[Added 1-10-1989 by L.L. No. 1-1989[1]]
[1]
Editor's Note: Editor's Note: This local law
also repealed former Art. X, Tourist Camps, Camp Cottages and Trailers.
The purpose of the General Business (B) District
is to provide for retail and wholesale commercial development and
limited office and industrial development outside of the hamlet central
business areas, generally along major highways. It is designed to
accommodate uses that benefit from large numbers of motorists, that
need fairly large parcels of land and that may involve characteristics
such as heavy trucking and noise.
[Amended 5-9-1989 by L.L. No. 6-1989; 8-1-1989 by L.L. No. 15-1989; 8-13-1991 by L.L. No. 19-1991; 7-13-1993 by L.L. No. 11-1993; 5-16-1994 by L.L. No. 9-1994; 11-29-1994 by L.L. No. 26-1994; 12-27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 10-17-1995 by L.L. No.
21-1995; 11-19-2002 by L.L. No. 7-2002; 5-6-2003 by L.L. No. 9-2003]
In the B District, no building or premises shall
be used and no building or part thereof shall be erected or altered
which is arranged, intended or designed to be used, in whole or in
part, for any uses except the following:
A.
Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the Planning Board:
(1)
Any permitted use set forth in and regulated by § 280-13A(2) and (3) of the Agricultural-Conservation District.
(2)
Any permitted use set forth in and regulated by § 280-45A(3) to (22) of the Hamlet Business District, except Subsection A(7) as applicable in the Business District is herein modified as follows:
[Amended 6-20-2006 by L.L. No. 8-2006; 4-22-2008 by L.L. No.
3-2008]
(a)
Retail stores, up to a maximum of 8,000 total
square feet of gross floor area in any building (excluding unfinished
basement and attic areas), notwithstanding the provisions of the Bulk
Schedule for Business, Office and Industrial Districts.[1] Such retail stores greater than 4,000 total square feet
shall comply with the retail building standards for B Districts listed
below, in addition to the site plan requirements of this chapter.
[1]
Building massing and facade treatment.
[a]
Variation in massing.
[i]
A standardized building mass shall
be prohibited. For purposes of this subsection, the term "standardized"
shall include an array of architectural elements, layout, design,
logos or similar exterior features that have been applied to four
or more retail buildings nationwide.
[ii]
Exterior building walls facing
side yards shall include materials and design characteristics consistent
with those on the front of the building.
[iii]
Building walls that face public
streets, connecting pedestrian walkways, or adjacent development shall
meet the following standards:
[A]
Facades shall be subdivided and
proportioned using features such as windows, entrances, arcades, arbors,
awnings, trellises with vines, or alternate architectural detail that
defines human scale, along no less than 60% of the facade.
[c]
Customer entrances. Retail buildings
shall have clearly defined, highly visible customer entrance(s) featuring
no less than three of the following:
[i]
Canopies or porticos;
[ii]
Overhangs;
[iii]
Recesses/Projections;
[iv]
Arcades;
[v]
Raised corniced parapets over the
door;
[vi]
Peaked roof forms;
[vii]
Arches;
[viii]
Outdoor patios;
[ix]
Display windows;
[x]
Architectural detail such as tile
work and moldings integrated into the building structure and design;
or
[xi]
Integral planters or wing walls
that incorporate landscaped areas and/or places for sitting.
[d]
Buildings containing a drive-through
or drive-up window are prohibited.
[2]
Building materials.
[a]
All primary buildings should be
constructed or clad with materials that are durable, economically
maintained, and of a quality that will retain their appearance over
time, including, but not limited to, natural or synthetic stone; brick;
stucco; integrally colored, textured, or glazed concrete masonry units
or glass.
[3]
Signage.
[a]
Advertisements, including trademark
logos and service marks, may not be affixed, painted or glued onto
the windows of the business or onto any exterior structures, including
waste disposal receptacles and flags.
[b]
Florescent and backlit signs located
within or on a building or structure and facing an exterior public
space are prohibited.
[4]
Site design.
[a]
The principal building entrance
shall face the primary street frontage and/or sidewalk where practical.
[5]
Off-street parking.
[a]
No greater than 30% of the off-street parking spaces provided for all uses contained in the development's building(s) shall be located between the front facade of the building(s) and the primary abutting street. Adequate parking shall be provided in accordance with that required by Article XVIII of this chapter of the Town of Southold Town Code.
[1]
Editor's Note: The Bulk Schedule for Business Office and Industrial Districts is included at the end of this chapter.
(3)
Wholesale businesses, private warehousing and public
warehousing, and building material storage and sale, but excluding
storage of coal, coke, fuel oil or junk.
