Nassau City Zoning Code
ARTICLE VIII
General Business District GB
§ 120-33 Compliance required.
A.
Except as otherwise provided by this chapter, no building or structure or land shall be used nor shall any building or structure be built or altered in a General Business District GB, except for the purposes specified in the following sections. Any use not listed as a permitted use, permitted accessory use, specially permitted use, or use requiring site plan approval shall be deemed to be prohibited.
§ 120-34 Permitted principal uses.
In a General Business District GB, site plan review and approval by the Planning Board shall be required whenever one use in the following list is changed to another use in this list. Whenever a change in use occurs from one included in this list to one in § 120-36, both special use permit and site plan approval from the Planning Board shall be required. Where there is no change of use, and no change to the lot configuration, exterior (except for routine maintenance) facade, or changes to parking lot, signage, lighting or other site features, the use can continue as a permitted use. However, for any change in lot configuration, exterior facade (except for routine maintenance), parking lot, signage, lighting, or other site features, a new site plan review and approval by the Planning Board shall be required. All uses must meet all sidewalk, parking, signage, access, water and septic, and other development standards as required by this zoning chapter and other local, county or state requirements. Commercial design standards of § 120-38.1 shall be required for all uses requiring site plan review or a special use permit.
A.
Retail store.
B.
Bank or financial establishment.
C.
Boardinghouse and/or rooming house.
D.
Bus passenger shelter.
E.
Clinic, dental.
F.
Clinic, medical.
G.
Clubhouse.
H.
Eating and drinking establishment/restaurant.
I.
Electric substation.
J.
Funeral home.
K.
Hotel.
L.
Insurance carriers, agents, brokers and services.
M.
Legal services.
N.
Library.
O.
Medical and other health services.
P.
Mixed use having residential in upper floors and commercial on ground floor.
R.
Office, business.
S.
Office, professional.
T.
Personal service establishment.
U.
Place of assembly.
V.
Post office.
W.
Real estate establishment.
X.
Security and commodity brokers, dealers and services.
Y.
Theater.
Z.
Tourist home.
AA.
Dance studio.
BB.
Music studio.
CC.
Production studio/company.
DD.
Performing arts center.
§ 120-35 Permitted accessory uses.
In a General Business District GB, permitted accessory uses, buildings and other structures shall be as follows:
A.
Accessory buildings and structures customarily associated with the principal permitted use.
§ 120-36 Special permit uses.
A.
Special permit uses. In a General Business District GB, uses for which the Planning Board may issue a special permit in accordance with the provisions of Article XI shall be as follows. All uses requiring a special use permit shall also require site plan approval from the Planning Board.
(1)
Automobile sales area.
(2)
Bar or tavern.
(3)
Bowling alley or similar recreational establishment entirely enclosed within a building.
(4)
Drive-in business other than a drive-in theater, subject to the additional provisions of § 120-55.
(5)
Game room, amusement and recreation services.
(7)
Hospital, including nursing home.
(8)
Laundry dry cleaners, coin-operated.
(9)
Light industrial.
(10)
Miscellaneous repair services.
(11)
Miscellaneous retail store, including the making of articles to be sold at retail on the premises, provided that any such manufacturing or processing shall be incidental to a retail business, and not more than five persons shall be employed in such manufacturing or processing.
(13)
Nursing or convalescent home.
(14)
Transportation terminal.
(15)
Warehouse.
(16)
Wholesale business.
§ 120-37 Bulk, coverage and yard provisions.
In a General Business District GB, bulk, coverage and yard provisions shall be as follows:
A.
Coverage. The maximum lot coverage permitted shall be 70% of the land area as defined herein, provided all stormwater, drainage and septic system development and siting standards as required by the Village, county or state are met.
B.
Yards.
(1)
Front yards. The minimum front yard setback shall be 10 feet, and the maximum front yard setback shall be 25 feet. However, all buildings located in an historic district overlay shall be located so as to conform with all front yard setbacks of the abutting lots.
(2)
Rear yards. There shall be a rear yard of not less than 30 feet, except that, in the case of a through lot, the front yard requirement specified in Subsection B(1) shall be observed on both streets.
(3)
Side yards. Unless otherwise specified, each structure shall have two side yards with a total width of not less than 30 feet. The width of the narrower yards of the two sides shall not be less than five feet.
