[Amended 3-6-1973; 7-3-1973; 4-15-1975; 8-19-1980; 3-15-1983; 1-7-1986; 2-25-1992; 11-17-1992; 4-8-1997]
In a Business 1 District, no building, structure or premises shall be used or occupied, and no building or part thereof or other structure shall be so erected or altered, except for one or more of the following purposes:
A. 
Museum.
[Amended 4-5-2005; 6-8-2010]
B. 
Craft trade shop.[1]
[Added 12-17-2019]
[1]
Editor's Note: Former Subsection B, which designated two-family detached dwellings as permitted uses, was repealed 6-8-2010. See now § 68-272.1P.
C. 
Public school.
[Added 3-23-1999]
D. 
Store, office, medical offices, delicatessen, bank, broadcasting studio, and community building.
[Amended 7-20-2021; 3-14-2023]
E. 
Private or parochial school, including preschool programs, elementary and secondary schools, vocational schools and other non-degree-granting schools including self-defense, dance, swimming, gymnastics and similar instruction/programs, except those associated with manufacturing or truck driving.
[Added 3-23-1999]
F. 
Personal service establishment, including but not limited to barbershop, beauty parlor, shoe repair shop.
G. 
Retail dry-cleaning establishment using New York Board of Fire Underwriters' Class I liquids.
H. 
The operation of any retail business if the same is confined to the interior of the building, except as otherwise provided herein.
I. 
Nonprofit fraternity or lodge.
J. 
Historical or memorial monument.
K. 
Church or other similar place of worship or parish house, provided that a minimum buffer area of 25 feet in accordance with Town standards is maintained adjacent to any residential use or zone and a site plan is submitted to and approved by the Planning Board, or its designee, indicating compliance with all applicable land development standards.
L. 
Collateral loan broker.[2]
[Added 6-23-2009]
[2]
Editor's Note: Former Subsection L, regarding the outdoor sale and display of holiday plants, was repealed 8-14-2007. See now § 68-271.1A.
M. 
Mini-storage warehouse, provided that the lot on which the use is located has frontage along Sunrise Highway or the Long Island Expressway.
[Added 5-15-2018]
N. 
Child or adult day-care center.
[Amended 5-14-2024]
O. 
Public school, public library or municipal facility.
[Added 3-9-2021[3]]
[3]
Editor's Note: Former Subsection O, which listed elementary and secondary schools, colleges, correspondence and vocational schools and other non-degree-granting schools, was repealed 3-23-1999.
P. 
Funeral parlor/home. (Note: Funeral parlors/homes and child day-care centers were previously permitted in BD and Business I Districts by virtue of being permitted in General Service Districts and will continue to be permitted.)
Q. 
(Reserved)
[Added 3-9-2021[4]]
[4]
Editor's Note: Former Subsection Q, listing dental clinic, was repealed 4-8-1997.
R. 
Health club.
S. 
Veterinarian, provided that all activities take place within the building.
[Added 8-14-2007]
Uses permitted with administrative approval of the Town Clerk shall be as follows:
A. 
By permit issued administratively by the Town Clerk, the outdoor sale and/or display of any variety of tree(s), bush(es) and/or plant(s) used as a symbol of expressing a holiday and/or religiously significant season, including, but not limited to, Christmas trees, wreaths and/or other holiday and/or religiously significant plants or decorations.
(1) 
The following guidelines shall be followed by the Town Clerk:
(a) 
A permit shall be for a maximum of 30 days. Only one permit shall be issued per location and/or applicant per calendar year.
(b) 
The applicant for a permit shall show proof of being a legal business entity in the State of New York. A New York State sales tax number shall be required.
(c) 
The applicant shall provide a lease and/or deed and/or other such proof of permission of the owner of the property on which the sales are to occur. Sales on or within the right-of-way of any roadway shall require proof of permission of the governmental agency having jurisdiction.
