[Effective 8-21-1971]
A. The federal government has allocated various portions of the former Air Force Base at Mitchel Field to private institutions, Nassau Community College and Nassau County. Implicit in such allocation was the concept of utilization of Mitchel Field to a substantial extent for educational and cultural purposes. The Town of Hempstead, in accommodation of such utilization, has heretofore promulgated the E Edu-Cultural District (E). The County of Nassau has under way a program for the development of its holdings at Mitchel Field, including public development and private development.
B. The construction of a coliseum is nearing completion as of this date. It is hereby determined that the construction of a hotel on an appropriate parcel of land adjoining the coliseum site is necessary to the successful operation of the coliseum.
C. Definitive planning of all of the county-owned property will necessarily extend over a period of time and involve complex factors not now susceptible to determination and decision.
D. The special physical circumstances of Mitchel Field must be related to county ownership and town responsibility for zoning, community facilities and tax structure. These factors, taken together, spell out a need and opportunity for planned development in a series of operations in an orderly sequence and incrementally adaptive with due consideration for market feedback and public impact and sensibility. Such planned development includes, among other things, coordinating plans and designs of different developers. It is essential that streets, easements, utilities, building sites, site plans, building floor plans and evaluation of all construction types as intended to be sited, located, erected, constructed and used be related to each other. This includes also programs for provision, operation and maintenance of such areas of improvements, facilities and services as will be for common use by some or all of the occupants and users of Mitchel Field, but not to be provided, operated, or maintained at general public expense. With respect to facilities and services which, of necessity, must be provided at public cost, sound sequential development can minimize public investment.
E. Each phase of development, as it progresses, should support and enlarge the use and enjoyment of prior development. The synergistic influence of creative design and quality construction at each step will promote the ultimate ideal of environmental quality.
F. Among the ultimate uses, there will of necessity be single uses or multiples of special purpose uses which best lend themselves to development within zoning districts less general than the existing zoning districts. This article is designed to provide a framework for such districts. Its adoption is one step in the county-town cooperation in the development of Mitchel Field; in particular, it will provide a zoning mechanism responsive to the comprehensive process of planning for such development.
G. Thereby, the public health, safety, morals, general welfare and amenity of the Town of Hempstead will be protected and promoted.
This article shall be known and cited as the "Mitchel Field Planned Development Districts Article."
[Effective 7-15-1984; 4-29-1989; 9-12-1995]
In addition to the definitions of this Building Zone Ordinance, the following special definitions are applicable to this article. In the event of conflict, the following definitions shall be controlling:
AFFORDABLE HOUSING UNIT - A dwelling unit that is restricted as to sale or rent to remain affordable to a household whose aggregate gross annual income, including the total of all current annual income of members residing in the household from any source whatsoever at the time of application (excluding the earnings of working household members of 21 years of age or younger who are full-time students), does not exceed 80% of the Nassau County median annual income for its household size [based on the United States census and as updated by the Department of Housing and Urban Development (HUD)], by generally not exceeding 30% of the aggregate gross income of the household. Said housing unit must be the primary residence of the household and shall not be sublet without the consent of the Town Board or its designee. In addition, the net assets of the household at the time prior to purchase or lease may not exceed 50% of the purchase price of the unit, except where such households rely, due to age or disability, on the assets in lieu of income. [Added by L.L. No. 54-2011, effective 6-28-2011]
ARCADE - A covered, but not enclosed, pedestrian passageway located on the ground level of a building and attached to the building. [Added by L.L. No. 54-2011, effective 6-28-2011]
ARENA - A building used for the presentation of sports events, performances and spectacles. [Added by L.L. No. 54-2011, effective 6-28-2011]
