[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In accordance with the Comprehensive Plan and the comprehensive
Zoning Law and Zoning Map of the Incorporated Village of the Branch,
and in order to establish and provide a proper balance between the
uses of real property in the Business District of the Incorporated
Village of the Branch and the uses of real property in the Historic
District of the Incorporated Village of the Branch, it is hereby determined
that a district, hereafter to be known as the "Restricted Business
District," shall hereby be established in the Incorporated Village
of the Branch, in which the following regulations shall apply as hereinafter
provided.
A.
The Restricted Business District is hereby described as that part
of the Incorporated Village of the Branch situated on the west side
of new Route No. 111, more particularly described as follows:
|
Beginning at a point on the westerly side of Singer Lane (formerly
Hauppauge Road), as the same existed prior to the alteration and alignment
of Route No. 111, said point being at the southeast corner of property
now or formerly belonging to the C. W. Company, Inc., and at the southeast
corner of that portion of the Business District of the Incorporated
Village of the Branch located west of Route No. 111 and the following
four courses and distances from the corner formed by the intersection
of the westerly side of Singer Lane with the southerly side of Main
Street (Route No. 25):
| |
|
(1)
|
South 18° 40' 00" East along the westerly side of Singer
Lane, a distance of 273.58 feet;
|
|
(2)
|
South 19° 29' 00" East along the westerly side of Singer
Lane, a distance of 106.98 feet:
|
|
(3)
|
South 22° 14' 20" East along the westerly side of Singer
Lane, a distance of 91.63 feet: and
|
|
(4)
|
South 19° 58' 00" East along the westerly side of Singer
Lane, a distance of 127.81 feet; running thence along the former westerly
side of Hauppauge Road, as the same existed prior to alteration and
alignment, the following two courses and distances:
|
|
(1)
|
South 19° 58' 00" East, 111.75 feet; and
|
|
(2)
|
South 18° 11' 10" East, 205.05 feet; running thence south
73° 39' 20" West, a distance of 73.19 feet to a point on the westerly
side of Route No. 111 as the same now exists after alteration and
alignment; running thence along the westerly side of Route No. 111
as the same now exists after alteration and alignment, the following
two courses and distances:
|
|
(1)
|
South 1° 53' 40" West, 42.01 feet; and
|
|
(2)
|
Southerly along the arc of a curve bearing to the left and having
a radius of 9,945 feet, a distance of 275.84 feet to land now or formerly
belonging to Evelyn W. Miller; running thence along said land now
or formerly belonging to Evelyn W. Miller, South 73° 39' 20" East,
635.67 feet to a point on the easterly boundary line of the Residence
B District of the Incorporated Village of the Branch: running thence
along said easterly boundary line of the Residence B District of the
Incorporated Village of the Branch, North 2° 9' 40" East, 316.37
feet to a point at the northerly boundary line of land now or formerly
belonging to Bit-O-Heaven, Inc.; running thence again along said easterly
boundary line of the Residence B District of the Incorporated Village
of the Branch and the westerly boundary line of land now or formerly
belonging to Evelyn W. Miller, North 2° 9' 40" East, a distance
of approximately 270 feet to a point at the northeast corner of the
Residence B District of the Incorporated Village of the Branch and
the southerly boundary line of that portion of the Business District
of the Incorporated Village of the Branch located on the west side
of Route No. 111; running thence along said southerly boundary line
of the Business District of the Incorporated Village of the Branch
and the westerly and northerly boundary lines of land now or formerly
belonging to Evelyn W. Miller the following two courses and distances:
|
|
(1)
|
North 2° 9' 40" East, 79.25 feet: and
|
|
(2)
|
North 81° 5' 37" East, 571.82 feet, to the westerly side
of Singer Lane the point or place of beginning.
|
B.
