In the C-2 District, the following regulations
shall apply.
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:
[Added 12-1-1999 by L.L. No. 13-1999]
A. For the period commencing on the effective date of
Local Law 13 of 1999 and ending on the effective date of Local Law
8 of 2003, the Board of Trustees shall not consider, grant, approve,
or issue a building permit, permit of compliance or conditional use
permit which would authorize the use of any building, structure or
premises in the Village's C-2 Zoning District as a multiple dwelling.
[Amended 11-15-2000 by L.L. No. 10-2000; 12-18-2002 by L.L. No. 6-2002; 7-2-2003 by L.L. No. 4-2003; 12-17-2003 by L.L. No.
8-2003]
B. Notwithstanding the above, nothing contained in this
section shall prevent the Board of Trustees from modifying a building
permit, conditional permit or permit of compliance relating to the
use of a structure, building or premises in the C-2 District as a
multiple dwelling if, prior to the effective date of this section,
such structure, building or premises had in effect a valid building
permit or permit of compliance authorizing its use as a multiple dwelling,
except that no such modification of an existing permit shall result
in a more intensive use of the building, structure or premises.
C. Nothing contained in this section shall be deemed
to prevent the reconstruction of a building, structure or premises
in the C-2 District used as a multiple dwelling in the event of casualty
or act of God, provided that, as of the effective date of this section,
such building, structure or premises had been legally used for a multiple
dwelling and further provided that any reconstruction shall be substantially
similar in physical dimension, area coverage and location to the building,
structure or premises which existed prior to said reconstruction.
D. For the period commencing on November 3, 1999, and
continuing during the period of the moratorium established by this
section, the Village shall not accept, consider or approve any application
for a building permit, conditional permit or permit of compliance
for a multiple dwelling in the C-2 District. This moratorium shall
not apply to any application for a building permit, conditional permit
or permit of compliance for a multiple dwelling in the C-2 District
that was filed prior to November 3, 1999, provided that there has
been no substantial or material modification to such application after
November 3, 1999.
[Added 1-6-1999 by L.L. No. 1-1999]
A. For the period commencing on the effective date of
Local Law 1 of 1999 and ending December 31, 2001, the Board of Trustees
shall not consider, grant, approve, or issue a conditional use permit
which would authorize the use of any building, structure or premises
in the Village's C-2 Zoning District as a hotel or specialized senior
services facility.
[Amended 11-17-1999 by L.L. No. 10-1999; 8-1-2001 by L.L. No. 7-2001]
B. Notwithstanding the above, nothing contained in this
section shall prevent the Board of Trustees from modifying a conditional
use permit relating to the use of a structure, building or premises
in the C-2 District as a hotel or specialized senior services facility
if, prior to the effective date of this section, such structure, building
or premises had in effect a valid conditional use permit authorizing
its use as a hotel or specialized senior services facility, except
that no such modification of an existing conditional use permit shall
result in a more intense use of the building, structure or premises.
C. Nothing contained in this section shall be deemed
to prevent the reconstruction of a building, structure or premises
in the C-2 District used as a hotel or specialized senior services
facility in the event of casualty or act of God provided that, as
of the effective date of this section, such building, structure or
premises had been legally used for a hotel or specialized senior services
facility, and further provided that any reconstruction shall be substantially
similar in physical dimension, area coverage and location to the building,
structure or premises which existed prior to said reconstruction.
D. During the period of the moratorium established by
this section, the Village shall not accept any applications for conditional
use permit for a hotel or specialized senior services facility in
the C-2 District and shall postpone consideration of any such pending
applications until after the end of the moratorium.
E. The moratorium contained in Subsection
A hereof shall end on December 31, 2001.
[Added 12-5-2001 by L.L. No. 8-2001]
F. After the termination of the moratorium, hotels may
be approved as a conditional use within the C-2 Zoning District subject
to the conditional use permit process.
