§ 70-203. Public health, safety and general welfare., Article XXII. General Provisions, Chapter 70. Zoning, Code of Ordinances, North Hempstead

For the purpose of this article, the term(s) used herein are defined as follows:

[Added 8-22-2006 by L.L. No. 12-2006; amended 10-5-2010 by L.L. No. 11-2010]

HARBOR: To provide food or shelter. "To provide food" shall include but not be limited to placing, depositing, scattering or distributing in a location accessible to pigeons, swine, goats, rabbits or foxes, minks, skunks or other similar furbearing animals, bees or snakes any type of food, edible material or nutritive substance.

MAINTAIN: To create or foster any condition or allow any condition to exist or continue which attracts, encourages or results in multiple pigeons returning to a premises on a regular basis.

Editor's Note: This local law also redesignated former Subsections A through S as Subsections B through T, respectively.

No trade, industry, purpose or use shall be conducted in such a manner, nor shall any person engage in any activity, which shall create corrosive or toxic fumes, gas, smoke or odors, dust, vapor, accumulation of animal excrement, animal food waste or dead animal(s) which may be detrimental to the public health, safety and general welfare.

[Amended 8-22-2006 by L.L. No. 12-2006]

On any corner lot, no wall, fence or other structure shall be erected or altered and no hedge, tree, shrub or other growth shall be maintained so as to obscure the view and create a dangerous traffic hazard. For the purpose of this local law, a "traffic hazard" is deemed to be created by any fence, wall or other structure or any hedge, tree, shrub or other growth maintained on premises located at highway intersections and which fence, wall or other structure, hedge, tree, shrub or other growth, in the opinion of the Nassau County Police Department or a local police department having jurisdiction within any portion of the unincorporated area of the Town, so obstructs the view of operators of motor vehicles as to create traffic hazard.

[Amended 8-12-2003 by L.L. No. 10-2003]

Courts, where permitted by this local law, shall be governed by the provisions of the Multiple Dwelling Law.

No accessory building or structure or part thereof used for the housing of fowl or domestic animals, other than dogs or cats, shall be less than 50 feet from any property line. All existing buildings or structures not in conformity with the provisions of this section shall, within two years from the adoption of this local law, be removed or be relocated to conform to this section.

In any residential district, no premises shall be used for the keeping, maintaining or harboring of pigeons, swine, goats, rabbits or foxes, minks, skunks or other similar furbearing animals, bees or snakes, such as but not limited to racers, boas, water snakes and pythons, except when authorized by the Board of Zoning and Appeals under the provisions of Article XXIV. The following shall be a rebuttable presumption in the enforcement and prosecution of the provisions of this section:

[Amended 4-28-1987 by L.L. No. 10-1987; 8-22-2006 by L.L. No. 12-2006; 10-5-2010 by L.L. No. 11-2010]

(1)

The presence of multiple pigeons upon a premises, on at least three dates, within a two-week period, as observed by a code enforcement officer of the Town, shall be presumptive evidence that a premises is being used in violation of this section.

(2)

This rebuttable presumption shall not apply to residential properties that adjoin or abut any property that is zoned industrial or business.

(3)

The failure of any person charged under this section to rebut the presumption shall not mean that the trier of fact must find the person guilty or that the burden of proof relative to the underlying charge(s) has been shifted upon the accused.

Where a parking district, business district or industrial district is within 15 feet of any residence district or where such district is within 15 feet of land owned and maintained by the Long Island State Park Commission as a state park or parkway, there shall be provided a landscaped area of at least 15 feet in depth adjoining such district or districts or such park or parkway. Such landscaped area shall be located within such parking district, business district, or industrial district and not within the adjacent residence district. Such landscaping shall consist of trees and shrubs which shall be so located and of sufficient density to effectively screen the parking, business and industrial districts from any residence district or from land owned and maintained by the Long Island State Park Commission. Said screening shall be subject to the approval of the Building Official. Any site plan required under this local law shall designate the trees and/or shrubs intended to be planted and the location thereof. Landscaped area shall consist of a staggered double row planting strip seven feet on center to be planted with coniferous material of six-foot height. The provisions of this section shall not apply where the parking, business and industrial districts and any residence district or the land owned and maintained by the Long Island State Park Commission are separated by a street, road or highway.

