[Effective 7-29-2012]
A. Background.
(1) The Hempstead Turnpike commercial area in the Elmont portion of the Town of Hempstead extends from the Cross Island Parkway on the west to Lucille/Barrymore Avenues on the east. Along this approximately four-mile corridor, the pattern of development is varied and appears haphazard. Among other existing uses, it includes suburban-style shopping centers, with large expanses of parking in the front of retail stores, and a variety of auto-related uses, including gas stations and food establishments with small parking lots along the road frontage and with little, if any, buffering for residential properties behind the commercial uses. Additionally, there are areas along Hempstead Turnpike where commercial uses are tightly concentrated, with structures built up to the right-of-way line in a traditional downtown setting. In some areas, municipal parking is provided to serve these businesses. Belmont Park and some of its major parking fields are located at the western end of the corridor.
(2) Although all of the commercial uses have been zoned within one zoning district (X Business), the disparate land use pattern results in an uncoordinated image for the commercial corridor, without any consistency in development or overall aesthetic treatment.
(3) In 2008, the Town of Hempstead and the Elmont community completed the "Elmont Community Vision Plan" (the "Vision Plan"), a comprehensive vision for the Hempstead Turnpike corridor. Among the Vision Plan's recommendations was the development of contemporary zoning regulations for Hempstead Turnpike, including design guidelines and updated lot and bulk controls that would coordinate and guide future development, while recognizing the differing land use areas in the corridor.
B. Purposes and legislative intent.
(1) In response to the recommendation put forth in the Vision Plan, the Town of Hempstead herein enacts a new article of the Town of Hempstead Building Zone Ordinance, which will create a new overlay district to be known as the "Hempstead Turnpike - Elmont District (HT-E)." The primary purpose of the HT-E District is to implement the planning and design recommendations of the Vision Plan and to encourage a variety of land uses that are appropriate for various areas within the HT-E District.
(2) The HT-E District regulations are designed to build upon the strengths of the Elmont area, including the presence of Belmont Park and a diverse residential community that is within walking distance of many of the corridor's commercial establishments. The HT-E District regulations, as an overlay district, have been designed to minimize nonconformity with properties previously zoned X Business, since the HT-E District primarily focuses on new development and expansions of existing buildings that increase floor areas by greater than 10%.
This article shall be known and cited as the "Hempstead Turnpike - Elmont District (HT-E) Article."
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:
FAST-FOOD RESTAURANT - A restaurant other than a diner, lunch wagon, drive-in restaurant, drive-in luncheonette, drive-in counter, or drive-in refreshment stand, which sells prepared food over a counter and is characterized by a large carryout clientele, long hours of service, and high turnover rates for eat-in customers.
MIXED USE - A commercial use on the first or ground floor with residential use above.
MUNICIPAL BUILDING AND FACILITY - Buildings and structures of the Town of Hempstead, Nassau County, State of New York, or other governmental agency.
PHARMACY/DRUGSTORE - A retail facility that sells prescription and nonprescription medication- These facilities may also sell cosmetics, toiletries, medications, stationery, personal-care products, limited food products, and general merchandise.
A. Site approval. 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, as applicable.
B. Subdivision map. 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.
C. Excavations. No excavation for purposes other than the construction of a driveway, a walk, a permitted wall or a building, or part thereof or accessory thereto, or to remove topsoil from one part of the lands of an owner to another part of the same premises when such removal is necessary as an accessory use or is for the purpose of farming or improving said property, shall be made unless approved by the Board of Appeals.
D. Sewage disposal. No 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.
E. Interpretation; conflicts with other provisions.
(1) 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.
(2) 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.
F. Severability. 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.
G. Compliance with other standards. Notwithstanding any other provision of this article, a single-family or two-family detached dwelling and the lot or premises on which it is erected shall comply with the provisions of Article IX of this ordinance.
In an HT-E District the following regulations shall apply:
A. The area along Hempstead Turnpike designated HT-E is largely developed. As a result, the HT-E District has been designed as an overlay district, with its regulations applicable to new development, redevelopment, and building expansions which result in a ten-percent or greater increase in the building's floor area. For existing uses and expansions smaller than 10%, current X Business District regulations shall still apply. However, the Hempstead Turnpike - Elmont Design Guidelines shall apply to all development in the HT-E District, including existing development and expansions smaller than 10%, particularly where existing buildings are rehabilitated.
B. There shall be a Design Review Board for purposes of applying the Hempstead Turnpike - Elmont Design Guidelines, which shall be governed as follows:
(1) The Design Review Board shall consist of three employees of the Department of Buildings, appointed by the Town Board. Approval by the Design Review Board shall be necessary prior to the issuance of a sign permit or a building permit for new construction, additions to existing buildings and exterior alterations to existing buildings for properties located in the HT-E District.
