[Amended 3-6-1973; 7-3-1973; 4-15-1975; 8-19-1980; 3-15-1983; 1-7-1986; 2-25-1992; 11-17-1992; 4-8-1997]
In a Business 1 District, no building, structure
or premises shall be used or occupied, and no building or part thereof
or other structure shall be so erected or altered, except for one
or more of the following purposes:
A.
Museum.
[Amended 4-5-2005; 6-8-2010]
C.
Public school.
[Added 3-23-1999]
D.
Store, office, medical offices, delicatessen, bank,
broadcasting studio, and community building.
[Amended 7-20-2021; 3-14-2023]
E.
Private or parochial school, including preschool programs,
elementary and secondary schools, vocational schools and other non-degree-granting
schools including self-defense, dance, swimming, gymnastics and similar
instruction/programs, except those associated with manufacturing or
truck driving.
[Added 3-23-1999]
F.
Personal service establishment, including but not
limited to barbershop, beauty parlor, shoe repair shop.
G.
Retail dry-cleaning establishment using New York Board
of Fire Underwriters' Class I liquids.
H.
The operation of any retail business if the same is
confined to the interior of the building, except as otherwise provided
herein.
I.
Nonprofit fraternity or lodge.
J.
Historical or memorial monument.
K.
Church or other similar place of worship or parish
house, provided that a minimum buffer area of 25 feet in accordance
with Town standards is maintained adjacent to any residential use
or zone and a site plan is submitted to and approved by the Planning
Board, or its designee, indicating compliance with all applicable
land development standards.
M.
Mini-storage warehouse, provided that the lot on which the use is
located has frontage along Sunrise Highway or the Long Island Expressway.
[Added 5-15-2018]
N.
Child or adult day-care center.
[Amended 5-14-2024]
P.
Funeral parlor/home. (Note: Funeral parlors/homes
and child day-care centers were previously permitted in BD and Business
I Districts by virtue of being permitted in General Service Districts
and will continue to be permitted.)
R.
Health club.
S.
Veterinarian, provided that all activities take place
within the building.
[Added 8-14-2007]
Uses permitted with administrative approval
of the Town Clerk shall be as follows:
A.
By permit issued administratively by the Town Clerk,
the outdoor sale and/or display of any variety of tree(s), bush(es)
and/or plant(s) used as a symbol of expressing a holiday and/or religiously
significant season, including, but not limited to, Christmas trees,
wreaths and/or other holiday and/or religiously significant plants
or decorations.
(1)
The following guidelines shall be followed by
the Town Clerk:
(a)
A permit shall be for a maximum of 30 days.
Only one permit shall be issued per location and/or applicant per
calendar year.
(b)
The applicant for a permit shall show proof
of being a legal business entity in the State of New York. A New York
State sales tax number shall be required.
(c)
The applicant shall provide a lease and/or deed
and/or other such proof of permission of the owner of the property
on which the sales are to occur. Sales on or within the right-of-way
of any roadway shall require proof of permission of the governmental
agency having jurisdiction.
(d)
A cash bond of $500 shall be deposited with
the Town Clerk's office. This bond shall be returned when sales have
ceased and the site is found to be clean and neat and all materials/goods
are removed therefrom. Failure to remove materials/goods within 10
days of the expiration date of the permit will result in the forfeiture
of the bond or a portion thereof sufficient to provide for the removal
and disposal of any debris, materials or goods found on the subject
parcel. The applicant shall, as part of his or her request for the
release of the bond, provide dated photographs of the site and a receipt
for the disposal of the materials/goods formerly sold on the subject
parcel.
(e)
No permit is to be issued for a vacant or undeveloped
property within 1,500 feet of an established and legal business which
commonly engages in the sales of horticultural and/or floral products
throughout the year.
(f)
Prior to the issuance of the permit, it is to
be determined with the aid of the Planning Department, the Engineering
Division and the Traffic Safety Division that the site is of adequate
size to accommodate the use, that the site has adequate access and
on-site parking and that there would appear to be no public safety
issues and/or public nuisance issues created and/or exacerbated by
the proposed use. This review shall take place within 10 working days
from the submission of the application.
(g)
For legally established and registered nonprofit
groups, there shall be no fee for a permit nor shall a cash bond be
required.
(2)
The Town Clerk shall be hereby empowered to
create the necessary applications and set the appropriate fees for
the permit. The Town Clerk shall also have the right to require additional
information as may be needed to implement and facilitate the permitting
process.
(3)
Any person found guilty of a violation of any
of the above provisions shall, upon conviction, be deemed guilty of
an offense, which shall be punishable by a fine of not less than $250
nor more than $500 for each and every day said violation shall occur.
