Resize:

Village of Stewart Manor, NY
Tuesday, October 15, 2019

Chapter 200. Zoning

Article IV. Use Regulations

§ 200-23. Permitted uses in Business District; restrictions.

[Amended 4-6-2009 by L.L. No. 1-2009]
A. 
In the Business District, no building, lot or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses:
(1) 
Stores for conducting any of the following retail sales: gifts, clothing, dry goods, shoes, hardware, florist, pharmaceuticals, jewelry, antiques, newspapers and magazines, tobacco, liquor, furniture, home appliances, art and art supplies, decorator goods, paints, stationery, books, furs, toys, floor coverings and rugs, electronics, optical goods.
(2) 
Shops for conducting any of the following personal services: barbershop, beauty salon, nail salon, shoe repair, custom tailoring, dressmaking and millinery, retail laundry, dry cleaning, travel agency, real estate office, retail printing.
B. 
In the Business District, a building may be erected, altered or used for any purpose set forth in this subsection but only when authorized by the Board of Trustees as a special use after a public hearing:
(1) 
General business office.
(2) 
Medical office.
(3) 
Retail store which prepares, stores or sells food.
(4) 
Restaurant, coffee shop, tavern, bar and grill.
(5) 
Banks and financial institutions.
(6) 
Government or municipal buildings.
(7) 
Houses of worship.
(8) 
Educational institutions.
(9) 
Places of public assembly.
C. 
Any use not enumerated in Subsections A and B above shall be prohibited.
D. 
Adult uses.
(1) 
Notwithstanding any provision to the contrary contained in this section, the following adult uses shall be prohibited within the Business District:
(a) 
Adult bookstore. For purposes of this subsection, an adult bookstore shall be defined as an establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
(b) 
Adult entertainment cabaret. For purposes of this subsection, an adult entertainment cabaret shall be defined as a public or private establishment which presents topless dancers, bottomless dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainments, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
(c) 
Adult novelty store. For purposes of this subsection, an adult novelty store shall be defined as an establishment having as a substantial or significant portion of its stock-in-trade adult novelties or materials as such are defined in § 235.00, Subdivision 2, of the Penal Law of the State of New York, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
(d) 
Body-piercing salon. For purposes of this subsection, a body-piercing salon shall be defined as an establishment which performs piercing activities upon body parts and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
(e) 
Head shop. For purposes of this subsection, a head shop shall be defined as an establishment having as a substantial or significant portion of its stock-in-trade drug paraphernalia or accouterments, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
(f) 
Massage establishment. For purposes of this subsection, a massage establishment shall be defined as any establishment having a fixed place of business where massages are administered for pay, including, but not limited to, massage parlors, sauna baths and steam baths. This definition shall not include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
(g) 
Peep shows. For purposes of this subsection, a peep show shall be defined as a theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes minors by reason of age.
(h) 
Tattoo parlor. For purposes of this subsection, a tattoo parlor shall be defined as an establishment which performs tattoo activities and which is not open to the public generally but excludes minors by reason of age.
(i) 
Hookah bar. Any facility or location whose business operation, whether as its primary use or as an ancillary use, includes the smoking of tobacco or other substances through one or more hookah pipes (also commonly referred to as a "hookah," "waterpipe," "shisha" or "narghile"), including, but not limited to, establishments known variously as "hookah bars," "hookah lounges" or "hookah cafes."
[Added 9-5-2017 by L.L. No. 4-2017]
(j) 
Vape shop. Any facility or location whose business operation, whether as its primary use or as an ancillary use, includes the smoking or selling of electronic cigarettes, vapors, e-liquids, otherwise legal marijuana derivatives, or other substances that are smoked through an electronic cigarette or any similar product.
[Added 9-5-2017 by L.L. No. 4-2017]
(2) 
The above list of adult uses is not intended to be an exhaustive list of adult uses sought to be regulated by this section. If, upon review of a building application, the Superintendent of Buildings determines that the application is for the establishment of an adult use, the provisions of this section shall apply to same.
E. 
No business shall be conducted in the basement of any establishment in the Business District except for safe deposit storage in a bank. Basements may be used for storage of materials and goods.
F. 
No business shall be conducted outside of a building or through an opening from the inside to the outside of the building.
G. 
No building in the Business District shall be erected unless it has a floor area of at least 1,200 square feet.