[Added 1-16-2008 by L.L. No. 1-2008[1]]
[1]
Editor's Note: This local law also repealed
former Art. VIII, Business Transition District, added 7-19-1989 by
L.L. No. 2-1989.
A.
The purpose of this district is to provide areas in
the Town for retail sales and commercial business enterprises that
primarily serve the motoring public and that are auto-oriented in
size and use, and that are compatible with, but function independently
from, other adjacent and nearby nonresidential uses on highways designed
to handle large traffic volumes. It is the intent of this district
to prohibit uses that would be detrimental to adjoining districts,
community aesthetics, aquifer protection and an orderly flow of on-site
and off-site vehicular traffic.
[1]
Editor's Note: Former § 178-36, Permitted structures
and uses, was repealed 12-16-2009 by L.L. No. 3-2009.
A.
Permitted structures and uses subject to site plan
approval shall be as follows:
(1)
All those permitted structures and uses, and
those permitted uses subject to site plan approval, allowed under
a B-1 District, except for multiple-family dwellings and their permitted
accessory uses.
[Amended 12-16-2009 by L.L. No. 3-2009]
(2)
Retail stores and sales.
(3)
Bakeries, laundromats, dry-cleaning pick-up
establishments, drugstores and pharmacies.
(4)
Banks, savings and loans, and credit bureaus.
(5)
Indoor and drive-through restaurants and taverns.
(6)
Veterinary clinics, animal shelters, kennels
and pet shops.
(7)
Indoor theaters.
(8)
Indoor commercial recreation facilities.
(9)
Automobile and vehicular sales; used vehicle
sales permitted only in combination with new vehicle sales.
(10)
Customary uses accessory to the above, as defined
in this chapter, which are an integral part of and used solely for
the permitted use and deemed appropriate by the Zoning Officer.
[Amended 12-16-2009 by L.L. No. 3-2009]
B.
Upon determination by the Zoning Officer that a specific
use originally permitted within this district is to be changed so
that it involves a separate, different and distinct service, use,
process or product, or involves a new operator, an application for
a conditional permit must be made to the Planning Board. Prior to
authorizing issuance of the conditional permit, the Planning Board
may require the correction of any and all phases of the operation,
which may become or have become detrimental to the neighborhood.
[Amended 12-16-2009 by L.L. No. 3-2009]
Uses subject to conditional permit shall be
as follows:
No business establishments in any B-2 District
shall be open to the public except between the hours of 6:00 a.m.
and 12:00 midnight without prior Planning Board approval, and the
Planning Board may modify hours of operation with the granting of
a conditional use permit based upon the intensity of the use and potential
impact on neighboring areas.
A.
Lot area. The minimum lot area shall be appropriate
to accommodate the necessary structures and comply with this chapter,
as well as other Town requirements.
B.
Floor area. Any separate commercial, retail, professional
or business use, owned or leased, shall not exceed 30,000 square feet
in floor area without first obtaining a conditional permit unless
otherwise noted herein.
Prohibited uses shall be as follows:
A.
Outside storage. The outside storage of any equipment,
products, raw materials, waste or similar materials in this district
that is detrimental to nearby residential uses, adjacent districts,
community aesthetics, and aquifer protection, as determined by the
Planning Board, is prohibited, as well as the outside storage of disabled
vehicles, parts thereof, vehicles not qualifying for a New York State
automobile inspection sticker, wrecked vehicles and parts thereof,
and junk of any kind.
B.
Mines
of any type.
[Added 2-16-2022 by L.L. No. 1-2022]
