[Amended 9-20-1995 by L.L. No. 6-1995]
No building or premises shall be used and no
building shall be erected which is intended or designed to be used,
in whole or in part, for any trade, manufacturing or commercial use
or purpose other than one of the following uses, and any use not specifically
permitted herein is specifically prohibited:
A. Retail sales of any goods or commodities, except sales
or rentals of videos, sexually oriented publications, videos or devices
and paraphernalia for use of illegal drugs.
C. Automobile driving school.
I. Delicatessen, but only by special permit from the
Board of Trustees.
Y. Sales of prepackaged dairy and other foods on a retail
basis for off-premises consumption.
FF. Upholstery sales and repair.
GG. Dance school or dance studio.
[Added 12-1-2003 by L.L. No. 7-2003]
[Added 9-20-1995 by L.L. No. 6-1995]
No building or premises shall be used and no
building shall be erected which is intended or designed to be used,
in whole or in part, for any trade, manufacturing or commercial use
or purpose other than one of the following uses, and any use not specifically
permitted herein is specifically prohibited.
A. Retail sales of any goods or commodities, except sales
or rentals of videos, sexually-oriented publications or devices if
such sales are the principal sales product, and paraphernalia for
use of illegal drugs.
D. Automobile driving school.
K. Delicatessen, but only by special permit from the
Board of Trustees.
BB. Restaurant for consumption of food on premises without
drive-through take-out food, but only with a special permit from the
Board of Trustees.
CC. Sale of prepackaged dairy and other foods on a retail
basis for off-premises consumption.
II. Television sales and repair.
KK. Dance school or dance studio.
[Added 11-6-2006 by L.L. No. 10-2006]
[Added 9-20-1995 by L.L. No. 6-1995]
No building or premises shall be used and no
building shall be erected which is intended or designed to be used,
in whole or in part, for any trade, manufacturing or commercial use
or purpose other than one of the following uses, and any use not specifically
permitted herein is specifically prohibited.
A. Retail sales of any goods or commodities, except sales
or rentals of videos, sexually-oriented publications or devices if
such sales are the principal sales product, and paraphernalia for
use of illegal drugs.
E. Automobile driving schools.
I. Beer and soda sales, but only by special permit from
the Board of Trustees.
BB. Sale of prepackaged dairy and other foods on a retail
basis for off-premises consumption.
GG. Telephone company office.
HH. Television sales and repair.
KK. Upholstery sales and repair.
LL. Dance school or dance studio.
[Added 11-6-2006 by L.L. No. 8-2006]
[Added 9-20-1995 by L.L. No. 6-1995]
No building or premises shall be used and no
building shall be erected which is intended or designed to be used,
in whole or in part, for any trade, manufacturing or commercial use
or purpose other than one of the following uses, and any use not specifically
permitted herein is specifically prohibited.
B. All uses permitted by §
128-13.2 in the North Business District.
C. Auto body and fender, but only by special permit from
the Board of Trustees.
D. Automobile repair, but only by special permit from
the Board of Trustees.
E. Automotive detailing, but only by special permit from
the Board of Trustees.
H. Delicatessen, but only by special permit from the
Board of Trustees.
L. Garden and lawn center, but only with special permit
from the Board of Trustees.
P. Landscape business, but only with special permit from
the Board of Trustees.
T. Restaurant for consumption of food on premises without
drive-through take-out food, but only with a special permit from the
Board of Trustees.
X. Sale of prepackaged dairy and other foods on a retail
basis for off-premises consumption.
Y. Dance school or dance studio.
[Added 11-6-2006 by L.L. No. 9-2006]
[Amended 9-20-1995 by L.L. No. 6-1995]
A. A special
permit may be granted by the Board of Trustees following a public
hearing on an application for a use for which a special permit is
required by this Code. In granting any special permit, the Board of
Trustees shall have the right to impose conditions therefor and the
filing of Declaration of Covenants and Restrictions against the subject
property.
B. For any
restaurant or food establishment that serves and consumes food on
the premises, located within any Village business district, a special
permit, as defined under Village Code, shall be required for the operation
of outside dining.
[Amended 3-6-2017 by L.L.
No. 2-2017]
[Added 9-20-1995 by L.L. No. 6-1995]
Other than the mini-storage rental permitted by §
128-13.1. no storage of any type shall be allowed as a principal use in any business district in the Village of Brightwaters. Storage shall only be allowed as an accessory use to a principal use authorized by this Code. All storage shall be located within a building, except that outside storage as an accessory use may be permitted by the Planning Board of the Village of Brightwaters which shall be authorized to require screenings, setbacks and other restrictions as it deems appropriate. No explosives, flammable materials or other commodities which are noxious or offensive by reason of the emission of odor, dust, fumes, smoke or gas may be stored, except that liquid petroleum gases may be stored in accordance with the standards of the National Board of Fire Underwriters and the New York State Uniform Fire Prevention and Building Code under a permit obtained from the Code Enforcement Officer of the Village. However, no gasoline, liquid petroleum gas or oil storage in bulk above the ground in excess of 50 gallons shall be permitted.
[Added 9-20-1995 by L.L. No. 6-1995;
amended 11-5-2007 by L.L. No. 10-2007]
Any unimproved parcel in any business district
which has a road frontage of more than 50 feet in excess of the minimum
road 50 feet required shall be entitled to use the parcel for more
than one of the uses permitted under this Code for that district.
There shall be no more than one use permitted for each 50 feet of
road frontage in excess of the required 50 feet of road frontage,
and each such additional use must extend the depth of the property
from the road frontage to its rear property line. Any parcel in a
business district improved by a building shall have a minimum road
frontage of 100 feet and shall be entitled to use the building for
no more than two of the uses permitted under this Code for that district.
There shall be no more than one extra use permitted for each additional
50 feet of road frontage, unless the building is a legal two-story
building, whereupon it shall be entitled to two extra uses for each
additional 50 feet of road frontage.
[Amended 1-2-1996 by L.L. No. 2-1996]
Any use contemplated by this section shall be
conducted entirely within a building or buildings which is or are
stationary in position and permanently equipped with electricity,
heat, telephone, sanitary hookup, water and bathroom.
In any business district, business buildings
shall have a facade roof on front and side streets rising four to
six feet and with a 45° angle above the upper ceiling height or
have a peaked roof and/or a front conforming to the type of existing
buildings in the Village and shall be no more than one story high
and approved by the Board of Trustees.
[Amended 3-1-2004 by L.L. No. 8-2004]
In connection with any use as a tennis club,
if the side yard of any such use abuts a residential use, then such
side yard shall not be less than 50 feet.
[Amended 3-1-2004 by L.L. No. 9-2004; 1-7-2019 by L.L. No. 1-2019]
A. All plans for a new building, expansion of an existing building or
change of use for an existing building shall include provisions for
off-street parking in accordance with the table found in 128 Attachment
5 of this Code, annexed herewith.
B. Modifications to off-street parking requirements may be granted by
the Board of Appeals upon application and public hearing.
A. On all business property on which any building shall
hereafter be constructed, sidewalks and concrete curbing conforming
to Village specifications shall be constructed by the owner of such
property at his own cost and expense along all lines where the property
shall abut any street, and the location of all curb cuts in said curbing
shall be approved by the Code Enforcement Officer.
B. On all business property on which any building shall
hereafter be constructed, the area between the existing hard-surface
pavement of the abutting street and the concrete curbing shall be
paved by the owner of such property at his own cost and expense, with
suitable material of a similar quality and nature as the existing
roadway, and shall be so maintained by the owner.