G.
Psychiatric clinics or similar health-related facilities,
excluding overnight residential treatment facilities.
[Added 1-7-1986; amended 4-8-1997]
H.
(Reserved)[7]
[7]
Editor's Note: Former Subsection H, Nursing
homes or rest homes, added 1-7-1986, was repealed 5-15-2018. Former
Subsection K, Assembly and social recreation hall, added 4-8-1997,
was repealed 9-12-2000. Former Subsection J, regarding stores or offices
on Fire Island, was repealed 4-5-2005.
[Added 11-14-1995; amended 4-8-1997; 4-21-1998; 3-23-1999; 9-12-2000]
A.
Minor restaurants, except as otherwise provided herein.
B.
Outdoor storage of storage pods/containers, registered
passenger vehicles, recreational vehicles or marine vessels, including
rental moving trucks, as an accessory use to a mini storage warehouse,
provided that all vehicles are set back a minimum distance of 50 feet
from any street and 200 feet from any residential use or zone and
provided that such vehicles are properly screened from view with fencing
and/or landscaping pursuant to the direction of the Planning Board.
Said storage shall consist of no more than 20% of the overall area
of the site and height of vehicles or storage pods/containers shall
not exceed 20 feet. Outdoor storage shall not count towards minimum
parking requirements. A supplemental buffer shall be planted as per
the Subdivision and Land Development Regulations when said outdoor
storage is adjacent to a residential use or zone.
[Added 5-14-2024[1]]
[1]
Editor’s Note: Former Subsection B, regarding billiard
halls, was repealed 12-17-2019.
E.
Outside display, except as otherwise provided herein.
F.
Private or parochial college or university excluding
dormitories and other college or university residential uses.
G.
Restaurant.
H.
Assembly and social recreation hall.
I.
A walk-up counter or service window as an accessory
use to a restaurant or minor restaurant use, provided the site otherwise
complies with all applicable Code requirements and subject to the
following requirements:
[Added 9-11-2001]
(1)
A walk-up counter or service window shall be
permitted for food purposes only. Service of alcoholic beverages from
a walk-up counter or service window shall not be permitted.
(2)
Outdoor loudspeakers, exterior live entertainment
or dancing of any kind shall not be permitted.
(3)
A walk-up counter or service window shall only
be permitted to operate between the hours of 8:00 a.m. and 11:00 p.m.
(4)
A minimum unobstructed sidewalk area of at least
eight feet shall be maintained in front of any walk-up counter or
service window.
J.
Taxi office, when adjacent to a residential use or
zone.
[Added 5-20-2003; amended 5-15-2018]
K.
Stores or offices, located on Fire Island in a Business
1 District, in which goods or commodities or services are sold at
retail and solely in support of community activities.
[Added 4-5-2005]
L.
Any single-user freestanding retail use in excess
of 10,000 square feet of gross floor area.
[Added 4-5-2005]
M.
A drive-through window for a bank, as an accessory
to said use, subject to the lot having a minimum of 35,000 square
feet.
[Added 4-5-2005; amended 5-28-2008; 6-8-2010]
O.
A drive-through
window for a pharmacy facility, as an accessory to said use, subject
to the lot having a minimum of 35,000 square feet.
[Added 6-8-2010]
Q.
Bar,
tavern, or nightclub.
[Added 10-25-2011]
[Added 9-12-2000]
A.
The following uses are permitted after the review and approval of the Planning Board without complying with the notice requirements of § 68-32, subject to compliance with the following criteria:
[Amended 5-15-2018]
(1)
A parking relaxation of no greater than 20%.
(2)
A landscaping relaxation of no greater than
20%.
(3)
Approval will not result in any on- or off-site
traffic impacts, as determined by the Planning Board.
(4)
The use is consistent with the spirit and intent
of the Town Code and Comprehensive Plan.
B.
Uses.
(1)
Minor restaurant.
(3)
Outside display.
(5)
Outdoor storage of storage pods/containers, registered passenger
vehicles, recreational vehicles or marine vessels, including rental
moving trucks, as an accessory use to a mini storage warehouse, provided
that all vehicles are set back a minimum distance of 50 feet from
any street and 200 feet from any residential use or zone and provided
that such vehicles are properly screened from view with fencing and/or
landscaping pursuant to the direction of the Planning Board. Said
storage shall consist of no more than 20% of the overall area of the
site and height of vehicles or storage pods/containers shall not exceed
20 feet. Outdoor storage shall not count towards minimum parking requirements.
A supplemental buffer shall be planted as per the Subdivision and
Land Development Regulations when said outdoor storage is adjacent
to a residential use or zone.
