Brightwaters City Zoning Code
ARTICLE V
Business Districts
§ 128-13 Permitted uses in Central Business District.
[Amended 9-20-1995 by L.L. No. 6-1995]
No building or premises shall be used and no building shall be erected which is intended or designed to be used, in whole or in part, for any trade, manufacturing or commercial use or purpose other than one of the following uses, and any use not specifically permitted herein is specifically prohibited:
A.
Retail sales of any goods or commodities, except sales or rentals of videos, sexually oriented publications, videos or devices and paraphernalia for use of illegal drugs.
B.
Arts and crafts.
C.
Automobile driving school.
D.
Bank.
E.
Barbershop.
F.
Beauty shop.
G.
Bicycle shop.
H.
Burglar alarm.
I.
Delicatessen, but only by special permit from the Board of Trustees.
J.
Dry cleaners.
K.
Eye glass shop.
L.
Florist.
M.
Home health care.
N.
Ice cream parlor.
O.
Income tax preparation.
P.
Investigation office.
Q.
Laundromat.
R.
Liquor store.
S.
Locksmith.
T.
Pharmacy.
U.
Picture framing.
V.
Professional offices.
W.
Real estate office.
X.
Recruiting office.
Y.
Sales of prepackaged dairy and other foods on a retail basis for off-premises consumption.
Z.
Shoe repair or sales.
AA.
Surgical supply.
BB.
Tanning salon.
CC.
Telephone store.
DD.
Television repair.
EE.
Travel agent.
FF.
Upholstery sales and repair.
GG.
Dance school or dance studio.
[Added 12-1-2003 by L.L. No. 7-2003]
§ 128-13.1 Permitted uses in Sunrise Business District.
[Added 9-20-1995 by L.L. No. 6-1995]
No building or premises shall be used and no building shall be erected which is intended or designed to be used, in whole or in part, for any trade, manufacturing or commercial use or purpose other than one of the following uses, and any use not specifically permitted herein is specifically prohibited.
A.
Retail sales of any goods or commodities, except sales or rentals of videos, sexually-oriented publications or devices if such sales are the principal sales product, and paraphernalia for use of illegal drugs.
B.
Ambulance equipment.
C.
Arts and crafts.
D.
Automobile driving school.
E.
Barbershop.
F.
Beauty shop.
G.
Bicycle shop.
H.
Burglar alarm.
I.
Caterer.
J.
Cleaners.
K.
Delicatessen, but only by special permit from the Board of Trustees.
L.
Eyeglass shop.
M.
Florist.
N.
Gasoline station.
O.
Home health care.
P.
Ice cream parlor.
Q.
Insurance.
R.
Investigations.
S.
Laundromat.
T.
Liquor store.
U.
Locksmith.
V.
Mini-storage rental.
W.
Picture framing.
X.
Print shop.
Y.
Professional offices.
Z.
Real estate offices.
AA.
Recruiting offices.
BB.
Restaurant for consumption of food on premises without drive-through take-out food, but only with a special permit from the Board of Trustees.
CC.
Sale of prepackaged dairy and other foods on a retail basis for off-premises consumption.
DD.
Self-defense school.
EE.
Shoe repair or sales.
FF.
Surgical supply.
GG.
Tanning salon.
HH.
Telephone company.
II.
Television sales and repair.
JJ.
Window replacement.
KK.
Dance school or dance studio.
[Added 11-6-2006 by L.L. No. 10-2006]
§ 128-13.2 Permitted uses in North Business District.
[Added 9-20-1995 by L.L. No. 6-1995]
No building or premises shall be used and no building shall be erected which is intended or designed to be used, in whole or in part, for any trade, manufacturing or commercial use or purpose other than one of the following uses, and any use not specifically permitted herein is specifically prohibited.
A.
Retail sales of any goods or commodities, except sales or rentals of videos, sexually-oriented publications or devices if such sales are the principal sales product, and paraphernalia for use of illegal drugs.
B.
Ambulance equipment.
C.
Art gallery.
D.
Arts and crafts.
E.
Automobile driving schools.
F.
Awnings.
G.
Barbershop.
H.
Beauty shop.
I.
Beer and soda sales, but only by special permit from the Board of Trustees.
J.
Bicycle shop.
K.
Burglar alarms.
L.
Exercise salon.
M.
Eyeglass shop.
N.
Florist.
O.
Home health care.
P.
Income tax preparation.
Q.
Insurance.
R.
Investigation office.
S.
Lighting fixtures.
T.
Liquor store.
U.
Locksmith.
V.
Picture framing.
W.
Print shop.
X.
Professional offices.
Y.
Railings.
Z.
Real estate office.
AA.
Recruiting office.
BB.
Sale of prepackaged dairy and other foods on a retail basis for off-premises consumption.
CC.
Self-defense school.
DD.
Shoe repair or sales.
EE.
Surgical supply.
FF.
Tanning salon.
GG.
Telephone company office.
HH.
Television sales and repair.
II.
Travel agency.
JJ.
Uniform supply.
KK.
Upholstery sales and repair.
LL.
Dance school or dance studio.
[Added 11-6-2006 by L.L. No. 8-2006]
§ 128-13.3 Permitted uses in South Business District.
[Added 9-20-1995 by L.L. No. 6-1995]
No building or premises shall be used and no building shall be erected which is intended or designed to be used, in whole or in part, for any trade, manufacturing or commercial use or purpose other than one of the following uses, and any use not specifically permitted herein is specifically prohibited.
