Manorhaven City Zoning Code
ARTICLE V
Use Regulations
§ 155-12 Residential districts.
A.
No building shall be erected, altered or used nor shall any premises be used for any purpose other than that set forth in this section.
B.
No building permit shall be issued for any use permitted in a district unless the applicant has first obtained building plan and site plan approval as required by law.
C.
No principal waterside use is permitted, including floating homes, boatels, residential barges, residence yachts, houseboats or other such uses used as a primary residence year round.
D.
Permitted principal landside uses shall be limited to the following:
(1)
R-1: residential one- or two-family detached dwelling units of not more than two units per 4,000 average square feet of lot area.
(2)
R-2: residential one- or two-family detached dwelling units of not more than two units per 4,000 average square feet of lot area.
(3)
R-3: residential detached or attached dwelling units conforming to total average density not to exceed one unit per 5,000 square feet and subject to special permit from the Board of Trustees.
(4)
R-4: residential multiple-dwelling units (existing apartments) shall conform to the density as now existing.
§ 155-13 (Reserved) [1]
§ 155-13.1 Residential District (R-1).
[Added 4-24-1997 by L.L. No. 4-1997]
R-1 residential one-family detached or two-family attached dwelling units shall conform to the following regulations.
A.
The minimum lot area shall be 4,000 square feet. Lots may not be subdivided or assembled without complying with minimum lot areas. Lots, regardless of size, may not have more than one two-family dwelling unit.
B.
The minimum lot width shall be 40 feet.
C.
The minimum lot depth shall be 100 feet.
D.
On an interior lot, the minimum front yard setback shall be 20 feet or the same as the average front yard setback of the existing buildings within 200 feet on each side of the lot and within the same block front and district, whichever shall be greater. On a corner lot a front yard setback shall be required on each street frontage as follows: The front yard setback on the narrower street frontage shall be a minimum of 20 feet or the same as the average front yard setback of the existing buildings within 200 feet on each side of the lot and within the same block front and district, whichever is greater, and the front yard setback on the other street frontage shall be a minimum of 10 feet, and if the street frontages are equal, each street frontage shall have a minimum front yard setback of 20 feet or the same as the average front yard setback of the existing buildings within 200 feet on each side of the lot and within the same block front and district, whichever is greater.
E.
On an interior lot, the minimum side yard setback shall be six feet, with a minimum aggregate of 14 feet. A corner lot shall have a minimum side yard setback of six feet on the side adjoining the interior lot opposite the front yard having a greater street frontage. The two yards fronting on streets shall be considered front yards, and the remaining yard shall be considered the rear yard.
F.
The minimum rear yard setback shall be 20 feet.
[Amended 3-13-2004 by L.L. No. 9-2004]
G.
No building shall exceed two stories or 26 feet in height, measured from the established street grade.
H.
The minimum floor area for each dwelling unit shall be 750 square feet.
I.
In a two-family dwelling located on a lot less than 5,000 square feet in area, at least one of the dwelling units shall not have more than two bedrooms.
[Amended 2-15-2001 by L.L. No. 1-2001]
J.
The maximum lot building coverage for a one-family dwelling shall be 28%. The maximum lot building coverage for a two-family dwelling shall be 25%; provided, however, that with respect to conversion of an existing one-family dwelling to a two-family dwelling, where the building lot coverage is 28% or less, the one-family dwelling may be so converted on condition that the building lot coverage not be increased as the result of said conversion, except to the extent that additional on-site parking is required. Building coverage shall include the principal building, including attached or detached porches and decks extending more than two feet above average finished grade and attached or detached garages and all other accessory uses. Moreover, accessory uses other than attached porches and decks extending more than two feet above average finished grade shall occupy no more than 40% of the rear yard area and no more than 40% of the side yard area. In the event that a preexisting, nonconforming dwelling under this subsection is destroyed by fire, flood and/or other like disaster, such dwelling may be reconstructed to the extent of the nonconformity herein, with respect to lot building coverage only.
[Amended 9-27-2000 by L.L. No. 6-2000; 2-15-2001 by L.L. No. 1-2001]
K.
The total of building lot coverage and the area occupied by structures, terraces, paved yard areas, paved driveways and any other impermeable surface shall not exceed 50% of the area of the lot.
[Added 2-15-2001 by L.L. No. 1-2001[1]]
[1]
Editor's Note: This local law repealed former Subsection K, which described when a one-family dwelling may not be converted to a two-family dwelling.
L.
Each single-family dwelling unit shall have at least two on-site parking spaces for occupant use, and each two-family dwelling unit shall have at least three on-site parking spaces for occupant use.
M.
No structure or accessory use may be located in the front yard.
N.
No structure or accessory use, other than a detached garage, as permitted, and parking of vehicles (but not commercial vehicles), may be located in a required side yard setback. A detached garage must have a minimum of a three-foot side yard setback and a minimum three-foot rear yard setback.
[Amended 3-13-2004 by L.L. No. 9-2004]
O.
Permitted accessory uses shall be limited to play equipment, private auto garages, storage of boats, garden sheds, ground playhouses, tool sheds, fences or walls (under four feet) and aboveground decks extending no higher than two feet above average finished grade. An accessory shed must have a minimum of a three-foot side yard setback and a minimum three-foot rear yard setback.
[Amended 2-15-2001 by L.L. No. 1-2001; 3-13-2004 by L.L. No. 9-2004]
P.
Accessory uses, in accordance with Article VIII, with a special use permit from the Board of Zoning and Appeals, shall be limited to:
(1)
Fences and walls above four feet.
(2)
Aboveground/in-ground pools.
(3)
Satellite antennas measuring more than 36 inches in diameter at any point. Satellite dishes of less diameter shall be permitted in accordance with § 155-48.
(4)
Radio antennas.
(5)
Cabanas.
(6)
Basketball, tennis or other courts, with or without fencing.
(7)
Tree playhouses.
(8)
Vehicle storage and parking.
(9)
Boat storage.
Q.
The height of the average grade of the habitable area shall conform to the grades required by the applicable state laws for flood hazard designated areas by the National Flood Insurance Program.
§ 155-14 Residential District (R-2).
[Amended 3-23-1988 by L.L. No. 2-1988; 6-21-1995 by L.L. No. 5-1995; 4-24-1997 by L.L. No. 4-1997]
R-2 residential one-family detached or two-family attached dwelling units shall conform to the following regulations.
A.
