The intent of the retail districts is to define
the areas of the Village where retail uses can be located in accordance
with the Village of Islandia Comprehensive Plan and to provide appropriate
design standards for retail development.
A.
The intent of the Neighborhood Retail District is
to promote small freestanding convenience-related stores and enterprises
in locations which are convenient to resident populations in accordance
with the objectives and policies of the Comprehensive Plan of the
Village of Islandia.
B.
The intent of the Highway Commercial District is to
promote the redevelopment of parcels along highways which can be appropriately
developed for professional offices or small retail centers to meet
local needs.
C.
The intent of the Community Retail District is to
accommodate a community shopping center under specific location and
design requirements.
[Amended 2-1-1996 by L.L. No. 2-1996]
This table is provided at the end of this chapter.
This table is provided at the end of this chapter.
A.
The following accessory uses shall be permitted when
located on the same lot with the authorized use:
(1)
Private garage.
(2)
Building for storing products, merchandise or vehicles
incidental or accessory to the authorized use.
(4)
Other customary accessory uses, structures and buildings,
provided that such uses are clearly incidental to the principal use
and do not include any activity commonly conducted as a business.
B.
Any accessory building shall be located on the same
lot with the principal building, and no accessory building shall be
constructed on a lot until the construction of the principal building
has actually been commenced, and no accessory building shall be used
unless the principal building on the lot is completed and used.
C.
Wherever a use has been authorized by a special permit,
no accessory use shall be permitted unless the same shall have been
specifically authorized by the Board which authorized the use.
[Amended 2-1-1996 by L.L. No. 2-1996]
D.
Nothing herein contained shall be construed to permit
the outside storage of materials or merchandise.
E.
Nothing herein contained shall be construed to permit
drive-in or drive-through establishments.
[Added 12-4-1997 by L.L. No. 6-1997]
F.
Drive-through window service for restaurants may only be permitted
as an accessory use in the NR District, and only when specifically
authorized by a special permit issued by the Village Board of Trustees,
after a public hearing. A special permit for drive-through window
service for restaurants in the NR District shall only be considered
for properties that are not less than one acre in area and are located
with no portion of the property less than 300 feet from a residentially
zoned property. The Board of Trustees shall have the ability to impose
any conditions on the special permit as may be reasonable and appropriate,
and any conditions to the special permit shall be reflected as required
in covenants and restrictions satisfactory to the Village Attorney
that shall be recorded against the property at the cost of the applicant.
[Added 7-1-2014 by L.L. No. 3-2014]
Automobile service stations are subject to the
following additional conditions:
A.
An automobile service station shall be permitted in
a Neighborhood Retail District only and only when specifically authorized
by special permit from the Village Board after a public hearing.
[Amended 2-1-1996 by L.L. No. 2-1996; 7-10-1997 by L.L. No.
2-1997]
B.
Automobile service stations shall be subject to the
following additional requirements:
(1)
No building used as an automobile service station
shall be constructed within 50 feet of the property line upon which
said building fronts and shall have a minimum setback from the side
and rear lot lines of said property to the foundation wall of not
less than 15 feet. Where such yards adjoin a residential district,
such minimum setbacks shall be increased to 25 feet. Side yards shall
remain open and unobstructed, except for features of a landscape or
ornamental nature. No gasoline pump or any other unenclosed facility
shall be located within 35 feet of a property line.
(2)
All curb cuts shall be a minimum of 12 feet in width
if for one-way traffic and 24 feet in width if two-way, but not to
exceed 30 feet. There shall not be more than one curb cut for two-way
use nor two curb cuts for one-way use for each street frontage. Such
curb cuts shall not be closer than 50 feet to an intersection of two
streets and 15 feet to a side property line of an interior lot.
(3)
No automobile service station shall be located within
500 feet of any property upon which a church, school, library or municipal
facility exists nor shall an automobile service station be within
a distance of 500 feet of another automobile service station, and
the aforesaid distances shall be measured on a straight line from
the outer boundary line(s) between such properties.
(4)
The minimum street frontage shall be 100 feet.
(5)
All appliances, pits, storage areas and trash facilities
other than gasoline filling pumps or air pumps shall be within an
enclosed building. Gasoline filling pumps and air pumps shall be permitted
within the required front yard but shall be no closer than 35 feet
to any street or lot line. All lubrication, repair or similar activities
shall be performed in a fully enclosed building and no dismantled
parts shall be displayed outside of an enclosed building.
(6)
Pumps. A maximum of one pump island shall be allowed
for each 75 feet of frontage along any highway.
[Amended 2-1-1996 by L.L. No. 2-1996]
(7)
No junked motor vehicle or part thereof or motor vehicles
incapable of normal operation upon the highway shall be permitted
on the premises of any service station. No more than three motor vehicles
incapable of operation shall be located at any one time upon any premises
not within an enclosed building, and no more than three motor vehicles
may be located upon the premises outside of a building for a period
of time not to exceed five days, provided that the owners of said
motor vehicles are awaiting their repair or disposition.
(8)
Landscaping shall be provided in the front yard area
equal to at least 25% of the front yard area and such landscaping
shall be reasonably distributed throughout the entire front yard area.
(9)
Parking spaces shall be separated from the driveway
and general apron areas which give access to the gasoline and air
pumps and service areas. No designated parking space shall obstruct
access to such facilities.
C.
Accessory uses.
(1)
No accessory uses shall be permitted unless specifically
authorized pursuant to this section and by special permit from the
Village Board after a public hearing.
