Bayville City Zoning Code
ARTICLE X
Business District
§ 80-45 Use regulations.
[Amended 5-29-1985 by L.L. No. 9-1985; 3-23-1987 by L.L. No. 3-1987; 5-20-2010 by L.L. No. 1-2010]
A.
Permitted uses. In the Business District, a building or structure may be erected, altered or used, and a lot or premises may be used, only for one or more of the purposes set forth below, and for no other:
(2)
Banks, offices, post offices or art or photography studies;
(3)
Restaurants, tea rooms and lunch counters;
(4)
Wholesale sample rooms;
(5)
Firehouses;
(6)
Wholesale or retail stores for the sale of personal property; provided, however, that no wholesale or retail store permitted hereunder shall be allowed to sell, during any of the hours between 10:00 p.m. on one day and 6:00 a.m. on the immediately following day, food or beverages for consumption on or off premises;
(7)
Shops for custom work or for the making or storage of articles to be sold on the premises; plumbing shops; tinsmith shops;
(8)
Theaters and storage rooms;
(9)
Printing offices;
(10)
Shoe repair shops, boot black, hat-cleaning shops and launderettes;
(11)
Any retail store or station where goods are sold or services rendered only to the retail trade, and where nothing is fabricated or manufactured; provided, however, that no wholesale or retail store permitted hereunder shall be allowed to sell, during any of the hours between 10:00 p.m. on one day and 6:00 a.m. on the immediately following day, food or beverages for consumption on or off premises;
(12)
Dry-cleaning establishments;
(13)
The following uses shall be permitted in the Business District only upon issuance of a special permit therefor by the Board of Trustees, after a public hearing thereon, notice of which shall be provided to adjacent property owners by the applicant for such permit, and published and posted in accordance with applicable law:
(a)
Building trades;
(b)
Mortuary;
(c)
Marine basin, shipyard or marine railway;
(d)
Auto body repair shop;
(e)
A retail store selling, during any of the hours between 10:00 p.m. on one day and 6:00 a.m. on the immediately following day, food or beverages for consumption on or off the premises.[1]
[1]
Editor’s Note: Former Subsection A(14) of the 1981 Code, regarding seaside inns, which immediately followed, was repealed 11-26-2018 by L.L. No. 2-2018.
§ 80-46 Area, bulk and parking requirements.
[Amended 4-28-2025 by L.L. No. 1-2025]
A.
Plot and building area. No building shall be hereafter erected on a business district plot which does not conform to the same minimum requirements as to size of plot and building area as in the residential district nearest thereto.
B.
Height regulations. No building or part thereof shall be erected or altered so as to be higher than two stories above the curb level of the street.
C.
Minimum ground floor area. All buildings shall have a minimum ground floor area of at least 600 square feet, measured as of the outside of the walls.
D.
Off-street parking. Off-street parking facilities in a business district shall be provided as follows:
(1)
For any floor area designed and open to, or used by, the public, one parking space for every 200 square feet of such floor area.
(2)
For permitted dwelling units, one parking space per dwelling unit.
(3)
Parking areas shall be graded, surfaced, drained and suitably maintained to the satisfaction of the Building Inspector to the extent necessary to avoid nuisance of dust, erosion or excessive waterflow across public ways or adjacent lands. The Building Inspector may require the plan to provide for suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits. The owner or lessee of the business property shall maintain the parking area in a clean and orderly condition, including the clearing or removal of snow when necessary.
§ 80-47 Setback line; yard requirements.
[Amended 5-20-2010 by L.L. No. 1-2010]
A.
B.
Side yard. No side yard shall be required for any interior lots within the Business District, or with respect to the portion of any lot that lies between any wall of a building and an abutting interior property line; provided, however, that if any building or structure in the Business District is constructed with a side yard setback, such side yard setback shall be not less than three feet in depth.
C.
Each lot with a building shall have a rear yard. The depth of each rear yard shall be at least 20 feet. No building, accessory building or structure shall be located in any rear yard.
D.
Each rear or side yard of a premises located within the Business District shall contain, along each property line that abuts any residential district of the Village, and for the entire length thereof, a buffer comprised of fencing, evergreen plantings, or other materials, or combinations thereof, as the Architectural Review Board shall deem appropriate in order to provide to the extent reasonable an opaque buffer shielding such abutting residential properties from such premises in the Business District.
§ 80-48 Projections.
Nothing in this chapter shall prevent the erection, above the height limit, of a parapet wall or cornice extending above such height limit by not more than three feet. Nothing in this chapter shall prevent the projection of a cornice beyond the street wall to an extent of not more than three feet.
§ 80-49 Residential buildings and apartments.
[Amended 3-23-2009 by L.L. No. 1-2009; 5-20-2010 by L.L. No. 1-2010; 4-28-2025 by L.L. No. 1-2025]
A.
Except to the extent expressly permitted in Subsection B below, residential buildings are prohibited in the Business District.
B.
Residential apartments shall be permitted in the Business District, only in buildings containing businesses permitted either as of right or pursuant to special permits issued by the Board of Trustees, and only on the second story of any such buildings.
§ 80-50 Meeting line of adjacent districts.
Where streets or avenues which are zoned for business intersect with streets or avenues zoned for residential purposes, the depth of the business zone is to be limited to 100 feet, except on streets and avenues where a business already exists to a greater depth.