ARTICLE XII E Business Districts | |||||||
§213-129. Permitted uses. [Amended 7.7-1970 ; 6 -7-1977]
| |||||||
| |||||||
In an E Business District, no building or premises shall be used and no building shall be hereafter erected or altered unless otherwise provided in this chapter, except for one or more of the following uses: | |||||||
| |||||||
A. Shops and stores for the sale of retail or consumer merchandise and services.
| |||||||
| |||||||
B. Personal service shops such as barbershops, beauty parlors and like services.
| |||||||
| |||||||
C. Banks, theaters and offices. [Amended 10-7-1980]
| |||||||
| |||||||
D. Undertaking establishments.
| |||||||
| |||||||
E. Minor garages.
| |||||||
| |||||||
F. [Amended 5-3-1983] The following uses, when allowed as special exceptions by the Board of Appeals, subject to conditions, restrictions and safeguards as may be imposed by the Board of Appeals:
| |||||||
| |||||||
(1) Hospitals and clinics, convalescent homes and nursing homes and day nurseries.
| |||||||
| |||||||
(2) Veterinarians, kennels and pet shops, animal hospitals and cemeteries.
| |||||||
| |||||||
(3) Broadcasting stations, golf courses, private, country and yacht clubs and marinas.
| |||||||
| |||||||
(4) Shops and stores for the sale of merchandise and services at wholesale.
| |||||||
| |||||||
(5) Public garages.
| |||||||
| |||||||
(6) Places of amusement, recreation and assembly halls.
| |||||||
| |||||||
(7) Sales, storage, display and service of new and used automotive equipment, including automobiles and gasoline-driven cycles and carts, trucks and agricultural and garden equipment.
| |||||||
| |||||||
(8) Commercial video game centers. [Added 9-7-1983]
| |||||||
| |||||||
G. On-premises food and beverage consumption establishments, when permitted by special exception by the Planning Board pursuant to Article XXVI of this chapter, subject to such conditions, restrictions and safeguards as may be imposed by the Planning Board. [Amended 10-7-1980; 8-11-2000 by L.L. No. 17-2000]
| |||||||
| |||||||
§213-130. Residential uses prohibited. [Amended 9-12-1989]
| |||||||
| |||||||
A. In an E Business District, buildings used for residential purposes, in whole or in part, shall be strictly prohibited. Any building used for residential purposes in an E Business District, prior to the effective date of this section, shall be a nonconforming use and shall conform to the lot area, width and all yard requirements at least equal to those in a C Residence District.
| |||||||
| |||||||
B. Notwithstanding any of the above, a nonconforming use which shall be discontinued for more than six months shall thereafter be determined to be illegal and in violation of this section.
| |||||||
| |||||||
§213-131. Building height. [Amended 11-8-1975 ; 5 -15-1990]
| |||||||
| |||||||
In a E Business District, no building or structure hereafter erected or altered shall exceed 35 feet or three stories. | |||||||
| |||||||
§213-132. Lot area
| |||||||
| |||||||
In an E Business District, no building shall be erected or altered on a lot having an area of less than 10,000 square feet or upon a lot having a frontage of less than 50 feet. | |||||||
**Webmasters Note: Sections 213-128 through 213-132 has been amended as per Supp. Dated 10-20-2000. | |||||||
| |||||||
§213-133. Front yards.
| |||||||
| |||||||
A. In an E Business District, the required front yard shall be not less than twenty-five (25) feet. If the street frontage on the same side of the street between the two (2) nearest intersecting streets shall have been improved with two (2) or more business buildings or in the event that building permits shall have been issued therefor and work commenced thereon, not less than the average front yard depth as so established by such existing or permitted buildings shall be maintained; provided, however, that any such front yard depth shall not be required to be more than thirty-five (35) feet.
| |||||||
| |||||||
B. In a case where a new street line with respect to a lot has been created by the acceptance by the town or the County of Suffolk of the dedication of an area designed for public off-street parking, the required depth of front yard along such new street line shall be not less than ten (10) feet; provided, however, that such dedicated area shall be not less than fifty (50) feet in depth for a distance of at least eighty percent (80%) of the width of the lot.
| |||||||
| |||||||
C. In the case of facade or facade-related improvements in Town Board designated commercial facade improvement areas, there shall be no minimum front yard setback requirements. [Added 5-15-84]
| |||||||
| |||||||
§213-134. Double front lots.
| |||||||
| |||||||
In an E Business District, the required front yard for a double frontage lot shall be provided for on both streets. | |||||||
| |||||||
§213-135. Corner lots.
| |||||||
| |||||||
In an E Business District, corner lots shall have a front yard on each street as is provided for in § 213-133, and notwithstanding anything to the contrary therein contained, each such front yard shall be not less than ten (10) feet. | |||||||
| |||||||
§213-136. Side yards.
| |||||||
| |||||||
In an E Business District, there shall be two (2) side yards, one (1) on each side of the building, the total width of both to be fifteen (15) feet, and no one (1) side shall be less than three (3) feet wide. | |||||||
| |||||||
§213-137. Rear yards.
| |||||||
| |||||||
In an E Business District, there shall be a rear yard having a minimum depth of fifty (50) feet; provided, however, that in the case of a lot held in single and separate ownership on July 25, 1954, having an average lot depth of less than one hundred (100) feet, a business building may be built thereon with a rear yard of not less than ten (10) feet. The rear yard may be used for the purpose of off-street parking and loading space. | |||||||
| |||||||
§213-138. Building area.
| |||||||
| |||||||
In an E Business District, the total building area shall not exceed sixty percent (60%) of the total lot area. | |||||||
| |||||||
§213-139. Accessory buildings.
| |||||||
| |||||||
In an E Business District, accessory buildings may occupy twenty-five percent (25%) of the required rear yard up to an average height of eighteen (18) feet. The yard area allowed for such accessory buildings shall be included in computing the percentage of lot area to be built upon; provided, however, that no building of any kind or nature shall be built within three (3) feet of any lot line. | |||||||
| |||||||
§ 213-140. Security gates; restrictions; phaseout.
| |||||||
[Added 8-10-2004 by L.L. No. 23-2004] | |||||||
| |||||||
A. No solid metal barrier, screen or cover shall be erected or maintained in front of or behind doors, windows or other openings of any building located within a business district.
| |||||||
| |||||||
B. All security gates shall be of a mesh-type as will not prevent the viewing of the interior of the premises from outside the premises.
| |||||||
| |||||||
C. When a security gate is not in use, it shall be removed or stored in such a manner so as not to be visible from the exterior of the premises.
| |||||||
| |||||||
D. No security gate shall be placed in such a manner that it blocks any active emergency exit at any time during which the business is open to the public or to any employees.
| |||||||
| |||||||
E. All installations of any security gate must be preceded by the issuance of a building permit from the Building Department and must be in accordance with the standards set forth by the New York State Uniform Fire Prevention and Building Code and this Code.
| |||||||
| |||||||
F. All security gates which have been installed in accordance with a duly issued building permit and which are in existence prior to August 10, 2004, and which do not comply with the provisions of this section shall be made to comply with the provisions of this Code on or before August 10, 2009, or they shall be removed. All security gates installed without a building permit shall be removed immediately.
| |||||||
**Webmasters Note: The previous section has been added as per Ordinance No. 23-2004. | |||||||
| |||||||
§213-141. Applicability to Ea District.
| |||||||
| |||||||
In an Ea Business District, all of the uses and other regulations applicable to an E Business District shall apply, except that the front setback shall be sixty (60) feet. | |||||||
| |||||||