Cedarhurst City Zoning Code
ARTICLE X
General Business Districts
§ 265-85 Scope of provisions.
In General Business Districts the following regulations shall apply.
§ 265-86 Permitted uses.
[Amended 5-18-1964; 5-24-1965; 6-5-1967[1]; 8-7-1972; 6-20-1977 by L.L. No. 20-1977; 9-9-1977 by L.L. No. 25-1977; 7-7-1980 by L.L. No. 5-1980; 6-13-1994 by L.L. No. 4-1994; 2-1-1999 by L.L. No. 3-1999; 3-8-1999 by L.L. No. 5-1999; 9-8-2003 by L.L. No. 11-2003; 6-4-2007 by L.L. No. 8-2007; 1-7-2013 by L.L. No. 4-2013; 5-6-2013 by L.L. No. 8-2013; 11-12-2013 by L.L. No. 15-2013; 10-6-2014 by L.L. No. 11-2015; 2-1-2021 by L.L. No. 1-2021; 8-2-2021 by L.L. No. 9-2021]
A.
No building shall be erected, altered or used and no lot or premises shall be used except for one or more of the following purposes.
(1)
A business and/or professional office, but not to be located on the ground floor of any building located on Central Avenue between Maple Avenue and Washington Avenue, on Cedarhurst Avenue and on Commercial Drive between Spruce Street and Washington Avenue.
(3)
The expansion of existing restaurants, supermarkets, groceries, and delicatessens to contiguous space not exceeding an additional 10% of existing space.
(4) "RETAIL SHOPPERS" or "RETAIL CUSTOMERS" "STORE"
A store or business for the sale, at retail, of articles to be used or consumed on or off the premises, but not to include open markets, flea markets and/or any use prohibited in this article.
Means people who are the ultimate consumer or ultimate user of the goods sold in the store. Purchasers who acquire goods for resale to the ultimate consumer or user are not retail customers.
Means a shop where goods are displayed and sold to retail shoppers making purchases in-person within the store. The incidental sale of goods from the shop to retail customers who phone-in or submit their orders electronically shall not cause an otherwise conforming retail shop to be deemed a place of business rather than a store.
(6)
Flower shops.
(7)
Laundries and dry-cleaning establishments (but not including coin- or coinless-operated laundries or laundromats for hire and for personal and individual use or an establishment where dyeing is conducted on the premises, which are hereby specifically excluded, prohibited and forbidden).
(8)
Carpenter shops, cabinetmaker shops and furniture and upholstery shops, provided that not more than five clerks or workers are employed or engaged therein.
(9)
Electrical shops, plumbing shops, testing laboratories, sign painters and locksmiths, provided that not more than five clerks or workers are employed or engaged therein.
(10)
Paint stores, paperhangers' establishments and plasterers' establishments.
(11)
Professional or scientific or musical instrument sales store.
(12)
Radio, television and home appliance shops and showrooms selling at retail only.
(13)
Newspaper and job printing.
(14)
Automobile sales rooms, if contained within an approved building or store, with no servicing or gas pumps. Parking of motor vehicles for sale on open areas is prohibited.
(15)
Sale of motor-driven, one passenger bicycles, namely; mopeds which motor shall be not more than one horsepower and cannot proceed at more than 17 miles per hour, if contained within an approved building or store, without repairs, service or gas pumps.
(16)
Bicycle shops.
(17)
Tailor shop including pressing and dry cleaning (but not to include any dyeing on the premises which is specifically excluded and forbidden).
(18)
Bank or financial institutions.
(19)
Barbershop and beauty parlor.
(20)
Magazine store, loan library.
(21)
Art studio, music studio, photograph gallery.
(22)
Indoor athletic facilities. Tennis courts, squash courts, racquetball courts, if contained within an approved building or structure and with on-site off-street parking on the basis of four car spaces for each tennis court and two car spaces for other courts noted herein. Each parking space to have a minimum area of 300 square feet per car.
(23)
Dressmaking, millinery or similar handicrafts.
(24)
Teaching and instruction, whether or not included within the term "school" as defined in this chapter.
(25)
The sale of pre-packaged, individual food items prepared off premises for off-premises consumption only.
(26)
Any use of the same general character as the uses hereinbefore enumerated, when authorized by the Board of Appeals which is hereby granted power to grant permits therefor in harmony with the purposes of this chapter and under such terms and conditions as it may impose, provided that the Board of Appeals shall have no power to grant permits for any business, trade, industry or use that is or may be noxious or offensive by reason of the emission of odor, dust, smoke, gas or noise.