COMPLETE STREETS - Streets that are designed and operated to enable safe access for all users. Pedestrians, bicyclists, motorists and transit riders of all ages and abilities can safely move along and across a complete street. Elements found on a complete street include sidewalks, bike lanes (or wide, paved shoulders), special public transit lanes, comfortable and accessible transit stops, frequent street crossing opportunities, median islands, curbside planting strips, accessible pedestrian signals, and curb extensions. [Added by L.L. No. 54-2011, effective 6-28-2011]
CONCEPTUAL MASTER PLAN - A design for the MFM Mitchel Field Mixed-Use District that includes and defines, but is not limited to, building and land use size and placement, roads and streets, parking, and open space. [Added by L.L. No. 54-2011, effective 6-28-2011]
DWELLING UNIT - A residence occupied by one family. [Added by L.L. No. 54-2011, effective 6-28-2011]
NEXT GENERATION/WORKFORCE HOUSING UNIT - A dwelling unit that is restricted as to sale or rent to remain affordable to a household whose aggregate gross annual income, including the total of all current annual income of members residing in the household from any source whatsoever at the time of application (excluding the earnings of working household members of 21 years of age or younger who are full-time students), does not exceed 120% of the Nassau County median annual income for its household size [based on the United States Census and as updated by the Department of Housing and Urban Development (HUD)], by generally not exceeding 30% of the aggregate gross income of the household. Said housing unit must be the primary residence of the household and shall not be sublet without the consent of the Town Board or its designee. In addition, the net assets of the household at the time prior to purchase or lease may not exceed 50% of the purchase price of the unit, except where such households rely, due to age or disability, on the assets in lieu of income. [Added by L.L. No. 54-2011, effective 6-28-2011]
NURSING HOME - A facility that provides skilled or acute nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging, board, physical care or other health-related services, or any combination of the foregoing, and in addition thereto may provide nursing care and health-related services or either of them to persons who are not occupants of the facility. Nothing herein shall be construed as authorizing construction of any building or structure, or conduct of any use, for which approval by any agency of the State of New York is required by law, unless and until a valid letter of intent or necessity therefrom shall be issued and a copy received by the Department of Buildings. [Added by L.L. No. 54-2011, effective 6-28-2011]
PEDESTRIAN PLAZA - A walkway or area for the use of pedestrians erected below, at, or above grade, but not exceeding 35 feet in height over grade. Pedestrian plazas shall be deemed open space and shall not be deemed buildings or structures. Space beneath a pedestrian plaza may be used for any use otherwise permitted in this article. [Amended by L.L. No. 54-2011, effective 6-28-2011]
RESEARCH AND DEVELOPMENT FACILITY - Operations whose primary purpose is to conduct research and development into new processes and products, where the operations are under the close supervision of technically trained personnel, and which are not engaged in the manufacture of products for commercial sale. [Added by L.L. No. 54-2011, effective 6-28-2011]
SENIOR CITIZEN CONGREGATE-CARE FACILITY - A facility that provides lodging, board, physical care or assisted-living services to elderly persons 65 years or older, including, but not limited to, the recording of health information, dietary services, and supervision and/or assistance with various daily activities such as cooking, cleaning, housekeeping, laundry, transportation, recreation and other activities designed to help maintain an independent lifestyle. Nothing herein shall be construed as authorizing construction of any building or structure, or conduct of any use, for which approval by any agency of the State of New York is required by law, unless and until a valid letter of intent or necessity therefrom shall be issued and a copy received by the Department of Buildings. [Added by L.L. No. 54-2011, effective 6-28-2011]
SHARED PARKING ANALYSIS - A study conducted to determine the total number of parking spaces required by all nonresidential uses in a mixed-use development to adequately serve estimated parking demands, taking into consideration that it may be possible to allocate a single parking space to more than one use because of different parking demands among the various uses during certain times of the day. [Added by L.L. No. 54-2011, effective 6-28-2011]
TRANSIENT HOTEL - A building or part of a building in which:
A. Living or sleeping accommodations are used primarily for transient occupancy, and rented on a daily basis.
B. One or more common entrances serve all such living or sleeping units.
C. Twenty-four-hour desk service is provided, in addition to one or more of the following services: maid, telephone or bellboy service, or the furnishing or laundering of linens. of Hempstead. All wiring, feed lines, energy sources (except solar) and all equipment accessory to all utilities shall be placed underground.