(4)
Building, electrical and plumbing contractors' businesses
or yards.
(5)
Cold storage plants, baking and other food processing
and packaging plants that are not offensive, obnoxious or detrimental
to neighboring uses by reason of dust, smoke, vibration, noise, odor
or effluent.
(6)
Wholesale or retail sale and accessory storage and
display of garden materials, supplies and plants, including nursery
operations, provided that the outdoor storage or display of plants
and materials does not obstruct pedestrian flow or vehicular traffic
and does not occur within three feet of the property line.
(7)
Wholesale/retail beverage distribution.
(8)
Funeral homes.
(9)
Train or bus stations.
(10)
Telephone exchanges.
(12)
One-family detached dwelling, not to exceed
one dwelling on each lot.
(13)
Two-family dwelling, not to exceed one dwelling
on each lot. The dwelling must be occupied by the owner of the property.
B.
Uses permitted by special exception by the Zoning Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B(17), which may be permitted as a special exception by the Planning Board, and all such special exception uses except Subsection B(18) shall be subject to site plan approval by the Planning Board.
[Amended 6-20-2006 by L.L. No. 8-2006; 12-5-2017 by L.L. No. 20-2017; 6-7-2022 by L.L. No. 5-2022]
(1)
Any special exception use as set forth in and regulated by § 280-13B(2) to (12), except wineries are not required to be in connection with a vineyard.
(2)
Hotel or motel uses as set forth in and regulated by § 280-35B(4) of the Resort Residential (RR) District, except that the minimum lot size shall be three acres.
(3)
Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 280-13B(14) of the Agricultural-Conservation District, except that no site plan approval is required.
(5)
Research, design or development laboratories, provided
that any manufacturing shall be limited to prototypes and products
for testing.
(6)
Fully enclosed commercial recreation facilities, including
but not limited to tennis clubs, skating rinks, paddle tennis, handball
and squash facilities, dance halls, billiard parlors, bowling alleys,
health spas and clubs and uses normally accessory and incidental to
commercial recreation, such as locker rooms, eating and drinking facilities
and retail sale of goods associated with the particular activity.
(7)
Laundry or dry-cleaning plants, subject to the following
conditions:
(8)
Fraternal or social institutional offices or meeting
halls (nonprofit).
(9)
Take-out restaurants, provided that eating on the
premises of the take-out restaurant shall be permitted only inside
the structure or in areas specifically designated and properly maintained
outside of the structure and where the minimum lot size for a freestanding
structure is 40,000 square feet.
(10)
Drinking establishments.
(11)
Automobile laundries.
(12)
Public garages, gasoline service stations, new
and used motor vehicle lots, vehicle sales and rental, including the
sale of recreation vehicles and trailers and boat sales, with accessory
repair facilities, all subject to the following requirements:
(a)
Entrance and exit driveways shall have an unrestricted
width of not less than 12 feet and not more than 30 feet and shall
be located not less than 10 feet from any property line and shall
be so laid out as to avoid the necessity of any vehicle backing out
across any public right-of-way.
(b)
Sale of used vehicles or boats shall be conducted
only as accessory to the sale of new vehicles or boats.
(c)
Vehicle lifts or pits, dismantled automobiles,
boats and vehicles and all parts or supplies shall be located within
a building.
(d)
All service or repair of motor vehicles, other
than such minor servicing as change of tires or sale of gasoline or
oil, shall be conducted in a building.
(e)
The storage of gasoline or flammable oils in
bulk shall be located fully underground and not less than 35 feet
from any property line other than the street line.
(f)
No gasoline or fuel pumps or tanks shall be
located less than 15 feet from any street or property line.
(g)
No gasoline service or repair shops or similar
businesses are to be located within 300 feet of a church, public school,
library, hospital, orphanage or rest home.
(13)
Partial self-service gasoline service stations, subject to all of the provisions of § 280-48B(12) herein and the following additional requirements:
(a)
Each partial self-service gasoline facility
shall have a qualified attendant on duty whenever the station is open
for business. It shall be the duty of the qualified attendant to control
and operate both the console regulating the flow of gasoline to the
dispensing equipment thereafter to be operated by the customer at
the self-service pump island and the dispensing equipment on the other
pump islands.
(b)
Gasoline shall at no time be dispensed without
the direct supervision of the qualified attendant. A control shall
be provided which will shut off the flow of gasoline to the dispensing
equipment at the self-service pump island whenever the qualified attendant
is absent from the control console for any reason whatever, including
when he is operating the dispensing equipment on the other pump islands.
