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Cambria Town City Zoning Code

ARTICLE VI

Light Retail Business District B-1.

The Light Retail Business District is established to accommodate businesses involving light retail trade.

§ 288-600 Permitted uses, buildings and other structures.

Antique, beauty and barber shops.
Bowling alley or similar recreational establishment entirely enclosed within a building.
Financial establishments including banks, credit agencies other than banks, security and commodity brokers, dealers and services.
Hardware stores, food stores, apparel and accessory stores, and furniture and home furnishing stores.
Insurance carriers, agents, brokers and services.
Ice storage and vending (three tons or less capacity).
Laundry, coin operated, dry cleaner.
Motel or motor court, conforming to the provisions of § 288-1102.
Motion-picture theaters, amusements and recreation services, medical and other health services and legal services.
Motor vehicle service station, conforming to the provisions of § 288-1104.
Offices.
Real estate establishments.
Retail trade including building materials and hardware, general merchandise, food stores, apparel and accessory stores, furniture, home furnishing and eating and drinking places including bars and restaurants.
Accessory uses and buildings customarily incidental to the above permitted uses, including signs up to 32 square feet per business establishment located upon private property and off of the road right-of-way and otherwise permitted pursuant to a site plan approval hereunder.
Private swimming pool not operated for gain.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Agriculture as defined in Article II, except as prohibited in § 288-601 herein.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Outdoor storage of not more than one each of the following vehicles, provided they are in working condition, owned and are for the personal use by the owner, resident or lessee of the premises: boat, boat trailer, recreational vehicle, utility trailer. The setback for the storage of such vehicles shall be a minimum of 40 feet from the road right-of-way and any such vehicle shall be parked in the driveway of the premises. Outdoor storage of trailers used for commercial purposes or commercial vehicles as defined herein shall not be permitted.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Open parking for operative passenger vehicles for persons visiting the premises.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Public park and playgrounds.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Temporary stands where agricultural or garden products are sold which are produced predominantly in or upon the property or in the Town of Cambria or as a farm operation as defined hereunder, may be erected and used by the owner of that property, provided the stand shall be located not nearer than 20 feet from the street or highway right-of-way, and further proper and adequate driveways and parking shall be maintained in connection therewith.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Permanent stands used for the sale of agricultural or garden products which are predominantly produced in the Town of Cambria, or as a farm operation as defined hereunder, but which are not defined as agribusiness hereunder, shall be at least 70 feet from the highway right-of-way and no closer than 100 feet from any sideline. Sufficient off-road parking shall be provided, including off-road parking for buses, if applicable.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Tennis court not operated for gain.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Barns and other buildings, used for active agricultural purposes.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Home occupations.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Agricultural tourism, subject to site plan review for such a use pursuant to § 288-605 hereof.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Other uses and buildings and structures as provided by §§ 288-1100, 288-1101, 288-1106 and 288-1107.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 288-601 Prohibited uses in B-1 District.

All uses and structures not permitted in §§ 288-300, 288-400 and 288-600 and including but not limited to the following:
Automobile wrecking graveyards or disassembly plants.
Bakery employing more than five persons.
Bottling works.
Coal yards.
Commercial warehouse.
Crude oil, gasoline or any of its volatile products or other highly flammable liquid storage in above ground tanks in an amount greater than 550 gallons.
Dumps.
Electric welding other than that incidental to building construction.
Flea markets and auction barns.
Farms, except a winery, brewery, cidery, distillery, meadery or microbrewery that is licensed as a farm winery, farm brewery, farm cidery, farm distillery, farm meadery or farm microbrewery by the New York Alcohol Beverage Control (ABC) Law § 76, et seq., whose agricultural crops used to produce its alcoholic beverages do not constitute a farm operation under New York State Agriculture and Markets Law § 305-a due to less than 51% of its agricultural crops being used to produce the alcoholic beverage, is a permitted use in the B-1 and B-2 Districts by special permit.
Junkyards; secondhand material yards and the storage, baling and/or treatment of junk, old iron, rags, bottles or scrap paper; sludge processing or storage of sludge or similar waste material; recycling; storage or depositing in any manner of toxic waste or hazardous waste as defined by the New York State Department of Environmental Conservation.
Laundries other than laundromats and similar self-service establishments and dyeing and cleaning works, using power machinery or employing more than five persons.
Live animal or poultry sales.
Mining, quarry, sand pit, topsoil stripping.
Manufacturing.
Meat smoking and processing meat for animal foods whether or not incidental to a retail business conducted on the premises.
Milk distribution plants.
Motor freight terminal.
Motor vehicle repair station.
Outdoor storage of commercial tractors and trailers.
Rendering lard and other fats.
Residential dwellings.
Slaughtering poultry and animals.
Warehouse.
Wholesale business.

