[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.
[Added 12-17-2019]
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.
[Added 6-23-2009]
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]
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]
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.
[Added 11-14-1995; amended 4-8-1997; 4-21-1998; 3-23-1999; 9-12-2000]
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.
[Added 5-14-2024]
E. Outside display, except as otherwise provided herein.
F. Private or parochial college or university excluding dormitories and other college or university residential uses.
H. Assembly and social recreation hall.
I. 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:
[Added 9-11-2001]
(1) 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.
(2) Outdoor loudspeakers, exterior live entertainment or dancing of any kind shall not be permitted.
(3) 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.
(4) A minimum unobstructed sidewalk area of at least eight feet shall be maintained in front of any walk-up counter or service window.
J. Taxi office, when adjacent to a residential use or zone.
[Added 5-20-2003; amended 5-15-2018]
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.
[Added 4-5-2005]
L. Any single-user freestanding retail use in excess of 10,000 square feet of gross floor area.
[Added 4-5-2005]
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.
[Added 4-5-2005; amended 5-28-2008; 6-8-2010]
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.
[Added 6-8-2010]
Q. Bar, tavern, or nightclub.
[Added 10-25-2011]
[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]
[Added 4-8-1997]
All uses not expressly permitted are prohibited.
[Amended 4-5-2005]
The minimum living area requirements shall be the same as those required in the Business District.
No encroachments shall be permitted.