(c)
The console regulating the flow of gasoline
to the remote dispensing equipment thereafter operated by the customer
at the self-service pump island shall be situated in such a manner
as to give the qualified attendant controlling said console an unobstructed
view of the operation of said remote dispensing equipment.
(d)
The self-service pump island shall have controls
on all pumps that will permit said pumps to operate only when a dispensing
nozzle is removed from its bracket on the pump and the switch for
this pump is manually operated.
(e)
The self-service pump island shall be protected
by an automatic fire-protection system in the form of an approved
system of dry powder release which will act as an automatic fire extinguisher.
(f)
No customer shall be permitted to dispense gasoline
unless he shall possess a valid motor vehicle operator's license.
(g)
There shall be no latch-open device on any self-service
dispensing nozzle.
(14)
Private transportation service, including garage
and maintenance facilities.
(15)
Formula food restaurants located within a shopping
center in this zone, subject to the following requirements:
(a)
There must be sufficient parking as provided for by the Article XVIII, Parking and Loading Areas, of this chapter, and such parking area shall be available within the shopping center site to accommodate the use.
(b)
The operation of the establishment shall not
create traffic problems.
(c)
There shall be no counter serving outdoor traffic
via a drive-in, drive-through, drive-up, drive-by or a walk-up window
or door.
(d)
Exterior signage shall conform in all respects to Article XIX, Signs, of this chapter and, further, may not be lit from within.
(e)
Advertisements, including trademark logos, may
not be affixed, painted or glued onto the windows of the business
or onto any exterior structure, including waste disposal receptacles
and flags.
(f)
The signage must conform to the existing color
theme and signage style of the shopping center.
(g)
The existing exterior architectural style of
the shopping center building may not be altered or modified in any
way to accommodate the proposed use.
(h)
The use must be located within the shopping
center's main primary building complex and may not be located within
a single freestanding structure within the shopping center site.
(16)
Flea markets.
(17)
Retail stores in excess of 8,000 total square
feet of gross floor area in any building, up to a maximum of 15,000
total square feet of such gross floor area in any building (excluding
unfinished basement and attic areas), subject to the following requirements:
(a)
Compliance with the retail building standards
for B Districts listed below, in addition to the site plan requirements
of this chapter.
[1]
Building massing and facade treatment.
[a]
Variation in massing.
[i]
A standardized building mass shall
be prohibited. For purposes of this subsection, the term "standardized"
shall include an array of architectural elements, layout, design,
logos or similar exterior features that have been applied to four
or more retail buildings nationwide.
[ii]
Exterior building walls facing
side yards shall include materials and design characteristics consistent
with those on the front of the building.
[iii]
Building walls that face public
streets, connecting pedestrian walkways, or adjacent development shall
meet the following standards:
[A]
Facades shall be subdivided and
proportioned using features such as windows, entrances, arcades, arbors,
awnings, trellises with vines, or alternate architectural detail that
defines human scale, along no less than 60% of the facade.
[B]
Buildings shall achieve architectural
variation through the inclusion of architectural features such as
columns, ribs or pilasters, piers, changes in wall planes and changes
in texture or materials consistent with the architecture of adjacent
buildings and community character.
[c]
Customer entrances. Retail buildings
shall have clearly defined, highly visible customer entrance(s) featuring
no less than three of the following:
[i]
Canopies or porticos;
[ii]
Overhangs;
[iii]
Recesses/Projections;
[iv]
Arcades;
[v]
Raised corniced parapets over the
door;
[vi]
Peaked roof forms;
[vii]
Arches;
[viii]
Outdoor patios;
[ix]
Display windows;
[x]
Architectural detail such as tile
work and moldings integrated into the building structure and design;
or
[xi]
Integral planters or wing walls
that incorporate landscaped areas and/or places for sitting.
[d]
Buildings containing a drive-through
or drive-up window are prohibited.
[2]
Building materials.
[a]
All primary buildings should be
constructed or clad with materials that are durable, economically
maintained, and of a quality that will retain their appearance over
time, including, but not limited to, natural or synthetic stone; brick;
stucco; integrally colored, textured, or glazed concrete masonry units
or glass.
[3]
Signage.
[a]
Advertisements, including trademark
logos and service marks, may not be affixed, painted or glued onto
the windows of the business or onto any exterior structures, including
waste disposal receptacles and flags.
[b]
Florescent and backlit signs located
within or on a building or structure and facing an exterior public
space are prohibited.
[4]
Site design.
[a]
The principal building entrance
shall face the primary street frontage and/or sidewalk where practical.
[5]
Off-street parking.
[a]
No greater than 30% of the off-street parking spaces provided for all uses contained in the development's building(s) shall be located between the front facade of the building(s) and the primary abutting street. Adequate parking shall be provided in accordance with that required by Article XVIII of this chapter of the Town of Southold Town Code.