No permit shall be issued for any building requiring a permit under this Building Zone Ordinance in any district created under this article unless compliance shall be had with § 305 of this Building Zone Ordinance and unless the applicant shall, in addition thereto, file with his application for site approval preliminary plans indicating generally the layout of any proposed building.
No permit shall be issued for any building requiring a building permit unless the site is shown on a subdivision map approved by the Nassau County Planning Commission and filed in the Nassau County Clerk's office.
A. In interpreting and applying the provisions of this article, the rules of interpretation applicable to remedial legislation shall be used so that the spirit and intent of this article shall be observed.
B. In the event of a conflict between the provisions of this article and other provisions of this Building Zone Ordinance, the provisions of this article shall control.
If any clause, sentence, section, paragraph or provisions of this article shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, section, paragraph or provision directly involved in the controversy in which such judgment shall have been recorded.
The provisions of § 312A through F of the Building Zone Ordinance are hereby rendered inapplicable under this article
A. There is hereby established a Mitchel Field Hotel District. In the Mitchel Field Hotel District, buildings and structures may be erected, altered or used and lots or premises may be used in accordance with the provisions of Subsections B to G, both inclusive, and not otherwise.
B. Uses. A building or structure may be erected, altered or used and a lot or premises may be used for any of the following purposes, and for no other.
(1) Transient hotel.
(2) Accessory uses and structures on the same lot or premises with, and of a nature customarily incidental and subordinate to the principal use or structure, including restaurants, cocktail lounges, public banquet halls, ballrooms, meeting rooms, swimming pools, tennis courts, boutiques, gift shops, drugstores and other business uses customarily incidental to the operation of a hotel and conference center.
(3) Such signs which are authorized under the provisions of Article XXIV.
C. Height. No building or structure shall exceed 100 feet in height. "Height" shall be defined as the vertical distance measured from the mean level of the established grade of the land as it exists on the date of the enactment of this ordinance to the highest point of the building or structure
D. Building area. The building area shall not exceed 30% of the lot area; provided, however, that the area of pedestrian plazas if approved as to location and area by the Town Board of the Town of Hempstead in the process of approval of the site pursuant to § 305 of the Building Zone Ordinance shall be excluded in computing building area.
E. Lot area. The lot area shall not be less than the total area of the premises described in any resolution adopted by the Town Board of the Town of Hempstead designating lots or premises to be included within the Mitchel Field Hotel District (MFH).
F. Floor area ratio. The maximum floor area ratio shall be 1.5.
G. Setbacks. Open spaces between any building or structure or any lot line shall be maintained as required by the Town Board of the Town of Hempstead as a condition of its approval of the site pursuant to § 305 of the Building Zone Ordinance.
H. Accessory parking. Accessory off-street automobile parking spaces shall be provided on the same lot or premises or off the premises within 300 feet of such premises. The number of accessory parking spaces required shall be determined by the type of each included use and shall be the total of unit calculations for each of the included uses, calculated in compliance with § 319 of this ordinance, plus the added requirement of one parking space for each three employees. Each parking space shall comply with all requirements of § 319D of this ordinance. [Effective 11-12-1990; 9-12-1995]
I. Loading space. Accessory off-street loading space shall be provided on the basis of three truck docks for the first 50,000 square feet of floor area plus one dock for each additional 75,000 square feet.