(2) Such Design Review Board shall review applications for approval upon written submission from the applicant, unless the Board determines a meeting with the applicant and/or its representatives is additionally necessary. The Design Review Board shall, consistent with the Town Law, determine its own rules and procedures not inconsistent with this article.
(3) The Design Review Board shall have the powers granted by the Town Law and the power to approve, disapprove, or grant with conditions applications for Design Review Board approval for properties within the HT-E District. The Design Review Board shall render a written determination within 30 days of the filing of a completed application, with findings of fact.
(4) In reviewing applications, the Design Review Board shall substantially follow the criteria of the Hempstead Turnpike - Elmont Design Review Guidelines contained as an appendix to the Building Zone Ordinance.
(5) Any applicant aggrieved by the decision of the Design Review Board may appeal same to the Board of Appeals.
C. For purposes of this article, the HT-E District shall be divided into four subdistricts as indicated on the Zoning Map described in § 414 of this article and described below:
(1) Hempstead Turnpike - Elmont, Shopping Center (HT-E, SC), which includes the strip shopping area to the east of Elmont Road and School Street on the north side of Hempstead Turnpike, as well as the strip shopping area to the west of Butler Boulevard on the south side of Hempstead Turnpike.
(2) Hempstead Turnpike - Elmont, Neighborhood Center (HT-E, NC) which includes the area near the intersection of Hempstead Turnpike and Elmont Road/Plainfield Avenue.
(3) Hempstead Turnpike - Elmont, Gateway (HT-E, G), which encompasses the large Belmont Park parking lot located on the south side of Hempstead Turnpike adjacent to the Cross Island Parkway.
(4) Hempstead Turnpike - Elmont, Highway Business (HT-E, HB), which encompass areas not included in Subsection C(1), (2), and (3) above.
D. Note that Belmont Park, which is owned by the State of New York and which includes both the racetrack and associated parking fields, is currently zoned B Residence and shall remain zoned as such until the Town of Hempstead acquires zoning jurisdiction. Should such property be subject to the zoning jurisdiction of the Town of Hempstead, consideration shall be given to creating a new Gateway Zone that generates economic development through jobs and property tax revenue and considers the areas preference for the property, as set forth in the Vision Plan. Such a zone could permit a mixture of uses, including, but not limited to, hotel, entertainment, related commercial, and any uses ancillary to the racing uses at Belmont Park.
A. There is hereby established a Hempstead Turnpike - Elmont, Shopping Center Subdistrict. In the Shopping Center Subdistrict, buildings and structures may be erected, altered, or used and lots or premises may be used in accordance with the provisions of Subsections C to J.
B. Legislative purpose. The Shopping Center Subdistrict is conceived and enacted to allow larger-scale, suburban-style shopping centers in select locations along Hempstead Turnpike in Elmont. Such shopping centers typically contain large stores that serve a regional population rather than just a local population and, therefore, require a greater amount of parking. The Shopping Center Subdistrict recognizes these requirements, while being sensitive to the character of the rest of Hempstead Turnpike in Elmont and the surrounding residential neighborhoods.
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:
(1) Permitted uses:
(a) Retail trade and personal service.
(b) Restaurant.
(c) Professional office.
(d) Bank and financial institution.
(e) Theater, excluding drive-in.
(2) Special permit uses. The following special uses, when approved by the Board of Zoning Appeals or the Town Board, as applicable, are permitted:
(a) Public garage, as may be granted by the Town Board.
(b) Parking fields, either public or private, for the parking of passenger vehicles only, but not for display or sale of automobiles.
(c) Amusement-ride facilities on a temporary basis not to exceed 10 days' duration.
(d) Parking of automobiles in the minimum area required for the front yard setback.
(e) Religious uses; private educational uses.
(f) Dry cleaning and laundry.
(3) Accessory uses. Uses customarily incidental to permitted and special permit uses, including off-street parking, shall be permitted in the Shopping Center Subdistrict.
(4) Signs. Signs, which are categorized and authorized under the provisions of Article XXIV, are permitted, subject to general consistency with the Hempstead Turnpike - Elmont Design Guidelines.
D. Height. No building shall be greater in height than two stories and shall not exceed a maximum height of 30 feet.
E. Building coverage. The building area for new buildings or expanded buildings in the Shopping Center Subdistrict shall not exceed 25% of the lot area.
F. Floor area ratio (FAR). The maximum FAR for new buildings in the Shopping Center Subdistrict shall be 0.25.
G. Yard setbacks.
(1) Front yards.
(a) For buildings in the Shopping Center Subdistrict, there shall be a front yard, the depth of which shall be at least 20 feet back from the front property line(b) Notwithstanding the foregoing, a roof, mansard, awning, or similar projection not exceeding 24 inches into the required front yard setback shall be a permitted encroachment.
(2) Rear yards. For buildings or uses in the Shopping Center Subdistrict, there shall be a rear yard of at least 50 feet.