(b)
The Planning Board shall determine that the
proposed retail store(s) will not have an undue adverse impact on
the community. In making such a determination, the Planning Board
shall conduct or hire a consultant to conduct a Market and Municipal
Impact Study, at the expense of the applicant. The study shall be
completed within 90 days of receipt of all requested materials, and
the applicant shall be afforded the opportunity to submit its own
such study. The Planning Board shall make such determination within
30 days of its receipt of the study. Such study shall include an analysis
of the projected impact of the retail store(s) on:
[1]
The existing local retail market, including
market shares, if applicable.
[2]
The supply and demand for local retail space.
[3]
Local wages, benefit and employment.
[4]
Revenues retained within the local economies
of the Town of Southold.
[5]
Public service and facilities costs.
[6]
Public revenues.
[7]
Impacts on municipal taxes.
[8]
Impacts of property values in the community.
[9]
Effects on retail operations in the surrounding
market area.
[10]
Employee housing needs, if applicable.
[11]
The Town of Southold's ability
to implement its Comprehensive Plan consistent with the proposed project.
(18)
Conversion of an existing building to apartments as set forth in and regulated by § 280-38B(6) of the Residential Office District.
C.
Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XIX, are subject to site plan review:
(1)
Accessory uses set forth in and as regulated by § 280-13C(1) through (8) and (10) of the Agricultural-Conservation District, subject to the conditions set forth in § 280-15 thereof.
(2)
Open storage of materials or equipment, provided that
such storage shall be at least 25 feet from any lot line, not be more
than six feet high and be suitably screened by a solid fence or other
suitable means of at least six feet in height.
(3)
Apartments are permitted within the principal building
only, subject to the following requirements:
(a)
The Building Department issuing an accessory
apartment permit.
(b)
The habitable floor area of each apartment shall
be at least 350 square feet.
(c)
There shall be no more than three apartments
created or maintained in any single structure.
(d)
Each apartment shall have at least one off-street
parking space.
(e)
Construction and/or remodeling of an existing structure to create an accessory apartment shall not trigger the need for site plan approval set forth specifically in § 280-127 and Article XXIV in general unless such construction or remodeling results in an increase of the foundation size of the structure.
(f)
The apartment(s) shall not comprise more than
40% of the principal building.
(4)
Convenience
store located with a gas station use shall be considered an accessory
use subject to site plan review, only if the following requirements
are met:
[Added 11-4-2009 by L.L. No. 14-2009]
(a)
Maximum gross floor area of the retail store equals 800 square feet
or less, including storage and counter area.
(b)
Parking requirement equal to one space per 100 square feet of floor
area devoted to retail sales area, including the sales counter and
retail products storage. The gas station must still meet its parking
requirement separately; however, each fuel dispenser can count as
one parking space toward the convenience store requirement.
(c)
The physical design, including color and use of materials, of the establishment shall be sensitive to the visual and physical characteristics of other buildings, public spaces and uses in the particular location, and shall comply with the retail building standards in § 280-45A(7) (a) through (e) to the extent practicable.
(e)
Formula food franchises are not permitted within accessory convenience
stores.
(5)
Convenience
stores associated with gas stations that do not meet these requirements
are considered a second principal use and must meet the minimum bulk
schedule requirements (e.g., a gas station with a convenience store
that is 1,200 square feet in size must have a minimum of 60,000 square
feet of lot area).
[Added 11-4-2009 by L.L. No. 14-2009]
(6)
Preexisting,
nonconforming convenience stores with the proper approvals in place
prior to the enactment of this law may continue to operate as a nonconforming
use with no increase in size unless they can meet the requirements
for a second principal use.
[Added 11-4-2009 by L.L. No. 14-2009]
No building or premises shall be used and no
building or part thereof shall be erected or altered in the B District
unless the same conforms to the Bulk Schedule and Parking and Loading
Schedules incorporated into this chapter by reference, with the same
force and effect as if such regulations were set forth herein in full.[1]
[1]
Editor's Note: The Bulk Schedule is included at the end of this chapter, and the Parking and Loading Schedules are in §§ 280-78 and 280-79.
[Added 8-22-1995 by L.L. No. 18-1995]
A.
Structures shall be set back at least 100 feet from
the right-of-way.
B.
There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels.
C.
A project shall be divided into separate structures
so that no single structure shall have more than 60 linear feet of
frontage on one street. The setbacks of multiple structures on a parcel
may vary, provided that the average setback of the structures meets
the setback required above and all buildings are at least 75 feet
from the right-of-way.
