[Amended 3-18-1996 by L.L. No. 1-1996]
A.
All plans for the use, erection, enlargement or alteration
of any building or property in a B-2 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.
B.
The following uses are permitted in all B-2 Districts:
All uses not otherwise prohibited by law, except that no residential
use shall be permitted, other than one apartment in each building
for occupancy by custodial personnel only.
A.
The following trades, industries or uses are specifically
prohibited:
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Acetylene gas manufacture and/or storage
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Acid manufacture (hydrochloric, nitric, picric,
sulphuric, sulphurous, carbolic, etc.)
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Alcohol manufacture
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Ammonia, bleaching powder or chlorine manufacture
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Amusement area, pony ride, baseball or golf
driving ranges, etc.
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Arsenal
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Asphalt manufacture or refining
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Auto wrecking
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Blast furnace
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Boiler or tank works
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Brewery or malt house
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Brewing or distilling of beverages
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Brick, pottery, tile or terra-cotta or masonry
block manufacture
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Camps
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Car wash
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Cement, lime, gypsum or plaster of paris manufacture
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Central mixing plant for cement, mortar, plaster
or paving materials
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Coal distillation
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Coal yard
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Coke ovens
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Commercial garage
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Creosote treatment or manufacture
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Cutting, curing, tanning or storage of raw hides
and skins
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Dead animal and offal reduction
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Diner (lunchwagon)
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Disinfectant, insecticide or poison manufacture
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Distillation of bones, petroleum, refuse, grain,
tar, coal or wood
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Explosives, fireworks and gunpowder manufacturing
or storage
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Fat rendering and grease, lard or tallow manufacture
or refining of fats
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Fertilizer manufacture
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Fish smoking or curing
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Flour or feed mill
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Forge plant
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Foundry or metal fabricating plant
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Freight terminal or freight yard
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Gas (illuminating or heating) manufacture or
storage
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Gasoline station (See Supplementary Regulations)[1]
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Glass manufacture
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Glucose manufacture
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Glue, size or gelatin manufacture
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Hog farm
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Hotel
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Hydrocarbon or material, reclaiming, distilling
and refining
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Incineration, reduction, storage or dumping
of slaughterhouse refuse, rancid fats, garbage, dead animals or offal
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Insecticide manufacture
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Laundry plant, steam or wet wash
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Lime, cement or plaster of paris manufacture
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Linoleum manufacture
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Linseed oil, paint oil, shellac, turpentine
or varnish manufacture
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Livery stable, corral, riding academy or livestock
barn
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Manufacture, development or operation of any
kind that may tend to produce atomic or ionizing radiation
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Meatpacking
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Milk bottling or central distributing station
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Motel
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Oilcloth or linoleum manufacture
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Oiled or rubber goods manufacture
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Ore reduction
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Outdoor drive-in theatre[2]
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Paint, oil shellac, turpentine, varnish or enamel
manufacture
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Paper or pulp manufacture
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Petroleum or kerosene refining, distillation
or derivation of byproducts and/or storage
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Pickles, sauerkraut or vinegar processing
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Planing mill
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Plaster manufacture
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Plastics manufacture
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Potash works
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Poultry killing or dressing
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Power forge (riveting, hammering, punching,
chipping, drawing, rolling or tumbling of iron, steel, brass or copper,
except as a necessary incident of manufacture of which these processes
form a minor part, and which are carried on without objectionable
noise outside the plant)
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Pyroxylin plastic manufacture or manufacture
of products thereof
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Railroad yards
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Reduction, canning, processing or treatment
of fish or animal products
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Residences
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Rock crusher
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Rolling mill
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Scrap iron or junk storage
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Scrap paper or rag storage, sorting, processing
or baling
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Slaughtering of animals
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Smelting
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Soap manufacture
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Soda and washing compound manufacture
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Stable
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Starch, glucose or dextrine manufacture
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Steam plant
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Steel furnace, blooming or rolling mill
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Stock yards
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Stone cutting or monument works
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Stone quarry, mill or crusher
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Storage yards
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Structural steel or pipe works
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Swimming pool
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Tar distillation or manufacture
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Tar roofing, waterproofing or treatment
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Trailer
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Tourist home
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Yeast plant
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Any other trade, business purpose or use that
is declared by the Zoning Board of Appeals 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.
