New Hempstead City Zoning Code
ARTICLE IV
Use and Dimensional Requirements
§ 290-36 Schedule of Use Regulations.
A.
The accompanying Schedule of Use Regulations,[1] which lists and defines the use of land and buildings and all other matters contained therein, is hereby adopted and declared to be a part of this chapter. The regulations listed for each district as designated are subject to all other provisions of this chapter.
[1]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
B.
It is intended that the uses set forth for each district shall not be permitted uses in any other district unless allowed specifically or by reference as permitted uses in said district. Only those uses listed for each district as being permitted shall be permitted. Any use not specifically listed as being permitted shall be deemed to be prohibited. More than one permitted principal use is permitted on a lot in a nonresidential district.
§ 290-36.1 NCD use regulations.
[Added 7-24-2017 by L.L. No. 4-2017; amended 11-28-2017 by L.L. No. 7-2017]
The Board of Trustees may, in its discretion, designate a parcel or parcels of land as being within the NCD in accordance with the following provisions and in accordance with the bulk, parking and other requirements of this chapter that apply to an NCD:
A.
Only those uses listed as being permitted or permitted by special permit shall be allowed. Any use not specifically listed as being permitted shall be deemed to be prohibited. However, nothing herein shall be deemed to prohibit an applicant from petitioning the Board of Trustees to allow a use that is not listed but is compatible with the requirements of an NCD, or to prohibit the Board of Trustees from adding such uses either as the result of a petition or on its own motion. More than one permitted principal use is permitted on lots in an NCD.
B.
The following are permitted accessory uses in the proposed NCD:[1]
(1)
Medical clinics providing services such as examination and treatment for minor illnesses, conditions, and injuries; vaccinations; screenings; and wellness visits; provided, however, that no such use shall constitute more than 25% of the floor area of the building in which it is located.
(2)
Accessory drive-throughs.
(3)
Accessory off-street parking, including parking in front yards.
(4)
Accessory off-street loading berths.
(5)
Accessory storage of retail goods to be delivered or sold to customers on the premises, provided that such storage will be within the building in which the associated principal use is located (separate sheds or similar structures are prohibited).
(6)
Accessory processing and servicing of goods within the principal structure, provided that such processing and servicing is clearly incidental to permitted principal use on the site.
(7)
For any structure for sale or rent, temporary nonilluminated "for sale" or "for rent" signs.
C.
Additional use requirements.
(1)
No individual building may exceed 20,000 square feet.
(2)
All retail sales and service establishments and accessory storage and servicing of goods shall be within completely enclosed buildings.
(3)
The precise location of any recycling and solid waste area shall be approved by the Planning Board upon review of the site plan. Areas shall only be used for the temporary storage, collection and loading of solid waste and recyclables.
(4)
All buildings in an NCD shall be designed so as to be compatible with the surrounding neighborhood, and the general character of the development shall continue and promote the established character of the community.
(5)
All parcels to which the NCD are to be applied must have frontage and direct access on a state highway (although actual site access may be taken from a major or collector road of the Village). For purposes of this subsection, a parcel may include no more than two contiguous tax lots (i) which lots, as of the effective date, must not contain any existing residential structures; and (ii) which lots must have the frontage herein required; provided that such multiple contiguous tax lots shall be merged into a single tax lot as a condition of the application of the NCD.
(6)
All parcels to be developed pursuant to this section shall provide sidewalks in locations to be determined by the Planning Board as part of site development plan approval.
(7)
Within any required yard setback, the Planning Board may require landscaping, berms, and/or decorative fencing to buffer the impact of any commercial development against existing residences.
(8)
Where more than one building is proposed, buildings shall be separated by at least 20 feet, and no less than the distance required by the New York State Fire Code for the building type, use and construction.
(9)
All parcels to which the NCD are to be applied must be required to improve the entire property, including the installation or replacement of concrete sidewalks, concrete curbs, full paving of the roads, installation of new drainage, and gratuitous land dedications, if necessary to accommodate future road widenings, if deemed necessary by the Board and/or the Village Engineer.
(10)
Each application for a designation for an NCD must include a count of stores/offices and associated placement(s) and square footage(s) ("store count"), the designation of the NCD being conditioned upon such store count. Any change of store count will require the applicant/owner to seek/file an application for a new designation with the Board of Trustees.
D.
The operations of an NCD shall be subject to restrictions on hours of operation as pursuant to any subsequent local law(s) passed by the Board of Trustees.
§ 290-37 Table of Dimensional Requirements.
The accompanying Table of Dimensional Requirements,[1] which lists the height of buildings, the size and dimension of yards, the area and coverage of lots and other matters contained therein, is hereby adopted and declared to be a part of this chapter. The dimensional requirements listed for each district as designated are subject to all other provisions of this chapter and, unless otherwise indicated, shall be deemed to be the minimum requirement in every instance of their application.
[1]
Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.