In the Apartment and Business District the following
regulations shall apply.
[Amended 8-30-1976 by L.L. No. 3-1976; 5-14-1990 by L.L. No. 1-1990; 1-13-1997 by L.L. No. 7-1996]
A.
Purpose and intent. The Board of Trustees finds that
the permitted uses within the Apartment and Business District need
to be modernized to keep pace with current technologies, public expectations
and the needs of a twenty-first-century community.
[Amended 10-19-2015 by L.L. No. 3-2015]
B.
No building may be erected, altered or used, and no
lot or premises may be used, except for:
[Amended 1-22-2007 by L.L. No. 2-2007]
(2)
Public library or school.
(3)
Public art gallery or public museum.
(5)
Multiple dwelling or apartment house.
(6)
Stores for the sale of goods at retail only or for
the performance of customary personal services clearly incidental
to retail sales, except that the use of any premises, or part thereof,
in connection with any of the following activities shall be prohibited:
[Amended 9-28-2009 by L.L. No. 1-2009]
(a)
Resale, thrift or pawn shops;
(b)
Tattooing, body painting, body piercing or body art;
(c)
The sale or display of drug paraphernalia and objects or appliances
utilized in connection with the use of illicit substances;
(d)
The sale or display of books, magazines, films, videotapes, DVDs
or other stock-in-trade relating to adult materials and adult uses;
(e)
Any cabaret, motel, theater, shop or bookstore engaging in the sale,
display, performance or engagement of adult activities which, by custom
or law are not open to the public generally and/or exclude minors
by reason of age; and
(f)
Massage establishments where massages are administered for pay, including
parlors, saunas and steam baths, but excluding such similar services
performed by licensed health professionals, therapists or as an incidental
service within hair, health and/or beauty salons.
(7)
Office building, bank or financial institution.
(8)
Restaurant, other than a fast-food restaurant, as provided in Subsection G herein, bakery shop, confectionery shop, florist or year-round nursery.
[Amended 10-19-2015 by L.L. No. 3-2015]
(9)
Newspaper office or job printing, bookbindery, engraving,
printing/lithography, photography or photo processing.
(10)
Professional office.
(11)
Shops for computer assembly, cabinet making,
furniture restoration, locksmith, glazer, glass etcher, carpenters,
plumbers, upholsterers, electricians, tinsmiths, paperhangers, painters,
dressmakers, milliners, barbers, hairdressers, fingernail-foot-skin
care, shoemakers, jewelers, watch and clock makers, opticians, musical
and scientific instruments and other trades or uses of similar grade.
[Amended 10-19-2015 by L.L. No. 3-2015]
C.
Fabricating, treating, converting, finishing, altering
or assembling shall be permitted in connection with any of the permitted
uses heretofore set forth, under the following conditions:
(1)
Such work or services are reasonable, incident and
accessory to the preparation of finished goods or finished articles
made on the premises.
(2)
All or a portion of such goods or articles are sold
at retail on the premises.
(3)
No more than 15 operatives shall be engaged in such
work or services.
(4)
Such work or services shall utilize no more than 70%
of the first-floor space.
(5)
At least 20% of the first-floor space is utilized
for the actual retail sale of such goods or articles produced on the
premises and that the retail portion of the premises is open for business
to the public no less than five business days a week, during customary
business hours, holidays excluded.
D.
No structure or part thereof shall be used for more
than one of the permitted uses unless such additional use is necessarily
incidental to the primary use.
E.
In connection with any such permitted use, no occupant
shall utilize any corrosive or hazardous materials nor create noxious
fumes.
F.
Gasoline dispensing stations and automobile sales and service uses may continue as they existed on January 22, 2007, as nonconforming uses subject to Bellerose Village Code § 210-35 herein. Such uses shall not be intensified nor expanded in any manner.
[Added 1-22-2007 by L.L. No. 2-2007]
G.
Uses permitted by special use permit.
[Added 11-28-2007 by L.L. No. 5-2007]
(1)
No structure shall be used or erected as a brush-free
hand car wash without first obtaining a special use permit from the
Board of Trustees after a public hearing and in accordance with § 7-725-b
of the Village Law. The special use permit shall be in addition to
any area variance relief which may be granted by the Board of Appeals,
and to Architectural Review Committee approval.
[Amended 1-23-2012 by L.L. No. 1-2012]
(a)
A special use permit may be granted for a limited
duration, subject to renewal(s) based upon the impact, effect and
experience of such use upon the community.
(b)
The Board of Trustees shall have the authority
to impose reasonable conditions and restrictions which relate and
are incidental to such proposed use, to ensure health, safety, public
welfare and property values as may be necessary, including the regulation
of hours of operation, parking, access, noise abatement, traffic flow,
landscaping, signage, drainage, lighting, water disposal, storage,
environmental protections and such other restrictions or limitations
which may be appropriate.
(c)
The Board of Trustees shall have the power to
permit the retail sale of incidental items within the facility, such
as candy, snack foods; windshield, transmission, oil fluids and other
car products; soda, juice and milk. The sale of cigarettes, tobacco,
related products, beer and alcohol is prohibited. No mechanical work
shall be performed on the premises, nor shall the sale or storage
of tires, batteries or auto parts be permitted.
(d)
A separate certificate of occupancy shall be
obtained for any other permitted use operated within a separate portion
of the premises.
