[Amended 7-15-1992 by L.L. No. 6-1992; 8-4-1993 by L.L. No. 5-1993; 4-19-1995 by L.L. No. 2-1995]
In the Business District the following regulations shall apply.
No building shall be erected, altered or used and no lot or premises shall be used except for one or more of the following purposes:
Stores and shops for conducting any of the following retail and service businesses:
Conversion of existing second-story and third-story residential apartments for office use in buildings where the first story was in use as retail stores at the effective date of this chapter.
Any manufacturing, fabricating, treating, converting, finishing, altering or assembling in connection with the aforesaid permitted uses and which is a necessary incident and accessory to the preparation of articles to be sold, primarily at retail, on the premises or to the performing of a service on the premises.
A building may be erected, altered or used and a lot or premises may be used for any of the purposes set forth in this section when and if authorized by the Board of Trustees pursuant to the provisions of Article XVIII, § 225-134, and for no other:
Food and drink sales and service businesses, including but not limited to as follows:
A college or professional school or a private school (e.g., dance studio).
Newspaper office, printing and/or reproduction shop.
Television, radio and electronic repair shop.
Dry cleaner, hand laundry, coin-operated laundry.
A philanthropic or eleemosynary use or institution.
On-site parking of motor vehicles:
No permitted or conditional use may provide on-site parking as an accessory use without obtaining a conditional use permit from the Board of Trustees.
No on-site parking plan previously approved by the Board of Trustees may be modified without obtaining a conditional use permit from the Board of Trustees.
Bank or financial institution, including drive-in banking facilities.
Any shop or store, not specifically listed in § 225-62A hereof, which provides retail services to consumers, which sells merchandise to consumers at retail or which repairs merchandise for consumers at retail.
Medical uses, provided that, in addition to satisfying the standards set forth in § 225-134 of Article XVIII of this Code, the applicant for such use must also meet the following criteria:
[Added 6-18-2003 by L.L. No. 3-2003]
The Board must determine that adequate provision has been made for the safe storage of all medical waste;
The Board must determine that any necessary medical equipment, considering, among other things, its size, weights, emissions and operations, can be safely utilized at the proposed location;
The Board must determine that the patients of the proposed medical use, by reason of their special needs, will be able to safely disembark, park and gain access to the premises; and
The Board must determine that the patients of the proposed medical use, by reason of their number, as well as their needs in terms of drop-off, access and parking, can be adequately accommodated at the proposed location without having a harmful effect on the surrounding neighborhood.
Residential apartments, subject to the following criteria:
[Added 6-1-2011 by L.L. No. 1-2011]
No residential apartment shall be located on or below the street-level floor of any building;
No residential apartment shall be permitted in a building where there is a commercial or business use on any floor above the residential apartment;
No commercial or business use shall be permitted in a building on a floor higher than that which contains a residential apartment;
The minimum floor area for any such residential apartment shall be 500 square feet for a studio apartment; 750 square feet for a one-bedroom apartment; 1,000 square feet for a two-bedroom apartment; and 1,250 square feet for a three-bedroom apartment;
No three-bedroom apartments shall be allowed in any mixed-use building except in those areas of such a building where, prior to the effective date of this subsection, a three-bedroom apartment had either been issued a certificate of occupancy or was a preexisting legal nonconforming use;
All such residential apartments must comply with the housing maintenance provisions set forth in Chapter 124 of the Village Code (Housing Maintenance Standards) and the New York State Building Code as well as all applicable construction and code standards mandated by the State of New York and other governmental entities;
The building containing such residential apartments must comply with design criteria approved by the Village Board of Trustees, including those set forth below in § 225-63A(16)(m);
The Village Board of Trustees must make an affirmative determination that, notwithstanding the mixed-used nature of the building containing the residential apartments, it is feasible to establish and impose suitable and necessary conditions for garbage pickup, security services, fire egress, emergency access, light, maintenance services, superintendent availability and other similar matters affecting the safety and quality of life of the occupants of the residential apartments, and shall establish and impose such conditions in connection with approving any permit;
The Village Board of Trustees must make an affirmative determination that, in connection with constructing those portions of a mixed-use building that will contain residential apartments, it is feasible to establish and impose suitable and necessary conditions (including setbacks) that will protect and safeguard the existing fire egress, light, window views and accessibility of emergency services of neighboring structures, and shall establish and impose such conditions in connection with approving any permit;
Required on-site parking in mixed use building.
