Lindenhurst City Zoning Code
ARTICLE X
Marine Business District
§ 193-101 Marine Business District.
In a Marine Business District, the following regulations shall apply.
§ 193-102 Permitted uses.
A building may be erected, altered or used and a lot or premises may be used for any of the following purposes and for not other:
A.
Municipal or nonprofit cultural and recreational facilities, including libraries, museums, art galleries, parks, playgrounds, municipal docks, marinas or launching ramps or community buildings.
B.
Private marinas and docking facilities.
C.
A boat yard, including boat sales, marine sales, rental, repair, maintenance and storage.
D.
Retail sales of marine supplies and related items, such as but not limited to boats, boating equipment, fishing equipment and boat provisions.
E.
Commercial charter and fishing boats.
F.
The dispensing of fuel and oil in conjunction with a permitted use, when authorized as a special exception by the Board of Appeals.
G.
A residential unit accessory to marina and boat yard facilities to be used solely as living quarters for caretaker purposes.
H.
Any use similar in character to these specifically enumerated upon finding by the Board of Appeals that such use is dependent upon use of waterfront property.
§ 193-103 Prohibited uses.
[Amended 6-16-1992 by L.L. No. 2-1992]
No use shall be permitted if it is in conflict with the following standards:
A.
Enumeration of standards.
(1)
Fire and explosion hazards. All activities involving and all storage of flammable and explosive materials shall be provided at a point with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in industry. Burning of waste materials in open fires is prohibited at any point. The relevant provisions of federal, state and local laws and regulations shall also apply.
(2)
Vibration. No vibration shall be produced which is transmitted through the ground and is detectable without the aid of instruments at or beyond the lot lines; nor shall any vibration produced exceed a peak of two-thousandths (0.002) g at up to fifty-hertz frequency, measured at or beyond the lot lines using either seismic or electronic vibration-measuring equipment. Vibrations occurring at higher than fifty-hertz frequency or a periodic vibration shall not induce acceleration exceeding one-thousandth (0.001) g. Single-impulse periodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding one-hundredth (0.01) g.
(3)
Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible gray smoke a shade equal to or darker than No. 2 on the standard Ringlemann Smoke Chart, as issued by the United States Bureau of Mines or its approved equivalent, except that visible gray smoke of a shade equal to No. 2 on said chart may be emitted for four minutes in any 30 minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an apparently equivalent opacity.
(4)
Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air emitted to four volumes of clean air. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table III, Odor Thresholds, in Chapter 5, Air Pollution Abatement Manual, copyright 1959 by Manufacturing Chemists' Association, Inc., Washington, D. C., and said manual and/or table as subsequently amended.
(5)
Fly ash, dust, fumes, vapors, gases and other forms of air pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation or other forms of property or which can cause any excessive soiling at any point on the property of others and, in no event, any emission, from any chimney or otherwise, of any solid or liquid particles in concentrations exceeding three-tenths (0.3) grain per cubic foot of the conveying gas. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500° F. and 50% excess air.
(6)
Glare.
(a)
"Direct glare" is defined, for the purpose of this chapter, as illumination beyond property lines caused by direct or specularly reflected rays from incandescent or fluorescent lighting or as lighting from such high-temperature processes as welding or petroleum or metallurgical refining. No such direct glare shall be permitted, with the exceptions that parking areas and walkways may be illuminated by luminaries so hooded or shielded that the maximum angle of the cone or direct illumination shall be 60° drawn perpendicular to the ground, with the exception that such angle may be increased to 90° if the luminary is less than four feet above the ground. No luminary shall be placed more than 20 feet above ground level, and the maximum illumination at ground level shall not exceed three footcandles.
(b)
"Indirect glare" is defined, for the purpose of this chapter, as illumination beyond property lines caused by diffuse reflection from a surface such as a wall or roof or structure. Indirect glare shall not exceed that value which is produced by an illumination of the reflecting surface not to exceed:
(7)
Liquid or solid wastes. No discharge shall be permitted at any point into any public sewer, private sewage disposal system or stream or into the ground, except in accord with standards approved by the Westchester County Department of Health, of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.
B.
The storage of fuel oil, gasoline or other flammable materials shall not be in quantities in excess of 25,000 gallons.
§ 193-104 Sign restrictions and fences.
[Amended 6-16-1992 by L.L. No. 2-1992]
A.
Detached or ground signs. One sign not larger than 30 square feet and not exceeding nine feet in height with a ten-foot setback from any property line, advertising only the business conducted on the premises on which placed and only when detached from any building or structure shall be permitted.
B.
Wall signs: one sign attached to or incorporated in each building wall on a street and advertising only the business conducted in such building shall be permitted when such sign does not:
(1)
Exceed in total area two square feet for each horizontal foot of such wall.
(2)
Exceed in width 75% of the horizontal measurement of such wall, except that, where such horizontal measurement is 20 feet or less, the maximum width may be increased to 90% of such measurement.
(3)
Exceed 15 feet in height from the ground level.
(4)
Project not more than one foot from such wall.
C.
Any fence shall have the smooth or finished side facing the outside of the property, and all posts, braces or pipes must be placed on the inside of the fence.
[Added 6-16-1992 by L.L. No. 2-1992]
§ 193-105 Lot area.
No building shall occupy a lot or plot having a frontage of less than 75 feet and depth of 100 feet, except a plot having a frontage of not less than 50 feet and being in single, separate ownership on the effective date hereof.
§ 193-106 Height.
[Amended 8-7-1985 by L.L. No. 5-1985]
No building or structure shall exceed two and one-half (2 1/2) stories or 24 feet.
§ 193-107 Front yards.
The required front yard depth shall be 30 feet.
§ 193-108 Side yards.
The required side yard depth shall be 10 feet.
§ 193-109 Rear yards.
The required rear yard shall be 15% of the average depth of the lot.
§ 193-110 Lot coverage.
The building area shall not exceed 30% of the lot area.
§ 193-111 Accessory uses.
Customary accessory uses to the permitted uses, including off-street parking and loading areas, shall be permitted.