[Added 12-5-2001 by L.L. No. 8-2001]
G. After the termination of the moratorium, specialized
senior housing facilities shall no longer be approved as a conditional
use within the C-2 Zoning District, except that those specialized
senior housing facilities which were approved prior to the commencement
of the moratorium may continue as nonconforming uses. Any remaining
reference to specialized senior housing facilities within the Village
Code after the termination of the moratorium shall not be deemed or
construed to empower the Village Board to consider, grant, approve
or issue a conditional use permit authorizing the use of any building,
structure or premises in the C-2 Zoning District as a specialized
senior housing facility except that:
[Added 12-5-2001 by L.L. No. 8-2001]
(1)
The Board may modify the conditional use permit
for a specialized senior housing facility that was approved before
the commencement of the moratorium; and
(2)
Any building, structure or premises in the C-2
Zoning District legally approved and used as a specialized senior
housing facility that is damaged by fire, casualty or other act of
God may be reconstructed, provided that any reconstruction shall be
substantially similar in physical dimension, area coverage and location
to the building, structure or premises which existed prior to such
reconstruction.
A building or land in the C-2 District may be
used for an accessory use. In connection with a conditional use permit
authorizing the conversion of an existing building to a hotel, the
Board may authorize that a building or land adjacent to the hotel
may be used to provide parking for the adjacent hotel, and said use
will be considered a permissible accessory use.
All uses not specifically permitted are prohibited,
including but not limited to:
A. Open front shops or stores.
B. Drive-in establishments, other than banks.
C. The outdoor display, sale or storage of merchandise,
including vending machines and other similar coin-operated devices
which automatically deliver goods or render services.
D. Any business whose primary purpose is to serve and/or
sell foods for immediate consumption, which foods will be taken off
the premises and consumed on the streets of the Village.
E. Facilities primarily used for pinball machines, juke
boxes, coin-operated games or any combination thereof.
F. Off-track betting facilities or any other facilities
that are used primarily for the receipt of bets on horse races or
other events.
G. Facilities
which provide tanning services through the use of ultraviolet-radiation-emitting
devices of any kind and which have not been authorized to operate
within the Village prior to the date of this subsection.
[Added 10-21-2009 by L.L. No. 3-2009]
H. On-site smoking businesses. For purposes of this subsection:
[Added 2-4-2015 by L.L. No. 1-2015]
(1) "On-site smoking activities" means:
(a)
The sale or rental of smoking-related products for use and/or
consumption on the premises of a business; and/or
(b)
Allowing or facilitating smoking activities on the premises
of a business.
(2) "On-site smoking business" means a business which derives any gross
revenues from on-site smoking activities.
(3) "Smoking" means the burning or vaporizing of any matter or substance,
including but not limited to tobacco, liquid nicotine, herbs, fruits,
spices, shisha and narghile that is smoked or intended to be smoked
in any of the methods that tobacco is smoked, including but not limited
to cigarette, cigar, e-cigarette, pipe filler, hookah, bong or waterpipe.
(4) "Smoking-related products" mean any products or devices used to facilitate
smoking activities, including but not limited to tobacco, pipes, waterpipes,
hookahs, bongs, e-cigarettes, rolling paper, or similar products,
and, when specifically intended to be used in conjunction with other
smoking-related products, herbs, fruits, liquid nicotine, spices,
shisha and narghile.
The Board of Trustees shall have the power by
resolution to require retail stores, hotels and specialized senior
housing facilities in the C-2 District to provide such service bays
as it deems appropriate.
Notwithstanding any increased development rights authorized under §§
225-83.1 and
225-83.2 of this article, the maximum gross floor area of any building in the C-2 Zone utilized for a specialized senior housing facility shall not exceed 87,120 gross square feet per acre (2.0 FAR), adjusted proportionately for lots which are smaller or larger than one acre, and shall in no event exceed 120,000 gross square feet.
As required by Village Law § 7-703, Subdivision 3e, any applicant who applies for a conditional use permit authorizing a specialized senior housing facility in the C-2 Zone within five years of the effective date of this article, and any applicant who applies for increased development rights under §§
225-83.1,
225-83.2 or
225-83.3 of this article within five years of the effective date of this article, shall pay a proportionate share of the cost of any generic environmental impact statement and other studies prepared in connection with the enactment of this article. Said costs shall be added to any other site-specific charge authorized to be imposed on said applicant for environmental studies and review. These costs shall be apportioned among two or more applicants according to the number of applicants required to share in said costs. Monies paid by a prior applicant shall be proportionately reimbursed in the event of a subsequent applicant who becomes responsible for a portion of these costs.