City of Yonkers, NY Article VII Special Use Permits

§ 43-50 Special use permit required.

Special uses for which conformance to additional requirements is mandated by this chapter (see § 43-27 and Tables 43-1 and 43-2)[1] shall be permitted in their respective districts, subject to the satisfaction of the conditions and standards set forth in this section in addition to all other requirements of this chapter. All such special uses are declared to possess characteristics of such unique and special form that each specific special use shall be considered as an individual case. All uses for which a special use permit is required shall also be subject to site plan review as set forth in Article IX of this chapter.

[1] Editor's Note: Tables 43-1 and 43-2 are included at the end of this chapter.

§ 43-51 Approval agencies.

The approving agency for all special use permits shall be the Planning Board of the City of Yonkers. However, such permit shall not be valid nor take effect until the Yonkers City Council approves the issuance of such permit by an affirmative resolution, as described herein.

§ 43-52 Review procedure.

A. Submission of an application. Applicants are encouraged to submit a preliminary, informal application and to discuss it with the Planning Board prior to formal submission of a complete and detailed special use permit application. Formal and informal applications for a special use permit shall be made to the Department of Housing and Buildings for zoning compliance review. Twelve such copies shall be submitted. Such a submission shall include a site plan, as well as a written statement describing the nature of the proposed special use and how it will serve to implement the purposes of this chapter. Following compliance review, the application shall be forwarded to the Planning Bureau for a determination of completion.

B. Reviews.

(1) Informal review. There shall be no statutory time limit for the review of informal applications, nor the need to make a determination of whether the application is complete. However, the Director of Planning may request that further information be provided in order for the Planning Board to review the special use permit application and site plan and to provide commentary thereon. When sufficient information has been provided to the Planning Director, he or she shall forward copies thereof to the Planning Board and set it down for informal review at the next meeting for which sufficient time can be set aside for such informal review. The Planning Board, at its discretion, may request the applicant to make a brief informal presentation of the salient information provided in the special use permit application or concept site plan, whereafter members of the Planning Board may comment on the application or plan. At the request of the Planning Board, the Planning Director or his or her agent, or members of other advisory review boards, may also provide commentary thereon. The public shall be permitted to attend such informal reviews but shall only be permitted to comment at the discretion of the Chairperson of the Planning Board. No decisions, resolutions or other formal action shall be taken at such informal review. No statement, comment or other communication made during such informal review shall be binding upon any party but shall be provided solely to expedite and assist the applicant in preparing the special use permit application and the site plan application for formal submission to the approving agency.

(2) Formal review. If a formal application is determined to be complete by the Planning Bureau, the application shall be forwarded to the Planning Board. An application shall be considered officially submitted and received on the date of the next meeting of the Planning Board following such forwarding. The required period of time for review and decision, as provided herein, shall commence on the date that the application is deemed officially submitted.

(3) Review by other agencies. The Planning Board may forward copies of the application and site plan for review and report to such other officials and agencies of the City as it deems appropriate. It shall forward copies for review and report to the Design Review Board where required under Chapter 44, Article II. All agencies shall have 30 days from the date of forwarding to submit a report. Such time limit may be extended by mutual agreement with the applicant, but any such extension shall apply equally to the time limits of § 43-54. Any revision to an application for a special use permit or to the site plan for which the special use permit application is being made shall be referred to the Department of Housing and Buildings for analysis of conformity to applicable zoning standards.

§ 43-53 Public hearing and notice on special use permit application.

A. Public hearing required. The Planning Board shall conduct a public hearing within 62 days from the date upon which a formal application is officially submitted, as provided for in § 43-52.

B. Notice to the public.

(1) At least five days prior to the public hearing, the Planning Board shall give public notice thereof by publication in a paper of general circulation in the City.

(2) The applicant shall serve written notice by registered or certified mail on all known property owners within a radius of 200 feet of the lot lines of the parcel of land for which the special use permit application has been filed, at least 10 days prior to such hearing.

(3) Posting of signs. The applicant for a special use permit shall post signs in accordance with the provisions of § 43-156 of this chapter.

C. Notice to the county and abutting municipalities. Where required under § 239m of the General Municipal Law or by the Westchester County Administrative Code, notice shall also be provided to the Westchester County Planning Board and/or the Clerk of an abutting municipality in accordance with such regulations 10 days prior to the public hearing. The application shall also be referred to the Westchester County Planning Board, which shall have 30 days after receipt of such referral to make its recommendations to the approving agency. If the Westchester County Planning Board recommends modification or disapproval of an application, the approving agency shall not act contrary to such recommendations, except by a vote of a majority plus one.

§ 43-54 Decision on special use permit application.

Within 62 days of the receipt of a completed application, unless such time is extended by mutual agreement with the applicant, the Planning Board shall approve, approve with modifications, or disapprove the application. The Planning Board shall approve the application where it finds that the standards of § 43-60 and the standards of §§ 43-71 through 43-78, as applicable, have been met. The Planning Board may approve such application conditionally where it finds that such conditions or modifications are necessary to ensure initial and continued conformance with the standards in § 43-60 and the standards of §§ 43-71 through 43-78, as applicable. Any changes in the use or site plan of a use of land, buildings or structures which were approved by special use permit under this chapter shall require another special use permit.

§ 43-55 Referral and approval by Yonkers City Council.

Following an approval of a special use permit application by the Planning Board, a transcript of the Planning Board's public hearing and a copy of its findings and decisions shall be forwarded to the Yonkers City Council within 20 days. Within 45 days of receipt of the Planning Board's decision, the City Council shall approve, disapprove, or approve with modifications the decision of the Planning Board with respect to the granting of the special use permit. The decision of the City Council shall be filed in the office of the City Clerk within five business days after a decision has been rendered, and a copy thereof mailed to the applicant.

§ 43-56 Conditions attached to issuance of special use permit.

The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. The Planning Board may require a performance bond or other such security prior to the issuance of a building permit to cover the cost of all improvements for which the special use permit has been granted.

§ 43-57 Departure or variation from requirements for special use permits.

Authorization to depart or vary from any dimensional requirements for the grant of a special use permit, as specified in this article (Article VII), shall only be granted by the Zoning Board of Appeals as set forth in § 43-86. Authorization to depart or vary from any other requirement for the grant of a special use permit as specified in this article (Article VII) shall be granted by the Planning Board when compliance with such requirements are found not to be requisite in the interest of the public health, safety and general welfare or inappropriate to a particular special use permit.

§ 43-58 Variances in conjunction with special use permit applications.

A. No application shall be deemed officially submitted unless it complies with all the requirements of this chapter and any necessary variances have been granted by the Zoning Board of Appeals.

B. In cases where an application requires one or more variances, the applicant shall be so advised by the Commissioner of the Department of Housing and Buildings or by the Planning Director, which shall also advise the applicant of the procedures and requirements to be followed in seeking any necessary variance or variances from the Zoning Board of Appeals. No further action shall be taken with respect to an application unless and until all required variances have been approved by the Zoning Board of Appeals.

C. After approval by the Zoning Board of Appeals of any necessary variances, an application for a special use permit may be submitted and processed in accordance with § 43-52.

§ 43-59 Submission requirements for special use permit application.

The applicant shall provide the following:

A. A completed application form for a special use permit, on prescribed forms to be provided by the Planning Bureau, and in the number of copies prescribed by the Planning Bureau, as well as a narrative section describing the proposed special use's compliance with both the general standards (§ 43-60) as well as the individual standards and requirements for certain special uses as provided for in §§ 43-71 through 43-78, as applicable.

B. A site plan in accordance with the requirements of Article IX.

C. A certified check or money order made payable to the "City of Yonkers" in the amount specified in Article XVI.

§ 43-60 General standards for special use permit applications.

A. The Planning Board's review of all applications for special use permits shall include, as appropriate, but is not limited to, the following general standards, in addition to the individual standards and requirements for certain special uses as provided in §§ 43-71 through 43-78:

(1) That such a use shall be in harmony with the general purposes and intent of this chapter.

(2) That such a use shall not affect adversely the character of the district, nor the conservation of property values, nor the health and safety or residents or workers on adjacent properties and in the general neighborhood.

(3) That such a use shall be of such appropriate size and so located and laid out in relation to its access streets that vehicular and pedestrian traffic to and from such a use will not create undue congestion or hazards prejudicial to the character of the general neighborhood.

(4) That such a use shall not conflict with the direction of building development in accordance with the City of Yonkers Comprehensive Plan or other such plans as may have been adopted by the City Council or Planning Board.

B. The Planning Board, or the City Council in its review of the Planning Board's decision, may attach such additional conditions and safeguards to any special use permit as are, in its opinion, necessary to ensure initial and continual conformance with all applicable standards and requirements of this chapter.

§ 43-61 Reimbursable costs.

Costs incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with the review of a special use permit application may be charged to the applicant, as specified in Article XVI. The Planning Board may condition the grant of site plan approval or building permits on the payment of such fees in full.

§ 43-62 Integration of procedures.

Whenever the development for which a special use permit is being sought is also subject to such other approval procedures such as variances, certificates of appropriateness, Design Review Board review or other requirements of this chapter and other provisions of the City Code, the approving agencies shall attempt to integrate, as appropriate, special use permit review, as required in this article, with the procedural and submission requirements for such other compliance.

§ 43-63 Expiration of permits for special uses.

A permit for a special use approved by the Planning Board and the City Council pursuant to this Article (Article VII) shall be deemed to have expired, unless:

A. The lot, or land where no building or structure is involved, shall have been put into use within 12 months after the date of issuance of such permit, for the purpose for which such permit was approved.

B. The building or structure for which such permit was approved shall have been actually begun within 12 months after the date of issuance of such permit.

C. Except in the case of a planned executive park, the entire building or structure for which such permit was approved shall have been completed according to filed plans within three years after the date on which such permit was granted.

§ 43-64 Fees for special use permit applications.

The fees for special use permits are provided in Article XVI.

§ 43-65 Compliance with State Environmental Quality Review Act.

In its review of special use permit applications, the Planning Board and City Council shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations.

§ 43-66 Article 78 proceeding.

Any person aggrieved by a decision of the Planning Board or such other designated body or any officer, department, board or bureau of the City may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.

§ 43-67 through § 43-70. (Reserved)

§ 43-71 Individual standards and requirements for certain special uses.

