Amityville City Zoning Code
ARTICLE VIII
Business Districts
§ 183-80 Applicability.
In a Business District, the regulations in this article shall apply.
§ 183-81 Uses permitted in B-1 Retail Business District.
In a B-1 Retail Business District, a building may be erected, altered or used and a lot or premises may be used for any of the following purposes and no other:
A.
No building or premises shall be used, and no building or part of building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:
(1)
One-family detached dwellings.
(2)
Churches or similar places of worship, parish houses and convents.
(3)
Public libraries, public schools, public parks, public playgrounds or recreation areas and municipal uses.
(4)
Stores for the sale of goods at retail or for the performance of customary personal services or services clearly incidental to retail sales, but no processing or fabrication or manufacturing except as is incidental to and in the same premises with such retail sales, provided that such incidental processing, fabrication or manufacturing is conducted entirely within a building and does not occupy more than 20% of the floor area used for business purposes.
(5)
Business, professional or banking offices, theaters, utility offices, funeral homes and similar community service buildings.
(6)
Retail bakeries, confectionery stores, restaurants, cafes, ice cream stores or other places preparing and serving food or beverages; however, no such business shall be operated in whole or in part as a fast-food establishment, as defined in § 183-1 of this Code, except as otherwise provided herein.
(7)
Fast-food establishments, as defined in § 183-1 of this Code, provided that a special exception from the Zoning Board of Appeals is first obtained and subject to reasonable conditions and safeguards imposed by such Board, except that no such establishment shall be permitted along any two-lane street, road, route, avenue, highway or public way.
(9)
Other uses which, in the opinion of the Zoning Board of Appeals, are of the same general character as any of the uses hereinbefore specifically permitted and which are authorized by such Board as a special exception. However, the prohibited uses set forth in § 183-93 of this Code are prohibited throughout the Village and shall not be authorized by the Zoning Board of Appeals as a special exception.
B.
No outside storage of materials or articles of any nature shall be permitted in the B-1 Retail Business District unless such storage is approved by the Zoning Board of Appeals as a special exception.
§ 183-82 Uses permitted in B-2 General Business District.
In a B-2 Retail General Business District, a building may be erected, altered or used and a lot or premises may be used for any of the following purposes and no other.
A.
No building or premises shall be used, and no building or part of building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purposes, except the following:
(1)
One-family detached dwellings.
(2)
Churches or similar places of worship, parish houses and convents.
(3)
Public libraries, public schools, public parks, public playgrounds or recreation areas and municipal uses.
(4)
Stores for the sale of goods at retail or for the performance of customary personal services or services clearly incidental to retail sales, but no processing or fabrication or manufacturing except as is incidental to and in the same premises with such retail sales, provided that such incidental processing, fabrication or manufacturing is conducted entirely within a building and does not occupy more than 20% of the floor area used for business purposes.
(5)
Business, professional or banking offices, theaters, utility offices, funeral homes and similar community service buildings.
(6)
Retail bakeries, confectionery stores, restaurants, cafes, ice cream stores or other places preparing and servicing food or beverages; however, no such business shall be operated in whole or in part as a fast-food establishment, as defined in § 183-1 of this Code, except as otherwise provided herein.
(7)
Fast-food establishments, as defined in § 183-1 of this Code, provided that a special exception from the Zoning Board of Appeals is first obtained and subject to reasonable conditions and safeguards imposed by such Board, except that no such establishment shall be permitted along any two-lane street, road, route, avenue, highway or public way.
(8)
Billiard or pool parlors, bowling alleys, health and fitness facilities, or other indoor recreation uses.
(9)
Clubs, fraternity houses or lodges and private schools.
[Amended 7-11-2022 by L.L. No. 5-2022]
(11)
Any customary uses incidental to a permitted use, provided that a second detached dwelling on a lot and boat storage racks shall not be considered incidental uses and shall not be permitted.
(12)
Other uses which, in the opinion of the Zoning Board of Appeals, are of the same general character as any of the uses hereinbefore specifically permitted and which are authorized by such Board as a special exception, provided that motor vehicle sales, service or repair and the uses prohibited in § 183-93 of the Code shall not be authorized as special exceptions.
§ 183-83 Uses permitted in B-3 Marine Business District.
In a B-3 Marine Business District, a building may be erected, altered or used and a lot or premises may be used for any of the following purposes and no other:
A.
No building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:
§ 183-83.1 Boat storage racks; dry-dock storage marinas.
