In accordance with Town plans, this district
is intended to provide locations along selected arterials for a wide
range of small scale, low intensity office, service, retail and restaurant
uses that are compatible with nearby residential areas and adequately
served by off-street parking. This district is intended to accommodate
primarily local businesses with local clientele rather than regional
outlets for nationally known retail service and restaurant establishments.
Limitations on use, scale and intensity are necessary to protect adjacent
residences.
In a Low Intensity Commercial BE-F 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 uses except the
following:
A.
Permitted uses shall be as follows, subject to the requirements specified below and elsewhere in these regulations, including the administrative review mechanism and site plan approval in accordance with Chapter 217, Article III, of these regulations.
(1)
Government, business/professional and medical offices
and offices for nonprofit organizations.
(2)
Residential apartments on the second or third floor
above a permitted or conditionally permitted commercial use.
(3)
Consumer service and business service establishments.
(4)
Art, craft and similar instruction and/or display
studios which do not require the use of music (e.g., a dance studio).
(5)
Retail sales of non-food items, such as sales of shoes,
clothing, home furnishings, antiques, small appliances, computers
and electronic equipment, hardware, paint and wallpaper, sport/hobby
equipment, books, luggage, cards and gifts, jewelry, liquor, drugs,
fabrics and flowers; but excluding vehicle sales.
[Amended 11-25-2008 by L.L. No. 6-2008]
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 or without drive-through facilities, subject to the requirements of § 207-14.3, Drive-through standards. Banks with automatic teller machines shall also be subject to the standards in § 203-64B(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)
Full-service restaurants and buffet-style restaurants,
provided that there is no live entertainment on the premises, subject
to the following conditions:
(a)
The restaurant shall have a minimum square foot
gross floor area space in the dining room area of 15 square feet per
seat.
(b)
The maximum total length of all bars at which
alcohol is served shall be 20 feet, including waiter/waitress service
areas.
(c)
Any restaurant serving alcoholic beverages shall
have a kitchen floor area of no less than 250 square feet. The kitchen
shall be defined as the primary area used for the preparation of food
items for consumption by customers, excluding salad, condiment, dishwashing
and other stations in rooms or areas separate from coolers or freezers
shall be excluded from the calculation of kitchen floor area, as shall
any area in which drinks are prepared for customers.
(d)
Minimum meal-service hours (i.e., not merely
bar snacks) shall be from the opening time of the restaurant until
two hours before the restaurant closes.
(e)
Sales of alcoholic beverages shall be incidental
to food sales.
(g)
No drive-through service shall be provided.
(h)
The property shall be appropriately landscaped and screened and buffered from adjacent uses in accordance with Chapter 207, Article V, and the Table of Uses in Appendix Part 1 of these regulations. Alterations to landscaping and streetscape amenities for all properties along Monroe Avenue shall also be consistent with the goals of the Monroe Avenue Design Plan, Guidelines and Standards.
[Amended 11-17-1999 by L.L. No. 7-1999]
(i)
No restaurant use shall be located within 50
feet of a property line adjoining a residential district.
[Added 6-26-2002 by L.L. No. 4-2002]
(4)
Outdoor dining facilities as accessory uses to restaurants,
subject to the following conditions:
(a)
Outdoor dining facilities shall only be allowed
in conjunction with legally established restaurants located on the
same parcel and shall only operate during the hours of operation of
the associated restaurant. Outdoor dining facilities shall not be
located on any public property.
(b)
No live or broadcast music or other entertainment
shall be allowed in conjunction with an outdoor dining facility.
(c)
Outdoor dining facilities shall be used only
for dining by seated patrons. No bars for the service of alcohol,
food preparation areas or dance areas shall be permitted in an outdoor
dining area.
(d)
Location and configuration.
(e)
The capacity of any outdoor dining facilities
shall be limited to 50 seated patrons, with such seating capacity
included when calculating parking requirements.
(f)
The area of any outdoor dining facility shall
not exceed 750 square feet.
(g)
During each day of operation of an outdoor dining
facility, a restaurant employee shall regularly patrol the area within
300 feet of the outdoor dining facility to collect any trash or litter
which may have been generated by restaurant operations or customers.
(h)
All outdoor dining facilities shall be located
in a front yard not abutting a residential district.
