[Added 11-3-2004 by L.L. No. 45-2004]
The intent of the Downtown Center 1: Main Street (DC-1) Zoning
Use District is to allow, maintain, and foster a traditional downtown
character along Main Street, with a pedestrian-friendly streetscape,
active ground-floor uses, a twenty-four-hour presence from upper-story
residential, with a compact, walkable scale.
In the DC-1 Zoning Use District, no building, structure, or
premises shall be used or arranged or designed to be used, and no
building or structure shall be hereafter erected, reconstructed, or
altered, unless otherwise provided in this chapter, except for the
following permitted uses or specially permitted uses and their customary
accessory uses:
A.
Permitted uses:
[Amended 2-7-2006 by L.L. No. 8-2006]
(2)
Banks.
(3)
Personal service businesses.
(4)
Indoor public markets.
(5)
Art galleries and studios.
(6)
Museums, libraries, aquariums and other cultural attractions.
(7)
Restaurants, cafes, bakeries with retail sale on premises, banquet
facilities, specialty food stores, ice cream parlors.
(8)
Theaters and cinemas.
(9)
Professional offices (except for veterinary offices) on the
ground floor.
(10)
Schools (including business and secretarial).
(11)
Places of worship.
(12)
Residential units on upper floors, subject to the following
conditions:
[Amended 11-17-2009 by L.L. No. 62-2009]
(a)
Studio apartments or efficiency units consisting of not more
than one habitable room, together with kitchen or kitchenette and
sanitary facilities, shall have a minimum of 300 square feet and a
maximum of 450 square feet.
(b)
Except as set forth in Subsection A(12)(a) above, the dwelling unit may contain one kitchen, one dining room, one living room, one or two bathrooms and up to two bedrooms. Rooms designated as dens, libraries, studios, family rooms, bonus rooms, computer rooms, or any similarly named room, shall be deemed to be additional bedrooms, unless the room is designed such that the dimensions are less than 70 square feet or as part of an open floor plan design.
(c)
The application for site plan approval must include all floor plans which demonstrate compliance with the provisions in Subsection A(12)(a) and (b) above.
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Note: Subsequent to the date of enactment of this article, upon the issuance of certificates of occupancy for 500 residential units, such residential units as set forth in Subsection A(12) of this section shall be prohibited within the DC-1 Zoning Use District.
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(13)
Bed-and-breakfast establishments.
(14)
Townhouses upon lots with frontage along public highways other
than New York State Route 25.
B.
Special permit uses:
(1)
Hotels.
(2)
Marinas.
(3)
Taverns.
(4)
Indoor recreation facilities.
(5)
Day-care, nursery schools.
(6)
Dormitories, on upper floors.
(7)
Retail stores with greater than 10,000 square feet of gross
leasable floor area.
(8)
Microbrewery,
brew pub, microcidery and microwinery, subject to the following additional
criteria:
[Added 7-7-2015 by L.L.
No. 10-2015]
(a)
The use shall not be located within 200 feet of a school or house
of worship.
(b)
The use shall be limited to serving prepackaged food products, unless
the applicant obtains approval and a certificate of occupancy for
use as a brew pub or restaurant use within that portion of the premises
used for preparation and service of food.
(c)
The use shall permit tastings and sale for on-site consumption, subject
to all required permits and approvals required by state and local
laws, rules and regulations.
(d)
The use shall permit sale for off-site consumption (i.e., filling
of growlers) limited to 1,000 barrels annually and offer to licensed
retailers and wholesalers limited to 2,500 barrels of beer, cider
or wine annually.
(e)
The processing and manufacturing shall not exceed 10,000 barrels
(310,000 gallons) annually.
(f)
All manufacturing and processing activities, including storage of
grains, shall take place within an enclosed building.
(g)
A maximum of 70% of the total square footage shall be used for manufacture
and processing.
(h)
A minimum of 30% shall be used for the sale and marketing of the
manufactured product.
(i)
All sales and marketing shall be located in the portion of the building
located along road frontage.
(j)
A microbrewery, brew pub, microcidery or microwinery use shall be
required to hook up to the sewer system and enter into a monitoring
agreement with the Sewer District to determine flow and calculate
the use fee. (Note: A separate hookup and fee shall be assessed for
a pub/restaurant use related to a brew pub.)
(k)
All loading areas shall be located in the rear portion of the building.
C.
