Bank, hotel, theater other than an open-air drive-in or automobile theater, studio, offices, showrooms, art galleries, church, library, telephone exchange and office, telegraph, cable and radio communication offices.

Shops for personal service, which shall include barbershops, beauty shops, shops for repair of clocks, watches and jewelry, tailors, dressmakers, millinery and shoe repair.

Retail stores for the sale of dry goods, hardware, clothing, furniture, household furnishings and supplies, sporting goods, toys, stationery, books, optical goods, watches, clocks and jewelry, phonographs, radios, televisions, musical and scientific instruments, art supplies, cameras and photographic equipment and supplies, plants and flowers, drugs and cosmetics, except for retail stores of a type known as "big-box commercial use" as defined in § 70-140B.

Building and outdoor facilities for recreational purposes other than carnivals, professional baseball, football or other professional sports, as approved by the Town Board after public hearing. The outdoor space occupied by such recreational facilities may be included in determining the size of the landscaped areas as may be required in this ordinance.

In the event that a retail store for the sale of goods or for community service not mentioned in the preceding sections is desired, application shall be made to the Board of Zoning and Appeals and, if the said Board determines that the use requested is equal to or of higher classification than those mentioned in this Article, such use will be permitted.

Accessory uses on the same lot and customarily incidental to any of the above permitted uses, except for accessory drive-through facilities, which shall be subject to the provisions of § 70-203T, and for below-grade parking structures, which shall be subject to the provisions of § 70-203U.

A caretaker unit, as defined in § 70-231, located within a building or on a property designated on the National Register of Historic Places, State Register of Historic Places or designated as an individual landmark under Chapter 27 of this Code and having a portion of the building accessible to the public.

The operation of not more than two amusement devices in conjunction with a lawfully established business. No amusement device shall be operated as authorized herein except on the following conditions:

Restaurants, or retail grocery, retail food use or other store primarily selling food items packaged in units of more than one portion for consumption off the premises.

Senior day-care facilities.

Nursing homes.

Child care, nursery school or similar facility, subject to the standards and requirements set forth in § 70-203.1 of this chapter.[1]

A dry-cleaning establishment using perchloroethylene.

The installation of equipment which uses perchloroethylene or increases the capacity of existing equipment which uses perchloroethylene.

Retail stores of a type known as "big-box commercial use" as defined in § 70-140B.[1]

Every project under this article other than senior day-care facilities or nursing homes shall occupy a plot of not less than 10 acres unless otherwise approved by the Board of Zoning and Appeals.

Freestanding senior day-care facilities shall occupy a plot of not less than 1/2 acre with a minimum width of 100 feet.

Freestanding nursing homes shall occupy a plot of not less than one acre with a minimum width of 100 feet and a maximum density of 50 beds per acre.

There shall be a minimum front yard setback of 15 feet.

Buildings facing on a major highway shall not front directly on such highway but on a marginal road at least 50 feet in width. Such marginal road shall provide for a ten-foot sidewalk adjoining the front yard setback mentioned in § 70-119A, a thirty-foot paved roadway and a ten-foot strip for planting and/or sidewalk purposes adjoining the major highway. Openings onto such major highway from such marginal road shall be at least 500 feet apart.

If buildings front on a court, the court shall be maintained as a landscaped park area with necessary crosswalks. No vehicular traffic shall be permitted within such court unless the Board of Zoning and Appeals approves same, in which event a landscaped area of at least 25 feet in width must separate the buildings from the area provided for vehicular traffic.

The minimum distance between any two buildings shall be 20 feet.

The minimum distance between buildings and side or rear property lines shall be 25 feet.

All buildings shall be erected and arranged in a manner which will provide adequate light and air.

Where a Business AA District adjoins a district or districts of higher classification, there shall be provided a landscaped area of at least 15 feet in depth, consisting of trees and shrubs, adjoining such district or districts to substantially screen the Business AA District from that or those of higher classification, and such screening shall be subject to the approval of the Board of Zoning and Appeals. The site plan shall designate the trees and/or shrubs intended to be planted and the location thereof. The provisions of this section shall not apply where the districts are separated by a street, road or highway.

The provisions of § 70-103 shall apply to the Business AA District.

The space for loading and unloading for each building shall be so located as not to interfere with vehicular traffic and no part of same shall be included as parking, and such loading and unloading space shall be sufficient to permit two trucks for each business unit at one time. The location of the area of accessory parking as provided in § 70-117 and of the space for loading and unloading and the adequacy of same shall be subject to the approval of the Board of Zoning and Appeals.

Such parking area shall be adequately screened from the view of surrounding property in accordance with the provision shown on the approved site plans, as hereafter required.

Such parking area shall be connected with the marginal road or highway by means of a roadway at least 30 feet in width with separate means of ingress and egress upon such marginal road or highway.

All buildings and structures, roads, walks and parking areas authorized under the provisions of this section shall conform to all applicable laws and regulations relating to construction, operation and maintenance.

An application for a change of zone to a Business AA District for a planned community business center shall be filed with the Town Board. Such application must be in writing and must be accompanied by a site plan and general building plans showing the design, location and uses of buildings, structures and open spaces, and accessibility to municipal sewers or to an independent disposal plant approved by the Nassau County Department of Health and/or Town of North Hempstead Building Department. Approval of such site plan by the Town Board and certification that the construction, operation and maintenance of such a project is consistent with the use of the affected and surrounding property and is designed to promote, enhance and benefit the value of such property shall be required before the Town Board will consider such application for a change of zone. Nothing herein contained shall prejudice the right of the Town Board on its own motion after public hearing to change the zone of property to a Business AA District.

In the event of the abandonment of a particular project, the Town Board may after public hearing restore the property to its former zoning district or such other district as it may determine. The failure to obtain building permits within one year of the date of change of zone, or the failure to complete the project within two years after the issuance of building permits may be deemed to be an abandonment.