Stewart Manor City Zoning Code
ARTICLE IV
Use Regulations
§ 200-22 Permitted uses in Residential District; restrictions.
[Amended 11-13-2012 by L.L. No. 1-2012]
A.
In the Residential District, no building, lot or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used, except for one or more of the following uses:
B.
No structure or portion thereof used, intended or designed as a dwelling or a dwelling unit other than a one-family dwelling shall be erected on any lot.
C.
There shall be no more than one structure used, intended or designed as a dwelling or dwelling unit on any lot.
D.
There shall be no more than one above-grade kitchen and/or kitchenette in a one-family dwelling.
E.
No below-grade kitchens/kitchenettes shall be permitted.
F.
There shall also be no more than one gas meter and one electric meter in a one-family dwelling.
G.
There shall be no more than two gas meters and two electric meters in a two-family dwelling.
§ 200-23 Permitted uses in Business District; restrictions.
[Amended 4-6-2009 by L.L. No. 1-2009]
A.
In the Business District, no building, lot or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses:
(1)
Stores for conducting any of the following retail sales: gifts, clothing, dry goods, shoes, hardware, florist, pharmaceuticals, jewelry, antiques, newspapers and magazines, tobacco, liquor, furniture, home appliances, art and art supplies, decorator goods, paints, stationery, books, furs, toys, floor coverings and rugs, electronics, optical goods.
(2)
Shops for conducting any of the following personal services: barbershop, beauty salon, nail salon, shoe repair, custom tailoring, dressmaking and millinery, retail laundry, dry cleaning, travel agency, real estate office, retail printing.
B.
In the Business District, a building may be erected, altered or used for any purpose set forth in this subsection but only when authorized by the Board of Trustees as a special use after a public hearing:
(1)
General business office.
(2)
Medical office.
(3)
Retail store which prepares, stores or sells food.
(4)
Restaurant, coffee shop, tavern, bar and grill.
(5)
Banks and financial institutions.
(6)
Government or municipal buildings.
(7)
Houses of worship.
(8)
Educational institutions.
(9)
Places of public assembly.
D.
Adult uses.
(1)
Notwithstanding any provision to the contrary contained in this section, the following adult uses shall be prohibited within the Business District:
(a)
Adult bookstore. For purposes of this subsection, an adult bookstore shall be defined as an establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
(b)
Adult entertainment cabaret. For purposes of this subsection, an adult entertainment cabaret shall be defined as a public or private establishment which presents topless dancers, bottomless dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainments, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
(c)
Adult novelty store. For purposes of this subsection, an adult novelty store shall be defined as an establishment having as a substantial or significant portion of its stock-in-trade adult novelties or materials as such are defined in § 235.00, Subdivision 2, of the Penal Law of the State of New York, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
(d)
Body-piercing salon. For purposes of this subsection, a body-piercing salon shall be defined as an establishment which performs piercing activities upon body parts and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
(e)
Head shop. For purposes of this subsection, a head shop shall be defined as an establishment having as a substantial or significant portion of its stock-in-trade drug paraphernalia or accouterments, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.
(f)
Massage establishment. For purposes of this subsection, a massage establishment shall be defined as any establishment having a fixed place of business where massages are administered for pay, including, but not limited to, massage parlors, sauna baths and steam baths. This definition shall not include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
(g)
Peep shows. For purposes of this subsection, a peep show shall be defined as a theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes minors by reason of age.
(h)
Tattoo parlor. For purposes of this subsection, a tattoo parlor shall be defined as an establishment which performs tattoo activities and which is not open to the public generally but excludes minors by reason of age.
(i)
Hookah bar. Any facility or location whose business operation, whether as its primary use or as an ancillary use, includes the smoking of tobacco or other substances through one or more hookah pipes (also commonly referred to as a "hookah," "waterpipe," "shisha" or "narghile"), including, but not limited to, establishments known variously as "hookah bars," "hookah lounges" or "hookah cafes."
[Added 9-5-2017 by L.L. No. 4-2017]
(j)
Vape shop. Any facility or location whose business operation, whether as its primary use or as an ancillary use, includes the smoking or selling of electronic cigarettes, vapors, e-liquids, otherwise legal marijuana derivatives, or other substances that are smoked through an electronic cigarette or any similar product.