(e)
In the event that any stipulation, covenant, law, rule or regulation is violated, the Board of Trustees shall have the privilege to suspend or revoke the special use permit or certificate of occupancy, after a public hearing upon not less than 10 days' written notice to the permittee. Violations of any stipulation or covenant shall also constitute a code violation as provided in BVC § 210-51.
(2)
Fast-food establishment:
[Added 10-19-2015 by L.L.
No. 3-2015]
(a)
A fast-food establishment shall be permitted, provided that a special
exception from the Board of Trustees is first obtained and subject
to reasonable conditions as imposed by such Board.
(b)
A fast-food establishment is any store, restaurant, cafe or business
selling or serving food or beverages, which makes use of drive-in,
drive-through or drive-up windows for any customers or whose sales
are substantially made to customers on a take-out basis.
The minimum lot area shall be 600 square feet
per family for apartments, 4,000 square feet for single-family dwellings
and 5,000 square feet for two-family detached dwellings. Variance
from the provisions of this section is permitted when authorized by
the Board of Appeals.
There shall be a rear yard, the depth of which
shall not be less than 15 feet.
Buildings shall be set back at least five feet
from the lot line on Jericho Turnpike and at least two feet from the
lot line on Massachusetts Boulevard, Commonwealth Boulevard and Pennsylvania
Boulevard. The said five feet by which the building shall be set back
from the lot line on Jericho Turnpike may be used for cellar steps,
cellar doors, areaways, vaults or other subsurface structures.
No building shall be more than two stories high
or exceed 30 feet in height. Chimneys, flagpoles, radio or television
antennas or similar projections, when affixed to a building, shall
not exceed more than 10 feet above the roof of the building nor, in
any event, more than 35 feet above the level of the curb in front
of such building.
In the case of a building used for dwelling
purposes, the building area shall not exceed 80% of the lot area.
In a building more than one story in height,
each room in which persons live, sleep, work or congregate shall have
at least one window opening directly either upon a street, a front
yard, a rear yard, a side yard or a court. Such court shall be at
least five feet in width and shall be open and unobstructed to the
sky, except for ordinary projections of windowsills and ornamental
features, and shall extend from the street or the front yard or the
rear yard or the side yard to a distance at least five feet beyond
such window. This provision, however, shall not be deemed to apply
to courts or shafts for bathrooms, toilet compartments, hallways or
stairways.
[Added 6-22-1987 by L.L. No. 1-1987]
The following regulations shall apply in the
Apartment and Business District:
A.
Off-street parking spaces, open or enclosed, shall be provided and satisfactorily maintained as a permitted accessory use to all uses of buildings, structures and lots which are hereafter erected, enlarged, altered or intensified by change in occupancy or the addition of floor area. The minimum number of spaces required is stipulated by use in Subsection H herein.
B.
All parking spaces provided pursuant to this section
shall be on the same lot as the building unless approval for another
location is granted by the Board of Appeals pursuant to the further
provisions of the Code.
C.
Parking spaces shall be of hard-surface paving, either
asphalt or concrete, according to the specifications of the Building
Department and shall provide drainage so that surface waters do not
flow into public streets, the municipal storage systems or upon adjacent
properties or sanitary sewer systems.
D.
A garage may be used to meet the requirements of this
section.
E.
Where parking facilities are provided in an amount
of more than 10 but less than 40 spaces, at least one space shall
be reserved for the physically handicapped.
F.
Where off-street parking spaces are provided pursuant
to this section, the applicant shall submit for review and approval
by the Building Department and Village Engineer, a scale drawing of
the parking layout and a traffic circulation (ingress/egress) plan.
G.
A "parking space" is an area for parking one automobile
in an accessible area of generally not less than 8 1/2 feet wide
and 18 1/2 feet long, not including a passageway.
H.
For each of the following uses permitted in the district,
the required number of parking spaces shall be provided in accordance
with standards established in this section and any other requirements
of the Code:
|
Uses
|
Minimum Number of Spaces
| |
|---|---|---|
|
Single-family dwelling
|
2 per unit
| |
|
Multiple-family dwelling or apart- ment unit
|
1.3 per unit
| |
|
Restaurant, theater, auditorium, museum, church
or other place of public assembly
|
1 space per 4 seats or 4 persons who can be
legally accommodated
| |
|
Automobile sales lot, auto mainte- nance and
repairs, retail store and personal service shop
|
1 space for every 675 square feet of floor area
| |
|
Office, bank, financial institution and all
other uses permitted
|
1 space for every 650 square feet of floor area
|
I.
"Noncompliance parking" is any existing building or
use which does not comply, at the time of the adoption of this section,
with the requirements for parking set forth herein.
J.
Nothing in this section shall be deemed to prevent
normal maintenance and repair, modification or enlargement of a building
or use, provided that such action does not increase the degree of
noncompliance with the parking standards or create any new nonconformity
with respect to regulations pertaining to such buildings. Said use
with noncompliance parking may be enlarged or extended only if parking
spaces are provided for said enlargement, extension or addition to
the standards set forth in this section. No existing parking may be
counted as meeting this requirement unless it exceeds the requirements
for the original building, structure or use and then only that excess
portion may be counted.
K.
No additions or deletions of parking spaces existing
on any lots as of the effective date of this section may be made without
obtaining a conditional use permit from the Board of Trustees.
No apartment house or building containing multiple-dwelling
units shall be hereafter erected, nor shall any such apartment house
or building existing at the date of the adoption of this chapter be
enlarged, so that the floor area is increased by 25% or more unless
at least one parking space for each dwelling unit is provided within
the boundaries of the property.
