The commercial districts established in this article are designed
to provide a suitable character and stable environment for the provision
of commercial goods and services within the community and to promote
and protect the public health, safety and general welfare. The purpose
of these districts includes, among others, the following specific
goals:
A.
To provide sufficient space, in appropriate locations, for various
types of commercial and miscellaneous service activities, in order
to meet the consumer needs of the Town of Hamlin's present and
future populations.
B.
To provide sufficient space, in appropriate locations in proximity
to residential areas, for local or neighborhood retail development
catering to the regular shopping needs of the occupants of nearby
residences.
C.
To encourage large-scale residential developments to contain convenience-type
markets, multipurpose retail and personal service shops when not available
in the immediate area.
D.
To provide sufficient space, in appropriate locations throughout
the Town, to satisfy the needs of larger-scale retail developments,
including the need for off-street parking spaces in areas to which
a large proportion of shoppers come by automobile, and the need for
landscaping and buffering of commercial areas; and to encourage the
natural tendency of such retail developments to concentrate in certain
areas, to the mutual advantage of both consumers and merchants.
E.
To protect retail development and nearby residences against fire,
explosions, toxic and noxious matter or other safety and environmental
hazards, offensive noise, vibration, smoke, odors, heat, humidity,
glare and other objectionable influences.
F.
To protect both local retail development and nearby residences against
congestion, particularly in areas where the established pattern is
predominantly residential but may include local retail uses, by regulating
the intensity of such development, restricting the types of establishments
which generate heavy traffic to locations along major Town streets
or highways, and by providing for off-street parking and loading facilities.
G.
To provide for access of light and air to windows, to provide for
privacy as much as possible and to provide for adequate fire protection
by controlling the spacing, location and heights of buildings and
other structures, and to provide for adequate access to sunlight and
to wind for solar energy and wind-powered devices or structures.
H.
To discourage strip commercial development along major Town roads
and in rural areas.
I.
To provide for the maintenance of the general aesthetic character
and integrity of commercial areas by limiting construction, development
and certain types of activities in required front, side and rear yards.
J.
To provide for the proper review and consideration by the Town Planning
Board and Town Board of proposed developments in certain areas of
the Town and for certain types of uses.
K.
To provide for the ordered, economic growth and development of the
Town through the establishment of viable commercial activities and
uses that will contribute to employment opportunities within the Town
and help protect the Town's tax revenue base.
A.
Permitted uses.
(2)
Principal uses permitted subject to site plan approval by the Planning
Board.
(a)
Public school, public college, university or similar public
educational uses accredited by the New York State Department of Education.
(b)
Municipally owned and operated buildings or structures and other
strictly governmental uses or activities.
(c)
Churches or similar places of worship or religious institutions.
(d)
Business and professional offices, including but not limited
to medical and dental offices and clinics, offices for attorneys,
architects, engineers and accountants, real estate and insurance offices,
all excluding any overnight occupancy or warehousing areas.
(e)
Employment agencies.
(f)
Banks and drive-up teller windows or islands.
(g)
Artists or performing arts studios; photography studios.
(h)
Dressmaking, millinery shops, tailor shops or shoe repair shops.
(i)
Barbershops, beauty shops or hair salons.
(j)
General neighborhood retail sales, including but not limited
to such uses as drugstores and pharmacies, clothing and shoe stores,
hardware stores and photographic supply stores.
(k)
Grocery stores, delicatessens or other convenience-type food
stores, liquor stores, donut shops or bakeries.
(l)
Boutiques and specialty shops, bookstores, florists, card or
gift shops, candy stores or secondhand clothing stores.
(m)
Neighborhood service-oriented uses, including but not limited
to laundromats, dry-cleaning establishments or photographic services.
(n)
Private clubs or camps, private membership clubs, lodges or
fraternal organizations, neighborhood or community centers, YMCA or
YWCA or similar uses.
[Added 9-20-1994 by L.L. No. 3-1994[1]]
(o)
Private school, private college, university or similar private
education uses accredited by the New York State Department of Education.
[Added 9-20-1994 by L.L. No. 3-1994]
(p)
Private nursery schools or day-care centers or similar private
educational uses accredited by the New York State Department of Education.
