A.
The accompanying Schedule of Use Regulations,[1] which lists and defines the use of land and buildings
and all other matters contained therein, is hereby adopted and declared
to be a part of this chapter. The regulations listed for each district
as designated are subject to all other provisions of this chapter.
[1]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
B.
It is intended that the uses set forth for each district shall not
be permitted uses in any other district unless allowed specifically
or by reference as permitted uses in said district. Only those uses
listed for each district as being permitted shall be permitted. Any
use not specifically listed as being permitted shall be deemed to
be prohibited. More than one permitted principal use is permitted
on a lot in a nonresidential district.
[Added 7-24-2017 by L.L.
No. 4-2017; amended 11-28-2017 by L.L. No. 7-2017]
The Board of Trustees may, in its discretion, designate a parcel
or parcels of land as being within the NCD in accordance with the
following provisions and in accordance with the bulk, parking and
other requirements of this chapter that apply to an NCD:
A.
Only those uses listed as being permitted or permitted by special
permit shall be allowed. Any use not specifically listed as being
permitted shall be deemed to be prohibited. However, nothing herein
shall be deemed to prohibit an applicant from petitioning the Board
of Trustees to allow a use that is not listed but is compatible with
the requirements of an NCD, or to prohibit the Board of Trustees from
adding such uses either as the result of a petition or on its own
motion. More than one permitted principal use is permitted on lots
in an NCD.
B.
The following are permitted accessory uses in the proposed NCD:[1]
(1)
Medical clinics providing services such as examination and treatment
for minor illnesses, conditions, and injuries; vaccinations; screenings;
and wellness visits; provided, however, that no such use shall constitute
more than 25% of the floor area of the building in which it is located.
(2)
Accessory drive-throughs.
(3)
Accessory off-street parking, including parking in front yards.
(4)
Accessory off-street loading berths.
(5)
Accessory storage of retail goods to be delivered or sold to
customers on the premises, provided that such storage will be within
the building in which the associated principal use is located (separate
sheds or similar structures are prohibited).
(6)
Accessory processing and servicing of goods within the principal
structure, provided that such processing and servicing is clearly
incidental to permitted principal use on the site.
(7)
For any structure for sale or rent, temporary nonilluminated
"for sale" or "for rent" signs.
C.
Additional use requirements.
(1)
No individual building may exceed 20,000 square feet.
(2)
All retail sales and service establishments and accessory storage
and servicing of goods shall be within completely enclosed buildings.
(3)
The precise location of any recycling and solid waste area shall
be approved by the Planning Board upon review of the site plan. Areas
shall only be used for the temporary storage, collection and loading
of solid waste and recyclables.
(4)
All buildings in an NCD shall be designed so as to be compatible
with the surrounding neighborhood, and the general character of the
development shall continue and promote the established character of
the community.
(5)
All parcels to which the NCD are to be applied must have frontage
and direct access on a state highway (although actual site access
may be taken from a major or collector road of the Village). For purposes
of this subsection, a parcel may include no more than two contiguous
tax lots (i) which lots, as of the effective date, must not contain
any existing residential structures; and (ii) which lots must have
the frontage herein required; provided that such multiple contiguous
tax lots shall be merged into a single tax lot as a condition of the
application of the NCD.
(6)
All parcels to be developed pursuant to this section shall provide
sidewalks in locations to be determined by the Planning Board as part
of site development plan approval.
(7)
Within any required yard setback, the Planning Board may require
landscaping, berms, and/or decorative fencing to buffer the impact
of any commercial development against existing residences.
(8)
Where more than one building is proposed, buildings shall be
separated by at least 20 feet, and no less than the distance required
by the New York State Fire Code for the building type, use and construction.
(9)
All parcels to which the NCD are to be applied must be required
to improve the entire property, including the installation or replacement
of concrete sidewalks, concrete curbs, full paving of the roads, installation
of new drainage, and gratuitous land dedications, if necessary to
accommodate future road widenings, if deemed necessary by the Board
and/or the Village Engineer.
(10)
Each application for a designation for an NCD must include a
count of stores/offices and associated placement(s) and square footage(s)
("store count"), the designation of the NCD being conditioned upon
such store count. Any change of store count will require the applicant/owner
to seek/file an application for a new designation with the Board of
Trustees.
D.
The operations of an NCD shall be subject to restrictions on hours
of operation as pursuant to any subsequent local law(s) passed by
the Board of Trustees.
The accompanying Table of Dimensional Requirements,[1] which lists the height of buildings, the size and dimension
of yards, the area and coverage of lots and other matters contained
therein, is hereby adopted and declared to be a part of this chapter.
The dimensional requirements listed for each district as designated
are subject to all other provisions of this chapter and, unless otherwise
indicated, shall be deemed to be the minimum requirement in every
instance of their application.
[1]
Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.