(d) 
A cash bond of $500 shall be deposited with the Town Clerk's office. This bond shall be returned when sales have ceased and the site is found to be clean and neat and all materials/goods are removed therefrom. Failure to remove materials/goods within 10 days of the expiration date of the permit will result in the forfeiture of the bond or a portion thereof sufficient to provide for the removal and disposal of any debris, materials or goods found on the subject parcel. The applicant shall, as part of his or her request for the release of the bond, provide dated photographs of the site and a receipt for the disposal of the materials/goods formerly sold on the subject parcel.
(e) 
No permit is to be issued for a vacant or undeveloped property within 1,500 feet of an established and legal business which commonly engages in the sales of horticultural and/or floral products throughout the year.
(f) 
Prior to the issuance of the permit, it is to be determined with the aid of the Planning Department, the Engineering Division and the Traffic Safety Division that the site is of adequate size to accommodate the use, that the site has adequate access and on-site parking and that there would appear to be no public safety issues and/or public nuisance issues created and/or exacerbated by the proposed use. This review shall take place within 10 working days from the submission of the application.
(g) 
For legally established and registered nonprofit groups, there shall be no fee for a permit nor shall a cash bond be required.
(h) 
Existing licensed peddlers shall continue to be regulated under Chapter 39 of the Town Code, entitled "Peddlers."
(i) 
Proof of liability insurance in accordance with that required in Chapter 39 of the Town Code entitled "Peddlers" shall be filed with the Town Clerk at the time of issuance of the permit.
(2) 
The Town Clerk shall be hereby empowered to create the necessary applications and set the appropriate fees for the permit. The Town Clerk shall also have the right to require additional information as may be needed to implement and facilitate the permitting process.
(3) 
Any person found guilty of a violation of any of the above provisions shall, upon conviction, be deemed guilty of an offense, which shall be punishable by a fine of not less than $250 nor more than $500 for each and every day said violation shall occur.
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, listing indoor theater or motion-picture house, was repealed 4-8-1997.
B. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B, which listed hotels, added 12-7-1971, was repealed 9-16-1986.
C. 
(Reserved)[3]
[3]
Editor’s Note: Former Subsection C, University or college dormitory or similar residential use, added 3-23-1999, was repealed 5-15-2018.
D. 
(Reserved)[4]
[4]
Editor’s Note: Former Subsection D, regarding bars, taverns and nightclubs, added 4-8-1997, was repealed 10-25-2011.
E. 
(Reserved)[5]
[5]
Editor's Note: Former Subsection E, Restaurants, added 6-5-1973, as amended, was repealed 9-12-2000.
F. 
(Reserved)[6]
[6]
Editor's Note: Former Subsection F, Manufacture exclusively limited to needle trades, added 1-6-1981, was repealed 9-12-2000.
G. 
Psychiatric clinics or similar health-related facilities, excluding overnight residential treatment facilities.
[Added 1-7-1986; amended 4-8-1997]
H. 
(Reserved)[7]
[7]
Editor's Note: Former Subsection H, Nursing homes or rest homes, added 1-7-1986, was repealed 5-15-2018. Former Subsection K, Assembly and social recreation hall, added 4-8-1997, was repealed 9-12-2000. Former Subsection J, regarding stores or offices on Fire Island, was repealed 4-5-2005.
[Added 11-14-1995; amended 4-8-1997; 4-21-1998; 3-23-1999; 9-12-2000; 9-11-2001; 5-20-2003; 4-5-2005; 6-12-2007; 5-28-2008; 6-8-2010; 10-25-2011; 5-15-2018; 12-17-2019; 5-14-2024; 12-16-2025]
A. 
Minor restaurants, except as otherwise provided herein.
B. 
Outdoor storage of storage pods/containers, registered passenger vehicles, recreational vehicles or marine vessels, including rental moving trucks, as an accessory use to a mini storage warehouse, provided that all vehicles are set back a minimum distance of 50 feet from any street and 200 feet from any residential use or zone and provided that such vehicles are properly screened from view with fencing and/or landscaping pursuant to the direction of the Planning Board. Said storage shall consist of no more than 20% of the overall area of the site and height of vehicles or storage pods/containers shall not exceed 20 feet. Outdoor storage shall not count towards minimum parking requirements. A supplemental buffer shall be planted as per the Subdivision and Land Development Regulations when said outdoor storage is adjacent to a residential use or zone.