[Added 12-17-2019; amended 5-14-2024]
[Amended 4-21-1998; 4-5-2005]
A.
Public utility when no repair or storage facilities
are maintained.
B.
The location of a wholesale food-distribution station
in any business district.
C.
Single-family detached dwelling and accessory structures, provided
the requirements for height, yard setbacks, plot area and width, and
occupancy in a Residence AA District are met.
[Added 12-17-2019]
D.
Two-family detached dwelling, provided the requirements for height,
yard setbacks, plot area and width, and occupancy for two-family dwellings
in a Residence CAA District are met.
[Added 12-17-2019]
A.
The following accessory uses shall be permitted when
located on the same lot of the authorized use:
(1)
Private garage.
(2)
Building for storing products, merchandise or vehicles
incidental or accessory to the authorized use.
(5)
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.
[Amended 12-15-1981]
(6)
Minor restaurant accessory to a retail use of no less than 25,000
square feet in gross floor area, and subject to the following conditions:
[Added 2-28-2017]
(7)
Sale
of propane exchange tanks, stored in a single open-caged structure.
[Added 3-14-2023]
(8)
Outside seating may be permitted as an accessory use to a restaurant
or minor restaurant use, provided the site otherwise complies with
all applicable Code requirements and subject to the following requirements:
[Added 5-14-2024]
(a)
Outside seating shall be subject to the approval of the Planning
Board, which shall have the authority to require information which
may be necessary to evaluate such a request.
(b)
Outside seating shall be permitted for dining purposes only.
The service and consumption of alcohol shall only be permitted as
clearly accessory and incidental to the service of food. No outside
bar shall be permitted. In no case shall the service of alcohol be
permitted off site.
(c)
Outdoor loudspeakers, exterior live entertainment or dancing
of any kind shall not be permitted.
(d)
Outside seating shall only be permitted to operate between the
hours of 8:00 a.m. and 11:00 p.m.
(e)
Outside seating shall be permitted on the subject parcel or
on the sidewalk area adjacent to a dedicated roadway, provided it
does not encroach onto the sidewalk by more than 50% and further provided
there is a minimum unobstructed sidewalk area of eight feet. If on-street
parking is permitted adjacent to the sidewalk, then a minimum unobstructed
sidewalk area of five feet shall be required.
(f)
Should substantiated complaints be received by the Department
of Planning and Development, the Planning Board shall reserve the
right to hold a public hearing to rescind the outdoor seating approval.
B.
Except with regard to construction on property principally
used for agriculture, 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 main building
has actually been commenced; and no accessory building shall be used
unless the main building on the lot is completed and used.
D.
Nothing herein contained shall be construed to permit
the erection, alteration, addition, maintenance or use of any premises
which shall provide outdoor storage, car-hopping service or drive-through
service.
[Amended 2-16-1971; 4-8-1997; 9-11-2001]
[Added 4-8-1997]
All uses not expressly permitted are prohibited.
B.
Dwellings.
[Amended 11-1-1988; 4-5-2005]
(1)
The height regulations for detached dwellings shall
be the same as those in the Residence AAA District.
C.
Accessory buildings.
[Amended 11-1-1988; 4-5-2005]
(1)
Accessory structures shall not exceed 18 feet in height.
D.
Flagpoles shall not exceed 35 feet in height.
[Added 9-11-2001]
E.
Any mini-storage building shall have a minimum of two stories.
[Added 5-15-2018]
A.
The total building area, including all buildings,
shall not exceed an FAR of 0.40.
[Amended 11-1-1988]
B.
The total building area, including all buildings,
shall not exceed an FAR of 0.25 for a single-family dwelling.
[Amended 11-1-1988]
C.
The total building area, including all buildings,
shall not exceed an FAR of 0.40 for other permitted buildings.
[Amended 11-1-1988]
D.
The total building area, including all buildings,
shall not exceed an FAR of 0.25 for a two-family dwelling.
[Amended 11-1-1988]
E.
Accessory buildings shall not occupy more than 25%
of the total lot area nor more than 25% of the rear yard area.
F.
A mini-storage warehouse and its associated accessory structures
shall not occupy more than 40% of the lot on which they are situated.
The floor area ratio may be increased to a maximum of 0.65 subject
to complying with the following criteria:
[Added 5-15-2018]
(1)
The filing of a deed covenant by the applicant/owner, prior to permit
issuance, limiting the use to a mini-storage warehouse.
[Amended 7-20-2021]
(2)
A thirty-foot strip of landscaping shall be provided along street
frontages.
(3)
The incorporation of renewable energy that provides for a minimum
of 50% of the building's energy demand.