§ 288-602 Yard, area and height restrictions in B-1 District.

In addition to the specific restrictions established in connection with permitted uses listed in § 288-600 and the requirements listed in Article XI the following regulations apply to all other uses permitted in B-1 and B-2 districts:
Area and lot dimensions. The minimum net land area per business establishment shall be 40,000 square feet and the minimum width of a lot at the front right-of-way line shall be 150 feet. However, it shall be allowable to construct a group of establishments in accordance with an integrated site and architectural plan approved by the Planning Board and the minimum land area for such a group shall be five acres with a minimum width of 400 feet at the front building line.
Front yards. There shall be a minimum yard of 80 feet from any road right-of-way into which space there shall be no encroachment of structures other than a fence, wall, or sign not larger than 32 square feet, and no encroachment of commercial usage other than parking space for customer or employee cars. There shall be a suitably landscaped buffer zone between road right-of-way and parking area of a minimum of 10 feet. In addition there shall be no outside storage permitted in B-1 District.
Side yards. No building shall be placed closer to a side property line than 30 feet. No automobile parking space shall extend nearer to a side property line than 15 feet if the adjacent property is zoned AR or R-1.
Rear yards. No building shall be placed closer to a rear property line than 50 feet if the adjacent property is in Agricultural and Residence District AR or a Residence District R-1, or closer to a rear property line than 20 feet if the adjacent property is in any other class of district.
Height. The height of buildings and structures shall not exceed two stories being 22 feet, at the eaves.
Setbacks. All setbacks and lot size requirements referenced herein shall be determined upon a minimum road right-of-way of four rods (66 feet).

§ 288-603 Entrances and exits upon public streets in B-1 District.

There shall not be more than one entrance and one exit per establishment on any individual public street and the distance between the entrance's and exit's center lines, if separate, shall not be less than 100 feet in any instance. The center line of any such entrance or exit shall not intersect any street line less than 50 feet from the intersection of any two street lines. No entrances or exits shall be permitted on less than a four rod (66 feet) road.

§ 288-604 Landscape treatment in B-1 District.

All properties shall be appropriately landscaped, particularly at the front. Properties abutting Agricultural and Residence Districts AR and Residence District R-1 shall be planted with trees and shrubs and/or suitably landscaped to a width of at least 15 feet on all property lines abutting such districts.

§ 288-605 Site plan review and approval of business uses.

Site plans for business uses of premises, in any business, industrial or campground district and for all business uses permitted in the A-R and R-1 Districts by variance or special permit, or for the erection, construction or placing of any structure or building above or below ground, including advertising signs of every kind, and including the installation or construction of all streets, parking lots, parks, parkways, public ways, exits and entrances (all of which shall be suitably located to accommodate prospective traffic) and all water, sewage, drainage, fire, electric and all facilities of every kind and nature shall be reviewed, regulated and approved in the form of a site plan approval by the Planning Board of the Town of Cambria and shall be installed all in accordance with standard specifications and procedure acceptable or required by the appropriate Town, county or state departments. At a minimum, all such structures or buildings shall be placed upon a continuous perimeter concrete foundation below the frost line. Any area used for parking vehicles, entrances and exits, or upon which vehicles traverse, shall be finished as may be required by the Planning Board. Reasonable regulations with respect to said use may also be imposed by the Planning Board, including limitations with respect to days and hours of operation, outside storage, signs, odor, dust, noise, etc. Site plan approvals and agreements containing conditions agreeable to the applicant, the owner of the property if different than the applicant, and the Planning Board, are encouraged hereunder. No business use of premises in the B-1 District shall be permitted without first obtaining site plan approval from the Planning Board hereunder. Use of premises thusly without site plan approval shall constitute a violation of this chapter punishable in accordance with § 288-1205 hereof. Site plans for uses defined as agricultural tourism hereunder shall be reviewed pursuant to § 288-1130 hereof.
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in this chapter. The approved site plan shall be consistent with the provisions of this chapter.