Individual standards and requirements are hereby established for certain special uses (§§ 43-71 through 43-78). Special use permits shall only be approved where the applicant can demonstrate compliance with such standards, except as provided for in § 43-57.

§ 43-72 Special use permit requirements for certain residential uses

A. Community residential facilities.

(1) Any existing or proposed community residential facility shall be required to be placed on the statewide registry and to have a valid license and operating certificate from the appropriate state agency responsible for issuing such a license or operating certificate. Proof of such registration and a copy of the license or operating certificate shall be placed on file with the Yonkers Department of Housing and Buildings.

(2) The community residential facility shall be required to meet all of the standards and dimensional requirements applicable to multifamily dwellings in the zoning district in which it is located, as provided for in this chapter and the City Code.

(3) Failure to keep a valid license or operating certificate as well as proof of registration on the statewide registry for community residential facilities permit on file with the Department of Housing and Buildings, or other violations of the applicable standards and regulations of this chapter and the City Code, shall be valid grounds upon which a certificate of occupancy may be revoked by the Commissioner of the Department of Housing and Buildings.

B. Planned Unit Residential Developments (PURD's).

(1) A planned unit residential development shall be designed in part or in whole as a single planned development, as defined herein, according to a comprehensive development plan (CDP). The comprehensive development plan shall indicate:

(a) The tract area devoted to and location of the land uses to be included in the planned development.

(b) The total number of dwelling units, and the proposed land area devoted to open space and recreational land uses.

(c) The proposed density and intensity of use of the entire planned development, including a residential density and floor area ratio.

(d) A circulation plan showing the location and configuration of the proposed on- and off-site improvements for vehicular and pedestrian access, and location and number of parking spaces proposed.

(e) An open space plan showing the proposed areas of the site set aside as open space, conservation or for recreation, including a description of the improvements proposed thereon and a plan for the operation and maintenance of such open space.

(f) A utility plan indicating the need for and showing the proposed location of sewage and water lines, any drainage facilities necessary, and methods of handling solid waste and recycling.

(g) A stormwater management plan setting forth the proposed method of controlling and managing stormwater.

(h) A proposed timing schedule in the case where a planned development is contemplated over a period of years, including any terms and conditions which are intended to serve the interests of the public and of the residents who occupy the planned development prior to its completion in entirety.

(2) The following uses shall be permitted in a planned unit residential development:

(a) Detached single-family homes in accordance with the dimensional requirements of the S-50 District.

(b) Two-family homes in accordance with the dimensional requirements of the T District.

(c) Planned townhouse complexes, pursuant to the supplemental standards in § 43-34E of this chapter.

(d) Planned apartment complexes, pursuant to the supplemental standards in § 43-34C of this chapter.

(e) Residential health-care facilities, pursuant to § 43-72D of this chapter.

(f) Accessory residential uses, pursuant to the supplemental standards in §§ 43-40 and 43-41 of this chapter.

(3) The following dimensional requirements shall apply to the overall tract encompassing the planned unit residential development:

(a) The minimum tract area shall be two acres.

(b) The minimum tract width and depth shall be 200 feet.

(c) The minimum building perimeter setbacks shall be as follows:

[1] Adjacent residential uses: 20 feet.

[2] Adjacent nonresidential uses: 30 feet.

[3] Adjacent arterial or collector streets: 30 feet.

[4] Adjacent minor or access streets: 15 feet.

(d) The maximum overall density for the development shall not be greater than the maximum density permitted in the district.

(e) The maximum building coverage for the entire tract shall be 35%.

(f) The maximum impervious lot coverage for the entire tract shall be 75%.

(g) Accessory buildings shall adhere to the setback requirements for all principal uses or buildings.

(4) The following design standards shall apply to a planned unit residential development:

(a) The overall plan shall provide for an effective and unified treatment of the development possibilities of the site, making appropriate provision for the preservation of amenities of the site and the surrounding areas.

(b) All buildings in the layout and design shall be an integral part of the development and shall have convenient access to and from adjacent uses and blocks.

(c) Individual buildings shall be related to each other in design, mass, materials, placement and connections to provide a visually and physically integrated development.

(d) Treatment of the sides and rear of all buildings within the planned development shall be comparable in building materials to the treatment given to the street frontages of the same buildings.

(e) The design of buildings and the parking facilities shall take advantage of the topography of the site and, where appropriate, to provide separate levels of access.

(f) All buildings shall be arranged so as to be accessible to emergency vehicles.

(g) Facilities for the temporary storage of refuse and garbage awaiting removal shall be designed and located in such a manner as to make the facilities inconspicuous to the general public and to prevent the spread of refuse to other areas. Trash cans, rather than dumpsters, are encouraged and shall be screened from public view.

(h) Air-conditioning and other mechanical equipment shall be screened from public view with suitable materials to harmonize with the total development.

(5) Parking in the planned unit residential development shall comply with the following:

(a) The amount of parking provided shall comply with the requirements of Article X of this chapter.

(b) Parking areas shall be divided into lots separated by appropriate landscaping. Driveways and internal roads shall be separated from parking areas and aisles by curbed landscaped islands to facilitate traffic movements. Consideration shall be given to topography, location and other similar circumstances in accordance with recognized principles of planning and design.

(c) Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping and ease of access and shall be developed as an integral part of an overall site design.

(d) Parking areas shall not encroach into the required buffer areas and shall be set back at least 10 feet from all public streets and 15 feet from all other property lines.

(6) The following open space, buffer and landscaping requirements shall apply:

(a) A minimum of 25% of the total land area of the planned unit residential development shall be developed as open space. In calculating open space, the area of pedestrian walkways and landscaped areas within and between parking areas may be included.

(b) The buffer area around the perimeter of the property shall be appropriately landscaped so as to generally enhance the appearance of the site and shall not contain roads, driveways, parking areas or signs.

(c) Landscape treatment for roads, walkways, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire site. Primary landscape treatment shall consist of shrubs, ground cover and trees and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to growing conditions. Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan.

(7) The following standards and requirements shall apply to the internal circulation system:

(a) There shall be an adequate, safe and convenient arrangement of vehicular circulation facilities, roadways, driveways and off-street parking.

(b) Pedestrian walks and open spaces shall be designed as an integral part of an overall site design and shall be properly related to existing and proposed buildings and appropriately landscaped.

(c) Buildings, parking areas and vehicular circulation shall be arranged so that pedestrian movement is not unnecessarily exposed to vehicular traffic.

(d) Materials and design of paving, lighting fixtures, retaining walls, fences, curbs and benches shall be of good appearance and easily maintained.

(e) The location and design of pedestrian walks should emphasize desirable views of new and existing development.

(f) The maximum separation of private automobiles and service vehicles shall be provided through the use of separate service lanes, where reasonably possible.

C. Planned urban redevelopments (PUR's).

(1) Planned urban redevelopments (PUR's) may be permitted in all designated urban renewal areas in all districts on tracts of land of two or more acres in aggregate.

[Amended 5-19-2009 by G.O. No. 3-2009]

(2) Notwithstanding § 43-27, 43-50 and 43-127, PUR's shall not be required to meet the dimensional or use requirements for the district in which they are located or the off-street parking and loading requirements contained in § 43-128 and Table 43-4 and Table 43-5.

[Amended 5-19-2009 by G.O. No. 3-2009]

(3) A planned urban redevelopment shall be designed in part or whole as a single planned development, as defined herein, according to a comprehensive development plan (CDP). The CDP shall indicate the following:

(a) The general location of existing and proposed structures.

(b) The general type of existing and proposed uses.

(c) Existing topography and general grading and drainage proposals.

(d) Existing and proposed major internal streets and points of access to existing mapped streets.

(e) Major parking and loading areas.

(f) Major landscaped areas and proposed screening.

(g) A statement as to the capacities of existing water and sewer lines and related facilities and that such water and sewer lines are adequate.

(h) A statement as to the capacities of existing gas and electric lines and related facilities and that such gas and electric lines are adequate.

(i) Existing and proposed location and type of major signs and lighting.

(j) A written statement describing various aspects of the conceptual plan, including any proposed phasing of development activities, and a statement of the applicant's interest in the land as well as evidence to support the applicant's right to make the application and use the land.

(4) Following approval of the CDP by the Planning Board and the Yonkers City Council as required for special use permits, a site plan of the planned urban redevelopment shall be submitted in accordance with the requirements of Article IX of this chapter.

(5) Uses established and buildings and structures constructed pursuant to a PUR special use permit shall be deemed conforming to the dimensional and use requirements of this chapter.

[Added 5-19-2009 by G.O. No. 3-2009]

D. Residential health-care facilities.

(1) Residential health-care facilities shall meet the dimensional requirements for multifamily dwellings in the district in which they are located.

(2) Residential health-care facilities shall include, at a minimum, apartment-style housing and congregate dining to assure that assisted-living services are available when needed by the residents. Apartment units shall include, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

(3) Residency shall be restricted to persons 62 years of age or older. However, nothing herein shall prohibit a spouse from residing in the facility who is under the age of 62 years, provided that such spouse is married to a resident who is 62 years of age or older.

(4) To the extent that the facility provides for the delivery of health-care services that are subject to licensing requirements of federal, state or county regulations, all such regulations and standards shall be met. The applicant for a special use permit for such a facility shall provide documentation indicating that such licenses have been granted, or that the proposed facility can and will meet all regulations and standards if such licenses have not yet been obtained.

(5) Any service provided to a resident of a residential health-care facility that is ordered by a physician shall be provided by a licensed, registered or certified health-care professional, but shall not include a certified homemaker/home health aide or certified nurse's aide.

(6) All other personal-care services shall be available to residents 24 hours every day, including but not limited to assistance with activities of daily living and in a manner which promotes residents' self-direction and participation in decisions that emphasize independence, individuality, privacy and dignity in homelike surroundings.

(7) Such facilities shall provide the following facilities:

(a) Congregate dining facilities at a minimum area of 3.33 square feet per person based upon the maximum number of permitted residents of the facility.

(b) Indoor recreational facilities with a minimum of 500 square feet.

(c) Outdoor recreational facilities or sitting areas of a minimum of 500 square feet.

(d) Laundry rooms with a minimum of one per floor and one per each 30 units.

