In addition to the requirements of § 175-11 of this chapter, the site plan for all construction in B Districts shall comply with the following additional requirements:
A.
Each unattached principal business building or structure shall have a defined site area. The minimum site area for each unattached principal business building or structure shall be that area as required by §§ 175-41, 175-42 and 175-43 which includes the following:
B.
In addition to vehicular loading and parking requirements,
each individual unattached principal building site shall have a perimeter
buffer zone of 7 1/2 feet in width. All perimeter buffer zones
shall be landscaped, shall have decorative plantings and shall be
constructed to prevent the cross flow of vehicular traffic at other
than designated locations. Unattached principal building sites that
are contiguous with lot lines shall conform to the setback and buffer
zone requirements as specified elsewhere in the chapter.
C.
Vehicular ingress and egress from each unattached
principal business site shall be limited to designated locations.
Vehicular entrances and exits shall be located to:
(1)
Minimize the total number of curb cuts from the lot
to the public right-of-way.
(2)
Minimize vehicular headlight glare onto neighboring
properties.
(3)
Develop a designated internal vehicular traffic flow
pattern between all principal businesses on the lot and, when applicable,
between neighboring building lots for both customer and emergency
vehicles.
D.
When applicable, designated pedestrian traffic routes
shall be constructed between all principal business sites on the lot
and between neighboring building lots. Pedestrian traffic routes may
be located on the perimeter buffer zones and shall be constructed
from concrete or other suitable materials.
E.
Night illumination. Where any operation between the
hours of 1/2 hour after sunset and 1/2 hour before sunrise requires
night illumination, said exterior illumination shall be localized
and unobtrusive. In cases where property owners propose the use of
exterior illumination, said illumination shall not create a nuisance
to neighboring property owners. Any existing exterior illumination
which is in violation of this subsection shall be immediately brought
into compliance through the use of approved shielding, decrease in
wattage or relocation.[1]
[1]
Editor's Note: Original § 175-37F,
Exterior lighting, which immediately followed this subsection, was
deleted 8-22-2006 by L.L. No. 3-2006.
[Amended 8-22-2006 by L.L. No. 3-2006; 2-9-2021 by L.L. No. 1-2021]
A.
Permitted principal uses in the Retail Business District.
(1)
All uses permitted in any residential district subject
to all the provisions specified for such residential districts.
(2)
Stores and shops for conducting of any legitimate
retail business.
(3)
Personal service shops.
(4)
Banks, offices, restaurants, bus passenger stations,
radio and television studios and transmitters and similar community
services.
(5)
Professional buildings.
(6)
Apartment houses (multiple residences) with two motor
vehicle parking spaces provided per apartment dwelling unit; with
not more than 12 apartment dwelling units per acre; and with apartment
buildings being separated from each other by a distance equal to or
exceeding the average of the heights of said apartment buildings.
(7)
Shopping centers.
B.
Permitted accessory uses located on the same lot with
permitted principal use in the Retail Business District: none.
C.
Uses permitted upon issuance of a special permit in
the Retail Business District.
(1)
Garages and filling stations, subject to the following
conditions and safeguards:
(a)
No filling stations, gas pumps or storage tanks
shall be located within 2,000 feet of an existing station.
(b)
No filling stations, gas pumps or storage tanks
shall be permitted in or within 1,000 feet of a shopping center or
plaza.
(c)
Such other conditions and safeguards as deemed
appropriate by the Planning Board.
(2)
Accessory buildings and accessory uses.
(3)
Other uses which, in the opinion of the Planning Board,
are of the same general character as those listed as permitted uses
and which will not be detrimental to the district in which they are
located.
E.
Lot and area requirements in the Retail Business District
shall be as follows:
(1)
Maximum height of structures: 36 feet.
(2)
Required frontage: 100 feet.
(3)
Required depth: 200 feet.
(5)
Building coverage: 20%.
(6)
Open area requirement. At least 30% of the total lot
area shall remain open and unused. This open area may include open
areas otherwise required in this section and may include areas for
landscaping, stormwater retention or detention, in-ground septic systems,
underground utilities, screening and fencing. The open area shall
not be paved or used for parking, storage, buildings or accessory
buildings.