[Amended 4-1-1997 by L.L. No. 8-1997; 8-13-2002 by L.L. No. 11-2002; 12-12-2006 by L.L. No. 17-2006]

Any planting strip required by § 70-203 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 required by the Board of Zoning and Appeals which may become in disrepair. The owner shall, within 10 days upon the order of the Manager of the Building Department, replace any shrubbery and/or trees and/or repair any fence required by the Board of Zoning and Appeals.

In the event of failure of the owner to replace any shrubbery and/or trees or repair any fence required by the Board of Zoning and Appeals as directed in § 70-203G, the Town Board may thereupon notify the owner that, unless said work is completed within 15 days, the Town will accomplish the necessary work and the cost thereof will be assessed by the Town Board on the real property, and the expense so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other charges. The notice to the owner to replace trees or shrubs or to repair any fence shall be mailed to such owner, addressed to his last known address, and shall be sufficient notice thereof.

Where a fence is provided along the front property line in a parking, business or industrial district, the vehicular entrance gates shall be set back a minimum of 18 feet and an open, unoccupied space shall be maintained between said gates and the street line.

All theaters, churches and other place of public gathering hereafter erected shall provide garbage facilities which shall be a part of and affixed to the main structure and/or building.

No public garage, motor vehicle repair shop or gasoline service station shall be erected, altered or used within 200 feet of any premises used for a public school, public library, church, hospital or orphanage.

[Added 4-28-1987 by L.L. No. 10-1987]

No public garage, motor vehicle repair shop or gasoline service station shall be located within 40 feet of any residence district.

[Added 4-28-1987 by L.L. No. 10-1987]

All mechanical repairs to motor vehicles or painting, repainting and repairs to the exterior bodies of motor vehicles must be performed within a building. This restriction does not apply to the furnishing of those services of maintenance, supply, installation and minor adjustments customarily furnished at a gasoline service station.

[Added 4-28-1987 by L.L. No. 10-1987]

No building or premises shall be used or occupied hereafter as a public garage, motor vehicle repair shop or service station for supplying to motor vehicles or other similar operated means of transportation gasoline or other oil or liquid that will generate an inflammable vapor at ordinary temperatures, unless it is used in connection with a building occupied exclusively as a public garage, motor vehicle repair shop, service station or automobile showroom or has been heretofore legally used for such purpose and except those used or occupied pursuant to a valid permit issued in compliance with § 70-203O.

[Added 4-28-1987 by L.L. No. 10-1987; amended 9-12-1989 by L.L. No. 7-1989]

No permits for the construction or alteration of gasoline service stations shall be issued without first obtaining approval from the Town Board after a public hearing.

[Added 9-12-1989 by L.L. No. 7-1989; amended 11-15-2005 by L.L. No. 13-2005]

(1)

No self-service gasoline service station shall be permitted without first obtaining approval from the Town Board after a public hearing, and shall be subject to the following conditions:

(a)

The permittee shall provide an air compressor capable of inflating automobile tires for the use of motorists and shall do so at no charge to the user thereof.

(b)

A gasoline service station granted a permit shall provide at least one full-service pumping station between the hours of 7:00 a.m. and 7:00 p.m., prevailing time.

(c)

A gasoline service station granted a permit shall be subject to such other lawful conditions as may be imposed by the Town Board, which conditions shall be embodied in a covenant signed by the applicant and recorded at the expense of the applicant in the office of the Clerk of the County of Nassau. Such conditions shall include, unless exempted by the Town Board, the following:

[1]

That the service island be covered by a canopy or similar structure to protect the patrons of the service station from the elements.