(8) Such residential health-care facilities are encouraged to provide other supportive amenities and services, including but not limited to libraries, gift or convenience shops, walking and indoor exercise facilities, linen services, housekeeping services, nursing services, beautician services, a medical office for visiting doctors, physical therapy rooms and social and meeting rooms. All support facilities, functions and services shall be intended for the use and benefit of the residents of the facility and their guests.

(9) Required parking spaces may be provided by any combination of enclosed or open spaces, but in no event shall the parking facilities be more than 200 feet from the building they are intended to serve.

(10) The arrangement and location of internal roads, garages and parking areas shall be subject to the approval of the Planning Board and shall be designed to ensure safe and adequate circulation for senior citizen residents and their guests.

(11) Curb ramps shall be provided at all street corners in parking areas and at designated pedestrian crossings.

(12) Reasonable yard lighting shall be provided to illuminate the parking areas, walkways, driveways and premises at night and shall be shielded from all residences.

(13) The architectural design of the facility shall provide such living arrangements as to promote independence, self-reliance, privacy and participation in social and community activities and at the same time shall be designed to accommodate limitations associated with advanced age, such as:

(a) The threshold of rooms shall be flush with the door.

(b) Grab bars shall be provided beside toilets and in bathtubs or shower stalls.

(c) Ramps shall be provided leading to all structures.

(d) Dwelling units and structures containing dwelling units and support services functions and facilities for the residents thereof shall be designed and constructed so as to be free of architectural barriers which would prohibit or limit access to, or utilization of, the dwelling units by physically handicapped or disabled individuals.

(e) Use of stairways shall be minimized.

(14) A minimum all-season evergreen buffer of at least five feet in width shall be provided around the entire perimeter of the property.

§ 43-73 Special use permit requirements for certain public and institutional uses.

A. Cemeteries and mausoleums.

(1) Definitions. For the purposes of this subsection of this chapter, the following words shall have the meanings as defined herein:

COLUMBARIUM

A freestanding vault with niches for urns containing ashes of the human dead.

CREMATORY

A furnace or place for the cremation of human corpses.

HOURS OF OPERATION

Those hours during which normal cemetery activity, including digging and filling of graves, burial services, visitation, maintenance and repair of grounds and deliveries, are conducted on the cemetery premises.

PRIVATE MAUSOLEUM

A building or structure having a maximum of 12 crypts for the interment of the dead, which is constructed by or for a private lot owner for the interment of persons designated by the private lot owner.

PUBLIC MAUSOLEUM

A building or structure having crypts for the interment of the dead, which are available for sale to the general public.

MONUMENT

A tablet, a statue, or other marker of stone, metal or another durable substance set up over or adjacent to a grave to commemorate the person interred therein.

(2) Within a cemetery, the following activities, structures and buildings shall be permitted:

(a) Interment of the dead and related activities associated therewith.

(b) A house of worship.

(c) An office strictly related to the activities of the cemetery or a residence to be used exclusively for an employee involved in caretaking, security or other activities of the cemetery.

(d) Erection of tombstones and monuments.

(e) Accessory maintenance buildings, related to the operation of the cemetery, not to exceed a height of 20 feet.

(f) Mausoleums as herein defined.

(g) Open space and other recreational use which does not involve the construction or erection of a permanent structure other than backstops, goals or targets or other removal devices used in sporting and other recreational events.

(h) Columbaria as herein defined.

(i) Crematories as herein defined.

(3) The dimensional and construction requirements within cemeteries shall be as follows:

(a) The height of any mausoleum shall not exceed 20 feet.

(b) The height of every other building, monument or other structure shall be constructed in accordance with the existing requirements of federal, state and local statutes, rules and regulations and ordinances.

(c) All excavations shall be made in accordance with the regulations of all applicable federal, state and local statutes, rules and regulations and ordinances.

(d) All exterior walls of any public mausoleum or any columbarium permitted shall be set back at least 100 feet from the nearest property line of the cemetery or from the nearest street line, whichever is applicable, it being the intent of this provision that there shall be a minimum area of 100 feet between any such exterior wall and any such property line or street line. All exterior walls of any private mausoleum shall be set back at least 50 feet from the nearest property line of the cemetery or from the nearest street line.

(e) All exterior walls of any crematory permitted shall be set back at least 200 feet from the nearest property line of the cemetery or from the nearest street line, whichever is applicable.

(f) The setback of every other building or structure shall be in accordance with the setback requirements for the district, but in no case shall the setback be less than 30 feet along those portions of the site perimeter which abut areas zoned for residential uses.

(g) All mausoleums shall be constructed in accordance with the requirements of all applicable federal, state and local statutes, rules, regulations and ordinances.

(4) The hours of operation for any cemetery or mausoleum shall be between the hours of 7:00 a.m. and 7:00 p.m. daily.

(5) Every cemetery shall be required to provide a buffer area at least 20 feet wide along those portions of its perimeter which abut areas zoned for residential uses. In-ground burials shall be permitted within the buffer area but in no case shall they be closer than 10 feet to any property line in order to provide adequate room for landscape screening. The approving agency may require a wider buffer for in-ground burials if it is deemed necessary for circulation and access.

B. Children's day camps.

(1) Children's day camps shall have a lot area of at least 15,000 square feet.

(2) Social halls, athletic and sports facilities and playgrounds and similar uses which are customarily accessory to the children's day camp use shall be permitted.

(3) All interior spaces within children's day camp buildings to be utilized for potentially noise-generating activities shall be sufficiently sound-insulated and separated from adjacent residential structures so as to avoid any noise nuisance.

(4) No children's day camp building, playground or outdoor sports facility or athletic field shall be located closer than 25 feet to an adjacent residentially used property line. A landscaped buffer, berm, fence, hedge or other screening material shall be provided along the property line of such residential use to a height of no less than six feet.

(5) A children's day camp shall provide a safe pickup and delivery area separate from the off-street parking area and access driveway.

C. Convents, monasteries or seminaries. Convents, monasteries or seminaries shall be subject to the same supplemental requirements as that required for secondary schools pursuant to § 43-35D, except that such requirements shall be considered special use permit requirements for the purposes of this chapter.

D. Governmental motor vehicle yards. All governmental motor vehicle storage and/or repair yards shall be subject to the requirements of § 43-38E (automobile storage yards) and § 43-38J (truck and bus depots and rental, storage and sales establishments), and § 43-38K (truck and bus service stations and repair shops), except that such requirements shall be considered as special use permit requirements for the purposes of this chapter. Where standards or requirements of these sections conflict, the more strict standard shall apply.

E. Government uses (non-City of Yonkers).

(1) The appearance and use of all buildings and structures shall neither be out of character nor scale with the neighborhood in which they are to be located.

(2) The approving agency may require larger setbacks and alternative siting arrangements, provision for parking and loading, screening, fencing, buffers and lighting, including increasing the buffer width and plantings, in order to protect the degree and intensity of potential nuisances, to mitigate the traffic impact of such uses and to protect the character of existing development.

F. Hospitals.

(1) The principal use of a hospital shall be buildings and structures for the purpose of serving general medical, surgical, psychiatric, physical therapy and rehabilitation purposes. Accessory uses may include outpatient clinics or facilities, or facilities for nursing, teaching, medical research, convalescent or extended care when sponsored by or affiliated with such hospital; nursing homes; residential facilities for staff personnel, including volunteers, nuns or students in hospital training programs; accessory storage facilities with a gross floor area not in excess of 20% of the gross floor area of the principal building; places of worship; accessory parking facilities, vehicle maintenance facilities, recreation facilities, eating and drinking facilities, gift shops, flower shops and newsstands for the exclusive use of the staff, administration, patients and visitors; and laundries, food preparation facilities, power plants or other similar facilities customarily incidental to a hospital.

(2) The minimum required lot area shall be three acres.

(3) Frontage of a minimum of 400 feet on at least a collector street shall be required.

(4) The minimum setback of all buildings and structures shall be 75 feet from the street line and 50 feet from all other property lines.

(5) The maximum building coverage shall not exceed 50%.

(6) The maximum height shall be eight stories and 100 feet.

(7) A minimum of 20% of the lot area shall be open space.

(8) Dimensional requirements not otherwise specified shall be determined by the approving agency in connection with the approval of the applicable permit.

G. (Reserved)[1]

[1] Editor's Note: Former Subsection G, Medical clinics, was repealed 10-11-2011 by G.O. No. 3-2011.

H. Philanthropic institutions providing social services.

(1) Such uses shall comply with all the applicable state, county and City codes and ordinances relating to their occupancy and shall be fully equipped with all safety devices required by the Yonkers Building and Fire Codes.

(2) Such a use shall be fully contained within a building.

(3) Any food preparation, service or distribution in such a facility shall be licensed or approved by the Westchester County Board of Health.

(4) While open, the philanthropic institution providing social services shall be adequately staffed by the operating organization such that clients may be accommodated according to the terms of an approved management plan as described in § 43-73H(8). Order and sanitation shall be maintained at all times. Persons who cannot be admitted or served for any legitimate reason, including lack of capacity, shall be referred or transported to other facilities.

(5) Such uses shall accept individuals without regard to race, religion, ethnic background, sex, marital status, age or condition of disability or parentage.

(6) No philanthropic institution providing social services shall be located on a site less than 400 feet from another site on which another such facility is located.

(7) Philanthropic institutions providing social services are neither emergency shelters, overnight shelters for the homeless nor health-care facilities and shall not provide any sleeping accommodations nor health-care services.

(8) An applicant shall submit with his or her permit application a management plan for the operation of his or her proposed facility, including hours of operation, personnel, supervision, maintenance and operating plans, and shall certify to the approving agency the adequacy of the management plan. No special permit for any philanthropic institution providing social services shall be issued without an approved management plan.

(9) A special use permit for a philanthropic institution providing social services shall expire one year after issuance, but on application may be renewed annually by the Commissioner of the Department of Housing and Buildings upon notice to the City Council, provided that no such renewal shall be made by the Commissioner unless there has been substantial compliance with all applicable codes, ordinances, regulations and conditions of the special permit. The Commissioner of the Department of Housing and Buildings shall notify the City Council of his intention to renew a permit 45 days prior to the effective date of such renewal. No such renewal shall be made upon objections by majority vote of the City Council.