[Amended 2-1-1996 by L.L. No. 2-1996]
(2)
The following uses, supplying goods and services generally
required in the maintenance and operation of motor vehicles, are deemed
accessory to an automobile service station and shall be permitted,
provided that the requirements of this section are met:
(a)
Sale of products required in the maintenance
and operation of motor vehicles, provided that all storage of said
products and all display of said products are confined entirely to
the interior of a building or buildings located on said premises.
(b)
New and reconditioned tires, batteries and lubrication
items may be displayed outside during the times when said gasoline
service station shall be open for business, provided that the same
are displayed in movable or enclosable cabinets or racks designed
for the display of said merchandise. Overnight outdoor storage of
such enclosed cabinets or racks shall not be permitted.
(3)
A convenience store with an area of the greater of
400 square feet or 5% of the area of the lot but in no event greater
than 1,500 square feet shall be permitted as an accessory use only
when specifically authorized by the Village Board upon submission
of a separate special permit application for such special use after
a public hearing. "Area" for this purpose shall be the square footage
of the area of the first floor of the use, and no floor other than
the first floor shall be permitted for the conduct of the convenience
store business. There shall be no food preparation; however, appliances
for hot beverages and to reheat prepackaged prepared foods shall be
allowed.
[Amended 2-1-1996 by L.L. No. 2-1996; 4-6-1998 by L.L. No.
4-1998; 7-2-2013 by L.L. No. 9-2013]
D.
Prohibited uses. The following uses are prohibited
at premises whereat an automobile service station is located:
(1)
The sale or display of automobiles, boats, trailers
or other vehicles or similar equipment for sale or rent.
(2)
The use of bright-colored banners, whirling pennants
or other novelties.
(3)
The use of floodlighting and all other external neon
lighting after 10:00 p.m. other than necessary for the operation of
the gasoline service station. Flashlighting shall be prohibited at
all times.
(4)
All outdoor storage.
(5)
Outdoor repair work.
(6)
Outdoor automobile lifts.
(7)
Auto wrecking or dismantling of motor vehicles.
Community Retail Districts are subject to the
following additional conditions:
A.
Site restrictions. Any site designated as a Community
Retail District shall be not less than 25 acres with a minimum frontage
of 500 feet on a two-way highway of not less than four lanes.
B.
Height, area and buffer restrictions.
(1)
Building setbacks:
(a)
No building may be constructed within a front,
rear or side yard. There shall be only one front yard, that being
the portion of the site fronting on the four-lane or greater highway.
(b)
Driveways, parking spaces and loading area may
be located within front, side and rear yards subject to the limitations
described below:
[1]
Front yard. Parking shall not be permitted within
30 feet of the property line.
[2]
Side yard: Parking shall not be permitted within
five feet of the side property line. However, parking located along
a side property line which intersects with a four-lane highway shall
be set back at least 25 feet from that portion of the side property
line which is within 300 feet of a four-lane highway.
[3]
Rear yard. Parking shall not be permitted within
25 feet of the property line.
(2)
Maximum height. Forty-eight feet.
(a)
Height is determined from average finished grade
at the front property line measured to the top of the roof if a flat
roof, or to the midpoint of the slope if a sloped roof.
(b)
Rooftop equipment, screens, parapets, railings,
stair bulkheads and other appurtenances shall be permitted, but limited
to within 12 feet of the high point of the roof and shall have an
area not greater than 50% of the roof areas; provided that the same
area is not occupied or habitable.
(3)
Buffers.
(a)
Where a site borders on a residential zone,
a landscaped buffer area with a minimum depth of 25 feet shall be
provided. The area shall be bordered with a six-foot-high stockade
fence erected along the interior boundary of the buffer zone and shall
have buffer plantings consisting of evergreen trees, minimum two-inch
caliper, minimum eight feet high, planted on ten-foot centers in two
rows offset by five feet to create a staggered screen effect.
(b)
Buffer areas shall not be used for storage,
parking, loading, driveways, structures, wastewater recharge, drainage,
lighting, refuse containers or other accessory uses.
Community Retail Districts and Highway Commercial
Districts are subject to the following additional conditions:
A.
Architectural treatments. Representative architectural
elevation drawings for all proposed structures shall be submitted
to and approved by the Planning Board and shall include height, building
design, color, materials, signs and exterior mechanical equipment.
All exterior walls shall be completed with finished building materials
that shall provide for architecturally compatible building design.
B.
Sign criteria. All provisions of the Sign Ordinance[1] shall be complied with. In addition, in the case of multi-tenant
structures, a plan shall be submitted for Planning Board approval
showing all signs. They shall be uniformly compatible in terms of
design, color and materials and shall not be distracting to motorists.
C.
Design criteria. Any application within the Community
Retail District or Highway Commercial District shall include a development
plan for the entire subject parcel. The plan shall be submitted to
the Planning Board for approval and shall include the following criteria:
(1)
The bulk, location and height of all proposed structures
shall be indicated.
(2)
Adequate parking and access shall be provided.
(3)
Harmonious architectural treatment of all structures
and facilities, including materials, design concept and design relationships,
shall be demonstrated.
(4)
Common public spaces, pavement, furniture and landscaping
shall be provided.
(5)
Signs and lighting shall be harmoniously designed
and located.
(6)
All uses, except for food-service centers, shall be
functionally merged with a permitted use by a lobby, atrium or plaza.
(7)
The location of all service areas, dumpsters and loading
docks shall be compatible with the overall design of the site. Dumpsters
and compactors shall be located in areas screened from view and adequately
covered when not in use.