The minimum lot area shall be 4,000 square feet. Lots may not be subdivided or assembled without complying with minimum lot areas. Lots, regardless of size, may not have more than one two-family dwelling unit.
B.
The minimum lot width shall be 40 feet.
C.
The minimum lot depth shall be 100 feet.
D.
On an interior lot, the minimum front yard setback shall be 20 feet or the same as the average front yard setback of the existing buildings within 200 feet on each side of the lot and within the same block front and district, whichever shall be greater. On a corner lot a front yard setback shall be required on each street frontage as follows: The front yard setback on the narrower street frontage shall be a minimum of 20 feet or the same as the average front yard setback of the existing buildings within 200 feet on each side of the lot and within the same block front and district, whichever is greater, and the front yard setback on the other street frontage shall be a minimum of 10 feet, and if the street frontages are equal, each street frontage shall have a minimum front yard setback of 20 feet or the same as the average front yard setback of the existing buildings within 200 feet on each side of the lot and within the same block front and district, whichever is greater.
E.
On an interior lot, the minimum side yard setback shall be six feet, with a minimum aggregate of 14 feet. A corner lot shall have a minimum side yard setback of six feet on the side adjoining the interior lot opposite the front yard having a greater street frontage. The two yards fronting on streets shall be considered front yards, and the remaining yard shall be considered the rear yard.
F.
The minimum rear yard setback shall be 20 feet if front yard parking is provided or 35 feet if rear or side yard parking is provided.
G.
No building shall exceed two stories or 26 feet in height, measured from the established street grade.
H.
The minimum floor area for each dwelling unit shall be 750 square feet.
I.
In a two-family dwelling located on a lot less than 5,000 square feet in area, at least one of the dwelling units shall not have more than two bedrooms.
[Amended 2-15-2001 by L.L. No. 1-2001]
J.
The maximum lot building coverage for a one-family dwelling shall be 28%. The maximum lot building coverage for a two-family dwelling shall be 25%, provided, however, that with respect to conversion of an existing one-family dwelling to a two-family dwelling, where the building lot coverage is 28% or less, the one-family dwelling may be so converted on condition that the building lot coverage not be increased as the result of said conversion, except to the extent that additional on-site parking is required. Building coverage shall include the principal building, including attached or detached porches and decks extending more than two feet above average finished grade and attached or detached garages, and all other accessory uses. Moreover, accessory uses other than attached porches and decks extending more than two feet above average finished grade shall occupy no more than 40% of the rear yard area and no more than 40% of the side yard area. In the event that a preexisting, nonconforming dwelling under this subsection is destroyed by fire, flood and/or other like disaster, such dwelling may be reconstructed to the extent of the nonconformity herein, with respect to lot building coverage only.
[Amended 9-27-2000 by L.L. No. 6-2000; 2-15-2001 by L.L. No. 1-2001]
K.
The total of building lot coverage and the area occupied by structures, terraces, paved yard areas, paved driveways and any other impermeable surface shall not exceed 50% of the area of the lot.
[Added 2-15-2001 by L.L. No. 1-2001[1]]
[1]
Editor's Note: This local law repealed former Subsection K, which described when a one-family dwelling may not be converted to a two-family dwelling.
L.
Each single-family dwelling unit shall have at least two on-site parking spaces for occupant use, and each two-family dwelling unit shall have at least three on-site parking spaces for occupant use.
M.
No structure or accessory use may be located in the front yard.
N.
No structure or accessory use, other than a detached garage, as permitted, and the parking of vehicles (but not commercial vehicles), may be located in a required side yard setback. A detached garage must have a minimum of a two-foot side yard setback and a minimum two-foot rear yard setback.
O.
Permitted accessory uses shall be limited to play equipment, private auto garages, storage of boats, garden sheds, ground playhouses, tool sheds, fences or walls (under four feet) and aboveground decks extending no higher than two feet above average finished grade.
[Amended 2-15-2001 by L.L. No. 1-2001]
P.
Accessory uses, in accordance with Article VIII, with a special use permit from the Board of Zoning and Appeals, shall be limited to:
(1)
Fences and walls above four feet.
(2)
Aboveground/in-ground pools.
(3)
Satellite antennas measuring more than 36 inches in diameter at any point. Satellite dishes of less diameter shall be permitted in accordance with § 155-48.
(4)
Radio antennas.
(5)
Cabanas.
(6)
Basketball, tennis or other courts, with or without fencing.
(7)
Tree playhouses.
(8)
Vehicle storage and parking.
(9)
Boat storage.
Q.
The grade of all terrain around hillside structures shall be of a pitch and contain such surfaces and subsurface drainage structure that would prohibit erosion of the slope.
R.
The grade of all terrain around hillside structures shall be covered with landscaping and other ground covers to prevent erosion of the slope.
S.
The site of all hillside structures shall not be excavated or filled beyond what is necessary for normal construction of a house.
§ 155-15 Residential District (R-3).
R-3 residential cluster development shall conform to the following regulations:
A.
The maximum density shall be one dwelling unit per 5,000 square feet of gross acreage.
B.
The minimum area of the site shall be one acre.
C.
The minimum distance units shall be placed is 20 feet from the public roads or other state, county, town or Village properties.
D.
The maximum allowable total composite building coverage for all housing units and other structures shall be 35%.
E.
The maximum building height shall not exceed 26 feet and two stories in height, as measured from the established street grade adjoining the property.
F.
The minimum distance that all structures shall be set back from all property lines is 50 feet when they abut adjacent residential, commercial or industrial districts.
G.
Each dwelling unit shall have at least two on-site parking spaces, excluding common or club parking, and at least one of such parking spaces shall be enclosed.
H.
No structures or accessory uses shall be permitted in the front yard.
I.
The dwelling units shall be no less than 900 square feet, nor shall they contain more than two bedrooms.
J.
Each dwelling unit shall have public or common parking space for visitor's use at one space per five units if there is no clubhouse and two spaces per five units if there is a clubhouse.
K.
Deed restrictions, in a form approved by the Village, shall be recorded as to the use and operation of open space.
L.
Accessory uses shall be limited to those permitted in R-1 and R-2 Districts.
M.
Existing structures may be incorporated into the overall design, provided that they comply with the regulations in this chapter for new structures.
N.
Every dwelling unit shall have pedestrian access to the waterfront, street, court, walkway or equivalent, designed for public use and resident use.
O.
No building or structure shall contain more than six dwelling units with exterior unit access or 10 dwelling units with interior unit access.