C. 
(Reserved)
D. 
(Reserved)
E. 
Outside display, except as otherwise provided herein.
F. 
Private or parochial college or university excluding dormitories and other college or university residential uses.
G. 
Restaurant.
H. 
Assembly and social recreation hall.
I. 
(Reserved)
J. 
Taxi office, when adjacent to a residential use or zone.
K. 
Stores or offices, located on Fire Island in a Business 1 District, in which goods or commodities or services are sold at retail and solely in support of community activities.
L. 
Any single-user freestanding retail use in excess of 10,000 square feet of gross floor area.
M. 
A drive-through window for a bank, as an accessory to said use, subject to the lot having a minimum of 35,000 square feet.
N. 
(Reserved)
O. 
A drive-through window for a pharmacy facility, as an accessory to said use, subject to the lot having a minimum of 35,000 square feet.
P. 
(Reserved)
Q. 
Bar, tavern, or nightclub.
[Added 9-12-2000]
A. 
The following uses are permitted after the review and approval of the Planning Board without complying with the notice requirements of § 68-32, subject to compliance with the following criteria:
[Amended 5-15-2018]
(1) 
A parking relaxation of no greater than 20%.
(2) 
A landscaping relaxation of no greater than 20%.
(3) 
Approval will not result in any on- or off-site traffic impacts, as determined by the Planning Board.
(4) 
The use is consistent with the spirit and intent of the Town Code and Comprehensive Plan.
(5) 
The site is not adjacent to any residential use or zone.[1]
[1]
Editor’s Note: Former Subsection A(6), regarding spray booths, which immediately followed, was repealed 12-17-2019.
B. 
Uses.
(1) 
Minor restaurant.
(2) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection B(2), regarding outside seating as accessory use, was repealed 5-14-2024.
(3) 
Outside display.
(4) 
A walk-up counter or service window as an accessory use to a restaurant or minor restaurant use, provided the site otherwise complies with the provisions of Subsection A of this section and subject to the requirements set forth in § 68-272.1I of this article.
[Added 9-11-2001; amended 4-5-2005]
(5) 
Outdoor storage of storage pods/containers, registered passenger vehicles, recreational vehicles or marine vessels, including rental moving trucks, as an accessory use to a mini storage warehouse, provided that all vehicles are set back a minimum distance of 50 feet from any street and 200 feet from any residential use or zone and provided that such vehicles are properly screened from view with fencing and/or landscaping pursuant to the direction of the Planning Board. Said storage shall consist of no more than 20% of the overall area of the site and height of vehicles or storage pods/containers shall not exceed 20 feet. Outdoor storage shall not count towards minimum parking requirements. A supplemental buffer shall be planted as per the Subdivision and Land Development Regulations when said outdoor storage is adjacent to a residential use or zone.
[Added 12-17-2019; amended 5-14-2024]
[Amended 4-21-1998; 4-5-2005]
A. 
Public utility when no repair or storage facilities are maintained.
B. 
The location of a wholesale food-distribution station in any business district.
C. 
Single-family detached dwelling and accessory structures, provided the requirements for height, yard setbacks, plot area and width, and occupancy in a Residence AA District are met.
[Added 12-17-2019]
D. 
Two-family detached dwelling, provided the requirements for height, yard setbacks, plot area and width, and occupancy for two-family dwellings in a Residence CAA District are met.
[Added 12-17-2019]
[Amended 2-16-1971; 12-15-1981[1]; 4-8-1997; 9-11-2001; 8-5-2014; 2-28-2017; 3-14-2023; 5-14-2024; 4-8-2025; 12-16-2025]
A. 
The following accessory uses shall be permitted when located on the same lot of the authorized use:
(1) 
Private garage.
(2) 
Building for storing products, merchandise or vehicles incidental or accessory to the authorized use.
(3) 
Signs as regulated and permitted in Article XXIX.
(4) 
Game center.
