[Amended 6-26-1979 by L.L. No. 13-1979[1]]
[1]
Editor's Note: This article is derived from
former Article V, Apartment and Business District, as amended 4-6-1936;
10-5-1939; 1-27-1941; 9-12-1945; 1-6-1948; 6-7-1949; 7-5-1949; 8-4-1953;
9-1-1953; 6-19-1962; 6-23-1962; 3-16-1964; 8-2-1965 and 5-22-1974.
This Article shall apply to the Business District.
No building may be erected, altered or used
and no lot or premises may be used, except for the following:
B.
Retail store.
[Amended 9-14-2011 by L.L. No. 2-2011]
C.
Office building, bank or financial institution; telephone
or telegraph business.
D.
Restaurant, bakery shop, confectionery shop or florist.
E.
Newspaper office or job printing, bookbindery, hand
laundry or express office.
F.
Shops for carpenter, plumber, upholsterer, electrician,
tinsmith, paperhanger, painter, tailor, dressmaker, milliner, shoemaker,
jeweler, watch- and clockmaker, optician, musical or scientific instruments
and other trades or uses of a similar grade.
G.
Any fabricating, treating, converting, finishing,
altering or assembling in connection with the aforesaid permitted
uses, and which is necessary, incident and accessory to the preparation
of articles to be sold primarily at retail on the premises or to the
performing of a service primarily for residents of the neighborhood,
and on a scale requiring not more than five operatives engaged on
such work and to an extent involving for such work not more than the
rear 3/4 of the entire first-floor space of the building.
J.
Office, studio or occupational room of a physician,
surgeon, dentist, lawyer, teacher, accountant, artist, architect,
professional engineer or any other professional person.
K.
Any use of the same general character as any of the
uses hereinbefore specifically permitted, when authorized as a variance
by the Board of Appeals.
[Added 9-14-2011 by L.L. No. 2-2011; amended 12-5-2019 by L.L. No. 13-2019]
A.
Office, service department, showroom, storage and parking facilities for the sale, leasing or rental of new and used automobiles, vans and trucks shall be permitted only when authorized as a special use by the Board of Trustees after the payment of a filing fee as set forth in Subsection B and a public hearing at which the following general standards are considered:
(1)
The purpose of zoning, as set forth in the Village Law of the
State of New York and uses permitted in the Business District.
(2)
Whether the proposed use is of such character, size, location,
design and site layout as to be appropriate to and in harmony with
the surrounding properties.
(3)
Whether the proposed use will provide a desirable service, facility
or convenience to the area or otherwise contribute to the proper growth
and development of the community.
(4)
Whether the proposed use will be hazardous, conflicting or incongruous
to the immediate neighborhood by reason of excessive traffic, assembly
of persons or vehicles.
(5)
Whether the proposed use will be of such nature as to be objectionable
to nearby residential dwellings by reason of noise, light, vibration,
odor, size, color or any other potential impact.
(6)
Whether use is appropriately located with respect to transportation
facilities, water supply, fire and public protection facilities, waste
disposal and similar facilities.
(7)
Whether off-street parking facilities are provided as specified
in this article or, if not, that they are adequate to handle expected
public attendance so as not to create a neighborhood nuisance.
(8)
Whether the neighborhood character and surroundings and property
values are reasonably safeguarded.
(9)
In the interest of preserving the balance of businesses and
ensuring the success of the proposed use, the applicant shall prepare
a narrative that demonstrates the market potential for the proposed
use or uses, and the location of similar-type facilities in the general
area. This information shall be used to estimate the likelihood of
success and potential economic viability for the new development.
(10)
The Board of Trustees shall impose appropriate conditions as
part of the issuance of a special use permit including, but not limited
to, the following:
(a)
All work shall be performed within a fully enclosed building.
(b)
The use shall comply with all applicable state and local regulations,
and the failure to obtain all required licenses, permits and approvals
or to comply with the requirements of such licenses, permits and approvals
shall result in the immediate termination of the special permit.
(c)
The maximum number of cars that can be stored as inventory or
parked for repairs or service, and the location of such storage or
parking areas.
(d)
The number and location of off-street parking spaces for employees,
customers and visitors.
(e)
The expiration of the special permit, which in no event shall
exceed five years.
(f)
An annual certification by the owner that the automotive use
is operating in compliance with the Board of Trustees' decision; such
certification shall include the names and addresses of the owner and
tenant, if any, of the premises.
B.
The filing fee for a special use permit shall be set forth in the
Zoning Fee Schedule established by resolution of the Board of Trustees.
Such Fee Schedule may thereafter be amended from time to time by like
resolution. Such fee schedule shall be available in the office of
the Village Clerk.