Incentive zoning. The Board of Trustees of the Village of the Branch
has determined that the uses permitted in the Restricted Business
District by special exception permit shall be considered as incentives,
pursuant to § 7-703 et seq. of the Village Law of the State
of New York, and the grant of any special exception permit shall be
considered incentive zoning and shall be subject to all the requirements
as set forth in § 7-703 et seq. as set forth above.
[Added 10-14-1997 by L.L. No. 1-1997]
In the Restricted Business District, no building or structure
shall hereafter be erected and no premises shall be used except for
one or more of the following purposes:
A.
Any use permitted in the Residence A District.
B.
Any use permitted in the Residence B District.
C.
Any use permitted in the Historic District.
D.
An indoor motion picture or other type of theater, only by special
exception granted by the Board of Trustees.
E.
A restaurant providing table service only and contained wholly within
an office building.
F.
One or more retail or personal service shops customarily located
in office buildings, such as but not limited to pharmacies, tobacco
shops, confectionery shops, barbershops and/or beauty parlors, provided
that the same are wholly contained within an office building and situated
below ground level or on the first floor above ground level, with
no door for entry thereto or exit therefrom other than through the
lobby of such office building.
G.
Adult uses (as hereinafter defined).
[Added 6-17-1993 by L.L. No. 3-1993]
(1)
Purposes and considerations.
(a)
In the execution of this subsection, it is recognized that there
are some uses which, due to their very nature, have serious objectionable
characteristics. The objectionable characteristics of these uses are
further heightened by the concentration in any one area, thereby having
deleterious effects on adjacent areas. Special regulation of these
uses is necessary to ensure that these adverse effects will not contribute
to the blighting or downgrading of the surrounding neighborhoods or
land uses.
(b)
It is further declared that the location of these uses in regard
to areas where our youth may regularly assemble and the general atmosphere
encompassing their operation is of great concern to the Incorporated
Village of the Branch.
(c)
These special regulations are itemized in this subsection to
accomplish the primary purposes of preventing a concentration of these
uses in any one area and restricting their accessibility to minors.
(2)
ADULT BOOKSTORE
ADULT ENTERTAINMENT CABARET
ADULT THEATER
MASSAGE ESTABLISHMENT
PEEP SHOWS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, other periodicals, films,
slides and videotapes and which establishment is customarily not open
to the public generally but excludes any minor by reason of age.
A public or private establishment which presents topless
dancers, strippers, male or female impersonators or exotic dancers
or other similar entertainments and which establishment is customarily
not open to the public generally but excludes any minor by reason
of age.
A theater that customarily presents motion pictures, films,
videotapes or slide shows that are not open to the public generally
but exclude any minor by reason of age.
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home or medical clinic or
the office a physician, surgeon, chiropractor, osteopath or duly licensed
physical therapist or barbershops or beauty salons in which massages
are administered only to the scalp, face, neck or shoulders. This
definition also shall exclude health clubs which have facilities for
physical exercise, such as tennis courts, racquetball courts or exercise
rooms and which do not receive their primary source of revenue through
the administration of massages.
An establishment which presents material in the farm of live
shows, films or videotapes, viewed from an individual enclosure for
which a fee is charged and which is not open to the public generally
but excludes any minor by reason of age.
(3)
The adult uses as defined in Subsection G(2) above are to be restricted as to location in the following manner in addition to any other requirements of the Incorporated Village of the Branch Code:
(a)
Any of the above uses shall not be located within a one-fourth-mile
radius of another such use.
(b)
Any of the above uses shall not be located within 1,000 feet
of the lot line of the premises used for a school, church or other
place of religious worship, park, parkland, playground or playing
field, library, hospital or similar public or semipublic place of
general congregation.
(4)
No more than one of the adult uses as defined above shall be located
on any lot.
H.
