Sea Cliff City Zoning Code
ARTICLE IX
Business B District
§ 138-901 Permitted uses.
No structure in the Business B District shall be erected or used, and no lot or premises shall be used except for one or more of the following purposes:
A.
Any use permitted in the Business A District.
B.
Automobile and marine showroom.
C.
Funeral home.
D.
Animal hospital.
E.
Accessory uses of such property on the same lot with and customarily incidental to any of the permitted uses of the property described above, provided that such accessory use shall be used only in such manner as permitted in the Business B District.
§ 138-902 Uses permitted by special permit.
The following uses are permitted by special permit in the Business B District:
A.
Any uses permitted in the Business A District by special permit, subject to the standards and restrictions set forth therein.
B.
Wholesale trade establishment.
D.
Outdoor storage establishment dealing in products, including but not limited to the following: lumber, coal, monuments, building supplies, construction equipment and boat and motor vehicle parts; provided, however, that if such special permit is issued, the following restrictions shall apply:
(1)
Excessive or annoying levels of noise within the control of the owner or occupant of the premises shall be prohibited.
(2)
Any area used for the storage of products shall be enclosed, or the entire perimeter thereof shall contain a five-foot-wide buffer area within which there shall be either trees or fencing or a combination thereof.
(3)
In the case of outdoor storage establishments erected or created after the date of enactment of this chapter, the entire perimeter of the lot upon which such outdoor storage establishment is located shall contain a five-foot-wide buffer area within which there shall be either trees or fencing or a combination of same, as determined by the Planning Board pursuant to its site plan review powers,[2] in order to obscure such storage area from the view of adjoining property. Such buffer area shall be maintained in the same manner as buffer areas within the Business B District generally.[3] Where other provisions of this chapter require buffer areas in excess of five feet in width, such other provisions, if applicable, shall take precedence over the foregoing. In cases where a buffer area adjoins the street line of any premises, vehicular driveways for ingress and egress shall be permitted, provided that the total width of such driveways shall not be greater than 30% of the street line. The location of such driveways shall be determined by the Planning Board during site plan review of the premises.
(4)
Outdoor storage establishments in existence on the date of adoption of this chapter shall conform to the foregoing regulations [with the exception of Subsection D(3), which applies only to outdoor storage establishments erected or created after the date of enactment of this chapter][4] not later than one, year after such date of enactment. In the event of difficulty or inability to comply with such regulations, the owner or operator of an existing outdoor storage establishment may apply to the Zoning Board of Appeals for relief, which Board shall hear the matter in the same manner as an application for a special permit.[5] Following such hearing, the Zoning Board of Appeals may grant or deny the relief requested or grant such relief subject to conditions.
(5)
No portion of any lot upon which an outdoor storage establishment is located, which is required to be used as parking spaces for the off-street parking of automobiles or for regular loading spaces, loading berths or vehicular driveways, shall be used for any other purpose, such as the storage of products.
E.
Outdoor sales establishment, including but not limited to nurseries, lawn and garden shops and flea markets; provided, however, that if such special permit is issued, the following restrictions shall apply:
(1)
Excessive or annoying levels of noise within the control of the owner or occupant of the premises shall be prohibited.
(2)
Any area used for outdoor sales shall be enclosed, or the entire perimeter thereof shall contain a five-foot-wide buffer area within which there shall be either trees or fencing or a combination thereof.
(3)
In the case of outdoor sales establishments erected or created after the date of enactment of this chapter, the entire perimeter of the lot upon which such outdoor sales establishment is located shall contain a five-foot-wide buffer area within which there shall be either trees or fencing or a combination of same, as determined by the Planning Board pursuant to its site plan review powers,[6] in order to obscure such storage area from the view of adjoining property. Such buffer area shall be maintained in the same manner as buffer areas within the Business B District generally.[7] Where other provisions of this chapter require buffer areas in excess of five feet in width, such other provisions, if applicable, shall take precedence over the foregoing. In cases where a buffer area adjoins the street line of any premises, vehicular driveways for ingress and egress shall be permitted, provided that the total width of such driveways shall not be greater than 30% of the street line. The location of such driveways shall be determined by the Planning Board during site plan review of the premises.