I. Private recreational clubs or community swimming pools.

(1) All private recreational clubs or community swimming pools shall provide a suitable club or bathhouse building. The club or bathhouse shall be set back not less than 50 feet from all property lines.

(2) An outdoor private recreational club or community swimming pool shall be located not less than 25 feet from the side or rear of the clubhouse or bathhouse and not less than 50 feet from the front property line and not less than 50 feet from the side and rear property lines.

(3) Parking spaces shall be provided in an area or areas located not less than 15 feet from all property lines.

(4) A swimming pool for a private recreational club, limited to a maximum of 200 members, shall have a minimum size of 1,800 square feet, and for each additional 25 members or fraction thereof, the pool shall be enlarged by 250 square feet.

(5) The pump of a filtration or pumping system of a community swimming pool or private club pool shall be located not less than 50 feet from any side or rear property line.

(6) In addition to the decks or walks surrounding the swimming pool, an area shall be provided for lounging or spectator use.

(7) The club or bathhouse shall be equipped with separate facilities for men and women. These facilities shall include adequate dressing rooms, lockers, shower and toilets.

(8) To provide safety and privacy, an outdoor swimming pool or other outdoor recreational facility shall be surrounded entirely by a suitably strong, tight fence; however, one side or sides of the club or bathhouse may serve as a part of the enclosure.

(9) The fence shall be located not less than 15 feet from the closest edge of the pool.

(10) The fence shall be from six feet to eight feet high and shall be nonclimbable. All supporting structures shall be on the inside of the fence, and the top of such support shall be at least one inch lower than the top of the fence.

(11) Any opening or opening in the fence to afford entry to the pool shall be equipped with a substantial gate similar to the fence and shall extend from not less than two inches above the ground to the height of the fence. The gate shall be of a self-closing type, opening outwardly only, and shall be equipped with a lock and key or chain and padlock and shall be kept locked, except when the pool is in use.

(12) All outdoor lighting fixtures shall be shielded so as to prevent any direct beam from falling upon any adjoining property.

(13) Overhead wires shall not be carried across the swimming pool and wading pool proper, decks and lounging areas.

(14) Underwater lighting shall be designed, installed and grounded so as not to create a hazard to bathers.

(15) No sound-amplifying system shall be operated or other activities permitted, at any swimming pool for private club or community use, which shall cause undue noise or constitute a nuisance to the surrounding neighbors. Closing time shall be no later than 9:00 p.m. weekdays and 10:00 p.m. on weekends and holidays.

(16) A lifeguard shall be present at all times when the pool is open.

J. Private social and fraternal clubs and community centers.

(1) All interior areas designed for potentially noisy activities shall be sufficiently sound-insulated or separated from adjacent residential structures so as to avoid any noise nuisance.

(2) The appearance of any structure shall be neither out of scale nor character with the neighborhood within which it is to be located.

(3) A ten-foot-wide all-season evergreen planted screen or other suitable buffering shall be required where the club is adjacent to a residential use or district.

(4) No intensive outdoor activity shall be permitted other than off-street parking and similar service uses. If outdoor service facilities are provided, they shall be located no closer than 25 feet to a residential zone or the property line of an adjacent residential use.

(5) No outdoor music or public address system shall be provided.

(6) A private kitchen accessory to the principal use shall be permitted, provided that such food or drink is served in the dining area. If food or drink is served on the grounds of the club, such service shall be limited to the hours of 8:00 a.m. to 10:00 p.m., except that on Friday and Saturday nights and those preceding public holidays such time shall be 11:00 p.m.

K. Private marinas and seaplane landing docks.

(1) Structures and facilities within a marina may include boat slips, launching facilities, fuel station, repair and maintenance shops, boat and gear storage, lockers and sanitary facilities, restaurants, clubhouse, marine hardware and supply stores and recreation facilities such as parks and picnic grounds, beach and spectator areas.

(2) Structures and facilities within a seaplane landing dock may include waiting rooms, ticket offices, passenger gates/bag checking areas, operations, offices, concession areas for newspapers/souvenirs/snacks, maintenance facilities, hangars, gasoline storage, repairs, servicing and storage.

(3) Sanitary rest rooms, holding tanks and sewage disposal shall be provided in accordance with the regulations of the City, the Westchester County Health Department and New York State.

(4) There shall be provisions made for the collection and disposal of boat-generated solid wastes.

(5) Outdoor lighting shall not project light onto nor shall light sources be visible from neighboring land properties. These provisions shall not exclude appropriate navigational aides deemed necessary by the City.

(6) Accessory service functions may include the provision of fuel and supplies, minor and emergency repairs for boating and boat rentals. Boat storage shall only be permitted in an enclosed, permanent structure.

(7) Fuel storage facilities shall be adequately containerized so as to prevent spillage, leakage or damage from storms and shall be set back no less than 50 feet from the mean high-water line; except that gasoline pumps may be located conveniently to service boats, provided that precautions are taken to prevent spillage in the waters of the City. In no case shall fuel storage over service pumps be located less than 100 feet from adjacent lot lines, or as recommended by the City's Fire Prevention Bureau.

(8) Where applicable, marinas and seaplane landing docks shall be subject to the approval of the United States Army Corps of Engineers, the New York State Department of Transportation, the Federal Aviation Administration and other federal, state and county agencies.

L. Private not-for-profit recreational uses. In residential districts such uses shall be required to meet the following additional regulations:

(1) The minimum amount of open space on the lot shall be 30%.

(2) No outdoor recreation facility, athletic field or outdoor recreation area or parking area shall be located closer than 25 feet to a property line of an adjacent residential use.

(3) An all-season evergreen buffer to a minimum depth of 10 feet shall be provided adjacent to a residential property line.

(4) No public address system or other amplified sounds shall be permitted.

(5) The setback of all recreational buildings shall be twice the minimum yard setbacks required for the district in which the use is located. However, the approving agency may reduce the setback requirements herein because of topography, installation of additional berming, buffering or fencing or if the particular nature of the activity or use to be conducted is determined not to be a potential nuisance to the neighboring properties.

(6) If outdoor lighting is provided, it shall be arranged and shielded in such a manner that the source and object of illumination shall not be visible from the adjoining property.

(7) The size of membership in any country club, private golf course or other recreational club shall be limited to an amount commensurate with the scale of the facilities provided as approved by the approving agency, and shall remain at such a restricted size. Dining facilities shall be restricted to members of the club and their guests, unless the parking requirements for banquet or catering facilities as provided for in § 43-36B of this chapter have been provided.

(8) All swimming pools provided as part of a membership or country club shall meet the requirements of § 43-73I.

M. Religious retreats. Religious retreats shall be subject to the same special use requirements as that required for children's day camps as provided for in § 43-73B of this chapter.

N. Utility substations.

(1) A statement setting forth the need and purpose of the substation shall be filed along with the application for a utility substation.

(2) Proof shall be furnished to the approving agency that the proposed substation in a specific location is necessary and convenient for the efficiency of the utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located; further provided that the design of any building in connection with such facility conforms to the general character of the district and will in no way adversely affect the safe and comfortable enjoyment of property rights of the district in which it is located, and that adequate and attractive screening, buffering, protective fencing, gates and other safety devices will be provided and will be periodically maintained.

(3) The dimensional requirements for utility substations shall conform to those of the district in which the use is to be located shall be met; except, however, that the approving agency shall have the discretion to increase the minimum dimensional requirements or decrease the maximum dimensional requirements of the district in which such a use is located as necessary to protect the safety of the residents and the character of the district in which such a use is located.

(4) All such uses shall comply with all federal, state, county and City codes and ordinances and shall be equipped with all safety devices and protective measures as required by the Yonkers building and fire codes.[2]

[2] Editor's Note: See Chapters 55 through 59 of the Yonkers Code.

(5) The height of structural towers or pylons shall be the minimum necessary to safely accommodate electric transmission lines. The routing of such lines shall be planned to cause the least visual and other disturbance to the built and natural environment in the City.

§ 43-74 Special use permit requirements for certain business, commercial and office uses.

[Amended 9-25-2007 by G.O. No. 5-2007; 5-19-2009 by G.O. No. 3-2009; 10-11-2011 by G.O. No. 3-2011; 3-25-2014 by G.O. No. 1-2014; 6-24-2014 by G.O. No. 8-2014; 2-9-2021 by G.O. No. 3-2021; 3-11-2025 by Ord. No. 4-2025]

A. Business or commercial or office or motor vehicle uses open between 12:00 midnight and 6:00 a.m.

(1) Any business or commercial or motor vehicle use which is open to the general public between 12:00 midnight and 6:00 a.m. shall be required to obtain a special use permit as provided for herein.

(2) Any such establishment which was in operation prior to the enactment of this section shall within one year of the date at which this chapter becomes effective, apply to the Planning Board for a special use permit to allow the continuation of operating at such hours.

(3) In all cases, including that described in § 43-74A(2) hereof, the owner, operator or general manager of a business or commercial or motor vehicle use may apply to the approving board for an extension of the hours of operation, as said board deems reasonable. The board, in making its determination, may consider any and all factors it deems necessary to render a fair determination, including but not limited to:

(a) The location or proximity of the establishment within or to the residential area.

(b) The methods used by the owner, operator or general manager to mitigate the adverse effect of noise, litter, lighting and traffic upon the residential area.

(c) The security measures use by the establishment to prevent or discourage robberies, vandalism and loitering.

(d) Such other factors that, in the discretion of the Board, are necessary to protect the general health, safety and welfare.

B. Hotel, highway access sites.

(1) The hotel site shall be accessible via local streets to a federally designated interstate highway or other limited-access highway or parkway and no farther distant than one mile as measured from the nearest exit at its intersection with a local street in the City of Yonkers to the lot line of the proposed hotel parcel by means of direct travel by automobile.

(2) The maximum permitted height shall be 65 feet and a maximum of six stories, except that solar collectors and their support structures may extend 18 inches above the maximum permitted height.

(3) The hotel shall be sited and designed so that it will minimize the impact upon any residential adjacent uses.

(4) The hotel building and any accessory structure or uses, except vehicular driveways and parking areas, shall be set back a minimum of 50 feet from the nearest property line. Additionally, the hotel building and any accessory structure or uses, except vehicular driveways and parking areas, shall be a minimum of 125 feet from any residential property line.

