[1]
Editor's Note: This article was retitled as
such by L.L. No. 1-1995, adopted 7-18-1995.
[Amended 5-27-1942; 8-17-1982 by L.L. No. 5-1982; 10-19-1982 by L.L. No. 6-1982; 9-8-2004 by L.L. No. 3-2004]
In the B Zoning District the following uses
are permitted as of right (permitted uses) or pursuant to special
permit. Any use which is not enumerated as a permitted use or as a
specially permitted use shall be prohibited.
A.
Permitted uses. The following are permitted uses in
the B district:
(1)
Retail stores for the sale of personal property.
(2)
Plumbing shops.
(3)
Barbershops, hairdressing and beauty parlors and nail
salons.
(4)
Retail printing and copying shops.
(5)
Shoe-repairing shops.
(6)
Dry-cleaning establishments, tailors and dressmakers.
(7)
Laundromats.
(8)
Florists, garden centers and nurseries.
(9)
General office buildings with a total floor area no
greater than 2,500 square feet.
(10)
Retail real estate, insurance and travel centers.
B.
Special uses. A building may be erected, altered or
used for any purpose set forth in this subsection only when authorized
by the Board of Trustees as a special use after a public hearing:
(1)
Restaurants and seasonal outdoor seating.
[Amended 6-15-2010 by L.L. No. 1-2010]
(a)
Restaurants.
(b)
Seasonal outdoor seating/dining may be permitted upon written application
to, and approval by, the Board of Trustees for a period not to exceed
six months in duration. A public hearing may be required at the request
of the Board of Trustees. Such seasonal outdoor seating/dining permits
must be renewed on a yearly basis.
(2)
Taverns, bars and grills, and places of public assembly.
(3)
Any business which has a drive-through component according
to which business may be transacted by a patron who remains in a vehicle.
(4)
Delicatessens, carry-out food establishments, or any
premises upon which food is prepared or stored.
(5)
Churches or other houses of worship, hotels, motels,
banks, financial service centers, funeral parlors, theatres, public
schools, private schools and libraries.
(6)
Sales, service, warehousing, repairing, storing, preparation
and/or inspection of vehicles and motor vehicles.
(7)
Catering halls.
(8)
Medical offices, clinics and veterinary facilities.
(9)
Post offices.
(10)
General office buildings with a total floor area greater
than 2,500 square feet.
(11)
Health clubs and gymnasiums.
C.
Accessory uses.
(1)
Accessory uses and structures ordinarily and customarily
incidental to the principal use at the premises shall be permitted.
(2)
Accessory uses shall also include the incidental repair
and servicing of any product the sale of which is a permitted use,
provided that such repair and servicing uses shall be performed within
the confines of the interior business premises utilized for the principal
use. It shall be unlawful to conduct and carry on any business, whether
it be the principal business for which the premises is zoned or incidental
thereto, upon the exterior business premises, unless otherwise specifically
permitted under this chapter.
[Added 5-6-2008 by L.L. No. 2-2008]
A.
Expiration, lapse, extension and reinstatement of
special permits. Any special permit granted pursuant to this chapter
shall automatically expire and be of no further force and effect six
months after the granting thereof unless, within such six-month period,
substantial construction shall have been commenced. Such construction
must be completed within one year of the date of commencement of substantial
construction. The Board of Trustees shall be authorized, upon application
and without hearing, to grant extensions of the special permit for
periods not to exceed six months in duration or to reinstate a lapsed
special permit for good cause shown. Any special permit issued prior
to the effective date of this section shall be deemed to have been
issued on such effective date.
B.
Extinguishment of a special permit. Whenever a use
established pursuant to a special permit shall have been abandoned
for a term of six months, or whenever the location of such a use is
substantially destroyed, the land, building or structure in which
said use shall have existed shall not thereafter be used for the previously
established use. Such six-month period of abandonment may be discontinued
only by 30 or more consecutive business days of operation. A use shall
be "substantially destroyed" if the cost to repair and replace the
structure in which it is located exceeds 50% of the current structural
replacement value thereof.
