Port Washington North
City Zoning Code
City Zoning Code
ARTICLE VIII
Business District
§ 176-69 Applicability.
The provisions of this article shall apply to the Business District, as hereinafter set forth.
§ 176-70 Permitted uses.
Permitted uses. A building may be erected, altered or used and a lot or premises may be used for any of the purposes set forth in this section and for no other.
A.
Governmental and municipal purposes.
B.
Banks and financial institutions.
C.
Offices, including professional offices and professional buildings provided that no part of such office or offices shall be used for the storage, packaging, processing or selling of products sold at wholesale.
D.
Stores and shops for conducting any of the following retail and service businesses: food establishments, beverage service establishments, barbershop, beauty parlor, shoe repair, hardware, drug, tobacco, newspaper and magazines, custom tailoring, dressmaking and millinery, clothing, dry goods, furniture, home appliances, decorator goods, paints, stationery, book, fur, toys, florist, floor covering and rugs, health club, spa, gymnasium, nail salon, hobby and crafts, sports and sporting goods, and audio and video sales and rentals.
[Amended 6-14-2004 by L.L. No. 5-2004; 9-13-2004 by L.L. No. 8-2004; 12-14-2005 by L.L. No. 14-2005; 2-8-2022 by L.L. No. 2-2022]
(1)
Drive-through facilities for beverage service establishments only shall be permitted in the Business District under this article and shall conform to the following requirements.
(a)
A minimum of 10 vehicle standing spaces shall be provided, inclusive of the vehicle being served.
(b)
Each vehicle standing space shall be clearly defined on the site plan and shall be in a location that does not conflict or interfere with other traffic entering, using or leaving the site or area.
(c)
Vehicles located in a vehicle standing space shall not be permitted to back out into the street or within adjacent parking areas on site.
(d)
A vehicle standing space shall be not less than 20 feet in length and no less than nine feet wide. Standing spaces shall be measured from the front of the service position to the rear of the vehicle standing space.
(e)
All traffic either entering or exiting the drive through shall be directed to the parking lot and shall not directly enter or exit to a public road.
(2)
Screening requirements for drive-through facilities. Landscaping shall be used to screen and to minimize the visual impact of reader board signs, directional signs and/or other similar type signs utilized at the drive-through facility from the public right-of-way and/or an adjacent residential use or adjacent residentially zoned property. The site plan or development plan shall indicate the type and number of trees and/or shrubs intended to be planted and the location thereof. The perimeter landscaped area shall be designed so as not to obstruct drivers' site lines from the subject property.
(3)
Lighting. A drive-through facility shall be constructed and positioned so as to ensure that the headlights of vehicles awaiting service and exiting from the facility and lighting from other sources on the site are screened from the public rights-of-way and are not visible from any adjacent residential use or residentially zoned property.
(4)
Noise. Any noise associated with a drive-through facility, including but not limited to a device used to order from, which is outside of the drive-through building or structure, shall not exceed the maximum sound levels provided for in the Village Code and shall not be audible to any residential property or from the public street or sidewalk. No audio equipment shall be located on the side of the principal structure that is adjacent to a residential or residentially zoned property.
(5)
Pedestrian conflicts. Pedestrian walkways and/or paths shall be designated so as to minimize conflicts with vehicle standing spaces, drive-through lanes, or drive-through aisles.
(6)
Signage. All menu signs, menu boards, or readerboard signs shall be designed so as not to be a nuisance or to interfere with the use of vehicles on adjacent streets or public rights-of-way. All drive-through areas or drive-through aisles shall be indicated with a drive-through entry sign.
E.
Pet store, for the sale of pet food, pet toys, pet supplies and the following enumerated pets only: puppies, kittens, tropical fish, birds, hamsters, gerbils, guinea pigs, rabbits, ferrets, newts, chameleons, turtles, hermit crabs and lizards; subject to Nassau County, New York State and federal restrictions; and pet grooming. No other pets shall be sold without the express authorization of the Board of Trustees.
[Added 6-27-1990 by L.L. No. 5-1990]
F.
Sale at retail or repair of jewelry, watches, clocks or optical goods, musical, professional, or scientific instruments, radio, television, record players and recorders. The foregoing permitted uses are intended to be limited to shops and stores for the sale at retail of consumer merchandise and service where the transaction with the consumer and the operation of the business is conducted entirely within a building. The following types of uses are therefore prohibited:
(1)
Drive-through establishments; except for beverage service establishments with a floor area of no more than 2,000 square feet, located in an existing multitenant shopping center with a minimum lot area per 10 acres. In no event shall there be more than one drive-through beverage service establishment per lot, nor any drive-through beverage service establishment within 2,500 feet of any other drive-through beverage service establishment in the Village. Shopping centers that have drive-throughs shall be owned by a single owner at the effective date of this subsection and for purposes of this section, an owner shall include a long-term lessee.
