.
(i)
No structure containing residential units shall exceed 45 feet in height, including parking structures.
(j)
Maximum coverage of all structures shall be 65%.
(k)
Minimum interior side yards for any senior citizen congregate housing structure shall be 15 feet. Such side yard shall be properly landscaped in accordance with a landscape plan to be approved by the Planning Board as part of site plan approval. Where such side yard is designated to provide access to the rear of the property a three-and-one-half-foot sidewalk shall be provided.
(l)
Off-street access shall be provided for emergencies and deliveries; a loading zone shall be designated.
(m)
Required open space. There shall be provided in each congregate housing development not less than 100 square feet of usable open space for each residential unit; the design, layout, landscaping and furnishing of such usable open space areas shall be subject to the approval of the Planning Board.
(n)
In the event of a conflict between the provisions of this subsection and those another ordinance, the provisions of this chapter shall control.
(5)
Convenience stores.
[Amended 7-26-2022 by L.L. No. 05-2022]
(6)
Supermarkets.
[Added 7-26-2022 by L.L. No. 05-2022; amended 9-24-2024 by L.L. No. 2-2024]
(7)
Grocery stores.
[Added 7-26-2022 by L.L. No. 05-2022]
H.
Parking and loading.
(1)
Off-street parking requirements.
[Amended 8-24-2010]
Use | Required Spaces | |
|---|---|---|
Retail business | 1 for each 250 square feet of gross floor area | |
Service business | 1 for each 200 square feet of customer service area | |
Banking office | 3 for each person employed therein as a teller | |
Restaurant | 1 for each 3 seats, plus 1 for each 2 persons employed therein | |
Professional or business office not for a doctor or dentist | 1 for each 200 square feet exclusive of bulk storage and utility areas or 1 per employee, whichever is greater | |
Office of doctor or dentist | 1 for each 150 square feet of office space, or 4 for each doctor or dentist, plus 1 per employee, whichever is greater. | |
Funeral home | 1 for each 60 square feet of floor area available for public use | |
Places of public assembly | 1 for each 4 seats | |
Uses not listed | 1 per 250 square feet or as determined by the Planning Board to be needed. See also Note B below. | |
Fast food or take-out restaurants | 1 parking space per 2 seats or 1 space for each 40 feet of customer service areas, whichever is greater |
NOTES: | ||
|---|---|---|
A. | All or portions of the off-street parking requirement may be waived by the Planning Board, provided that: | |
(1) | The proposed use is within 300 feet of a municipally operated off-street parking facility. | |
(2) | The Planning Board shall, at the time of its approval of a site development plan, certify on such plan that the municipally operated off-street parking facility has adequate capacity for storage of passenger vehicles generated by activities proposed to be conducted on the subject lot in addition to those generated by any other lots already serviced by such off-street parking facility. In determining the existence of such adequate capacity, the Planning Board shall consider the need for preventing frequent parking on the street by persons visiting or connected with each use which is proposed to be served by such off-street municipal parking facility. | |
B. | Where two or more uses are on the same lot, the total amount of parking spaces to be provided shall be the sum of the requirements, if any, for each individual use on the lot; the Planning Board may vary this requirement if the Board finds that the variation in the probable time of maximum use by employees and/or patrons of such establishments is such as to permit a variation; however, once one or more of the uses terminates, the property owner shall be responsible for assuring adequate parking in conformance with the standards set herein. | |
C. | The Planning Board may also approve the joint use of a parking lot for uses on contiguous parcels as long as the Board is satisfied that the total number of spaces is adequate as computed above. | |
(2)
Off-street loading requirements.
I.
Other provisions and requirements.
(1)
Whenever an off-street parking area of three or more spaces faces a street, a planting area with a minimum width of three feet shall be provided between the parking area and the sidewalk. The planting plan for this strip shall be approved by the Planning Board as part of the site plan review. Plantings shall be a minimum of three feet high, planted three feet on center.
(2)
On any lot in this district, which at the adoption of this chapter is improved with a structure containing living quarters, the following shall apply:
(a)
No building permit shall be issued for the construction of a new building containing a permitted use or the construction of an addition to an existing building containing a permitted use in this district, unless any residential occupancy of an existing building on the lot ceases on or before April 8, 1983. Thereafter, no building permit will be issued where a residential use exists.
