Town of Clarkstown, NY Article II Districts, Zoning Map and Controls

§ 290-5 Establishment of districts.

A. The Town of Clarkstown is hereby divided into the following districts, the respective symbol for each type of district being set forth opposite its title:

[Amended  4-7-1976;  6-28-1983; 9-15-1988;  2-24-1998; 4-17-2007 by L.L. No. 3-2007; 7-19-2011 by L.L. No. 5-2011; 12-11-2012 by L.L. No. 6-2012; 5-7-2013 by L.L. No. 3-2013; 8-5-2014 by L.L. No. 8-2014; 3-22-2016 by L.L. No. 5-2016; 6-25-2019 by L.L. No. 9-2019]

Symbol	Title
R-80	Low Density Residence (80,000 square feet)
R-40	Low Density Residence (40,000 square feet)
R-22	Medium Density Residence (22,500 square feet)
R-15	Medium Density Residence (15,000 square feet)
R-10	Medium High Density Residence (10,000 square feet)
LO	Laboratory Office
PO	Professional Office
LS	Local Shopping
CS	Community Shopping
MRS	Major Regional Shopping
LIO	Light Industrial Office
M	Manufacturing
PED	Planned Economic Development
R-160	Conservation Density Residence
MF-1	Multifamily
MF-2	Multifamily
MF-3	Multifamily
AAR	Active Adult Residence
HC	Hamlet Commercial
NS	Neighborhood Shopping
H1	Civic & Cultural
H2	Hamlet Neighborhood
H3	Hamlet Transition
H4	Hamlet Center
CO	Commercial Office
COS	Commercial Office Support
HC-N	Hamlet Commercial - Nanuet
TOD 1	Transit Oriented Development 1
TOD 2	Transit Oriented Development 2
TOD 2	Transit Oriented Development 3

B. Each such district may be designated on the Zoning Map referred to in § 290-8, in the use and bulk tables in § 290-11 and elsewhere in the text of this chapter by its symbol only.

§ 290-6 Purpose of districts.

A. R-80. This district is the lowest-density residential district in the town and is mapped in outlying areas away from hamlet centers, community facilities and services and generally in areas of more rugged topography.

B. R-40. This district is the next to the lowest density residential district and is mapped between the outlying areas of town and the more built-up residential subdivisions and can be better served with community facilities and services.

C. R-22. This district is in the middle of the range of single-family residential districts and generally on the periphery of the fifteen-thousand-square-foot subdivision areas, and acts as a transitional district between said subdivision areas and the lower density areas.

D. R-15. This is the medium-density residential district of the town that is most attractive to subdivision activity and is mapped over a majority of the residential areas as a large belt surrounding the hamlet centers.

E. R-10. This district permits the highest density of single-family detached housing and therefore is mapped close to the commercial facilities of the hamlet centers and for the most part reflects the existing residential character of the development.

F. [1]LO. This district is designed primarily to provide a restrictive district for a group of certain laboratory and office uses in a parklike development. The regulations of the district are intended to ensure not only the compatibility of the district uses with each other, but with adjacent districts.

[1] Editor's Note: Former Subsections F and G, regarding the RG-1 and RG-2 Districts were repealed 3-22-2016 by L.L. No. 5-2016, and former Subsections H through AA were redesignated as Subsections F through Y, respectively.

G. PO. This district provides areas for professional office services near the hamlet centers and local and community shopping areas with limited types of commercial sales and services. This district is often adjacent to residential areas and serves as a transitional district between commercial and residential areas.

H. LS. This district offers local shopping convenience goods and services to the surrounding residential areas of the town and is not meant to attract shoppers from other areas because of specialty items or services.

I. CS. This district offers goods and services that are needed by a larger segment of the town, including items of a more special nature such as clothing, banks and printing shops. This district does attract persons throughout the town but is not meant to be a major attraction to large numbers of shoppers from adjacent towns or counties.

J. RS. This district offers the full range of commercial shopping needs from convenience to shopping specialty items in a location that is on or immediately adjacent to major state highways, in order to handle shoppers from the surrounding region.

K. MRS. This district offers the full range of commercial shopping center services, including without limitation convenience, shopping specialty items, and department stores on a site consisting of at least 30 acres in one or more lots and in a location on or immediately adjacent to major highways, in order to serve shoppers from the surrounding region. After October 26, 1999, newly established MRS Districts must consist of at least 75 acres.

[Amended 10-26-1999]

L. LIO. The purpose of the Limited Light Industrial Office District is to permit the development of selected industrial uses on land planned and suited to such uses but at the same time protecting the character of the surrounding residential areas or planned residential areas. Manufacturing operations are to be permitted only if they are incidental or accessory to the primary operation of the plant, or allowed by special permit of the Town Board. This district is planned and intended for industrial land uses characterized by low land coverage, with large year-round landscaped setbacks for protection of residential areas, attractive building designs and developing an industrial parklike setting. The regulations are designed to promote industrial developments using the highest acceptable planning standards to properly handle any obnoxious and objectionable external effects upon the surrounding residential areas, circulation systems, drainage and other natural features. All references throughout this entire chapter to "IO Industrial Office" are hereinafter deemed to refer to "LIO Light Industrial Office."

[Amended 8-8-1995]

M. M. This district permits the full range of office, manufacturing, storage and related uses, subject to performance standards and screening provisions, on sites which are adjacent to major regional roadways, causing a minimum of disruption to the residential activities of the community, while serving the economy of the town and region.

N. PED. The intent of the PED District is to permit greater flexibility in the design and development of offices, warehousing and industrial parks than is generally possible under conventional zoning. It is further intended to promote the economic and efficient use of land by permitting the provision of certain commercial uses within an executive park setting. The PED regulations are designed to give the developer a knowledge of the general type of development which will be permitted before completion of detailed designs for every building and parcel, while providing the town with assurances that the overall development will be satisfactorily planned and constructed in accordance with an overall conceptual plan for the entire tract.

[Added 4-7-1976]

O. R-160. The Conservation Density Residence District is hereby established to provide protection to the town's scenic resources, including streams, wooded-areas, steep slopes, large open spaces and scenic vistas, by controlling and limiting development that would otherwise encroach upon these scenic resources. Specifically, the purpose of the district is:

[Added  6-28-1983]

(1) To preserve and protect the scenic resources of the Town of Clarkstown.

(2) To allow for the continuation of a frame of green wooded hills along the town's northern boundary as a continuation of High Tor State Park, South Mountain County Park and, in the Valley Cottage area, as a continuation of the green wooded hills of Rockland Lake State Park.

(3) To support the practice of avoiding intensive development through the granting of land donations, negative easements and other limited interests in land.

(4) To minimize development near streams and marshes, rock outcrops, upon high places and steep slopes or near parks.

(5) To provide for volume and routing of vehicular and pedestrian traffic with the least practicable impact to and within conservation areas.

(6) To minimize erosion and the likelihood of damage due to flooding or runoff, and to preserve or enhance natural stormwater storage.

(7) To promote the enjoyment of scenic vistas and natural areas by residents and visitors.

(8) To protect the watershed of the Hackensack River.

(9) To minimize the loss of forest cover on steep slopes and escarpments.

(10) To encourage creation, preservation or enhancement of wildlife cover and habitat; and to foster the continuity of natural ecosystems.

P. MF-1, MF-2 and MF-3: The Multifamily MF-1, MF-2 and MF-3 Zones are established in order to provide additional housing opportunities in attached housing developments. These zones are designed for areas which can provide local services necessary to support relatively intensive housing development and where such developments will be compatible with the existing scale of development. As such, these zones are intended to be located in the dense portions of the town's hamlets.

[Added  9-15-1988; amended  2-24-1998]

Q. AAR.

[Added 4-17-2007 by L.L. No. 3-2007]

(1) The purpose and intent of the AAR Zone is to provide housing to accommodate a range of independent living accommodations for active adults and to create housing or provide financial resources to assist income-eligible active adults to obtain or retain housing. The Town of Clarkstown recognizes that our senior citizen population is largely comprised of individuals with limited or fixed incomes who, given present market conditions, find it increasingly difficult to acquire and/or maintain a single-family home. The AAR Zone is intended to require the provision of affordable housing as a portion of age-restricted housing development in the community, and to implement the affordable housing goals, policies and objectives set forth in the Town's Comprehensive Plan. The AAR Zone is intended to address a range of housing needs by encouraging a range of housing types, locations and sizes. This zone is intended for areas of the Town where local services necessary to support active adults are immediately available. It is the intent that clustering be considered for complexes within the zone so as to minimize the impact on the environment. A proposed active adult community must be compatible with the existing scale of development nearby and be consistent with the recommendations of the Housing Advisory Board report and the Town Development Plan as adopted by the Clarkstown Planning Board on August 16, 1966, and the Comprehensive Plan update as adopted by the Planning Board and Ad-Hoc Committee on June 30, 1999, and adopted by the Town Board on September 28, 1999. This local law[2] is enacted in accordance with the provisions of §§ 261-b and 272-a of the Town Law of the State of New York.

[2] Editor's Note: "This local law" refers to the amendments adopted 4-17-2007 by L.L. No. 3-2007.

(2) The specific objectives of this zone are:

(a) To provide affordable housing for those senior citizens living on fixed or limited incomes in order to give such residents the opportunity to remain in the community close to family and friends.

(b) To provide appropriate sites for the development of such housing in locations convenient to social and medical facilities, retail shops, public transportation and other necessary services.

(c) To provide, within the boundary of the development, appropriate social, recreation and other facilities which will contribute to the independence and meaningful activity of senior citizens.

(d) To provide for the safety and convenience of residents through site design and housing unit design requirements which consider the special physical constraints of the elderly and the physical characteristics of the design site.

(e) To regulate the nature and density of senior citizen housing developments, their site layout and design, and their relationship to adjoining uses, so as to provide ample outdoor living and open space for residents and to minimize detrimental effects on the surrounding neighborhood and environment.

R. HC. To reinforce and protect the existing historic character of the hamlet commercial center by encouraging renovation and new construction which is in keeping with the local historic scale and character.

[Added 7-19-2011 by L.L. No. 5-2011]

S. NS. The purpose of the Neighborhood Shopping District is to provide for areas of small commercial and mixed-use development in a suburban neighborhood center or small "hamlet center support" setting along major transportation corridors. The primary use is intended to be small commercial (retail) and professional activities, with opportunities for mixed-use multifamily residential uses.

[Added 12-11-2012 by L.L. No. 6-2012]

T. H1. This district is intended to define the heart of the New City Hamlet with functions of Town government, public spaces and cultural amenities.

[Added 5-7-2013 by L.L. No. 3-2013]

U. H2. This district is intended to be a neighborhood which provides residential housing and small-scale local shopping and services to the immediate area while maintaining the residential scale and character of the streets.

[Added 5-7-2013 by L.L. No. 3-2013]

V. H3. This district is intended to offer goods and services that are needed by a larger segment of the Town, but is not meant to be a major attraction to large numbers of shoppers from adjacent towns or counties. It is also intended to promote continued redevelopment along Main Street commercial properties to help create an attractive pedestrian shopping area, while acting as a transitional buffer to the adjacent residential neighborhoods.

[Added 5-7-2013 by L.L. No. 3-2013]

W. H4. This district is intended to offer goods and services that are needed by a larger segment of the Town, but is not meant to be a major attraction to large numbers of shoppers from adjacent towns or counties. It is also intended to promote continued redevelopment along Main Street commercial and mixed-use properties to help create an attractive pedestrian shopping area.

[Added 5-7-2013 by L.L. No. 3-2013]

X. CO. The purpose of the Commercial Office (CO) District is to provide for "office park" or "executive park" areas of commercial mixed-use in campus-like settings on major transportation corridors. The primary use is intended to be offices for a variety of commercial, research and similar activities. Light industrial uses, such as technology research that operates enclosed in office-like settings and are generally compatible with commercial office uses, are encouraged and allowed.

[Added 8-5-2014 by L.L. No. 8-2014]

Y. COS. The Commercial Office Support (COS) District provides commercial and retail land uses that support the CO District's "office park" setting on major transportation corridors. The primary use is intended to be a variety of commercial office, research and other similar activities. Light industrial uses, such as technology research that operate in an office-like setting and are compatible with commercial office uses, are generally allowed. The COS District permits retail uses that complement the character and scale of the area while serving employees working within approximately 1/2 mile of the location.

[Added 8-5-2014 by L.L. No. 8-2014]

Z. HC-N. The purpose of the Hamlet Commercial - Nanuet District is to promote development and redevelopment along the Main Street (Middletown Road) corridor in Nanuet and enhance the public streetscape and pedestrian environment. New development and buildings in this district are encouraged to be mixed-use with residential over retail/commercial uses that promote an active streetscape.

[Added 6-25-2019 by L.L. No. 9-2019]

AA. TOD 1. The purpose of the Transit Oriented Development 1 District is to provide a residential buffer between single-family residential neighborhoods and limited mixed-use developments within proximity to the Nanuet Train Station. The primary use is intended to be multifamily residential uses in the form of two- and three-story walkup residential attached townhouses or condominiums.

