[Added 1-16-2008 by L.L. No. 1-2008]
A.
The purpose of this district is to provide areas in
the Town for large-scale retail sales and business enterprises, on
highways designed to handle large volumes of traffic, for well-planned
and well-designed commercial uses and parking areas which primarily
serve the motoring public and which are generally compatible with
each other and which are not detrimental to adjoining uses, community
aesthetics, aquifer protection or the orderly flow of on-site and
off-site pedestrian and vehicular traffic.
[1]
Editor's Note: Former § 178-36.7, Permitted structures
and uses, was repealed 12-16-2009 by L.L. No. 3-2009.
A.
Permitted 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
B-1 and B-2 Districts, except for multiple-family residences and their
permitted accessory uses.
[Amended 12-16-2009 by L.L. No. 3-2009]
(2)
Shopping centers, provided that no gasoline
service facility use shall be permitted except upon the issuance of
a special permit.
(3)
Hotels and motels.
(4)
Uses accessory to the above which are an integral
part of and used solely by the permitted uses and which are 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-3 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 that 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 100,000 square
feet in floor area without first obtaining a conditional permit.
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,
as well as 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 is prohibited, except for
equipment, products and materials incidental to business use and sales,
provided that such equipment, products, and materials are not detrimental
to nearby residential uses, adjacent districts, community aesthetics
or aquifer protection as determined by the Planning Board.
B.
Mines
of any type.
[Added 2-16-2022 by L.L. No. 1-2022]