(5) 
Other customary accessory uses, structures and buildings, provided that such uses are clearly incidental to the principal use and do not include any activity commonly conducted as a business.
(6) 
Minor restaurant accessory to a retail use of no less than 25,000 square feet in gross floor area, and subject to the following conditions:
(a) 
The minor restaurant shall share the same entrance as the retail use, and not have its own entrance.
(b) 
The minor restaurant shall not have its own exterior signage.
(7) 
Sale of propane exchange tanks, stored in a single open-caged structure.
(8) 
Outside seating may be permitted as an accessory use to a restaurant or minor restaurant use, provided the site otherwise complies with all applicable Code requirements and subject to the following requirements:
(a) 
Outside seating shall be subject to the approval of the Planning Board, which shall have the authority to require information which may be necessary to evaluate such a request.
(b) 
Outside seating shall be permitted for the service of food and beverages only. The service and consumption of alcohol shall only be permitted as clearly accessory and incidental to the service of food. No outside bar shall be permitted. In no case shall the service of alcohol be permitted off site.
(c) 
Outdoor music shall be subject to the prior written approval of the Planning Department and Division of Fire Prevention, which departments may request additional information as they deem necessary to evaluate such request. A fee, according to the fee schedule, is required for this review. Outdoor music shall be further regulated as follows:
[1] 
Outdoor music shall be permitted but shall be limited to acoustic live music or prerecorded music only; outdoor music shall be limited between the hours of 12:00 p.m. and 10:00 p.m.; and music shall be limited to a maximum of four hours of live music per day.
[2] 
The Department of Planning and Development may require sound attenuation measures such as sound walls, fences, or additional landscaping to mitigate impacts to adjacent residential uses.
[3] 
All outdoor music uses are required to secure an outdoor music permit from the Division of Fire Prevention. Additionally, if outdoor entertainment is broadcasted in a location classified as a place of public assembly under Chapter 19 of this Code, a public assembly permit must also be obtained.
[4] 
Revocation of permit. The Chief Fire Marshal, or his or her designee, reserves the right to revoke any permit or license issued under the provisions of this chapter for a period to be determined by the Fire Marshal. Said revocation shall be after the licensee shall have an opportunity to be heard.
[5] 
Penalties for offenses. The violation of any provision of this subsection shall be an offense which shall be punished by a fine of not less than $250 nor greater than $500.
(d) 
Outside seating shall only be permitted to operate between the hours of 8:00 a.m. and 11:00 p.m.
(e) 
Outside seating shall be permitted on the subject parcel or on the sidewalk area adjacent to a dedicated roadway, provided it does not encroach onto the sidewalk by more than 50% and further provided there is a minimum unobstructed sidewalk area of eight feet. If on-street parking is permitted adjacent to the sidewalk, then a minimum unobstructed sidewalk area of five feet shall be required.
(f) 
Should substantiated complaints be received by the Department of Planning and Development, the Planning Board shall reserve the right to hold a public hearing to rescind the outdoor seating approval.
(9) 
A walk-up counter or service window as an accessory use to a restaurant or minor restaurant use, provided the site otherwise complies with all applicable Code requirements and subject to the following requirements:
(a) 
A walk-up counter or service window shall be permitted for food purposes only. Service of alcoholic beverages from a walk-up counter or service window shall not be permitted.
(b) 
Outdoor loudspeakers shall not be permitted.
(c) 
A walk-up counter or service window shall only be permitted to operate between the hours of 8:00 a.m. and 11:00 p.m.
(d) 
A minimum unobstructed sidewalk area of at least eight feet shall be maintained in front of any walk-up counter or service window.
B. 
Except with regard to construction on property principally used for agriculture, any accessory building shall be located on the same lot with the principal building; and no accessory building shall be constructed on a lot until the construction of the main building has actually been commenced; and no accessory building shall be used unless the main building on the lot is completed and used.
C. 
Wherever a use has been authorized by special permit pursuant to § 68-272 or § 68-272.1, or special exception pursuant to § 68-273, no accessory use shall be permitted unless the same shall have been specifically authorized by that board which authorized the use.
D. 
