Single-family dwellings.

Private docks/boat slips.

Private garage.

Accessory building.

Single-family dwellings.

Two-family dwellings.

Private docks/boat slips.

Private garage.

Accessory building.

The applicant shall submit plans which shall clearly establish the size and location of the lot; the size and location of each parking area on the lot; the size, location and type of construction of the fences; the size and location of the vehicular accessways; the size and location of the sign or signs; the size, location and type of lighting to be used; and the type of construction of the surface of the lot.

In the event that a parking lot shall be located in such a fashion as to be contiguous to two residential lots fronting on the same street, the vehicular accessway or accessways for ingress and egress shall be located equally distant from each residential property, to the extent that the same is practical. No vehicular accessway shall exceed a width of 15 feet.

An opaque fence of a height of four feet shall be erected upon the rear and the two sides of the parking lot. Between the parking area and any sidewalk fronting on a street, a nonopaque fence four feet in height, of construction materials similar to the fence on the other three sides, shall be erected.

On the outside of the fence fronting on a street, except for sidewalks and driveways, crushed stone, washed stone, grass or concrete cement shall be the ground cover. Between the fence and sidewalk, aesthetic and decorative plantings shall be installed.

No building or structure shall be permitted on the parking lot, with the exception of signs, fences and lights pursuant to the regulations herein set forth.

The use of lights for illumination purposes shall be erected upon standards which shall not be greater than 12 feet in height. Such lights shall be operated by an automatic electric timing device which shall cause the lights on the parking lot to be extinguished 1/2 hour after the parking lot is closed. Such lights shall also be shaded and angled downward in such a manner as to confine the direct light entirely within the parking lot.

Each parking lot shall have a sign, not in excess of five square feet, mounted in its entirety upon the fence at each vehicular accessway to the lot. The sign shall warn that loud noises are prohibited and what the hours of operation of the lot are, together with any other limitations set forth by the owner.

The parking lot shall be constructed of bituminous asphalt. Each parking space on the lot shall be striped, and the lot shall be kept clean and free of potholes and other dangerous or unsightly objects. The owner of the property shall be responsible for the proper operation and maintenance of the parking lot.

Single-family dwellings.

Two-family dwellings.

Private docks/boat slips.

Private garage.

Accessory building.

Minimum lot area: 1,400 square feet.

Minimum lot frontage: none.

Maximum building height: 15 feet above base flood elevation.

Maximum number of stories: one.

Residential uses [subject to § 560-18D(1)]:

Commercial uses:

(Reserved)[2]

Private garages, accessory buildings and private docks/boat slips, provided that such use is accessory to a residential use authorized in § 560-18A(1)(a)[1] above.

Boat hoists.

Outdoor dining.

Prior to the institution of outdoor dining, such establishments shall be required to obtain site plan review and approval.

Any outdoor dining area must be clearly defined and limited by way of a barrier such as fencing, landscaping, a wall, or as approved by the Planning Board.

No signage of any nature shall be permitted in the outdoor dining area.

Any establishment serving alcohol products in the outdoor dining area shall be required to do so only in connection with food service at tables.

Any outdoor dining area shall have adequate buffering from adjacent buildings or sites, consisting of landscaping and/or fencing or as approved by the Planning Board.

There shall be no sound amplification or video devices located within the outdoor dining area and no sound amplification to the outdoor dining area from other areas of the establishment.

In the event that the outdoor dining area is located in the front yard of the establishment, there shall be a minimum of six feet between the building and the front property line in order for the dining area to be approved.

In the event that the outdoor dining area abuts a parcel which is residentially zoned, the outdoor dining area shall be located a minimum of five feet from the common property line. In the event that the outdoor dining area abuts a commercial zone, no dining area setback shall be required except that the requirements of Subsection C(1)(b) and (e) above shall be satisfied.

Bulkhead setback. With regard to bulkhead setbacks in general, refer to § 560-38B. With regard to properties on back bay waters and lagoons, tables and chairs used in connection with outdoor dining may be located up to the actual, physical bulkhead.

