No use shall be permitted in the PAD or I District that does not conform to the following standards of use, occupancy and operation hereby established as the minimum requirements to be maintained.
A. 
Industrial wastes. No solid, liquid, chemical, industrial or gaseous wastes or substances shall be discharged into any public sewer, private sewage disposal system, stream or on or into the ground or into the air, except in accordance with the standards approved by the New York State Department of Health and Environmental Conservation or a similarly empowered agency.
B. 
Fire and explosion hazards. All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in the industry.
C. 
Radioactivity or electromagnetic disturbance. No activities shall be permitted which emit dangerous radioactivity beyond the structure in which such activity is situated or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
D. 
Glare and heat. No glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated.
A. 
A side or rear yard in a B-1 or B-2 District adjacent to a residential district or an apartment in an RM District adjacent to a R-50 or R-100 District shall have a minimum width or depth of 20 feet, which shall be landscaped and free of pavement, and that part nearest the residential district shall be planted with a screen of evergreens having a uniform height of not less than five feet above ground level at the time of planting and set in a double staggered row, spaced eight feet apart in each row, and shall be properly maintained to afford an effective screen between the two districts. In a B-2 District, no parking shall be permitted within 10 feet of a street line.
B. 
Where a plot on which is located an industrial use or parking area for an industrial use abuts a residential use in any residential district or PAD District, a landscaped buffers area 100 feet in width, exclusive of paved areas, shall be required along the side and rear lot lines which abut said residential use. That part nearest the residential district or use shall be planted with a mix of tall and understory trees and low shrubs. The Planning Board will review the landscaping for its ability to screen the site and to provide an attractive buffer area.
A. 
Each principal building shall have uninterrupted frontage upon a street or court; if said frontage is upon a court, the least dimension of said court shall be not less than twice the average height of the opposite bounding walls.
B. 
If the rear of any principal building shall be opposite any other principal building, it shall be distant therefrom not less than twice the average height of the opposite bounding walls.
C. 
The side of a principal building, if opposite the side of another principal building, shall be separated therefrom by a distance not less than the average height of the opposite bounding walls.
D. 
There shall be provided on the townhouse or apartment building site usable open space at the rate of 700 square feet per dwelling unit. For every dwelling unit containing three or more rooms, there shall be provided usable open space for an outdoor play area for children at the rate of 100 square feet per dwelling unit. Such outdoor play area for children shall not be less than 25 feet in its least dimension and shall be reserved and maintained by the owner or home association and may be suitably fenced or screen planted. Such outdoor play area for children may be counted as part of the required usable open space per dwelling unit.
E. 
The required lot area per dwelling unit shall be 2,500 square feet.
F. 
Apartment dwelling units containing two or more bedrooms shall not exceed 70% of the total number of units in an apartment complex located on a single lot.
G. 
Fire-retardant walls constructed of cinder block or similar material approved by the Planning Board shall be used to fully separate all dwelling units in townhouses and apartment buildings. Such walls shall extend the full height of said structure.
A. 
Standards. Minimum habitable dwelling space for all types of dwelling units shall be subject to Column 8 of the Schedule of District Regulations.[1]
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
B. 
Additions. An addition to an existing dwelling shall be permitted even though the addition does not increase the habitable dwelling space or floor area to meet the minimum habitable dwelling space requirements of the Village of Harriman.
C. 
Measurement of habitable dwelling space. Habitable dwelling space shall be calculated in floor area and shall be subject to the following restrictions:
(1) 
The minimum clear ceiling height of habitable dwelling spaces shall not be less than seven feet six inches in the first story and not less than seven feet four inches in upper stories.
(2) 
In computing the dwelling space of half stories or attics, all portions less than five feet in height shall be disregarded.
(3) 
The floor of a cellar, garage, porch or similar part of an attachment to a dwelling shall not be counted as habitable dwelling space.
(4) 
In calculating habitable dwelling space, the floor area shall be measured from the outside face or center of the walls enclosing each dwelling and may include all closet space and storage areas contained within the dwelling or apartment unit, but shall not include outside patios, balconies or terraces. In the case of dwelling units above business uses or apartment buildings, utility rooms or interior hallways used jointly by occupants of more than one dwelling unit in such building shall not be included in the measurement of habitable dwelling space.
