[Effective 6-26-1987]

The Town Board recognizes the unique and fragile nature of the oceanfront along the Atlantic Ocean on Long Beach Island. The Town Board is mindful of the existing municipal and recreational uses at the eastern end of the island, and it believes that such similar uses as they presently exist should be continued along the waterfront on the western end of the island both within and without the Incorporated Village of Atlantic Beach. Furthermore, the Town Board is desirous of conserving and protecting the natural beauty, scientific and historic resources of this area. The Town Board additionally notes both the established character of the area which is public and private beach clubs and vacant land, and the variety of federal, state, town and private actions which combine or will combine to maintain the existing area character. Therefore, the Town Board believes that this amended Article XXI is in the public interest and will promote the utilization of land for the purposes for which it is most appropriate and especially suited.

In a Marine Recreation District (MC), buildings and structures may be erected, altered or used and lots or premises may be used in accordance with the provisions of this article.

A.building or structure may be erected, altered or used and a lot or premises may be used for the following purposes and no other:

A. Private or commercial beach clubs, excluding day camps, no part of which shall be designed or used for lodging or sleeping.

B. Private or commercial bathing and swimming facilities, including cabanas and lockers, no part of which shall be designed or used for lodging or sleeping.

Accessory uses on the same lot with and customarily incidental to any of the above-permitted uses are permitted. This shall be understood to include:

A. Restaurants, beauty salons, barbershops and court or other similar game facilities only as accessory uses.

B. Places of amusement or public assembly when conducted entirely within a building and when permitted by the Board of Zoning Appeals only as an accessory use and as provided in Article XXVII of this ordinance.

No building or structure may be erected, altered or used and no lot or premises may be used except in conformity with the following regulations:

A. Minimum lot area and frontage. No building or structure shall be erected, altered or used except on a lot having a minimum area of 15,000 square feet and having a minimum frontage of 150 feet on a public highway and 150 feet on a waterway.

B. Front, side and rear yards. Each improved lot shall have a front yard setback of not less than 25 feet and side yards of not less than 10 feet for each yard. The rear yard is defined to be the open space contiguous to the southerly or shoreline side of each parcel and extending across the entire width of same. There is no required rear yard depth for the purpose of this subsection. However, all other applicable restrictions affecting this area shall continue with full force and effect.

C. Buildable land, excavations and fill. No building, structure or improvement shall be erected, altered or used but on buildable land. "Buildable land" is land within a Marine Recreation (MC) Use District, which has a grade of four feet above mean sea level, Nassau County datum, which is not defined as tidal wetlands by Article 25 of the Environmental Conservation Law of the State of New York and which is not otherwise restricted by any other provision of law or instrument of record. Buildable land shall not be created by fill which is obtained anywhere within a Marine Recreation District. Except for either landscaping done pursuant to an approved site plan or excavating to construct a permitted driveway, parking lot, walk, wall or building or part thereof or accessory thereto, the following actions are strictly prohibited unless approved by the Board of Zoning Appeals:

(1) The removal of any top soil, sand or other natural surface covering from either one part of the lands of an owner to another part of the same premises or removal completely from the premises.

(2) The filling of any parcel.

D. Height. No building or structure shall be erected, altered or used which has more than two stories with a maximum height of 35 feet or is more than 35 feet in height.

E. Signs. Notwithstanding any other provision of this ordinance, each club may have one sign not larger than eight square feet, bearing only the club or facility name.

F. Special uses. Special uses when approved by the Board of Zoning Appeals pursuant to § 272 are permitted.

G. Off-street parking. The accessory parking regulations specified in § 319A(3) shall be complied with; provided, however, that such basic requirement shall be increased by the applicable accessory parking regulation for each such additional accessory use which may be permitted as a special use by the Board of Zoning Appeals. Private or commercial bathing and swimming facilities providing only lockers and shared shower and sanitary facilities shall comply with the accessory parking requirements of § 319A(7).

H. Access driveway. No access driveway to any parking area shall be nearer than 50 feet to any premises zoned for residential use.

I. Swimming pools. No aboveground pools are permitted. All swimming pools shall be in-ground, of permanent construction and shall comply with the provisions of §§ 164B(2), 252, 253 and 254 of this ordinance.

J. Cabanas and lockers. Cabanas and lockers shall not exceed eight feet in height and 700 cubic feet in total size. Such units may be equipped with the following appliances and appointments: water closet, lavatory, shower, kitchen sink and refrigerator and no other and shall only be used for the purposes of showering and dressing in conjunction with the use of the ocean, swimming pool or other club facilities. The Department of Buildings may use any reasonable means to determine that the above-limited uses are being complied with, including the requirement of the submission by the cabana or locker owner or user of an affidavit stating that the statutory requirements are being complied with.

K. Recreational court facilities. Court games shall not be constructed in the required yards. Loudspeaker devices shall be prohibited. Lighting installed in connection therewith shall not throw any rays beyond property lines of the building plot.

L. Sewage disposal. No building or use shall be permitted unless provided with municipal sewage disposal facilities or unless an independent sewage disposal system has received prior approval by the Nassau County Department of Health.

A. Nonconforming structures and uses shall be regulated as provided by Article II of this ordinance. Legal nonconforming uses in existence on the effective date of this amendment not in compliance with the applicable accessory off-street parking requirements of § 319A shall not be required to comply with same as a condition for the continuation of the existing legal nonconforming use. The provisions of § 319B shall continue to apply.

B. Notwithstanding any other provisions of this ordinance, including Article II, legal nonconforming uses as defined in Article II that are in existence on the effective date of this amendment may be repaired, replaced or continued either totally or partially and shall not be required to comply with the requirements of this amendment. However, such repair, replacement, or continuation shall not increase the density of the use and shall be in the same location and of the same dimensions of the prior use.

Notwithstanding the size of the parcel involved, every application for a building permit in the Marine Recreation District (MC) shall comply with the requirements of § 305 of this ordinance, entitled "Site plans."

A.structure shall not be constructed over, into, or in any waterway of the Town of Hempstead unless and until there is compliance with the provisions of Chapter 168 of the Code of the Town of Hempstead relating to structures in waterways.