Congregate care facility by special exception permit from the Village Board of Trustees. A congregate care facility shall be defined as any residential development providing efficiency or one or two bedroom units with common dining, recreating and/or medical or nursing home facilities for persons in excess of 65 years of age. In the case of a married couple, one of the spouses must be in excess of 65 years of age. In addition to the special exception permit standards as contained in § 275-83 of this Code, any application for a special exception permit must evidence the following:
[Added 10-14-1997 by L.L. No. 1-1997]
(1)
An association with a fully licensed staffed hospital and nursing
home facility which provides skilled care to residents requiring such
services on a priority basis.
(2)
Kitchen and dining room facilities offering no less than two common
meals to all residents each day.
(3)
A call-button monitoring system for emergency call directly to supervisory
staff on premises.
(4)
A medical history on file for each permanent resident.
(5)
A registered nurse on call on a twenty-four-hour basis for the congregate
care residents.
(6)
A medical doctor or doctors on call on a twenty-four-hour basis for
the congregate care residents.
(7)
On-premises in-house sale and distribution of personal services and
food items for residents of the facility.
(8)
Available transportation for residents from the facility to shopping,
medical, recreational and other major desired points of destination.
(9)
A minimum unit size of 270 square feet of floor area inclusive of
bathroom area.
(10)
A handicapped adaptable bathroom with toilet, sink and shower
stall for each residential unit. No residential unit shall have cooking
facilities of any kind or nature.
(11)
Evidence of sufficient full-time employees to meet the needs
of the residents.
(12)
Three-quarters parking space for each residential unit in the
facility, together with sufficient parking to accommodate state, service
vehicles and visitors.
I.
Senior recreation center by special exception permit from the Village Board of Trustees. A senior recreation center shall be defined as a nonresidential, not-for-profit center offering classes, recreational and leisure facilities for persons in excess of 65 years of age. In addition to the special exception permit standards as contained in § 275-83 of this Code, any application for a special exception permit for a senior recreation center must evidence the following:
[Added 10-14-1997 by L.L. No. 1-1997]
J.
Funeral home by special exception permit from the Village Board of Trustees. Any application for use of land in the Restricted Business District as a funeral home shall meet the requirements as set forth in § 275-83 of this Code for a special exception, together with the funeral home requirements as set forth in Article VII (Historic District) of this Code.
[Added 10-14-1997 by L.L. No. 1-1997]
In the Restricted Business District, no building or structure
shall be erected on a lot containing less than one acre.
In the Restricted Business District, not more than 33 1/3%
of the area of any lot shall contain buildings or structures of any
kind.
In the Restricted Business District, no building or structure
of any kind shall hereafter be erected on any lot containing less
than 100 feet fronting on any public or private street, road or highway
when measured at the front building setback line.
In the Restricted Business District, no building or structure
of any kind shall hereafter be erected unless the front thereof shall
be set back at least 20 feet from Route No. 111.
In the Restricted Business District, no building or structure
of any kind shall hereafter be erected on any lot containing a side
yard less than five feet in width or containing less than a total
of 15 feet for both of the required side yards. Notwithstanding anything
in this chapter to the contrary, no building or structure of any kind
shall hereafter be erected which is less than 30 feet from any other
building or structure, wherever located.
In the Restricted Business District, no building or structure
of any kind shall hereafter be erected, enlarged or altered so that
any part thereof shall be more than 35 feet above ground level; provided,
however, that spires, belfries, cupolas, domes and decorative railings
and fences on top of buildings shall be excluded from the foregoing
height limitations so long as no part thereof shall be used for human
occupancy.
In the Restricted Business District, no building or structure
of any kind shall hereafter be erected on any lot containing a rear
yard less than 80 feet in depth when measured from the rear building
or structure line of the building or structure closest to the easterly
boundary line of the Residence B District to said easterly boundary
line of said Residence B District.
A.