(5) The setback area shall be buffered using landscaping and fencing as may be required by the reviewing agency. When the hotel site is adjacent to a residential community, the landscaping and screening shall take into account the residential nature of the area adjacent to the hotel. Any equipment which may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke, or vibrations, including but not limited to heating, ventilation and air-conditioning plants, compressors or vents, trash-handling areas and equipment, shipping and receiving areas, and site maintenance areas, shall be sited and designed to minimize impacts on any residential uses, and the approving agency is directed to work towards a design that minimizes any impact upon nearby residential uses stemming from the height of the hotel. Special attention is directed to the design of the roof and its appurtenant uses, to signage or other means of drawing attention to the site, and to the cornice and other decorative elements at the top of the building.

C. Live-work buildings. Any building in which 50% of the gross floor area is comprised of live-work units shall be classified as live-work buildings, and shall be required to meet the requirements of § 43-78C of this chapter.

D. Planned executive parks.

(1) Upon designation, the land encompassed by the planned executive park shall become a Planned Executive Park (PEP) District and mapped on the official Zoning Map of the City of Yonkers.

(2) A planned executive park is designed to accomplish the following objectives:

(a) To encourage the current trend of executive park operations to group together in integrated campus-like developments of sufficient size to meet the high standards of design, environmental and planning objectives to the mutual advantage of the City at large, the adjoining neighborhoods and the businesses and employees located therein.

(b) To provide design flexibility in developing planned executive parks in certain districts throughout the City wherein uses may be controlled through a series of review procedures and the establishment of specific building and development standards.

(c) To promote the most desirable and the highest and best uses of land in accordance with an approved comprehensive development plan (CDP) that will aim to coordinate office and industrial growth and its relation to residential neighborhoods.

(d) To encourage the establishment of important employment centers and to broaden the tax base of the City.

(3) A planned executive park shall be designed in part or whole as a single planned development, as defined herein, according to a comprehensive development plan (CDP). The CDP shall indicate the following:

(a) General location of all existing and proposed structures.

(b) General type of proposed uses.

(c) Existing topography and general grading and drainage proposals.

(d) Proposed and existing internal streets and points of access.

(e) Major parking and loading areas.

(f) Major landscaped areas and proposed screening treatments.

(g) Major proposed and existing public utility lines and facilities.

(h) Proposed location of major signs.

(4) Site plan required; commencement of construction.

(a) Following approval of the CDP by the Planning Board and the Yonkers City Council, as required for special use permits, a site plan or site plans for a portion of all of the planned executive park may be submitted and shall be processed in accordance with the requirements of Article IX of this chapter.

(b) Designation by the City Council of a site for a planned executive park (PEP) development shall expire if construction of site improvements on buildings does not commence within 24 months after the approval of the comprehensive development plan and if construction of the foundation of at least one building shown on the plans is not completed within said period of time. The Planning Board may, upon submission of satisfactory documentation, grant a one-year extension of this requirement.

(5) The following principal uses shall be permitted in a planned executive park:

(a) Offices, banks and financial institutions.

(b) Medical establishments.

(c) Research and development laboratories.

(d) Light manufacturing, processing, assembly and fabrication.

(e) Solar energy collectors.

(f) Data processing.

(g) Conference and/or executive training centers.

(h) Telephone switching facilities.

(i) Audio, radio, video, and television stations and studios.

(j) Distribution and warehousing uses, where these are related to part of an office, laboratory, research or industrial uses, except that the following distribution and warehousing uses are specifically prohibited:

[1] Storage of goods primarily for sale at retail on the premises.

[2] Nonpackaged food products.

[3] Coal, coke or wood.

[4] Cold storage.

[5] Feed.

[6] Gasoline, oil or petroleum products.

[7] Lumber.

[8] Scrap iron or junk.

[9] Scrap paper or rags or similar salvage operations.

[10] Volatile or flammable liquids.

[11] Truck depot.

[12] Any other uses which might emit noxious odors or excessive noise or vibration outside of the building and any use that would uniquely attract rodents, pests, insects, etc.

(k) Uses deemed by the approving agency similar in character and impact to the above.

(l) The business or commercial uses listed below are permitted, subject to the following limitations:

[1] None of these uses shall be located less than 150 feet from any residential zone district line.

[2] The maximum allowable floor area of these uses shall not exceed 16% of the total building floor area shown on the approved comprehensive development plan.

[3] Such uses shall be phased in proportionally with other permitted uses in the planned executive park; however, in any given phase, the proportion shall not exceed 15% of the total building floor area of that phase.

(m) Permitted business and commercial uses include:

[1] Restaurants.

[2] Hotel, limited to a maximum number of rooms not to exceed five rooms for each acre in the overall planned executive park site, and further limited to no less than 50 rooms.

[3] Commercial recreation uses, indoor.

[4] Business or commercial uses which are similar in character and impact to the above.

(n) Day-care centers, subject to the following:

[1] Site plan review by the Planning Board.

[2] Day-care centers shall conform to all applicable New York State regulations pertaining to their facilities and operation.

[3] Day-care centers shall be permitted in PEP Districts with the following limitations:

[a] No more than one day-care center shall be permitted in any planned executive park as a principal use. However, this shall not prohibit a day-care center operator from having a subsidiary facility at the planned executive park. "Subsidiary facility" shall be defined herein as an additional premises of a day-care center used and operated by the same person, association, institution or agency which operates the day-care center within the PEP District. Such subsidiary facility shall be subject to all parts of this section.

[b] Day-care centers shall not be located less than 150 feet, as measured from the closest point of such facility, from any residential district boundary line.

[c] Day-care centers shall be a suitable distance from streets, thoroughfares, parking lots or loading docks so as to protect children from traffic and automobile-related impacts.

[d] Play facilities for the use of children enrolled at the day-care center shall not require the crossing of any street nor the crossing of any parking area by the children. Play facilities shall be maintained for the exclusive use of the children enrolled at the center.

(6) The following accessory uses shall be permitted:

(a) Maintenance facilities.

(b) Security and management facilities.

(c) Outdoor storage of equipment, materials or vehicles when suitably screened.

(d) Cafeterias and lunchrooms and similar facilities.

(e) Parking and loading and signs.

(f) Outdoor illumination, provided that:

[1] Such illumination shall be the minimum necessary to provide for the security of the property and the safety and welfare of employees and the public.

[2] All sources of illumination shall be shielded.

[3] Such illumination shall be steady in nature and not flashing, moving or changing in brilliance, color or intensity.

(g) Retail uses as specified below, provided that they are accessory to the planned executive park and provided that they constitute no more than 20% of the gross floor area of the building in which they are located and they are located completely within the structural enclosure of the principal building or uses, and are limited to the following:

[1] Automatic teller machines.

[2] Beauty and barber shops.

[3] Bookstores.

[4] Cafeterias.

[5] Candy shops.

[6] Coffee shops.

[7] Drug stores.

[8] Florists.

[9] Gift shops.

[10] Opticians and optometrists.

[11] Photographic studios.

[12] Stationery stores.

[13] Travel agencies.

(h) Satellite and telecommunications antennas.

(i) Accessory uses deemed by the approving agency similar in character and impact to the above.

(j) Day-care centers as an accessory use, provided that:

[1] Such day-care center is clearly subordinate to the principal use and is operated solely for the employees of that use.

[2] The day-care center shall be reviewed as per § 43-36E, above.

(k) Solar energy collectors.

(7) Dimensional requirements shall be as follows:

(a) For purposes of this subsection, a "site" shall be defined as any tract or parcel of land located in an OL, CM or IP District, or any combination thereof, containing at least 30 acres and owned or effectively controlled (i.e., options, etc.) by one person, firm, corporation, association or venture. If adjacent tracts or parcels of land are bounded or separated by a public or private road or roads but are owned or controlled as aforesaid, then such tracts or parcels of land shall be deemed and construed to be one site, notwithstanding that said site is comprised of two or more lots, plots or parcels of land as shown on the Tax Assessment Map of the City of Yonkers. For purposes of this section, the area of a site shall include all land areas and all portions of streams and water bodies lying within the boundaries of the site, including area proposed to be offered to the City for dedication by the CDP, but shall exclude any existing streets abutting or crossing said property.

(b) The maximum floor area ratio shall be 1.0.

(c) The maximum permitted height shall be no more than four stories and no more than 55 feet, except that solar energy collectors and their support structures may extend 18 inches above the maximum permitted height, as long as roof-mounted solar collector related electrical equipment is not visible from the ground, whichever is the lesser, above the average finished grade abutting the building. If, considering a comprehensive development plan, the approving agency finds that the further protection of the environment and the surrounding residential areas can be accomplished by increasing the height of a building or buildings within the site, the floor areas of which, when added to the floor area of other buildings within the site, does not exceed the maximum approved floor area, then the maximum permitted height of such building or buildings shall be no more than eight stories and no more than 105 feet, whichever is the lesser, except that solar collectors and their support structures may extend 18 inches above the maximum permitted height, as long as solar related roof-mounted equipment is not visible from the ground.

(d) The maximum lot coverage shall be 50%.

(e) The minimum space between buildings shall be 30 feet.

(f) The minimum yard setbacks shall be as follows: No building shall be located closer than 50 feet to any public street or boundary line of the PEP site as originally constituted. Parking shall be permitted in required setback areas, except that parking shall not be permitted within 50 feet of any property zoned for residential use; and parking shall not be permitted within 25 feet of any street shown on the Official City Map at the time of the approval of the comprehensive development plan or within 25 feet of any new street shown on the approved comprehensive development plan to be recorded on the Official City Map as a street for use by the public.

(8) Signs. Site signs shall be permitted in accordance with the following standards:

(a) At each ingress from a public street to the site: a sign not exceeding 100 square feet in total area and not more than 20 feet in height, limited to the name of the development and a listing of the major sections therein. In addition, a directory sign not exceeding 100 square feet and 15 feet in height may be placed in connection with each ingress to provide directions for visitors to the various users.

(b) At each ingress to various sections of the site: a sign not exceeding 50 square feet in area and not more than 15 feet in height, limited to the name of the development or section and a listing of the occupants therein.

(c) At each ingress to a building site: a sign not to exceed 30 square feet in area and not more than 10 feet in height, identifying the occupant or occupants of the building.

