(Reserved for future use.)
A. There is hereby established a Hempstead Turnpike - Elmont, Highway Business Subdistrict. In the Highway Business 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 I.
B. Legislative purpose. The Highway Business Subdistrict is conceived and enacted to enhance the strip commercial development that characterizes the majority of the Hempstead Turnpike corridor. These uses tend to be automobile-oriented, including fast-food restaurants and automobile-related uses, but often do not contain ample on-site parking and rely on curbside parking along Hempstead Turnpike or side streets. The small size of typical lots, their adjacency right up against residential neighborhoods, and the automobile-oriented nature of the uses can adversely impact upon quality of life in the nearby residential areas. The Highway Business Subdistrict, therefore, seeks to maintain viable and successful businesses along Hempstead Turnpike, while being sensitive to 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) Professional office.
(c) Bank and financial institution.
(d) Restaurant, excluding drive-in.
(e) Recreational use, public and private.
(f) Carpenter, hand cabinetmaking, furniture repair and upholstery shop, electrical shop, hand metalworking, blacksmith, tinsmith, new and unused plumbing, pet shop, gas, and steam and hot-water fitting shop.
(g) Hand laundry, custom tailoring, hand dressmaking, shoemaking, and repairing.
(h) Undertaking and embalming.
(k) Club, fraternity house, and lodge.
(2) Special permit uses. The following special uses, when approved by the Board of Appeals or the Town Board pursuant to § 272 of the Building Zone Ordinance of the Town of Hempstead, are permitted: [Effective 5-29-2014]
(a) Storage warehouses; express depots or yards; merchandise receiving or distributing depots or yards; storage of motor vehicles, boats, contractors' equipment, motor trucks or buses when not accessory to premises used primarily for the sale thereof; yards for storage or sale of coal or building materials.
(b) Newspaper or job printing or bookbinding.
(c) Places of amusement or public assembly. However, the grant of any cabaret use by the Board of Zoning Appeals shall be limited to the specific cabaret use applied for and approved by the Board of Zoning Appeals and no other cabaret use. This section shall apply to any cabaret use hereafter or previously granted by the Board of Zoning Appeals. For purposes of this section, the term "cabaret" shall be the same as defined in Chapter 96 of the Code of the Town of Hempstead.
(d) Stores or salesrooms or open lots for the display or sale of used automobiles, whether or not maintained in connection with the sale or display of new automobiles.
(e) Storage, sale or distribution of ice, coal, new or used lumber, used plumbing material or fittings, used household equipment or materials, used automotive parts, equipment or supplies, and live poultry.
(f) Bowling alleys.
(g) Stores or shops for the sale of food, refreshments or other edibles or drink, which provide or make available any facility (including but not limited to parking or standing space on the premises for vehicles) for or permits the consumption of such food, refreshments or other edibles or drink on the premises outside the building or structure occupied by such store.
(h) Hotels and motels.
(i) Machine-operated laundry or dry-cleaning establishments, whether the machinery is operated or controlled by personnel of the establishment or by customers thereof.
(j) Day camps.
(k) Diners, lunchwagons, drive-in restaurants, drive-in luncheonettes; drive-in lunch counters or drive-in refreshment stands.
(l) Any use of the same general character as any of the uses expressly permitted in the Hempstead Turnpike - Elmont, Highway Business Subdistrict.
(m) Accessory uses on the same lot with and customarily incidental to any use expressly permitted in the Hempstead Turnpike - Elmont, Highway Business Subdistrict.
(3) Accessory uses. (Reserved) [Effective 5-29-2014]
(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, except that on lots that contain two or more acres and have a lot depth in excess of 100 feet, no building shall exceed four stories in height or a maximum of 60 feet, provided that the Town Board finds, 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 Highway Business Subdistrict shall not exceed 40% of the lot area.
F. Floor area ratio (FAR). The maximum FAR for new buildings in the Highway Business Subdistrict shall be 0.4.
G. Yard setbacks.
(1) Front yards.
(a) Except as otherwise provided in Subsection G(1)(d) of this section, the required front yard depth shall he the same as the average front yard depth of the existing buildings within 200 feet on each side of the lot and within the same use district or, if there are less than two existing buildings on the same side of the street, the average front yard depth of existing buildings within 200 feet on each side directly opposite the lot in the same use district. In any case, no front yard shall be required to have a depth greater than 20 feet.
(b) Except as otherwise provided in Subsection G(1)(d) of this section, in the case of a corner lot a front yard shall be required on each street, and notwithstanding the foregoing, each such front yard shall be not less than 10 feet.
(c) Where a building is not controlled by Subsection G(1)(a) or (d) of this section, there shall be a front yard the depth of which shall be at least 10 feet back from the front property line.
**Webmasters Note: The previous subsections, C(2) through G(1)(c), have been amended as per Supplement No. 41.
(d) 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 Highway Business 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 Highway Business 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 Highway Business 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. 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.
In furtherance of the implementation of this article, and to specifically identify the particular areas within Elmont placed into the overlay HT-E District and four subdistricts established herein, a particular zoning map dated December 26, 2011, and revised February 1, 2012, prepared by Carman-Dunne, P.C., and entitled "Hempstead Turnpike - Elmont Rezoning Map," has been filed in the office of the Town Clerk, and in all other places required by law or otherwise for the filing of zoning maps of the Town. This map is incorporated herein by reference. It identifies the areas in the overlay HT-E District and subdistricts, and upon the effective date of this article, it shall apply in those areas to the extent provided in this article or otherwise at law.
Being Part of Chapter 634 of Laws of 1932 of the State of New York, as amended