[Added 9-5-2017 by L.L. No. 4-2017]
(k)
Marijuana retail store. A building, structure or premises engaged in the sale, use or distribution of marijuana and/or marijuana products for nonmedical use. A building, structure or premises shall be considered a marijuana retail store regardless of whether products in addition to marijuana products are offered for sale, use or distribution at the building, structure or premises and regardless of the amount of marijuana or marijuana products available for sale, use or distribution at the building, structure or premises in comparison to other products offered for sale, use or distribution at the building, structure or premises.
[Added 4-1-2019 by L.L. No. 1-2019]
(l)
Medical marijuana dispensary. A building, structure or premises authorized by the New York State Department of Health to dispense or distribute medical marijuana in accordance with Article 33 of the Public Health Law and Part 1004 of Title 10 of the New York Codes, Rules and Regulations.
[Added 4-1-2019 by L.L. No. 1-2019]
(m)
Marijuana. The term "marijuana" shall have the same definition ascribed to "marihuana" in § 3302 of the New York Public Health Law.
[Added 4-1-2019 by L.L. No. 1-2019]
(n)
Marijuana product. Marijuana and/or any material, substance or other thing derived (in any manner) from marijuana or which contains marijuana as a component part in any amount or concentration.
[Added 4-1-2019 by L.L. No. 1-2019]
(o)
Medical marijuana. The term "medical marijuana" shall have the same definition ascribed to "medical marihuana" in § 3360 of the New York Public Health Law.
[Added 4-1-2019 by L.L. No. 1-2019]
(2)
The above list of adult uses is not intended to be an exhaustive list of adult uses sought to be regulated by this section. If, upon review of a building application, the Superintendent of Buildings determines that the application is for the establishment of an adult use, the provisions of this section shall apply to same.
E.
No business shall be conducted in the basement of any establishment in the Business District except for safe deposit storage in a bank. Basements may be used for storage of materials and goods.
F.
No business shall be conducted outside of a building or through an opening from the inside to the outside of the building.
G.
No building in the Business District shall be erected unless it has a floor area of at least 1,200 square feet.
§ 200-23.1 Special permits.
[Added 5-5-2009 by L.L. No. 11-2009]
A.
Applications for special permits.
(1)
Where a special permit is required by any provision of this chapter, an application for such permit shall be made to the Board of Trustees.
(2)
Application. Any application for a special permit shall be made in writing and contain such information and be in such form as may be required by the Board of Trustees.
(3)
Applicant. An application for a special permit shall be made only by the owner of the property involved or by an agent authorized in writing by the owner or by a person, firm or corporation or other business entity under bona fide contract to purchase the same.
B.
Public hearing. Before any decision on or authorization of a special permit, the Board of Trustees shall hold a public hearing after due notice. Notice shall be provided by the applicant to all those record owners within 100 feet of the property which is the subject of the application by certified mail, return receipt requested, not less than 15 days before the public hearing. Proof of service shall be presented at the public hearing.
C.
Standards. The Board of Trustees, in its consideration of and decision on an application for a special permit, shall be guided (without limitations) by the following standards and considerations:
(1)
The purposes of zoning set forth in the Village Law of the State of New York.
(2)
That the proposed use is of such character, size, location, design and site layout as to be appropriate to and in harmony with the surrounding properties, the neighborhood and the Village.
(3)
That the proposed use is or will be necessary or desirable to the neighborhood or Village in that it will provide a service, facility or convenience or otherwise contribute to the proper growth and development of the community and to its general welfare.
(4)
That the proposed use shall not be hazardous, inconvenient, conflicting or incongruous to the surroundings, neighborhood or Village by reason of excessive traffic, assembly of persons or vehicles, proximity to normal travel routes or congregation of children or pedestrians.
(5)
That the location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout and its relation to streets giving access to it will not be hazardous or inconvenient to the residential character of the neighborhood or conflict with the normal traffic on the residential streets.
(6)
That the proposed use, site layout, location, heights, signs, walls, fences and landscaping will not hinder or discourage the appropriate use and development of adjacent uses or impair the value thereof.