(3) Side yards. Where a Shopping Center Subdistrict abuts any residential district, there shall be a side yard of at least 25 feet along the residentially zoned area. There shall be no side yard required where a Shopping Center Subdistrict abuts any other district.
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 calculated in compliance with § 319 of this ordinance. Each parking space shall comply with all requirements of § 319D of this ordinance.
I. Building orientation. For freestanding buildings within the Shopping Center Subdistrict, especially those with drive-in facilities, the buildings shall be located closer to Hempstead Turnpike and shall locate automobile-related activities to the side or rear of the building in order to allow for maximum fenestration along Hempstead Turnpike and minimum conflicts with the movement of pedestrians through fewer curb cuts.
J. Fences. No fence or wall more than six feet in height may be erected without a permit and except when authorized by the Board of Appeals pursuant to Article XXVII hereof.
A. There is hereby established a Hempstead Turnpike - Elmont, Neighborhood Center Subdistrict. In the Neighborhood Center Subdistrict, buildings and structures may be erected, altered, or used and lots or premises may be used in accordance with the provisions of Subsections C to JB. Legislative purpose. The Neighborhood Center Subdistrict is conceived and enacted to promote a downtown setting at designated areas such as "Community Corners," the intersection of Hempstead Turnpike and Elmont Road/Plainfield Avenue. The mix of uses, including some larger and some smaller shops and offices, at that location follow a denser pattern that is geared towards the pedestrian and/or transit riders rather than the automobile and represent the center of the Elmont community and its various residential neighborhoods.
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.
(1) Permitted uses:
(a) Professional office.
(b) Bank and financial institution.
(c) Retail and personal services, including supermarkets.
(d) Restaurant, excluding a diner or drive-in.
(f) Mixed use, as defined in this article.
(2) Special permit uses. The following special uses, when approved by the Board of Zoning Appeals or the Town Board, as applicable, are permitted:
(a) Height greater than two stories or maximum of 30 feet, as may be granted by the Town Board, but not to exceed four stories in height or 60 feet.
(b) Parking fields, either public or private, for the parking of passenger vehicles only, but not for display or sale of automobiles.
(3) Accessory uses. Uses customarily incidental to permitted and special permit uses, including off-street parking, shall be permitted in the Neighborhood Center Subdistrict.
(4) Signs. Signs, which are categorized and authorized under the provision of Article XXIV, are permitted, subject to general consistency with the Hempstead Turnpike - Elmont Design Guidelines.
D. Height- No building shall be greater in height than two stories or a maximum of 30 feet, except that a maximum of four stories in height or a maximum of 60 feet shall be permitted, provided that the Town Board finds, upon application or as part of the site plan approval process, that the height of the building would not adversely affect adjacent residential uses.
E. Building coverage. The building area for new buildings or expanded buildings in the Neighborhood Center Subdistrict shall not exceed 90% of the lot area.
F. Floor area ratio (FAR). The maximum FAR for new buildings in the Neighborhood Center Subdistrict shall be 3.0.
G. Population density. For mixed-use buildings, each residential unit shall be of no less than 800 square feet in floor area, and there shall be no more than three units per story.
H. Yard setbacks.
(1) Front yards.
(a) To the greatest extent possible, a building should be situated as close to the property line as possible- Regardless, no front yard shall be greater than 20 feet.
(b) Notwithstanding the foregoing, a roof, mansard, awning, or similar projection not exceeding 24 inches into the required front yard setback shall be a permitted encroachment.
(2) Rear yards. For uses in the Neighborhood Center Subdistrict, there shall be a rear yard of at least 10 feet, provided that if a building is used in whole or in part as a dwelling, there shall be a rear yard the depth of which shall be at least 15 feet. The depth shall be increased five feet for each 12 feet or portion thereof by which the building exceeds 40 feet in height.
(3) Side yards. Where a Neighborhood Center Subdistrict abuts any residential district, there shall be a side yard of at least 25 feet along the residentially zoned area. There shall be no side yard required where a Neighborhood Center Subdistrict abuts any other district.
I. Accessory parking. Accessory off-street automobile parking spaces shall be provided on the same lot or premises or off the premises within 500 feet of such premises. Said parking may be public parking facilities owned and operated by the Town of Hempstead. The number of accessory parking spaces required shall be determined by the type of each included use and shall be calculated in compliance with § 319 of this ordinance, except that shared parking may be permitted where more than one type of use utilizes parking spaces at different times of the day, including restaurant and office uses, as well as supermarkets and commuter parking- Such a determination shall be made by the Town Board as part of site plan approval. Notwithstanding any shared parking, each parking space shall comply with all requirements of § 319D of this ordinance.
J. Fences. No fence or wall more than six feet in height may be erected without a permit and except when authorized by the Board of Appeals pursuant to Article XXVII hereof.