[Amended 2-8-2022 by L.L. No. 2-2022]
(4)
Vending machines and other similar coin-operated devices which automatically deliver goods or render services are intended to be included in the foregoing prohibition.
[Amended 12-14-2005 by L.L. No. 14-2005]
G.
When authorized by the Board of Trustees, as an accessory use to a shopping center that provides not less than a total of 100 parking spaces, to provide off-street parking, for another business which is located within the Village.
[Added 7-25-2005 by L.L. No. 4-2005[3]]
(1)
In any such application, the Board of Trustees may, at its option, request the applicant to either provide a traffic study or to reimburse the Village to have a traffic study performed.
(2)
In any such application, the Board of Trustees shall consider the following:
(a)
Whether the number and location of the proposed off-street parking spaces to be leased are of such quantity and for such times and days of the week:
[1]
As to be appropriate to and in harmony with the surrounding properties.
[2]
As not to result in vehicular traffic which would be more hazardous than the normal traffic of the district without the accessory use, taking into account such factors as street intersections, traffic flow, traffic queuing on public streets, sight distances, and pedestrian traffic.
[3]
As not to conflict or be incongruous to the immediate neighborhood by reason of excessive traffic, assembly of persons or vehicles, proximity to travel routes or congregations of children or pedestrians.
[4]
As not to be objectionable to nearby residential dwellings by reason of noise, lights, or other factors of impact.
(b)
Whether the proposed leasing of the parking spaces will provide a desirable benefit to the Village or otherwise contribute to the proper stability of the business base of the Village.
(3)
In granting any such approval, the Board of Trustees may provide:
(b)
That such use shall not limit the development rights of such shopping center so that, for the purposes of parking calculations when considering the expansion of the floor area utilized for businesses within the shopping center, or the uses to which such floor area is to be utilized, neither the number of parking spaces that are leased, nor the business uses for which such parking spaces are leased, shall affect the development rights of the owner of the shopping center, and all such parking calculations shall be made as though such lease was not in effect.
[3]
Editor’s Note: This local law also redesignated former Subsection G as Subsection H.
H.
All other uses which, in the opinion of the Board of Trustees after public hearing, are of the same general character as those specifically permitted herein in accordance with the following procedure:
(1)
An application under this subsection shall be filed with the Clerk of the Board of Trustees. Such application must be in writing and submitted in triplicate verified by the applicant or applicants which shall contain the following:
(a)
Identity of the fee title owner of the property and the contract vendee or lessee of the property, if any.
(b)
Fee title owner and contract vendee and/or lessee of property, if any, must join in the application.
(c)
Accurate metes and bounds description of the property, section, block and lot number from the Nassau County tax maps. Short form description for public advertising purposes.
(d)
Present zoning of property.
(e)
Unequivocal statement of the use requested to be made of the property if application is granted.
(f)
General statement of character and zoning of surrounding neighborhood.
(g)
General statement of reasons or facts justifying the relief sought.
(2)
Each such application shall be accompanied by the following:
(a)
A site plan and general building plans showing the design, location, and use of the building, structures and open spaces as proposed by the application.
(b)
Six copies of a survey by a licensed engineer or surveyor are required bearing a date not more than 60 days prior to the date of application, and the scale must be not less than one inch equals 100 feet and not larger than one inch equals 50 feet.
(c)
A "key map," either incorporated in the survey or separately, showing the location and zoning of all surrounding properties within 200 feet of the perimeter of the subject property.
(3)
Where an application has been denied, no new application for the same relief, as to the same parcel of property, may be submitted for a period of one year after the date the resolution denying the original application is filed in the Village Clerk's office.
(4)
The Board of Trustees, in considering such application and after public hearing, may issue permits for such uses for a limited period of time or otherwise, subject to such conditions and safeguards as shall be deemed appropriate, when, in its opinion, it shall find that such proposed use and improvement will conform to the general character of the neighborhood in which the property to be used is located and that the public health, morals, safety and general welfare of such neighborhood will be secured and will be in accordance with the comprehensive plan and the provisions as set forth in this chapter to lessen congestion in the streets, to secure safety from fire, panic or other danger, to prevent overcrowding of land, to avoid undue concentration of population, to safeguard the adequate provision of water, sewage disposal, parks and other public requirements and to protect and secure the nature and character of the existing neighborhood and the values of the property therein.
(5)
No modification, variance or change in the general location, layout and character, of the project, which shall include the architectural designs and arrangements of all buildings as shown on the plan, as approved, will be permitted.
§ 176-71 Conditional uses.
[Amended 6-14-2004 by L.L. No. 5-2004; 9-13-2004 by L.L. No. 8-2004; 12-14-2005 by L.L. No. 14-2005]
In addition to the permitted uses set forth in § 176-70, a building may be erected, altered, or used and a lot or premises may be used for any of the purposes set forth in this section, when authorized by:
A.