P.
The front yard setback of each building shall be not less than 20 feet from the interior road on which the lot fronts.
Q.
The minimum distance between buildings shall be 40 feet.
R.
The height of the average grade of the habitable areas shall conform to the grades required in the applicable state laws by the National Flood Insurance Program.
§ 155-16 R-4 Zone.
[Amended 12-20-2006 by L.L. No. 5-2006]
A.
Multiple-dwelling units shall conform to the following regulations:
(1)
All multiple dwellings that exist shall be permitted, and any reconstruction or alteration due necessary because of artificial or natural damages shall be permitted in accordance with the regulations of Subsection B of this section.
(3)
This regulation prohibits multiple dwellings in any other zone of the Village.
(4)
If an existing multiple dwelling is reconstructed or is altered after the adoption of this chapter, on-site parking of two spaces per dwelling unit shall be provided.
B.
All multiple dwellings shall conform to the following regulations:
(1)
No apartment house shall be more than two stories in height with a maximum height of 28 feet to the highest point, as measured from the established grade of the street adjoining the property.
(2)
The minimum lot area for an apartment house shall be 1,500 square feet per family and shall not contain more than 20 apartments.
(3)
The building area shall not exceed 35% of the lot area.
(4)
Off-street parking facilities sufficient to accommodate one automobile per tenant shall be provided, which may consist of an accessory garage building or a combination of garage buildings and outdoor parking space. At least 50% of such parking facilities shall be garage space.
(5)
Transient parking space shall also be provided at the rate of one car space for each five tenants; such area devoted to this use shall be considered as not occupied by construction in determining percentages of occupancy of lot area. A parking building shall not exceed 15 feet in height, nor shall it exceed more than one floor.
(6)
All areas available for off-street parking and access driveways shall be surfaced in accordance with the following specifications: not less than two inches of broken stone after compaction and one inch of bituminous material after compaction.
(7)
The entire parking space area shall be screened from outside view by landscaping property borders, except entrances and exits.
(8)
Each dwelling unit shall contain not less than 600 square feet per family.
(9)
There shall be a rear yard the depth of which shall be not less than 20 feet, and on lots abutting a residence district, a minimum side and/or rear yard of 25 feet abutting said district will be required.
(10)
The front yard setback shall be not less than 20 feet, and there shall be side yard setbacks of not less than six feet on each side.
(11)
On a corner lot, a front yard shall be required on each street, which shall be not less than 20 feet from each street.
(12)
Where residential buildings are grouped on the same lot or plot, the unobstructed open spaces between the exterior walls of such buildings shall be not less than 30 feet.
§ 155-17 Commercial districts.
A.
No building or accessory use shall be erected, altered or used nor shall any premises be used for any purpose other than that set forth in this chapter.
B.
No building permit shall be issued for any use permitted in a district unless the applicant has first obtained building plan and site plan approval as required by law.
D.
No building shall be erected to a height in excess of 26 feet or two stories, as measured from the established street grade.
E.
For any of the uses permitted, the minimum building shall not cover less than 600 square feet of ground floor space. The height shall not be less than 1 1/2 stories. A one-story building is acceptable, provided that there is a parapet of at least 2 1/2 feet all around the building or gable. The minimum lot area shall be 4,000 square feet, except for attached row stores for retail trade, which must have a minimum lot area of 2,000 square feet.
F.
The minimum width of the lot for each building, together with the accessory buildings appurtenant thereto, shall be 40 feet, except for attached row stores for retail trade, which must have a minimum width of 20 feet.
G.
The minimum front yard setback shall be five feet.
H.
A corner lot shall have a front yard along its principal frontage.
I.
A corner lot shall have a front yard along its side street frontage of a minimum of five feet.
J.
The minimum rear yard setback shall be 10 feet.
K.
No side yard setback is required unless it abuts a residential district, in which event a minimum side yard setback of 10 feet is required.
L.
The maximum allowable lot coverage shall be 70%.
M.
Every commercial building that is vacant or unoccupied shall be required to have window treatments and/or coverings installed on any ground level windows, plate-glass storefronts, or other openings such that the interior of the building shall be screened from view. Acceptable window treatments include frosted glass, curtains, vertical or horizontal blinds, fabric window shades, or similar devices, and all installed window treatments and/or coverings for a building shall be of a uniform type and appearance, and must be maintained in a clean and sanitary manner.
[Added 3-26-2020 by L.L. No. 4-2020; amended 3-26-2020 by L.L. No. 5-2020]
§ 155-18 Commercial Marine (C-1) District.
[Amended 4-25-2001 by L.L. No. 6-2001]
A.
Legislative purpose. The purpose of this section is to:
(1)
Ensure that the character and integrity of Manorhaven's maritime heritage, particularly the concentration of water-dependent uses in the area which is unique to the Village of Manorhaven and the entire Long Island Sound region, will be maintained and enhanced.
(2)
Maintain, encourage and promote the development of uses that have traditionally been associated with the Village of Manorhaven waterfront and to accommodate water-enhanced commercial uses that are compatible with and supportive of water-dependent uses.
(3)
Expand, enhance and preserve the public's ability to access a limited deep-water resource for commercial and recreational uses and enjoyment, and maximize employment opportunities from water-dependent commerce.
(4)
Provide for waterfront amenities for public enjoyment of the shore.
B.
Permitted uses. A building, structure or facility may be used, erected, maintained, repaired or altered, and a lot may be used, for any of the following uses:
(1)
Marina, yacht club or boat launch facilities for docking, mooring, storage or otherwise accommodating waterborne vessels, excluding barges used in or for commercial shipping.
(2)
Public or private parkland, fishing docks or piers.
(3)
Charter service, commercial excursion, open party, ferry/shuttle service and water taxi, but not car ferries, ground-effects craft ("hover craft") or high-speed ferries. Any owner/operator shall be required to apply to the Village for a permit for any such service. In connection therewith, where any vessel has a capacity of more than 15 passengers, the owner/operator shall file with the Village its written agreement with the owner of its docking facility providing parking pursuant to § 155-46 hereof.
[Amended 2-2-2004 by L.L. No. 1-2004]
(4)
Commercial fishing operations, including the docking, loading and unloading of fishing boats, equipment for the fishing industry in open lots and the refrigerated storage of fish, but excluding processing or canning facilities.
