§ 85-380. CD Commercial District.

A. 

Application of this section. The provisions of this section shall apply to all commercial properties on the Great South Beach, Town of Brookhaven, New York.

B. 

Legislative intent. The Town Board of the Town of Brookhaven recognizes that commercial development in the Town should provide necessary conveniences and services to the residents of the Town. Furthermore, in order to protect the viability of existing business on Fire Island and to preserve and protect the residential character of the Great South Beach, yet enhance the character and appearance of its business districts, the Town Board of the Town of Brookhaven hereby enacts regulations designed to control the proliferation of business inconsistent with the objectives of the Town of Brookhaven and to allow the proper development of businesses which provide necessary public services and are consistent with the predominantly residential community on the Great South Beach.

C. 

Permitted uses. In the CD Commercial District, no building, structure or premises shall be used or occupied and no building or part thereof or other structure shall be erected or altered except for one or more of the following uses:

(1) 

Uses permitted in the RD Residential District under § 85-378C.

(2) 

Stores in which goods, services and commodities are sold at retail in support of community living.

(3) 

Professional offices.

(4) 

Churches, schools, libraries and community buildings.

(5) 

Telephone exchanges, electric substations, public utility buildings or structures other than public business offices, garages or storage yards when authorized by special permit from the Zoning Board of Appeals upon the recommendation of the advisory committee(s) in the area(s) directly affected.

(6) 

Offices, banks and theaters.

(7) 

Restaurants, dance halls and discotheques.

(8) 

Shops for custom work and for making articles to be sold at retail on the premises.

(9) 

Ferry slips, boat docks and other transportation terminal facilities.

(10) 

Art galleries, exhibit halls, artists' and photographers' studios and historical or memorial monuments.

(11) 

Accessory uses.

(a) 

The following accessory uses shall be permitted when located on the same lot with the authorized use:

[1] 

Buildings for storing products or merchandise incidental to the authorized use.

[2] 

Signs as regulated in § 85-382J of this article.

[3] 

Other customary uses, structures and buildings, provided that such uses are clearly incidental to the principal use and do not include any activity commonly conducted as a business.

(b) 

Nothing herein contained shall be construed to permit the creation, alteration, addition, maintenance or use of any premises which shall provide open-air, outside service, outside display, outside or window service unless specifically authorized by the Zoning Board of Appeals, which may receive and give due consideration to the recommendation of the advisory committees of the community areas affected.

(12) 

A bed-and-breakfast establishment as defined in § 85-1 and restricted by § 85-257. A bed-and-breakfast in a CD District will be subject to the conditions of a special permit issued by the Board of Zoning Appeals.

D. 

Prohibited uses. Consistent with the objectives of the Town of Brookhaven, buildings or land hereafter may not be altered, changed, expanded, converted, constructed or used for any of the following purposes:

(1) 

Two-family dwellings.

(2) 

Apartments, multiple dwellings and condominiums.

(3) 

Showers, lockers, changing rooms and bathhouses.

(4) 

Guesthouses, boardinghouses, lodging houses and hotels.

(5) 

Uses which are designed for manufacturing or industry or which are dangerous, unsafe or harmful to persons, health or property.

(6) 

Stores in which goods, services and commodities are sold at retail above the ground floor.

(7) 

Those uses not expressly permitted herein.

E. 

The following uses shall be permitted when authorized by special permit from the Board of Appeals:

(1) 

All uses permitted and as regulated in the RD Residential District.