[2]

That all fire-suppression and fire-prevention devices shall be installed in accordance with the requirements of, and subject to the approval of, the Nassau County Fire Marshal. Such systems shall, to the extent most practicable and functionable, be enclosed within the canopy or similar aesthetically acceptable structure.

[3]

That there shall be no overnight storage of motor vehicles or trailers on the premises.

[4]

That all lighting shall be directed so as to illuminate only the site and shall not cause any annoyance or interference by substantial transgression of illumination on adjoining properties.

[5]

That the operator of the station shall provide appropriate automobile window cleaning devices for use by patrons at no charge.

[6]

That the operator of the station shall have available for sale to customers motor oil, transmission fluids and windshield cleaning solvents.

[7]

That the operator of the station shall provide full service, and gasoline at self-service price, to all automobiles with handicapped license plates, between the hours of 7:00 a.m. and 7:00 p.m., prevailing time.

[8]

That such facility shall conform to all zoning requirements except as the Board of Zoning and Appeals may, in its discretion, vary or modify.

(2)

The Town Board, after a public hearing, may grant approval for a self-service or full-service gasoline station to concurrently sell products unrelated to the use and operation of motor vehicles, provided that such gasoline service station/convenience stores as defined in § 70-231, meet the following requirements:

(a)

Gross floor area and the allowable methods of food preparation are as follows. The maximum floor area is inclusive of the cashier area.

[Amended 3-22-2016 by L.L. No. 3-2016]

Lot Area (acres)	Maximum Floor Area (square feet)	Food Preparation
Less than 1/2	1,250	Prepackaged for off-site consumption only; no warming, heating, or cooking excepting coffee, tea or cocoa.
1/2 to 1	2,500	Warming of prepackaged items by microwave for off-site consumption; no oven, grill, or fryer. Brewing or preparing coffee, tea or cocoa is permitted.
Greater than 1	5,000	Permitted; fast food restaurant regulations apply.

(b)

No trash or refuse shall be stored or kept on the site except where permitted by the Town Board.

(c)

The station shall be supervised by the owner or employee of the owner on the premises at all times when the station is open for operation.

(d)

There shall be no exterior display or storage of materials, merchandise, supplies or accessories, except in the area(s) indicated on the approved site plan.

(e)

Site circulation shall be designed so that fuel tankers servicing the gasoline service station do not obstruct ingress or egress to the site and pedestrian ingress and egress to the convenience store, and do not make use of any portion of public right-of-way or landscaped areas.

(f)

Perimeter landscaping requirements: Along the parcel of land which abuts a street, exclusive of vehicular access points, a perimeter landscape area shall be provided. The perimeter landscape area shall be designed so as not to obstruct sight lines from the subject property.

(3)

An application to permit a gasoline service station/convenience store, as defined in § 70-231, shall be reviewed by the Commissioner of Planning, shall include the items required for submission in § 70-219 and shall demonstrate compliance with the requirements provided herein.

(4)

In considering applications for a permit hereunder, the Town Board shall consider the general standards set forth in § 70-225B of this Code.

Business or industrial buildings shall front only on business or industrial streets or on an approved parking district. No part of such buildings shall have a business frontage on residential streets, except for display purposes and a second means of exit as required by the New York Uniform Fire Prevention and Building Code and except for gasoline service stations which have access to secondary roads pursuant to permit of the Town Board under § 70-203O.

[Added 4-28-1987 by L.L. No. 10-1987; amended 9-12-1989 by L.L. No. 7-1989]

No person acting as a real estate broker, agent or salesperson, whether or not licensed by the State of New York, shall knowingly facilitate the use or occupancy of a detached dwelling or a two-family attached residence building in a manner which violates the use or occupancy of such dwelling or building which is permitted by the certificate of occupancy or certificate of existing use issued by the Building Commissioner for it or in a manner which violates the permitted use or occupancy of such dwelling or building under the Town's Housing and Rehabilitation Code (Chapter 28 of the Town Code). A person shall be deemed to facilitate a use or occupancy by, among other things, advertising or listing a dwelling or building, showing a dwelling or building to a prospective user or occupant or otherwise soliciting or encouraging another person to use or occupy a dwelling or building. Upon the conviction of a licensed broker, agent or salesperson for a violation of this subsection, in addition to the penalties provided for in § 70-235, the Town Attorney shall forward a record of such conviction to the New York Department of State's licensing bureau.

