[Amended 7-3-1973; 12-18-1979; 1-20-1987; 3-19-1991; 4-8-1997; 4-21-1998; 3-23-1999; 4-5-2005; 8-14-2007; 5-28-2008; 6-8-2010; 12-17-2019; 7-20-2021; 7-12-2022]
These provisions are intended to provide for appropriate minimum requirements for large-scale retail and automobile-dependent uses, including, but not limited to, retail fuel stations, motor vehicle dealerships, and fast-food restaurants. Said properties shall be large enough to accommodate any proposed outdoor storage, outside retail sales, and vehicle queuing as necessary along with other minimum site requirements. Sites are most appropriately located on arterial highways, at signalized intersections, and reasonably located away from single-family dwellings and schools.
[Added 8-14-2007; amended 7-12-2022]
In a Business 3 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:
B. Accessory restaurant, as defined in §
68-3.
C. Store, office, medical office, delicatessen, bank, broadcasting studio, and community building.
[Amended 3-14-2023]
D. The operation of any retail business will be permitted which is allowed in Business 1 and Business 2 Districts, except as otherwise provided herein.
E. Child or adult day-care center.
[Amended 5-14-2024]
F. Personal service establishments, including, but not limited to, barbershop, beauty parlor, shoe repair shop.
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 width in accordance with Town standards is provided and 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.
K. 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. Veterinarian, provided that a minimum setback of 50 feet is maintained for any outside activity and that buffers and fencing are maintained in accordance with Town standards.
O. 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.
Q. Municipal building or use.
R. Laundromat.
[Added 3-14-2023]
[Added 11-14-1995; amended 4-8-1997; 4-21-1998; 3-23-1999; 9-12-2000]
A. Vehicle fleet parking field for registered vehicles, including but not limited to ambulettes, buses, livery vehicles, and taxis. Tractor trailers, box trucks, pickup trucks, construction vehicles, ice cream/food trucks are expressly prohibited. The use of the parking field shall be for active vehicles and shall not be used for vehicle storage. At no time shall any vehicle be parked in such a position as to obstruct the free ingress and egress of vehicles. All such vehicle parking fields shall be completely screened from view with fencing, landscaping, and berms at the direction of the Planning Board.
[Added 7-20-2021]
C. Vehicle repair shop, except as otherwise provided herein.
D. Convenience market, subject to the lot having a minimum of 20,000 square feet.
[Amended 6-8-2010]
E. Outside seating as an accessory use to a permitted bar, tavern, nightclub, provided the site otherwise complies with all applicable Code requirements and subject to the following requirements:
[Amended 9-11-2001; 5-14-2024]
(1) The outdoor area shall be located a minimum of 150 feet from any single-family residence.
(2) Outdoor loudspeakers of any kind shall not be permitted.
(3) The outside area shall not be permitted to operate past 2:00 a.m.
(4) Outside seating shall be permitted on the sidewalk area adjacent to a dedicated roadway between the hours of 10:00 a.m. and 11:00 p.m. for dining purposes only, 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. The service and consumption of alcohol shall only be permitted as clearly accessory and incidental to the service of food.
G. Private or parochial college or university excluding dormitories and other college or university residential uses.
I. Assembly and social recreation hall or dance hall.
J. 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.
K. Taxi office.
[Added 1-14-2003]
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 12-12-2006; 5-28-2008; 6-8-2010]
N. Animal care center.
[Added 2-28-2017]
O. Outdoor recreation use, including mini-golf, court games, and field sports. Outdoor batting cages and go-kart uses are not allowed as part of this special permit.
[Added 12-2-2008]
P. Any outside display, as defined in §
68-3, exclusive of motor vehicles.
[Added 6-8-2010]
Q. 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]
R. Indoor recreational use.
[Added 6-8-2010]
S. Restaurant, fast-food, subject to meeting the criteria listed in Article
XXXVI.
[Added 5-14-2024]
U. Ambulette office, including the outside storage of ambulette vans, provided that the following criteria are met:
[Added 10-13-2010]
(1) Ambulette van(s) shall not exceed 9,000 pounds in unladen weight or exceed 19 feet in length.
(2) No ambulette vans are located within any front yard or second front yard unless hidden or screened from view from any adjoining residential zone or use or from any adjacent right-of-way at the direction of the Planning Board.
(3) The number of parked ambulette vans and area for their parking are clearly shown on, and limited by, an approved site plan. The Planning Board shall determine the maximum number of permitted ambulette vans on a property. At no time may the number of parked ambulette vans exceed the number permitted by the Planning Board. Ambulette van parking stalls shall not count towards the overall parking calculation for the entire property.
(4) All ambulette vans shall have a current registration and inspection from the New York State Department of Motor Vehicles, shall be licensed by the New York State Department of Transportation and shall be fully operational.
(5) Repair, other than routine maintenance, of any ambulette van shall be prohibited, unless a special permit is obtained by the Planning Board.
V. Bar, tavern, or nightclub.
[Added 10-25-2011]
W. Car wash (motor vehicle wash).
[Added 12-17-2019]
X. Smoke/vape shop, provided the use is located at least 500 feet from any residential use or zone, school, park, playground, or house of worship.
[Added 5-14-2024]
Y. Smoke/vape lounge, provided the use is located at least 500 feet from any residential use or zone, school, park, playground, or house of worship.
[Added 5-14-2024]
[Amended 4-8-1997; 4-21-1998; 12-12-2006]
[Added 4-9-1997]
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.