[Amended 6-5-1973; 7-3-1973; 12-18-1979; 11-17-1992; 4-8-1997]
In a Business 2 District, no building, structure
or premises shall be used or occupied and no building or part thereof
or any other structure shall be so erected or altered, except for
one or more of the following purposes:
A.
Museum.
[Amended 6-8-2010]
B.
Laundromat.
[Added 3-14-2023]
C.
Store, office, medical offices, delicatessen, bank,
broadcasting studio, and community building.
[Amended 7-20-2021; 3-14-2023]
D.
Collateral loan broker.
[Added 6-23-2009]
E.
Personal service establishments, including but not
limited to barbershop, beauty parlor, shoe repair shop.
F.
Retail dry-cleaning establishment using New York Board
of Fire Underwriters' Class I liquids.
H.
Nonprofit fraternity or lodge.
I.
Historical or memorial monument.
J.
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.
Automobile parking field, provided that a site plan
is submitted to and approved by the Planning Board or its designee
indicating compliance with all Town standards.
M.
Health club.
N.
Veterinarian, provided that all activities take place
within the building.
O.
Child or adult day-care center.
[Amended 5-14-2024]
P.
Public school.
[Added 3-23-1999]
Q.
Private or parochial school, including preschool programs,
elementary and secondary 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]
[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 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, subject to the provisions set forth in § 68-271.1.
[Added 11-14-1995; amended 4-8-1997; 3-23-1999; 9-12-2000]
A.
Minor restaurant, except as otherwise provided herein.
B.
Assembly and social recreation hall.
[Amended 12-17-2019]
D.
Convenience market.
E.
Private or parochial college or university excluding
dormitories and other college or university residential uses.
F.
Restaurant.
G.
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.
H.
Taxi office.
[Added 5-20-2003]
I.
Any single-user freestanding retail use in excess
of 10,000 square feet of gross floor area.
[Added 4-5-2005]
J.
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]
K.
Outside display, except as otherwise provided herein.
[Added 4-5-2005]
M.
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]
P.
Bar,
tavern, or nightclub.
[Added 10-25-2011]
[Added 9-12-2000]
A.
The following uses are permitted after the review
and approval of the Planning Board, subject to compliance with the
following criteria:
(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.
A.
The following accessory uses shall be permitted when
located on the same lot with the authorized use:
(1)
Private garage.
(2)
Building for storing products, merchandise or vehicles
incidental or accessory to the authorized use.
(5)
Other customary accessory uses, structures and building,
provided that such uses are clearly incidental to the principal use
and do not include any activity commonly conducted as a business.[2]
[Amended 12-15-1981]
[2]
Editor's Note: Former Subsection A(6), regarding spray booths,
added 5-28-2008, which immediately followed, was repealed 6-19-2012.
(6)
Minor restaurant accessory to a retail use of no less than 25,000 square feet in gross floor area, subject to the conditions in § 68-274.
[Added 2-28-2017]
(7)
Sale
of propane exchange tanks, stored in a single open-caged structure.
[Added 3-14-2023]
(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:
[Added 5-14-2024]
(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 dining purposes 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 loudspeakers, exterior live entertainment or dancing
of any kind shall not be permitted.
(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.
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.
D.
Nothing herein contained shall be construed to permit
the erection, alteration, addition, maintenance or use of premises
which shall provide outside storage, carhopping service or drive-through
service.
[Amended 9-11-2001]
[Added 4-8-1997]
All uses not expressly permitted are prohibited.
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]
A.
The total building area, including all buildings,
shall not exceed an FAR of 0.30.
[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 0.30 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 total rear yard area.
A.
The minimum required plot area for a single-family detached dwelling
or a two-family detached dwelling shall be 20,000 square feet.
[Amended 8-5-2014]
B.
The minimum required plot area for business uses shall be 7,500 square
feet, except as otherwise provided herein.
[Amended 4-8-1997; 8-5-2014]
C.
The minimum required plot area for a convenience market shall be
20,000 square feet.
[Amended 11-1-1988; 9-11-2001; 8-5-2014]
E.
The minimum required plot area for nonprofit fraternity
or lodge, church or other similar place of worship or parish house,
public school, private or parochial school, university or college
dormitory, and psychiatric clinics, drug treatment centers or similar
health-related facilities shall be 20,000 square feet.
[Amended 9-11-2001]
[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, or
a two-family detached dwelling, shall be 100 feet throughout.
[Amended 9-19-2017]
(2)
The minimum width of lot for all permitted buildings
shall be 65 feet, except as otherwise provided herein.
(4)
The minimum width of lot for a community building,
church or other similar place of worship or parish house shall be
100 feet throughout.
[Amended 4-8-1997]
(6)
The minimum width of lot for all other permitted uses
shall be 100 feet throughout.
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.
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 15 feet except as otherwise provided herein, unless arterial highway setback is greater (see Article XXXII).
C.
One-family and two-family dwellings. All residences hereafter erected in a B2 District shall have a minimum front yard setback as follows, unless arterial highway setback is greater (see Article XXXII):
(1)
One-family dwelling, 40 feet.
(2)
One-family dwellings upon a corner lot shall have
a 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.
E.
Accessory buildings. Accessory buildings in a B2 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 B2 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 B2 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, except where a greater side yard shall
be required to accomplish side yard transition.
B.
Side yard transitions. Wherever any side yard of a
plot in a Business 2 District abuts a plot or plots in one or more
use districts other than B2, then the minimum required side yard for
all buildings in a B2 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 B2 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 B2 District shall be 15 feet.
No encroachments shall be permitted.
[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 accordance with
Town standards shall be maintained adjacent to any residential zone
or use.
(See Article XXX.)
