The provisions of this article shall apply to Business B Districts.
[Amended 11-24-2004 by L.L. No. 11-2004]
A Business B District is intended primarily for commercial and
service business activity. No land, building or premises shall be
used and no building or part thereof shall be erected, constructed,
enlarged, altered, arranged or designed to be used in whole or in
part, unless otherwise provided for in the article, except for one
or more of the following purposes or uses:
A.
Store or shop for the conduct of retail trades of the following,
provided that any service, manufacture or processing of goods on the
premises is incidental to a retail business conducted on the premises:
(1)
Bank.
(2)
Barbershops.
(3)
Beauty parlors.
(4)
Clothing store.
(5)
Computer store.
(6)
Decorator.
(7)
Dressmaker.
(8)
Electronic store.
(9)
Electrician.
(10)
Florist.
(11)
Hardware store.
(12)
Household furnishings.
(13)
Internet sales, communications or consulting.
(14)
Jewelry shop.
(15)
Millinery.
(16)
Music shop/record store.
(17)
Package liquor store.
(18)
Pharmacy.
(19)
Photography studio, provided that no chemicals are used and
no developing occurs on premises.
(20)
Professional office for accountant, architect, chiropractor,
dentist.
(21)
Engineer, medical doctor, optician, optometrist, lawyer, real
estate, securities or financial brokerage or investment firm, professional
consultant of any type, insurance, title company, management or similar
professional office use.
(22)
Real estate office.
(23)
Shoemaker.
(24)
Sporting goods store.
(25)
Stationery store.
(26)
Telephone and cellular telephone retail store.
(27)
Tailor.
(28)
Travel agency.
(29)
All businesses of a similar and no more objectionable nature
to the above specifically enumerated uses which are deemed permissible
by the Village Board of Trustees.
B.
All accessory uses which are customary, incidental and subordinate
to the principal use of the premises may be allowed, providing that
the accessory use shall not involve the sale or distribution of food,
whether frozen or not frozen, the storage of hazardous, toxic or noxious
chemicals, and the processing of chemicals on the premises.
[Amended 11-24-2004 by L.L. No. 11-2004]
The following, and businesses of a similar or more objectionable
nature, are prohibited:
A.
Multiple-dwelling units, including boardinghouses, motels, hotels
and apartments.
C.
Storage and warehouse facilities, except where incidental to a retail
business conducted on the premises.
D.
Drive-in-type eating establishments, bowling alleys, pizza parlors,
children's party facilities, billiard parlors, theaters, skating rinks,
dance halls or other places of public amusement.
E.
Junkyards, salvage yards and like uses.
F.
Pet and animal shops and hospitals and other establishments for the
care, breeding and boarding of animals.
G.
Any trade, business or purpose which is or may reasonably be expected
to be noxious or offensive by reason of causing or emitting odor,
smoke or vapor gas, glare, dust, garbage, debris, noise or vibration
which is dangerous or harmful to the comfort, peace, health or safety
of the community or that involves any explosion, menace or any fire
hazard.
H.
Restaurants and catering halls of any kind, tea rooms, cafés,
and similar establishments where tables and chairs are provided for
serving and consuming food and beverages or take-out food and beverages
are sold.
I.
Bagel store.
J.
Any store or establishment that serves, sells, manufactures, distributes,
services, processes or makes available food or frozen food of any
kind and of any nature.
No sales or services, including displays, storage, repair, dismantling
or assembling work, is to be performed out of doors, except upon a
public garage or automobile service station lawfully operating under
the provisions of this chapter.
[Amended 5-15-2000 by L.L. No. 1-2000]
No building shall exceed 18 feet in height when measured from
the established curb level in front of the building.
A.
Front yard depth. Every building shall set back at least 34 feet
from the front lot line on which it stands; said front yard shall
be used for ingress and egress and parking.
B.
Side yard depth. Every building shall have a side yard setback of
at least five feet where said side yard fronts on a public highway
or street.
C.
Rear yard depth. Every building shall have a rear yard setback of
at least 10 feet.
A minimum six-foot approved fence shall be installed along the
entire lot line of a lot used for business when said lot line is abutting
residential property. All fences shall be so erected that the finished
surface shall be faced outward.
All parking spaces provided pursuant to this section shall be
paved in accordance with the specifications of the Village, shall
be suitably drained, shall be maintained in good condition, and shall
have adequate means of ingress and egress. The following delineated
parking spaces (size 10 feet by 20 feet) shall be provided and maintained
on private premises for each building or premises in a Business B
District:
A.
All one-story buildings must provide a minimum of 50% of the total
plot area for landscaping, parking, ingress and egress to said parking
area and screening thereof.
B.
Business or professional buildings higher than one story must provide
a minimum of one delineated parking space (size 10 feet by 20 feet)
for every 300 square feet of building floor area, including that portion
of the cellar or basement area designated to be used for office or
retail operations.
C.
No application shall be made for a building permit or certificate
of occupancy for the construction, alteration or use of any building,
structure or premises for restaurant purposes, as defined herein,
unless parking spaces shall be provided and maintained upon the same
lot and within the same building zone, as follows:
(1)
At least one parking space of a size of 10 feet by 20 feet shall
be provided for motor vehicles for each three seats used to serve
patrons of said restaurant or one parking space for each 100 square
feet of gross floor area used to serve patrons of said restaurant,
whichever is greater.