[Amended 5-1-2013 by L.L. No. 2-2013]
If prior to the application for a conditional use permit authorizing residential apartments in a mixed-use building under this section, there had been a waiver or reduction of the number of on-site parking spaces required by reason of the nonresidential units in said building, pursuant to § 225-88 of the Village Code, then the Board of Trustees may determine to continue said reduction or waiver of requisite on-site spaces (up to the number previously reduced or waived) if the conditions of Village Code § 225-88 have been satisfied.
Notwithstanding Subsection A(16)(j) above, the required number of on-site parking spaces in a mixed-use building shall not be less than the number of on-site parking spaces required by the residential units in the mixed-use building calculated in accordance with §§ 225-85 and 225-86 of the Village Code, except that, if the residential apartments to be conditionally approved are not located in a building with respect to which the Board of Trustees has authorized an increase in maximum allowable height pursuant to Village Code § 225-66A(3), then the minimum number of on-site parking spaces which must be provided shall be reduced by five.
In mixed-use buildings proposed to contain no more than six residential units, in lieu of providing the number of on-site parking spaces otherwise required by this section, a sum equal to $25,000 multiplied by the number of parking spaces otherwise required to be provided by this section may be paid into a dedicated parking fund to be established by the Village for the purpose of increasing and enhancing the future availability of public parking spaces within the Village.
The building containing the residential apartment must comply with the affordable housing requirements of the Long Island Workforce Housing Act, i.e., § 699 et seq. of New York General Municipal Law; and
The residential apartment is not to be used as a dormitory or for transient occupancy.
In granting conditional use permits under this section of the Village Code for residential apartments in mixed-use buildings, the Village seeks to encourage applications which contain site and facade designs that will promote the development of the Village as a quality community, a sustainable community, a transit-oriented community and a more walkable "smart growth" community. It therefore promulgates the following standards which shall serve as guidelines for review by the Board of Trustees of applications for conditional use permits under § 225-63A(16) and which will facilitate achievement of the Village's goals.
[Added 6-1-2011 by L.L. No. 1-2011]
Continuation of historic features. The Village seeks to promote the preservation of aesthetic characteristics present in the historic buildings within the Village in order to enhance the Village's history, culture and urban environment, including the following features which are prevalent in buildings still existing from the rapid growth of the Village in the years immediately before and after its incorporation in 1930:
Bulk and form. The Village seeks to reduce the massing and bulk appearance of buildings. To accomplish this goal:
Facades longer than 40 feet shall be broken down into smaller units through the use of offsets, recesses, staggered walls, stepped walls, pitched or stepped rooflines, overhangs and other elements of building's mass. Simply changing materials or color is not sufficient to accomplish this.
Articulation shall be provided along facades visible from streets, as well as from any abutting residential areas.
Buildings should convey a visually distinct "base," or first floor, and "top." A sense of base can be produced by a different masonry pattern or use of materials, more architectural detail, a visible "plinth" above which the wall rises, storefront, canopies or a combination.
Building materials. The Village seeks designs which provide an attractive visual connection between activities inside and outside the building. To accomplish this:
A minimum of 15% of any new or reconstructed first-floor facade that is visible from any abutting street shall be comprised of clear, vision non-reflecting glass allowing views into the interior.
A maximum of 30% of the building facade shall be comprised of Exterior Insulation and Finishing System (EIFS), i.e., a type of building exterior wall cladding system that provides exterior walls with an insulated finished surface and waterproofing in an integrated composite material system.
Preferred materials for facade treatment are brick, stone and other natural materials.
Business which provides massage services of any kind, in whole or in part, subject to the conditions listed below. As used herein, "massage services" shall mean the stroking, kneading, tapping, or other manipulation of a person's body, flesh or muscular structure by use of hands, vibrator or other devices for therapeutic, rehabilitative or relaxation purposes.