A.
Air conditioning.
C.
Auto body and fender, but only by special permit from the Board of Trustees.
D.
Automobile repair, but only by special permit from the Board of Trustees.
E.
Automotive detailing, but only by special permit from the Board of Trustees.
F.
Cabinet maker.
G.
Caterer.
H.
Delicatessen, but only by special permit from the Board of Trustees.
I.
Dry cleaner.
J.
Electrical contractor.
K.
Fencing.
L.
Garden and lawn center, but only with special permit from the Board of Trustees.
M.
Glass and mirror.
N.
Heating equipment.
O.
Home appliance repair.
P.
Landscape business, but only with special permit from the Board of Trustees.
Q.
Laundromat.
R.
Refrigeration.
S.
Replacement windows.
T.
Restaurant for consumption of food on premises without drive-through take-out food, but only with a special permit from the Board of Trustees.
U.
Restaurant supplies.
V.
Roofer.
W.
Sheet metal.
X.
Sale of prepackaged dairy and other foods on a retail basis for off-premises consumption.
Y.
Dance school or dance studio.
[Added 11-6-2006 by L.L. No. 9-2006]
§ 128-14 Special permits.
[Amended 9-20-1995 by L.L. No. 6-1995[1]]
A.
A special permit may be granted by the Board of Trustees following a public hearing on an application for a use for which a special permit is required by this Code. In granting any special permit, the Board of Trustees shall have the right to impose conditions therefor and the filing of Declaration of Covenants and Restrictions against the subject property.
B.
For any restaurant or food establishment that serves and consumes food on the premises, located within any Village business district, a special permit, as defined under Village Code, shall be required for the operation of outside dining.
[Amended 3-6-2017 by L.L. No. 2-2017]
[1]
Editor's Note: This local law superseded former § 128-14, Prohibited uses.
§ 128-14.1 Storage.
[Added 9-20-1995 by L.L. No. 6-1995]
Other than the mini-storage rental permitted by § 128-13.1. no storage of any type shall be allowed as a principal use in any business district in the Village of Brightwaters. Storage shall only be allowed as an accessory use to a principal use authorized by this Code. All storage shall be located within a building, except that outside storage as an accessory use may be permitted by the Planning Board of the Village of Brightwaters which shall be authorized to require screenings, setbacks and other restrictions as it deems appropriate. No explosives, flammable materials or other commodities which are noxious or offensive by reason of the emission of odor, dust, fumes, smoke or gas may be stored, except that liquid petroleum gases may be stored in accordance with the standards of the National Board of Fire Underwriters and the New York State Uniform Fire Prevention and Building Code under a permit obtained from the Code Enforcement Officer of the Village. However, no gasoline, liquid petroleum gas or oil storage in bulk above the ground in excess of 50 gallons shall be permitted.
§ 128-14.2 Multiple business uses.
[Added 9-20-1995 by L.L. No. 6-1995; amended 11-5-2007 by L.L. No. 10-2007]
Any unimproved parcel in any business district which has a road frontage of more than 50 feet in excess of the minimum road 50 feet required shall be entitled to use the parcel for more than one of the uses permitted under this Code for that district. There shall be no more than one use permitted for each 50 feet of road frontage in excess of the required 50 feet of road frontage, and each such additional use must extend the depth of the property from the road frontage to its rear property line. Any parcel in a business district improved by a building shall have a minimum road frontage of 100 feet and shall be entitled to use the building for no more than two of the uses permitted under this Code for that district. There shall be no more than one extra use permitted for each additional 50 feet of road frontage, unless the building is a legal two-story building, whereupon it shall be entitled to two extra uses for each additional 50 feet of road frontage.
§ 128-15 Conduct of uses within buildings.
[Amended 1-2-1996 by L.L. No. 2-1996]
Any use contemplated by this section shall be conducted entirely within a building or buildings which is or are stationary in position and permanently equipped with electricity, heat, telephone, sanitary hookup, water and bathroom.
§ 128-16 Roof requirements.
In any business district, business buildings shall have a facade roof on front and side streets rising four to six feet and with a 45° angle above the upper ceiling height or have a peaked roof and/or a front conforming to the type of existing buildings in the Village and shall be no more than one story high and approved by the Board of Trustees.
§ 128-17 Side yards for tennis clubs.
[Amended 3-1-2004 by L.L. No. 8-2004]
In connection with any use as a tennis club, if the side yard of any such use abuts a residential use, then such side yard shall not be less than 50 feet.
§ 128-18 Off-street parking.
[Amended 3-1-2004 by L.L. No. 9-2004; 1-7-2019 by L.L. No. 1-2019]
A.
All plans for a new building, expansion of an existing building or change of use for an existing building shall include provisions for off-street parking in accordance with the table found in 128 Attachment 5 of this Code, annexed herewith.
B.
Modifications to off-street parking requirements may be granted by the Board of Appeals upon application and public hearing.
§ 128-19 Sidewalks and curbing.
A.
On all business property on which any building shall hereafter be constructed, sidewalks and concrete curbing conforming to Village specifications shall be constructed by the owner of such property at his own cost and expense along all lines where the property shall abut any street, and the location of all curb cuts in said curbing shall be approved by the Code Enforcement Officer.
B.
On all business property on which any building shall hereafter be constructed, the area between the existing hard-surface pavement of the abutting street and the concrete curbing shall be paved by the owner of such property at his own cost and expense, with suitable material of a similar quality and nature as the existing roadway, and shall be so maintained by the owner.