This article shall apply to a planned community
business center, as hereinafter provided, and shall be known as a
"Business AA District."
A building may be erected, altered or used and
a lot or premises may be used for any of the purposes set forth in
this article and for no other:
A. Bank, hotel, theater other than an open-air drive-in
or automobile theater, studio, offices, showrooms, art galleries,
church, library, telephone exchange and office, telegraph, cable and
radio communication offices.
[Amended 5-20-1969]
B. Shops for personal service, which shall include barbershops,
beauty shops, shops for repair of clocks, watches and jewelry, tailors,
dressmakers, millinery and shoe repair.
C. Retail stores for the sale of dry goods, hardware, clothing, furniture, household furnishings and supplies, sporting goods, toys, stationery, books, optical goods, watches, clocks and jewelry, phonographs, radios, televisions, musical and scientific instruments, art supplies, cameras and photographic equipment and supplies, plants and flowers, drugs and cosmetics, except for retail stores of a type known as "big-box commercial use" as defined in §
70-140B.
[Amended 4-4-1995 by L.L. No. 4-1995; 9-27-2005 by L.L. No.
7-2005]
D. Building and outdoor facilities for recreational purposes
other than carnivals, professional baseball, football or other professional
sports, as approved by the Town Board after public hearing. The outdoor
space occupied by such recreational facilities may be included in
determining the size of the landscaped areas as may be required in
this ordinance.
[Amended 2-27-1973]
E. In the event that a retail store for the sale of goods
or for community service not mentioned in the preceding sections is
desired, application shall be made to the Board of Zoning and Appeals
and, if the said Board determines that the use requested is equal
to or of higher classification than those mentioned in this Article,
such use will be permitted.
F. Accessory uses on the same lot and customarily incidental to any of the above permitted uses, except for accessory drive-through facilities, which shall be subject to the provisions of §
70-203T, and for below-grade parking structures, which shall be subject to the provisions of §
70-203U.
[Added 1-24-2006 by L.L. No. 2-2006;
amended 10-3-2006 by L.L. No. 14-2006]
G. A caretaker unit, as defined in §
70-231, located within a building or on a property designated on the National Register of Historic Places, State Register of Historic Places or designated as an individual landmark under Chapter
27 of this Code and having a portion of the building accessible to the public.
[Added 9-10-2013 by L.L. No. 4-2013]
[Added 9-13-1983 by L.L. No. 6-1983; amended 4-4-1995 by L.L. No. 4-1995;
amended 6-8-1999 by L.L. No. 7-1999]
A building may be erected, altered or used and a lot or premises may be used for any of the purposes set forth in this article when authorized by the Board of Zoning and Appeals pursuant to the provisions of Article
XXIV and for no other:
A. The operation of not more than two amusement devices
in conjunction with a lawfully established business. No amusement
device shall be operated as authorized herein except on the following
conditions:
(1)
No amusement device shall be located outside
of a building.
(2)
No amusement device shall be located in any
premises within 500 feet of any public, private or parochial school.
For the purposes of this section only, the term "public, private or
parochial school" shall not include schools whose students are primarily
over the age of 18 years or are high school graduates.
(3)
An amusement device may be operated only between
the hours of 9:00 a.m. and 9:00 p.m. This limitation shall not apply
to amusement devices located in bars, inns, diners, taverns and bowling
alleys.
B. Restaurants, or retail grocery, retail food use or
other store primarily selling food items packaged in units of more
than one portion for consumption off the premises.
[Amended 3-20-2018 by L.L. No. 2-2018]
C. Senior day-care facilities.
(1)
Senior day-care facilities shall provide means
for the dropoff and pickup of clients in a manner which does not interfere
with the orderly flow of traffic.
E. Child care, nursery school or similar facility, subject to the standards and requirements set forth in §
70-203.1 of this chapter.
[Added 10-2-2001 by L.L. No. 8-2001]
[Added 5-19-1998 by L.L. No. 10-1998]
The following uses are prohibited:
A. A dry-cleaning establishment using perchloroethylene.
B. The installation of equipment which uses perchloroethylene
or increases the capacity of existing equipment which uses perchloroethylene.
C. Retail stores of a type known as "big-box commercial use" as defined in §
70-140B.
[Added 9-27-2005 by L.L. No. 7-2005]
The height of any building or structure shall
not exceed 35 feet and within such limits shall be that best suited
to the architectural designs and arrangements of all the buildings.
All buildings shall conform to the architectural design of the project.
[Amended 6-8-1999 by L.L. No. 7-1999]
A. Every project under this article other than senior
day-care facilities or nursing homes shall occupy a plot of not less
than 10 acres unless otherwise approved by the Board of Zoning and
Appeals.
B. Freestanding senior day-care facilities shall occupy
a plot of not less than 1/2 acre with a minimum width of 100 feet.
C. Freestanding nursing homes shall occupy a plot of
not less than one acre with a minimum width of 100 feet and a maximum
density of 50 beds per acre.
[Amended 7-17-1990 by L.L. No. 5-1990; 12-14-1999 by L.L. No. 14-1999]
The total coverage of buildings or structures
shall not exceed 30% of the plot area. The balance of said plot area
shall be divided among areas for landscaped parks and the accessory
parking of vehicles. Notwithstanding any other provision of this chapter,
the area set aside for accessory parking of vehicles shall provide
for a minimum of two square feet of parking for each square foot of
commercial floor space in the project and shall provide for ingress
and egress thereto, in addition to the area required for parking.
[Amended 7-17-1990 by L.L. No. 5-1990]
The gross floor area of the building shall not
exceed 60% of the area of the plot.
[Amended 3-25-1986 by L.L. No. 3-1986]
A. The provisions of §
70-103 shall apply to the Business AA District.
B. The space for loading and unloading for each building shall be so located as not to interfere with vehicular traffic and no part of same shall be included as parking, and such loading and unloading space shall be sufficient to permit two trucks for each business unit at one time. The location of the area of accessory parking as provided in §
70-117 and of the space for loading and unloading and the adequacy of same shall be subject to the approval of the Board of Zoning and Appeals.
C. Such parking area shall be adequately screened from
the view of surrounding property in accordance with the provision
shown on the approved site plans, as hereafter required.
D. Such parking area shall be connected with the marginal
road or highway by means of a roadway at least 30 feet in width with
separate means of ingress and egress upon such marginal road or highway.
All proposed buildings not provided with municipal
sewage disposal facilities shall be equipped with an independent sewage
disposal plant approved by the Nassau County Department of Health
and/or Town of North Hempstead Building Department.