[Amended 12-18-1979 by L.L. No. 13-1979; 2-5-1980 by L.L. No. 1-1980; 7-29-1980 by L.L. No. 3-1980; 4-13-1982 by L.L. No. 2-1982; 8-31-1982 by L.L. No. 3-1982; 11-17-1986 by L.L. No. 5-1986; 7-7-1987 by L.L. No. 12-1987;1-2-1996 by L.L. No. 1-1996; 7-21-1998 by L.L. No. 2-1998; 12-16-2003 by L.L. No. 17-2003; 8-15-2006 by L.L. No. 9-2006; 1-16-2007 by L.L. No. 3-2007; 11-20-2012 by L.L. No. 17-2012; 10-7-2014 by L.L. No. 6-2014]
The provisions of this article shall apply to the Business A District as hereinafter set forth.
Permitted uses. A building may be erected, altered, or used and a lot or premises may be used for any of the purposes set forth in this section and for no other:
The following uses shall be permitted on the ground and upper levels:
As used in this section, the words "upper level" shall mean one full story, not less than eight feet, above the adjacent grade.
None of the aforementioned uses shall be permitted with a drive-in window.
Off-street parking and loading, including parking structures.
Open space or plaza areas available to the general public.
Seating and/or counter facilities located wholly within a building or a fully enclosed portion thereof, to accommodate not more than eight persons at any one time, for on-premises consumption of food and beverage, using only disposable paper or plastic plates, containers, cups, dishes, and utensils, as an incidental and accessory use to a delicatessen, bakery, or ice cream or confectionery store.
Uses permitted subject to a special permit issued by the Village Board of Trustees:
Special permit uses in the Business A District are as follows:
Open-front store and other open-front places of business.
Outdoor display, sale, and storage of food or other merchandise.
The Board of Trustees, in considering such applications, may issue permits for such uses for a limited period of time or otherwise, subject to such conditions and safeguards as shall be deemed appropriate, when, in its opinion, it shall find that such proposed use and improvement will conform to the general character of the neighborhood in which the property to be used is located; will not significantly burden congestion in the streets or sidewalks; will not interfere with the safety of pedestrians on the sidewalks; will not overcrowd the sidewalks; will not cause undue concentration of population; will not create littering or noise problems; and will not otherwise adversely impact the public health, morals, safety, and general welfare of the Village.
Other uses: all other uses which, in the opinion of the Board of Trustees, are of the same general character as those specifically permitted.
The Board of Trustees, in considering such application, may, but shall not be required to, hold a public hearing.
In granting any permits pursuant to this section, the Board of Trustees may issue permits for such uses for a limited period of time and/or subject to such conditions and safeguards as it shall deem appropriate, when, in its opinion, it shall find that such proposed use is of the same general character as those uses permitted in Subsection A(1) of this section for the level for which it is proposed and will add to the synergy of the other retail, office, and personal services permitted in the Business A District.
No modification, variance, or change in the general location, layout, and character of the project, which shall include the architectural designs and arrangements of all buildings as shown on the plan, as approved, will be permitted without the prior approval of the Board of Trustees.
The Board of Trustees shall have the power to vary the parking requirements for the uses set forth in this section within this district.
No building or structure shall exceed two stories, with a maximum height of 25 feet, unless an additional story and/or height not exceeding 36 feet, or a roof deck limited to the same restrictions as set forth in Subsection E of § 575-288, has been authorized as an incentive or bonus in exchange for the provision of community amenities as specified in § 575-136.1, Development incentives, and § 575-280, Incentive zoning procedure. The following exceptions are permitted:
Parapets, not exceeding three feet in vertical distance from base to the highest point or the minimum height required by the New York State Building Code for such parapets, whichever is greater.
Stairwell or elevator bulkheads, water tanks, chimneys, heating and air-conditioning apparatus, or other mechanical equipment projections occupying less than 10% of the area of the roof and not exceeding 12 feet in vertical distance from base to the highest point.
Safety railings or walls required by the New York State Building Code to enclose outdoor living space or decks, not exceeding the minimum height required by the New York State Building Code for such railings or walls.
No multifamily dwelling shall provide habitable floor area of less than 600 square feet per unit.
The building area shall not exceed 80% of the lot area.
No front yard shall be required.
No side yard shall be required; but, if any is provided, then its least dimension shall be not less than four feet.
There shall be a rear yard, the depth of which shall not be less than 10 feet.
In recognition of the opportunities to advance a specific physical, cultural, and/or social policy of the Village, in accordance with the Village's Comprehensive Plan, as set forth in this chapter, in coordination with such other community planning mechanisms and/or land use techniques as may be available and appropriate, if any, where an applicant proposes such an opportunity that the Board of Trustees may, from time to time, by resolution, find appropriate and that meets the criteria herein, the Board of Trustees may approve adjustments to any zoning restrictions set forth in this chapter, other than as to use, with such limitations as may be set forth more particularly with regard to the incentive sections for the zoning district within which the premises is located.
In determining whether or not to grant the adjustment, the Board of Trustees shall consider the following:
Payment in lieu of community amenities.
At the request of the applicant or on its own determination that the identified amenities to the Village are not immediately feasible or otherwise not practical for the applicant to provide, the Board of Trustees may require, in lieu of the identified amenities, a payment to the Village of a sum determined by the Board of Trustees. Alternatively, the Board may choose to accept a partial amenity and partial payment in lieu of such proposed amenity. If cash is accepted in lieu of a community amenity, provision shall be made for such sum to be deposited in a trust fund to be used by the Board of Trustees exclusively for specific community amenities that could be applied throughout the Village as authorized by the Board of Trustees.
Any payment in lieu of community amenities must be received prior to the issuance of a building permit for the construction of the proposed development.