[Added 9-20-1994 by L.L. No. 3-1994]
(q)
Licensed hospitals, rest homes or homes for the aged.
[Added 9-20-1994 by L.L. No. 3-1994; amended 2-10-1997 by L.L. No.
1-1997]
(r)
Public utility buildings or structures, including electrical
substations.
[Added 9-20-1994 by L.L. No. 3-1994]
(s)
Mortuaries and funeral homes.
[Added 9-20-1994 by L.L. No. 3-1994]
(t)
Sit-down restaurants.
[Added 9-20-1994 by L.L. No. 3-1994]
(u)
Neighborhood shopping centers containing less than 50,000 square
feet of gross floor area.
[Added 9-20-1994 by L.L. No. 3-1994]
(v)
Gasoline stations, including self-service gasoline stations, subject to the provisions of § 520-50 and car washes, muffler shops, transmission shops or other vehicle repair service facilities.
[Added 9-20-1994 by L.L. No. 3-1994]
(w)
Other uses not specifically listed above but deemed by the Planning
Board to be similar in nature and compatible with the uses permitted
in a C-NB District.[2]
[Added 9-20-1994 by L.L. No. 3-1994]
[2]
Editor's Note: Original § 125-25A(2)(x), In-law
apartments, added 9-20-1994 by L.L. No. 3-1994, which immediately
followed this subsection, was repealed 7-12-2010 by L.L. No. 1-2010.
(x)
High-tech/light manufacturing uses that are completely contained
within a building and emitting no external noise, odor, vibration,
smoke, dust, heat or glare that would impact adjacent uses; such use
will not exceed 15,000 square feet.
[Added 2-10-1997 by L.L. No. 1-1997]
(2.1)
Modification of approved site plan because of change in use.
[Added 7-9-2018 by L.L.
No. 4-2018]
(a)
Pursuant to the provisions regarding site plan approval process (see § 520-65J of this chapter), certain requirements for site plan approval may be waived if an applicant merely proposes to change a use permitted pursuant to a site plan previously approved by the Planning Board to another use which is also permitted subject to site plan approval in the C-NB District.
(4)
Accessory uses:
(c)
Radio, television, satellite dishes or citizens band antennas, subject to the restrictions in § 520-33.
(d)
Windmills, wind turbines, wind chargers or similar wind energy conversion systems (WECS), subject to the restrictions of § 520-35.
(e)
Small-scale solar energy systems subject to the specific provisions set forth in § 520-36 of this chapter.
[Amended 5-8-2017 by L.L.
No. 3-2017]
(j)
Swimming pools if accessory to a single-family dwelling.
[Added 8-11-2008 by L.L. No. 5-2008]
B.
Dimensional requirements.
(2)
Minimum front, side and rear yard setbacks.
(a)
Minimum front setback: 70 feet.
(b)
Minimum side setback: 10 feet, except where a side lot line
abuts a residential district, whereby no building shall be closer
to such lot line than 25 feet or a distance equal to the height of
the commercial building, whichever is greater.
(c)
Minimum rear setback: 30 feet, except where a rear lot line
abuts a residential district, whereby no building shall be closer
to such lot line than 30 feet or a distance equal to the height of
the commercial building, whichever is greater.
(d)
Minimum side yard (not front yard) on corner lot: 30 feet.
(e)
With respect to any structure existing prior to September 1, 1991,
the least distance from the front line of the lot to the front building
line shall constitute the minimum front setback required for any modification,
alteration or addition to said structure.
[Added 8-14-2000 by L.L. No. 3-2000]
(3)
(4)
Maximum lot coverage with impervious surface shall be 66%.
C.
Additional regulations and requirements.
(1)
Landscaping and buffering between principal uses and between commercial or residential districts which border each other shall be required in accordance with the provisions of § 520-45.
(4)
All principal uses permitted within a C-NB Commercial District shall
be subject to the following restrictions and/or additional requirements:
(a)
No offensive odor, noise, vibration, smoke, dust, heat or glare
that impacts neighboring property shall be produced on the premises
at any time.
(b)
In order to maintain the neighborhood scale and orientation of principal uses permitted within the C-NB Commercial District, no such use shall exceed 15,000 square feet of gross ground floor building area without a special use permit approval by the Planning Board, with the exception of a neighborhood shopping center as permitted in Subsection A(2)(u) above.