A. There is hereby established a Mitchel Field Office District (MFO). In the Mitchel Field Office District, buildings and structures may be erected, altered or used and lots or premises may be used in accordance with the provisions of this section, and not otherwise. [Effective 7-30-1982]
B. Legislative purpose. The Mitchel Field Office District is conceived and enacted to promote and protect the public health, safety, general welfare and amenity of the Town of Hempstead. The general goals include, among others, the followings specific purposes: [Effective 8-2-1981]
(1) To preserve and protect the special character of the greater Mitchel Field area.
(2) To promote the most desirable and suitable use of land in this area in accordance with a well-considered plan.
(3) To provide an incentive for development of the area in a manner consistent with sound planning principles.
(4) To promote, develop and achieve the highest quality of office development.
(5) To provide major additional space for expansion of offices uses and their ancillary facilities in accordance with plans which provide the public facilities required to accommodate such expansion.
(6) To provide freedom of architectural design, develop multiuse structures and produce a more attractive and economic development.
(7) To create an environment which will be lively and attractive and provide daily amenities and services for the use and enjoyment of the working population.
(8) To achieve harmonious visual and functional relationships with adjacent areas.
(9) To encourage a desirable design relationship between each building in the district and between the buildings and the district's circulation system.
(10) To retain and improve the special employment opportunities generated in the area.
C. Uses. A building or structure may be erected, altered or used and a lot or premises may be used for any of the following purposes, and for no other: [Effective 8-2-1981]
(1) Principal uses. Office buildings, open and structured parking on the same lot as the office building or on a separate lot within 300 feet of the perimeter of the lot upon which the office building is located, provided that such open or structured parking which may be located on a separate lot is required to meet the parking requirements of the office building.
(2) Accessory uses and structures. Accessory uses and structures permitted on the same lot or premises with the principal use or structure shall be limited to uses customary and incidental to the principal use, recreational facilities, cafeterias, retail and service shops and facilities. Retail and service shops and facilities shall constitute no more than 5% of the gross square footage of the development and shall have no direct access from adjacent streets.
(3) Signs. The only permitted signs shall be those which are authorized under the provisions of Article XXIV of the Building Zone Ordinance of the Town of Hempstead.
(4) Senior citizen congregate care facility. A "senior citizen congregate care facility" shall be defined as a facility which provides lodging, board, physical care or assisted-living services to elderly persons 65 years or older, including, but not limited to, the recording of health information, dietary services, and supervision and/or assistance with various daily activities such as cooking, cleaning, housekeeping, laundry, transportation, recreation and other activities designed to help maintain an independent lifestyle. Nothing herein shall be construed as authorizing construction of any building or structure, or conduct of any use, for which approval by any agency of the State of New York is required by law, unless and until a valid letter of intent or necessity therefrom shall be issued and a copy received by the Department of Buildings. [Effective 5-20-1997]
(5) Nursing home. A "nursing home" shall be defined as a facility which provides skilled or acute nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging, board, physical care or other health-related services, or any combination of the foregoing, and in addition thereto may provide nursing care and health-related services or either of them to persons who are not occupants of the facility. Nothing herein shall be construed as authorizing construction of any building or structure, or conduct of any use, for which approval by any agency of the State of New York is required by law, unless and until a valid letter of intent or necessity therefrom shall be issued and a copy received by the Department of Buildings. [Effective 5-20-1997]
D. Definitions, conflicts and interpretation. [Effective 8-2-1981]
(1) In the event of a conflict between the provisions of this section and other provisions of the Building Zone Ordinance, the provisions of this section shall control.
(2) In interpreting and applying the provisions of this section, the rules of interpretation applicable to remedial legislation shall be used so that the spirit and intent of this section shall be observed.