(4)
Use of "superior architecture," as defined in § 68-3, Word usage and definitions, on the facade for building elevations that are visible from streets.
(5)
Use of architecture similar to the superior architecture on the facade
for building elevations that are not visible from streets.
A.
The minimum required plot area for a single-family
detached dwelling shall be 20,000 square feet.
B.
The minimum required plot area for a two-family dwelling
shall be 20,000 square feet.
[Amended 4-8-1997]
C.
The minimum required plot area for business uses shall
be 7,500 square feet except as otherwise provided herein.
[Amended 11-1-1988; 9-11-2001]
E.
The minimum required plot area for public school,
private or parochial school, nonprofit fraternity or lodge, church
or other similar place of worship or parish house, funeral parlor/home,
university or college dormitory shall be 20,000 square feet.
[Amended 9-11-2001; 5-14-2024]
F.
The minimum required plot area for a mini-storage warehouse shall
be 60,000 square feet.
[Added 5-15-2018]
[Amended 4-5-2005]
The minimum living area requirements shall be
the same as those required in the Business District.
A.
Minimum requirements.
(1)
The minimum width of lot for a single-family detached
dwelling, a two-family detached dwelling, lodging house or boardinghouse
shall be 100 feet throughout.
(2)
The minimum width of lot for all permitted buildings
shall be 65 feet except as otherwise provided herein.
(4)
The minimum width of lot for an indoor moving picture
theater, mini-storage warehouse, community building, church or other
similar place of worship or parish house shall be 100 feet throughout.
[Amended 5-15-2018]
B.
Separate ownership. A single-family dwelling may be
erected on any lot which was separately owned at the time of the passage
of the ordinance or on any lot separately owned at the time of any
amendment thereto heretofore adopted, and which has not come into
common ownership with the adjoining property and conforms to the width
of lot requirements of the Amended Zoning Ordinance prior to any such
amendment and conforms to all other minimum requirements of this ordinance.
B.
Corner lots. All main buildings hereafter erected on a corner lot shall also have a front yard facing the side street. This front yard shall be at least 10 feet except as otherwise provided herein, unless arterial highway setback is greater (see Article XXXII).
[Amended 8-5-2014]
C.
One-family and two-family dwellings. All residences hereafter erected in a B1 District shall have a minimum front yard setback, unless arterial highway setback is greater (see Article XXXII), as follows:
(1)
One-family dwelling, 40 feet.
(2)
One-family dwellings upon a corner lot shall have
second front yard of 30 feet facing the side street.
(3)
One-family dwelling upon a through lot, 40 feet from
each street.
(4)
Two-family dwellings, 25 feet.
(5)
Two-family dwellings upon a corner lot shall have
a second front yard of 25 feet facing the side street.
(6)
Two-family dwellings upon a through lot, 25 feet from
each street.
E.
Accessory buildings. Accessory buildings in a B1 District shall have a minimum setback of 35 feet from all streets, unless arterial highway setback is greater (see Article XXXII).
F.
Front yard transition. Wherever any side yard of a
plot in a B1 District abuts the side yard of a plot in a residence
district, the minimum front yard setback for the building on the plot
in a B1 District shall be the minimum requirement for the front yard
setback in the residence district.
A.
All main buildings hereafter erected shall have a
side yard along each lot line other than a street or a rear line.
Side yards shall be 10 feet.
B.
Side yard transition. Wherever any side yard of a
plot in a Business 1 District abuts a plot or plots in one or more
use districts other than B1, then the minimum required side yard for
all buildings in a B1 District shall be the more restrictive side
yard so abutted.
A.
Main buildings. All main buildings hereafter erected
shall have a minimum rear yard of not less than 10 feet, except where
a greater depth shall be required to accomplish rear yard transition.
B.
Rear yard transition. Whenever any rear yard of a
plot in a B1 District abuts a plot or plots in one or more residence
use districts, the minimum required rear yard of all main or accessory
buildings in a B1 District shall be 15 feet.
No encroachments shall be permitted.
[Amended 4-8-1997]
A.
Parking, curbing, sidewalks, drainage, screen planting,
buffers, street trees, dumpster enclosures, lighting, public improvements
and all other applicable requirements of the Town Code and the Subdivision
and Land Development Regulations shall be maintained unless otherwise
modified or waived by the Planning Board or Town Board.
B.
The exterior site improvements and improvement of property shall be regulated under Article XXXI of this ordinance.
[Amended 8-12-2003]
C.
A minimum buffer area of 25 feet in width in accordance
with Town standards shall be provided and maintained adjacent to any
residential zone or use.
(See Article XXX.)