[Added 5-25-1993 by L.L. No. 4-1993]

Dry cleaning establishments.

[Added 5-19-1998 by L.L. No. 10-1998]

(1)

No perchloroethylene-based dry-cleaning equipment shall be installed in premises sharing a common wall, floor, ceiling or basement with a dwelling unit or with a building containing a dwelling unit, or in premises whose exterior demising wall is within 200 feet of a dwelling unit, except where an existing business which conducts dry cleaning on site installs such equipment for the purpose of replacing or upgrading existing perchloroethylene-based equipment.

(2)

An existing perchloroethylene-based dry-cleaning establishment made nonconforming by the previous subsection, which does not operate for a period of six months, shall be deemed abandoned and may not thereafter operate as a dry cleaner using perchloroethylene.

(3)

All perchloroethylene-based dry-cleaning equipment shall be removed and disposed of in accordance with applicable laws, within 90 days of receipt of a notice from the Building Official, from any premises in violation of this section or §§ 70-96.5.1, 70-114.2, 70-187 or 70-195.7.1 of the Code.

(4)

The provisions of this subsection shall be severable, and if any phrase, clause, sentence or provision of this section or the applicability thereof to any person or circumstance shall be held invalid, the remainder of this section and the application thereof shall not be affected thereby.

Drive-through facilities.

[Added 1-24-2006 by L.L. No. 2-2006]

(1)

No permits for the construction or alteration of drive-through facilities shall be issued without first obtaining approval from the Town Board after a public hearing.

(2)

Drive-through facilities shall be subject to the following regulations:

(a)

Vehicular standing space requirements for drive-through facilities:

[1]

A vehicle standing space(s) (VSS) shall be located within a drive-through lane which is not used for any other vehicular use such as access, parking, site circulation or loading.

[2]

The minimum number of VSSs shall be provided on-site according to the chart below. Inbound vehicle standing spaces should be inclusive of the vehicle being served. Outbound vehicle standing spaces are not inclusive of the vehicle being served.

	Number of Vehicle Standing Spaces Required
Type of Parking Facility	Inbound Vehicles	Outbound Vehicles
Drive-through bank tellers	6 per service position	1
Drive-through bank, automatic tellers	3 per service position	1
Drive-through restaurant (measured from pickup window)	6 per service position	1
Drive-through pharmacy or convenience goods	4 per service position	1
Drive-through coffee/espresso stand	3 per service position	1
Drive-through car wash as a principal use	4 per wash station	1 per wash station
Drive-through oil change	3 per service bay	1
Drive-through drop-off service (drop-off box)	1 per drop-off service	1
All other drive-through facilities	6 per service position	1

[3]

Each VSS 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.

[4]

Under no condition shall vehicles located in a VSS be permitted to back out into the street or otherwise block the free movement of traffic on adjacent streets or within adjacent parking areas on-site.

[5]

A VSS shall be 20 feet long by 10 feet wide. Standing spaces shall be measured from the front of the service position to the rear of the VSS.

(b)

Screening requirements. Where a drive-through facility is adjacent to a residential use or residentially zoned property, there shall be provided a landscaped area of at least 15 feet in depth to effectively screen the facility from the residential use or residentially zoned property. Landscaped area shall consist of a staggered double-row planting strip seven feet on center to be planted with coniferous material of six-foot height. Landscaping shall also screen and be used to minimize the visual impact of readerboard signs and directional 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.

(c)

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 not visible from any adjacent residential use or adjacent residentially zoned property.

(d)

Access limitations. The location of a drive-through facility shall be laid out and arranged on a site so as to discourage the use of residential streets as convenient access to and/or from the facility.

