A. 
The commercial districts are listed below. When this Zoning Ordinance refers to commercial, central business, office, or C zoning districts, it is referring to one of the following:
Table 21-1
Commercial Districts
District Name
Map Symbol
Neighborhood Commercial
NC
Central Business
CB
General Commercial
GC
Commercial Office
CO
B. 
The district names and map symbols are intended to provide a general indication of what is allowed in the district by denoting the commercial or office orientation of the district.
A. 
Neighborhood Commercial. The purpose of the Neighborhood Commercial District is to encourage smaller-scaled commercial development, compatible with the scale and intensity of adjacent residential and noncommercial sites, and to support the goals and objectives contained in the Unified Comprehensive Plan. This district allows for commercial operations along collector and arterial type streets offering convenience shopping and services for adjacent residential areas.
B. 
Central Business. The purpose of the Central Business District is to foster a concentration of small-scale, mixed use activity and to support the goals and objectives contained in the Unified Comprehensive Plan. The CB District is established to maintain and enhance the traditional mix of retail, office, civic and residential uses within the core of the Villages. Development in this district should reinforce compact, pedestrian-oriented development and preservation of traditional historic character.
C. 
General Commercial. The purpose of the General Commercial District is to encourage commercial development and to support the goals and objectives contained in the Unified Comprehensive Plan. The GC District is established to provide areas for intensive commercial activities that primarily depend upon a large volume of vehicular traffic and serve the daily shopping needs of the community-at-large and surrounding areas. This district encourages the application of site design and buffering techniques to mitigate the impacts of commercial operations and traffic on adjacent uses and the traveling public.
D. 
Commercial Office. The purpose of the Commercial Office District is to accommodate office and nonretail activity in a manner that protects and enhances existing residential neighborhoods. The CO District permits a mix of residential and office type uses along primary and secondary thoroughfares that may not be suitable for single-family living due to increasing traffic volumes. These volumes create an environment suitable for certain multifamily and office uses that can exist in close proximity to neighborhoods without adversely affecting the residential environment.
[Amended 3-6-2012 by L.L. No. 1-2012; 12-4-2018 by L.L. No. 14-2018; 6-21-2022 by L.L. No. 11-2022]
Uses are allowed in commercial and office zoning districts in accordance with Table 21-2.
A. 
Uses identified with a "P" in Table 21-2 are permitted as-of-right in the subject zoning district, subject to compliance with all other applicable standards of this Zoning Ordinance.
B. 
Uses identified with a "SP" in Table 21-2 may be allowed if reviewed and approved in accordance with the special permit procedures contained in Article 66.
C. 
Uses not listed and those identified with a "-" are expressly prohibited.
D. 
Other commercial or business uses, except those expressly prohibited, shall be permitted in the General Commercial and Central Business Districts under the following circumstances:
(1) 
Upon the finding by the Planning Board that such use is of the same general character as those permitted and will not be detrimental to the other uses within the district or to the adjoining land uses;
(2) 
Upon issuance of a special permit pursuant to Article 66; and
(3) 
Upon issuance of a site plan approval pursuant to Article 63.
Table 21-2
Permitted and Specially Permitted Uses
P
=
Permitted
SP
=
Specially permitted
—
=
Prohibited
Zoning District
Land Use
CB
NC
GC
CO
Commercial
Professional, medical or dental office
P
P
P
P
Dance, art, or music studio
P
P
P
—
Bank or financial institution
P
P
P
P
Retail or personal service store or shop
P
P
P
—
Shopping center
SP
—
P
—
Veterinary clinic
P
SP
P
SP
Kennel
—
—
SP
—
Mortuary or funeral home
SP
SP
SP
SP
Laundromat or dry cleaning outlet
P
—
P
—
Dry cleaning facility
—
—
P
—
Drinking establishment or tavern
P
SP
P
—
Fast-food restaurant
P
—
P
—
Sit-down restaurant
P
SP
P
—
Take-out restaurant
P
SP
P
—
Dance hall, theater, private club
P
SP
P
—
Bowling alley
P
—
P
—
Indoor recreation facility
SP
—
P
—
Outdoor recreation facility
—
SP
SP
—
Adult uses
—
—
SP
—
Lodging
P
P
P
—
Conference/meeting center
SP
—
P
—
Gasoline station
—
SP
SP
—
Car wash
—
—
SP
—
Auto sales or rental
—
—
SP
—
Auto repair establishment
—
—
SP
—
Motor vehicle parking lot
P
SP
P
SP
Outdoor sales or display
SP
—
P
—
Stand alone drive through establishments
—
—
P
—
Drive-through in conjunction with a permitted use
SP
SP
P
SP
Mix of permitted uses
P
SP
P
SP
Accessory use
P
P
P
P
Corner store
SP
SP
SP
—
Vape shops, tobacco retail stores, tobacco consumption shops and hookah bars
SP
SP
SP
—
Institutional
Educational institution
SP
SP
P
SP
Nursery school
P
P
P
P
Church or religious institution
P
P
P
P
Hospital or health care facility
SP
SP
SP
SP
Public utility
P
P
P
P
Public or municipal use
SP
SP
P
P
Telecommunications facilities
SP
SP
SP
SP
Day care (adult and youth)
—
P
P
—
Residential
Single-family dwelling
—
P
P
P
Apartment over commercial
P
P
P
—
Multifamily dwelling
P
P
P
P
Boarding- or rooming house
P
—
—
—
Group care facility
—
—
SP
—
The following lot, area, and setback requirements shall apply to the commercial districts within the Town and Villages.