B.
All uses permitted herein shall be conducted in approved structures or buildings.
C.
No uses may be conducted in open areas or on unbuilt portions of the property.
D.
Prohibited uses; exceptions; special exception.
(1)
Anything in this Code to the contrary notwithstanding, the sale of drug-related paraphernalia or any drug related printed matter as defined in § 115-1 in this Code shall be prohibited.
(2)
Anything in this Code to the contrary notwithstanding, the erection, expansion, use and/or occupancy of a building which is engaged in the sale, preparation and/or service of food for consumption on and/or off the premises, including but not limited to restaurants, bars, catering establishments, supermarkets, groceries, delicatessens, fast-food establishments, convenience stores, cafeterias and institutional kitchens, are prohibited, except:
(a)
Exceptions:
[1]
The sale of pre-packaged, individual food items prepared off premises for off-premises consumption only.
[2]
The expansion of existing restaurants, supermarkets, groceries, and delicatessens to contiguous space not exceeding an additional 10% of existing space is permitted; and
[3]
On Chestnut Street from Spruce Street to Cedarhurst Avenue, delicatessens, restaurants, catering establishments, establishments engaged solely in the sale, preparation and/or service of ice cream, ices, bakery products and food commonly classified as desserts are permitted.
(b)
Special exception:
[1]
Before the use permitted in Subsection A(25) of this section and as an exception in Subsection D(2)(a)[1], a special exception must be granted by the Board of Trustees, acting as a Planning Board, upon the filing of an application, all plans and specifications required together with a petition for a special exception, upon good grounds shown and required fees after a hearing had thereon.
(3)
Anything in this Code to the contrary notwithstanding, tattoo parlors are prohibited.
(4)
Anything in this Code to the contrary notwithstanding, the use of a premises as a hookah, nargile, cigar, vapor, e-cigarette or shisha den, bar or lounge, irrespective of how it is denominated, is prohibited.
[1]
Editor's Note: This resolution also repealed former Sections 18-155, Existing uses permitted, otherwise prohibited; 18-156, Uses prohibited; and 18-161, Living apartments, quarters in business buildings.
§ 265-87 Storage of rubbish, garbage and waste.
[Added 4-7-1986 by L.L. No. 10-1986]
A.
No commercial building shall be erected or extended or structurally altered unless a plan shall be submitted to the Village setting forth a facility within the premises or enclosed and attached to the building for the storage of garbage, rubbish or waste.
C.
Said plan shall include access for pick up of garbage, rubbish or waste.
§ 265-88 Minimum width.
[Added 3-3-1986; amended 9-17-1990 by L.L. No. 8-1990]
No retail store shall be erected, constructed or altered, having a minimum width of less than 15 feet, and shall conform in all respects to § 265-10.
§ 265-89 Height.
[Amended 12-17-1973; 6-19-1978 by L.L. No. 7-1970; 5-11-1981 by L.L. No. 3-1981; 10-7-1985 by L.L. No. 11-1985; 3-16-2006 by L.L. No. 5-2006; 9-8-2015 by L.L. No. 3-2018; 2-7-2022 by L.L. No. 1-2022]
A.
No building or part thereof shall be erected or altered to a height greater than two stories above the mean level of the curb. In no event shall a building exceed the prescribed height as set forth hereinafter.
B.
No building or part thereof, which is located on Central Avenue or Cedarhurst Avenue, shall be erected or altered to a height greater than one story above the mean level of the curb.
C.
One-story building: 18 feet zero inches to the high point of the roof above the mean level of the curb. A parapet shall not exceed three feet zero inches above the high point of the roof.
D.
Two-story building: 24 feet zero inches to the high point of the roof above the mean level of the curb. A parapet shall not exceed three feet zero inches above the high point of the roof.
§ 265-90 Mezzanines.
[Added 5-11-1981 by L.L. No. 4-1981]
As defined in § 265-1, shall be permitted in a one-story building.
§ 265-91 Front yards.
[Amended 11-8-1968; 5-2-1977 by L.L. No. 15-1977; 8-1-1977 by L.L. No. 22-1977; 6-4-1986 by L.L. No. 14-1986; 9-8-1988 by L.L. No. 6-1988]
A front yard setback of five feet shall be required in all business zones, excluding frontage on Central Avenue, Cedarhurst Avenue, Rockaway Turnpike, Cedarhurst Station Plaza, and a front yard setback of 10 feet shall be required on Pearsall Avenue.
§ 265-92 Side yards.