In all cases for all districts, live entertainment involving the exposure of any to view any portion of the pubic area, anus, vulva or genitals or any portion of the breast below the top of the areola or any simulation thereof is prohibited.[1]
[1]
Editor's Note: See Ch. 45, Adult Bookstores and Adult Uses, for regulations regarding licensing, location and design standards for adult uses.
[Added 4-27-2010 by L.L. No. 2-2010]
A. 
Permit required; restrictions.
(1) 
No sidewalk or outdoor cafe shall be allowed to operate in any outdoor area unless a permit has been obtained from the Board of Trustees. Unless approved as part of a site plan approval by the Planning Board.
(2) 
Any request for the use of such an area for such purpose shall be made in writing to the Board of Trustees in the form of a permit application or shall be incorporated within an application for site plan or land use approval presented to the Planning Board.
B. 
Rules and regulations.
(1) 
Any application for a permit to operate a sidewalk or outdoor cafe shall be made to the Board of Trustees, in writing, on the application form provided by the Village.
(2) 
The application may, in the Board of Trustees' discretion, contain the following information:
(a) 
The name, address and telephone number of the applicant.
(b) 
The name, address and telephone number of the restaurant to be the subject of the application.
(c) 
The days and hours for which the permit is requested.
(d) 
The number of tables and chairs desired for this area and a rendering of positions of tables relative to entrances, exits and the sidewalk.
(e) 
A description of the facilities and equipment to be used, including whether live or mechanically reproduced music is to be played and other devices needed for amplification of sound, when applicable.
(f) 
A site plan and building plans drawn to scale showing proper clearance around the ingress and egress to buildings and to fire safeguards, and the proper amount of clearance on sidewalk for pedestrian traffic.
(g) 
Proof of insurance in the amount required by the Board of Trustees.
(h) 
An indication of all fixtures, such as fencing, decking or planters to be used, and an indication of whether or not they will be removed when the cafe is closed.
(i) 
A survey map indicating property lines and that property which is owned by the applicant and that which is Village-owned.
(j) 
Any other information that the Board may find reasonably necessary for the fair determination as to whether a permit should be issued.
C. 
Standards for issuance of permit. The following standards shall apply:
(1) 
The proposed sidewalk or outdoor cafe will not unreasonably interfere with the pedestrian traffic or use of the Village-owned portion of property to be used.
(2) 
The applicant has met all other applicable provisions in this section and those in the Building Code and the Zoning Ordinance and shall be circulated to the Department of Public Works, Building Inspector, and Police Chief for their review and comment.
(3) 
The applicant demonstrates that the additional seating will not overburden the available parking or that sufficient seats have been temporarily removed from the approved interior capacity to offset the additional outdoor cafe seats.
(4) 
Effect of permit. A permit holder shall be bound by all applicable rules, regulations, ordinances, local laws and statutes. The permit may be conditioned on modifications or restrictions intended to ensure compliance with the applicable provisions of the Village Code and the general protection of the health, safety and welfare of the citizenry.
D. 
Survey. Each application shall be supported by a survey or other drawing depicting the location of the proposed seating and other facilities or suitable scale drawing.
E. 
Owner endorsement. Each application to the Village Board of Trustees shall contain the authorization of the property owner who or which shall be liable for any review fees incurred by the Village in connection with the processing of the application not limited to but including engineer and attorney fees incurred by the Village.
F. 
Fee. The annual fee for processing the application to the Village Board of Trustees for an outdoor cafe permit shall be $75.
G. 
Liability of permit holder; insurance. The person or persons to whom a permit for a sidewalk cafe is issued shall be liable and shall indemnify the Village for any loss, damage or injury sustained by a person or persons to whom the permit shall have been issued. The applicant for a permit shall present to the Village a certificate of insurance, naming the Village of Harriman as an additional insured, prior to the issuance of the permit, in the amounts for liability insurance of not less than $1,000,000 for each person, and $1,000,000 for each accident and for property damages in an amount not less than $250,000 with an aggregate of $500,000 for each injury.
H. 
