In the Retail Business District, the following
regulations shall apply.
[Amended 5-24-1965; 5-17-1971; 8-16-1971]
A. No building shall be erected, altered or used and
no lot or premises shall be used except for one or more of the following
purposes:
(1)
Business and professional offices.
[Amended 3-5-2007 by L.L. No. 3-2007]
(2)
Municipal, educational or philanthropic uses.
(3)
Establishments engaged in the preparation, service
and/or sale of food, such as restaurants, catering establishments,
delicatessens and fast-food establishments to the exclusion of establishments
commonly known as "convenience stores."
[Amended 1-17-1983 by L.L. No. 2-1983; 9-8-2003 by L.L. No.
11-2003; 3-5-2007 by L.L. No. 3-2007]
(4)
Retail stores of all kinds, but not to include
open markets and/or flea markets.
[Amended 6-13-1994 by L.L. No. 4-1994]
(5)
Flower shops, greenhouses and conservatories.
(6)
Shoe repair shops and hat cleaning shop.
(8)
Professional or scientific or musical instrument
sales stores.
(9)
Radio, television and home appliance shops and
showrooms selling at retail only.
(10)
Banks or financial institutions.
[Added 3-5-2007 by L.L. No. 3-2007]
B. All uses permitted herein shall be conducted within
approved structures or buildings.
C. No uses or displays may be conducted in open areas,
public sidewalks or on unbuilt portions of the property, and open
storefronts are herewith prohibited.
D. Prohibited uses.
[Added 9-8-2003 by L.L. No. 11-2003]
(1)
Anything in this Code to the contrary notwithstanding, the sale of drug-related paraphernalia or any drug-related printed matter as defined in §
115-1 in this Code is prohibited.
(2)
Anything in this Code to the contrary notwithstanding,
tattoo parlors are prohibited.
[Amended 6-19-1978 by L.L. No. 8-1978; 5-11-1981 by L.L. No.
6-1981]
No building or part thereof within the Retail
Business District shall be erected or altered to a height greater
than two stories above the mean level of the curb. In no event shall
a building exceed the prescribed height as set forth hereinafter:
A. One-story building. Eighteen feet zero inches to the
high point of the roof above the mean level of the curb. A parapet
shall not exceed three feet zero inches above the high point of the
roof.
[Amended 10-7-1985 by L.L. No. 11-1985]
B. Two-story building. Twenty-one feet zero inches to
the high point of the roof above the mean level of the curb. A parapet
shall not exceed three feet zero inches above the high point of the
roof.
[Amended 10-7-1985 by L.L. No. 11-1985]
[Added 5-11-1981 by L.L. No. 7-1981]
As defined in §
265-1, mezzanines shall be permitted in a one-story building.
No building shall be erected on any plot in
the retail business district which has a frontage of less than 20
feet.
[Amended 5-1-1989 by L.L. No. 8-1989]
A. Front yards. A completely unobstructed front yard
setback of 20 feet shall be required in all cases, both with respect
to interior plots and corner plots.
B. Rear yards. A rear yard of not less than five feet
shall be required on both corner and interior plots. When any such
property located within the Retail Business District shall, at its
rear yard, abut a property within a residential zone or a property
used as residential, a rear yard setback shall be required of at least
25 feet.
C. Side yards. No side yards shall be required, except
that when any such property located within the Retail Business District
shall, at either side yard, abut a property within a residential zone
or a property used as residential, a side yard setback shall be required
where it so abuts such residential parcel only, of at least six feet.
All property comprising the Retail Business District shall be and is hereby declared to be within the fire limits of the Village as provided by §
95-2 of the Code of the Village of Cedarhurst and shall be subject to all the terms and provisions of that article as amended. All property within said district shall also be subject to all the provisions, rules and regulations of the building code of the Village of Cedarhurst; also the rules of the Village of Cedarhurst for plumbing, draining, etc., and to all other ordinances and enactments of the Village of Cedarhurst affecting real property within said Village.
The provisions of §§
265-25 through
265-30 of this chapter relating to the Board of Appeals as now constituted with amendments or as hereafter amended or as further to be amended by the addition of standards and guides for the Board of Appeals shall apply in full to the Retail Business District as herein provided for with the same force and effect as if herein fully set forth.
[Added 4-7-1986 by L.L. No. 10-1986]
A. No commercial building shall be erected or extended
or structurally altered unless a plan shall be submitted to the Village
setting forth a facility within the premises or enclosed and attached
to the building for the storage of garbage, rubbish or waste.
B. Said plan shall, where required, comply with Chapter
208, Sewers, for sewage and drainage.
C. Said plan shall include access for pickup of garbage,
rubbish or waste.
[Amended 5-24-1965; 5-17-1971; 8-16-1971; 10-7-1985 by L.L. No. 9-1985; 7-7-1986 by L.L. No.
20-1986]
On-site parking shall be required for each use hereinafter set forth (except for gasoline service stations). Such on-site parking to be provided shall be at the rate of one car for every 200 square feet of floor space. Car space and access driveway shall be as defined in §
265-96G.