(7)
That the proposed use, site layout, location, size or operation will not be objectionable to nearby dwellings by reason of noise, lights or other factors of impact.
(8)
That the proposed use, location, size, site layout and nature of use will be a harmonious part of the district in which it is to be situated.
(9)
That the location and size of the use, the nature and intensity of the operations in or conducted in connection with it, its site layout and its relation to streets giving access to it will be such that vehicular traffic will not be more hazardous than the normal traffic of the district, taking into account such factors as street intersections, traffic flow, sight distances and pedestrian traffic.
D.
Authority.
(1)
The Board of Trustees, pursuant to this article, may authorize a special permit and, furthermore, may impose such conditions, modifications and safeguards as it deems appropriate, necessary or desirable to preserve the intent of this chapter.
(2)
The Board of Trustees shall not authorize any special permit for any use or purpose that is not specifically permitted in this chapter.
(3)
Any decision with regard to an application for a special permit shall be by a resolution of the Board of Trustees and shall include a statement of the reasons therefor.
(4)
The Board of Trustees may make such rules as it deems appropriate for implementing this section.
E.
Expiration, lapse, extension and reinstatement of special permit. Any special permit granted pursuant to this chapter shall automatically expire and be of no further force and effect six months after the granting thereof unless, within such six-month period, substantial construction shall have been commenced. Such construction must be completed within one year of the date of commencement of substantial construction. If construction is not completed within the one-year period, the special permit shall automatically expire and be of no further force and effect. The Board of Trustees shall be authorized, upon application and without hearing, to grant extensions of the special permit for periods not to exceed six months in duration or to reinstate a lapsed special permit for good cause shown. Any special permit issued prior to the effective date of this section shall be deemed to have been issued on such effective date.
F.
Extinguishment of special permit. Whenever a use established pursuant to a special permit shall have been abandoned for a term of six months, or whenever the location of such a use is substantially destroyed, the land, building or structure in which said use shall have existed shall not thereafter be used for the previously established special use. Such six-month period of abandonment may be discontinued only by 30 or more consecutive business days of operation. A use shall be substantially destroyed if the cost to repair and replace the structure exceeds 50% of the current structural replacement value thereof.
G.
Revocation of special permit. Any special permit granted pursuant to this chapter shall be revocable on the order of the Board of Trustees at any time upon the failure of the owner or the operator of the use or structure covered by the special permit to observe all requirements of this chapter with respect to the maintenance and conduct of the use or structure or upon failure to observe all conditions in connection with such permit, the Board of Trustees shall give the holder of the special permit at least 10 days' written notice of violation. If within such 10 days the special permit holder so requests, the Board of Trustees shall hold a hearing on the revocation of such special permit and shall give the applicant for the hearing at least 10 days' written notice thereof either by certified mail, return receipt requested, or by personal service. The foregoing provisions shall not be deemed to preclude the use of any other remedy prescribed by law or by this chapter or of any conditions of the special permit. The violation of any condition imposed by the Board of Trustees as part of a special permit shall constitute a violation of this chapter.
H.
Reimbursable expenses. No special permit shall be issued pursuant to the provisions of this section until all expenses incurred by the Board of Trustees for consultation fees (including engineering, architectural and legal) or other extraordinary expenses in connection with the review of the application are reimbursed to the Village by the applicant. At the time of application, the applicant shall deposit with the Village Clerk such amount to cover consultation fees and extraordinary expenses as shall be established, from time to time, by resolution of the Board of Trustees. In instances where such expenses are minimal, the requirement for reimbursement of expenses may be waived by resolution of the Board of Trustees.
I.
Fees. In every case, matter, appeal or application brought before the Board of Trustees for determination or action, the applicant shall be required to pay the fees as set forth in the current Village Fee Schedule. The payment of any fee or deposit in connection with the application shall be a condition precedent to the acceptance of the application.
§ 200-24 Noxious and offensive uses.
No permitted use shall be used in a manner as to be detrimental to neighboring properties, nor shall it be so conducted as to be noxious or offensive by reason of odor, dust, smoke, gas, vibration, noise, glare or flashing lights.