[Added 6-25-2019 by L.L. No. 9-2019]

BB. TOD 2. The purpose of the Transit Oriented Development 2 District is to function as a transition district between single-family and townhouse-style residential neighborhoods and higher-density mixed-use developments located to the east of the railroad tracks and along Main Street. The primary use is principally three- and four-story residential apartments, with limited ground-floor commercial uses that cater to local residents and train station commuters.

[Added 6-25-2019 by L.L. No. 9-2019]

CC. TOD 3. The purpose of Transit Oriented Development 3 District is to function as a mixed-use commercial area adjacent to the Nanuet Train Station and Hamlet Commercial - Nanuet District. Zoning specifications would allow for three- and four-story mixed-use buildings, consisting primarily of studio and one-bedroom apartments on upper floors and commercial uses or parking exclusively on the first floor of each building.

[Added 6-25-2019 by L.L. No. 9-2019]

§ 290-7 Planned Economic Development District.

[Added  4-7-1976]

A. Authority. The municipal authority designated to act under the Planned Economic Development District shall be the Town Board of the Town of Clarkstown, New York.

B. Procedure.

(1) Eligibility standards. In accordance with the procedures and conditions hereinafter specified, all planned economic developments shall conform to the following eligibility standards.

(a) All planned economic developments shall have a minimum parcel area of 50 contiguous acres, which may be separated by a public street. Said acreage shall be in one ownership or in joint ownership under a suitable agreement in recordable form that provides for coordinated development of the parcel. Said agreement shall be approved by the Town Attorney of the Town of Clarkstown.

(b) All planned economic developments shall be located in land currently zoned LO, LIO or M.

(c) The access of the planned economic development shall be directly from or within one-half mile distant of, measured along roads, an existing major or limited access road, as defined by the Official Map of the Town of Clarkstown. If not directly fronting on such a road, satisfactory provision for direct and adequate access to a major or limited access road shall be indicated as part of the overall master plan of development.

(d) An Overall Master Plan of the planned economic development shall be submitted to the Town in accordance with § 290-7B(2)(c) of this chapter.

(2) Application for PED zoning.

(a) Application submission procedure. The application for rezoning of a parcel or parcels to PED shall be made to the Town Board of the Town of Clarkstown. The application shall be first reviewed by the Town Planning Director or, if none exists, by a designated representative of the Town Board, for determination that said application complies with all application requirements of this section and is complete. Once a complete application is received, the Planning Board shall review said application in accordance with § 290-7B(3) of this chapter.

(b) Application requirements. The application for rezoning to PED shall set forth the name and address of the applicant; the location of the land proposed to be developed; the nature of the applicant's interest in the land; the record of any covenants, grants, easements or any other restrictions imposed upon the land or buildings, including easements for public utilities; the projected schedule of development and a written description of the project, indicating why the public interest would be served by the proposed development. In addition, the applicant shall also submit an Overall Master Plan of the ultimate development of the entire holding in accordance with the following provisions.

(c) Overall Master Plan. The Overall Master Plan shall consist of a series of maps or charts, as appropriate, drawn at a scale of not less than one inch equals 200 feet, indicating:

[1] Existing topography, with contour intervals at not less than five feet, showing all proposed major topographic changes.

[2] Soil types and characteristics as related to the proposed use of the site.

[3] Natural drainage systems and proposed changes, if any.

[4] Existing and proposed water, storm and sanitary sewer systems.

[5] Proposed land and building uses.

[6] Proposed internal circulation system.

[7] Proposed access to adjoining roads.

[8] Proposed open space and buffer areas.

[9] Proposed general location of buildings and major parking areas.

[10] Prototype illustrative site plan indicating the type of site planning contemplated for the various major land uses.

[11] Sketches and elevations showing the general architectural treatment contemplated.

[12] Table indicating floor area, height, parking and loading as provided for the various land uses and building types of the PED development.

[13] Surrounding land uses and the distance of nearby buildings to the site.

[14] Proposed method of protecting adjoining land uses from any adverse influences of development.

[15] Potential range of peak hour traffic, both automobile and truck, anticipated to be generated by proposed uses and an analysis of the effect on the local road system.

[16] Effect of proposed modifications on natural drainage systems, both upstream and downstream of the PED area.

[17] Natural characteristics of the site requiring special attention to determine if these features are to be protected.

[18] Other data required for Town review, as determined by the Planning Board, Planning Director, Town Engineer or others.

(d) Fee. Every application for a PED shall be accompanied by a fee of $500 to help defray the cost of processing. The applicant shall also be required to bear the expense of any consultants which the Town deems necessary to assist in the review of technical aspects of the proposal, up to a maximum of $100 per acre of land within the PED.

[Amended 3-9-1993]

(3) Planning Board review and recommendations. The Planning Board shall review the Overall Master Plan in relation to the Comprehensive Development Plan of the Town of Clarkstown and the general desirability of the PED on the given site, with particular reference to the applicable provisions of § 290-33B(2) of this chapter. The Planning Board shall report to the Town Board within 45 days of receipt of a complete application and Overall Master Plan. The Planning Board may refer the Overall Master Plan to appropriate consultant agencies for comment. The Planning Board shall make a recommendation to the Town Board stating its approval, disapproval or approval with specific modifications.

(4) Town Board review. Within 45 days of receipt of the report from the Planning Board, the Town Board shall hold a public hearing on the PED, and on any modifications as suggested by the Planning Board, in the manner as prescribed in § 290-33C for Zoning Map changes.

(5) Town Board action. Within 45 days after the completion of the public hearing, the application shall be either approved, disapproved or approved with modifications by the Town Board. If approved, or approved with modifications which are mutually agreed to by the town and developer, the PED Zoning Map designation and the Overall Master Plan shall be in effect on the site.

(6) Validity. The Overall Master Plan for a PED, as approved by the Town Board of the Town of Clarkstown, shall be in effect, unless the applicant elects to submit a revised Master Plan in accordance with § 290-7B(8), or unless no development is initiated in the PED within the first 18 months of the approval of the Overall Master Plan.

(7) Site plan review.

(a) Individual buildings or groups of buildings shall be required to meet satisfactory PED site plan review requirements as set forth in the site plan regulations for a PED District as established by the Town of Clarkstown.

(b) The applicant may initiate the site plan review process for any stage of the development simultaneously with the application and review of the entire PED.

(8) Revisions to the Overall Master Plan. An approved Overall Master Plan for a PED may be revised. Major revisions which substantially alter access patterns, major traffic conditions or substantial changes in floor area or land use shall be received and reviewed as new applications for a PED, subject to Subsection B(2) of this section. The Town Board shall approve, disapprove or approve with modifications the revised Master Plan. Disapproval of the revised Master Plan on a previously approved PED shall mean that the originally approved Overall Master Plan and the PED shall remain in effect on the site.

C. Bulk regulations for the overall PED shall be as follows:

[Amended 1-26-1993]

(1) Maximum floor area ratio (FAR) of all structures in PED: 0.40.

(2) Maximum floor area ratio (FAR) of permitted commercial uses as specified in § 290-7B(1): 0.10.

(3) Maximum height of all buildings in PED: 48 feet, excluding public utility and commercial radio or television transmission towers.

(4) Minimum buffer required around the entire PED: 100 feet, with parking permitted within said buffer, except that no parking shall be permitted within 50 feet of residential zoning districts nor within 20 feet of major or secondary roads as defined by the Official Map of the Town of Clarkstown; except, however, that the Planning Board may, as part of site plan approval, allow a railroad siding and the building or buildings served by said siding within the one-hundred-foot buffer, where this will not weaken the integrity of the PED district or adversely affect adjoining or nearby properties.

[Amended 7-13-1982]

(5) The Planning Board may require minimum buffer areas around the site, with no parking, or driveways, regardless of adjoining uses.

[Added 3-10-1987]

D. Bulk regulations for buildings that are essentially retail in nature, as determined by the Planning Board, shall be as follows:

[Added 1-26-1993]

(1) Maximum floor area ratio (FAR): same as § 290-7C(1).

(2) Maximum height: same as § 290-7C(3).

(3) Minimum buffer: same as § 290-7C(4).

(4) Minimum lot area: four acres.

(5) Minimum lot width: 220 feet.

(6) Minimum front yard: 80 feet, with no parking or aisles within 30 feet of the right-of-way.

(7) Minimum side yard: 60 feet, but shall be increased by 50% when adjacent to a residential district.

(8) Minimum both side yards: 150 feet. Note 15 of Table 12 regarding buffer areas applies.[1]

[Amended 3-22-2016 by L.L. No. 5-2016]

[1] Editor's Note: Table 12, General Bulk Regulations, is included as an attachment to this chapter.

(9) Minimum rear yard depth: 50 feet, but shall be increased by 50% when adjacent to a residential district, with no parking or aisles in the increased area and a buffer area of at least 15 feet along the rear lot line.

§ 290-7.1 Active Adult Residence Zone.

[Added 4-17-2007 by L.L. No. 3-2007]

A. General provisions.

(1) The AAR Zone is a floating zone, unmapped at initial adoption, and created by amendment to the Town's Zoning Map through exercise by the Town Board of the procedures set forth in this Zoning Local Law. The Town Board has full discretion regarding any request by petition to the Town Board for mapping a site as AAR, subject to the provisions of the Zoning Local Law.

(2) Any parcel that may be designated as AAR must be proximate to public transportation, shopping, community and commercial services.

(3) Properties that are developed for multifamily use at the time of adoption of this amendment are not eligible for redevelopment in the AAR Zone.

(4) The following zones shall be eligible hosts for the floating zone: R-10, R-15, R-22, RG-1, RG-2, MF-1, MF-2, MF-3, LO, PO, LS, CS, and LIO. Joint applications for a zone change and AAR designation are prohibited. Only nonresidential parcels which abut residential districts that are eligible hosts for the floating zone are eligible for floating zone designation.

[Amended 5-7-2013 by L.L. No. 3-2013; 8-5-2014 by L.L. No. 7-2014]

(5) The total aggregate number of units allowable in AAR Zones established pursuant to this section shall be no more than 800, of which no more than 15% shall constitute three-bedroom units. The Town Board may, by resolution passed by a super-majority vote after a public hearing, increase the total aggregate number of units allowable in AAR Zones. No such increase shall take place until at least one year after final Planning Board approval of the initial 800 units.

(6) Only parcels which are three acres or larger in net lot area, after deduction of areas with development limitations as per § 290-21D, shall be eligible for AAR Zone designation. Assemblage of properties or parcels not in the same ownership at the time of adoption of this section so as to meet minimum acreage requirements is prohibited.

B. Application procedure.

(1) Application. Application for the establishment of an Active Adult Residence Zone by amendment of the Clarkstown Zoning Local Law shall be made, in the form of a written petition, to the Town Board. Application shall be made by the owner(s) of the land(s) to be included in the district or by a person or persons possessing written contract or option rights to purchase the lands. In the event that an application is made by a person or persons holding rights to purchase the lands, the application shall be accompanied by a statement signed by all owners of such land indicating concurrence. Upon submission of a complete application, the Town Board may refer the application to the Planning Board for recommendation. The Town Board may schedule an informational workshop to discuss the proposal at any point before or during the application process.

(2) Application materials. The applicant shall submit a preliminary plan in sufficient quantity as determined by the Town. The preliminary plan, to be complete, shall consist, at a minimum, of the following:

(a) Metes and bounds description of the proposed district.

(b) A survey of the parcel prepared and certified by a licensed land surveyor.

(c) A proposed preliminary plan, drawn to scale, showing existing conditions of the parcel, including:

[1] The name and address of the owner of record and applicant, if different.

[2] The name of the person or firm preparing the map.

[3] The date, North arrow and scale.

[4] The names, addresses and Tax Map parcel numbers of owners of all parcels within 500 feet of the subject property; also, mailing labels for all property owners of parcels within 500 feet of the subject parcel(s).

[5] The acreage of the parcel and the County Tax Map number.

[6] The boundaries of the parcel plotted to scale.

[7] The location and width of existing and proposed state, county or Town highways or streets and rights-of-way abutting or within 200 feet of the parcel.

[8] The location and outline of existing structures both on the parcel and within 100 feet of the property line.

[9] The location of any existing storm or sanitary sewers, culverts, water lines, hydrants, catch basins, manholes, etc., as well as other underground or aboveground utilities within or adjacent to the parcel.

[10] The existing zoning and location of zoning boundaries.

[11] The location and outline of existing water bodies, streams, marshes or wetland areas and their respective classification as determined by the appropriate governmental regulatory body.

[12] The approximate boundaries of any areas subject to flooding or stormwater overflows.

[13] The location and outline of existing vegetation clusters (for a distance of 50 feet onto adjoining property).

[14] Freestanding trees with a caliper d.b.h. of 10 inches or greater located within the parcel.

[15] Existing contours at an interval of five feet (or less) and extending no less than 50 feet onto adjoining property.

[16] The identification of any other significant natural feature.

[17] The approximate location and dimensions of principal and accessory buildings on the site, their relationship to one another and to other structures in the vicinity, as well as the number of dwelling units by housing type and size, plus a calculation of the density, in dwelling units per acre allowed per current zoning regulations. Any request for a density bonus shall also be specifically set forth, with the proposed density bonus units identified.