[Amended 10-24-1964; 5-11-1981 by L.L. No. 5-1981; 5-1-1989 by L.L. No. 8-1989]
No side yards are required in the general business district, except as follows: Where such property immediately adjoins or abuts a public or municipal parking field or access driveway, there shall be a side yard adjacent to such parking field or driveway of not less than five feet. The entire said yard from curb to the building line shall be paved with concrete as prescribed in Chapter 224, Article III, Curb Cuts, in this Code. When any such property located within the General Business District shall, at either side yard, abut a property within a residential zone or a property used as residential, then a side yard setback shall be required where such property so abuts the property in the residential zone of at least six feet.
§ 265-93 Rear yards.
[Amended 10-26-1964; 5-1-1989 by L.L. No. 8-1989]
A rear yard of not less than 10 feet in depth is required on every lot or plot in the general business district, whether such lot or plot be interior or exterior, except, where such property immediately adjoins or abuts a public or municipal parking field or access driveway thereto, there shall be a rear yard adjacent to such parking field or driveway of not less than five feet. The entire said yard from curb to the building line shall be paved with concrete as prescribed in Chapter 224, Article III, inclusive, of this Code. Where the property adjoins or abuts a public or municipal parking field or access driveway thereto on the side only, the provisions hereof with respect to paving shall not apply. When any such property located within the General Business District shall, at its rear yard, abut a property within a residential zone or a property used as residential, then a rear yard setback shall be required of at least 25 feet.
§ 265-94 On-site parking.
[Added 10-7-1985 by L.L. No. 9-1985]
A.
On-site parking, as hereinafter described, shall be provided for all new buildings, all existing buildings enlarged and/or increased in area and volume or use and all buildings used for residential purposes converted to business use in the general business area, however; the parking requirements of §§ 265-9 and 265-11A shall apply throughout the entire area; one parking space shall be provided for each 200 square feet of floor area. Floor area shall not include cellar area unless used for retail sales or office purposes.
[Amended 7-7-1986 by L.L. No. 20-1986]
§ 265-95 Vehicles crossing sidewalk on Central Avenue prohibited.
[Added 7-6-1965]
A.
All vehicular traffic is prohibited from crossing the sidewalk to enter any premises fronting on Central Avenue or exiting from said premises onto Central Avenue across the sidewalk, and no curb cuts shall hereafter be permitted to allow vehicular traffic to make such entrance from Central Avenue or onto Central Avenue.
B.
Any special exception to the foregoing may be granted by the Board of Trustees of the Village of Cedarhurst only, and the decision of said Board of Trustees shall be final and binding.
[Amended 2-28-1972]
§ 265-96 Permitted off-street parking.
[Added 8-1-1966]
A.
Off-street parking spaces may be constructed as an accessory to a permitted use and shall be used only by the owners, occupants, employees, customers and/or visitors of the use or uses to which such spaces are accessory. Such spaces may not be used for rental and shall not be rented for any purpose.
B.
Parking spaces accessory to the permitted use may be provided off the site. The staring boundary of such parking area shall not be more than 100 feet from the use to which it is accessory and shall be wholly contained within the zoning area.
C.
All open accessory off-street parking spaces shall be surfaced with asphalt or portland cement, concrete or other hard surfaced dustless material at least four inches in thickness. The parking area shall be fenced with woven wire fencing or equal, to a height of four feet. There shall be no signs or other advertising matter other than that starting the use of the parking spaces. On-site drainage shall be provided. Drainage shall have capacity of one inch of rainwater over entire area.
D.
Nothing in this chapter shall be construed to permit entrance or exit driveways to or from Central Avenue as prohibited in § 265-95. Nothing in this chapter shall be construed as to permit parking in residential areas.
E.
No permitted parking area may be used as defined above until a permit for construction has been obtained and a certificate of occupancy for its use issued by the Building Department, indicating full compliance with the above.
F.
Off-street parking shall not be permitted on the front portion of any premises, for any required and/or permitted parking.
[Added 9-19-1977 by L.L. No. 27-1977]
G.
The minimum parking space shall be eight feet six inches in width and 17 feet zero inches in length. The access driveway shall have a minimum width of 23 feet zero inches.[1]
[Added 10-7-1985 by L.L. No. 9-1985; amended 2-1-1993 by L.L. No. 2-1993]
[1]
Editor's Note: Former Section 18-164, Existing space, added 4-7-1986 by L.L. No. 8-1986, which immediately followed this subsection, was repealed 9-17-1990 by L.L. No. 8-1990.