The existence of certain parcels of land in
the Village bordering business districts and adjoining property used
for residential purposes has presented problems of the use of such
parcels in conformity with the general purpose of this chapter and
specifically the use of such parcels in such manner so as to blend
residence use and business use with the least possible harmful effects
requires the establishment of an area in the nature of a buffer zone
to accomplish the intent and purposes of this chapter, which buffer
zone is designated as Business AAA.
[Amended 6-10-2002 by L.L. No. 5-2002]
A.
Parking space requirements are set forth in Chart
IV of the Rockville Centre Zoning Code. Chart IV is entitled "Schedule
of Minimum Required Off-Street Parking."[1]
[1]
Editor's Note: Chart IV is included at the end of this chapter.
B.
In the Business AAA District, no building or premises
shall be used, and no building shall be erected or altered, for other
than one or more of the following uses:
(1)
Any use permitted in the Residence C District and
subject to all limitations and restrictions contained therein.
(2)
Any use permitted in the Business A District except
as hereinafter set forth, and subject to limitations in respect to
building height, front yards, side yards, rear yards and corner plots
as required in the Residence C District, and subject to parking requirements
as set forth in Chart IV of the Rockville Centre Zoning Code. Chart
IV is entitled "Schedule of Minimum Required Off-Street Parking,"[2] provided that the consent and permission of the Board
of Appeals as hereinafter set forth has been obtained; except that
the following uses are prohibited:
(a)
Theater.
(b)
Store for sale of food.
(c)
Restaurant, nightclub, cabaret, cafe or other
place serving food or beverages; provided, however, that no nightclub,
cabaret, or other similar use otherwise permitted by law shall be
operated in any portion of a building or premises which is below street
level, and no nightclub, cabaret, or other similar use shall be permitted
on any premises without the prior consent of the Board of Trustees.
[Added 7-9-2007 by L.L. No. 2-2007]
(d)
Railway or passenger station.
(e)
Express office.
(f)
Funeral home or parlor.
(g)
Public garage, automobile service or gas filling
station, taxi or motor vehicle station, shooting gallery, bowling
alley, billiard or pool parlor.
(h)
Plumbing shop and tinsmith shop.
(i)
Storage warehouse.
(j)
Wholesale store for sale of goods.
(k)
Wholesale sample room.
(l)
Light manufacturing.
(m)
Carpet and rug cleaning.
(n)
Hotels and motels.
[2]
Editor's Note: Chart IV is included at the end of this chapter.
Applications for business use of property in Business AAA District shall be made to the Board of Appeals, which in passing upon such applications must consider and be guided by the general provisions contained in Article XXVII of this chapter, and in addition thereto and as a basis for granting such application, must find that the proposed use will not create any of the following conditions:
A.
Parking problems as relating to employees and customers.
B.
Traffic problems as relating to driveway entrances
and exits and as relating to the proximity of such business to public
and parochial schools.
C.
That such business will not generate objectionable
noise and odors.
D.
That the hours of operation will not be harmful to
the public health and welfare of the surrounding residents.
E.
That such use will not interfere with the serene living
of persons in the residential districts.
F.
Spilling of light on residential premises.
Any business use permitted as provided in this article shall not be changed to any other use without the permission of the Board of Appeals granted after the application for such change made in the same manner as set forth in § 340-78.
Any permit granted by the Board of Appeals as
hereinbefore provided in this article shall be subject to termination
upon failure of the owner or operator of such business to comply with
any conditions or requirements that the Board of Appeals may impose
for the granting of such permit. The failure of an owner or operator
of a business to comply with such conditions or requirements shall
also constitute a violation of this chapter and subject the violator
to the enforcement procedures contained in this chapter.
In Business AAA District, no building erected
or altered for Residence C District use shall be permitted to be used
in part for any business purpose, and no building shall be erected,
altered or used for any combination of residence and business purposes,
it being the intent of this section to prohibit the future mixing
of residence and business use in any single building in the district.