[18] The approximate location and dimensions of vehicular traffic circulation features of the site, including proposed roadways, internal driveways, parking and loading areas and proposed access to the site.

[19] The approximate location and nature of pedestrian circulation systems, open space and outdoor recreation areas on the site.

[20] The proposed source of water supply and method of delivery to the site.

[21] A general plan for the collection and disposal of sanitary wastes from the site.

[22] A general stormwater management plan and how it is to be connected to the drainage systems of adjoining land. If retention or detention basins are proposed, ownership information and maintenance responsibilities shall be noted.

[23] A preliminary site grading plan at intervals of five feet or less.

[24] Preliminary identification of areas which will be disturbed and areas which will remain undisturbed by project implementation.

(d) A vicinity map showing the proposed use in relation to adjoining uses: grocery stores, community facilities, social service facilities, post offices, public transportation, medical facilities, pharmacies, religious institutions and proximity to other active adult residences.

(e) Preliminary floor plans and building elevations.

(f) A description of any subsidy program relied on in development of the project and proposed rents or selling prices within a reasonable range.

(g) A statement as to the percentage, type, number of bedrooms and the location of affordable units.

C. Initial review.

(1) In its review of the application, the Town Board may, in lieu of rejection of the application, suggest such changes in the preliminary plans as are found to be necessary or desirable to meet the requirements of this section, to protect the established or permitted uses in the vicinity and to promote the orderly growth and sound development of the community. The Town Board may notify the applicant of such changes and may discuss the changes with the applicant. The suggestion of changes by the Town Board shall not constitute a waiver of its legislative discretion to reject or to deny the rezoning application. If it elects, the Town Board may delegate to the Planning Board, as part of its referral of the matter, this function of dialogue with the applicant on suggested modification to the preliminary plans.

(2) The applicant may submit revised preliminary plans incorporating the changes requested. If resubmission is not made within 90 days of receipt of the Town Board's suggested changes, the application shall be deemed abandoned. Upon mutual consent of the Town Board and the applicant, the Town Board may extend the time frame for resubmission for an additional 90 days.

(3) Consistent with § 290-33, the Town Board may refer the application to the Planning Board for its report and recommendation. The Planning Board shall make a recommendation on the application and shall report its findings to the Town Board on the merits of the preliminary plans unless the application is abandoned as provided in the preceding subsection. A favorable recommendation shall not constitute or imply an approval of any sort, nor shall it constitute a decision upon an action under the State Environmental Quality Review Act.

D. Environmental review.

(1) In order to minimize the potential environmental impact that could be associated with increased density, an applicant seeking a density bonus pursuant to Subsection I herein shall be required to show that the environmental impact of the proposed senior development will not be any greater than that of the as-of-right development under the existing zoning or that the applicant has incorporated appropriate mitigation measures into the project. In support of such a showing, the applicant may provide studies with respect to water supply, stormwater management, traffic and energy consumption.

E. Criteria for rezoning to Active Residence Zone. In making findings and in determining whether or not to recommend approval, the Town Board, or the Planning Board, as the case may be, shall consider, together with the intent and objectives of this article, and make written findings with respect to whether the proposed district and development meet the following criteria:

(1) The proposed location in relation to similar developments nearby, whether by age restriction, income or density.

(2) Site suitability in relation to safety of vehicular access, availability of public transportation, pedestrian access to off-site locations for retail services, medical care, or recreation.

(3) Anticipated marketability in relation to similar developments in the Town, neighborhood factors, potential for occupancy by Town residents.

(4) Compatibility with the neighborhood in which the floating zone is proposed, potential for separation from nearby uses, and environmental factors.

(5) The site shall be served by both public water and public sanitary sewer facilities, and said facilities shall be adequate to accommodate the additional demand placed upon them by the proposed development.

(6) The site shall be well-drained, and stormwater generated by development of the site shall not place an undue burden on existing facilities or contribute to downstream flooding.

(7) The site shall be located in an area suitable for residential purposes and shall be reasonably free of objectionable conditions, such as odors, noise, dust, air pollution, high traffic volumes, incompatible land uses and other environmental constraints.

(8) The site should be located within reasonable proximity to public transportation service, or, in the alternative, shuttle bus or other transportation service shall be available to the site.

(9) The site shall be located such that access to the site can be obtained from a public street which meets current engineering standards of the Town with respect to roadway width and alignment, and acceptable sight distances can be developed at the site entry/exit and at intersections in the vicinity of the site.

(10) The architectural style of the proposed development, exterior materials, finish and color shall be consistent with existing community and neighborhood character.

(11) The site shall include appropriate amenities, such as recreational facilities, game rooms, meeting rooms, lounges and exercise rooms.

(12) The development of the site shall not produce undue adverse effects on the surrounding neighborhood.

(13) The extent to which quality affordable housing is made available to senior citizens, and whether the scope and design of the project will establish a worthwhile asset for this segment of the community and the community as a whole.

F. Town Board review.

(1) Upon receipt of a recommendation from the Planning Board, the Town Board may schedule and hold a public hearing. Alternatively, the Town Board may reject the application.

(2) Following completion of the public hearing, the Town Board may act to approve, approve with modification or conditions, or disapprove the rezoning application in the exercise of its sole legislative discretion. Approval shall result in amendment of the Zoning Map established by this chapter.

(3) As a condition to approval, the Town Board shall, pursuant to Town Law § 261-b(3)(d) and NYCRR Section 617.13, require the applicant to pay a fee to recover a proportionate share of the Town's cost, as lead agency, expended for the preparation of the generic environmental impact statement in connection with this section. Such charge shall be added to any site-specific charge made pursuant to the provisions of § 8-0109 of the Environmental Conservation Law.

G. Limitations on occupancy.

(1) The occupancy of active adult residential communities shall be limited to:

(a) Active adults;

(b) Active adult households;

(c) An unrelated caregiver under the age of 55 if it is established that the presence of such a person is essential for the physical care of an active adult.

(2) Persons under the age of 18 shall not be permitted to be permanent residents of dwelling units. For the purposes of this section, a "permanent resident" shall mean any person who resides within the dwelling for more than three consecutive weeks, or has listed the residence as a dwelling for any purpose whatsoever, including, but not limited to, enrollment in public or private schools.

(3) Notwithstanding the foregoing, each active adult residential community may set aside one dwelling unit to be occupied by a superintendent or building manager, to which the limitations on occupancy set forth above shall not apply.

H. Time limit on validity of rezoning. Any rezoning of property to the AAR Zoning District shall be null and shall revert back to the zoning classification that existed before the AAR Zone change by a ministerial redesignation on the official Zoning Map by the GIS Coordinator, unless actual construction, pursuant to a valid building permit, is commenced within two years from the date of final site plan approval. Reversion back to the zoning classification that existed before the AAR Zone change shall also occur if the project has not received final site development plan approval from the Planning Board within three years of the Town Board granting rezoning to the AAR Zoning District. Property which has been granted rezoning to the AAR Zoning District shall have three years from the effective date of this legislation to receive final site development plan approval before zoning reverts back to the zoning classification that existed before the AAR Zone change.

[Amended 7-18-2017 by L.L. No. 5-2017; 3-26-2019 by L.L. No. 3-2019]

I. Incentive density bonus. In granting an application for rezoning to an Active Adult Residence Zone, the Town Board may, in its discretion, grant up to the following maximum density bonuses:

[Amended 3-22-2016 by L.L. No. 5-2016]

(1) In R-22, R-15 and R-10 Zones, the maximum density bonus is equal to 100% of the maximum residential density, provided that 30% of the additional units permitted as a result of the density bonus shall constitute affordable units.

(2) In MF-1, MF-2 and MF-3 Zones, the maximum density bonus is equal to 20% of the maximum residential density, provided that 35% of the additional units permitted as a result of the density bonus shall constitute affordable units.

(3) For nonresidential zones, the maximum residential density shall be calculated by applying the zoning district of abutting residential parcels and calculating a theoretical unit count based upon a standard subdivision map. For nonresidential parcels that abut more than one residentially zoned parcel, the maximum residential density shall be calculated by applying the zoning district of the residential parcel with the greatest percentage of property abutting the subject property. For nonresidential zones abutting R-22, R-15 and R-10 Zones, the maximum density bonus is equal to 100% of the maximum residential density, provided that 30% of the additional units permitted as a result of the density bonus shall constitute affordable units. For nonresidential zones abutting MF-1, MF-2 and MF-3 Zones, the maximum density bonus is equal to 20% of the maximum residential density, provided that 35% of the additional units permitted as a result of the density bonus shall constitute affordable units.

(4) The Town Board may, in its discretion, grant less than the maximum density bonus with a corresponding pro-rata reduction in the number of required affordable units. The density bonus shall be established on a case-by-case basis by the Town Board using comparisons of traffic, impervious surface, proposed numbers of affordable units, variety of housing types and any other development-related factors the Town Board deems to be relevant, including, but not limited to, the surrounding residential zones.

J. Establishment of the Town of Clarkstown Affordable Housing Trust Fund. Pursuant to the authority granted by Town Law § 261-b, the Town hereby establishes an Affordable Housing Trust Fund, the purposes of which shall include:

(1) Funding of costs to be incurred by the Town in the administration and enforcement of the affordable housing program (established within this section) and including such activities with respect to affordable units established under this chapter, as well as funding of such future affordable housing programs as the Town may otherwise establish by legislation, order, or resolution;

(2) Defraying consulting fee expenses incurred, or to be incurred, by the Town in the establishment of such affordable housing programs;

(3) Defraying the cost of improvements to municipal infrastructure, including but not limited to roads, water, sewer, and drainage improvements, to the extent such capital expenditures are incurred in order to promote the development of affordable housing;

(4) The deposit of payments proffered by project sponsors in mitigation, where deemed suitable and appropriate by the Town, of any private residential development proposal's failure to provide affordable housing; and

(5) Any other purpose authorized by state or local law in connection with the expansion or improvement of affordable housing opportunities within the Town, including but not limited to establishment, to the extent authorized by law, of a program of grants or loans to not-for-profit or for-profit entities.

(6) The Affordable Housing Trust Fund may be employed for deposit of the proceeds of public grants or loans to the Town of Clarkstown to promote affordable housing opportunities, administration and/or enforcement, as well as to accept private monetary contributions to the Town for that donative purpose or for purposes of voluntarily mitigating the potential socioeconomic and environmental impacts of not providing affordable housing in residential development proposals of significant scale and dimension, particularly where, through the device of rezoning or otherwise, the developer seeks to procure increased density of development by means other than pursuit of the affordable housing incentives set forth in this section.

K. Restriction on sale and subsequent resale and rental.

(1) Every purchaser or renter of an affordable unit shall certify, on a form prescribed by the Town, that such unit is the primary place of residence. Purchasers of affordable dwelling units shall not be permitted to lease said units to other parties, this being enforced by a deed restriction. No developer shall sell or rent any unit without first obtaining such verified certificate from the purchaser.

(2) The landowner and developer shall file a declaration at the time of subdivision or site plan approval identifying the units which are affordable units, and restricting their future sales price and rental price under the provisions of this section. The declaration shall include a provision requiring that every deed for an affordable unit shall include the following paragraph to inform all future sellers and buyers or renters that this unit is an affordable unit subject to the provisions of this section:

"This dwelling is for use by low-moderate-income families pursuant to a special program under the Town of Clarkstown Zoning Local Law. Its future sale (including resale) or rent must be to persons who qualify with the income requirements and at a price in accordance with the program. The Town of Clarkstown shall have a right of first refusal to approve or disapprove the subsequent sale or rental of this dwelling based upon the income of the proposed purchaser."

(3) Affordable units constructed or offered for sale in the AAR Zone may be sold only after one year following the date of original sale. The sale price shall not exceed a price that equals the original purchase price plus the increase in the cost of living for the region as determined by the United States Department of Labor's consumer price index between the date of original purchase and the date of resale, plus a fair market value for improvements made to the unit.

(4) The Town Board may, as a condition to approval of an application, require the applicant to contract with a qualified agency to administer, maintain and oversee affordable units.

L. Additional requirements.

(1) Dwelling units shall be air-conditioned with individual thermostatic controls for heating and air conditioning;

(2) All dwelling units shall incorporate design features, to the maximum extent practical, which ensure the safety and convenience of the residents, including, but not limited to, elevators, provision of grab-bars, nonscalding faucets, water-impervious nonslip floors, flush thresholds and wheelchair-accessible doorways.

(3) Provisions for washers and dryers to be installed in individual dwelling units unless this provision is deemed impractical by the Planning Board.

(4) If pets are permitted, specific pet walking areas designated and located so as to prevent nuisance and annoyance or health hazards to the residents and/or abutting property shall be provided.

M. Site plans and approvals.

(1) The Planning Board shall review and conduct a public hearing on all applications for development in the AAR District in accordance with the provisions of this chapter.

(2) The Planning Board shall refer the site plan to the Architectural Historic Review Board for recommendations prior to approval.

[Amended 6-28-2016 by L.L. No. 8-2016]

(3) For all developments including detached and semi-attached patio homes and multi-unit complexes, the applicant shall set aside park and usable open space or may be required to pay a fee, as an alternative to reservation of land, as per § 246-12C.