In order to protect property in the Residence B District abutting
or adjoining property in the Restricted Business District, there shall
be provided on the property in the Restricted Business District a
buffer zone area at least 80 feet in depth, to permanently remain
in its natural state, adjoining the Residence B District, within which
no building, accessory building or parking shall be permitted. No
less than the first 10 feet of such buffer zone immediately abutting
or adjoining the Residence B District shall be landscaped with trees
and shrubs at least six feet in height each, which trees and shrubs
shall be so located and of sufficient density as to effectively screen
the Restricted Business District from the Residence B District. The
Planning Board of the Incorporated Village of the Branch may, as a
condition of approval of any site plan submitted to it with respect
to property to be developed in the Restricted Business District, require
the erection of one or more fences and the planting of such trees
and shrubs in such locations and in such number as in its discretion
and opinion will effectively protect property values and the health,
safety, welfare and well-being of the residents in the Residence B
District.
B.
Any site plan required to be submitted for approval pursuant to this
article shall designate all trees and shrubs intended to be planted
and/or retained and all fences intended to be erected and the location
of the same.
C.
The aforesaid buffer zone and all trees and shrubs required to be
planted and fences required to be erected therein shall be maintained
regularly by the owner or owners of the properties in the Restricted
Business District. The same shall include, but shall not be limited
to, the replacement of trees and shrubs, of whatever type is required
by the Board of Trustees, which shall die and/or otherwise become
infected, infested, destroyed or decayed, the replacement of fences
which shall fall into disrepair and the general maintenance of the
buffer zone in a clean, healthful, sanitary and aesthetic condition.
D.
The owner or owners of record of property who shall be directed by
the Board of Trustees or its duly authorized agent to replace trees
or shrubs and/or to repair or replace a fence or fences as provided
in the preceding subsection shall do so within 15 days after the postmarking
of a letter mailed by or on behalf of the Board of Trustees to said
owner or owners of record at the address of record set forth on the
current tax assessment rolls of the Village of the Branch, by certified
mail, return receipt requested, directing compliance with the Board
of Trustees' directive in question. In the event that such order shall
not be duly and timely complied with, the work in question shall be
performed by the Village and the entire cost thereof, including any
attorneys' fees incurred, shall be assessed by the Village upon the
real property and/or properties in question, and the expenses and
fees so assessed shall constitute a lien and charge upon such real
property and/or properties until paid or otherwise satisfied or discharged
and shall be collected in the same manner and at the same time as
other charges, taxes and assessments of the Village.
[Amended 5-12-1981 by L.L. No. 1-1981]
A.
No building or structure of any kind shall hereafter be erected,
enlarged or altered in the Restricted Business District unless at
least the following number of parking spaces shall be provided off
the street for use in connection with such building or structure or
buildings or structures:
|
Type of Use
|
Required Minimum Number of Parking Spaces
|
|---|---|
|
Auditorium, art gallery, church, library, museum, theater, restaurant
or other place of public assembly not otherwise classified
|
1 for every 4 seats or fractional part thereof or 1 per 150
square feet of gross floor area, whichever is greater; provided, however,
that said requirements with respect to theaters and auditoriums may
be satisfied by utilizing that portion of the parking facilities of
an office building devoted solely to office, bank and/or stock brokerage
firm purposes and not to any other use classified or unclassified
in this section, so long as said office building facilities shall
be located on the same lot as the building or structure devoted to
theater or auditorium purposes and so long as the latter-mentioned
non-office building facilities shall be open to the public solely
on Saturdays and/or Sundays and after 6:00 p.m. on weekdays only and
at no other time, except as permitted by special exception from the
Board of Trustees
|
|
Bank, stock brokerage firm, offices or office building
|
1 per 150 square feet of gross floor area
|
|
Funeral home
|
1 per 150 square feet of gross floor area
|
|
Public or private school
|
1 per employee plus 1 per each 8 students in grade 12 or above,
or the parking requirement for the auditorium component, whichever
shall be the greater
|
|
Retail shop or personal service shop
|
1 per 125 square feet of gross floor area
|
B.