(d) Directional signs, each not exceeding 10 square feet in area and not more than six feet in height, may be placed as required, giving the direction to a building, use or group of buildings or parking and loading areas.

(e) Temporary nonilluminated real estate and construction signs not exceeding 100 square feet in area and 20 feet in height may be placed on each building site, which signs must be removed from such site no later than 12 months after the issuance of a permanent certificate of occupancy.

(f) All signs shall be nonmoving; and nonflashing light sources, if any, shall not be exposed.

(g) Building signs. Signs may be placed on buildings on any face except abutting a residential use. The total square footage of all signs on any one face of a building shall not exceed in area the total length, in feet, of the face of the building on which the sign is erected. At no point shall the sign exceed two feet in height, except that logos and key letters may be four feet in height. No signs shall be permitted above the first floor.

E. Planned neighborhood commercial development.

(1) Locations of permitted planned neighborhood commercial development. The Yonkers City Council has determined that planned neighborhood commercial development is permitted by special use in the following areas within a CM District:

(a) In Shopping District 12 as identified on Map 5 in the City of Yonkers Comprehensive Plan, dated September 19, 2000.

(2) Preliminary determination. In any area listed in § 43-74E(1) that permits a planned neighborhood commercial development in a CM District, an applicant may apply to the Planning Board for a planned neighborhood commercial development. Such application shall be accompanied by a sketch plan indicating in general the plan, proposed uses and the manner in which the application will be in compliance with the conditions of this section. The applicant shall provide sufficient detail to assist the Planning Board in making a preliminary determination as to the desirability of the location of a planned neighborhood commercial development at the site in question.

(3) Application. If, in the opinion of the Planning Board, such a planned neighborhood commercial development will assist in achieving the objectives of the Comprehensive Plan, Zoning Ordinance, Official Maps or other codes and ordinances, the applicant shall be directed to file a complete special use permit and site plan application. Following an approval of a special use permit application by the Planning Board, a transcript of the Planning Board's public hearing and a copy of its findings and decisions shall be forwarded to the Yonkers City Council within 20 days. Within 45 days of receipt of the Planning Board's decision, the City Council shall approve, disapprove, or approve with modifications the decision of the Planning Board with respect to the granting of the special use permit.

(4) Additional locations. The addition of locations of permitted planned neighborhood commercial development as defined in § 43-74E(1) will only be permitted by an amendment of the City of Yonkers Zoning Code duly enacted by the Yonkers City Council.

(5) Adaptive reuse of existing buildings.

(a) Existing nonconforming buildings or uses that comply with § 43-21 of this chapter may continue.

(b) To the greatest extent possible, existing buildings are to be incorporated into any planned neighborhood commercial development.

(6) Permitted uses.

(a) The uses as identified by the underlying district shall continue to apply.

(b) Additional uses may be permitted as follows:

[1] Principal uses permitted by right, with supplemental conditions and by special use permit, and accessory uses permitted by right, with supplemental conditions and by special use permit, as permitted in the Central Business (CB) Zone District, except the following uses:

[a] Hotels.

[b] Live/work buildings.

(7) Criteria for planned neighborhood commercial development.

(a) Dimensional standards. The dimensional regulations shall be consistent with the minimum requirements in the CB (Central Business) Zone District, as per Table 43-3, Schedule of Dimensional Requirements,[1] except:

[1] A minimum of 50% of all street frontages on a lot on the principal commercial street, as defined by the Planning Board, shall maintain a build-to line.

[2] On a corner lot, a build-to line shall be maintained for a minimum of 50 feet along both street frontages, subject to traffic engineering visual safety issues or unless otherwise determined by the Planning Board.

[1] Editor's Note: Table 43-3 is included at the end of this chapter.

(b) Parking standards. The parking and loading requirements in the Schedule of Parking and Loading Requirements (§ 43-128, Tables 43-4 and 43-5) shall apply, except as follows:

[1] The Planning Board may reduce the parking requirements in Table 43-4, Schedule of Parking Regulations, up to 100% for existing buildings when compliance with the parking analysis as outlined below can be established.

[2] The Planning Board may reduce the parking requirements in Table 43-4, Schedule of Parking Regulations, up to 50% for new development when compliance with the parking analysis as outlined below can be established.

[3] A parking analysis shall be submitted to the Planning Board to identify existing parking availability and demand within the project area. The analysis shall include all on-street parking within 500 feet of the site located within any commercial district and shall include all side streets for 100 feet from the commercial street(s). The analysis shall identify all available on-street parking and commercial off-street parking facilities within the area. The occupancy and turnover rates of these spaces shall be identified during the peak weekday a.m. and p.m. period and during the midday weekend period for at least two separate occasions or as determined necessary by the Planning Board. The Planning Board may reduce on-site parking requirements by 50% of any established excess parking capacity identified by the parking analysis. In addition, the Planning Board may reduce required on-site parking by the number of metered parking spaces provided along the street frontage of the site. The parking analysis shall identify any public transportation within 500 feet of the site and the type and location of residential neighborhoods within 1,500 feet to assist the Planning Board in determining actual parking demands.

[4] The Planning Board may determine that a fee in lieu of parking may be used in place of the provision of parking for a development. The Planning Board may in that case consult with the Traffic Engineer and the Yonkers Parking Authority about the potential to provide alternate parking solutions via payment by the applicant.

[5] All uses proposed in any planned neighborhood commercial development shall be subject to review for parking impact. The reduction in parking allowed in a planned neighborhood commercial development shall be based upon the mix of uses that are initially proposed. The Planning Board shall review all new or expanded uses to the same standard as was required for the initial placement of the planned neighborhood commercial development. New or expanded uses may be permitted only subject to a finding that the conditions that initially allowed the planned neighborhood commercial development remain in effect.

(c) Design standards.

[1] Developments shall be designed to complement the existing historic and/or traditional design elements found in the surrounding commercial area. The presence of zero front yard setbacks, true shop windows for first-floor retail uses and operable windows for upper-level office uses, a mix of uses that fosters a sidewalk shopping experience, street front entrances and the primacy of the pedestrian over the automobile shall be the primary design feature of these developments.

[2] Materials used for building shall complement the materials found in the surrounding commercial neighborhood. Traditional materials such as brick, stone, wood siding, metal storefronts and windows are preferred to plastic, vinyl, artificial stone and siding materials.

[3] The front and principal facades shall not be encumbered with heating, air conditioning or ventilation equipment, with the exception of air conditioners in wall sleeves.

[4] Signage should complement the proposed development and shall be reviewed as a part of the special use and site plan application. Signage shall be allowed and regulated as per § 43-43Q(3) for the CB Zone District.

F. Planned urban redevelopments (PUR's).

(1) Planned urban redevelopments (PUR's) may be permitted in all designated urban renewal areas in all districts on tracts of land of two or more acres in aggregate.

(2) Notwithstanding §§ 43-27, 43-50 and 43-127, PUR's shall not be required to meet the dimensional or use requirements for the district in which they are located, or the off-street parking and loading requirements contained in § 43-128 and Table 43-4 and Table 43-5.

(3) A planned urban redevelopment shall be designed in part or whole as a single planned development, as defined herein, according to a comprehensive development plan (CDP). The CDP shall indicate the following:

(a) The general location of existing and proposed structures.

(b) The general type of existing and proposed uses.

(c) Existing topography and general grading and drainage proposals.

(d) Existing and proposed major internal streets and points of access to existing mapped streets.

(e) Major parking and loading areas.

(f) Major landscaped areas and proposed screening.

(g) A statement as to the capacities of existing water and sewer lines and related facilities and that such water and sewer lines are adequate.

(h) A statement as to the capacities of existing gas and electric lines and related facilities and that such gas and electric lines are adequate.

(i) Existing and proposed location and type of major signs and lighting.

(j) A written statement describing various aspects of the conceptual plan, including any proposed phasing of development activities, and a statement of the applicant's interest in the land as well as evidence to support the applicants right to make the application and use the land.

(4) Following approval of the CDP by the Planning Board and the Yonkers City Council as required for special use permits, a site plan of the planned urban redevelopment shall be submitted in accordance with the requirements of Article IX of this chapter.

(5) Uses established and buildings and structures constructed pursuant to a PUR special use permit shall be deemed conforming to the dimensional and use requirements of this chapter.

G. Sexually oriented businesses.

(1) No sexually-oriented business shall be located within 500 feet of another such use, nor within 500 feet of a residence zone, school, place of worship or place of public assembly. Such measurement shall be made from the lot lines of the respective establishments.

(2) In addition, the supplemental regulations required for cabarets and nightclubs as provided for in § 43-36D shall apply to sexually oriented businesses, except that such requirements shall be considered special use requirements for the purposes of this subsection.

(3) Those sexually oriented businesses which include live performances shall be subject to the same licensing requirements for cabarets and nightclubs as provided for in Chapter 23 of the City Code.

H. Supermarkets.

(1) The minimum lot area shall be 40,000 square feet, and the minimum lot width shall be 150 feet.

(2) All outside loading berths, docks or delivery areas shall be provided to the rear of the building and, where adjacent to a residential district boundary or use shall be located a minimum distance of 25 feet to such boundary or property line.

(3) Any outside storage of trucks, pallets, cases, etc., shall be completely fenced with appropriate access gates sufficient for the movement of large commercial vehicles, and such areas shall be adequately screened from view from all sides.

(4) Internal traffic circulation for a supermarket shall be so arranged that off-street parking for retail customers shall be in an area distinct and separate from any maneuvering areas for any loading berths or truck storage for employee parking.

I. Veterinary offices or hospitals.

(1) All buildings and structures housing animals, exercise areas, and other accessory use areas, except off-street parking, shall be 50 feet from any residential use or district boundary line.

(2) All buildings housing animals for overnight stays shall be soundproofed and entirely closed such that no animal shall be permitted to gain access to the outdoors between the hours of 10:00 p.m. and 7:00 a.m.

(3) Adjacent properties shall be adequately buffered and screened from noise, odors and an unsightly appearance.

(4) Animal cadavers and contaminated materials shall be disposed of in accordance with applicable City, county and state regulations.

J. Wholesale price clubs and big-box retail stores.

(1) The tract area for a wholesale price club or big-box retail store shall be no less than five acres and shall increase by one acre for each additional 10,000 square feet of gross floor area above 50,000 square feet.