(4)
Outdoor sales establishments in existence on the date of adoption of this chapter shall conform to the foregoing regulations [with the exception of Subsection E(3), which applies only to outdoor sales establishments erected or created after the date of enactment of this chapter][8] not later than one year after such date of enactment. In the event of difficulty or inability to comply with such regulations, the owner or operator of an existing outdoor sales establishment may apply to the Zoning Board of Appeals for relief, which Board shall hear the matter in the same manner as an application for a special permit.[9] Following such hearing, the Zoning Board of Appeals may grant or deny the relief requested or grant such relief subject to conditions.
(5)
No portion of any lot upon which an outdoor sales establishment is located, which is required to be used as parking spaces for the off-street parking of automobiles or for regular loading spaces, loading berths or vehicular driveways, shall be used for any other purpose, such as the display or storage of merchandise.
F.
Accessory uses of such property on the same lot with and customarily incidental to any of the uses permitted by special permit, provided that such accessory use shall be used only in a manner as permitted in the Business B District.
§ 138-903 Procedure for special permit.
§ 138-904 Prohibited uses.
No structure shall be erected or used and no lot or premises shall be used for any trade, industry or business that is noxious or offensive by reason of odor, dust, smoke, gas, pollutants, vibrations or noise, which are hereby classified as nuisances. Where recognized standards for acceptable levels of emissions of the foregoing nuisances have been established by an agency of the County of Nassau, such standards shall be considered the minimum acceptable under this section.
§ 138-905 Minimum lot size requirements.
[Amended 4-8-2024 by L.L. No. 2-2024]
No lot shall be less than 15,000 square feet and no more than one principal building shall be erected on a lot.
§ 138-906 Maximum lot coverage.
[Amended 2-13-2023 by L.L. No. 1-2023]
Lot coverage shall not exceed 40% of the lot area.
§ 138-907 Minimum front property line requirements.
No building shall be erected on any lot having a front property line of less than 100 feet.
§ 138-908 Minimum setback requirements.
Every part of a principal building shall be set back from the front property line of the lot upon which it is situated a distance equal to or greater than a distance which is the average setback distance of all existing principal buildings located between the streets intersecting the street line of the lot and bounding the block in which the lot is located. The foregoing notwithstanding, the maximum setback required by this section shall be 15 feet.
§ 138-909 Front yard restrictions.
No required front yard in the Business B District shall be used for business or commercial purposes, except that such front yard, not including any required buffer area, may be used for parking spaces required by Article X of this chapter.
§ 138-910 Minimum lot width at setback line requirements.
No building shall be erected on any lot having a width at the setback line which is less than the minimum front property line required by § 138-907 of this chapter.
§ 138-911 (Reserved) [1]
[1]
Editor's Note: Former § 138-911, Fire limits designation, was repealed 6-14-2010 by L.L. No. 5-2010.
§ 138-912 Minimum side yard requirements.
[Amended 6-14-2010 by L.L. No. 5-2010]
No building shall be erected on any lot containing a side yard less than 10 feet in width, unless such building is erected directly on the side property line with no side yard provided.
§ 138-913 Minimum rear yard requirements.
No principal building shall be erected on any lot containing a rear yard less than 20 feet in depth.
§ 138-914 Height restrictions.
No building shall be erected so that any part thereof shall be more than 35 feet or three stories above ground level, whichever is less; provided, however, that spires, belfries, cupolas and domes of churches, synagogues or other places primarily devoted to public religious worship shall be excluded from the foregoing height limitations as long as no part thereof shall be used for human habitation.
§ 138-915 Additional restrictions on premises used for dwelling purposes.
Any premises used for one-family dwelling purposes in the Business B District shall be subject to the same requirements as specified for one-family dwellings in the Residence B District.
§ 138-916 Accessory buildings.