(e)

Noise. Noise associated with a drive-through facility, including but not limited to a public address system or other devices for amplifying voices or music, which is audible outside of the drive-through building or structure, shall not exceed the maximum sound levels provided for in Chapter 38 of the Town Code. No audio equipment shall be located on the side of the principal structure that is adjacent to a residential use or residentially zoned property.

(f)

Pedestrian conflicts. Pedestrian walkways or paths shall be designed so as to minimize conflicts with vehicle standing spaces, drive-through lanes, or drive-through aisles.

(g)

Signage. All menu signs, menu boards, or readerboard signs shall face away from the street or public right-of-way. All drive-through areas or drive-through aisles shall be indicated with a drive-through entry sign.

(h)

Building and site design. Drive-through facilities or drive-through areas shall be designed to be part of the principal or main structure only, except for drop-off boxes only, which are permitted to be located separate from the principal or main structure. Drive-through windows and drop-off boxes shall not be located on the side of the principal structure that is adjacent to a residential use or residentially zoned property.

(i)

Drop-off box or drop-off in-vehicle service. A principal use that provides in-vehicle drop-off service, either as a freestanding box, or as part of the principal structure, shall not locate such drop-off service on the side of the building or on that portion of the development site that is adjacent to residentially zoned or residentially used property. One vehicular standing space shall be provided for each drop-off service located on the development site, and such space shall be conveniently located to the drop off service so as to allow persons in vehicles to drop off items and exit the site without backing out onto a street.

(j)

Bypass lane. All drive-through facilities shall be designed with a bypass lane clearly marked so as not to conflict or interfere with internal circulation or ingress or egress to and from the site. The bypass lane shall be a minimum of 10 feet in width and function so as to allow vehicles to pass or circumvent the drive-through window(s) or drop-off box without actually traveling through any lane reserved for a drive-through window or drop-off box. The bypass lane shall be designed so as to allow the movement of vehicles only and not provide any in-vehicle customer service.

(3)

An application to permit a drive-through facility, as defined in § 70-231, shall be reviewed by the Commissioner of Planning, and shall include the items required for submission listed in § 70-219, unless otherwise waived by the Commissioner of Planning, and shall demonstrate compliance with the requirements provided herein.

(4)

In considering applications for approval hereunder, the Town Board shall consider the general standards set forth in § 70-203S and § 70-225B(1) of this Code and also follow the review procedures and requirements listed in § 70-219.

Below-grade parking structures.

[Added 10-3-2006 by L.L. No. 14-2006]

(1)

No permits for the construction or alteration of a below-grade parking structure shall be issued without first obtaining approval from the Town Board after a public hearing.

(2)

In considering applications for approval hereunder, the Town Board shall consider the general standards set forth herein, and in § 70-225B(1) of this Code, and shall also follow the review procedures and requirements listed in § 70-219.

(3)

Below-grade parking structures shall be subject to the following requirements:

(a)

A below-grade parking structure may be permitted, provided it is demonstrated that it will reduce adverse visual impacts to adjoining properties; that the amount of surface paving will be reduced; or that the below-grade structure is necessitated by existing topographical conditions.

(b)

The number of levels below grade shall not exceed three nor a maximum depth of 35 feet.

(c)

The minimum vertical distance between the bottom of the foundation slab or footing and the groundwater table shall be not less than 10 feet. The groundwater table elevation shall be determined by not less than five soil borings, generally one at each corner of the foundation and one at the center of the parking structure.

(d)

Vehicular access ramps shall not face adjoining residential properties nor shall access and egress drives be located on a residential street.

(e)

In the case of partially below-grade structures, parked vehicles shall be shielded from public view by structural walls.

(f)

Nonresidential buildings in which some or all of their required parking spaces are located in below-grade structures shall be subject to the following maximum floor area ratios:

[1]

Warehouse, industrial: 0.60.

[2]

Hotel, institutional: 0.95.

[3]

Retail, general business: 0.45.

[4]

General office: 0.40.

[5]

Medical office: 0.33.

[6]

Restaurant, public assembly: 0.30.