The Board of Appeals, utilizing the general standards for consideration and determination established in § 176-149: theater; bowling alley; church or other building for religious purposes; school; telephone exchange; funeral home.
[Amended 2-8-2022 by L.L. No. 2-2022]
B.
The Board of Trustees, utilizing the general standards for consideration and determination established for the Board of Appeals in § 176-149: shops or stores which make available any facility for, or which permit the consumption of, food or beverage on the premises outside a building; open-front shops or stores; and the outdoor display or storage of merchandise.
§ 176-72 Height.
[Amended 11-9-1998 by L.L. No. 5-1998]
No building shall exceed 2 1/2 stories or 31 feet in height.
§ 176-73 Building area.
The building area shall not exceed 70% of the lot area.
§ 176-74 Front yard.
There shall be a front yard the depth of which shall not be less than 10 feet.
§ 176-75 Side yard.
No side yard shall be required; but if any is provided, then its least dimension shall not be less than five feet.
§ 176-76 Rear yard.
There shall be a rear yard the depth of which shall not be less than 20 feet.
§ 176-77 Parking.
There shall be provided on each lot or premises on which an authorized use is instituted or maintained an accessory parking facility for motor vehicles meeting the minimum standards hereinafter set forth.
A.
Places of public assembly. One parking space for each four persons who can legally be accommodated, plus one parking space for each employee.
[Amended 6-13-1988 by L.L. No. 2-1988]
B.
Offices, retail stores and all other businesses. One parking space for each 300 square feet of floor area.
[Amended 6-13-1988 by L.L. No. 2-1988]
C.
A lot or premises or a portion thereof may be used for the storage of motor vehicles when said storage is accessory to a permitted use conducted on the same or adjoining premises provided:
(1)
Said vehicles do not exceed 2 1/2 tons gross vehicle weight and are not designed or used for the transportation of gasoline, benzine, naphtha, petroleum, shale, oil, coal tar or other volatile or inflammable product.
(2)
Said vehicles are stored in a fully enclosed building.
(3)
That the area of any building used for said storage shall not exceed 600 square feet or 25% of the building area of the building devoted to the principal use, whichever is less.
D.
All accessory parking facilities above provided when abutting a residential district shall be screened by a seven-foot-high stockade-type fence along the property lines; in addition thereto, a ten-foot strip of land on said business property and along said fence shall be planted with evergreen shrubs and trees of sufficient height and density to act as additional screening between the residences and/or residential district and the area used for the parking of vehicles. Said fencing shall conform to the requirements set forth under Article XII, § 176-140 of this chapter.
[Amended 10-7-1974 by L.L. No. 1-1974]
E.
All accessory parking areas shall be paved and maintained in accordance with the Village of Port Washington North's specifications.
F.
All lighting of parking areas shall be directed away from adjoining residences and shall not exceed a height of eight feet above the grade of the paved portion thereof. The location, candle power and type of fixtures to be installed shall be first approved by the Building Inspector.
G.
In calculating the number of parking spaces required for a premises in excess of 10 acres, where there are mixed business uses, the calculation for the total number of parking spaces required on the site shall be based upon the estimated demand for parking factors set forth in the following schedule:
[Added 5-11-1989 by L.L. No. 2-1989]
Use | Weekday Day | Weekday Evening | Weekend Day | Weekend Evening |
|---|---|---|---|---|
Restaurants | 90% | 50% | 90% | 50% |
Motion Picture Theater(s) | 20% | 80% | 50% | 80% |
Retail Sales | 90% | 50% | 90% | 50% |
Office | 95% | 25% | 25% | 10% |
H.
Calculations for parking requirements shall be submitted to the Building Inspector to assure compliance with the above schedule and no portion of the premises may be changed to a use different from that previously presented and approved by the Building Inspector without a new presentation and approval.
§ 176-78 Lighting.
All lighting of business premises shall be directed away from adjoining residences and unless controlled by § 176-77 of this article, shall not exceed a height of 15 feet above the grade of the premises. The location, candle power and type of fixture to be installed, shall be first approved by the Building Inspector.
§ 176-79 Screening and buffering.
[Amended 10-7-1974 by L.L. No. 1-1974]
Where a Business District adjoins any residence district, and the business property is not controlled by the provisions of § 176-77 of this article, there shall be provided a six-foot-high stockade-type fence along the common property line; in addition thereto, a six-foot strip of land on said business property and along said fence, shall be planted with evergreen shrubs and trees of sufficient height and density to act as additional screening between the business property and the residence district. Said fencing shall conform to the requirements set forth under Article XII, § 176-140 of this chapter.
§ 176-80 Maintenance of screening.
Any screening required by this article shall be maintained by the owner of the property. This shall include but not be limited to the replacement of trees and shrubs of whatsoever type which may die and/or otherwise be destroyed; and/or fences which may become in disrepair. The owner shall, within 10 days after written notice from the Building Inspector, replace any shrubbery and/or trees and/or repair any fence required by this article.