[Added 6-20-2012 by L.L. No. 2-2012]
All massages provided on the premises shall be therapeutic and health related. No massages shall be provided on the premises which are unlawful, illicit or sexually oriented, nor shall any advertisements for the premises suggest that such services are provided (including but not limited to print advertisement and Internet advertisement).
No massage services shall be provided on the premises to persons under the age of 18 unless the parent or guardian of said minor is physically present on the premises when such services are provided or has authorized the provision of such services in writing.
All persons providing massage services at the premises shall obtain, and shall maintain in effect thereafter, all licenses and permits required by governmental authorities for the legal provision of the massage services to be provided on the premises. The names and addresses of all persons who are providing massage services on the premises shall be provided to the Village's representatives.
All persons providing massage services at the premises shall obtain and keep a current photo identification document from the New York State Department of Education ("DOE") or from the New York State Department of State ("DOS") establishing that said person is licensed to provide massage services, provided that DOS and/or DOE makes such photo identification documents available to eligible persons.
An up-to-date New York State license, registration and photo I.D. shall be posted in a prominent location within the premises establishing that all persons providing massage services at the premises are properly licensed and registered. This requirement shall not apply to the extent that a provision of state law (such as Article 155 of the New York State Education Law) exempts a person who provides massage services from the requirement to be licensed and/or registered, and to the extent that DOE or DOS does not provide photo identification documents. Upon request by either a customer or a representative of the Village, the original of such documents shall be produced for inspection.
The permit holder shall provide Village representatives and/or the police access to the premises in order to allow them to ascertain which persons are providing massage services on the premises and to confirm whether such persons are in fact properly licensed and/or registered.
The place of business shall not be conducted in a disorderly manner or in a manner that constitutes a public nuisance.
No alcoholic beverages shall be sold or consumed on any premises where massage services are provided.
Absent good cause shown, the premises where such services are provided shall close no later than 9:00 p.m.
The owner of the building where the business is proposed to be located must be a co-applicant on the permit application.
Within five days after receipt of same, the operator of such business shall provide to the Village copies of any summonses or violations issued with respect to the operation of the business on the premises.
The permit may be subject to revocation after written notice and hearing if, subsequent to the issuance of the permit, any person providing massage services on the premises has been criminally convicted of a charge involving prostitution or illegal drug use or the unauthorized or unlicensed provision of massage services.
Nothing contained herein shall be construed to give any right or presumption of right to a conditional use permit to any applicant. Such a conditional use permit shall not be issued unless the Board of Trustees has made a determination that such a permit is authorized and warranted under the standards of § 225-134 of Article XVIII.
A building or land in the Business District may be used for any accessory use. No accessory use shall be erected within five feet of any side or rear line or nearer than 50 feet from any street line.
All uses not specifically permitted by § 225-62A hereof or conditionally permitted by § 225-63 hereof are prohibited, including, but not limited to:
Open-front shops or stores.
Drive-in establishments other than banks.
The outdoor display, sale or storage of merchandise, including vending machines and other similar coin-operated devices which automatically deliver goods or render services.
Any business whose primary purpose is to serve and/or sell foods for immediate consumption, which foods will be taken off the premises and consumed on the streets of the Village.
Facilities primarily used for pinball machines, jukeboxes, coin-operated games or any combination thereof.
Offtrack betting facilities or any other facilities that are used primarily for the receipt of bets on horse races or other events.
Facilities which provide tanning services through the use of ultraviolet-radiation-emitting devices of any kind and which have not been authorized to operate within the Village prior to the effective date of this subsection.
[Added 10-21-2009 by L.L. No. 3-2009]
On-site smoking businesses. For purposes of this subsection:
[Added 2-4-2015 by L.L. No. 1-2015]
"On-site smoking business" means a business which derives any gross revenues from on-site smoking activities.
"Smoking" means the burning or vaporizing of any matter or substance, including but not limited to tobacco, liquid nicotine, herbs, fruits, spices, shisha and narghile that is smoked or intended to be smoked in any of the methods that tobacco is smoked, including but not limited to cigarette, cigar, e-cigarette, pipe filler, hookah, bong or waterpipe.