(4)
All buildings and structures constructed on lots which abut nonbusiness districts shall be so located as to conform, in respect to the abutting yard width, to the side or rear yard requirements, as the case may be, for the district against which the lot abuts.
C.
Area. The area per establishment as herein defined shall be 1/2 acre.
D.
Height: 40 feet for principal structure and 20 feet for accessory structure.
F.
Mixed-use buildings. No residential use is allowed on the first floor.
G.
The maximum size of an individual structure in the GB district shall be 5,000 square feet.
§ 120-38 Location of driveways.
A.
No driveway, as measured from its edge, shall intersect a street line less than 50 feet from the intersection of any street lines.
B.
Driveways shall be no more than 18 feet wide for residential uses and 26 feet for commercial uses.
D.
For corner lots, both sides of the street frontage shall be considered front yards.
E.
Commercial uses on corner lots shall have a maximum of two driveways.
§ 120-38.1 Commercial design standards.
The following design standards shall be met for all newly built commercial structures in any district:
A.
Sidewalks and curbs. The pedestrian system must connect buildings to one another, to parking areas, and to public streets and sidewalks.
B.
Sidewalks and curbing shall be required along the frontage of any parcel within the GB District. Where sidewalks and curbs exist, but are cracked or in disrepair, new sidewalks and curbs shall be required.
C.
Parking areas. The following standards shall be incorporated into the design, to the extent practical and consistent with parcel size and footprint of the structure:
(1)
All parking shall be placed to the side or rear of the principal building.
(2)
Parking lot layout shall take into consideration pedestrian circulation. Where necessary and appropriate, crosswalks shall be provided for and be distinguished by textured paving and integrated into the larger pedestrian network.
(3)
Minimize the number of off-street parking spaces to the minimum necessary to adequately serve the intended use.
(4)
Cross-easements between two commercial parcels can be used to provide shared access to parking to the maximum extent practical.
D.
Lighting. Lighting poles shall be post style, with a maximum height of 18 feet. All luminaries shall be full-cut off and shielded to direct light downwards. Non-color-corrected, low-pressure sodium and mercury vapor light sources are prohibited. Glare beyond the property lines shall be minimized. The Planning Board may require a lighting plan to illustrate light levels at property lines. Lighting fixtures attached to the exterior of a building shall be architecturally compatible with the style, materials, colors and details of the building.
E.
Buildings and lot layout.
(1)
All dumpsters or trash receptacles shall be placed to the rear of a principal structure or, if lot configuration is such that rear access is not feasible, in the side yard, provided it is set back the farthest possible distance from the frontage.
(2)
All facades shall be parallel to the frontage line.
(3)
Where a mix of residential and commercial uses is allowed in one structure, residential uses shall be placed to the rear or upstairs of the commercial use. All ground-floor spaces facing the frontage shall be the commercial use.
(4)
Low-impact development (LID) for stormwater management shall be incorporated to the maximum extent feasible and shall use the New York State Stormwater Management Design Manual, and in particular, Chapter 5 (Green Infrastructure Practices), Section 5.1 (Planning for Green Infrastructure: Preservation of Natural Features and Conservation Design).
F.
Signs. All sign requirements of § 120-66 shall be met. Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors and details of the building.
G.
Building design. Buildings shall generally relate in scale and design features to the local context of the surrounding buildings. New buildings in the historic overlay district should be designed in a manner consistent with the general architectural features of such existing structures in terms of form, materials, and fenestration and roof shape. Trademarked architecture shall be made compatible with the existing architecture of the district and shall meet all other commercial design standards of this section.
(1)
There shall be no blank and windowless walls along any frontage. The Planning Board can evaluate the design treatments of all sides of the proposed structure during site plan review.
(2)
Buildings shall be located to front towards and relate to public streets, both functionally and visually to the greatest extent feasible.
(3)
Dead-flat roofs are generally inconsistent with the existing character of the Village and should be avoided. Where the size or type of the building requires a flat roof, other architectural features shall screen or disguise the flatness of the roof.
(4)
All HVAC, stacks, pipes, and other utility structures shall be screened from view from the street and from adjacent properties.
(5)
Where drive-through facilities are allowed, they shall be located at the side or rear of buildings, and landscaping should be used to reduce the visibility of such facilities.