(2)
All areas available for off-street parking and access driveways shall
be constructed in accordance with the specifications determined by
the Village Engineer of the Village of East Hills and the Building
Department of the Village of East Hills.
(3)
Only one access road to said parking area shall be permitted where
the property fronts on a state or county highway. Such access road
shall provide separate means of ingress and egress, with a traffic
separator at the entrance. Each separate means of ingress and egress
shall be at least 16 feet in width. All access driveways shall be
marked with arrows indicating the proper flow of traffic, and all
off-street parking facilities shall have individual parking spaces
appropriately marked.
(4)
Parking areas shall require such screening as the Village of East
Hills Building Department may deem necessary in order to prevent visual
impairment to the neighboring property owners or annoyance to the
occupants thereof. All parking areas shall be illuminated at night
during business hours, but no later than 1:00 a.m. Each illumination
and lighting plan shall be subject to prior design approval of the
Building Department and shall be so placed, constructed and shielded
so that no direct light from any light or fixture used to illuminate
said parking areas shall be directed or shine upon any neighboring
property.
D.
Shopping centers. Effective July 1, 1988, all shopping centers or
facilities containing five or more retail stores and providing 20
or more accessory parking spaces shall provide a minimum of 5% of
said parking spaces or 10 spaces, whichever is less, for off-street
parking spaces for the handicapped. The parking spaces designated
pursuant to the provisions of this subsection shall be clearly identified
for use by either handicapped drivers or other handicapped persons,
which designation shall include permanently installed above-grade
signs which display the international symbol of access and may include
the use of blue painted lines or markings. The parking spaces shall
be located as close as reasonably practicable to the shopping center
facility and shall be reasonably distributed to provide convenient
access and use by the handicapped.
[Added 5-2-1988 by L.L. No. 1-1988]
No accessory buildings or structures will be permitted except
for display signs and fences as provided for elsewhere in this article.
Accessory uses will be permitted, provided that such uses are housed
within the main building or buildings on the plot.
No advertising sign or billboard of any character shall be permitted
to be used, except that, upon buildings one sign per establishment
may be permitted not larger than 25 square feet in area, constructed
parallel to and not more than 12 inches from the building wall to
which it is attached. No flashing or moving signs will be permitted.
No such permitted signs shall project above the first story, and they
shall be limited to displaying the name and the nature of the business
for which such building is used. Illuminated signs shall be of a channel-lighting
type. No illuminated sign shall, however, be erected without first
submitting a sketch for approval prior to the issuance of a permit
by the Building Inspector. All exterior illuminated signs must be
extinguished daily at the closing time of the establishment or at
11:00 p.m., whichever is later, and must remain extinguished until
8:00 a.m. No illuminated sign shall be placed within the interior
of any premises so that the same shall be nearer than five feet to
any show window or exterior window. No such illuminated sign shall
in any event be of a neon or flashing type. No sign of any type, whether
temporary or permanent, shall be affixed to the interior or exterior
of any show window or exterior window so as to cover more than 25%
of the outside exposed surface of any such window. Signs which are
permitted to be erected, installed or maintained shall be of rigid
material and so affixed to the premises so as to prevent the same
from moving, waving, flapping or turning.
Two real estate signs shall be permitted upon vacant property,
which shall directly relate to the property where so affixed or erected,
each of said signs to be separate and distinct and not to exceed eight
square feet for such sign. Such signs shall not be attached to any
tree or fence but shall be attached to a standard sunk in the ground.
Said sign shall not exceed 10 feet when measured from the ground elevation
to the top of the sign. No sign shall, however, be erected without
first submitting a sketch and obtaining a permit from the Building
Inspector. A fee of $5 for each sign shall accompany the sketch.
Site plan approval by the Planning Board of the Village of East
Hills shall be required for the erection or enlargement of all buildings
and structures and for all uses of vacant land. In all cases where
any amendment of any such plan is proposed, the applicant must also
secure approval of the amendment by the Planning Board. No building
permit may be issued for any building within the purview of this article
unless and until an approved site plan or amendment of any such plan
has been secured from the Planning Board by the applicant and presented
to the Building Inspector. The site plan shall be prepared in such
detail as to show the following:
A.
Setbacks and location of the proposed structure.
B.
General building plans, including basement and cellar areas.
C.
Designated parking spaces.
D.
Adjoining streets, access roads and walkways.
E.
Method of ingress and egress.
F.
Proposed landscaping, fencing and exterior lighting.
G.
Proposed grading of the plot to include the disposal of surface water
drainage.
H.
Specifications of pavement, including the subbase and curbing.
Suitable storage space and containers shall be provided for
the storage of garbage, refuse and rubbish, subject to the approval
of the Building Inspector. All garbage, refuse and rubbish must be
removed from the premises, and such removal shall be under private
contract by the owner and/or occupant at the owner's and/or occupant's
sole cost and expense. There shall be no incineration on the premises.
The Board of Trustees may direct the Building Inspector to revoke
the certificate of occupancy or use permit of any business upon proof
satisfactory to it that the conditions of operation or maintenance
of premises are such as to constitute a public nuisance by reason
of injury to the adjacent property or to the general neighborhood.
Any nonconforming use existing at the effective date of this
chapter may be continued. Any existing building presently devoted
to a nonconforming use may be reconstructed and structurally altered
subject to the approval of the Board of Appeals.