Nothing herein contained shall be construed to permit the erection, alteration, addition, maintenance or use of any premises which shall provide outdoor storage, car-hopping service or drive-through service.
[1]
Editor's Note: This ordinance also provided that it shall be effective 1-3-1982.
A. 
Buildings and structures.
(1) 
In Business B1 District, no building or structure shall be erected or altered to a height in excess of 35 feet.[1]
[1]
Editor's Note: Former Subsection A(2), Exception, which immediately followed this subsection, was repealed 11-1-1988.
B. 
Dwellings.
[Amended 11-1-1988; 4-5-2005]
(1) 
The height regulations for detached dwellings shall be the same as those in the Residence AAA District.
C. 
Accessory buildings.
[Amended 11-1-1988; 4-5-2005]
(1) 
Accessory structures shall not exceed 18 feet in height.
D. 
Flagpoles shall not exceed 35 feet in height.
[Added 9-11-2001]
E. 
Any mini-storage building shall have a minimum of two stories.
[Added 5-15-2018]
A. 
The total building area, including all buildings, shall not exceed an FAR of 0.40.
[Amended 11-1-1988]
B. 
The total building area, including all buildings, shall not exceed an FAR of 0.25 for a single-family dwelling.
[Amended 11-1-1988]
C. 
The total building area, including all buildings, shall not exceed an FAR of 0.40 for other permitted buildings.
[Amended 11-1-1988]
D. 
The total building area, including all buildings, shall not exceed an FAR of 0.25 for a two-family dwelling.
[Amended 11-1-1988]
E. 
Accessory buildings shall not occupy more than 25% of the total lot area nor more than 25% of the rear yard area.
F. 
A mini-storage warehouse and its associated accessory structures shall not occupy more than 40% of the lot on which they are situated. The floor area ratio may be increased to a maximum of 0.65 subject to complying with the following criteria:
[Added 5-15-2018]
(1) 
The filing of a deed covenant by the applicant/owner, prior to permit issuance, limiting the use to a mini-storage warehouse.
[Amended 7-20-2021]
(2) 
A thirty-foot strip of landscaping shall be provided along street frontages.
(3) 
The incorporation of renewable energy that provides for a minimum of 50% of the building's energy demand.
(4) 
Use of "superior architecture," as defined in § 68-3, Word usage and definitions, on the facade for building elevations that are visible from streets.
(5) 
Use of architecture similar to the superior architecture on the facade for building elevations that are not visible from streets.
A. 
The minimum required plot area for a single-family detached dwelling shall be 20,000 square feet.
B. 
The minimum required plot area for a two-family dwelling shall be 20,000 square feet.
[Amended 4-8-1997]
C. 
The minimum required plot area for business uses shall be 7,500 square feet except as otherwise provided herein.
[Amended 11-1-1988; 9-11-2001]
D. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D, regarding minimum required lot area for lodging or boarding house, was repealed 5-14-2024.
E. 
The minimum required plot area for public school, private or parochial school, nonprofit fraternity or lodge, church or other similar place of worship or parish house, funeral parlor/home, university or college dormitory shall be 20,000 square feet.
[Amended 9-11-2001; 5-14-2024]
F. 
The minimum required plot area for a mini-storage warehouse shall be 60,000 square feet.
[Added 5-15-2018]
[Amended 4-5-2005]
The minimum living area requirements shall be the same as those required in the Business District.
A. 
Minimum requirements.
(1) 
The minimum width of lot for a single-family detached dwelling, a two-family detached dwelling, lodging house or boardinghouse shall be 100 feet throughout.
(2) 
The minimum width of lot for all permitted buildings shall be 65 feet except as otherwise provided herein.
(3) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection A(3), regarding minimum lot width for a hotel, motel or boatel, was repealed 5-15-2018.
(4) 
The minimum width of lot for an indoor moving picture theater, mini-storage warehouse, community building, church or other similar place of worship or parish house shall be 100 feet throughout.