(5)
The wholesale or retail sale of marine fuel and oils, provided that the storage tanks for the same comply with Chapter 77, Gasoline and Fuel Oil Storage, of the Code of Manorhaven, and Nassau County/New York State regulations.
(6)
The manufacture, construction, restoration, repair, service and assembly of vessels, marine-related equipment (including the repair of boating engines and their accessories and electrical equipment, including machine shops predominantly devoted to marine equipment) and incidental light manufacturing related to such activities. Those uses existing as of the effective date of the revision of this section that are conducted outdoors may be continue to be conducted outdoors. Such uses that commence after the effective date of the revision of this section shall be conducted in enclosed buildings.
(7)
Sale (including brokerage) and display of new or used boats, marine supplies; and the sale of engines, parts, marine electronic equipment, fishing supplies and marine sporting equipment for use with or in conjunction with boats.
(9)
Restaurants and food and beverage establishment, but not a drive-up, drive-in or drive-through restaurant or eating facility.
C.
Accessory uses.
(1)
These accessory uses are permitted as of right at a marina:
(a)
Restaurant or other eating facility used solely by members of the marina (including transients); laundry and shower for members and ship's chandlery for retail sale of personal supplies and staples; instruction in sailing and boating. Under no circumstances shall a drive-up, drive-in or drive-through restaurant or eating facility be permitted.
(b)
Other amenities that are accessory to a marina, used solely by members of the marina (including transients); such as swimming pool, tennis court, picnic area, spa, health club and gym, with a special permit from the Board of Zoning Appeals. These amenities shall conform to any applicable off-street parking requirements.
(c)
Manufacture, construction, restoration, repair, service and assembly of marine structures, including docks, floats, barges and racks.
(d)
Marine-related events such as races, boat shows, displays and exhibitions of boats and marine equipment, "Blessing of the Fleet" parties and similar special events, only with a permit issued by the Building Department, after submitting an application therefor not less than 14 days prior to the proposed event, the content of which application shall be determined by the Village Clerk.
(2)
The accessory uses listed in Subsection C(3) are permitted when the following criteria are met:
(a)
The accessory use does not displace any of the land, dock and surface water area committed to existing water-dependent use unless comparable space is available on the same site or within the zoning district on which the water-dependent use can be relocated.
(b)
Public access to and along the shore shall be provided for patrons.
(c)
Accessory uses shall not be permitted over surface waters and shall be located inland, away from the water to the maximum extent practicable, so as to provide space immediately abutting the water for water-dependent uses.
(3)
The following accessory uses may be allowed:
(a)
Restaurants, cocktail lounges and other food and beverage establishments, other than those permitted as of right or as accessory uses as of right under Subsection C(1). No drive-ups, drive-ins or drive-throughs shall be permitted. Accessory uses allowed under this subsection shall be permitted only by special permit to be issued by the Board of Appeals.
(b)
Offices for research labs or facilities related to watercraft development and marine-related educational facilities other than those permitted in Subsection C(1).
(c)
Sale of fish and shellfish, either at retail or wholesale, subject to special permit to be issued by the Board of Zoning and Appeals.
(d)
Health clubs, sailing clubs, boat clubs or other marine-related daily admission nonmembership clubs, but not including amusement parks.
(e)
Rack storage facilities for boats, with site plan approval by the Board of Trustees.
D.
Setbacks in C-1 District. Setbacks shall be as provided in § 155-17. Docks and piers shall be permitted within a setback only if no building is located on them.
E.
Ferry/shuttle service. In the development of commercial ferry/shuttle service the following standards shall be met:
(1)
Public demand for the service and the intended route must be demonstrated.
(2)
The upland area must be able to accommodate an adequately sheltered terminal site and ferry waiting area.
(3)
There must be adequate waterside access and dock facilities.
(4)
The upland area must be able to support the infrastructure and other support facilities, including an adequately sized terminal, public rest rooms and parking area, to accommodate the intended volume of passengers during peak use.
(5)
It must be demonstrated that there is adequate road access and capacity to handle the volume of vehicular generated traffic during peak usage.
(6)
All adverse environmental impacts must be mitigated to the maximum extent practicable.
§ 155-19 Commercial Office and Services (C-2) District.
The following uses are permitted in the C-2 District:
A.
Professional uses as licensed by the New York State Department of Education.
B.
Financial uses, such as banks, lending agencies and brokerages.
C.
Business services, such as activities or functions that primarily serve other commerce activities or consumer requirements elsewhere than on the premises. For the purposes of this section, a warehouse or the storing of goods or products for use of a retail store at another location shall not be deemed a business service.
[Amended 2-28-1996 by L.L. No. 3-1996]
D.
Medical and other health clinics, with a special use permit from the Board of Zoning and Appeals.
E.
Educational or religious uses chartered by the State Education Department or Secretary of State.
§ 155-20 Commercial Retail and Sales Stores (C-3) District.
[Amended 7-2-2012 by L.L. No. 1-2012; 3-23-2017 by L.L. No. 7-2017; 10-26-2017 by L.L. No. 24-2017]
A.
The following uses are permitted in the C-3 District:
(1)
Restaurants and other eating facilities, with a special use permit from the Board of Zoning and Appeals.
(2)
Public assembly places.
(3)
Retail stores and shops, with permitted hours of operation limited to the hours between 5:00 a.m. and 11:00 p.m.
(4)
Trade stores, with permitted hours of operation limited to the hours between 5:00 a.m. and 11:00 p.m.
(5)
Clubs for admission, with a special use permit by the Board of Zoning and Appeals.
(6)
C-2 uses.
(7)
Convenience stores, with a special use permit from the Board of Zoning Appeals, which permit, if granted, may regulate the hours of operation of such convenience store.
B.
Notwithstanding the foregoing, the following uses shall be prohibited in the C-3 District:
(1)
The manufacture, sale, distribution or use of electronic or e-cigarettes, including but not limited to any electronic device that delivers vapor which is inhaled by an individual user, and shall include any e-liquid, refill, cartridge or component of such a device.
(2)
The sale of tobacco or tobacco products, including but not limited to cigarettes, cigars, bidis, chewing tobacco, powdered tobacco, or nicotine water to a person under the age of 21.
§ 155-20.1 Business Overlay District (BOLD) for mixed use live/work apartments.
[Added 5-25-2005 by L.L. No. 7-2005]
A.
Purpose.
(1)
The proposed BOLD zoning ordinance is designed to make a more livable area, to build community pride, to promote neighborhood and community self-sufficiency and to help retain historic/existing structures instead of replacing them.