"Smoking-related products" mean any products or devices used to facilitate smoking activities, including but not limited to tobacco, pipes, waterpipes, hookahs, bongs, e-cigarettes, rolling paper, or similar products, and, when specifically intended to be used in conjunction with other smoking-related products, herbs, fruits, liquid nicotine, spices, shisha and narghile.
Maximum height; conditional use permit.
[Amended 6-1-2011 by L.L. No. 1-2011]
In connection with issuing a conditional use permit for a mixed-use residential building pursuant § 225-63A(16), the Board of Trustees may authorize the building containing such residential use to have a height greater than 25 feet, or more than two stories, provided that:
No such mixed-use building shall exceed 35 feet in height, or three stories, unless it contains setbacks such that the total gross floor area of the building shall not be greater than three times the gross floor area of the first floor of the building legally existing as of the effective date of this subsection;
In any mixed-use building which exceeds 40 feet in height, those portions of the building above 40 feet shall not be used as part of any residential space but shall be used only for architectural features such as parapets and roof;
In determining whether to authorize a mixed-use building to exceed the height limitations set forth in Subsection A(1) above, the Board of Trustees shall require the applicant to submit a bulk analysis of all structures within 100 feet of the proposed mixed-use building, as well as studies demonstrating the effect of the additional height on such structures;
In connection with authorizing such additional height, the Board of Trustees shall impose such conditions as it finds necessary and appropriate in order to achieve conformity with the design and architecture of the existing building and of neighboring structures;
If the Board of Trustees authorizes such additional height, it shall impose such conditions as are necessary to minimize the adverse effects of the additional height in terms of noise, shadow and other potential impacts on neighboring properties, and shall also impose such conditions (including setbacks) as shall be necessary to preserve and safeguard the existing fire egress, light, window views and emergency accessibility of neighboring structures; and
In exchange for the authorization of this additional height, the building containing such residential apartments must be physically upgraded for the benefit of its other tenants, and the owner of the building must provide either a public amenity which benefits the community (such as green space or affordable housing units or public art) having a value equal to at least 2% of the public project cost or, in lieu thereof, a financial contribution in such amount shall be made to a dedicated Village fund to be used for the future improvement and maintenance of the Village's parks and trees and/or to its infrastructure and/or to its public amenities.
On lots which exceed 200,000 square feet in area, encroachments above the twenty-five-foot height limit may be permitted by the Board of Trustees up to an absolute maximum height of 65 feet measured from the ground to the highest point of the encroaching structure, for the purpose of constructing a decorative framework of open metal, and up to a maximum height of 35 feet, for the purpose of constructing a decorative open pavilion, as otherwise permitted by § 225-68B. No encroachment may be approved under this section if used for other than decorative purposes. Any decorative encroachment approved under this section shall not be included for the purpose of computing permissible floor area ratios or lot coverage under other provisions of this chapter. The Board of Trustees may permit such encroachments by resolution upon such terms as it deems suitable after consideration of the size of the lot, the location of the lot, the size of the building, the nature of the building, the design of the structure, the character of the surrounding neighborhood and the character and design of surrounding property and buildings.
There shall be a front yard equal in depth to 25% of the width of the property measured at the front property line but in no event shall such front yard be required to exceed 25 feet in depth. The Board of Trustees shall have the power by resolution to reduce or eliminate the front yard requirements upon such terms as it deems suitable based upon the nature of the plot and building and/or the character and design of surrounding uses and buildings.
On lots which exceed 200,000 square feet in area, encroachments into the front yard may be permitted by the Board of Trustees for the purpose of constructing a decorative open pavilion, provided that such encroachment does not exceed a maximum height of 35 feet and does not exceed 400 square feet in area. No encroachment may be approved under this section if used for other than decorative purposes. Any decorative encroachment approved under this section shall not be included for the purpose of computing permissible floor area ratios or lot coverage under other provisions of this chapter. The Board of Trustees may permit such encroachments by resolution upon such terms as it deems suitable after consideration of the size of the lot, the location of the lot, the size of the building, the nature of the building, the design of the structure, the character of the surrounding neighborhood and the character and design of surrounding property and buildings.
There shall be a rear yard, the depth of which shall be not less than 10 feet.
No side yards shall be required, but if one or more is provided, then each shall be not less than five feet in width.