A.
A boat storage rack shall be situated and designed so as to have minimal detrimental impact on adjacent and surrounding properties zoned or used for residential purposes. The location and orientation of a boat storage rack shall be approved by the Planning Board following its review as provided in § 183-85 of this Code. The Planning Board shall give consideration to minimizing the loss of the view of the water from any existing residence within 500 feet of the proposed boat storage rack and shall also seek to minimize the visual impact created by the boat storage rack as viewed from the public streets and waterways abutting the subject premises.
B.
No boat storage rack shall be higher than 16 feet, nor shall any boat storage rack be designed to allow more than three levels of storage of boats on it, including ground level.
C.
No boat storage rack shall be situated closer than 20 feet to any property line, nor shall any boat storage rack be situated closer than 30 feet to any paved street or bulkhead.
D.
Before a building permit for a boat storage rack shall be issued, a planted buffer zone, 10 feet in depth, shall be established along any lot line that abuts property zoned or used for residential purposes. Said buffer zone shall consist of such permanent high-growing evergreen and flowering woody plants and low- to moderate-level vegetation as the Planning Board shall direct.
E.
No watercraft shall be placed on or taken off a boat storage rack prior to 8:00 a.m. nor after sunset.
§ 183-84 Prohibited uses in all business districts.
In all business districts, no building may be erected, altered or used, and no lot or premises may be used for any trade, industry or business that is noxious or offensive by reason of odor, dust, smoke, gas, vibration or noise. No internal combustion engine shall be used unless objectionable noise and vibration are eliminated and the engine is equipped and supplied with an effective muffler or silencer.
§ 183-84.1 Security gates prohibited; phaseout.
A.
No security gate, as defined in § 183-1 of this Code, shall be installed on any building within the Village after the effective date of this section.
B.
Any security gate installed in accordance with the Code prior to the effective date of this section shall be removed on or before five years from said effective date.
C.
Any security gate which was not installed in accordance with the Code prior to the effective date of this section shall be removed immediately.
§ 183-85 Review and approval of construction.
In order to prevent the inappropriate use of property, which would tend to depreciate values or cause neighborhood deterioration, all exterior construction in business zones requiring a building permit shall be approved by the Planning Board prior to the issuance of the building permit.
§ 183-86 Height of buildings and structures.
In a business district, no building or structure shall exceed three stories or 35 feet in height.
§ 183-87 Percentage of lot coverage.
The area occupied by the buildings and structures, including boat storage racks, on any plot in a business district shall not exceed 60% of the lot area.
§ 183-88 Compliance of one- and two-family dwellings with other provisions.
Any one- or two-family dwelling in a business district shall comply with the building area, size of building and lot area and lot width requirements which apply in a B Residence District for the same type dwelling.
§ 183-89 Compliance of mixed-use dwellings with other provisions.
Any mixed-use dwelling in a business district shall comply with the building area, size of building, lot area and lot width requirements for such dwelling in the PM Professional Mixed-Use District. Such dwelling shall comply in all other respects with the requirements of a structure erected for business purposes, including among other things the manner and type of construction.
§ 183-90 Size of dwelling.
In a business district:
A.
No one-story dwelling shall contain less than 750 square feet of habitable floor space.
B.
No one-and-one-half-story dwelling shall contain less than 1,000 square feet of habitable floor space.
C.
No two-story dwelling shall contain less than 1,150 square feet of habitable floor space.
D.
No dwelling shall be less than 24 feet in width, exclusive of porches and bay windows.
§ 183-91 Front yards of dwellings.
In the case of dwellings in a business district, the required front yard depth shall be the same as the average yard depth of the existing buildings within 200 feet on each side of the lot on the same side of the street, but no front yard shall be required to have a depth greater than 40 feet. Where the foregoing does not control, the minimum depth shall be 25 feet back from the street line.
§ 183-91.1 Buffer strips.
Wherever a parcel zoned B-1 Retail Business District, B-2 General Business District or B-3 Marine Business District shall abut upon any parcel that is residentially developed or residentially zoned, there shall be a buffer strip 10 feet wide erected, planted and thereafter maintained on the business parcel pursuant to Planning Board requirements unless the Planning Board or other provisions of this Code shall require a greater or larger buffer strip. No trees, bushes, or other plantings shall be removed, or trimmed in such a way as to reduce the screening effect of the buffer strip, other than ordinary maintenance. Dead plantings shall be replaced by the same or similar trees or bushes.