(2)
The following principles guide the BOLD legislation:
(a)
To promote mixed use development in accordance with the principles of new urbanism.
(b)
To increase the availability of housing alternatives to meet local needs.
(c)
To promote the neighborhood and enhance the existing local business community by reducing the need for vehicular traffic and encouraging walking and bicycling.
(d)
To permit the use of new development standards to create attractive Village settings which will foster economic revitalization in commercial and mass transit-oriented locations.
B.
Application.
(1)
The BOLD is hereby enacted to include the Business C-1, Business C-2, Business C-3, and E-1 Districts. The new zoning shall not restrict any owners' rights relative to the underlying zoning district. However, if an owner elects to use the BOLD for development purposes, construction shall conform to the regulations as set forth in this section, as well as all other relevant provisions of the Village of Manorhaven Zoning Codes, and New York State Building Codes as well as the Manorhaven Downtown Business District architectural guidelines.
[Amended 6-27-2007 by L.L. No. 7-2007]
(2)
In any existing business zones, the owners will be required to update the interiors of stores, store fronts and signage as per Village proposed elevations.
C.
Zoning requirements.
(1)
The BOLD shall apply to all existing retail, food establishments and business uses currently permitted in the Business C-1, Business C-2, Business C-3 and E-1 Zones; and second floor residential apartments presently existing over retail structures.
(2)
Authorization for any uses which would require a special use permit or any existing uses approved with a special use permit shall be required to submit an application to the Board of Zoning Appeals.
(3)
All existing industrial uses, auto body shops, auto repair shops, hardware stores, drycleaners/ laundromats and any uses where toxic chemicals are stored shall not be permitted as part of the BOLD.
(4)
New construction as part of the BOLD shall meet the following requirements:
(a)
Retail, office and restaurant uses:
[1]
Minimum lot size 6,000 square feet.
[2]
Building lot coverage shall be at 25% of the lot.
[3]
Setback: eight feet rear, eight feet and 10 feet sides (Five feet side is permitted next to traffic lane.), 10 feet front.
[4]
Off-street parking shall be located in front of store.
[5]
Height shall neither exceed two stories and/or 26 feet.
[6]
Flat roofs meeting manufacturers requirements, as well as NYS Building Codes, shall be permitted; provide thirty-inch parapet on three sides which will not be included in height calculations, however the Village encourages the use of sloped or pitched roofs.
[7]
The site shall be screened with a six-foot high fence on three sides, provide plants or shrubs in front of fence on property side.
(b)
Residential apartments:
D.
Existing uses modified under the BOLD.
(1)
For existing commercial uses with apartments above, on Manorhaven Boulevard and Sintsink Drive East, property owners will be required to bring the interior of the stores and apartments into compliance as per the requirements of the BOLD and the NYS Building Codes within six months from date of approval of the BOLD.
(2)
Commercial uses approved under the BOLD will be required to improve store fronts as per Village proposed elevations and bring the signage into conformity.
(3)
All existing plumbing vents and exhaust vents shall be reviewed and, if necessary, relocated so as not to affect the fresh air envelope around the second floor apartments.
(4)
The first floor preexisting commercial uses shall not be limited by size. The apartments shall be limited to only studio apartments at 600 square feet minimum size, and one-bedrooms at 750 square feet minimum.
E.
Off-street parking regulations for new construction.
(1)
The maximum number of retail units shall be limited by the number of available parking spaces that can be provided on site at ground level. Where feasible for developments equal to or larger than 12,000 square feet the Village encourages the developer to locate the parking in the rear of the site to improve the street appearance.
(2)
Parking spaces shall be as follows:
(a)
Traffic lane shall be a minimum of 20 feet wide.
(b)
Fifty percent of paved area shall be porous materials.
(c)
Standard parking spaces approved for the BOLD shall be nine feet wide by 18 feet deep.
(d)
Accessible parking shall be one standard space next to an indicated accessible aisle eight feet wide by 18 feet deep with approved signage.
(e)
Loading spaces shall be 15 feet wide by 25 feet deep
(f)
Dumpster locations shall be a minimum of 10 feet wide by 18 feet deep and screened.
(g)
Parking requirements for retail /office spaces shall be one space for each 300 square feet of gross floor area in excess of 1,000 square feet.
(h)
Parking requirements for restaurants are one space for each five seats, one space for each employee and approved with a special use permit by the Board of Zoning Appeals.
(i)
Parking requirements for live/work apartments shall be one space per unit or as otherwise designated.
(j)
With the approval of the Board of Trustees, a twenty-five-percent reduction of the live/work apartment parking spaces may be granted where it can be demonstrated that greater than 50% of the retail and business uses at the development will only be open from 9:00 a.m. to 6:00 p.m. during daytime hours. The live/work spaces can overlap the parking for retail spaces.
(k)
On Manorhaven Boulevard, street parking spaces within 400 feet of the site shall be counted toward residential parking requirements.
F.
Open space.
(1)
The open space requirement of 25% of the total retail/apartment space for any live/work apartments in the BOLD may be reduced to a minimum of 15% of the lot area if the development proposal includes the use of porous paving surfaces and other techniques to ensure adequate filtering of contaminates present in stormwater and drainage.
(2)
If it is impossible to provide open space as indicated, then the developer shall contribute 3% of the estimated construction cost to either a designated park/ Village Hall improvement or infrastructure fund.
G.
Site plan review.
(1)
All proposed new projects using the BOLD shall be subject to site plan review procedures before the Board of Trustees. The Architectural Review Board shall act as a consulting review agency and make recommendations prior to submittal to the Board of Trustees.
(a)
The site plan shall be presented in a scale of 1/4 inch = one foot, zero inches, with spot elevations on four corners of the lot and at four corners of the building. Show existing trees to remain and those to be removed. Show proposed parking, site drainage, planting schedule, garbage containment and zoning calculations. Indicate dedicated park area. Submit photos of all adjoining properties and properties across the street.
(b)
The elements to be included in the site plan for review shall include pathways connecting to adjacent sidewalks, parking areas, sitting areas, a plan for storage areas, lighting, shade trees and other landscaping. The plans shall be reviewed by the Architectural Review Board.
(c)
Developers are encouraged to have a preliminary meeting with the ARB to discuss new urbanism and live/work apartments with respect to design guidelines.
(d)
The Architectural Review Board shall review the facade, signage and site plan prior to granting approval.