(4) Where not modified by this section, all other conditions of the site plan approval and/or subdivision regulations of the Town shall apply, including but not limited to Chapter 246 and Chapter 254.

N. Severability. Should any section, paragraph, sentence, clause, word or provision of this section be declared void, invalid or unenforceable, for any reason, such decision shall not affect the remaining provisions of this section.

O. Effective date. This section shall become effective immediately upon filing with the Secretary of State.

§ 290-7.2 Hamlet Center Overlay Districts. [1]

[Added 7-19-2011 by L.L. No. 5-2011]

A. General provisions.

(1) Purpose and legislative intent. The Town Board of the Town of Clarkstown finds that it is desirable to create hamlet center overlay districts in various hamlets to:

(a) Create a visual and physical identification for individual hamlet centers.

(b) Preserve and retain remaining historic and architecturally significant buildings and encourage the renovation and construction of other buildings consistent with architectural designs of buildings constructed during the early history of each respective hamlet.

(c) Stimulate and maintain an environment where businesses can thrive.

(d) Encourage pedestrian activity by providing visual and physical elements that provide interest and a feeling of safety.

(e) Introduce signage standards that will help to achieve cohesiveness in the area.

(f) Provide incentive zoning pursuant to § 261-b of the Town Law where considered desirable to encourage revitalization that might not take place without such incentives.

(2) Definitions. As used in this chapter, the following terms shall have the meanings indicated:

HAMLET CENTER OVERLAY DISTRICT

A defined area within a particular hamlet that is designated by the Town Board for revitalization.

INCENTIVE

A zoning benefit that is granted, pursuant to § 261-b of the Town Law, to adjust provisions of Chapter 290, Zoning, of the Town Code of the Town of Clarkstown for the purpose of bringing about revitalization in a hamlet center overlay district.

RESIDENTIAL USE

Any buildings or parts of buildings in which people reside.

UNIQUE BUILDINGS

Existing buildings that should be retained because of their unique or historical references to a particular hamlet's early history and that are specifically listed in Article II of this chapter.

(3) Conflict with area and zoning regulations. Wherever there is a conflict between the regulations of a hamlet center overlay district and any other zoning district, the regulations of the hamlet center overlay district shall apply.

(4) Administration and approval process. All applications for renovation or new construction for property within any hamlet center overlay district shall be required to apply for and receive approvals as shown for each of the following situations:

(a) Internal renovations only to buildings that are legally existing with no change to the use, no increase in the use, no new floor area, and no additional use: building permit required.

(b) External renovation: approval of Architectural Historic Review Board and building permit required.

[Amended 6-28-2016 by L.L. No. 8-2016]

(c) New construction, change of use to buildings, increase in the use of an existing building, addition to building, new floor area, proposed change to ingress and/or egress: site plan approval from Planning Board, building facade approval from Architectural Historic Review Board, and building permit required.

[Amended 6-28-2016 by L.L. No. 8-2016]

NOTE: For purposes of this chapter, building facade review and approval by the Architectural Historic Review Board shall be binding and not advisory to the Planning Board. For site plan purposes, recommendations of the Architectural Historic Review Board shall remain advisory.

(5) Recording of hamlet center overlay district boundaries. Upon approval of any hamlet center overlay district, the Department of Engineering and Facilities Management shall immediately amend the Zoning Map to designate the added hamlet center overlay district.

[Amended 12-13-2018 by L.L. No. 9-2018]

(6) Design guidelines. All applicants for renovation or new construction for property within any hamlet center overlay district shall be required to submit plans that respect the precedents and styles that relate to the early history of each respective hamlet center. All plans must be in keeping with these guidelines for:

(a) Buildings.

[1] Existing unique buildings. For any proposal that includes an existing unique building to be modified, the applicant shall provide information concerning the original design of the building and the modifications that have taken place to the building. Every effort shall be made to restore the original appearance of the exterior of the building, with modifications only as considered appropriate by the Architectural Historic Review Board.

[Amended 6-28-2016 by L.L. No. 8-2016]

[2] New buildings and building additions. New buildings and building additions shall harmonize and adhere to the architectural styles found in the unique buildings specified for each hamlet center overlay district in Article II of this chapter for each respective hamlet center overlay district and defined under this chapter.

(b) Design elements. All proposed improvements to buildings and proposed new buildings shall be evaluated by the Architectural Historic Review Board for the appropriateness of the improvement in terms of these design elements:

[Amended 6-28-2016 by L.L. No. 8-2016]

[1] Overall design and cohesiveness.

[2] Appropriate use of exterior sheathing and decorative details.

[3] Window and door configuration.

[4] Setbacks and parking areas and site plan considerations.

(c) Every effort shall be made to maintain and encourage designs and layouts that enhance the pedestrian atmosphere of the respective hamlet center overlay district.

(7) (Reserved)

(8) (Reserved)

(9) (Reserved)

(10) (Reserved)

(11) (Reserved)

(12) (Reserved)

(13) (Reserved)

(14) (Reserved)

(15) Severability. If any portion of this chapter shall be declared void, ineffective or unconstitutional by any final decision of any court of record having jurisdiction, this entire chapter shall be deemed null and void and shall have no force or effect.

B. Specific Hamlet Center Overlay Districts.

(1) Congers Hamlet Center Overlay District.

(a) Boundaries. Congers Hamlet Center Overlay District includes those properties that are, at the time of the adoption of this section, zoned "LS" with frontage on Lake Road, Burnside Avenue, or North Rockland Avenue and located within 450 feet of Congers Lake Road and within the area from the west sides of Sherman Avenue and Pleasant Street north to the east sides of North and South Harrison Avenue. Congers Hamlet Center Overlay District also includes those properties that are, at the time of the adoption of this section, zoned "LIO" and located with frontage on Hemenway Avenue. [See Map of District in Subsection B(1)(m) herein.]

(b) Incentive use, permitted pursuant to § 261-b of the Town Law. As an incentive to encourage revitalization within this district, one-bedroom apartments shall be permitted over retail stores. This incentive is allowable by special permit of the Town Board and is subject to the requirements of §§ 290-15 and 290-32C(5). This incentive use is subject to additional regulations as follows:

[1] Exterior renovations, approved by the Architectural Historic Review Board, in an architectural style that will harmonize with the architectural features of the unique buildings within this district are required for any building to which an apartment or apartments shall be added under this incentive.

[Amended 6-28-2016 by L.L. No. 8-2016]

[2] New construction in an architectural style, approved by the Architectural Historic Review Board, which will harmonize with architectural features of the unique buildings within this district, shall be required for any new building that will have an apartment or apartments constructed under this incentive.

[Amended 6-28-2016 by L.L. No. 8-2016]

[3] Balconies for any apartments created under this incentive shall be constructed to give privacy to those using them as well as to shield those users and their personal effects (furniture, banners, etc.) from view of passersby. Exceptions to this requirement may be allowed by specific approval of the Architectural Historic Review Board when there is convincing evidence to show that the exception will improve the appearance of the building.

[Amended 6-28-2016 by L.L. No. 8-2016]

[4] Apartments created under this incentive shall be limited to one bedroom per apartment, and the certificate of occupancy shall be conditioned upon occupancy by no more than two individuals. Only the bedroom shall be used for sleeping purposes. No other habitable space shall be converted or used for sleeping purposes.

[5] Existing parking between the building and the front lot line shall be relocated wherever possible; where not possible, parking shall be separated from the street by stone walls, opaque fencing, landscaped berms or hedges, as determined by the Planning Board as part of site plan review.

[6] Nothing herein shall be construed to allow a new building to have a third story or an existing building to be allowed to build a third story, except on properties zoned LIO at the time of the adoption of this section.

[7] Property owners shall be required to give rental preference to Clarkstown residents for any apartment created under this incentive. Preference shall first be given to volunteer emergency personnel (including members of volunteer fire departments and ambulances corps) and to senior citizens. Any application for a certificate of occupancy for any apartment created under this incentive shall be accompanied by a declaration of covenant running with the land providing for the above preference. Such declaration shall be in a form approved by the Town Attorney and recorded with the Rockland County Clerk.

(c) Uses permitted by right. All LS (Local Shopping) uses are permitted throughout this district, except that drive-in restaurants are not permitted.

(d) Uses permitted by special permit. All LS special permit uses are permitted in this district, except that no residential uses of any type shall be added within the district except for one-bedroom apartments over retail stores as permitted as an incentive use. In addition, refer to § 290-17O(B) regarding hamlet center senior housing and map entitled "Congers Hamlet Center" (Attachment 7).[2]

[Amended 11-10-2011 by L.L. No. 7-2011]

[2] Editor's Note: Attachment 7 is included at the end of this chapter.

(e) Permitted general accessory uses. All LS permitted general accessory uses are permitted in this district, except that no temporary sales offices are allowed.

(f) Permitted accessory signs. In order to further identify the district as a unique setting, specific sign requirements replace those usually permitted in LS or LIO zones.[3]

[1] Types of signs. The following types of signs shall be permitted and all others excluded; with the exception of signs within the public right-of-way for directing traffic and providing information to the general public:

[a] Wood freestanding or monument signs: Wood freestanding signs that are painted or carved. Freestanding signs shall not exceed a total of twelve square feet inclusive of lettering, background and borders, and shall be no taller than six feet. Only one freestanding or monument sign shall be permitted per property. If more than one business is located on a single property, then all business names shall be combined on a single directory sign. Freestanding and monument signs shall be permitted in the front yard, provided that the location of such sign does not interfere with traffic safety. Signs may also be parallel or at right angles to the building.

[b] Wood panel or individual-lettered signs: Wood panel or individual lettered signs may be used on any elevation of the building and may be painted or carved or individually made. Such signs may not exceed a total of ten square feet for each business on each elevation, inclusive of lettering background and borders. If more than one business exists in one building, then only one such panel sign shall be permitted per business on any single elevation.

[c] Directional signs for the convenience of the patrons or customers may be permitted, however these signs shall be no larger than necessary to serve the purpose for which they are intended, and colors and materials shall coordinate with the overall design of signs for the entire property.

[d] Window painting. Where appropriate, painted window signs may be permitted; however, typeface will be limited to Times New Roman or similar typeface. Window sign will be hand lettered and shall not have a painted background. The space permitted for a window sign shall not exceed 25% of the total window area, as measured from the outer edges of the lettering.

[2] Lighting. Lighting of signs shall be permitted by means of directional lighting from the base or the top of the sign. Internal illumination, fluorescent lighting or neon lighting is prohibited. All lighting shall not interfere with the comfort and safety of the general traffic and nearby residences.

[3] Color and design. A sign package for the entire site shall be approved in context of the design of the building. All applicants shall be required to submit plans for signage package so that the colors and design may be discussed in context with the design of the elevation of the building.

[3] Editor's Note: For additional sign requirements generally applicable in the Town, see Ch. 243, Signs.

(g) Required off-street parking. Parking requirements for this district shall be the same as for LS, except for:

[1] Retail and service stores and establishments require at least one space per 300 gross square feet of gross floor area.

[2] One-bedroom apartments require at least one space per apartment.

(h) Required off-street loading berth requirements for this district shall be the same as in LS.

(i) Additional use regulations for this district shall be the same as in LS, except the Planning Board may:

[1] Reduce the distance from driveways and parking to residential district zoning boundaries only if equivalent visual and sound protection can be provided to residentially zoned properties.

[2] Allow, where no alternative is available, a driveway for access from the street to the side or rear of the property for parking or delivery access.

(j) Bulk regulations for this district shall be the same as in LS, except:

[1] New dwelling units added over existing retail stores shall not be counted as part of the FAR.

[2] The area between the front lot line and the building line shall be landscaped.

[3] Parking shall not be permitted between the front lot line and the building line for new construction.

(k) Unique buildings. The Town Board designates the following buildings in this district as unique buildings. The illustrated buildings should be retained if possible and incorporated into site design for any new development. Modifications necessary to accommodate a new use will be permitted; however, it is the intention to require that all project plans retain original features of the buildings, including window type and configuration, front entries, storefronts (if applicable), and identifying decorative details, including those that provide a historical reference to the original use of the building.

[1] Congers Station. This building is significant for its role in the development of transportation and the businesses it attracted to the hamlet. Retain original exterior sheathing, windows, doors, entry configuration, details that identify the station, chimneys, platform shelter shape, roofline, and building configuration.

[2] Fire House. Retain exterior stucco sheathing, decorative contrasting feature under windowsill, window configuration, lettering on front of firehouse, garage doors and other entries, roofline.

[3] Bourghol Building: early mixed-use commercial building. Although this building has been modified, the building is fairly intact and is a good example of a Colonial-Revival-style commercial building. Original features to retain include the original window configuration, storefront, roofline, wood sheathing, chimney features and door locations. Porch modifications should be made to emulate a colonial style, and should be made of wood. Sheathing on the front of the storefronts should be changed to match the rest of the building.

[4] VonThaden Building (former Dickenman Building): commercial building. This building was recently damaged by fire. Features to be retained are the location of the windows and doors, original sheathing, corner entry, parapet line.