(3)
Where a permitted use or special permit use in this district is proposed to be located adjacent to a residential district, a side yard shall be provided consistent with the requirement of said residential district. Likewise, no accessory structure shall be permitted in a side yard or within 10 feet of a rear property line where a use is adjacent to a residential district. A planting screen at least four feet wide, eight feet high, adequate to block the view of the nonresidential use shall be required.
§ 280-68 B-4 Limited Commercial District.
[Amended 6-27-1995; 3-12-1996; 3-13-2001]
A.
The B-4 Limited Commercial District is designated to allow a mix of neighborhood-oriented retail service, office and residential uses that provide for a transitional area to residential uses. Another purpose of this District is to provide for the establishment of a small area that generally provides needed commercial uses that serve higher density areas and can be accommodated on small parcels. This District encourages adaptive reuse of older housing stock into viable commercial uses. Retention of original buildings, setbacks and yards established by the original housing stock along main thoroughfares will be encouraged.
B.
Permitted principal uses, provided that all such uses shall be conducted within fully enclosed buildings and provide for no outdoor storage:
(1)
Apparel and shoe stores.
(2)
Pharmacies.
(3)
Music, book and stationary stores.
(4)
Camera sales and repair.
(5)
Professional dry-cleaning and laundry drop-off and pick-up service.
(6)
Formal wear and costume rental.
(7)
Hardware stores and small household appliance sales and Service.
(8)
Computer sales and service.
(9)
Jewelry stores, jewelry repair and watch repair.
(10)
Antique stores.
(11)
Arts and craft supply stores.
(12)
Florist shops with no outdoor storage, not to exceed 2,500 square feet of floor space.
(13)
Beauty shops, barbershops and nail salons.
(14)
Art galleries.
(15)
Photography studios.
(16)
Graphic studios.
(17)
Shoe repair.
(18)
Professional and business offices.
(19)
Real estate and brokers offices.
(20)
Medical offices.
(21)
Financial institutions, excluding drive-through.
(22)
Government offices.
(23)
Professional tailors.
D.
Lot area and building requirements for principal uses.
(1)
Minimum lot area: 5,000 square feet.
(2)
Minimum lot width: 50 feet.
(3)
Minimum setback from front property line: 20 feet.
(4)
Minimum rear yard: 20 feet, except setbacks may be 10 feet when existing structure is retained.
(5)
Minimum interior side yards: none, except if side yards are provided each side yard shall be eight feet. Such side yard shall be properly landscaped in accordance with a landscape plan to be approved as part of site plan approval. Where such side yard is designated to provide access to the rear of the property, a three-and-one-half-foot sidewalk shall be provided. If a new structure is built on the site, a minimum side yard of 8 feet shall be provided.
(6)
Minimum building width: 12 feet.
(7)
Minimum corner side yard: 10 feet.
(8)
Maximum height: two stories, and in no event to exceed 35 feet.
(9)
Maximum coverage: 50%, except 40% if a new structure.
E.
Accessory uses.
(1)
Off-street parking or loading.
(2)
Advertising signs or lettering showing only the name of the establishment and products or services available therein; such sign shall not exceed 16 square feet in area, and if more than one sign, the total area of all signs per occupant shall not exceed 16 square feet; no freestanding signs shall be permitted unless the proposed building is set back at least 30 feet from the front property line in which case one freestanding self-illuminated sign may be permitted, set back at least 15 feet from the property line. The top of such sign shall be no higher than 15 feet from the ground and no larger than 16 square feet; any advertising signs shall meet all other applicable provisions of the City of Glen Cove sign regulations.[1]
F.
Special uses permitted at the discretion of the Planning Board.
(2)
Public utility installations, buildings and structure, provided that the same are suitably located and planned as to site, lot area, height, yards and exterior appearance.
(3)
Restaurants, other than restaurants of the drive-in type.
(4)
Telephone exchange, mortuary, office, fire station, electric substation, taxi office.
(5)
Residential use, subject to the following conditions:
(a)
In order to encourage the adaptive reuse of the original housing within the B-4 Limited Commercial District, residential uses may only be established in buildings that were previously used as residences, and no new residential buildings shall be considered.
(b)
The number of units shall be determined by the Planning Board, based on the following criteria:
[1]
All residential units shall be self-contained, and have a working kitchen and bathroom, and no shared kitchens and bathrooms shall be permitted.
[2]
In any case, no residential unit shall have a living space of less than 500 square feet.
[3]
All residential units shall have at least one off-street parking space for studio apartments and two spaces for one or more bedroom apartments.