(j)
All other requirements of these regulations
are met.
(5)
Specialty food stores, excluding fish markets and
butchers, and otherwise permitted retail uses involving food sales,
subject to the following conditions:
(a)
All uses involving on-premises food preparation shall meet the requirements applicable to restaurant uses listed in § 207-14.2, Supplemental restaurant regulations.
(b)
All uses involving sales of food capable of being immediately consumed which is sold in disposable packaging shall meet the requirements applicable to restaurant uses listed in § 207-14.2A(4), litter standards for restaurants.
(6)
Self-serve laundries or dry-cleaning dropoff.
(7)
Nursing homes and day-care centers.
(8)
Public utilities and government buildings other than
offices, excluding power plants and maintenance and storage facilities.
(9)
Cultural facilities.
(10)
Places of worship.
(11)
Mortuaries and funeral homes, excluding crematoria.
(12)
Fitness facilities, martial arts studios, dance
studios and music studios, provided that their operation, location
in the building and/or their construction (e.g., sealed windows) is
such that noise is prevented from intruding on adjacent residential
properties.
C.
Residential character. It is the intent of these regulations
to maintain the existing residential character of the BE-F District.
Therefore:
(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.
(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, referring to any architectural guidelines developed
for the Town's commercial areas. Any such guidelines would be located
in Appendix Part 5.
D.
Landscaping.
(1)
All new or expanded conditional uses shall be appropriately screened, buffered and landscaped in accordance with Chapter 207, Article V, and Appendix Part 1 of these regulations and any streetscape design guidelines developed for the Town's commercial areas. Any such guidelines would be located in Appendix Part 5. Screening for new or expanded conditional uses shall include a solid fence along any lot line abutting a residentially zoned parcel. Such fence shall be six feet in height or the maximum height allowed in § 207-2 of the Town Code, whichever is less. All other Town regulations pertaining to fences shall be met.
(2)
All new or expanded permitted uses shall be screened with a solid fence along any lot line abutting a residentially zoned parcel. Such fence shall be six feet in height or the maximum height allowed in § 207-2 of the Town Code, whichever is less. All other Town regulations pertaining to fences shall be met.
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 Low Intensity Commercial District (BE-F).
(1)
Maximum first-floor area. Maximum first-floor area
of buildings per lot, excluding parking and accessory structures,
shall be 3,500 square feet.
(2)
Maximum floor area. Maximum floor area of buildings
per lot, excluding parking and accessory structures, shall be 7,000
square feet.
(3)
Hours of operation.
(a)
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. Sunday through Thursday nor earlier than 7:00
a.m. nor later than 11:00 p.m. on Friday and Saturday, except that
a business may apply for a conditional use permit to operate until
2:00 a.m. In determining whether to grant such a permit and the conditions
thereof, the Planning Board shall consider, among other factors:
[1]
The impacts of noise generated by such operation,
both during hours of operation and from activities which normally
take place prior to or following normal operating hours, such as cleaning,
setup activities, trash disposal or bottle sorting; and/or
[2]
Additional factors.
[a]
The impacts of light generated
by the operation itself or the vehicles of customers or employees.
[b]
The proximity of the use to adjacent
residential structures.
[c]
The methods proposed by the applicant
to mitigate the adverse effects of noise, litter, lighting and traffic
upon the residential area.
(b)
The Board may also require from the applicant
business-specific or industry data to support the need for extended
hours of operation. A conditional use permit for extended hours of
operation shall not be granted unless the Planning Board finds that
the operation itself and/or mitigation measures proposed by applicant
or imposed by the Board will effectively control negative impacts
on residential properties.
(4)
Noise-generating equipment. All air-handling equipment or other noise-generating equipment shall be located a minimum of 10 feet from any property line adjoining 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 enjoyment of adjacent residential property. All new or expanded permitted and conditional uses are also prohibited from creating any unreasonably loud, disturbing and unnecessary noise as described in Chapter 102, § 102-3, of the Town Code.
(5)
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 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 with any architectural guidelines developed
for the Town's commercial areas. Any such guidelines would be located
in Appendix Part 5.
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.
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. Any such guidelines would be located in Appendix Part 5.
See the supplementary regulations in § 207-14.1, of these regulations.