Revocation or suspension of permit. The Building Inspector's office and the Police Department shall be responsible for monitoring compliance with the terms of this section and applicable rules and regulations. The Board of Trustees and/or Building Inspector shall have the authority to revoke or suspend a permit upon the finding of a violation of any applicable rule, regulation, ordinance, local law or statute or upon good cause shown.
I. 
Appeal from denial, revocation or issuance of permit. Appeals from the issuance, denial, revocation or other condition of a permit may be taken to the Zoning Board of Appeals (ZBA) by any aggrieved person within 30 days from the date of the issuance, denial or revocation by filing a written notice with the Board on forms prescribed by the Board.
J. 
Suspension pending hearing. The Building Inspector shall have the authority to suspend any permit for a pending hearing where public safety, in the judgment of the Building Inspector, is imperiled. The notice of suspension shall recite sufficient facts relevant thereto to provide the licensee with notice.
K. 
Notification of permit application; issuance; posting. Upon receipt of a permit application, the Board of Trustees shall send a copy of the application to the Building Inspector and Police Chief. Comments and recommendations shall be accepted for a period of 14 days from the date of distribution. Notice of permit issuance, with any conditions or restrictions attached, will be similarly distributed. The permit holder shall post the permit upon issuance on the establishment so that it is visible from the street and shall keep the same posted for the term of the permit.
L. 
Trash; maintenance of premises. Property shall be cleaned and kept refuse-free, and no large containers for trash shall be placed on the cafe premises. At the expiration of the term of the permit, all Village-owned property shall be restored to its original condition prior to the commencement of the cafe permit. Public property shall not be altered in any way during the term of the permit.
M. 
Hours of operation.
(1) 
Residential/mixed-use districts. Cafes located in residential/mixed-use districts shall be open for business not before 8:00 a.m. and shall terminate by 9:00 p.m.
(2) 
Nonresidential districts. Cafes located in nonresidential zoning districts shall be open for business not before 8:00 a.m. and shall close by 2:00 a.m.
N. 
Music, lighting and outdoor cooking.
(1) 
Residential/mixed-use districts. Cafes located in residential/mixed-use districts shall not use music or noise amplification devices, and no music or entertainment of any type is permitted outdoors. Lighting shall be minimal and shall be installed so that direct or indirect illumination from the source of light shall not cause illumination in excess of 0.5 footcandle on any abutting property. No outdoor cooking of any type is permitted in sidewalk or outdoor cafes.
(2) 
Nonresidential Districts. Cafes located in nonresidential zoning districts shall be allowed to provide music, so long as it is not of type or volume as to violate any applicable law or ordinance, such as the Village's Noise Ordinance,[1] or create a nuisance to surrounding residents or property owners. Lighting shall be minimal and shall be installed so that direct or indirect illumination from the source of light shall not cause illumination in excess of 0.5 footcandle on any abutting property. No cooking of any type is permitted in sidewalk or outdoor cafes.
[1]
Editor's Note: See Ch. 94, Noise.
(3) 
Fixtures, furnishings and signage. All fixtures and furnishings must be of a temporary nature, capable of being brought in at closing time and, if located on Village property, must be brought in and stored during nonoperational hours. No objects except a retractable awning and lighting fixtures may be permanently attached to the exterior. All planters, railings and fences must be temporary and not exceed a height of four feet. No additional signage shall be permitted to be affixed to a cafe's temporary structure or accessories. Outdoor cafes and those cafes operating entirely on private property are excepted from the above requirement of this section.
O. 
Penalties for offenses.
(1) 
Any person violating the provisions of this section may be issued a notice of violation by the Village Building Inspector or police, and if such violation continues beyond the time stated in the notice of violation for its abatement, it shall constitute an offense against the provisions of this section.
(2) 
An offense against the provisions of this section shall constitute a violation and shall be punished by a fine not to exceed $250, immediate revocation or suspension of permit privileges, and/or a jail term not to exceed 10 days or a term of community service or by a civil compromise after a hearing on the violation.
P. 
Permits; term; renewals. Permits issued by the Village Board of Trustees may be issued on or after January 1 of each year. All permits, regardless of when issued, shall expire on December 31.