(7)
Use of frontal area. Employee and customer parking
is permitted on all except a strip of land 25 feet in depth adjacent
to the public highway boundary, which strip of land shall remain vacant,
unused and clear for visibility, to be curbed, fenced or otherwise
rendered impassable to vehicles and set aside for lawn or landscaped,
with advertising signs permitted in accordance with the sign provisions
of this chapter.[2]
(8)
Landscaping. Appropriate landscaping is required in
all business districts. Any structure erected in conjunction with
a permitted business district use, the height of which is regulated
by any federal or state licensing agency or bureau, shall conform
to and be governed by the requirements of such agency or bureau.
(9)
Required parking space.
(a)
A minimum of five ten-feet-by-twenty-feet parking
spaces shall be provided for each 1,000 square feet of retail floor
space. Restaurants shall provide one ten-feet-by-twenty-feet parking
space for every two seats.
(b)
Size of spaces. Each parking space shall be
a minimum of 10 feet wide by 20 feet deep and shall be served by an
aisle not less than 24 feet wide. When parking is arranged back to
back, each parking space may share a common backup space. Entrance
and exit lanes shall not be computed as parking spaces. Each parking
space shall be identified with one painted line (white or yellow traffic
paint), four inches wide, set 10 feet apart. These lines shall extend
for 20 feet in length.
F.
Permitted uses in the Non-Retail Business District.
[Added 2-9-2021 by L.L.
No. 1-2021]
(1)
Insurance offices of independent or general agents.
(2)
Medical and dental offices and clinics, excluding overnight occupancy.
(3)
Branch banks.
(4)
Commercial schools.
(5)
Attorney offices.
(6)
Offices for other licensed professionals, such as architects, designers,
engineers, etc., excluding, however, any warehouses or storage areas.
(7)
Office parks/buildings.
(8)
Public buildings and grounds, excluding maintenance, storage or repair
facilities.
(9)
Uses accessory to the above which are an integral part of and used
solely by the permitted use and are deemed appropriate by the authorized
official.
(10)
At any time when the specific use originally permitted within
this district is to be changed so that it involves a separate, different
and district use, process or product, the Town may require application
to be made for a special use permit, at which time it may be required
that any phases of the operation which have become and/or will become
detrimental to the neighborhood be corrected prior to the Sweden Town
Planning Board issuing any special use permit.
G.
Conditional uses in the Non-Retail Business District.
[Added 2-9-2021 by L.L.
No. 1-2021]
(1)
The following uses and accessory uses shall be permitted when authorized
in accordance with the provisions of this chapter:
(a)
Drive-in bank auto tellers.
(b)
Mortuaries or funeral homes.
(c)
Nonprofit institutions for charitable, religious, cultural or
community social purposes.
(d)
Public utility substation uses, excluding power plants, maintenance
or storage faculties and uses of similar nature.
(e)
Nursery or day-care centers and nonprofit schools.
(f)
Combinations of permitted business, non-retail and single-family
residential uses.
(g)
Other legal uses, determined by the Town to be similar in nature
to those uses described in a nonresidential business, same to be compatible
with the purposes of said district and to be consistent with the Town's
Comprehensive Plan.
(h)
Upon a determination by the Town that any business or conditional
use originally permitted within a Non-Residential Business District
is to be changed so that it involves a separate, different and distinct
use, process, product or service (or involves a new operator), an
application must be made to the Board. Prior to the issuance of any
conditional use permit, the Board shall ensure that the applicant
satisfies the Town's standards and requirements. As part of this process,
the Board may require modification of any and all phases of the operation
that have become, and/or will become, detrimental to the neighborhood.
H.
Dimensional requirements in the Non-Retail Business District.
[Added 2-9-2021 by L.L.
No. 1-2021]
(1)
Lot area. The minimum lot area shall be that necessary to accommodate
the necessary structures and comply with this chapter, as well as
all other Town requirements.
(2)
Lot coverage. Structures, parking areas and roadways shall not occupy
more than a maximum of 65% of the total lot area. The remainder of
the lot shall be devoted to no less than a minimum of 35% open space
or landscape area.
(a)
Green space shall be 35%. "Green space" shall be defined as
an area of grass, trees, or other vegetation set apart for recreational
or aesthetic purposes in an otherwise urban environment.
(b)
Incorporation of green infrastructure, such as green roofs,
rain gardens, biofilters, and pervious pavement, shall be reviewed
and deemed appropriate by the Town.
(3)
Setback requirements. All setbacks shall comply with buffering requirements
set forth in the Sweden Town Code with the proviso that no structure
within the Non-Retail Business District shall be located closer than
80 feet to the front property line, 20 feet to the side property line
or 30 feet to the rear property line and/or, in the case of corner
lots, the eighty-foot minimum front setback shall be provided along
each road frontage.