(2) The wholesale price club or big-box retail stores shall be located on a collector or arterial street, upon which it has a minimum frontage of 400 feet.

(3) The applicant for a wholesale price club or big-box retail store shall undertake or cause to be undertaken a traffic study by a certified and licensed traffic engineer, indicating that the local road network can accommodate the weekday and weekend peak-hour traffic generated by the use without causing significant adverse traffic conditions. In any circumstance where a deterioration in the levels of service at any impacted intersection reaches Level D or Level E, or where the roadway capacity is exceeded, the applicant shall promulgate and pay for the cost of mitigation measures, to ameliorate such traffic conditions to the satisfaction of the approving agency.

(4) The applicant shall be encouraged to add architectural features, such as a brick facade and peaks in the front roofline, and orient the store and parking perpendicular to the street on which it fronts so as to improve aesthetics and avoid the placement of a sea of parking spaces between the building and street.

(5) No on-site storage within trailers, containers or trucks parked on the premises shall be permitted. All storage shall be provided for within enclosed buildings.

(6) No principal or accessory building of a wholesale price club or big-box retail store shall be located closer than 50 feet to a residential zone boundary or the property line of a residential use. Furthermore, in such circumstances a continuous evergreen buffer with a minimum width of at least 20 feet shall be provided.

K. Planned film and educational development.

(1) Locations of permitted planned film and educational development. The Yonkers City Council has determined that a planned film and educational development is permitted by special use in the following areas within the MG District:

(a) On tracts of land of 25 or more contiguous acres; and

(b) Already contains existing structures proposed to be reused for educational or film industry facilities.

(2) Preliminary determination. An applicant may apply to the Planning Board for a planned film and educational development. Such application shall be accompanied by a sketch plan indicating, in general, the plan, proposed uses, and the manner in which the application will be in compliance with the conditions of this section. The applicant shall provide sufficient detail to assist the Planning Board in making a preliminary determination as to the desirability of the location of a planned film and educational development at the site in question.

(3) Application. If, in the opinion of the Planning Board, such a planned film and educational development will assist in achieving the objectives of the City of Yonkers Comprehensive Plan, Zoning Ordinance, Official Maps or other codes and ordinances, the applicant shall be directed to file a complete special use permit and site plan application. Following an approval of a special use permit application by the Planning Board, a transcript of the Planning Board's public hearing and a copy of its findings and decisions shall be forwarded to the Yonkers City Council within 20 days. Within 45 days of receipt of the Planning Board's decision, the City Council shall approve, disapprove, or approve with modifications the decision of the Planning Board with respect to the granting of the special use permit.

(4) Following approval of the special use permit by the Planning Board and the Yonkers City Council as required for special use permits, a site plan of the planned film and educational development shall be submitted in accordance with the requirements of Article IX, Site Plan Review, of this chapter.

(5) Adaptive reuse of existing buildings. To the greatest extent possible, existing buildings are to be incorporated into any planned film and educational development.

(6) Permitted uses.

(a) The uses as identified by the underlying MG district shall continue to apply.

(b) Additional principal uses maybe permitted as follows:

[1] Audio, radio, video, television stations and studios.

[2] Screening rooms.

[3] Colleges/universities.

[4] Schools.

[5] Offices.

(c) Additional accessory uses may be permitted as follows:

[1] Restaurants, commissary and in-house.

[2] Accessory warehousing and storage.

[3] Solar energy collectors.

(7) Criteria for planned film and educational development.

(a) Dimensional standards. The dimensional regulations shall be consistent with the minimum requirements in the MG Zone District, as per Table 43-3, Schedule of Dimensional Requirements, except:

[1] Maximum percentage building coverage shall be 60%.

[2] Maximum stories/height shall be four stories or 60 feet, whichever is less.

(b) Parking standards. The parking and loading requirements in the Schedule of Parking and Loading Requirements (§ 43-128, Tables 43-4 and 43-5) shall apply, except as follows:

[1] The Planning Board may reduce the parking requirements in Table 43-4, Schedule of Parking Regulations, up to 20% for new development when a parking analysis is provided to the approving board demonstrating that the proposed parking will be adequate for the proposed on-site uses.

[2] Any application may also propose alternative methods of parking as listed in § 43-132C.

(c) Design standards.

[1] Developments shall be designed to complement the existing historic and/or traditional design elements found on-site to the greatest extent possible.

[2] Materials used for non-studio buildings shall complement the materials found on-site and in the surrounding neighborhood. Traditional materials such as brick, stone, wood siding, metal and windows are preferred to plastic, vinyl, artificial stone and siding materials.

[3] The front and principal facades shall not be encumbered with heating, air conditioning or ventilation equipment, with the exception of air conditioners in wall sleeves.

§ 43-75 Special use permit regulations for certain motor vehicle uses.

A. Convenience stores in conjunction with automobile service stations. Convenience stores provided in conjunction with automobile service stations shall be considered as a second principal use on the lot, irrespective of the size, proportionate area of the lot or proportion of business that such a use constitutes, and shall be subject to a special use permit application as provided for herein. The criteria which the approving agency shall consider in relation to a convenience store in conjunction with an automobile service station shall be as follows:

(1) The proximity of the use to the property boundary, particularly in such cases when the adjacent property is in residential use or a residential district.

(2) The hours of operation, particularly if the convenience store is open between 12:00 midnight and 6:00 a.m. (see § 43-74A).

(3) The amount of off-street parking provided for the use.

(4) The amount and location of any fencing, screening and buffering along the property boundary of adjacent uses.

(5) The proximity of the convenience store to existing convenience stores, whether provided as a freestanding use, part of a shopping strip or in conjunction with another automobile service station.

§ 43-76 Special use permit requirements for certain industrial, warehouse and storage uses.

A. Construction and demolition debris transfer station.

(1) Such establishments shall provide a landscaped all-season evergreen buffer to a width of five feet around the entire perimeter of the property, and a solid-screen fence to a height of no less than eight feet behind the perimeter buffer encircling all on-site activities.

(2) No pile or mound of debris shall be stored on the property above a height of eight feet above grade anywhere on the lot nor within five feet of the perimeter fence or buffer.

(3) Control measures shall be instituted to prevent dust or debris from being transported beyond the boundaries of the property. In addition, that portion of the public street within 500 feet of each entrance to the transfer station shall be kept clear of such dust and debris by the operator of the transfer station.

(4) Adequate provision shall be made in the circulation plan for all truck loading and unloading and parking to take place entirely within the property and no closer than 50 feet to a residential zone boundary or residential use.

(5) Hours of operation shall be limited to 7:00 a.m. to 6:00 p.m.

(6) All construction and demolition transfer stations shall be required to have applicable government permits prior to issuance of a certificate of occupancy.

B. Dry-cleaning plants. Dry-cleaning plants shall adhere to the following requirements:

(1) Such processes shall be conducted within an enclosed building.

(2) Such uses shall provide mechanical ventilation to minimize any solvent buildup in the customer area and to control any minor solvent leakage, provide a supply of makeup air and locate exhaust ventilation stacks in accordance with Department of Health standards, the recommendations of the National Automatic Laundry and Cleaning Council or the American Conference of Governmental Industrial Hygienists. This exhaust ventilation shall be provided on a continuous basis while the establishment is open for business. The fan motor wiring shall be such that the dry cleaning equipment cannot be operated unless the fan system is in operation.

C. Quarries and sand and gravel pits.

(1) All such operations shall be a minimum of 400 feet from a residential district boundary.

(2) All buildings and structures shall be maintained in an adequate and safe condition at all times.

(3) Fencing or other means of protection shall be provided at the site of an excavation, as required by the Planning Board.

(4) Rehabilitation. All land which has been excavated must be rehabilitated within one year of the termination of operations, at the expense of the operator and in accordance with standards set. It is further provided that, where an excavation operation has lasted longer than one year, rehabilitation of land, in accordance with standards set, must be begun and completed within one year's time. The City may require a performance bond or some other financial guaranty that the conditions of this chapter shall be satisfied.

(a) All excavations must either be made to a water-producing depth or be graded and backfilled.

(b) Excavations made to a water-producing depth shall be properly sloped to the waterline, with bank sodded or surfaced with soil of quality equal to adjacent land area topsoil. Such topsoil required under this subsection shall be planted with trees, shrubs, legumes or grasses.

(c) Excavations not made to a water-producing depth must be graded or backfilled with nonnoxious, nonflammable, noncombustible solid material and in a topographic character which will result in substantial general conformity to adjacent lands. Such grading or backfilling shall be designed to minimize erosion and shall be surfaced with a soil equal in quality to that of adjacent land area and planted with trees, shrubs, legumes or grasses. All buildings and structures used in such operations shall be dismantled and removed by and at the expense of the operator within one year following the termination of operations.

D. Research and testing laboratories and pilot plants. The applicant shall furnish proof that the research and testing laboratory or pilot plant shall:

(1) Not include the mass production or manufacture of products for sale to the general public.

(2) Take place entirely within enclosed buildings.

(3) Not be detrimental to the environment or the conservation of property values or the character of the zone district in which it is located by means of emission of smoke, odor, dust, noise, vibration, excessive light or atmospheric pollution.

E. Rock-crushing operations. When adjacent to any residence district, there shall be a transitional yard 150 feet in depth along all property lines abutting such residential districts, with natural screening or screen plantings and an eight-foot-high chain link fence on the inside boundary of such yard to assure compatibility with adjacent properties.

F. Telecommunications towers.

(1) Any such tower or mast shall be a minimum distance of 200 feet from any residential building or residential district boundary and shall only be permitted if the applicant can show:

(a) That existing telecommunications or water towers or other existing tall structures or buildings are impracticable, incapable or not available to accommodate the telecommunication equipment planned for the proposed tower.

(b) The site of existing or approved telecommunications or water towers or other existing tall buildings cannot practically accommodate the proposed transmission and/or reception equipment.

(2) Notwithstanding § 43-76F(1), structures shall be set back from abutting residential or public property or street sufficient to:

(a) Contain, on-site, substantially all ice-fall or debris from tower failure.

(b) Preserve the privacy of adjoining residential property.

(3) Accessory structures shall comply with the setback standards of the underlying district.

(4) The tower base shall be set back from abutting residential or public property or street by a distance of 20% of the tower height or the distance between the tower base and guy wire anchors, whichever is greater, and from abutting land in other districts by the rear yard setback required in that district.