(2)
Site plan approval. Developers looking to utilize the BOLD shall present plans for site plan approval to the Board of Trustees. Upon review of the plans and recommendations by the ARB, the Board of Trustees, as planning authority, shall review and grant a special use permit.
H.
Construction details.
(1)
For new construction, each entrance shall have a lobby of a minimum size of 10 feet by 10 feet, provided with table and lamp and timed electric lighting. The lobby and stair hall shall be maintained by the landlord.
(2)
Security. The entrance doors shall be locked and provided with voice activated answering buzzers.
(3)
Life safety.
(a)
Hard-wired smoke detectors shall be installed between the apartments and stores and connected to a central station.
(b)
Each entrance stairs shall have a hard-wired carbon monoxide and smoke detector.
(c)
Fire alarm pull handle shall be installed in common apartment hall and in the individual stores.
(d)
If a building is handicap accessible, than a strobe shall be installed in the retail, office, restaurant and access stairs for the apartments.
(5)
Mailboxes shall be located outside the lobby adjacent to the front entrance.
I.
Maintenance of properties.
(1)
Snow removal and property maintenance shall be provided by landlord. Snow shall be removed within 12 hours after end of storm.
(2)
Garbage shall be collected from dumpsters behind protective enclosures.
(3)
The landlord shall designate an individual for maintenance who can be contacted by tenants.
(4)
The apartments shall be inspected for compliance by the Building Department under rental housing permit requirements at a minimum of every other year.
§ 155-21 (Reserved) [1]
[1]
Editor's Note: Former § 155-21, Industrial districts, was repealed 3-23-2005 by L.L. No. 1-2005. Former § 155-21, Enterprise Waterside Zone (E-2) District, added 9-26-2007 by L.L. No. 8-2007, was repealed 10-16-2008 by L.L. No. 5-2008. This local law also repealed former §§ 155-21.1, Uses in the E-2 District, 155-21.2, Regulations in the E-2 District, and 155-21.3, Design guidelines for E-2 District, added 9-26-2007 by L.L. No. 8-2007, which immediately followed this section.
§ 155-22 Marine Recreational (MR) District.
[Amended 2-24-1999 by L.L. No. 2-1999; 6-26-2002 by L.L. No. 5-2002]
A.
Legislative purpose. The purpose of this section is to allow recreational opportunities on public lands and private recreational lands both above and below the mean high tide mark. The primary uses on the property shall be water-dependent recreation, open space or parks.
B.
Marine recreational uses shall conform to the following:
(1)
Any non-water-dependent recreational uses shall be located away from the water to the maximum extent practicable.
(2)
No structures shall be higher than 26 feet with a maximum of two stories, as measured from the established street grade, nor be erected nearer to any property or street line than a distance of 30 feet.
(3)
The maximum impermeable lot coverage shall be 50%, and no portion of underwater lands shall be used in this calculation.
(4)
Any accessory buildings shall be on the same lot and landward of any principal building.
(5)
Visual access shall be preserved from the public streets through the property to Manhasset Bay or any adjacent inlet, cove or creek opening into the Bay, subject to site plan review.
(7)
Docks and piers shall be permitted within a setback only if no building is located on them.
C.
Permitted upland uses:
(1)
Marine recreational facilities such as: swimming access or beaches, boating facilities for temporary loading and unloading, docking and seasonal storage of dinghies or small nonmotorized vessels and boat ramp for small vessels.
(2)
Parkland and recreational facilities, except for water parks and amusement parks.
(3)
Loading and unloading of commercial fishing boats.
(4)
Commercial excursion, open party, ferry/shuttle, water taxi, and charter boat facilities, but excluding car ferries, ground-effects craft or high-speed ferries.
(5)
Offices, restrooms, and storage facilities for the uses listed above.
D.
Accessory uses.
(1)
The following accessory uses may be permitted:
(a)
Concession facilities for the sale of food and beverages, and marine-related retail.
(2)
Such accessory uses may be permitted when the following criteria are met:
(a)
The accessory use does not displace any of the land, dock or water uses committed to water-dependent recreation unless comparable space is available on the same site or within the zoning district in which the recreation is located.
(b)
Public access to and along the shore shall be provided for patrons.
E.
Underwater marine recreational uses shall conform to the following:
§ 155-23 Enterprise (E-1) District.
[Added 3-23-2005 by L.L. No. 1-2005[1]]
A.
Legislative purpose of Enterprise (E-1) District. There is established an Enterprise (E-1) District to facilitate a mixture of commercial, residential, water-dependent, and water-related enterprises to replace the former I-2 and I-3 Districts of the Village and to be compatible with the surrounding residential and C-1 Districts. The existing I-2 and I-3 zoning is clearly inappropriate for the properties in these districts and the Enterprise District will not only benefit these properties but will also benefit and enhance the properties in the surrounding residential and C-1 Districts.
B.
Location of Enterprise District. The Enterprise District shall consist of the I-2 and I-3 Districts of the Village, which are hereby eliminated and, in addition, such area of the Village zoned G-2 immediately adjacent to the I-3 District; however, only to the extent that such property zoned G-2 is not owned by any governmental entity on the date of enactment of this local law.
C.
New York State Department of Environmental Conservation. Any conversion from an existing use, whether permitted or preexisting nonconforming hereunder, to a permitted residential use or a permitted use associated with the consumption of food and/or beverages shall be referred to the New York State Department of Environmental Conservation for such review as it may deem appropriate.
[1]
Editor's Note: This local law also repealed former § 155-23, Industrial Research (I-2) District, as amended.
§ 155-24 Uses and regulations in the E-1 District.
[Added 3-23-2005 by L.L. No. 1-2005[1]]
A.
Permitted uses. A building, structure or facility may be used, erected, maintained, repaired or altered, and a lot may be used, for any of the following uses:
(1)
Uses associated with arts and crafts, including painting, sculpting, pottery, ceramics, jewelry-making, giftware and the like, including the creation and sale of such items, except that the use of welding and soldering equipment or kilns shall require a special use permit from the Board of Zoning and Appeals.
(2)
Art instruction classes.
(3)
General office uses.
(4)
Nautical and related research uses.
(5)
Indoor participant sport uses, such as tennis, squash and racquetball courts.
(6)
Outdoor sports uses, such as tennis courts, with a special use permit from the Board of Zoning Appeals.
