[Amended 10-30-1979 by L.L. No. 9-1979]
In a Business District, the regulations in this
article shall apply.
[Amended 11-16-1993 by L.L. No. 8-1993; 9-5-1995 by L.L. No. 6-1995; 6-21-2005 by L.L. No. 5-2005]
A. Permitted uses.
(1) Any store or shop for the sale at retail of convenience
or shoppers' goods, such as:
(s)
Motor vehicle and boat showrooms, excluding
repair facilities.
(2) Stores, shops and offices that render personal and/or
professional services, such as:
(b)
Beauty parlor, other than tattoo shop or fortune
teller.
(c)
Dry cleaner or laundry (depot only).
(f)
Cultural arts center, theater or movie house, excluding adult uses as set forth in Code §
193-122.
(g)
Bank or financial institution, excluding a facility
which is a licensed casher of checks as defined in Article IXA of
the New York State Banking Law.
(h)
Professional and/or general offices.
(j)
Book or video, excluding adult uses as set forth in Code §
193-122.
(3) Accessory uses customarily incident to any permitted
use, specifically excluding outdoor storage.
(4) The following uses may be permitted by special permit
from the Board of Appeals after public hearing, upon written information
similar to that furnished to an alcoholic beverage control board:
(a)
Restaurant, luncheonette, cabaret, hotel, bar,
cocktail lounge, cafe and other places for the serving of food, beverages
of any kind, or both food and beverages, whether such food and/or
beverages are served inside of a structure or outside of a structure
or both inside of a structure and outside of a structure. The applicant,
its successors or assigns shall provide on-site serving personnel
(waiters or waitresses) to assist customers in the taking of orders,
the delivery of food/drinks to tables and the presentation of checks.
(5) Other uses similar to the foregoing uses of a retail,
commercial or service nature may be permitted if, upon application
to the Board of Appeals and by resolution, they are determined by
it to be of the same general character and not incompatible with the
surrounding uses.
B. Uses permitted only by special permission of the Board
of Appeals:
(1) Commercial parking fields, subject to the following
provisions:
(a)
No repairing or servicing of vehicles shall
be performed.
(b)
No selling of gasoline or other fuel shall be
permitted.
(c)
Adequate paving of premises with provisions
for orderly parking must be provided.
(d)
Provisions for ingress and egress shall be adequate.
(e)
Site plans shall be submitted and approved by
the Planning Board.
[Amended 6-16-1992 by L.L. No. 2-1992; 10-17-2017 by L.L. No. 4-2017]
A. No building
may be erected, altered or used and no lot or premises may be used
for any trade, industry or business that is noxious or offensive by
reason of odor, dust, smoke, gas, vibration or noise. No internal-combustion
engine shall be used unless objectionable noise and vibrations are
eliminated and it is equipped and supplied with an effective muffler
or silencer. It shall be unlawful and deemed a violation of this chapter
to operate any facility or building that displays or utilizes strobe
lights, flashing or blinking lights, laser lights, or flashing or
blinking lights or signs on its windows or storefront. Any legal use
that does not conform on the date hereof shall continue to be permitted
for a period of 12 months provided no safety hazard is presented,
after which time such use shall be discontinued.
[Amended 9-7-2021 by L.L. No. 7-2021]
B. The following
uses are strictly prohibited:
(1) Operating
any facility or location whose business operation, whether as its
primary use or as an ancillary use, includes the smoking of tobacco
or other substances through one or more hookah pipes (also commonly
referred to as a hookah, water pipe, shisha or narghile), including
but not limited to establishments known variously as hookah bars,
hookah lounges or hookah cafes.
(2) Operating
any facility or location whose business operation, whether as its
primary use or as an ancillary use, includes the smoking or selling
of vapors, e-liquids, or other substances that are smoked through
an electronic cigarette, including but not limited to establishments
known variously as vape shops.
(3) Operating
any facility whose business operation whether as an ancillary use,
includes the smoking or selling of synthetic marijuana, cannabis substitutes
or related products.
A commercial billboard, signboard or advertising
sign attached to a building as an accessory use on the same lot with
and customarily incidental to any of the above-permitted uses shall
not exceed 10 feet in height, but in no case shall any commercial
billboard, sign or advertising sign exceed six feet in height by 10
feet in length, the same being set back not less than the required
front yard distance.
[Added 8-7-1985 by L.L. No. 5-1985; amended 8-20-1987 by L.L. No. 12-1987]
There shall be one side yard of no less than
a fourteen-foot setback.
[Amended 8-20-1987 by L.L. No. 12-1987]
There shall be a front yard, the depth of which
shall be at least 10 feet on all business-zoned property.
[Added 1-6-1976 by L.L. No. 3-1976]
A. Accessory buildings may occupy 15% of the required
area of the rear yard up to a height of 14 feet. Accessory buildings
shall be limited to two per lot and shall not exceed an aggregate
of 600 square feet.
[Amended 8-20-1987 by L.L. No. 12-1987]
B. The yard area allowed for such accessory buildings
shall be included in computing the percentage of lot area to be built
upon.
C. Under no circumstances shall any accessory building
or part thereof in a business zone be used as a dwelling or place
of human habitation.
[Added 1-6-1976 by L.L. No. 3-1976; 8-20-1987 by L.L. No. 12-1987]
The total building area shall not exceed 50%
of the total lot area.
[Added 10-30-1979 by L.L. No. 9-1979]
A. In a Business District, a fence, as defined in this
code and not exceeding six feet in height, may be erected, provided
that, if such fence shall be erected along any road or highway, the
permitted height thereof shall be measured from the existing elevation
of the center line of such highway opposite such fence and provided,
further, that such height so measured shall not exceed two and one-half
(2 1/2) feet at any point within a radius of 15 feet of the corner
formed by any intersecting roads or highways unless otherwise permitted
by the Board of Appeals. The provisions hereof shall also apply to
hedges and other densely growing shrubbery.
B. The use of barbed or razor wire atop fences in this zone shall be permitted only when authorized as a special permit by the Board of Appeals and provided, further, that the additional height of barbed or razor wire shall not exceed by more than two feet the height permitted for fences in Subsection
A above or as elsewhere prescribed in this code, and the barbed or razor wire shall not lean outward, away from the property so enclosed.
[Amended 6-16-1992 by L.L. No. 2-1992]
C. Any fence shall have the smooth or finished side facing
the outside of the property, and all posts, braces or pipes must be
placed on the inside of the fence.
[Added 6-16-1992 by L.L. No. 2-1992]
[Added 6-22-1981 by L.L. No. 5-1981]
A. There shall be, in the case of any building, accessory
building or extension to any existing building in this zone, a fifteen-foot
setback along the property line at any place it abuts any residential
zones.
B. As part of the aforementioned setback, there shall
be constructed along the residentially zoned property a fence and
at least a five-foot-wide shrub buffer.
C. Prior to the issuance of a building permit, application
must be made to the Planning Board, together with a proposed plot
plan showing the buffer. The fence and shrub buffer shall be constructed
pursuant to specifications set forth by the Planning Board designed
to protect the privacy, safety and aesthetics of the area.
[Amended 6-20-1989 by L.L. No. 5-1989]