(5) Guy wires shall be set back 25 feet from abutting residential or public property or street, and the rear yard setback from abutting land in other districts.

(6) The tower shall be setback from other on- and off-site towers and supporting structures far enough so one tower will not strike another tower or support structure if a tower or support structure fails.

(7) The tower shall be designed to structurally accommodate an additional number of users as is technically practicable and aesthetically appropriate. Towers shall be designed to allow for the future arrangements of antennas.

(8) The applicant shall demonstrate that the tower has the least practicable adverse visual effect on the environment through design, camouflage and other means.

(9) Accessory facilities, including offices, long-term vehicle storage other outdoor storage, or broadcast studios, or other uses that are not needed to send or receive transmissions, shall not be permitted in residential districts, except for emergency purposes, and in no event shall exceed 25% of the floor area used for transmission equipment and functions.

(10) The proposed use shall be consistent with applicable federal and state regulations. Existing on-site vegetation shall be preserved to the maximum extent practicable.

(11) Where the site abuts residential parcels or public property or a street, the site perimeter shall be landscaped as follows:

(a) At least one row of evergreen shrubs capable of forming a continuous hedge at least five feet in height within two years of planting shall be spaced not more than five feet apart within 15 feet of the site boundary, and, within 25 feet of the site boundary, at least one row of evergreen trees or shrubs at least four feet high when planted and spaced not more than 15 feet apart.

(b) Vegetation, topography, walls and fences other than the above may be used if approved by the approving agency as meeting the same degree of screening.

(12) Within 12 months of cessation of use of such tower, it shall be removed, along with any appurtenant structures and buildings.

§ 43-77 Special use permit regulations for certain accessory residential uses.

A. Adherence to supplemental requirements. In addition to the requirements specified below, all accessory residential uses and structures shall adhere to the supplemental requirements set forth in §§ 43-40 and 43-41, as appropriate.

B. Amateur radio or TV towers.

(1) Any such radio or TV tower shall be for the exclusive use of an amateur radio or TV operator who is and continues to be duly licensed by the Federal Communications Commission (FCC).

(2) Any amateur radio tower which is mounted on a foundation or which is equal to or exceeds a height of 15 feet shall comply with the following:

(a) Any such radio or TV tower shall be located in the rear yard of the property upon which such tower is located and at least 15 feet from the rear and side property lines of the property upon which such a tower is located.

(b) Any such radio or TV tower shall not exceed the height of the principal building on the same lot upon which such radio or TV tower is located.

(c) The dimension of any side of the base of such radio tower shall not exceed 26 inches.

(d) Guy wires, when used on any such tower, shall terminate at a solid structure at least 15 feet from side and rear property lines and shall be located not less than 10 feet above grade.

(e) Any such radio tower shall have either a smooth, nonclimbable surface to a height of 10 feet or a six-foot-high fence with a locked gate completely enclosing the tower, such fence located within 10 feet of the tower on all sides.

(f) Any such radio tower shall be commercially manufactured with published specifications, standards and stresses.

C. Home-based businesses.

(1) Any occupation or activity carried out for gain by a resident shall be conducted entirely within the dwelling unit and shall be clearly incidental to the use of the structure as a dwelling. No accessory structures or areas outside the principal structure shall be used for or in connection with the home-based business.

(2) No more than 25% of the gross floor area of the dwelling unit, or 1,200 square feet, whichever is lesser, shall be used in connection with the home-based business.

(3) The exterior of the dwelling as well as the site shall maintain a residential appearance with no differentiation from the exterior as to which portion of the dwelling is being used in connection with the home-based business.

(4) There shall be no storage of equipment, vehicles or supplies associated with the home-based business outside the dwelling.

(5) There shall be no display of products visible in any manner from the outside of the dwelling, except that one nonilluminated nameplate, not to exceed one square foot in area, mounted flat against the dwelling shall be permitted.

(6) The home-based business shall be limited to the residents of the dwelling unit and not more than two additional persons on the premises.

(7) Use of commercial vehicles for delivery to or from the premises shall be limited to one vehicle, not to exceed 3/4 of a ton and owned by the resident of the dwelling, which shall be parked in an adequate off-street parking space on the premises. Commercial vehicles with more than two axles shall not be permitted to make deliveries of materials to or from the premises.

(8) For those home-based businesses in which instruction or meetings are required, no more than three pupils, visitors, clients or customers shall be permitted on site at one time.

(9) Adequate off-street parking spaces shall be provided on the premises, but in no event shall more than three spaces in addition to those required to comply with the requirements of Article X, Off-street Parking and Loading, for the residential use shall be permitted.

(10) No equipment shall be used or process conducted which creates noise, vibration, glare, fumes or odors detectable to the normal senses at the boundary line of the premises.

(11) No home-based business shall be conducted between the hours of 9:00 p.m. and 9:00 a.m.

D. Satellite antennas accessory to residential uses.

(1) Only one satellite antenna shall be permitted per property.

(2) No antenna shall exceed an overall diameter of three meters or an overall height of 15 feet above existing grade.

(3) Satellite dish antennas with a diameter measuring one meter or less may be installed in a manner consistent with radio and television antennas as provided for in § 43-41K. Installation of satellite dish antennas with a diameter larger than one meter shall be subject to the following conditions:

(a) The antenna shall be permanently ground-mounted. No antenna shall be installed on a portable or movable structure such as a trailer.

(b) Wires or connecting cable for ground-mounted antennas shall be buried underground.

(c) All installations shall be located to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties.

(d) Roof-mounted satellite dishes up to two meters in diameter shall be permitted subject to demonstration that compliance with applicable yard, setback and height restrictions would result in the obstruction of the antenna's reception window; furthermore, such obstruction involves factors beyond the applicant's control.

(e) The height of the proposed installation of roof-mounted satellite dish antennas shall not exceed the maximum height requirement for a principal use within the district. Buildings which are currently built to this maximum height may be permitted a rooftop installation, provided that the diameter of the antenna does not exceed three meters or 10% of the existing height of the building, whichever is less.

(f) All satellite antennas shall meet the setback requirements for accessory residential uses.

(4) Applications shall include written documentation and certification by a licensed professional engineer or registered architect that the proposed installation complies with all building codes and regulations, including load distributions within the building's support structure for rooftop installations.

(5) To the extent possible, all installations shall employ materials and colors that blend with the principal building and the surrounding environment.

(6) In all residential districts such antenna shall be totally screened, for its entire height, from view at ground level from any adjacent lot or street, public or private. Screening shall be provided by any one or more of the following methods: the dwelling or building on the lot where such an antenna is located; garages, storage buildings or other accessory buildings that meet all provisions of this chapter; or landscaping and plantings that provide year-round screening. Low-level ornamental landscape treatments may be permitted along the reception window axes of the antenna's base, if full height screening would obstruct the reception window, subject to demonstration that compliance with applicable screening, yard, setback and height restrictions would result in the obstruction of the antenna's reception window and, furthermore, that such obstruction involves factors beyond the applicant's control.

§ 43-78 Special use permit regulations for certain accessory nonresidential uses and structures.

A. Adherence to supplemental requirements. In addition to the requirements specified below, all accessory nonresidential uses and structures shall adhere to the supplemental requirements set forth in §§ 43-42 and 43-43, as appropriate.

B. [1]Live-work units.

[Amended 10-12-2004 by G.O. No. 6-2004]

(1) The unit or units shall be used for the conduct of a business, as a residence or for a combination of business and residential uses.

(2) The minimum average unit size shall not be less than 750 square feet.

(3) Each unit shall comply with the New York State Building and Fire Prevention Code requirements at the time of occupancy. Any change in use from residential to commercial, or from one commercial use to another commercial use, or from commercial to residential use shall require a new certificate of occupancy.

(4) No live-work unit is permitted on the first floor of any structure.

(5) Vents and other air-handling or ventilation equipment, excluding residential-type air-conditioner sleeves, shall not be permitted to be placed upon any principal facade of any live-work building.

(6) No sign may be erected in any window or on any wall of the building except for a one-foot-by-one-foot flush-mounted sign at the building entry for any live-work use within the building. In the case of a building devoted entirely to live-work units, an exception may be made and a building identification or name sign may be permitted. Additionally, a three-foot-by-two-foot flush-mounted directory may be permitted at ground level immediately adjacent to the entrance to the building.

[1] Editor's Note: Former Subsection B, regarding helistops or heliports, was repealed 6-28-2016 by G.O. No. 13-2016. This ordinance also provided for the redesignation of former Subsections C and D as Subsections B and C, respectively.

C. Satellite antennas accessory to commercial or industrial uses.

(1) Satellite dish antennas with a diameter measuring two meters or less may be installed in a manner consistent with radio and television antennas as provided for in § 43-41K. Installation of satellite dish antennas with a diameter larger than two meters shall be subject to the following conditions:

(a) The antenna shall be permanently ground-mounted. No antenna shall be installed on a portable or movable structure such as a trailer.

(b) Wires or connecting cable for ground-mounted antennas shall be buried underground.

(c) All installations shall be located to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties.

(d) Roof-mounted satellite dishes shall be permitted subject to demonstration that compliance with applicable yard, setback and height restrictions would result in the obstruction of the antenna's reception window and, furthermore, that such obstruction involves factors beyond the applicant's control.

(e) The height of the proposed installation of roof-mounted satellite dish antennas shall not exceed the maximum height requirement for a principal use within the district. Buildings which are currently built to this maximum height may be permitted a rooftop installation, provided that the diameter of the antenna does not exceed three meters or 10% of the existing height of the building, whichever is less.

(f) All satellite antenna shall meet the setback requirements for accessory nonresidential uses and structures.

(2) Applications shall include written documentation and certification by a registered engineer that the proposed installation complies with all building codes and regulations, including load distributions within the building's support structure for rooftop installations.

(3) To the extent possible, all installations shall employ materials and colors that blend with the principal building on the property and adjacent uses in the area.

(4) Rooftop antenna shall be screened by means of parapet walls, fences or other materials similar in color and texture to the building on which it is located. Ground-mounted antennas shall be screened in a similar manner to that required for outdoor storage for nonresidential districts as provided for in § 43-42L.

§ 43-79 through § 43-84. (Reserved)