Umbrellas and retractable awnings. Umbrellas and retractable awnings may be utilized in conjunction with outdoor dining areas adjacent to back bay waters and lagoons without the need for site plan review, provided that:

Those blocks of land bounded by 95th Street on the northeast, Second Avenue on the southeast, 97th Street on the southwest and Third Avenue on the northwest.

Third Avenue (southeasterly side) between 94th and 95th Streets and between 97th and 99th Streets, both to a depth of 110 feet.

Third Avenue (northwesterly side) between 94th and 96th Streets, to a depth of 110 feet.

96th Street (northeasterly side) between Third Avenue and Sunset Drive, to a depth of 65 feet.

Structures in the Business District shall be subject to a minimum front yard setback of 10 feet, except as follows:

In the event that the front yard setback of another building located on another property in the same block, fronting on the same street and located in the same zoning district, is set back less than 10 feet from its property line, any newly constructed building, addition or alteration shall not be required to be set back any further from the front property line than such other building.

Located between the sides of the buildings at the rear;

Open (with no sidewalls or roofs);

Constructed of nonflammable materials;

No wider than six feet; and

Constructed to provide a minimum ground clearance of eight feet.

96th Street between Second and Third Avenues (both sides).

Third Avenue between 95th and 96th Streets (both sides).

Third Avenue between 96th and 99th Streets (easterly side only).

No townhouse structures shall be constructed on 96th Street or on Third Avenue between 93rd and 99th Streets, inclusive.

No townhouse structure shall exceed two stories in height, and it shall not exceed 28 feet in height above the curb level, and townhouse dwelling units shall not be constructed one on top of the other. No townhouse lot shall be less than 20 feet wide, and each townhouse dwelling unit shall abut a public street. Each townhouse structure shall have minimum side yards of 10 feet, and each townhouse dwelling unit shall have minimum front and rear yards of 10 feet. However, garages for townhouse units shall be so located that access to them shall be in the front or rear yards; if access is in the front yard, the garage shall be set back 20 feet from the front property line of the parcel on which the townhouse structure is located, and if the access is in the rear yard, the garage shall be set back 40 feet from the rear property line of the parcel on which the townhouse structure is located. It is the intention of this provision to provide two parking spaces per townhouse unit, one in the garage and one directly behind the vehicle in the garage, and variances from these requirements should be liberally granted where the appropriate on-premises parking is otherwise supplied. No townhouse structure shall be closer than 10 feet to any other building.

All portions of the parcel of land not utilized either by the structure or by paved parking surfaces or recreational areas shall be landscaped. All landscaped areas shall contain plantings of trees or shrubs and either a plant-type ground cover or a stone or similar ground cover substance such as bark or chips commonly used for this purpose.

Every townhouse dwelling unit shall have a minimum floor space of 600 square feet, measured at ground level.

For off-street parking requirements, see Subsection D(6)(b) hereof. In addition thereto, unless each townhouse lot contains provision for the parking of two motor vehicles by direct access from the street, then a portion of the townhouse structure's parcel of land shall be deeded to an association made up of all the owners of the townhouse dwelling units, which association shall have the responsibility of maintaining said portion of the parcel as a parking area to comply with the on-premises, off-street parking requirements of the Borough.

No building permit for the construction of a townhouse structure nor any conversion of an existing structure into a townhouse structure shall be permitted until subdivision approval and approval of the plans for the townhouse structure have been given by the Stone Harbor Planning Board in order to ensure compliance with all the terms of this section.

Any subdivision approvals granted by the Planning Board shall continue only so long as the premises is vacant or used for townhouses. If any other use is to be made of said premises, a new application for subdivision shall be directed to the Planning Board, which shall consider subdivision as though the entire parcel of land is one complete, undivided parcel sought to be subdivided for the first time or converted into one lot.

If an association is required pursuant to this section or an association is formed to establish and/or maintain common ground or facilities, then all owners of townhouse dwelling units shall become members of the association and shall be responsible individually for the maintenance and upkeep of the parking area and any other association-owned ground or facilities in the event that the association fails to act.

Tables may be placed on private property in connection with a restaurant or other food service business in the Business District without the need for site plan review or prior zoning approval; provided that:

"Ground area," as described in Subsection D(9)(a)[3] above, shall include only unimproved exterior areas (including paved areas) upon which outdoor table(s) are situated.

