[Amended 9-17-1973 by L.L. No. 1-1973; 10-15-1973 by L.L. No. 3-1973; 1-11-1988 by L.L. No. 4-1988; 1-11-1988 by L.L. No. 7-1988; 7-11-1988 by L.L. No. 12-1988; 10-6-1997 by L.L. No. 3-1997; 6-15-1998 by L.L. No. 1-1998; 12-2-1998 by L.L. No. 3-1998; 3-29-1999 by L.L. No. 4-1999; 6-10-2002 by L.L. No. 5-2002; 1-13-2003 by L.L. No. 2-2003]
A.
In Business A District, no building or premises shall
be used and no building shall be erected or altered for any other
than one or more of the following uses:
(1)
Store for the sale of goods at retail or performance
of customary personal services, or services clearly incidental to
retail sales, but no fabrication or manufacturing except incidental
to and on the same premises with such retail sale.
(2)
Business, professional, banking or post office.
(3)
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.
[Amended 7-9-2007 by L.L. No. 2-2007]
(4)
Advertising signs; provided, however, that the same
shall in all cases conform to the requirements set forth in other
ordinances of the Village.
(5)
Railway or bus passenger station.
(6)
Telegraph office, express office.
(7)
Funeral home or parlor.
(8)
Hotel or motel.
(9)
Printing office and shop.
(10)
Private school.
(11)
Public garage, automobile service or gas filling
station, taxi or motor vehicle station, used car lot, dry-cleaning
establishment, amusement park, miniature golf course, bowling alley,
shooting gallery, billiard or pool parlor and business of a similar
nature, subject however, to the consent and permit of the Board of
Appeals as provided in this chapter; provided, however, that the Board
of Appeals will not give its consent or issue any permit for any activity
which would include mechanical rides of any type.
(12)
Parking lot area for transient motor vehicles.
(13)
Plumbing shop, tinsmith shop.
(14)
Storage warehouse.
(15)
Theater, provided that a special use permit
is obtained from the Board of Appeals.
[Amended 7-9-2007 by L.L. No. 2-2007]
(16)
Wholesale store for the sale of goods.
(17)
Wholesale sample room.
(18)
Light manufacturing; provided, however, the
consent and permit of the Board of Appeals is first obtained; and
further provided that the noise caused by the operation of the machinery,
the emission of odors, stenches, dust, smoke, gas or noise are confined
within the building or premises where such manufacturing or assembling
of articles is carried on.
(19)
Carpet or rug cleaning; provided, however, that
the consent and permit of the Board of Appeals as provided in this
chapter is first obtained; and provided further that the process or
operation of cleaning carpets and rugs does not employ the use of
flammables of any nature whatsoever, that the operation or process
is completely performed within the building where such business is
carried on and that the noise caused by the operation or process of
cleaning and the emission of odors, stenches, dust, smoke or gas are
confined within the building where such cleaning is carried on.
(20)
Exterior drive-through window; provided, however,
that the consent of the Board of Appeals as provided in this chapter
is first obtained.
(a)
When an application for an exterior drive-through window is made to the Board of Appeals, the Board must consider and be guided by the general provisions contained in Article XXVII of this chapter, including the health, safety and general welfare of the community. In addition, and as a basis for determining such an application, the Board of Appeals must consider the impact of the proposed use of the exterior drive-through window, as it relates to each of the following factors, as well as additional factors relevant to the particular application, by considering:
[1]
Hours of operation for such use.
[2]
Use, noise and placement of microphones.
[3]
Placement of signs.
[4]
Location of driveways.
[5]
Location of window.
[6]
Impact on traffic, and emissions from traffic
using the drive-through window.
[7]
Odors from use.
[8]
Installation of fencing and screening to protect
abutting residential property.
[9]
Lighting from the signage of the drive-through
window.
(b)
In addition, the applicant, where required by
the Board of Appeals, will provide a report from a traffic expert
acceptable to the Board of Appeals on the impact of the exterior drive-through
window upon traffic flow and safety.
(c)
Notwithstanding anything in this Village Code
to the contrary, when granting any variance or permit or consent or
other form of approbation, the Board of Appeals may impose reasonable
conditions and restrictions that relate to the use, ownership, manner
of use, duration of relief granted or any other condition which to
the Board of Appeals may seem just and proper in the circumstances.
[Amended 8-6-2007 by L.L. No. 3-2007]
The building area shall not exceed 90% of the
lot area.
[1]
Editor's Note: Former § 340-83.1,
Density, added 5-22-2006 by L.L. No. 4-2006, was repealed 8-6-2007
by L.L. No. 3-2007.
[Amended 8-6-2007 by L.L. No. 3-2007]
No building shall be raised and no such building
or part thereof shall be erected or altered to be greater in height
than the lesser of 36 feet or three stories.
[Amended 8-6-2007 by L.L. No. 3-2007]
A setback of at least 10 feet from the front
property line on interior lots shall be required.
[Amended 8-6-2007 by L.L. No. 3-2007]
No side yards are required, except that where
abutting any residential district a ten-foot setback is required.
[Amended 8-6-2007 by L.L. No. 3-2007]
A rear yard of at least 10 feet is required,
except where the rear property or lot line of any lot constitutes
the common boundary line between such lot and municipally owned land
or premises designed and actually used for public parking spaces for
motor vehicles, in which case no rear yard setback is required.
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 as an attachment to this chapter.
B.
Parking shall be provided for and continuously maintained
within 200 feet of the premises for funeral homes and parlors, theaters,
bowling alleys, hotels and motels, office buildings and buildings
used for the sale of goods at retail or services clearly incidental
to retail sales, and light manufacturing.
[Amended 8-6-2007 by L.L. No. 3-2007]
