§ 85-433. Special permit criteria., Article XX. Business Districts, Chapter 85. Zoning, Land Use Legislation, Code of Ordinances, Brookhaven

Convenience store.

(1)

Freestanding convenience stores.

(a)

One off-street truck loading space with a minimum width of 12 feet and a minimum length of 40 feet shall be required. Aisles and turning areas shall provide adequate internal circulation, as determined by the Planning Board.

(b)

All aisles within parking areas shall have a minimum width of 24 feet.

(c)

A dumpster enclosure for one dumpster for rubbish, as well as one dumpster for cardboard recycling, unless adequate space for cardboard recycling storage can be demonstrated by the applicant within the convenience store. The dumpster enclosure shall consist of walls measuring eight feet in height, which complements the building facade.

(d)

Buffers and plantings shall be in accordance with § 85-50B(2)(b), except that the rear yard setback shall be 25 feet. Said buffers and plantings shall be maintained and dead or diseased plantings shall be replaced as necessary.

(e)

A minimum six-foot-high solid (opaque) fence shall be placed along any property line adjacent to a residential district or use.

(f)

Outdoor sales, storage and display of goods shall be prohibited.

(g)

Neon lights in windows shall be prohibited.

(h)

Waste receptacles for customer use shall be provided and maintained on site.

(i)

A maintenance plan shall be provided for management of litter and general upkeep of the premises.

(j)

The required minimum lot size shall be one acre, unless the Planning Board, in its discretion, and upon a finding of compliance with the criteria set forth in Subsection A(1)(a) through (h) above, and Article VIII, § 85-107, approves a small lot size of no less than one-half acre. In considering a lot size smaller than one acre, the Planning Board shall impose the following conditions:

[1]

Prohibitions against deliveries by tractor trailer;

[2]

Adequate area for traffic circulation;

[3]

Any other conditions as the Board determines will protect neighboring properties and enhance community character, including, but not limited to, architectural design and enhancements thereto.

(2)

Shopping center convenience stores and PADs.

(a)

Unless otherwise required by a previous site plan approval, a dumpster enclosure shall be provided for one dumpster for rubbish, as well as one dumpster for cardboard recycling, unless adequate space for cardboard recycling storage can be demonstrated by the applicant within the convenience store. The dumpster enclosure shall consist of walls measuring eight feet in height, which complements the building facade.

(b)

Outdoor sales, storage and display of goods shall be prohibited.

(c)

Neon lights in windows shall be prohibited.

(d)

Waste receptacles for customer use shall be provided and maintained on site.

(e)

A maintenance plan shall be provided for management of litter and general upkeep of the premises.

(f)

The minimum lot size shall be 65,000 square feet unless the Planning Board, in its discretion and upon a finding of compliance with the criteria set forth in Subsection A(1)(a) through (h) above and Article VIII, § 85-107, may approve a smaller lot size of no less than 0.75 acre. In considering a lot size smaller than 65,000 square feet, the Planning Board shall impose the following conditions:

[1]

Prohibitions against deliveries by tractor trailer;

[2]

Adequate area for traffic circulation;

[3]

Any such other conditions as the Board determines will protect neighboring properties and enhance community character, including architectural design and enhancements thereto.

Large commercial retailer.

(1)

A minimum of 35% of the site shall be maintained as natural and/or landscaped area.

Major restaurant (with or without drive-through facility).

(1)

A minimum landscaped area of 50 feet shall be maintained adjacent to all road frontages.

(2)

A minimum of 35% of the site shall be maintained as natural and/or landscaped area.

(3)

Architectural elevations shall be subject to the review and approval of the Planning Board, and/or shall be in compliance with the recommendation of the adopted local land use, hamlet or corridor study. Vivid and/or reflective colors shall be prohibited.

(4)

No exterior menu board signs shall be located within the required front yard setback.

(5)

No indoor or outdoor play area shall be located within 40 feet of any street line. No indoor or outdoor play area shall be located within a front yard.

(6)

A minimum natural or landscaped buffer area as required by the land development standards of this chapter.

(7)

Queuing lanes shall be separate and distinct from parking aisles.

Motor vehicle rental.

(1)

No more than five rental vehicles.

(2)

All rental vehicles shall be screened from view with a hedge, berm and/or decorative wall or fence in accordance with Town standards.

(3)

No repair or maintenance of rental vehicles permitted on site.

Indoor smoking establishments:

(1)

Shall be prohibited within a five-hundred-foot radius of any area zoned for residential use.

(2)

Shall be prohibited within a one-mile radius of another such use.

(3)

Shall be prohibited within 1,000 feet of the lot line of any premises used for a school, church or other place of religious worship, park, playground, or playing field, library, hospital or similar public or semi-public-place of general congregation, or non-degree-granting instruction/programs.

[Amended 2-14-2019 by L.L. No. 4-2019, effective 2-25-2019]

Outdoor or overnight parking of registered vehicles.

(1)

Outdoor or overnight parking of registered vehicles shall be set back a minimum distance of 50 feet from any roadway.

(2)

All outdoor or overnight parking of registered vehicles shall be screened from view with fencing, landscaping and in accordance with a site plan, which shall be subject to the review and approval of the Planning Board.

(3)

There shall be no outdoor or overnight parking of registered vehicles within the primary or secondary front yard.

Outdoor display.

(1)

All outdoor display shall be set back a minimum distance of 25 feet from any roadway. The entire portion of the outdoor display setback shall be landscaped in accordance with an approved site plan.

Outside seating as an accessory use to a take-out restaurant, restaurant, or major restaurant use.

(1)

Outside seating shall be permitted for food service purposes only.

(2)

Between the hours of 11:00 p.m. and 8:00 a.m., or within 1,000 feet of any residence district, outdoor loudspeakers, exterior live entertainment or dancing of any kind shall be prohibited.

(3)

Between the hours of 11:00 p.m. and 8:00 a.m., or within 1,000 feet of any residence district, outdoor seating shall be prohibited.

(4)

Outside seating shall be permitted on the subject parcel only.

Uses within a designated Redevelopment Initiative: Main Street Business District, Multifamily, Planned Retirement Community and Planned Retirement Congregate Housing Community.

(1)

The application shall obtain a minimum redevelopment achievement score of 101 points to 120 points.

(2)

The application shall provide a minimum redevelopment benefit potential score of 80 points.

(3)

Dimensional and density criteria required and specified in the J Business 6 (Main Street Business) District, MF Residence (Multifamily), PRC Residence (Planned Retirement Community) and PRCHC (Planned Retirement Congregate Housing Community) Districts for permitted uses and accessory uses shall be applicable.

(4)

Special permit criteria required and specified in the J Business 6 (Main Street Business) District, MF Residence (Multifamily), PRC Residence (Planned Retirement Community) and PRCHC (Planned Retirement Congregate Housing Community) Districts for special permitted uses shall be applicable.

(5)

A minimum of 10% of all units permitted shall be maintained as workforce or affordable units in accordance with Town standards.

(6)

The minimum outdoor recreational area shall be as regulated in MF Residence (Multifamily) and PRC Residence (Planned Retirement Community) Districts.