(c)
Parking in front yards, if permitted, shall be adequately designed and landscaped in such a manner that headlights from cars coming in and out of driveways do not directly shine into windows of a dwelling or oncoming traffic.
(d)
Residential use may be permitted within a building used for business, provided that, in the judgment of the Planning Board, such business use shall not interfere with the livability of such residential unit and separate entrances and exits for both uses shall be provided, and all previously mentioned conditions can be satisfied.
(6)
Convenience stores limited to 2,500 square feet.
(8)
Laundromats.
(9)
Coffee shops, bakeries, bagel shops with less than 2,500 square feet of floor space.
(10)
Bed-and-breakfasts subject to the following criteria:
(a)
The caretaker or operator of the business shall live on premises.
(b)
A maximum of five rooms for overnight guests shall be permitted.
(c)
A maximum of two adult guests and accompanying children shall be permitted per room.
(d)
The caretaker may only provide the breakfast meal, and no other meals.
(e)
The length of stay shall be characterized by transient guests, and not permanent residents.
(f)
Each room should be equipped with a working smoke detector.
(g)
A minimum of two off-street parking spaces shall be provided for the caretaker's dwelling, and at least one space per room. Landscaping shall be provided along the edge of the parking in order to screen headlights from adjoining properties.
(h)
Landscaping should be required to screen the parking from adjoining residential properties, if required.
G.
Parking and unloading.
(1)
Off-street parking requirements:
[Amended 8-24-2010]
Use | Required Spaces | |
|---|---|---|
Retail business | 1 for each 250 square feet of gross floor area | |
Service business | 1 for each 200 square feet of customer service area | |
Banking office | 3 for each person employed therein as a teller | |
Restaurant | 1 for each 3 seats plus 1 for each 2 persons employed therein | |
Professional or business office not for a doctor or dentist | 1 for each 200 square feet exclusive of bulk storage and utility areas or 1 per employee, whichever is greater | |
Office of doctor or dentist | 1 for each 150 square feet of office space, or 4 for each doctor or dentist, plus 1 per employee, whichever is greater | |
Uses not listed | 1 per 250 square feet or as determined by the Planning Board to be needed. See also Note B below. |
NOTES: | ||
|---|---|---|
A. | All or portions of the off-street parking requirement may be waived by the Planning Board, provided that: | |
(1) | The proposed use is within 300 feet of a municipally operated off-street parking facility. | |
(2) | The Planning Board shall, at the time of its approval of a site development plan, certify on such plan that the municipally operated off-street parking facility has adequate capacity for storage of passenger vehicles generated by activities proposed to be conducted on the subject lot in addition to those generated by any other lots already serviced by such off-street parking facility. In determining the existence of such adequate capacity, the Planning Board shall consider the need for preventing frequent parking on the street by persons visiting or connected with each use which is proposed to be served by such off-street municipal parking facility. | |
B. | Where two or more uses are on the same lot, the total amount of parking spaces to be provided shall be the sum of the requirements, if any, for each individual use on the lot; the Planning Board may vary this requirement if the Board finds that the variation in the probable time of maximum use by employees and/or patrons of such establishments is such as to permit a variation; however, once one or more of the uses terminates, the property owner shall be responsible for assuring adequate parking in conformance with the standards set herein. | |
C. | The Planning Board may also approve the joint use of a parking lot for uses on contiguous parcels as long as the Board is satisfied that the total number of spaces is adequate as computed above. | |
(2)
Off-street loading requirements.
H.
Other provisions and requirements.
(1)
Whenever an off-street parking area of three or more spaces faces a street, a planting area with a minimum width of three feet shall be provided between the parking area and the sidewalk. The planting plan for this strip shall be approved by the Planning Board as part of the site plan review. Plantings shall be a minimum of three feet high, planted three feet on center.
(2)
On any lot in this District, which at the adoption of this chapter is improved with a structure containing living quarters, the following shall apply:
(a)
No building permit shall be issued for the construction of a new building containing a permitted use or the construction of an addition to an existing building containing a permitted use in this District, unless any residential occupancy of an existing building on the lot ceases on or before April 8, 1983. Thereafter, no building permit will be issued where a residential use exists.
(3)
Where a permitted use or special permit use in this District is proposed to be located adjacent to a residential district, a side yard shall be provided consistent with the requirement of said residential district. Likewise, no accessory structure shall be permitted in a side yard or within 10 feet of a rear property line where a use is adjacent to a residential district. A planting screen at least four feet wide, eight feet high, adequate to block the view of the nonresidential use shall be required.