Docks for rental or storage of boats.

Boat hoists.

Single-family residential dwellings.

Mixed-use commercial and residential buildings.

Boutique hotels.

Outdoor dining.

First and second floors: minimum four feet from the property line.

Third floor: minimum nine feet from the property line, provided that a railing measuring up to 42 inches above a third-floor exterior deck shall be subject to a minimum front yard setback of four feet from the property line.

Prior to the institution of outdoor dining, such establishments shall be required to obtain site plan review and approval.

Any outdoor dining area must be clearly defined and limited by way of a barrier such as fencing, landscaping, a wall, or as approved by the Planning Board.

No signage of any nature shall be permitted in the outdoor dining area.

Any establishment serving alcohol products in the outdoor dining area shall be required to do so only in connection with food service at tables.

Any outdoor dining area shall have adequate buffering from adjacent buildings or sites, consisting of landscaping and/or fencing or as approved by the Planning Board.

There shall be no sound amplification or video displays located within the outdoor dining area and no sound amplification to the outdoor dining area from other areas of the establishment.

Outdoor dining areas adjacent to Shelter Haven Basin shall be designed to minimize the emission of sound, including, without limitation, the use of noise barriers, sound absorbers, and silencers in accordance with an acoustical engineering report to be supplied with the applicant's application for conditional use approval.

In the event that the outdoor dining area is located in the front yard of the establishment, there shall be a minimum of six feet between the building and the front property line in order for the dining area to be approved.

In the event that the outdoor dining area abuts a parcel which is residentially zoned, the outdoor dining area shall be located a minimum of five feet from the common property line.

Bulkhead setback. With regard to bulkhead setbacks in general, refer to § 560-38B. With regard to properties on back-bay waters and lagoons, tables and chairs used in connection with outdoor dining may be located up to the actual physical bulkhead.

Umbrellas and retractable awnings. Umbrellas and retractable awnings may be utilized in conjunction with outdoor dining areas adjacent to back bay waters and lagoons without the need for site plan review, provided that:

The use of the subject property was single-family or two family residential at all times after October 9, 2009.

The structure complies with the following bulk regulations.

First-floor uses shall be restricted to those uses permitted by § 560-19C(1).

Residential uses shall be permitted on the second and third floors only.

No on-site parking shall be permitted.

Hotel units shall not be in excess of 500 square feet.

Required off-street parking is provided off site upon a property located, in whole or in part, outside the Waterfront Business District, which off-site property shall be located not more than 1,320 feet from the subject site. Both the subject site and the site providing off-street parking shall be deed-restricted to require that the operation of the boutique hotel is conditioned upon the continued use and availability of the site providing off-street parking. One parking space shall be provided for each hotel unit.

The proposed development shall comply with the provisions of § 560-19D above.

Tables may be placed on private property in connection with a restaurant or other food service business in the Waterfront Business District without the need for site plan review or prior zoning approval; provided that:

"Ground area," as described in Subsection F(2)(a)[3] above, shall include only unimproved exterior areas (including paved areas) upon which outdoor table(s) are situated.

Manufacture of corrosive acids, glue, gelatin, paint, oil, varnish, fertilizer, oilcloth, cork products, alcohol, plastics, bleaching compounds or soap.

Tanning or curing hides.

Crude oil refining.

Blast furnace.

Rubber treatment or manufacture.

Ore smelting.

Garbage or offal reduction or dumping.

Asphalt refining or manufacture.

Abattoir, stable or livestock, including poultry.

Junk storage.

Automobile wrecking.

Bulk storage of products which create an unusual danger of explosion or fire hazard, such as fireworks, explosives or gases such as ammonia, chlorine, acetylene, illuminating and others of like characteristics.

Communications towers: as recommended by independent study and deemed necessary by the Borough Council, with a maximum height of 120 feet, not inclusive of antennas.

Water towers: as recommended by independent study and deemed necessary by the Borough Council.

Within any area in which the Borough has posted signs indicating the presence of nesting sites.

Within any area enclosed by fencing erected by the Borough for the protection of nesting sites.

In all other areas as may from time to time be specifically posted by order of the governing body of the Borough of Stone Harbor.