[5] Travaglini (Last Chance Saloon) Building: Federal-style commercial building. Features to retain: original corner entry, window size, type, and configuration, exterior sheathing, and coping. Decorative horizontal accent above corner entry should be restored along the facade that faces Lake Road at the pedestrian level and should take into account the entire building instead of allowing modifications of individual storefronts. Large buildings such as these also benefit from a coordinated signage package to create uniformity across the facade.

[6] Colett (Rick's Club American) Building: Colonial-revival-style commercial building. Features to retain: original features to retain include the original window configuration, storefront, roofline wood sheathing, chimney features and door locations.

[7] Grande Centrale Restaurant Building: Colonial-style commercial building. Now serving as a restaurant, this commercial building would have originally been used for services and lodging for travelers on the rail. Features to retain: Original features to retain include the original window configuration, storefront locations facing rail, porch, roofline, wood sheathing, chimney features and door locations.

(l) Architectural styles and design elements required in this district:

[1] Acceptable architectural forms will include Colonial, Federal, and Victorian styles. Exact duplicates of historic buildings are not required; however, designs should reflect a sense of historical styles at an appropriate scale.

[2] Appropriate use of sheathing (exterior covering) and decorative details. All new construction will be in brick or wood, unless it is demonstrated to the Architectural Historic Review Board that some other material may be more appropriate given extenuating circumstances of the project, such as an addition onto an existing stucco building. (The firehouse building is stucco.) Modem sheathing techniques may be used, as long as the overall appearance conveys use of traditional building materials.

[Amended 6-28-2016 by L.L. No. 8-2016]

[a] Brick.

[i] Brick-sheathed buildings are permitted, provided that all materials are of natural colors, such as brick red, brown, beige or similar colors. Materials that provide an identical outward appearance to brick buildings may be used, provided that the materials are found to be substantially the same in appearance by the Architectural Historic Review Board.

[ii] Brick buildings shall be appropriately detailed at a minimum with sills, door and window frames, copings out of a contrasting material such as concrete, wood, stone. Brick buildings without details are not acceptable.

[iii] All commercial or mixed-use brick buildings with a flat roof shall have a parapet that at the minimum conceals any rooftop equipment from the street level. Applicants shall draw inspiration from brick commercial buildings that have not been altered or those commercial buildings with Colonial, Federal, or Victorian-style decorative details. Decorative parapets shall be encouraged on flat-roofed buildings. In addition, brick laying techniques that provide texture and interest through patterns shall be encouraged.

[b] Wood.

[i] Acceptable wood sheathing includes overlapping siding and cedar shingles in details, but not as an overall sheathing material for the building. Materials that provide an identical appearance to wood sheathing may be used, provided that the substitute is found to be substantially the same in appearance to a wood sheathing by the Architectural Historic Review Board.

[ii] Wood-sheathed buildings shall be appropriately trimmed by wood details and shall be consistent with the style of the building, as determined by the Architectural Historic Review Board. Acceptable combinations of details will include windowsills, moldings and frames around windows, doors, joints and corners of the building, and decorative details on the cornice. Flat-roofed commercial buildings shall have a parapet that extends to all rooftop equipment on all sides. Color schemes for wood buildings shall be natural and subdued. Bright modern colors and black shall be avoided.

[c] Specifically prohibited sheathing materials. The following materials are specifically prohibited for use as sheathing materials:

[i] Prefabricated metal siding, typical of manufactured commercial buildings.

[ii] Dryvit-faced buildings or similar stucco-type surfaces.

[iii] Prefabricated rock aggregate faced buildings.

[iv] Concrete block faced buildings.

[v] Tilt-up concrete panels.

[vi] Ribbon glass, tinted glass panels as sheathing, or tinted glass windows, windows that appear to be frameless.

[3] Window and door configuration.

[a] All buildings shall have a street-facing entry that appears to be a main entry to the building and is incorporated into the facade as a major design element. All front entries shall be made of wood, with or without glazing, or a substitute that looks substantially like wood. Fully glazed metal doors shall not be permitted. Walkways will be provided to front entries.

[b] Windows shall be provided at the pedestrian level. In the case of commercial buildings with storefronts in the bottom story, larger windows shall be permitted to provide display. However, windows on the second story will be visually balanced across the facade. Modern window treatments, such as windows that appear frameless and tinted windows, shall not be used.

(m) Map of district.[4]

Reference: Chapter 290 "Zoning." Reference: Congers Hamlet Center Design Guidelines by Robert Geneslaw Co. Dated: February 6, 2003

[4] Editor's Note: A map of the Congers Hamlet Center Overlay District is included at the end of this chapter.

(2) Valley Cottage Hamlet Center Overlay District.

(a) Boundaries. Valley Cottage Hamlet Center Overlay District includes those properties that are, at the time of the adoption of this chapter, zoned "LS," (herein referred to as the "underlying zoning district") and are located in select areas on the east and west sides of Kings Highway and the north and south sides of Lake Road. [See Map of District in Subsection B(2)(m) herein for specific properties.]

(b) Incentive use, permitted pursuant to § 261-b of the Town Law. As an incentive to encourage revitalization within this district, one-bedroom apartments shall be permitted over retail stores, professional offices, community centers, art galleries, museums, and fire and ambulance stations. This incentive is allowable by special permit of the Town Board and is subject to the requirements of §§ 290-15 and 290-32C(5). This incentive use is subject to additional regulations as follows:

[1] Exterior renovations, approved by the Architectural Historic Review Board, in an architectural style that will harmonize with the architectural features of the unique buildings identified for purposes of this district are required for any building to which an apartment or apartments shall be added under this incentive.

[Amended 6-28-2016 by L.L. No. 8-2016]

[2] New construction in an architectural style, approved by the Architectural Historic Review Board, which will harmonize with architectural features of the unique buildings within this district, shall be required for any new building that will have an apartment or apartments constructed under this incentive.

[Amended 6-28-2016 by L.L. No. 8-2016]

[3] Balconies for any apartments created under this incentive shall be constructed to give privacy to those using them as well as to shield those users and their personal effects (furniture, banners, etc.) from view of passersby. Exceptions to this requirement may be allowed by specific approval of the Architectural Historic Review Board when there is convincing evidence to show that the exception will improve the appearance of the building.

[Amended 6-28-2016 by L.L. No. 8-2016]

[4] Apartments created under this incentive shall be limited to one bedroom per apartment, and the certificate of occupancy shall be conditioned upon occupancy by no more than two individuals. Only the bedroom shall be used for sleeping purposes. No other habitable space shall be converted or used for sleeping purposes.

[5] Existing parking between the building and the front lot line shall be relocated wherever possible; where not possible, parking shall be separated from the street by stone walls, opaque fencing, landscaped berms or hedges, as determined by the Planning Board as part of site plan review.

[6] Nothing herein shall be construed to allow a new building to have a third story or an existing building to be allowed to build a third story at the time of the adoption of this chapter.

[7] Property owners shall be required to give rental preference to Clarkstown residents for any apartment created under this incentive. Preference shall first be given to volunteer emergency personnel (including members of volunteer fire departments and ambulance corps) and to senior citizens. Any application for a certificate of occupancy for any apartment created under this incentive shall be accompanied by a declaration of covenant running with the land providing for the above preference. Such declaration shall be in a form approved by the Town Attorney and recorded with the Rockland County Clerk.

(c) Uses permitted by right: all uses permitted in the underlying zone throughout this district, except that drive-in restaurants are not permitted.

(d) Uses permitted by special permit. All special permit uses permitted in the underlying zone are permitted by special permit in this district, except that no residential uses of any type shall be added within the district except for one-bedroom apartments over retail stores as permitted as an incentive use. In addition, refer to § 290-17O(B) regarding hamlet center senior housing.

[Amended 11-10-2011 by L.L. No. 7-2011]

(e) Permitted general accessory uses. All uses permitted in the underlying zone as general accessory uses are permitted in this district, except that no temporary sales offices are allowed.

(f) Permitted accessory signs. In order to further identify the district as a unique setting, specific sign requirements replace those usually permitted in the underlying zoning district:[5]

[1] Types of signs. The following types of signs shall be permitted and all others excluded; with the exception of signs within the public right-of-way for directing traffic and providing information to the general public:

[a] Wood freestanding or monument signs: wood freestanding signs that are painted or carved. Freestanding signs shall not exceed a total of 12 square feet, inclusive of lettering, background and borders, and shall be no taller than six feet. Only one freestanding or monument sign shall be permitted per property. If more than one business is located on a single property, then all business names shall be combined on a single directory sign. Freestanding and monument signs shall be permitted in the front yard, provided that the location of such sign does not interfere with traffic safety. Signs may also be parallel or at right angles to the building.

[b] Wood panel or individual-lettered signs: Wood panel or individual lettered signs may be used on any elevation of the building and may be painted or carved or individually made. Such signs may not exceed a total of 10 square feet for each business on each elevation, inclusive of lettering background and borders. If more than one business exists in one building, then only one such panel sign shall be permitted per business on any single elevation.

[c] Directional signs for the convenience of the patrons or customers may be permitted; however, these signs shall be no larger than necessary to serve the purpose for which they are intended, and colors and materials shall coordinate with the overall design of signs for the entire property.

[d] Window painting: Where appropriate, painted window signs may be permitted; however, typeface will be limited to Times New Roman or similar type face. Window signs will be hand lettered and shall not have a painted background. The space permitted for a window sign shall not exceed 25% of the total window area, as measured from the outer edges of the lettering.

[2] Lighting. Lighting of signs shall be permitted by means of directional lighting from the base or the top of the sign. Internal illumination, fluorescent lighting or neon lighting is prohibited. All lighting shall not interfere with the comfort and safety of the general traffic and nearby residences.

[3] Color and design. A sign package for the entire site shall be approved in context of the design of the building. All applicants shall be required to submit plans for signage package so that the colors and design may be discussed in context with the design of the elevation of the building.

[5] Editor's Note: For additional sign requirements generally applicable in the Town, see Ch. 243, Signs.

(g) Required off-street parking. Parking requirements for this district shall be the same as for the underlying zoning district, except for:

[1] Retail and service stores and establishments, professional offices, community centers, art galleries, museums, and fire and ambulance stations all require at least one space per 300 gross square feet of gross floor area. Credit for 1/2 of the required spaces for these particular uses may be provided from the Town parking lot located at the north side of New Lake Road if building construction or renovations are made to meet the specific design standards required herein.

[2] One-bedroom apartments require at least one space per apartment.

(h) Required off-street loading berth requirements for this district shall be the same as in the underlying zoning district.

(i) Additional use regulations for this district shall be the same as the underlying zoning district, except the Planning Board may:

[1] Reduce the distance from driveways and parking to residential district zoning boundaries only if equivalent visual and sound protection can be provided to residentially zoned properties.

[2] Allow, where no alternative is available, a driveway for access from the street to the side or rear of the property for parking or delivery access.

(j) Bulk regulations for this district shall be the same as in underlying zoning district, except:

[1] New dwelling units added over existing or proposed retail stores, professional offices, community centers, art galleries, museums, and fire and ambulance stations shall not be counted as part of the FAR.

[2] The area between the front lot line and building line shall be landscaped where possible.

[3] Parking shall not be permitted between the front lot line and building line for new construction.

[4] All buildings shall be limited to two stories.

(k) Unique buildings. The Town Board designates the following buildings in or visually adjacent to this district as unique buildings. The illustrated buildings should be retained if possible and incorporated into site design for any new development. Modifications necessary to accommodate a new use will be permitted; however, it is the intention to require that all project plans retain original features of the buildings, including window type and configuration, front entries, storefronts (if applicable), and identifying decorative details, including those that provide a historical reference to the original use of the building.

[1] Early Railroad Commercial Building. This building is significant for its role in the development of businesses that were oriented toward rail. Retain original exterior sheathing, original windows, cupola feature, doors, roofline, and building configuration.

[2] Commercial Building, built 1939. Although this building is not typical of the area, this building is an intact example of early modern buildings specifically designed for automobile service stations. Retain exterior stucco sheathing, decorative contrasting feature under windowsill, window configuration, garage doors and other entries, roofline.

[3] Early mixed use Commercial Building. This building is fairly intact and is a good example of a Colonial Revival styled commercial building. Original features to retain include the original window configuration, storefront, roofline, wood sheathing, chimney features and door locations.

(l) Architectural styles and design elements required in this district.

[1] Acceptable architectural forms will include Colonial, Federal, and Victorian styles. Exact duplicates of historic buildings are not required; however, designs should reflect a sense of historical styles at an appropriate scale.

[2] Appropriate use of sheathing (exterior covering) and decorative details. All new construction will be in brick or wood, unless it is demonstrated to the Architectural Historic Review Board that some other material may be more appropriate given extenuating circumstances of the project, such as an addition onto an existing stucco building. Modern sheathing techniques may be used, as long as the overall appearance conveys use of traditional building materials.

[Amended 6-28-2016 by L.L. No. 8-2016]

[a] Brick.

[i] Brick-sheathed buildings are permitted, provided that all materials are of natural colors, such as brick red, brown, beige or similar colors. Materials that provide an identical outward appearance to brick buildings may be used, provided that the materials are found to be substantially the same in appearance by the Architectural Historic Review Board.

