Roslyn Estates Village
City Zoning Code
City Zoning Code
ARTICLE VII
C-1 Business District
§ 200-34 Permitted uses.
[Amended 5-6-1996 by L.L. No. 6-1996; 10-8-1997 by L.L. No. 4-1997; 2-7-2005 by L.L. No. 2-2005; 5-9-2011 by L.L. No. 3-2011]
A.
In the C-1 Business District, no building or other structure shall be erected, altered, or used, and no lot or premises may be used, except for one or more of the following purposes:
(1)
Village of Roslyn Estates governmental purposes.
(2)
Office, including, but not limited to, professional, medical, real estate broker, stock broker, bank, and other financial institutions.
(3)
Stores and shops for conducting any of the following retail businesses (including sales, repairs, and/or services): antiques; art supplies; awards, trophies and medals; barber, beautician, nail salon, and spa; books; bicycles; cameras, collectibles and memorabilia; clothing, shoes, shoemaking, tailoring, dressmaking, and millinery; computers, radios, televisions, audio equipment, and other electronics (excluding installations in motor vehicles); crafts, knitting supplies, and hobbies; decorator goods; dry goods; floor coverings, carpets, and rugs; furniture and bedding; florist; grocery, fruits, vegetables, meat, fish, and tobacco; hardware, locksmith, and home appliances; health, gymnasium, and sports club; household bedding; leather goods; jewelry, watches, and clocks; liquor (for off-premises consumption); luggage; newspaper and magazines; optician and optical goods; musical, professional, and scientific instruments; packaging and mailing services; party supplies; pharmaceuticals, hospital supplies, prosthetics, cosmetics, toiletries, and gifts; photographic studio, supplies, and services (excluding on-premises developing); picture frames; sporting goods (excluding firearms); stamps and coins; stationery; toys; and video sales and rentals.
(4)
A restaurant, which, as the term is used herein, shall mean a business primarily engaged in the preparation and sale of food, accompanied by beverages, selected from a full written menu and consumed on the premises of the business by patrons seated at tables and served by a wait staff and using nondisposable food and beverage plates, glasses, cups, and utensils.
(a)
With regard to such restaurant uses, the following are permitted as accessory uses only:
[1]
The sale of food and beverages in disposable containers and wrappers for off-premises consumption.
[2]
Music and entertainment.
(b)
"Restaurant" shall not include a bar and grill, a discotheque or a nightclub, a drive-through, or other similar types of businesses.
(c)
A restaurant may not be open between 12:00 midnight and 7:00 a.m.
(5)
Any use of the same general character as the aforementioned uses, subject to the issuance of a special use permit by the Zoning Board of Appeals.
(6)
Except as limited with regard to restaurants, an accessory use on the same lot in connection with any permitted use, which accessory use is necessary and incidental to the principal use.
B.
Notwithstanding the foregoing, and without expanding the aforesaid permitted uses, the following uses are expressly not permitted:
(1)
Outdoor displays of merchandise.
(2)
Outdoor storage.
(3)
Outdoor sales.
(4)
Cooking for sale on the premises, except for restaurants.
§ 200-35 Prohibited uses.
[Amended 5-6-1996 by L.L. No. 6-1996]
No building or other structure may be erected, altered or used, and no lot or premises may be used, for a trade, industry or business that is noxious or offensive by reason of odor, dust, smoke, gas, vibration or noise. No internal combustion engine shall be used unless it is equipped with an effective muffler or silencer, and all noise and vibration which would cause an unreasonable disturbance to adjacent property owners is eliminated. No business in any building, lot or premises may sell or distribute gasoline or other fuel except through approved pumps attended by the owner or an employee of such business. No business may place any products or material out of doors, except that businesses primarily dedicated to the sale of plants, shrubs and trees may place plants, shrubs, trees and accessory items out of doors.
§ 200-36 Prohibited noise levels.
No use shall be operated or maintained, nor shall any activity be conducted nor device operated, which shall cause nuisance by reason of the emission of noise. For the purposes of this chapter, such nuisance shall be deemed to exist where the sound-pressure level of noise measured at any lot line shall exceed the following values in any octave band of frequency:
Frequency Band (cycles per second) | Sound-Pressure Level (decibels re 0.0002 dyne/cm2) |
|---|---|
20 to 75 | 69 |
75 to 150 | 54 |
150 to 300 | 47 |
300 to 600 | 41 |
600 to 1,200 | 37 |
1,200 to 2,400 | 34 |
2,400 to 4,800 | 31 |
4,800 to 10,000 | 28 |
§ 200-37 Building area.
[Amended 5-6-1996 by L.L. No. 6-1996]
The area of the lot covered by buildings or other structures shall not exceed 75%.
§ 200-38 Front and side yards.
No front or side yards shall be required.
§ 200-39 Rear yards.
There shall be a rear yard of not less than 15 feet, or a distance equal to the height of the building, whichever shall be the greater.