(7)
Self-storage facilities where the storage of combustible materials is prohibited and trucks serving such facilities shall have a gross weight (GWT) of no greater than 20 tons, with a special use permit from the Board of Zoning and Appeals.
(8)
Marine retail facilities, such as those for the sale and display of new boats, and marine supplies; the sale of marine engines, parts and electronic equipment; and the sale of fishing supplies and marine sporting equipment; outside storage and display of new and used boats for sale to the general public, provided that such storage is an accessory use to a use under this subsection.
(9)
Marine-related educational facilities, such as sailing schools.
(10)
Restaurants and other food and beverage establishments that are either dependent upon marine uses in the C-1 Zone or nondependent, except for drive-ups, drive-ins and drive-throughs, and only with a special use permit from the Board of Zoning and Appeals, excluding separate, freestanding cocktail lounges or bars.
(11)
Indoor manufacture of boats, dependent upon marine uses in the C-1 Zone or nondependent with a special use permit from the Board of Zoning and Appeals.
(12)
Clubs associated with marine recreation that are affiliated with marine uses in the C-1 Zone, such as sailing clubs, health clubs and other daily admission nonmembership clubs, with a special use permit from the Board of Zoning and Appeals.
(13)
Indoor rack storage facilities for boats, dependent upon marine uses in the C-1 Zone or nondependent, with a special use permit from the Board of Zoning and Appeals.
(14)
Indoor marine vessel repairs, dependent upon marine uses in the C-1 Zone or nondependent, with a special use permit from the Board of Zoning and Appeals.
(15)
Professional uses as licensed by the New York State Department of Education.
(16)
Educational or religious uses chartered by the State Education Department or Secretary of State.
(17)
Retail stores and shops.
(18)
Personal service establishments, such as tailors, hairdressers and nail salons, not to include any enterprise which includes massage or tatooing.
(19)
Trade stores.
(20)
Hotels.
(21)
Single-family and two-family residential development, which shall conform to the following regulations:
(a)
No building permit shall be issued for any use unless the applicant has first obtained building plan and site plan approval as required by law.
(b)
The maximum density shall be two dwelling units per 5,000 square feet of gross acreage.
(c)
The minimum distance units shall be located from the public road or other state, county, town or Village properties shall be 20 feet.
(d)
The maximum allowable total composite lot coverage for all housing units and other structures shall be 28%.
(e)
The buildings shall not exceed 26 feet and two stories in height, as measured from the established street grade adjoining the property.
(f)
The minimum front yard and rear yard setbacks shall be 20 feet. The minimum side yard setback shall be 10 feet.
(g)
Each dwelling unit shall have at least two on-site parking spaces and at least one of such parking spaces shall be enclosed, and there shall be no parking below the established grade.
(h)
No structures or accessory uses, except for parking, shall be permitted in the front yard.
(i)
A dwelling unit shall be no less than 900 square feet in floor area.
(j)
Accessory uses shall be limited to those permitted in the R-1 and R-2 Districts.
(k)
Existing structures may be incorporated into the overall design, provided that they comply with the regulations in this chapter for new structures.
(l)
Access to individual units shall be directly from the exterior of the building or structure only.
(m)
The height of the average grade of the habitable areas shall conform to the grades required in applicable state laws by the National Flood Insurance Program.
(n)
Buffering from existing commercial uses shall be established by the applicant at the time of development, as required by the Architectural Review Board. If adjacent commercial uses increase hours of use. noise levels, lighting, fames or other undesirable impacts after development of the residential units and establishment of the approved buffer, additional buffering shall be the responsibility of the commercial use.
(22)
Mixed use, as defined in this chapter, with a special permit from the Board of Zoning and Appeals, and subject to the following provisions:
(b)
Mixed use shall be permitted only in buildings which conform to the New York State Uniform Fire Prevention and Building Code for the proposed mixed use.
(c)
The residential and nonresidential uses in a mixed use building shall have separate means of access (this is, the entrance/exit for the residential use shall not be through the nonresidential use of the building and vice versa), except that the Board of Zoning and Appeals may, at its discretion, approve the use of a common lobby or plaza.
(d)
The respective uses of the building shall each be provided with the number of parking spaces required by § 155-46 herein.
(e)
Residential use shall not be permitted in a building housing a bowling alley or any other use deemed by the Board of Zoning and Appeals to be incompatible with the residential use of the building.
(23)
The conversion of a building existing as of the effective date of this section to residential or mixed use, notwithstanding that the dimensional requirements of § 155-24C(2) through (10) may not be met, with a special permit from the Board of Zoning and Appeals, and subject to the provisions of § 155-24A(22) as applicable.
B.
Accessory uses.
(1)
Accessory residential use by an artist or craftsman/woman under Subsections A and B. with a special use permit from the Board of Zoning and Appeals and consistent with the definition of "family" under § 155-6, with a further requirement of one parking space for such accessory residential use. No sublease or assignment of lease shall be permitted.
(2)
Same-site off-street parking in conjunction with uses in the E-1 District.
(3)
Parking lots, garages and parking structures to provide off-site parking for businesses in the adjacent C-1 Zone, subject to site plan review by the Board of Trustees and consistent with the provisions of §§ 155-45 and 155-46. Overnight parking in such parking facilities shall be prohibited. No such parking lot shall be leased or assigned to another entity, and no permit or license for its use shall be issued.
C.
Regulations for nonresidential and mixed uses. Nonresidential and mixed uses in the E-1 District shall conform to the following minimum regulations:
(1)
No building permit shall be issued for any use unless the applicant has first obtained building plan and site plan approval as required by law.
(2)
Buildings shall not exceed 26 feet and two stories in height, as measured from the established street grade adjoining the property.
(3)
Each building shall not cover less than 600 square feet of ground floor space. Building height shall not be less than 1 1/2 stories; notwithstanding the above, a one-story building is permitted, provided that there is a parapet of at least 2 1/2 feet all around the building or gable.
(4)
The minimum lot area shall be 4,000 square feet, except for attached row stores for retail trade, which must have a minimum lot area of 2,000 square feet.
(5)
The minimum width of the lot for each building, together with the accessory buildings appurtenant thereto, shall be 40 feet, except for attached row stores for retail trade which must have a minimum width of 20 feet.
(6)
The minimum front yard setback shall be 20 feet.
(7)
A corner lot shall have a front yard along its principal frontage. A corner lot shall also have a front yard along its side street frontage of a minimum of 10 feet.
(8)
The minimum rear yard setback shall be 10 feet.