[ii] Brick buildings shall be appropriately detailed at a minimum with sills, door and window frames, copings out of a contrasting material such as concrete, wood, stone. Brick buildings without details are not acceptable.

[b] Wood.

[i] Acceptable wood sheathing includes overlapping siding and cedar shingles in details, but not as an overall sheathing material for the building. Materials that provide an identical appearance to wood sheathing may be used, provided that the substitute is found to be substantially the same in appearance to a wood sheathing by the Architectural Historic Review Board.

[ii] Wood-sheathed buildings shall be appropriately trimmed by wood details and shall be consistent with the style of the building, as determined by the Architectural Historic Review Board. Acceptable combinations of details will include windowsills, moldings and frames around windows, doors, joints and corners of the building, and decorative details on the cornice. Flat-roofed commercial buildings shall have a parapet that extends to all rooftop equipment on all sides. Color schemes for wood buildings shall be natural and subdued. Bright modern colors and black shall be avoided.

[c] Specifically prohibited sheathing materials. The following materials are specifically prohibited for use as sheathing materials:

[i] Prefabricated metal siding, typical of manufactured commercial buildings.

[ii] Dryvit-faced buildings or similar stucco-type surfaces.

[iii] Prefabricated rock aggregate faced buildings.

[iv] Concrete block faced buildings.

[v] Tilt-up concrete panels.

[vi] Ribbon glass, tinted glass panels as sheathing, or tinted glass windows, windows that appear to be frameless.

[3] Window and door configuration.

[a] All buildings shall have a street-facing entry that appears to be a main entry to the building and is incorporated into the facade as a major design element. All front entries shall be made of wood, with or without glazing, or a substitute that looks substantially like wood. Fully glazed metal doors shall not be permitted. Walkways will be provided to front entries.

[b] Windows shall be provided at the pedestrian level. In the case of commercial buildings with storefronts in the bottom story, larger windows shall be permitted to provide display. However, windows on the second story will be visually balanced across the facade. Modern window treatments, such as windows that appear frameless, and tinted windows, shall not be used.

[4] Roof configuration.

[a] Flat roofs shall not be permitted. All roofs shall have a minimum slope of 30° and can be gabled or hipped.

[b] All roofs shall have design details incorporated into the roof or wall juncture at the roof as appropriate to Colonial or Victorian styles. Those details may include but are not limited to the following: exposed trusses and rafters; cornices; frieze boards; cornice returns (on roofs with no overhang); and other decorative details appropriate to the design period used.

[c] All roofs must be shingled. Metal-seamed roofs shall not be permitted.

(m) Map of district.[6]

[1] Reference: Chapter 290, Zoning.

[2] Reference: Valley Cottage Hamlet Center Design Guidelines by Robert Geneslaw Co.

[6] Editor's Note: A map of the Valley Cottage Hamlet Center Overlay District is included at the end of this chapter.

(3) (Reserved)[7]

[7] Editor’s Note: Former Subsection B(3), New City Hamlet Overlay District, as amended, was repealed 5-7-2013 by L.L. No. 3-2013. See now § 290-7.5, New City Hamlet Zoning.

(4) (Reserved)[8]

[8] Editor’s Note: Former Subsection B(4), Design guidelines for New City Hamlet Center Overlay District, was repealed 5-7-2013 by L.L. No. 3-2013. See now § 290-7.5, New City Hamlet Zoning.

(5) Nanuet Hamlet Center Area.

[Added 11-10-2011 by L.L. No. 7-2011]

(a) Boundaries. See map entitled "Nanuet Hamlet Center" (Attachment 8) at end of this chapter.

(b) Uses permitted by special permit. Refer to § 290-17O(B) regarding hamlet center senior housing.

[1] Editor's Note: This section contains the provisions of former Ch. 151, Hamlet Center Overlay Districts, adopted 6-10-2003 by L.L. No. 3-2003, as amended 2-10-2004 by L.L. No. 1-2004, 4-4-2006 by L.L. No. 5-2006 and 9-25-2007 by L.L. No. 15-2007.

§ 290-7.3 Hamlet Commercial District.

[Added 7-19-2011 by L.L. No. 5-2011]

A. Purpose and intent.

(1) The purpose and intent of the Hamlet Commercial District is to reinforce and protect the existing historic character of the hamlet by encouraging renovation and new construction which is in keeping with the local historic scale and character as recommended in the Town Comprehensive Plan.

B. Zoning district.

(1) The area and boundaries of this district are hereby established as shown on a map entitled "Zoning Map of the Town of Clarkstown," adopted June 30, 1967, and as further amended. Such map, referred to herein as the "Zoning Map," together with everything shown thereon, is on file in the office of the Town Clerk.

C. Application.

(1) The provisions of this chapter apply to all new development, redevelopment, exterior alterations, change of use, site plan alteration, commercial signs and exterior lighting within the Hamlet Commercial District.

D. Area and Bulk Schedule.

Table 290-7.3A General Bulk Regulations
District	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Minimum/ Maximum Front Yard (feet)	Minimum Side Yard (feet)	Minimum Rear Yard (feet)	Maximum Height (feet)
Hamlet Commercial	8,000	50	0/20	01/152/253	25	28

NOTES:

¹ When adjacent to commercial zoning district, none is required.

² If provided, shall be 15 feet.

³ Adjacent to residential district.

E. Use Schedule.

Table 290-7.3B Use Schedule
Uses			Hamlet Commercial District	Notes
RESIDENTIAL
Senior citizen housing			TB	See § 290-17O(B)
New mixed use - commercial and residential			P	See § 290-7.3G
Existing conversion to mixed use — commercial and residential			P	See § 290-7.3G
GENERAL BUSINESS
	Services
		Agency boarding home/community residence	BoA
		Bank without drive-through	P
		Laundromat	P
		Funeral home	BoA
		Hospital or clinic, outpatient	P
		Hotel	P
		Inn or bed-and-breakfast	P
		Light repair and maintenance services	P
		Personal care	P
		Pet grooming	BoA
		Professional office	P
		Veterinary services	P
	Retail
		Bar or tavern	P
		General retail	P
		Landscaping/gardening sales with outdoor display	P
		Restaurant without drive-through	P
		Restaurant with outdoor seating	P
		Retail without drive-through	P
	Recreation
		Assembly or auditorium, indoor	BoA
		Assembly or amphitheater, outdoor	BoA
		Club	P
		Club, outdoor	BoA
		Commercial amusement	BoA
		Public park	P
	Civic
		Cultural center	P
		Public facility, safety or government office	P
		Religious facility	P
	School
		School	P
		School, college or vocational	P
		Child day-care center	P	See § 290-7.3H
		Nursery school	P
	Utility
		Public housing substations	P	Subject to § 290-13B
		Public utility right-of-way	P
	Accessory
		Customary garage, shed or greenhouse	P
		Child day-care center	P	See Note 1, § 290-17Z
		Home occupation	P
		Indoor/outdoor recreation for school or church	P
		Parking, surface	P
		Parking, structured below or at grade	P
		Other accessory use, as approved	BoA

NOTES:

Note 1: Accessory only to preexisting single-family residence.

(P) = Permitted, (BoA) = Board of Appeals Special Permit, (TB) = Town Board Special Permit, (PB) = Planning Board Special Permit.

Uses lawfully existing on the date of adoption of this section shall be considered preexisting nonconforming uses.

F. Prohibited uses. In order to preserve the historic character of the hamlet, the following are specifically prohibited as new uses within the Hamlet Commercial District:

(1) Drive-through facilities for restaurants, banks or retail establishments.

(2) Automotive sales (new or used) and automotive fuel sales.

(3) Automotive service or wash.

(4) Motels.

G. Mixed use - commercial and residential. As an incentive to encourage revitalization within the hamlet, promote active streetscapes and additional housing opportunities, residential apartment dwelling units shall be permitted above commercial uses, subject to the following conditions:

(1) Notwithstanding the provisions of § 290-31D(2)(c), all applicants for mixed use pursuant to this section shall obtain site plan approval from the Planning Board.

(2) Residential dwelling units are permitted only on upper floors of the building with commercial (nonresidential) space on the ground floor level.

(3) Each dwelling unit shall be a minimum of 700 square feet and must include a minimum of one bedroom (no studio apartments) up to no more than two bedrooms with a maximum of 1,200 square feet.

(4) New mixed-use developments shall not exceed a density of eight dwelling units per acre, and no building shall contain more than 10 dwelling units.

(5) Existing structures converted to include apartments must also comply with the following:

(a) Existing conversions must provide all required off-street parking for the dwelling units as well as the ground floor commercial space.

(b) Existing conversions may be required to provide exterior property improvements as part of the site plan approval process subject to site plan, landscaping and architectural review, including but not limited to the following:

[1] Exterior facade enhancements and improved landscaping as directed by the Architectural Historic Review Board consistent with the design standards set forth in this section.

[Amended 6-28-2016 by L.L. No. 8-2016]

[2] New sidewalks, access paths or other pedestrian amenities as directed by the Planning Board. If the parcel is located on either a state or county road, then these changes must also be in accord with the appropriate highway agency's review and requirements, and all required permits obtained.

[3] Reduction in curb cuts or width of curb cuts as directed by the Planning Board. If the parcel is located on either a state or county road, then these changes must also be in accord with the appropriate highway agency's review and requirements, and all required permits obtained.

[4] Screening from adjacent properties as directed by the Planning Board.

[5] Commercial signs and exterior lighting must be brought into conformity with the design standards of this section.

H. Child day care.

(1) All child day-care centers shall obtain site plan approval and must comply with the specific provisions of § 290-17Z.

I. Off-street parking requirements.

Table 290-7.3C Off-Street Parking Requirements (per 1,000 gross square feet unless noted otherwise)
Uses			Minimum		Maximum	Notes
RESIDENTIAL
	Residential (per bedroom)		1		2
GENERAL BUSINESS
	Services
		Agency residence care facility (per bed plus per employee)	0.2 plus 1		0.5 plus 1
		Animal veterinary services, with boarding	3		4
		Bank (per indoor teller window plus per customer service desk)	4 plus 1		5 plus 2
		Bank, with drive-through (per indoor teller window plus per customer service desk)	3 plus 1		4 plus 2	Note 2
		Dry cleaning off site/laundromat	2		3
		Funeral home (per seat plus per employee)	0.3 plus 1		0.5 plus 1
		Hospital or clinic, outpatient (per doctor plus per employee)	3 plus 1		5 plus 1
		Hotel, inn or bed-and-breakfast (per room plus per employee)	1 plus 1		1 plus 1.5
		Light repair and maintenance services	2		3
		Personal care	3		5
		Professional office	3		7
	Retail
		Bar or tavern (per seat plus per employee)	0.4 plus 1		0.8 plus 1	Note 3
		General retail food and groceries, dry goods	3		5
		Restaurant (per seat plus per employee)	0.3 plus 1		0.7 plus 1	Note 3
	Recreation
		Assembly or auditorium, indoor (per seat plus per employee)	0.5 plus 1		1 plus 1	Note 1
		Assembly or amphitheater, outdoor (per seat)	0.5		1
		Club (per seat)	0.5		1	Note 1
		Club, outdoor	2		3
		Commercial amusement (per seat plus per employee)	0.5 plus 1		1 plus 1	Note 1
	Civic
		Cultural facility	2.5		4	Note 1
		Public facility, safety or government office	2		4
		Religious facility (per 4 seats)	1		2
	School
		School (pre high school) (per student plus per employee)	0.1 plus 1		0.2 plus 1
		High school (per student plus per employee)	0.3 plus 1		0.5 plus 1
		College or vocational (per student plus employee)	0.5 plus 1		0.8 plus 1

NOTES:

Note 1: The maximum occupancy shall be used in lieu of number of seats for uses that do not have actual seats.

Note 2: Pertains to preexisting uses only. New uses not permitted.

Note 3: Outdoor seating shall be calculated at 50% of normal seating (e.g., 10 outdoor seats = 5 seats).

(1) Staggered hours parking/linked parking lots. The Planning Board may authorize, at its discretion, a reduction of up to 10% of the minimum parking spaces for multiple property owners who link and share their adjacent parking areas or for new mixed-use developments where it can be shown that the uses have staggered demand schedules over the course of a typical day.

J. Design standards. The following standards apply to all new commercial and multifamily construction, additions, exterior renovations requiring a building permit or site plan review, including signs, exterior lighting, landscaping and changes to exterior materials or colors within the district. Projects within the West Nyack Historic District may require referral to the Architectural Historic Review Board.

[Amended 6-28-2016 by L.L. No. 8-2016]

(1) Site planning and landscaping.

(a) All new site plan arrangements shall provide a minimum of 20% landscaped green space. Existing vegetation or undisturbed natural areas may count toward the green space or buffer requirements of these standards, with approval from the Architectural Historic Review Board.

(b) All new construction shall align the front facade of the structure with the front setback of one or more adjacent buildings which are at or near the permitted front setback distances, as directed by the Planning Board.

(c) New construction shall place as much of the building width at the front of the lot as reasonably possible to maximize front facade exposure to the street.

(d) The front facade shall be kept parallel to the street.