In addition to the requirements heretofore imposed, the following additional restrictions are placed on the erection of accessory buildings:
A.
No accessory building shall be erected in any front yard. A porch constructed or existing in the front yard and connected to the front wall of the principal building shall be excluded from this Subsection A unless such porch is heated or air conditioned by mechanical means.
[Amended 3-9-2009 by L.L. No. 3-2009]
B.
An accessory building erected in a side yard shall be located at least 10 feet from the side property line of the lot.
D.
The maximum gross floor area of an accessory building shall be 500 square feet.
E.
An accessory building shall not exceed a height of 15 feet.
F.
Only one accessory building having a gross floor area in excess of 120 square feet and a height of eight feet shall be permitted on a lot. Construction or replacement of three or more accessory buildings on a lot shall be permitted only upon application to and issuance of a variance by the Zoning Board of Appeals. For purposes of this Subsection F, air conditioner condenser units shall not be deemed accessory buildings.
[Added 6-21-1982 by L.L. No. 2-1982, effective 6-24-1982; amended 3-9-2009 by L.L. No. 3-2009]
§ 138-917 Buffer area.
A.
To protect adjacent property, any Business B District premises which directly abuts property, in a residence district shall have a minimum buffer area 20 feet wide adjacent to the property in the residence district. Within this buffer area there shall be either trees or fencing or a combination thereof, as determined by the Planning Board pursuant to its site plan review powers,[1] in order to obscure the Business B District premises from the view of the adjoining property in the residence district.
B.
Where a Business B District premises does not abut directly upon property in an adjacent residence district but is separated therefrom by a street, the minimum buffer area described above shall be five feet wide along the adjacent street line. In such cases where a buffer area adjoins the street line of any premises, vehicular driveways for ingress and egress shall be permitted, provided that the total width of such driveways shall not be greater than 30% of the street line. The location of such driveways shall be determined by the Planning Board during site plan review of the premises.
C.
The aforesaid buffer area and all trees and shrubs required to be planted and fences required to be erected therein shall be maintained regularly by the owner or owners of the properties in the Business B District. Such maintenance shall include but shall not be limited to the replacement of trees and shrubs which shall die or otherwise become infected, infested, destroyed or decayed; the replacement of fences which shall fall into disrepair; and the general maintenance of the buffer area in a clean, healthful, sanitary and aesthetic condition.
D.
The owner or owners of record of the property involved shall replace trees or shrubs and/or repair or replace a fence or fences as provided in the preceding subsection within 15 days after the mailing (by certified mail, return receipt requested) of a notice directing same by or on behalf of the Board of Trustees to said owner or owners at the address of record set forth on the current tax assessment rolls of the Village of Sea Cliff. In the event that such notice shall not be duly and timely complied with, the work in question shall be performed on behalf of the Board of Trustees, and the entire cost thereof, including any attorneys' fees incurred, shall be assessed by the Board of Trustees upon the real property in question. The expenses and fees so assessed shall constitute a lien and charge upon such real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other charges, taxes and assessments of the Village of Sea Cliff.
E.
No buffer area shall be maintained in such a manner as to cause danger to traffic upon any street or public place in the Village by obscuring a clear view. In the event that; the Building Inspector determines that strict compliance with the provisions of this subsection will cause such danger, he shall refer the matter to the Planning Board for a determination as, to the type of screening to be contained in such buffer area.
F.
The requirements of this section shall not apply to premises in the Business B district which are used exclusively for one-family dwelling purposes.
G.
Premises which are improved on the date of enactment of this chapter shall conform with the foregoing requirements of this section not later than one year after such date of enactment. In the event of difficulty or inability to comply with such regulations, the owner or owners of the affected properties may apply to the Zoning Board of Appeals for relief, which Board shall hear the matter in the same manner as an application for a special permit.[2] Following such hearing, the Zoning Board of Appeals may grant or deny the relief requested or grant such relief subject to conditions.
§ 138-918 Parking requirements.
Parking requirements are contained in Article X.