E. Height. No building or structure shall exceed 175 feet in height, which shall be expressed as the vertical distance measured from the highest level of the established center-line grade of the street adjacent to the building to the highest point of the exterior surface of the roof, with the exception specifically of chimneys, parapet walls not exceeding three feet in height, flagpoles, aerials, flues, elevator or stair bulkheads or any mechanical equipment, provided that they are less than 12 feet in height and do not occupy more than 30% of the area of the roof upon which they are located. [Effective 8-2-1981]
F. Building area. The building area shall not exceed 35% of the lot area, except that an accessory parking structure may cover an additional 25% of the lot. [Effective 8-2-1981; 4-29-1989]
G. Lot area. No building shall be erected on a lot having less than seven acres in area. [Effective 8-2-1981]
H. Floor area ratio (FAR). The maximum floor area ratio permitted is 0.4. [Effective 8-2-1981; 1-5-1987; 4-29-1989]
I. Distance between buildings. There shall be a minimum distance of 100 feet between the exterior facades of all buildings, except for parking lots and parking structures. [Effective 8-2-1981]
J. Off-street/accessory parking. One parking space shall be provided for each 250 square feet of floor area. Each parking space shall comply with all requirements of § 319D of this ordinance. All parking areas shall have sufficient self-contained drainage, adequate means of ingress and egress, suitable paving and adequate levels of lighting. The required parking spaces may be provided for in a parking facility located on the same lot or premises as the principal structure or on a lot within 300 feet of the perimeter of the lot upon which the principal structure is located. [Effective 8-2-1981; 7-15-1984; 4-29-1989; 9-12-1995]
K. Off-street loading zone/space/berth. Off-street loading shall be provided in the amount of one truck space (minimum truck space to be 12 feet in width and 30 feet in length for the first 40,000 square feet of space in a building or attached group of buildings, plus one additional space for the next 80,000 square feet or major part thereof, plus one space for each additional 200,000 square feet or major part thereof. [Effective 8-2-1981; 4-29-1989]
L. Required yards. Yards shall be provided along all street frontages and lot lines, the depth of which shall be not less than 25 feet for the first 35 feet of building height, facing thereon, with an increased setback of one foot for each three feet in height above 35 feet. [Effective 8-2-1981]
M. Green area abutting property line. No parking lot shall be located closer than 30 feet to any street line or lot line. The area abutting any street or lot line shall be suitably landscaped. [Effective 8-2-1981]
N. Application procedure.
(1) Any application made pursuant to the provisions of this section shall originate by an application to the Town Board.
(2) In the event that the Town Board approves said application, it may attach certain conditions to said approval, which conditions shall become an integral part thereof. The Town Board, may, by resolution, dispense in part with conformity with the provisions applicable to the Mitchel Field Office District (MFO), and may impose safeguards and conditions as it may deem appropriate, necessary or desirable to promote the spirit and objectives of this section, including but not limited to restrictive covenants pertaining to the are defined in the petition for rezoning, including the site plan submitted on behalf of the application, together with other agreements, if any, in recordable form and running with the land.
[Effective 7-30-1982]
A. There hereby is established a Mitchel Field Office District 1. In the Mitchel Field Office District 1, buildings and structures may be erected, altered or used and lots or premises may be used in accordance with the provisions of this section, and not otherwise.
B. Uses. A building or structure may be erected, altered or used and a lot or premises may be used for any of the following purposes, and for no other:
(1) Office building, bank, financial offices for banks, brokerage house or other related services, medical/dental office, public utility office and post office. [Effective 1-5-1987]
(2) Research and development activities for scientific, technical or industrial research, testing or development, including assembly of prototype devices.
(3) Warehouse, express depot or yard, merchandise receiving or distributing depot or yard.
(4) Accessory uses, including off-street parking and loading areas, and bus station or waiting room.
(5) Such signs which are authorized under the provisions of Article XXIV of the Building Zone Ordinance of the Town of Hempstead.