(5)
All publicly accessible establishments will comply with regulations
promulgated under Title III of the Americans with Disabilities Act
of 1990, which is effective January 26, 1992.
(6)
Septic systems shall be subject to current Monroe County health regulations
as outlined on the dimensional chart requirements.
[Added 9-20-1994 by L.L. No. 3-1994]
A.
Permitted.
(2)
Principal uses permitted subject to site plan approval by the Planning
Board:
[Amended 3-4-1992 by L.L. No. 2-1992]
(a)
Public school, public college, university or similar public
educational uses accredited by the New York State Department of Education.
(b)
Municipally owned and operated buildings or structures and other
strictly governmental uses or activities.
(c)
Business and professional offices, including but not limited
to medical and dental offices and clinics, offices for attorneys,
architects, engineers and accountants, and real estate and insurance
offices, all excluding any overnight occupancy or warehousing areas.
(d)
Employment agencies.
(e)
Banks and drive-up teller windows or islands.
(f)
Artists, performing arts studios or photography studios.
(g)
Dressmaking, millinery shops, tailor shops or shoe repair shops.
(h)
Barbershops, beauty shops or hair salons.
(i)
General retail sales, including but not limited to department
and discount stores, drugstores and pharmacies, clothing and shoe
stores, hardware, garden and home supply stores, furniture and home
appliance stores, or photographic supply stores.
(j)
Grocery stores, delicatessens, or other convenience-type food
stores, liquor stores, donut shops or bakeries.
(k)
Boutiques and specialty shops, bookstores, florists, card or
gift shops, candy stores or secondhand clothing stores.
(l)
Neighborhood service-oriented uses, including but not limited
to laundromats, dry-cleaning establishments or photographic services.
(m)
Commercial schools such as barber, beauty, art or dancing schools,
driver education schools and similar uses.
(n)
Private clubs or camps, private membership clubs, lodges or
fraternal organizations, neighborhood or community centers, YMCA or
YWCA or similar uses.
[Added 9-20-1994 by L.L. No. 3-1994[1]]
(o)
Private school, private college, university or similar private
educational uses accredited by the New York State Department of Education.
[Added 9-20-1994 by L.L. No. 3-1994]
(p)
Private nursery schools or day-care centers or similar private
educational uses accredited by the New York State Department of Education.
[Added 9-20-1994 by L.L. No. 3-1994]
(q)
Licensed hospitals, rest homes or homes for the aged.
[Added 9-20-1994 by L.L. No. 3-1994; amended 2-10-1997 by L.L. No.
1-1997]
(r)
Commercial greenhouses or plant nurseries or similar commercial
agricultural uses involving retail sales.
[Added 9-20-1994 by L.L. No. 3-1994]
(s)
Public utility buildings or structures, including electrical
substations.
[Added 9-20-1994 by L.L. No. 3-1994]
(t)
Mortuaries and funeral homes.
[Added 9-20-1994 by L.L. No. 3-1994]
(u)
Sit-down restaurants, fast-food service restaurants, bars, taverns
or other eating or drinking establishments.
[Added 9-20-1994 by L.L. No. 3-1994]
(v)
Gasoline stations, including self-service gasoline stations, subject to the provisions of § 520-50, and car washes, muffler shops, transmission shops or other vehicle repair services or facilities.
[Added 9-20-1994 by L.L. No. 3-1994]
(w)
Shopping centers and malls.
[Added 9-20-1994 by L.L. No. 3-1994]
(x)
Amusement, entertainment or recreation centers or facilities,
including but not limited to archery ranges, amusement parks, commercial
beach house, ice-skating or roller skating rinks, movie theaters and
drive-ins, miniature golf courses and practice driving ranges, golf
courses, tennis or racquetball clubs, health or fitness clubs, bowling
alleys, pool halls and video game arcades.
[Added 9-20-1994 by L.L. No. 3-1994]
(y)
Animal hospitals.
[Added 9-20-1994 by L.L. No. 3-1994]
(z)
Motels and hotels.
[Added 9-20-1994 by L.L. No. 3-1994]
(aa)
Rentals of trucks, trailers or other vehicles.