Table 21-3
Commercial Lot, Area, and Setback Requirements
District
Land Use
CB
NC
GC
CO
Minimum lot size (with public water and sewer)
Residential uses (square feet)
SPR(4)
7,000
15,000
10,000
Nonresidential uses (square feet)
SPR(4)
7,000
15,000
20,000
Minimum lot size (no public water and sewer)
Residential uses (square feet)
NA
40,000
40,000
40,000
Nonresidential uses (square feet)
NA
40,000
40,000
40,000
Minimum lot width (with public water and sewer)
Residential uses (feet)
NA
40
40
40
Nonresidential uses (feet)
SPR(4)
50
80
80
Minimum lot width (no public water and sewer)
Residential uses (feet)
NA
100
100
100
Nonresidential uses (feet)
NA
100
100
100
Minimum front setback
Residential uses (feet)
0
20(1)
30
20
Nonresidential uses (feet)
0
20(1)
30
20
Maximum front setback
Residential uses (feet)
5
NA
NA
NA
Nonresidential uses (feet)
5
NA
NA
NA
Minimum side setback
Residential uses (principal use or structure)(2) (feet)
SPR(4)
5/15
20/30
5/15
Residential uses (accessory use or structure) (feet)
SPR(4)
10
10
15
Nonresidential uses (principal use or structure)(3) (feet)
SPR(4)
5/15
20/30
5/15
Nonresidential uses (accessory use or structure) (feet)
SPR(4)
10
10
10
Minimum rear setback
Residential uses (principal use or structure)(2) (feet)
SPR(4)
20
20/40
20
Residential uses (accessory use or structure) (feet)
SPR(4)
10
10
15
Nonresidential uses (principal use or structure)(3) (feet)
SPR(4)
20
20/40
20
Nonresidential uses (accessory use or structure) (feet)
SPR(4)
10
10
15
NOTES:
(1)
Or average of front setbacks on the two adjacent lots, whichever is less.
(2)
The first number represents the required setback if the lot is located adjacent to a commercially zoned property or use. The second number is the required setback if the lot is adjacent to a residential property.
(3)
The first number represents the required setback if the lot is located adjacent to a commercially zoned property or use. The second number is the required setback if the lot is adjacent to a residential property.
(4)
SPR indicates that these requirements will be determined through the site plan review process.
(5)
These regulations shall be applicable to a shopping center as though it were one single lot, regardless of whether portions of the shopping center land are owned by separate entities, provided that deed restrictions and cross easements are reviewed and approved by the Village Planning Board; and provided that the shopping center parcels have a total combined area of 2.5 acres or more.
[Added 6-21-2022 by L.L. No. 11-2022]
The following bulk requirements shall apply to the commercial districts within the Town and Villages.
Table 21-4
Commercial Bulk Requirements
District
Land Use
CB
NC
GC
CO
Maximum building height
Residential uses (principal use or structure) (feet)
65
30
50
35
Residential uses (accessory use or structure) (feet)
15
15
20
15
Nonresidential uses (principal use or structure) (feet)
40
30
50
35
Nonresidential uses (accessory use or structure) (feet)
18
18
20
18
Maximum building coverage
Residential uses
90%
50%
40%
50%
Nonresidential uses
90%
50%
40%
50%
Maximum building footprint
Residential uses (principal use or structure)
NA
NA
NA
NA
Residential uses (accessory use or structure)
NA
NA
NA
NA
Nonresidential uses (principal use or structure) (square feet)
NA
8,000
NA
NA
Nonresidential uses (accessory use or structure) (square feet)
NA
1,000
NA
NA
NOTES:
(1)
These regulations shall be applicable to a shopping center as though it were one single lot, regardless of whether portions of the shopping center land are owned by separate entities, provided that deed restrictions and cross easements are reviewed and approved by the Village Planning Board; and provided that the shopping center parcels have a total combined area of 2.5 acres or more.
[Added 6-21-2022 by L.L. No. 11-2022]
The applicable specific use requirements (Part 4) and development standards (Part 5) in this chapter shall apply to all uses in the CB, NC, GC, and CO Districts.