[Amended 2-3-1975 by L.L. No. 1-1975; 3-18-1996 by L.L. No. 1-1996]
All plans for the use, erection, enlargement or alteration of any building or property in a B-1 District shall be subject to site plan approval by the Board of Trustees. In addition, any proposed change of use which would increase the requirement for off-street parking or loading spaces shall be similarly subject to site plan approval by the Board of Trustees.
The following uses are permitted in all B-1 Districts:
All uses permitted in a Residential R-3 District, subject to all the provisions specified for such residential district.
Stores and shops for the conducting of any retail business, except as provided in Subsection L below.
Personal service shops other than car wash.
Banks, offices and studios.
Shops for custom work. Shops for making articles or products to be sold only at retail on the premises and within a building.
Assembly halls and bowling alleys.
Residential use, except on the ground floor level.
Bus passenger stations and telegraph offices.
Accessory buildings and necessary uses incidental to the permitted use.
Any permitted nonresidential use containing in excess of 20,000 square feet of floor area shall be subject to special permit approval of the Board of Trustees and to such conditions as the Board of Trustees may determine in connection therewith.
A quick service eating and drinking establishment as defined in § 200-2 shall not be permitted under the provisions of this section unless the applicant shall first obtain special permit approval of the Zoning Board of Appeals, applying the tests, standards and conditions set forth in § 200-74 herein.
[Added 3-17-1997 by L.L. No. 3-1997]
All plans, uses and conditions permitted in a B-1 District shall be subject to the approval of the Board of Trustees after Public Hearing. The criterion to be used by the Board of Trustees are the same as those used by the Zoning Board in § 200-97.
The following uses are prohibited in all B-1 Districts:
All other uses except those noted above shall be prohibited.
Any trade, business, purpose or use, whether or not enumerated in § 200-65, that is declared by the Board of Trustees to be noxious or offensive by reason of hazard or the emission of odor, dust, refuse matter, wastes, smoke, gas or noise, or to be detrimental to the comfort, peace, enjoyment, health or safety of the community, or to tend to become so, is prohibited and shall cease forthwith upon notice of such declaration, if already in operation or existence.
[Amended 3-18-1996 by L.L. No. 1-1996; 11-21-2005 by L.L. No. 6-2005]
No building or structure shall be erected to a height in excess of 30 feet and two stories above the grade plane. No accessory building shall be erected to a height in excess of 15 feet.
The minimum lot area for a business building in a B-1 District shall not be less than 5,000 square feet.
All principal and accessory buildings shall not cover in the aggregate more than 65% of the area of the lot.
Each lot shall have front, rear and side yards not less than the depths or widths as follows:
[Amended 3-18-1996 by L.L. No. 1-1996]
The following off-street parking, loading and related requirements shall apply in connection with any application for the use, erection, enlargement or alteration of any building or for the change in any use which would increase the number of off-street parking or loading spaces required. All off-street parking, loading and related improvements shall be satisfactorily maintained by the owner of the property for the duration of the buildings or uses being served:
Dwellings: at least one parking space for each dwelling unit in the building or buildings.
Auditoriums, theaters or other places of public assemblage: at least one parking space for each three seats provided for its patrons (based on maximum seating capacity).
Restaurants: at least one parking space for each three seats or for each 75 square feet of floor area, whichever requirement is greater.
Retail and personal service businesses: at least one parking space for each 150 square feet of floor area.
Offices: at least one parking space for each 250 square feet of floor area.
Medical/dental offices: at least one parking space for each 200 square feet of floor area.
Banks: at least five parking spaces per teller station, but not less than one parking space for each 150 square feet of floor area.
Off-street parking requirements for uses which do not fall within one of the above categories shall be determined by the Village Board of Trustees, after review and report by the Planning Board, as a part of the site plan and/or special permit approval process.
All parking spaces provided pursuant to this section shall be on the same lot with the building, except that the Board of Appeals may permit the parking spaces to be on any lot within 500 feet of the building, if it determines that it is impractical to provide parking on the same lot with the building.
Where two or more different uses are served by the same parking facility, the total number of parking spaces required shall be the sum of the requirements for each individual use, except that the Board of Trustees may approve, after review and report by the Planning Board, the joint use of parking spaces by two or more different uses on the same or contiguous lots, provided that the total number of spaces is no more than 1/3 less than the sum of the spaces required. In such case, the Board of Trustees shall find that the capacity to be provided will substantially meet the intent of the requirements of this chapter by reason of variation in the probable time of maximum use by patrons and employees of such establishments, and provided that such approval of joint use of parking spaces shall be automatically terminated upon the termination of the operation of one or more of the establishments served. If more than one lot is involved, the Board of Trustees shall require, as a condition of its approval, a legal instrument in form satisfactory to the Village Attorney, assuring the continued use of such joint parking facilities in connection with the uses they are intended to serve.
Fee in lieu of off-street parking.
At the request of the property owner, the Village Board of Trustees, after review and report by the Planning Board, may accept the payment of a fee in substitution for providing some or all of the required off-street parking spaces, provided that the Board finds that the required number of spaces cannot reasonably be provided on the site. Such fee in lieu of providing parking shall be applicable only within the B-1 District and shall be assessed at the rate of $10,000 for each space. This fee is based upon the estimated cost for land acquisition, demolition and construction of municipal parking in the B-1 District. Any such payments shall be placed in a special trust fund to be used exclusively for public parking space purposes to benefit the B-1 District. The fee may be paid in full at the time of site plan approval or over a period not to exceed 10 years, with interest, in accordance with terms and conditions to be mutually agreed upon by the property owner and the Board of Trustees.