[Added 9-20-1994 by L.L. No. 3-1994]
(bb)
Public parking garages or commercial parking areas.
[Added 9-20-1994 by L.L. No. 3-1994]
(cc)
Lumberyard or building materials yard, contractor's equipment
storage yard or similar use.
[Added 9-20-1994 by L.L. No. 3-1994]
(dd)
Warehouse or storage buildings, mini-warehouses or similar uses.
[Added 9-20-1994 by L.L. No. 3-1994]
(ff)
Other uses not specifically listed above but deemed by the Planning
Board to be similar in nature and compatible with the purposes of
the C-GB District.[3]
[Added 9-20-1994 by L.L. No. 3-1994]
[3]
Editor's Note: Original § 125-26A(2)(ff), In-law
apartments, added 9-20-1994 by L.L. No. 3-1994, which immediately
followed this subsection, was repealed 7-12-2010 by L.L. No. 1-2010.
Original § 125-26A(2)(gg), Bed-and-breakfast, added 9-20-1994
by L.L. No. 3-1994, was repealed 2-11-2008 by L.L. No. 2-2008.
(gg)
High-tech/light manufacturing uses that are completely contained
within a building and emitting no external noise, odor, vibration,
smoke, dust, heat or glare that would impact adjacent uses.
[Added 2-10-1997 by L.L. No. 1-1997]
(2.1)
Modification of approved site plan because of change in use.
[Added 7-9-2018 by L.L.
No. 4-2018]
(a)
Pursuant to the provisions regarding site plan approval process (see § 520-65J of this Chapter), certain requirements for site plan approval may be waived if an applicant merely proposes to change a use permitted pursuant to a site plan previously approved by the Planning Board to another use which is also permitted subject to site plan approval in the C-GB District.
(3)
(4)
Accessory uses:
(c)
Radio, television, satellite dish or citizens band antennas, subject to the restrictions in § 520-33.
(d)
Windmills, wind turbines, wind chargers or similar wind energy conversion systems (WECS), subject to the restrictions of § 520-35.
(e)
Small-scale solar energy systems subject to the specific provisions set forth in § 520-36 of this chapter.
[Amended 5-8-2017 by L.L.
No. 3-2017]
(j)
Swimming pools if accessory to a single-family dwelling.
[Added 8-11-2008 by L.L. No. 5-2008]
B.
Dimensional requirements.
(2)
Minimum front, side and rear yard setbacks.
(a)
Minimum front setback: 70 feet.
(b)
Minimum side setback: 10 feet, except where a side lot line
abuts a residential district, whereby no building shall be closer
to such lot line than 25 feet or a distance equal to the height of
the commercial building, whichever is greater.
(c)
Minimum rear setback: 30 feet, except where a rear lot line
abuts a residential district, whereby no building shall be closer
to such lot line than 30 feet or a distance equal to the height of
the commercial building, whichever is greater.
(d)
Minimum side yard (not front yard) on corner lot: 30 feet.
(e)
With respect to any structure existing prior to September 1, 1991,
the least distance from the front line of the lot to the front building
line shall constitute the minimum front setback required for any modification,
alteration or addition to said structure.
[Added 8-14-2000 by L.L. No. 3-2000]
(3)
(4)
Maximum lot coverage with impervious surface shall be 75%.
C.
Additional regulations and requirements.
(1)
Landscaping and buffering between principal uses and between commercial and residential districts which border each other shall be required in accordance with the provisions of § 520-45.
(3)
All principal uses permitted within a C-GB Commercial District shall
be subject to the following restrictions and/or additional requirements.
(a)
Any of the uses permitted in this section that require the use
of an area other than within an enclosed building for their best utilization
may be conducted in whole or in part outside of such building, subject
to special use permit approval by the Planning Board.
(b)
No offensive odor, noise, vibration, smoke, dust, heat or glare
that impacts neighboring property shall be produced on the premises
at any time.[7]
[7]
Editor's Note: Former Subsection C(3)(c), which immediately
followed this subsection and dealt with service activities which generate
objectionable noise, was repealed 5-13-1996 by L.L. No. 4-1996.
(4)
All publicly accessible establishments will comply with regulations
promulgated under Title III of the Americans with Disabilities Act
of 1990, which is effective January 26, 1992.