(e) The primary building entry shall be placed at the front of the building and be clearly identifiable from the street.

(f) Concrete sidewalks shall be provided for the full width of the property along a public way with a direct link to the primary building entry. Such sidewalks should continue uninterrupted through any driveway curb cut or similar asphalt area.

(g) Driveway curb cut widths shall only be as wide as necessary to accommodate needed lanes. The number of driveway curb cuts shall not exceed one per commercial property. The Planning Board may permit a second curb cut for commercial properties on corner lots with two road frontages.

(h) In order to protect the natural beauty of the hamlet, the Architectural Historic Review Board may require any significant trees found on the site measuring more than eight inches in caliper to be preserved and incorporated into the site plan layout.

(i) All site plan design elements shall work toward the enhancement of a pedestrian atmosphere.

(j) All landscaping shall be installed in accordance with the plot plan and landscaping plan as approved by the Architectural Historic Review Board prior to issuance of a certificate of occupancy and shall be installed in accordance with accepted landscape practices within the area. In instances where conditions do not permit immediate planting, the applicant may be required to post a performance bond, letter of credit or sufficient monies to ensure later compliance.

(k) Maintenance assurance. All required plantings shall be permanently maintained in good growing condition and, whenever necessary, replaced with new plant materials to ensure continued compliance with the landscaping requirements of this section. All required fences and walls shall be permanently maintained in good condition and, whenever necessary, repaired or replaced.

(2) Parking and dumpster areas.

(a) New parking areas shall not be permitted between the front lot line and the building facade. All new parking areas shall be located at the side or rear of the building, screened from view as directed by the Architectural Historic Review Board.

(b) Parking areas shall be broken up into groups of no more than 20 spaces per area, separated by landscaped areas or islands as directed by the Architectural Historic Review Board.

(c) Parking lot landscaped islands shall provide a minimum of one new tree for every 10 new parking spaces provided.

(d) Parking areas shall provide, where possible, direct vehicle links to nearby parking lots on adjacent properties.

(e) Existing parking spaces between the front lot line and the building shall be relocated wherever possible to the side or rear of the building. Where it is not reasonably feasible to relocate these front yard parking spaces, such parking may be buffered from the street or pedestrian sidewalk area by low stone walls, opaque fencing, landscaped berms, hedges as directed by the Architectural Historic Review Board. Such buffers shall not interfere with sight lines or sight distances.

(f) Dumpsters, garage doors and similar vehicular service elements shall be located at the rear of the building and screened from view from the public way with the use of materials which match or complement the exterior of the building and/or landscaping as directed by the Architectural Historic Review Board.

(g) Level 1 and Level 2 electric vehicle charging stations are permitted pursuant to § 290-22C.

[Added 7-18-2017 by L.L. No. 7-2017]

(3) Architectural design. All exterior architectural design shall be approved by the Architectural Historic Review Board.

(a) The design of all new construction and renovation shall respect the historical precedents and styles that are found in the local area.

(b) Exterior renovations or additions to historic buildings shall make every effort to restore the original appearance to the exterior of the building, with modifications only as approved.

(c) The proportions of design features such as window openings or columns shall be kept consistent across a facade. The use of vertically proportioned windows - windows which are taller than they are wide - are strongly encouraged.

(d) The use of strong horizontally proportioned design features, such as large fascias or banding designs, shall not be used.

(e) The width of exterior columns or posts should be appropriate to the weight they appear to be carrying.

(f) Articulations in the plane of the facade shall be used to create an interesting design, reinforce rhythms and cast shadows. Very flat, planar facade designs are prohibited.

(g) Facade designs shall set up a regular rhythm or pattern with the use of window spacing, expressing the structural bays of the building with pilasters, porch columns, colonnades or other detailing.

(h) The ground floor pedestrian facade areas shall exhibit the highest levels of facade fenestration with larger window openings and increased facade articulation, especially around the main entry. The upper floors may have decreased levels of fenestration with smaller window openings.

(i) Large, uninterrupted glass areas such as picture windows or strip windows greater than six feet in width are prohibited. Such windows shall instead be broken down and separated into smaller divisions with the use of mullions, muntins or a cluster of smaller windows grouped together.

(j) Large areas of blank wall which do not contain any window or door openings or significant articulation are prohibited along any facades facing a public street.

(k) Openings in masonry facades shall exhibit a visible structural lintel or arch above to express how it is carrying the weight above.

(4) Exterior materials. All exterior materials shall be approved by the Architectural Historic Review Board.

(a) Smaller scale, natural materials shall be used for all exterior cladding on facades facing a public way as recommended in Table 290-7.3D, Exterior Materials List. Other materials may be used more sparingly as accent or trim materials, with approval.

(b) The primary facade materials or color shall consist of a natural, muted shade. Brighter, more vibrant colors may be reserved for minor accents and highlights only.

(c) When using more than one material or color on a facade, it is recommended to have one as a dominant, primary theme with any others used more sparingly to complement or accentuate the design.

(d) Transitions in facade materials shall occur at a hard edge or articulation in the plane of the facade which allows the one material to terminate into before the second one begins. Facades with an overabundance of different materials or colors are prohibited.

 

Table 290-7.3D Exterior Materials List
Recommended Materials	Prohibited Materials
Facade
Common Red Brick/Multitoned Brick       Bare       Painted (approved color)	Multicolored Brick, Imitation Brick Siding, Asphalt Siding, Asbestos Siding
Concrete Masonry Units (C.M.U.)       Textured, Split-Faced, Colored (dyed)       (approved color)    Natural Stone, Imitation Stone    Precast Concrete Panels (textured)    Stamped Texture Concrete	Plain Concrete Masonry Unit (C.M.U.)    (bare or painted)
Wood Clapboard or Shingle       Finished Grade (painted or stained       approved color)    Imitation/Synthetic Wood Clapboard       Polyvinyl Chloride (PVC), Fiber       Reinforced Cement Siding/       HardiePlank® (approved color)	Wood Paneling    Plywood or T-111    Composite Medium Density Overlay    Unfinished, Lumber-Grade Wood Corrugated Metal, Aluminum Siding, Vinyl Siding, Mirrored or Highly Reflective Siding or Panels
Stucco	E.I.F.S. (Exterior Insulation Finish System)
Windows
Anodized Aluminum Frame/Storefront       Approved color    Wood, Vinyl Clad, PVC Frame       Approved color    Clear, Etched, Frosted or Stained Glass    Expressed Lintels Over Openings       Brick, Limestone, Colored or Bare       Concrete	Bare Aluminum Frames Reflective Flashing Mirrored or Highly Reflective Glass    Dark Tinted Below 70% Visible Light    Transmission Colored Glass Concealed Lintels Over Openings    Steel Plate or Angle
Visible Roof
Asphalt Shingle (approved color)    Natural or Imitation Slate    Standing Seam Metal       Small Seam Width, approved color    Aluminum Eave Guard    Parapet and Chimney Caps       Stone, Limestone or Precast Concrete       Metal Flashing (approved color)	Light-Colored or Reflective Materials Mansard Roof "Awnings"
Other
Canvas Awning       3 colors maximum, approved colors    Concrete Sidewalks/Walkways (poured)    Concrete or Brick Pavers    Wood/Synthetic Wood Porches, Railings,    Ramps       Painted or stained (approved color)	Plastic, Vinyl or Other Synthetic Awnings Backlit Awnings Reflective Flashing Asphalt Sidewalks/Walkways Unfinished or Lumber-Grade Wood

(5) Utilities. All new or relocated utility poles for electric, cable and telephone within the Hamlet Commercial District shall not exceed 50 feet in height and shall be located in the rear lot area or placed underground wherever possible.

(6) Sign standards. All signs shall be approved by the Architectural Historic Review Board, with referral and recommendation by the Architectural Historic Review Board, if applicable.

(a) Applicability.

[1] The provisions of Town Code Chapter 243, Signs, shall apply, except as otherwise stated in this section. In the case of a conflict, this section shall apply.

[2] The provisions of this section shall apply to all new signs, or preexisting signs which are being altered, changed in copy, mounting or a change of occupancy or use to the premises within the Hamlet Commercial District or any existing structure that undergoes significant facade changes or special permit approval as determined by the Architectural Historic Review Board. Preexisting signs, facade lettering, lighting and street numbers which are nonconforming to the provisions of these standards must be removed, or brought into compliance, by September 1, 2014.

[3] All new signs, facade lettering and sign lighting must be approved by the Architectural Historic Review Board.

(b) Permitted signs. No sign shall be permitted except as specified within this section. Commercial properties are permitted the following sign types, with approval from the Architectural Historic Review Board.

[1] Facade sign board or channel lettering. Commercial properties are permitted one instance of a surface-mounted wall sign board or surface-applied channel lettering per commercial tenant, with approval from the Architectural Historic Review Board.

[a] Sign boards or lettering shall be located so as to be framed by the features of the facade, and do not obscure or conceal architectural elements. New commercial construction shall design the front facade specifically to accommodate an area or areas for such signs which is architecturally compatible with the facade itself.

[b] All facade sign boards and lettering shall be mounted on the vertical plane of the facade or underneath the roof overhang eave. No signs shall be permitted to be mounted on or above the roofline of a structure, except in cases of existing structures where there may be no alternative mounting location, as approved by the Architectural Historic Review Board.

[c] Surface-applied channel lettering shall consist of individual letters or symbols which are each independently secured to the facade without any readily visible framework or similar mounting devices.

[d] Commercial properties located at corner intersections are permitted one additional facade sign for the second facade facing a public road or right-of-way, with approval from the Architectural Historic Review Board.

[e] Sign text is encouraged to be kept simple and limited to only the name of the business, where possible. Secondary descriptive text such as type of business, company motto, logo or street address may be permitted and shall be subordinate in size to the business name.

[f] Signs that contain excess advertising information such as types of credit cards accepted, brand names sold, sale or pricing information, hours of operation or similar information are discouraged.

[g] Signs which are part of a multitenant plaza shall be approved as a package to coordinate consistent materials, size, background color and theme for all signs. Applicants shall submit plans for the signage package so that the colors and design may be discussed in context with the design of the elevation of the building(s).

[h] The size of lettering and sign boards shall be as follows:

[i] For facades which are located within 30 feet of the edge of the street, sign lettering shall not exceed 10 inches in height.

[ii] For facades which are located 30 feet or more from the edge of the street, sign lettering shall not exceed 14 inches in height.

[iii] Sign boards shall only be as large as necessary to adequately fit permitted lettering and secondary descriptive text, as approved by the Architectural Historic Review Board.

[iv] In no case shall any sign board exceed 25 square feet or 15% of the facade area on which they are mounted.

[i] Waiver. The Architectural Historic Review Board may approve modifications to the requirements for sign and lettering sizes by no more than 50% as deemed necessary for specific site conditions with a super-majority (majority plus one) vote.

[2] Hanging signs. In lieu of a facade sign, commercial properties are permitted one hanging sign suspended from a post on the front of the building, with approval from the Architectural Historic Review Board. Hanging signs advertising a single business on the property shall be no larger than six square feet per side. Hanging signs advertising two or more businesses on the property shall total no larger than 12 square feet of area per side. Only one instance of a hanging sign is permitted per property, although such sign area may be composed of more than one hanging board, if desired. Hanging signs shall not extend out into the road right-of-way.

[a] Businesses located under a covered walkway galleria area, such as those in a shopping plaza, are permitted to have one hanging sign in addition to any other permitted signs. Such signs shall be suspended from the ceiling of the covered galleria in front of the business and be no larger than three square feet per side, with approval from the Architectural Historic Review Board.

[3] Window signs. In lieu of a facade or hanging sign, businesses are permitted a window sign or signs which are displayed behind the ground floor storefront glass, with approval from the Architectural Historic Review Board.

[a] The total area of all window signs may not exceed 20% of the area of any window. Window signs shall include both permanent and temporary signs, posters, notices, advertisements, window lettering and similar information and shall all be counted toward the total amount of window sign area. Window signs which simply state hours of operation or street address shall not be counted against the window sign area.

[4] Projecting signs. Businesses with a preexisting projecting sign in place at the date of adoption of this section are permitted to maintain a projecting sign in addition to any other permitted signs.

(c) Additionally permitted signs. In addition to signs permitted above, commercial properties may be permitted one instance of the following sign types, with approval from the Architectural Historic Review Board.

[1] Awning sign. In addition to any other permitted signs, businesses are permitted to add text along the front vertical edge of any pedestrian sidewalk awnings, with approval from the Architectural Historic Review Board. The text shall be limited to the business name, slogan and/or street address only, with text height not to exceed six inches.

[2] Plaque sign. In addition to any other permitted sign, businesses which share a common front door are permitted one surface-mounted plaque sign per tenant, which is no larger than one square foot in area, located near the primary building entry with approval from the Architectural Historic Review Board. An additional one square foot of plaque sign may be permitted to accommodate street address information and/or official building name. Individual tenant plaque signs may be designed as a single panel or should be designed in matching style, though no more than three tenant plaque signs are permitted at a given entryway.