(6) Senior citizen congregate care facility. A "senior citizen congregate care facility" shall be defined as a facility which provides lodging, board, physical care or assisted-living services to elderly persons 65 years or older, including, but not limited to, the recording of health information, dietary supervision, supervised hygienic services and supervision and/or assistance with various daily activities such as cooking, cleaning, housekeeping, laundry, transportation, recreation and other activities designed to help maintain an independent lifestyle. Nothing herein shall be construed as authorizing construction of any building or structure, or conduct of any use, for which approval by any agency of the State of New York is required by law, unless and until a valid letter of intent or necessity therefrom shall be issued and a copy received by the Department of Buildings. [Effective 5-20-1997]
(7) Nursing home. A "nursing home" shall be defined as a facility which provides skilled or acute nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging, board, physical care or other health related services, or any combination of the foregoing, and in addition thereto may provide nursing care and health-related services or either of them to persons who are not occupants of the facility. Nothing herein shall be construed as authorizing construction of any building or structure, or conduct of any use, for which approval by any agency of the State of New York is required by law, unless and until a valid letter of intent or necessity therefrom shall be issued and a copy received by the Department of Buildings. [Effective 5-20-1997]
C. Height. No building or structure shall exceed 75 feet or six stories in height. "Height" shall be defined as the vertical distance measured from the mean level of the established grade of the land as it exists on the date of the enactment of this ordinance to the highest point of the building or structure. Elevator shafts, heating, ventilating and air-conditioning units are permitted but shall not cover more than 20% of the roof area or be greater than 15 feet above the roofline.
D. Building area. The building area shall not exceed 35% of the lot, except that an accessory parking structure may cover an additional 25% of the lot.
E. Lot area. The lot area delineated by lot lines shall not be less than the total area of the premises described in a lease agreement adopted by the Nassau County Board of Supervisors, but in no case less than three acres.
F. Floor area ratio. The maximum floor area ratio shall be 0.4. [Effective 4-29-1989]
G. Setbacks. No building or structure shall be located closer to a lot line than 50 feet.
H. Accessory parking. Notwithstanding the provisions of § 319 of the Building Zone Ordinance of the Town of Hempstead, off-street parking shall be provided as follows:
(1) Parking shall be provided on the premises or within 300 feet thereof.
(2) Parking shall not be located within 50 feet of an existing or proposed roadway, street, highway or parkway, nor within 25 feet of a lot line, including that portion of a parking space used for backup.
(3) Parking areas shall be substantially screened from view by walls and/or planting.
(4) One parking space shall be provided for each 250 square feet of floor area, except for warehouse portions of buildings where parking shall be provided at ratio of one space for every 1,000 square feet of floor area. Each parking space shall comply with all requirements of § 319D of this ordinance. All parking areas shall have sufficient self-contained drainage, adequate means of ingress and egress, suitable paving and adequate levels of lighting. The required parking spaces may be provided for in a parking facility located on the same lot or premises as the principal structure or on a lot within 300 feet of the perimeter of the lot upon which the principal structure is located. [Effective 7-15-1984; 4-29-1989; 9-12-1995]
I. Off-street loading. Off street loading spaces with a minimum size of 12 feet by 35 feet and a vertical clearance of 14 feet shall be provided, based on the floor area of the building, as follows: [Effective 4-29-1989]
J. Landscaping and utilities. All areas not used for structures, parking and loading areas or accessways shall be planted and maintained in grass, shrubs and trees in conformance with a landscape plan approved by the Town of Hempstead. All wiring, feed lines, energy sources (except solar) and all equipment accessory to all utilities shall be placed underground.
K. Application procedure.
(1) Any application made pursuant to the provisions of this section shall originate by an application to the Town Board.
(2) In the event that the Town Board approves said application, it may attach certain conditions to said approval, which conditions shall become an integral part thereof The Town Board may, by resolution, dispense in part with conformity with the provisions applicable to the Mitchel Field Office District I (MFO-I), and may impose safeguards and conditions as it may deem appropriate, necessary or desirable to promote the spirit and objectives of this section, including but not limited to restrictive covenants pertaining to the area defined in the petition for rezoning, including the site plan submitted on behalf of the application, together with other agreements, if any, in recordable form and running with the land.