(g)

All parking spaces shall be clear of columns or other projections and shall conform to the minimum dimensional standards set forth in § 70-103. A minimum vertical clearance of seven feet must be provided for all drive aisles and parking spaces. If loading areas are provided for in a below-grade parking structure, then the minimum vertical clearance shall be 15 feet in accordance with the provisions of § 70-103F.

(h)

Parking spaces and access aisles shall not exceed a maximum gradient of 3%. Access ramps to the exterior and between parking levels shall not exceed a maximum gradient of 8%.

(i)

A mechanical ventilation system is required for all below-grade parking structures in accordance with the Mechanical Code of New York State. Exhaust openings shall not be permitted on any side of the parking structure adjoining a residence district.

(j)

Below-grade parking structures must be equipped with twenty-four-hour closed-circuit television (CCTV) security cameras. Security cameras may be either monitored or recorded, but must cover all public entrances and exits and at least half the parking area. Recordings from security cameras shall be maintained for a minimum of 30 days and shall be made available to police if requested. It shall be the responsibility of the owner to install, maintain and operate the security cameras; however, it shall be within the sole discretion of the owner to determine whether personnel shall be assigned to monitor the cameras in real time.

(k)

The Town Board may permit valet parking to be provided within a below-grade parking structure, subject to the following requirements:

[1]

Parking stall and aisle dimensions shall be required to be shown on the site plan.

[2]

Valet parking spaces need not be immediately accessible, provided spaces are arranged so that no more than two parking spaces would be crossed in the parking of any vehicle.

[3]

The owner of the parcel proposed for development submits a valet parking agreement to the Town which includes the following:

[a]

A legal description of the parcel where the below-grade parking structure will be located;

[b]

The total number of valet parking spaces to be provided;

[c]

The restriction that attendants will be provided 100% of the operating hours of the principal use.

[d]

The valet parking agreement shall be approved as to form by the office of the Town Attorney and shall be recorded in the public records of Nassau County at the owner's expense.

[e]

The valet parking agreement shall be considered a restriction running with the land and shall bind the heirs, successors and assigns of said owner.

(4)

When an application for a proposed development is subject to site plan review in accordance with the provisions of § 70-219, an application to permit a below-grade parking structure, as defined in § 70-231, shall be filed simultaneously and will be reviewed by the Town Board in consolidated proceedings with the site plan approval.

Rumble strips are required for uses which typically generate dirt, dust, sand, recycled concrete aggregate (RCA), silt or other similar material that may be tracked onto the public right-of-way.

[Added 8-9-2016 by l.L. No. 6-2016]

(1)

Uses requiring rumble strips include but are not limited to the following:

(a)

Concrete recycling operation;

(b)

Brick, pottery, tile, concrete block or terra-cotta manufacture;

(c)

Manufacture of sand, stone, cement or gravel or other materials used for the processing or manufacture of concrete mix;

(d)

Transfer stations;

(e)

Facilities used for the storage of construction vehicles.

(2)

The length of the rumble strips shall be no less than 25 feet and be located at all exits of a facility.

(3)

Rumble strips must be anchored to the ground.

A refrigerated garbage locker shall be required within any restaurant, bar and grill or retail food use. There shall be no outdoor storage of putrescible waste generated by any food use at any time. The applicant shall arrange for indoor carry-out/pickup with a licensed sanitation collector and shall forward a copy of the contract to the Building Official prior to the issuance of a certificate of occupancy.

[Added 3-20-2018 by L.L. No. 2-2018]

Electric vehicle charging stations shall be permitted in all commercial districts, subject to the following:

[Added 1-29-2019 by L.L. No. 3-2019]

(1)

Each electric vehicle charging station shall include vehicle impact protection (bollards) or a similar structure.

(2)

A maximum of two parking spaces that are designated for the exclusive use of electric charging and the sale of electricity may be counted towards the off-street parking requirements specified in § 70-103.

(3)

Components for electric vehicle charging stations may encroach up to 36 inches into a required setback or buffer.