C.
Revocation of a special permit. Any special permit
granted pursuant to this chapter shall be revocable on the order of
the Board of Trustees at any time upon the failure of the owner or
operator of the use or structure covered by the special permit to
observe all requirements of this chapter with respect to the maintenance
and conduct of the use or structure or upon failure to observe all
conditions in connection with such special permit which was designated
by the Board of Trustees issuing the same. Prior to revoking any such
special permit, the Board of Trustees shall give the holder of the
special permit at least 10 days' written notice of violation. If within
such 10 days the special permit holder so requests, the Board of Trustees
shall hold a hearing on the revocation of such special permit and
shall give the applicant for the hearing at least 10 days' written
notice thereof either by certified mail, return receipt requested,
or by personal service. The foregoing provisions shall not be deemed
to preclude the use of any other remedy by the Board of Trustees or
by any enforcement agent of the Village to compel compliance with
any conditions of the special permit. The violation of any condition
imposed by the Board of Trustees as part of a special permit shall
constitute a violation of this chapter.
D.
Before any application can be heard by the Board of Trustees, a complete
and accurate list of the names and addresses of owners of all the
lands within a radius of 300 feet of the property affected by such
application, as appears on the last completed assessment roll of the
County of Nassau or the Village of New Hyde Park, shall be submitted
simultaneously with the application. The applicant shall send by registered
or certified mail to each owner, not less than 10 nor more than 20
days before the date set for a hearing upon his application, a notice
addressed to each owner generally signed by the applicant identifying
the property affected thereby and setting forth the special permit
requested and the date, hour and place fixed by the Board of Trustees
for the hearing thereon. Before such case may be heard by the Board,
an applicant must file with the Clerk of the Board, not later than
five days prior to the hearing, an affidavit of the mailing of such
notices as herein provided or, in lieu thereof, consents from said
owners. Said affidavit or consents are to be made on forms to be provided
by the Board of Trustees.
[Added 7-15-2021 by L.L. No. 6-2021]
[Amended 1-23-1979 by L.L. No. 1-1979]
A.
In the business zones of the Village, no building or structure, except as otherwise herein provided by this section, shall be constructed, erected or placed or reconstructed, altered or extended, unless the walls of such building or structure are constructed of brick, stone, granite, reinforced concrete, cement block, cinder block or other approved masonry, and are further constructed in compliance with the provisions of Article I, Section 7, of the Building Code of the Village.[1]
B.
In the case of nonconforming buildings or structures located in the business zones, the walls of which are presently constructed of wood frame or other materials not provided for in Subsection A hereof, in the discretion of the Building Inspector such buildings or structures may be altered or extended, and the walls of such altered or extended portions constructed of wood frame or other nonconforming materials, provided that such walls and materials are fireproofed to the satisfaction of said Building Inspector, and provided further that the total floor area encompassed by such altered or extended portions of such buildings or structures does not exceed 20% of the total overall floor area of the existing building or structure.
C.
Any and all walls of a building or structure in the business zone, which front on or adjoin a public or private street, shall be constructed with an approved, fireproof facing material of brick, brick veneer, porcelain tile, stone veneer, stucco veneer or metal or composition panels, sheathing or veneer, of a type and design approved by the Building Inspector; all said facing materials shall be firmly attached to and rigidly secured by the base wall construction provided for in Subsections A and B hereof.
D.
No building or structure in a business zone shall
be less than one story in height above the curb level of any street
adjoining such building or structure.
[Amended 12-1-2009 by L.L. No. 17-2009]
[Amended 5-27-1942]
No building or enclosure commonly known as a
"lunch wagon" shall be erected or placed in the business zones.
[1]
Editor's Note: Former § 195-10,
Residence zone uses; exceptions, added 1-23-1979 by L.L. No. 1-1979,
was repealed 12-6-2005 by L.L. No. 9-2005.