(4)
Maximum building height restrictions: three stories or 40 feet, whichever
is less.
That area heretofore described and designated
as "airport commercial park" shall be subject to the following regulations:
B.
Such area is hereby designated as a plat area, and
the development of the same shall be pursuant to § 276 of
the Town Law, with the subdivision thereof to be with the approval
of the Town Planning Board under said statute. The Town Planning Board
shall be guided by the uses permitted, the facilities needed therefor
and the need for orderly development of the area in accordance with
this chapter and the general purpose thereof.
C.
No permits hereunder for use or construction in this
area shall be issued until the subdivision of all, or the respective
part thereof, has been approved by the Planning Board.
D.
Lot and area requirements shall be as follows:
(1)
Maximum height of structures: 36 feet.
(2)
Required frontage: 100 feet.
(3)
Required depth: 200 feet.
(5)
Building coverage: 20%.
(6)
Open area requirement. At least 30% of the total lot
area shall remain open and unused. This open area may include open
areas otherwise required in this section and may include areas for
landscaping, stormwater retention or detention, in-ground septic systems,
underground utilities, screening and fencing. The open area shall
not be paved or used for parking, storage, buildings or accessory
buildings.
(7)
Use of frontal area. Employee and customer parking
is permitted on all except a strip of land 25 feet in depth adjacent
to the public highway boundary, which strip of land shall remain vacant,
unused and clear for visibility, to be curbed, fenced or otherwise
rendered impassable to vehicles and set aside for lawn or landscaped,
with advertising signs permitted in accordance with the sign provisions
of this chapter.[1]
(8)
Appropriate landscaping is required in all business
districts. Any structure erected in conjunction with a permitted business
district use, the height of which is regulated by any federal or state
licensing agency or bureau, shall conform to and be governed by the
requirements of such agency or bureau.
A.
Permitted principal uses: any commercial, retail or
restaurant business or use operated in conjunction with or related
to the uses hereinafter specified and as allowed by and under special
permit, provided that such business is located on the premises for
which the special permit has been issued and provided that the business
and special permit use are under the same ownership and management,
the special permit to describe and authorize the commercial, retail
or restaurant business or use related to the permitted use.
B.
Uses permitted upon issuance of a special permit.
(1)
Swimming pool (public).
(2)
Tennis court.
(3)
Riding academy.
(4)
Golf course or driving range.
(5)
Skeet and trap.
(6)
Archery.
(7)
Marina, as regulated by § 33-c of the State
Navigation Law.
(8)
Other uses which, in the opinion of the Planning Board,
are of the same general character as those listed above and which
will not be detrimental to the district in which they are located.
D.
Lot and area requirements shall be as follows:
(1)
Maximum height of structures: 36 feet.
(2)
Required frontage: 100 feet.
(3)
Required depth: 200 feet.
(5)
Building coverage: 20%.
(6)
Open area requirement. At least 30% of the total lot
area shall remain open and unused. This open area may include open
areas otherwise required in this section and may include areas for
landscaping, stormwater retention or detention, in-ground septic systems,
underground utilities, screening and fencing. The open area shall
not be paved or used for parking, storage, buildings or accessory
buildings.
(7)
Use of frontal area. Employee and customer parking
is permitted on all except a strip of land 25 feet in depth adjacent
to the public highway boundary, which strip of land shall remain vacant,
unused and clear for visibility, to be curbed, fenced or otherwise
rendered impassable to vehicles and set aside for lawn or landscaped,
with advertising signs permitted in accordance with the sign provisions
of this chapter.[1]
(8)
Landscaping. Appropriate landscaping is required in
all business districts. Any structure erected in conjunction with
a permitted business district use, the height of which is regulated
by any federal or state licensing agency or bureau, shall conform
to and be governed by the requirements of such agency or bureau.
(9)
Required parking space.
(a)
A minimum of five ten-feet-by-twenty-feet parking
spaces shall be provided for each 1,000 square feet of retail floor
space. Restaurants shall provide one ten-feet-by-twenty-feet parking
space for every two seats.
(b)
Size of spaces. Each parking space shall be
a minimum of 10 feet wide by 20 feet deep and shall be served by an
aisle not less than 24 feet wide. When parking is arranged back to
back, each parking space may share a common backup space. Entrance
and exit lanes shall not be computed as parking spaces. Each parking
space shall be identified with one painted line (white or yellow traffic
paint), four inches wide, set 10 feet apart. These lines shall extend
for 20 feet in length.