The aforementioned permitted uses shall not
be deemed to include the following, which are hereby designated as
prohibited uses and contrary to the predominantly private one-family
residential character of the Village and the health and welfare of
its residents:
A.
Supermarket or shopping center.
B.
Store or place of business for the sale or distribution
of any kind of food at retail for off-premises consumption.
C.
Discount house or place of business commonly referred
to as a "cut-rate store."
D.
Auction rooms.
E.
Store or place of business for the sale or exhibition
of pets, birds, live fish and animals of all kinds, or an animal hospital,
veterinary establishment or place for the boarding or keeping of pets,
birds and other animals.
F.
Bowling alley, billiard parlor or skating rink.
G.
Catering establishment.
H.
Motel.
I.
Nursing home.
J.
Luncheonette, diner or bar and grill. This prohibition,
however, shall not limit, affect or curtail the use of premises as
a bona fide restaurant selling or dispensing wines, liquors and beer
as permitted by law.
K.
Any open-front store or stand, except a nursery, or
any other open-front place of business, or any place of business which
maintains an outdoor display or storage of merchandise or food of
any kind.
L.
Vending machine and other similar mechanically coin-operated
device which automatically delivers goods or renders services of any
kind.
M.
Discotheque.
N.
Massage parlor or similar types of establishments.
O.
Off-track betting (OTB) parlor or any place or building
where the public is invited to bet or gamble in any form.
P.
Multiple dwelling or apartment house or residential
construction of any kind.
Q.
Department store.
R.
A public garage, automobile service station, automobile
repair shop, automobile storage building or place, except as off-street
parking facilities for vehicles or private garage facilities are expressly
otherwise required or permitted by this chapter, or any building or
place for the sale of gasoline or oil, except that an automobile sales
room may store and display automobiles for sale.
S.
Establishment dealing in secondhand articles, including
but not limited to old precious metals, coins, stamps, currency, firearms,
rifles, shotguns, cameras, business machines, musical instruments,
motors, electronic equipment or any items pledged in pawn; or that
deals in melting metals for the purpose of sale and the like, but
excluding automobiles and their parts, pianos, books, rugs, tapestries,
artists renditions, imported secondhand articles offered for first
sale within the country, returned items, antiques and the like. It
is the intent of this subsection to proscribe the establishment of
pawnshops and the like within the Village.
[Added 4-11-1983 by L.L. No. 3-1983]
A.
There shall be a rear yard, the depth of which shall
not be less than 15 feet.
B.
No building or any portion thereof shall be erected,
reconstructed or altered so as to project beyond a line parallel to
and 10 feet distant from the nearest street line on the street of
the Village known as Tain Drive, even if such building shall front
on other streets or highways intersecting such above-named street.
The provisions of this section shall not be applicable to Wensley
Drive and Merrivale Road.
[Amended 9-14-2011 by L.L. No. 2-2011]
None of the uses listed in § 60-41 of this article (except those listed in Subsections H and I) shall be permitted unless such use or business shall be conducted entirely within a building erected on such lot in conformity with the provisions of this chapter.
Every building shall face the street on which
the Business District fronts, namely Northern Boulevard, and every
business establishment in such building shall have its main and public
entrance or entrances on such street. Any other entrance to or exit
from such business establishment in a building built on a corner lot
shall be for service or emergency use only, and not for public use.
[Amended 12-5-2019 by L.L. No. 13-2019]
Upon the erection of a building on a lot in the Business District
adjoining a Residence AA, Residence A or Residence B District, there
shall be provided on the Business District property, for the full
width thereof, a landscaped area of at least six feet in depth, measured
from the boundary line between such districts, consisting of trees
and/or shrubs so located and of sufficient density as to effectively
screen the Business District property from the Residence District
property.
A.
In addition to said landscaped area, there shall be erected in the
rear of said Business District property a retaining wall with a brick
facade substantially similar to such walls now erected in the rear
of office building properties on Northern Boulevard. The said wall
shall be six feet higher than the level of the adjacent one-family
residential property as of the time of its construction. There shall
also be erected a retaining wall with a brick facade along the side
property line that abuts a street or public sidewalk. The height of
said wall shall be six feet.
B.
Any application for a building permit or certificate of occupancy
shall designate the trees and/or shrubs to be planted, and the brick
wall to be erected, and the location thereof. The plan for such planting
and wall and the character and the nature of such trees and/or shrubs
and wall shall be subject to the approval of the Building Inspector
and the Design Review Board. Such planting and brick wall shall be
continuously thereafter maintained so long as such building on the
Business District property shall stand.
C.
Such landscaped area shall not be included as part of the area required for off-street parking facilities by § 60-48 of this article, but may be considered as part of the rear yard.
D.
Walls and fences shall not be permitted in a front yard, on a front
property line or between two commercial parcels unless approved by
the Design Review Board.