[Amended 5-15-2018]
(5) 
The minimum width of lot for all uses permitted pursuant to §§ 68-272 and 68-273 shall be 100 feet throughout.[2]
[2]
Editor’s Note: Former Subsection A(6), regarding minimum lot width for all other permitted uses, and which immediately followed this subsection, was repealed 5-15-2018.
B. 
Separate ownership. A single-family dwelling may be erected on any lot which was separately owned at the time of the passage of the ordinance or on any lot separately owned at the time of any amendment thereto heretofore adopted, and which has not come into common ownership with the adjoining property and conforms to the width of lot requirements of the Amended Zoning Ordinance prior to any such amendment and conforms to all other minimum requirements of this ordinance.
A. 
Main building. All buildings, except one-family and two-family residences, hereafter erected, shall have a minimum front yard setback of 10 feet from all streets, unless arterial highway setback is greater (see Article XXXII), and except as otherwise provided (see § 68-280F).
[Amended 5-21-2013]
B. 
Corner lots. All main buildings hereafter erected on a corner lot shall also have a front yard facing the side street. This front yard shall be at least 10 feet except as otherwise provided herein, unless arterial highway setback is greater (see Article XXXII).
[Amended 8-5-2014]
C. 
One-family and two-family dwellings. All residences hereafter erected in a B1 District shall have a minimum front yard setback, unless arterial highway setback is greater (see Article XXXII), as follows:
(1) 
One-family dwelling, 40 feet.
(2) 
One-family dwellings upon a corner lot shall have second front yard of 30 feet facing the side street.
(3) 
One-family dwelling upon a through lot, 40 feet from each street.
(4) 
Two-family dwellings, 25 feet.
(5) 
Two-family dwellings upon a corner lot shall have a second front yard of 25 feet facing the side street.
(6) 
Two-family dwellings upon a through lot, 25 feet from each street.
D. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D, Other permitted buildings, was repealed 9-15-2020.
E. 
Accessory buildings. Accessory buildings in a B1 District shall have a minimum setback of 35 feet from all streets, unless arterial highway setback is greater (see Article XXXII).
F. 
Front yard transition. Wherever any side yard of a plot in a B1 District abuts the side yard of a plot in a residence district, the minimum front yard setback for the building on the plot in a B1 District shall be the minimum requirement for the front yard setback in the residence district.
A. 
All main buildings hereafter erected shall have a side yard along each lot line other than a street or a rear line. Side yards shall be 10 feet.
B. 
Side yard transition. Wherever any side yard of a plot in a Business 1 District abuts a plot or plots in one or more use districts other than B1, then the minimum required side yard for all buildings in a B1 District shall be the more restrictive side yard so abutted.
A. 
Main buildings. All main buildings hereafter erected shall have a minimum rear yard of not less than 10 feet, except where a greater depth shall be required to accomplish rear yard transition.
B. 
Rear yard transition. Whenever any rear yard of a plot in a B1 District abuts a plot or plots in one or more residence use districts, the minimum required rear yard of all main or accessory buildings in a B1 District shall be 15 feet.
C. 
Accessory buildings.
(1) 
Accessory buildings hereafter erected shall have a minimum rear yard of not less than 10 feet, except where a greater depth shall be required to accomplish rear yard transition.
(2) 
Accessory buildings shall occupy not more than 25% of the rear yard area.
[Amended 4-8-1997]
A. 
Parking, curbing, sidewalks, drainage, screen planting, buffers, street trees, dumpster enclosures, lighting, public improvements and all other applicable requirements of the Town Code and the Subdivision and Land Development Regulations shall be maintained unless otherwise modified or waived by the Planning Board or Town Board.
B. 
The exterior site improvements and improvement of property shall be regulated under Article XXXI of this ordinance.
[Amended 8-12-2003]
C. 
A minimum buffer area of 25 feet in width in accordance with Town standards shall be provided and maintained adjacent to any residential zone or use.
[Added 4-8-2025]
The provisions of this article are declared to be severable, and if any section, sentence, clause or phrase of this article shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining section, sentences, clauses and phrases of this article, but they shall remain in effect, it being the legislative intent that this article shall stand notwithstanding the invalidity of any part.