[Amended 5-22-1996 by L.L. No. 2-1996; 7-23-1997 by L.L. No. 5-1997; 2-25-1998]
In accordance with Town plans, this district
is intended to be a transitional zone allowing office and service
uses and mixed occupancy structures. Such transitional areas may include
former residential structures along arterial roads and office buildings
developed adjacent to residential areas. Where such uses are located
in former residential structures, signage, landscaping and building
modifications should preserve as much as possible the residential
character of the buildings and landscaped open space.
In an Office/Transitional BE-2 District, no
building or premises shall be used and no building or part of a building
shall be erected, in whole or part, for any use except the following:
A.
B.
Conditional uses shall be permitted as follows, subject to approval by the Planning Board in accordance with Chapter 217, Article II, hereof, and subject to the requirements specified below and elsewhere in these regulations, including site plan approval, in accordance with Chapter 217, Article III, of these regulations:
(1)
Banks, with and without drive-through facilities, subject to the requirements of § 207-14.3, Drive-through standards. Banks with automatic teller machines shall be subject to the standards in § 203-54B(2).
(2)
Automatic teller machines, as an accessory use to
a permitted or conditionally permitted use, subject to the following
standards:
(a)
Automatic teller machines shall be located and
screened so that, when the requirements of all state and federal laws
are met, there is no overflow of light from the automatic teller machine
or any access paths or drives onto any residential properties. A lighting
plan shall be submitted showing the location, direction, power and
time of use for any proposed outdoor lighting.
(b)
Automatic teller machines configured as drive-throughs shall meet the requirements of § 207-14.3, Drive-through standards, except that the lighting requirements in this section shall apply if they are more restrictive.
(c)
All other requirements of these regulations
are met.
(3)
Nursing homes.
(4)
Day-care centers.
(5)
Public utilities and government buildings other than
offices, excluding power plants and maintenance and storage facilities.
(6)
Cultural facilities.
(7)
Places of worship.
C.
Residential character. It is the intent of these
regulations to maintain the existing residential character of the
BE-2 District. Therefore:
[Amended 11-17-1999 by L.L. No. 7-1999]
(1)
All new construction shall be designed to include
such elements as may be determined necessary by the Planning Board
and/or the Architectural Review Board to complement or enhance the
residential character of the area. The primary reference to be used
for new construction to be located on Monroe Avenue in such determination
by Town boards shall be the Monroe Avenue Design Plan, Guidelines
and Standards.
(2)
No alterations shall be made to any facade, nor shall
additions or extensions be made to any side of such structure originally
designed for residential use, unless the residential character of
the whole shall be retained. The Planning Board and/or the Architectural
Review Board shall determine the appropriateness of the design and
materials used. For properties located on Monroe Avenue, the primary
reference to be used in such determinations shall be the Monroe Avenue
Design Plan, Guidelines and Standards.
D.
E.
Outdoor storage or display. No outdoor storage or
display of goods, materials or equipment shall be permitted.
F.
Drive-through facilities. Except for those uses specifically
listed, no drive-through facilities shall be permitted.
G.
Additional standards. The following additional standards
shall apply to all new or expanded permitted and conditional uses
in the Office/Transitional District (BE-2):
(1)
Hours of operation. No use, except approved automatic
teller machines, may operate or accept deliveries, nor may a truck
or other machinery be operated on the premises of any use, earlier
than 7:00 a.m. nor later than 10:00 p.m. on Sunday through Thursday
nor earlier than 7:00 a.m. nor later than 11:00 p.m. on Friday and
Saturday.
(2)
Noise-generating equipment. All air-handling equipment
or other noise-generating equipment shall be located a minimum of
10 feet from any property line along a residential district and shall
be screened as necessary, in the opinion of the Building Inspector,
the Planning Board or the Architectural Review Board, to prevent noise
intrusion onto or visibility from adjacent residential properties
and adjacent rights-of-way. At the property boundary, noise generated
by such equipment shall not be loud enough to interfere with the use
and employment of adjacent residential property.
(3)
Lighting. All lighting shall be designed to eliminate
light overflow onto adjacent residential properties. Any signage,
building or parking lighting not necessary for security purposes shall
be placed on automatic timing devices which allow illumination to
commence each day 1/2 hour before the business is open to the public
and to terminate 1/2 hour after the close of business.
All changes or extensions of permitted or allowed
uses or changes of proprietorship within this district must apply
for a certificate of compliance from the Building Inspector or designee.
This administrative review shall determine if all the requirements
of these regulations are met for the new or expanded use. The Building
Inspector or designee shall have the right to any additional information
necessary to make such a determination. The Building Inspector or
designee is authorized to grant a certificate of compliance only for
those applications which meet all the requirements of these regulations
and when any previous Town conditions, if applicable, have been met.
A report of all certificates of compliance applications and the outcome
of the administrative review shall be routinely given to the Planning
Board.
A.
All proposed development and exterior modifications
to existing buildings, with the exception of those requiring review
by the Historic Preservation Commission, shall be referred to the
Architectural Review Board for an advisory report and finding prior
to the issuance of a building permit. In particular, the review shall
include analysis of the proposal's compatibility with the residential
character of the building or area and, for properties on Monroe Avenue,
with the guidelines and standards of the Monroe Avenue Design Plan,
Guidelines and Standards.
[Amended 11-17-1999 by L.L. No. 7-1999]
B.
All proposed development and exterior modifications
to existing buildings which are designated landmarks of or are under
review for possible landmark designation by the Brighton Historic
Preservation Commission or any county, state or federal agency shall
be referred to the Commission for an advisory report prior to approval
of site plans or issuance of any building permit.
[Amended 11-17-1999 by L.L. No. 7-1999]
All proposed development which has a direct impact on open space, buffers, or linkages or involves changes to site landscaping shall be referred to the Conservation Board for an advisory report prior to final site plan approval by the Planning Board. The Conservation Board's review shall include analysis of the compatibility of landscaping intended to meet the screening requirements of Chapter 207, Article V. The Conservation Board shall also review the compatibility of any streetscape landscaping elements with any streetscape design guidelines developed for the Town's commercial areas. The Conservation Board shall also review the compatibility of any landscaping modifications on Monroe Avenue properties with the Monroe Avenue Design Plan, Guidelines and Standards.
See the supplementary regulations in § 207-14.1 of these regulations.