By acceptance of the fee in lieu, the Village of Ardsley undertakes to provide parking of a type, location and quantity appropriate to help meet the needs of the properties for which fees have been paid. The Village may charge for the use of such spaces an amount consistent with the charge for other publicly provided parking in the B-1 District. All expenditures from the parking trust fund shall be designed to increase the quantity and/or the quality of municipal parking available to serve the B-1 District.
Retail and service business establishments, restaurants and banks: at least one loading space shall be provided for each 10,000 square feet of floor area or major portion thereof.
Offices: at least one loading space shall be provided for each 25,000 square feet of floor area or major portion thereof.
Off-street loading requirements for land uses which do not fall within the categories listed above shall be determined by the Village Board of Trustees, after review and report by the Planning Board, as a part of the site plan and/or special permit approval process.
Waiver of improvement. Where the Board of Trustees, in connection with its review of a site plan, determines that the immediate use of any property may not warrant the full improvement of all required off-street parking and/or loading spaces, the Board, after review and report by the Planning Board, may waive the improvement of up to 1/3 of the total number of such spaces, subject to the following conditions:
It shall be expressly demonstrated on the site plan that sufficient space remains for the provision of the total amount of off-street parking and loading required.
Any unimproved portions of the parking and loading facility shall be used and maintained as additional landscaped area until and unless required for parking and loading purposes.
Written guaranties, subject to approval by the Village Attorney, shall be submitted by the property owner ensuring the improvement of all or such portion of the waived parking and/or loading facilities as the Board of Trustees may, in the future, determine to be necessary. Such improvement shall be completed within six months of the date of the mailing to the property owner of a copy of a Board of Trustees resolution deeming that such spaces, in said Board's opinion, have become necessary and must be constructed.
Landscaping of off-street parking and loading areas. All off-street parking and loading facilities shall be curbed, screened and landscaped with appropriate trees, shrubs, ground cover and other plant materials to assure the establishment of a safe, convenient and attractive facility and shall comply with the following requirements:
In all off-street parking areas containing 25 or more parking spaces, at least 10% of the parking area shall be curbed and landscaped with trees, shrubs and other plant materials as determined appropriate by the Board of Trustees.
For the purpose of preventing the diagonal movement of vehicles, alleviating the visual impact of large expanses of paved areas and otherwise improving traffic and pedestrian safety, raised landscaped islands shall be provided wherever possible. Such landscaped islands shall be located at the ends of each parking bay containing 10 or more spaces and separating opposing rows of parking spaces. The minimum width of landscaped islands shall be six feet where located at the ends of parking bays and eight feet in other locations.
At least one tree of not less than four inches caliper measured at a height of three feet above grade shall be provided within such parking area for each eight parking spaces.
The selection, amount and location of landscaping materials shall be based upon consideration of the adequacy of the proposed landscaping to serve its intended purpose with a minimum of nuisance and maintenance problems, including plant care, snowplowing and leaf removal.
All landscaping shall be maintained in a healthy growing condition throughout the duration of the structure or use which it is intended to serve. Any planting not so maintained shall be replaced with new plants at the beginning of the next, immediately following growing season.
Evergreen landscaping and screening shall be provided to buffer off-street parking and loading areas from neighboring properties in residence districts.
Landscaping shall also be provided along the periphery of all off-street parking and loading areas where they abut streets and other neighboring properties.
The selection, design and arrangement of landscaping shall take into consideration the need to maintain clear sight distance for drivers entering, exiting and circulating around the off-street parking and loading area.
All landscaping plans shall be subject to approval by the Board of Trustees, after review and report by the Planning Board.
Lighting. All off-street parking and loading areas shall be suitably lighted to provide for the safety and convenience of those using such facilities. Illumination shall be of such type and location, and shall have such shading, as will prevent the source of the light, or any objectionable glare, from being observable from any neighboring streets or properties. The location of lighting facilities shall be coordinated with the landscaping plan so as to assure adequate coverage of all areas. The lighting plan shall be subject to approval of the Board of Trustees, after review and report by the Planning Board.
Directional signage. Standard traffic directional signage shall be provided in all off-street parking and loading areas to properly control and direct traffic flow. The design and location of such signage shall be based on accepted engineering practice and subject to approval by the Board of Trustees, after review and report by the Planning Board.
Aisles. All parking spaces shall be designed at a 90° angle with a twenty-four-foot-wide two-way maneuvering aisle unless a different width or angle is permitted or required by the Board of Trustees based upon the unique size, shape and/or function of the parking facility. In those circumstances where the Board of Trustees does permit parking at an angle other than 90°, circulation in each maneuvering aisle shall be limited to one-way only.
Modification of parking/loading space requirements. In applying the above off-street parking and loading space requirements, the Board of Trustees shall take into consideration the specific nature of the use proposed, e.g., high turnover, regional serving uses versus low turnover, local serving uses, and, as a result of such consideration, may modify the minimum requirements, after review and report by the Planning Board, provided that these requirements may be neither increased nor decreased by more than 1/3 without a zoning amendment or variance. In the case of any such modification, the Board of Trustees shall state in its resolution of site plan/special permit approval the basis upon which such modification is made.
Access to any lot or building in a B-1 District shall be had only from a business street. As used herein, "business street" means a public highway, road, street or thoroughfare entirely within, or abutting on one side upon, a B-1 District and, in either event, not extending into or through any residential district within 300 feet of any part of the lot or building, access to which is in question, and which public highway, road, street or thoroughfare provides or forms part of a route from the boundary line of the Village to the lot or building, access to which is in question, without passing through any residential district of the Village.