(9)
No side yard setback shall be required unless it abuts the residential district or residential use, in which event a minimum side yard setback of 10 feet is required.
(10)
The maximum allowable lot coverage shall be 70%.
D.
Design guidelines. It is the objective of these guidelines to establish a general design framework for creating the desired architectural character and scale of buildings in the Enterprise District; to help assure that such areas will be visually attractive and will blend landscaping and structures in a manner which relates harmoniously to the existing and/or planned character of the area; and to create visual interest and variety in the treatment of architectural surfaces.
(1)
Overall site design shall be appropriately related to other existing, proposed, planned and/or future surrounding development and the purposes of this chapter.
(2)
Building and site design shall be planned to enhance the pedestrian experience.
(3)
Buildings shall be harmonious and compatible with other existing, proposed, planned and/or future neighboring structures in terms of the following exterior design elements:
(a)
The nature and use of surface materials.
(b)
The spacing and proportion of window and door openings, bays or other aspects of building fenestration.
(c)
Colors, textures and the general nature of exterior materials and treatment, including building ornament and trim.
(d)
Treatment, screening and/or enclosure of all utility and mechanical installations.
(4)
Building facades shall present a varied appearance at street level and be designed to give individual identity to each building and/or use, as well as to help achieve the planned pedestrian scale.
(5)
Treatment of the sides and rear of proposed buildings shall be in a manner substantially consistent in appearance, amenity and quality of materials to the treatment given to their street frontage.
(6)
A coordinated landscape, buffering and screening plan shall be prepared, incorporating the landscape treatment of open spaces, internal walkways and parking areas into a cohesive and integrated design, including the use of fences for screening purposes, as deemed appropriate by the approval authority.
(7)
The coordinated landscape, buffering and screening plan shall include a mix of shade trees and other plant material, such as ground cover and shrubs, with proper regard to factors such as function of area and required maintenance in determining the species, scale and planting pattern.
(8)
Walkways and other surface areas of paving material internal to projects shall offer a variety of colors and textures which are in harmony with other nearby existing, proposed, planned and/or future buildings and other paved surfaces and shall be safe for pedestrian traffic, including the handicapped.
(9)
Walkways internal to projects shall be planted with regularly spaced, salt-tolerant shade trees, selected with regard to the scale of the area in which they are located as well as the height and spacing of streetlighting.
(10)
All landscaping as shown on the approved site plan shall be maintained in a healthy growing condition throughout the duration of the use or uses being served. Any plants not so maintained shall be replaced by the property owner with healthy new plants of comparable size, type and quality at the beginning of the next immediately following growing season.
(11)
All signage shall be carefully integrated with other site design elements. Signage shall be designed so that it is visible and informative at the pedestrian scale. Signs shall not be mounted above the eaves line of any structure or be placed in or attached to any window.
(12)
Freestanding project identification signs shall be permitted at certain access drives connecting to the external public road system. Necessary small-scale informational and directional signs shall also be permitted, as required.
(13)
All exterior lighting shall be of adequate illumination for safety and security purposes. It shall be of such type and location and shall have such shading as will prevent the source of light from being visible from any adjoining streets and properties and shall prevent glare from spilling onto other properties or streets. Lighting shall be limited in its hours of operation, as determined appropriate by the approving authority, and shall be coordinated with building design and landscape plans. The height of lighting fixtures shall be limited so as to be consistent with the planned pedestrian scale of development.
(14)
All utility, storage, service and parking areas on the site shall be screened by means of landscaping and/or fencing to the extent deemed necessary and practical by the approval authority, in order to minimize the impact of these areas.
[1]
Editor's Note: This local law also repealed former § 155-24, Industrial, Light (I-3) District, as amended.
§ 155-25 Governmental, Not-For-Profit (G-1) District.
Educational, spiritual, recreational, cultural and other uses (landside) permitted by this chapter shall conform to the following:
A.
The occupant and owner shall be a member association incorporated as a not-for-profit corporation, filed with the State of New York, or a governmental corporation.
B.
Such uses shall have as their prime purpose service to the members.
C.
No building or part thereof shall be erected within a distance of 30 feet from any property or street line.
D.
Accessory uses permitted in R-1 Districts with a special use permit shall be on the same lot as the principal building and located in the rear yard, plus waterside uses limited to floating museums and floating displays.
E.
No building shall have a height exceeding 26 feet or two stories, as measured from the established street grade.
F.
The maximum lot coverage shall be 70%.
G.
Telecommunications facilities for the benefit of the general public shall be a permitted use.
[Added 12-20-2006 by L.L. No. 7-2006]
§ 155-26 Governmental Uses (G-2) District.
G-2 governmental uses shall conform to the following:
A.
Landside uses:
(1)
The owner shall be a governmental corporation.
(2)
Such use shall have as its prime purpose a benefit or service to the public, such as parks, wetlands, recreation facilities and marinas.
(3)
No buildings or facilities shall be higher than 26 feet or two stories, as measured from the established street grade, nor erected nearer to any property or street line than a distance of 30 feet.
(4)
Accessory buildings shall be on the same lot and to the rear of any principal building.
(5)
The maximum lot coverage shall be 70%.
§ 155-26.1 Marine Preservation (MP) District.
[Added 2-24-1999 by L.L. No. 3-1999]
A.
Legislative purpose. The purpose of the Marine Preservation District is to conserve natural resources and open space in order to provide opportunities for public enjoyment of and education about natural resources.
B.
Permitted upland uses.
[Amended 6-26-2002 by L.L. No. 4-2002]
(1)
The following uses are permitted in the lands that are above the mean high tide mark in the MP District, provided that natural resources protection is assured:
(a)
Conservation and restoration of natural resources, particularly those related to wetlands, water quality, living resources and public trust lands;
(b)
Stormwater and drainage facilities, including retention/detention basins and vegetated buffer areas;
(c)
Passive recreation and public access and facilities such as footpaths, boardwalks, park benches, nature trails, blinds and scenic overlooks; and
(d)
Facilities associated with public environmental education.
C.
Accessory uses. Parking is permitted as an accessory use, provided that the scale and location of parking is consistent with:
D.
Permitted underwater uses. The following uses are permitted in the lands that are underwater in the MP District, provided that natural resources protection is assured:
[Added 6-26-2002 by L.L. No. 4-2002]
E.
Underwater marine recreational uses shall conform to the following:
[Added 6-26-2002 by L.L. No. 4-2002]