All of the foregoing parking facilities shall be located on the premises
on which the building or structure shall be situated, at the rear
or sides thereof or underneath said building or structure; provided,
however, that the Board of Trustees may, by special exception, permit
parking facilities required in connection with the foregoing to be
provided on any plot in the Incorporated Village of the Branch which
shall be located within 300 feet of such building or structure, if
the Board shall determine that it is not practical or causes unnecessary
hardship to require all of the parking facilities which shall be required
to be provided on the same premises on which the building or structure
shall be located.
C.
Each parking space shall have an area of not less than 200 square
feet, and there shall be provided in addition thereto adequate areas
for entering and leaving said parking facilities.
A.
In accordance with the public policy of the State of New York concerning
the conservation of natural resources and the reservation of lands
or moneys for the public acquisition of lands for park, playground
and recreational purposes by land developers, as particularly expressed
in the Constitution of the State of New York and the Village Law of
the State of New York, and for the purpose of promoting the public
good and orderly development of lands in the Incorporated Village
of the Branch in accordance with the purposes of this article, it
is hereby directed and declared to be the public policy of the Incorporated
Village of the Branch that no building or structure shall hereafter
be erected in the Restricted Business District, and no existing building
or structure shall hereafter be structurally altered, enlarged, modified,
expanded or otherwise changed so as to increase the assessed valuation
thereof by more than 50% of the assessed value of such building or
structure at the time of the effective date of this chapter, unless
the owner of such property shall either first set aside and donate
to the Village 10% of the land to be so developed by way of fee title
or pay to the Village a sum, to be determined by the Board of Trustees
of the Village, equal to the then market value of 10% of the land
to be so developed. The land so donated to the Village shall be solely
used and developed by the Village for park, playground, recreation
and/or conservation purposes, or if moneys are donated in lieu of
land, such funds shall constitute a trust fund for park, playground,
recreation and/or conservation purposes, including acquisition and/or
development.
B.
The determination of whether to accept lands or trust fund moneys
shall be in the sole discretion of the Board of Trustees. In making
its determination, the Board shall consider such factors as:
(1)
The total existing acreage then owned by the Village and reserved
for park, playground, recreation and/or conservation purposes.
(2)
The size of the parcel under consideration for donation by the developer.
(3)
The location of such parcel, especially in regards to its proximity
to buildings and structures which are located in the Restricted Business
District and the Residence B District.
(4)
The prospective character of the proposed development of the balance
of the land in question for purposes other than those permitted solely
in a residential district in the Village.
(5)
The density of occupancy existing and proposed of and for the land
to be developed.
(6)
The topography thereof.
(7)
The general suitability of such lands or any part thereof for park,
playground, recreation and/or conservation purposes.
C.
Any land donated to the Village for park, playground, recreation
and/or conservation purposes pursuant to this article may include
all or any part of the buffer zone area required to be maintained
by the owner of premises in the Restricted Business District and may
or may not be on the same lot proposed to be developed.
D.
No certificate of occupancy shall hereafter be issued by the Building
Inspector with respect to buildings and structures in the Restricted
Business District unless any and all of the provisions of this article
shall have been complied with, if applicable to the property in question.
In the Restricted Business District, only the following types
of signs may be erected and on the following conditions:
A.
One freestanding sign outside of and detached from every building
situated within the Restricted Business District, for the purpose
of showing any and all uses of premises therein, which sign shall
be located on the premises of such building and shall be no greater
than six feet by six feet in dimensions. In no event, however, shall
the bottom of such sign be more than five feet above ground level.
B.
In addition to the foregoing, every motion picture or other type
of theater may have attached to the front of the building in which
such theater shall be contained one sign, which sign shall be no greater
than 30 feet square in dimensions and shall be subject to approval
of the Board of Trustees. No marquee-type signs advertising material
being performed in or shown in such theater or theaters shall be permitted
outside thereof.
