[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.