Accessory uses. Accessory uses shall include those uses customarily
incidental to any of the above permitted uses or specially permitted
uses when located on the same lot. Specifically permitted are the
following:
(1)
Artists' studios, provided that they occupy 40% or less of a
principal residence or are located in a detached accessory building
on a residential parcel, and do not exceed 1,000 square feet of floor
area.
D.
Prohibited uses:
(1)
All ground-floor offices, with the exception of real estate
and professional offices.
(2)
Office-only buildings.
(3)
Ground-floor residential units, with the exception of townhouse
uses.
(4)
Flea markets, with the exception of farmers markets.
(5)
Gas stations, car washes, and other automobile-oriented uses.
(6)
Drive-through windows for restaurants and banks.
(7)
Antennas for wireless providers.
No buildings shall be erected nor any lot or land area utilized
unless in conformity with the Zoning Schedule[1] incorporated into this chapter by reference and made a
part hereof with the same force and effect as if such requirements
were herein set forth in full as specified in said schedule, except
as may be hereafter specifically modified.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
[Amended 5-5-2009 by L.L. No. 21-2009]
The design, buffer and parking standards listed in the provisions
below (Subsections A and B of this section) are intended as a guide
or measure for improvements in parcels in this zoning district, and
the word "shall" recited in the provisions below, with the exception
of Subsection B(1) which requires adherence to the Parking Schedule,
is intended to obtain compliance with the provisions to the extent
practicable as determined by the Board responsible for review.
A.
Design standards.
(1)
The principal building entrance and front shall face the primary
street frontage and sidewalk. Secondary building entrances on the
south side of Main Street shall face the Peconic Riverfront.
(2)
At least 75% of linear width of the front facade shall be comprised
of transparent windows. Where shade is desired, awnings are encouraged.
Windows may not be obscured more than 10% by opaque banners, or either
permanent or temporary advertisements or signs.
(3)
Building shape, massing, and siting should reflect the prevalent
character of surrounding buildings on the block.
(4)
Facades of commercial buildings that face sidewalks or pedestrian
walkways shall be required to have variations in facade plane, piers,
or other architectural features.
(5)
Signage in the DC-1 Zoning Use District shall be provided in accordance with Article XLVIII, Signs, of this chapter.
(6)
Buffering and transitions.
(a)
Trash and/or dumpster areas shall be screened by wood fences or landscaping, or a combination thereof pursuant to § 245-8.
(b)
Buffer plantings or landscaping or opaque fences, preferably
wood fences, shall be provided between commercial businesses and adjoining
residential uses.
(c)
Deliveries and loading activities shall, to the extent possible,
be restricted to the hours between 8:00 a.m. and 5:00 p.m. on weekdays.
B.
Parking standards.
(1)
The number of off-street parking spaces in the DC-1 Zoning Use District shall be provided in accordance with § 301-231, Off-street parking.
(2)
Where credible evidence is provided by traffic counts or data
by a licensed traffic engineer, up to a twenty-percent reduction in
off-street parking may be permitted for shared parking, where the
peak parking of two or more uses occurs at different times.
(3)
The parking requirement may be reduced with payment of a fee in lieu of providing off-street parking as provided for in § 301-231.
(4)
Off-street parking shall not be permitted in the front yard.
Parking shall be sited to the rear of buildings, away from street
frontage(s) when possible, or to the side of buildings. In all cases,
garages and parking areas shall be recessed at least five feet from
the primary front facade plane of the main building, and at least
15 feet back from the front property line.
(5)
Parking may also be located fully below buildings, partially
below grade in a building, or at grade within a building, provided
it is fully enclosed and no entry is provided facing a public street
or front yard. Structured parking that is partially below grade shall
be screened from the street by steps, trellises, or screens.
(6)
Curb cuts to parking lots and garages shall be minimized by
sharing driveways for access to adjacent parking lots. However, curb
cuts and driveways are prohibited along the front property line for
properties less than 30 feet in width; in these situations, parking
must be accessed from a rear alley, side street, or shared rear lot.
C.
Storefronts and facade standards. The storefronts and facades of
building(s)/structure(s) shall be maintained in a way that does not
provide evidence of vacancy. The interiors, when visible to passersby
through storefront windows, shall be maintained in a way that does
not exhibit evidence of vacancy. Any storage within the building(s)/structure(s)
shall be concealed by means of storefront and/or window decor, displays,
etc. Spray painting or frosting windows is not an acceptable means
by which an owner of property may conceal that which is within.
[Added 10-17-2017 by L.L.
No. 22-2017]