§ 200-40 Building height.
No building shall be erected to a height in excess of three stories or 35 feet.
§ 200-41 Protection of residences.
No building or premises used for a business use shall have a business frontage on a public highway located within the residential district of the Incorporated Village of Roslyn Estates, except for display purposes and for a second means of exit, if required by the Labor Law of the State of New York, nor shall any driveway for entrance or exit from a lot or premises so used connect to or enter upon a public highway so located, and no wall of a building which faces a residence district shall be broken by windows or other openings except emergency exits for pedestrians.
§ 200-42 Signs.
No sign shall be placed, erected or maintained in a C-1 Business District except in conformity with the following requirements:
A.
No freestanding signs shall be allowed except for temporary "for sale" or "for rent" signs not exceeding nine square feet in area.
B.
Facial signs shall be affixed only to the main face of the building and shall not be visible from a residence district. No such sign or combination of signs shall exceed 75% of the length of the building face, but shall not be longer than 50 feet in any case. No sign shall exceed 24 inches in height.
[Amended 1-3-1978 by L.L. No. 1-1978]
C.
No letter on any sign shall exceed 12 inches in height or width.
D.
No facial sign shall project above the top of the building nor beyond the ends of the wall on which it is located.
E.
No sign or part thereof shall contain or consist of banners, posters, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices. Said devices, as well as strings of lights, shall not be used for the purposes of advertising or attracting attention when not part of a sign. Billboards, bulletin boards or similar sign boards are prohibited, except as may be erected by the Village or other governmental agency.
F.
There shall not be more than two signs for any business establishment.
G.
Signs affixed to the interior of display windows and signs on valances of awnings shall not be included within the scope of these regulations, provided that they are not illuminated.
H.
Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. Illuminated signs or any other illumination of buildings or parking areas shall be shielded so that no direct light rays shall penetrate a residence district. Exterior illumination of buildings and parking areas shall not exceed that necessary for security and safety. The Board of Trustees shall have the power to establish hours during which illumination shall be extinguished.
I.
Any person, corporation, partnership or association which seeks to erect a sign shall make written application to the Building Official on forms supplied by the Village. Such application shall be accompanied by an accurate drawing of the proposed sign with all necessary dimensions. Construction details of the sign structure and a location diagram showing the location of the sign on the building or premises shall also be provided. If the applicant is not the property owner, an affidavit from such owner granting permission for the sign shall be submitted with the application. No sign permit shall be issued until the fee has been paid to the Village Clerk.
[Amended 1-7-1985 by L.L. No. 4-1985]
J.
Modification. The Zoning Board of Appeals shall have the power to modify the provisions of this section, as provided elsewhere in this chapter.
K.
Unsafe signs. Upon finding that any sign regulated by this chapter is unsafe or insecure, or is a menace to the public, the Building Inspector shall give written notice to the named owner of the land or building upon which the sign is erected, who shall remove or repair said sign within 10 days from the date of said notice. If said sign is not removed or repaired, the Building Inspector shall revoke the permit herein provided for issuance for such sign and may remove or repair said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which such sign was located. The Building Inspector may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice.
§ 200-43 Lighting.
[Amended 8-12-2013 by L.L. No. 4-2013]
All exterior and interior lighting visible, either directly or reflected, beyond any property line of any structure in a C-1 Business District abutting a residence district must be extinguished at all times during the period from 11:00 p.m. on one day to 6:00 a.m. on the following day, or such lighting shall be screened or baffled in a manner approved by the Building Inspector so as to prevent such lighting from penetrating or being visible from any residence district.
§ 200-44 Garbage disposal.
Suitable storage space and containers shall be provided for the storage of garbage, refuse, rubbish, etc., so located that no odors or undue noises can affect the occupants of adjacent residential properties, but shall be approved as to size and location by the Building Inspector. Such storage containers may not be filled or emptied between the hours of 11:00 p.m. and 7:00 a.m. Garbage shall be stored in plastic bags and tied to prevent the escape of odors. Removal of all garbage, refuse and rubbish shall be the primary responsibility of the owner and at the owner's sole cost and expense.
§ 200-45 Screening and fencing.
[Added 9-12-1983 by L.L. No. 5-1983]
A.
Screening and/or fencing shall be required in any case where a nonresidential use abuts or faces residentially zoned property. Screening and/or fencing shall, normally, be located abutting the side, rear or front property lines, but may be located at the most appropriate place, as approved by the Building Department, to provide the most effective shield for the adjoining or facing residential premises, from car lights, noise sources and movement of traffic.
B.
Where fences, walls or barriers are used for screening, they shall be not less than eight feet in height and shall be visually solid. Fences and/or walls shall present the "good" unbroken or nonpost side to the residentially zoned property, and shall be maintained by the owner of the business zoned property in good condition.
C.
Upon application, the Zoning Board of Appeals may waive screening requirements of this section, upon a finding that such screening is not required for the protection of the adjoining property.