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B.
If it can be proved to the satisfaction of the Zoning
Board of Appeals that any of the foregoing uses is neither objectionable,
noxious or offensive by reason of hazard or the emission or creation
of odor, dust, fumes, smoke, gas, noise, glaring lights, vibration
or similar substances or conditions equal in aggregate amount to that
of any use specified, nor detrimental to the comfort, peace, enjoyment,
health or safety of the community, then, upon the posting of an adequate
bond, that proposed use, at the discretion of the Zoning Board of
Appeals and after a public hearing, may be granted a special permit
to operate upon such terms and conditions as the Zoning Board of Appeals
shall deem reasonable, provided that the special permit shall be revoked,
such bond forfeited and occupancy of said structure shall immediately
cease in the event of violation of any of the terms and conditions
upon which such permit was granted.
C.
Quick service eating and drinking establishments.
[Amended 3-18-1996 by L.L. No. 1-1996]
(1)
No quick service eating and drinking establishment
shall be permitted without first obtaining a special permit from the
Zoning Board of Appeals.
(2)
Quick service eating and drinking establishments shall
be permitted only when located in multitenanted buildings, and no
such establishment shall be located closer than 1,000 feet to another
such establishment.
(3)
The Zoning Board of Appeals shall, in each individual
case, consider the potential traffic impact of the proposed quick
service eating and drinking establishment on the adjoining road system.
Where said Board determines that such traffic may have a significant,
adverse impact, it may deny the application or it may allow the applicant
to improve the road system or require such reduction in scale or other
modification of the size and nature of the proposed use as, in the
opinion of said Board, will be adequate to reduce the estimated traffic
impact to an acceptable level.
(4)
All waste materials shall be stored in rodentproof
containers which shall be kept in a screened or enclosed location
and shall be removed from the premises daily, with the exception of
Sundays and holidays.
(5)
In addition to all other applicable standards and
requirements, the Zoning Board of Appeals may, as a condition of approval
of the special permit, establish any other additional standards, conditions
and requirements, including limitations on hours of operation, signage,
lighting and so forth, as it may deem necessary or appropriate to
promote the public health, safety and welfare and to otherwise implement
the intent of this chapter.
(6)
The off-street parking requirement for quick service
eating and drinking establishments shall be a minimum of one parking
space for each 35 square feet of floor area.
(7)
Prior to scheduling a public hearing, the Board of
Appeals shall refer any application for the establishment of a quick
service eating and drinking establishment to the Planning Board for
its report and recommendation thereon. The Planning Board shall report
said recommendation within 45 days of the date of its referral, unless
such time limit is extended by the Zoning Board of Appeals, in which
case it may be extended to not more than 90 days without the consent
of the applicant.
[Amended 11-21-2005 by L.L. No. 6-2005]
No building or structure shall be erected to
a height in excess of 45 feet nor shall it exceed three stories above
the grade plane.
The minimum lot area for the principal building
in a B-2 District shall not be less than 5,000 square feet.
A.
Each lot shall have a front yard not less than 25
feet in depth.
B.
There shall be a side yard along the sides of every
lot in a B-2 District of not less than 10 feet; provided, however,
that any lot bordering a residence district on a side yard shall have
a side yard of a width not less than the minimum width as required
in said adjacent resident district.
C.
There shall be a rear yard on every lot in a B-2 District
of not less than 25 feet in depth.
Access to any lot or building in a B-2 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-2 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.
[Amended 3-18-1996 by L.L. No. 1-1996]
Off-street parking and loading facilities shall be provided as required in § 200-71.
[Amended 12-17-1990 by L.L. No. 16-1990]
All plans, uses and conditions permitted in a B-2 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.