[Amended 1-5-1995 by L.L. No. 5-1994; 4-3-2008 by L.L. No.
1-2008; 6-10-2010 by L.L. No. 5-2010; 3-6-2019 by L.L. No. 2-2019; 12-2-2021 by L.L. No. 4-2021]
A.
On any lot or premises used for nonresidential, commercial
or business uses, there shall be provided accessory and adequate off-street
parking spaces, open or enclosed, with sufficient entrance and access
roads, in conformity with the requirements set forth in the table
made a part hereof.
B.
If the use of any existing building or other structure
or zoning lot shall be enlarged, the same requirements set forth in
the said table shall apply to the enlarged portions of such building
or other structure or zoning lot.
C.
For the purposes of this chapter, a driveway shall
not be considered as off-street parking space and may not be used
for parking.
D.
Such parking area, including the entrance and access
roads, shall be paved with a hard surface pavement, and curb cuts
and sidewalk crossings shall be provided giving access to a public
street.
E.
The certificate of occupancy shall be contingent upon
the continuance of such parking area, and if it should, for any reason,
cease to be used and maintained for such purpose, or if the owner
of the building for which such certificate of occupancy was issued
should cease to own or control such parking area, the Village Board
may, upon notice to the applicant or the owner or occupant, for the
time being, of such building, and after giving him a reasonable opportunity
to be heard, cancel and revoke such certificate of occupancy or modify
the same, as circumstances may require.
F.
No vehicle
shall be parked or displayed on a sidewalk or within any portion of
the public right-of-way between the street and the abutting property
line, with the exception of egress driveways not obstructing sidewalks.
G.
No commercial
property or business shall display merchandise, items, vehicles or
materials outside the physical fence/structure.
H.
The following
table indicates the number of off-street parking spaces required for
nonresidential, commercial or business uses:
|
TABLE
OFF-STREET PARKING FOR NONRESIDENTIAL,
COMMERCIAL AND BUSINESS USES
| |
|---|---|
|
Type of Use
|
Parking Spaces Required in Relation to
Specified Unit of Measurement
|
|
Church or synagogue
|
1 per 5 fixed seats
|
|
Public school
|
1 per 25 fixed seats
|
|
Office building
|
1 for each 200 gross square feet of building
area
|
|
Medical office or other medical use
|
1 for each 150 gross square feet of floor area
|
|
Hospital, nursing home or clinic
|
1 for each 2 beds, plus 1 for each employee,
but in no event less than 1 for each 150 square feet of gross floor
area
|
|
Public art gallery and public museum
|
1 for each 200 gross square feet of building
area
|
|
Permitted retail stores with floor area in excess
of 2,000 square feet
|
1 for each 100 gross square feet of floor area
|
|
Permitted retail stores with floor area under
2,000 square feet
|
1 for each 200 gross square feet of floor area
|
|
Restaurant
|
1 for each 150 gross square feet of floor area
|
|
Auto showroom
|
1 for each 150 gross square feet of floor area
|
|
All other nonresidential, commercial and business
uses
|
1 for each 200 gross square feet of floor area
|
I.
In the Business and Apartment Zoning Districts, the width of access
aisles and length of parking spaces shall be measured perpendicular
to the direction of traffic flow in the access aisle, except for parallel
parking spaces. The length of the parking space, measured as described
above, shall be known as the "stall-to-curb dimension." The access
aisle shall be the pavement providing ingress to and egress from the
parking space, as well as general circulation in the parking area.
Stall-to-curb dimensions are defined in the tables below:
|
Option 1: Space Size: 9 Feet by 18 Feet
| ||
|---|---|---|
|
Parking Angle
(degrees)
|
Stall to Curb
(feet and inches)
|
Access Aisle Width
(feet)
|
|
30
|
16'10"
|
12
|
|
45
|
19'2"
|
13
|
|
60
|
20'2"
|
18
|
|
90
|
18'
|
24
|
|
Parallel Parking
| ||
|---|---|---|
|
Angle
|
Space Size
(feet)
|
Access Aisle Width
(feet)
|
|
0
|
9 x 23
|
12
|
|
Option 2: Space Size: 10 Feet by 20 Feet
| ||
|---|---|---|
|
Parking Angle
(degrees)
|
Stall to Curb
(feet and inches)
|
Access Aisle Width
(feet)
|
|
30
|
18'8"
|
12
|
|
45
|
21'3"
|
13
|
|
60
|
22'4"
|
18
|
|
90
|
20'
|
20
|
|
Parallel Parking
| ||
|---|---|---|
|
Angle
|
Space Size
(feet)
|
Access Aisle Width
(feet)
|
|
0
|
10 x 23
|
12
|
J.
Accessible parking requirements and other state or federal requirements
that are more restrictive shall supersede the regulations set forth
in this section.