[3] Window lettering. In addition to any other permitted signs, businesses are permitted to use painted, sandblasted or otherwise permanently affixed window lettering, with approval from the Architectural Historic Review Board. Maximum lettering sizes shall not exceed eight inches in height.

[4] Menu sign. In addition to any other permitted signs but in lieu of a plaque sign, a wall-mounted menu sign is permitted directly adjacent to the main entry for restaurants and similar establishments, provided that the total sign area does not exceed four square feet, with approval from the Architectural Historic Review Board.

[5] Freestanding monument signs. In addition to other permitted signs, a freestanding monument sign may be permitted only with Architectural Historic Review Board approval and under the following conditions:

[a] The business or property advertised contains 25 or more on-site parking spaces.

[b] The sign is limited to displaying the primary business or property name and logo or description only. The listing of multiple business names on the sign is prohibited.

[c] The sign area measures no more than 30 square feet per side.

[d] The base of the sign includes a raised planting bed with appropriate landscaping.

[e] The sign location does not obstruct vehicle sight lines or future pedestrian sidewalk areas.

[6] Street numbers. All properties are required to display their street number on the front facade next to or above the primary entry, or in a reasonably obvious location. Street numbers should be between six and 10 inches tall, and should contrast well with their background to be legible, as approved by the Architectural Historic Review Board.

[7] Exempt signs. Exempt signs listed in § 243-6 of the Town Code, including but not limited to temporary political signs, government flags, traffic control or "for sale" signs, are permitted. On-premises changeable copy signs, commonly used by the Fire Department to make community announcements, shall also be exempt from these standards.

(d) Other signs.

[1] Home occupation sign. Approved residential home occupations are permitted a single facade-mounted plaque sign, as specified above, or a small freestanding pole sign which does not exceed three square feet in area each side and six feet in height, no closer than 15 feet from the road.

[2] Temporary announcement sign. A single temporary promotional, special event or similar sign advertising an announcement is permitted no more than four times a calendar year for any commercial business, provided they are limited to a maximum of six square feet (each side), are located on the business premises and are displayed for no more than seven consecutive days.

[3] Temporary permit signs. In cases where a newly established business cannot afford the purchase of a facade-mounted sign which meets the requirements of this section, the Architectural Historic Review Board may approve a temporary permit sign to be used, as follows:

[a] The temporary permit sign shall be valid only for a period of six months, at which point the temporary sign must be removed. This six-month period may be extended, at the discretion of the Architectural Historic Review Board, only for one additional period not to exceed six months.

[b] The temporary permit sign must be reviewed and approved by the Architectural Historic Review Board prior to granting any temporary sign permit.

[c] Before a temporary permit sign can be approved, the final approved sign design proposed for the business must also be approved.

[d] The temporary permit sign may be constructed of alternate materials, as approved by the Architectural Historic Review Board, provided they are deemed to be durable, weather resistant and of satisfactory design. The temporary permit sign shall conform to all other provisions of this section related to lettering size, sign board size, placement, colors and lighting.

[e] The business must sign a letter of agreement stipulating that the Town has the authority to remove any temporary permit sign which has exceeded its valid term or which does not otherwise conform to the requirements of this provision.

(e) Prohibited signs: all signs prohibited in Chapter 243, Signs.

(f) General provisions.

[1] Sign colors shall complement the building colors as approved by the Architectural Historic Review Board.

[2] Signs cannot be placed any nearer than 15 feet from the edge of any roadway, 10 feet from the edge of a driveway or otherwise obstruct and/or impede the view of motor vehicles.

(g) Sign lighting methods.

[1] Externally illuminated (indirectly lighted signs).

[a] Lighting of signs shall be by means of external lighting mounted above or below the sign. All lighting must be generally white or of a muted color with a diffused, nonintermittent light source as approved by the Architectural Historic Review Board. All lighting shall not interfere with the comfort and safety of the general traffic and nearby residences.

[b] External sign lighting must be provided from shielded, downward-facing lamps which direct light only on the immediate sign surface. Bare bulbs shall not be readily visible from the public way. Externally illuminated signs are encouraged to utilize light-colored lettering on a darker background to reduce glare.

[2] Silhouette lighting method.

[a] The "silhouette" illumination of individual channel lettering may be permitted with Architectural Historic Review Board approval, provided that:

[i] The individual channel letters are completely opaque, allowing no transmission of light through their surface.

[ii] The source of all lighting and associated wiring is fully concealed behind each individual letter.

[iii] The lighting effect produces only a subtle and soft glow around the lettering.

[3] General lighting requirements.

[a] Sign lighting must be turned off by 11:00 p.m., or at the close of business, whichever is later.

(7) Exterior lighting standards. Exterior lighting for all new construction and exterior renovations shall be in accordance with the design standards of this section.

(a) All exterior lighting fixtures used for signs, walkways, parking lots and security lighting should be full cutoff or recessed fixtures which project light downward only, with no exposed bulbs or glare readily visible from the public way or adjacent parcels. The light from these fixtures shall not spill over into adjacent properties and shall provide only as much light as needed to illuminate the target surfaces.

(b) All exterior lighting fixtures should complement the historic nature of the hamlet as selected or approved by the Architectural Historic Review Board.

(c) Exterior site lighting fixtures chosen should complement or match the style and theme of other exterior fixtures used on the property for signs so as to present a consistent and uniform appearance.

(d) So as to reduce the negative effects of lighting on the nighttime sky, limited amounts of landscape lighting may be directed upwards, with Architectural Historic Review Board approval only, provided that the fixtures are fully shielded and no bare bulbs are readily visible from the public way. Landscape lighting should not exceed three feet in height.

(e) Parking and security lighting poles shall not exceed 20 feet in height.

(f) Internally lit and translucent canopies or awnings are prohibited.

(g) Metal halide, high-pressure sodium, incandescent, fluorescent and LED lamps are recommended for typical exterior uses. Mercury vapor and low-pressure sodium can be used with Architectural Historic Review Board approval only. Neon and laser lights are prohibited.

§ 290-7.4 Neighborhood Shopping District.

[Added 12-11-2012 by L.L. No. 6-2012]

A. Purpose and intent.

(1) The purpose of the Neighborhood Shopping District is to provide for areas of small commercial and mixed-use development in a suburban neighborhood center or small "hamlet center support" setting along major transportation corridors. The primary use is intended to be small commercial (retail) and professional activities, with opportunities for mixed-use multifamily residential uses. District development standards promote attractive development, an open street appearance, and compatibility with adjacent residential areas. Development is intended to complement the aesthetics of the neighborhood. Parking is intended to be placed behind or to the side of principal buildings.

(2) The NS District is intended to:

(a) Support commercial/retail uses for local neighborhood hubs on major transportation corridors;

(b) Maintain appropriately scaled development near residential developments adjacent to major transportation corridors;

(c) Complement design guidelines on major transportation corridors to orient buildings to street, provide pedestrian walkways through parking, and reduce paved areas and driveways through shared parking;

(d) Support safe pedestrian access to a diverse range of activities, including public transportation services; and

(e) Expand accessible multifamily housing choices in Clarkstown.

B. Zoning district.

(1) The area and boundaries of this district are hereby established as shown on a map entitled "Zoning Map of the Town of Clarkstown," adopted June 30, 1967, and as further amended. Such map, referred to herein as the "Zoning Map," together with everything shown thereon, is on file in the office of the Town Clerk.

C. Application.

(1) The provisions of this chapter apply to all new development, redevelopment, exterior alterations, change of use, site plan alteration within the Neighborhood Shopping District.

D. Area and Bulk Schedule.

[Amended 10-9-2018 by L.L. No. 8-2018; 10-6-2020 by L.L. No. 4-2020]

Table 290-7.4A General Bulk Regulations
District	For Uses Listed Below	Max. Floor Area Ratio1	Min. Lot Area and Max. Dwell- ing Units (DU) Per Area	Min. Lot Width (feet)	Min. Front Yard2 (feet)	Min. Side Yard3,4 (feet)	Min. Both Side Yards (feet)	Min. Rear Yard5,6 (feet)	Max. Build- ing Height	Max. Lot Cover- age	Max. Princ- ipal Build- ing Cover- age
NS	Comm- ercial only	0.5	15,000 square feet	25	15	15	30	15	24 feet max.; 2 stories	60%	30%
	Mixed use	0.5	20,000 square feet DU per acre: 1 BR: 11.3 2 BR: 10.0	25	15	15	30	15	35 feet max.; 3 stories	60%	30%
	Senior housing	0.5	1 acre DU per acre: Studio, 1 BR or 2 BR7,8: 20	25	15	15	30	15	35 feet max.; 3 stories	66%	33%

NOTES:
1	Development bonuses. An applicant may choose (and not combine) one of the following development bonuses options:
i.	Stormwater runoff. Developments which incorporate plans with reduced stormwater runoff are eligible for maximum FARs at the following levels:

Certification level	FAR
Meeting stormwater management design	0.50
Reduce runoff rate by at least 5%	0.525
Reduce runoff rate by at least 10%	0.55
Reduce runoff rate by at least 20%	0.60

ii.	Green building. Developments which construct facilities certified by LEED are eligible for maximum FARs at the following levels:

Certification Level	FAR
Not certified	0.50
Certified	0.55
Silver	0.575
Gold/platinum	0.60

2	The maximum front yard setback shall be 45 feet.
3	Minimum side yard shall be 25 feet when the parcel borders a residential (R-) zoning district.
4	At least five feet shall be provided as a landscaped buffer area along the side lot line. For commercial-only and mixed-use developments abutting a residential district and for all senior citizen housing developments, 10 feet shall be provided.
5	Minimum rear yard shall be 25 feet when the parcel borders a residential (R-) zoning district.
6	At least five feet shall be provided as a landscaped buffer area along the rear lot line. For commercial-only and mixed-use developments abutting a residential district and for all senior citizen housing developments, 10 feet shall be provided.
7	Excluding a superintendent's apartment which shall consist of no more than three bedrooms.
8	10% of units shall be affordable as per § 290-7.4G(4)(e).

E. Use Schedule.

[Amended 10-9-2018 by L.L. No. 8-2018]

Table 290-7.4B Use Schedule
District	Uses Permitted by Right		Uses Permitted by Special Permit		Permitted General Accessory Uses
NS	Retail and service uses		A. Planning Board		1. Uses customarily appurtenant and accessory to uses permitted by right
	1. Retail establishments, including activities such as variety, pharmacy, food, or electronic goods stores		1. Residential multifamily housing in the form of apartments located above commercial uses on the first floor (mixed use)a		2. Accessory parking, subject to § 290-22
	2. Dining establishments, including restaurants, cafes, coffee shops, and taverns		2. Outdoor dining that is incidental to and in conjunction with an established indoor dining establishment		3. Accessory loading, subject to § 290-23
			3. Senior housing, pursuant to § 290-7.4G(4)a		4. For senior citizen housing, the following accessory uses shall be permitted:
						a) Cafeterias or dining halls
						b) A medical dispensary
						c) Storage or tool sheds
	3. Personal service stores dealing directly with consumers, such as beauty salons, tailors, cleaning dropoff centers, and photography studios		B. Town Board
	4. Community centers, libraries, art galleries, artist studios and similar shared-use facilities or workshops		1. Child day-care center pursuant to § 290-17Z and subject to site plan approval by the Planning Board, of which the approved site plan shall accompany the application for special permit
	5. Hardware and florist
	Commercial office uses
	1. Professional, administrative, and business offices, including uses such as financial management, engineering, legal services and logistics
	2. Government offices
	Other
	1. Public parks, playgrounds or other active, landscaped open space

NOTES:
a	Residential multifamily and senior citizen housing special permits are permitted only for locations along U.S. Route 9W.

F. Permitted uses.

(1) For detail on specific uses, see the Use Table for the NS District[1]. In general, permitted uses in the NS District include:

(a) Retail and service uses which complement the character and scale of the area, such as convenience stores;

(b) Restaurants, cafes and other dining facilities, without drive-through facilities (drive-through facilities for any commercial use are not allowed); and

(c) Office uses for business, professional and service uses.

[1] Editor's Note: See Table 290-7.4B, Use Schedule, in Subsection E of this section.

G. Conditional uses. Conditional uses permitted in this district include:

(1) Multifamily residential dwellings located over ground-floor retail, service or commercial office uses (mixed-use development); the special permit is only applicable to Neighborhood Shopping zones located along U.S. Route 9W in Clarkstown. One of the purposes of offering conditional uses within the NS District is to enable applicants to incorporate additional housing opportunities within close proximity to a suburban neighborhood shopping center, creating a small "hamlet center support" setting along a major transportation corridor that offers multiple transportation alternatives. Commercial activities within the NS District shall offer neighborhood shopping convenience goods and office or professional services to on-site or adjacent multifamily uses in addition to surrounding residential and recreational areas of the Town. Commercial uses are intended for use primarily by the local neighborhood, but may include specialized uses that attract persons throughout the Town. It is not intended to include commercial uses that attract shoppers from a larger area, such as adjacent towns or counties. All of the following conditions must be met in order to qualify for a conditional use special permit to be granted by the Planning Board.

(a) The development must be located along U.S. Route 9W in Clarkstown.

(b) The development must be located within 1/2 mile of a publicly accessible, fixed-route transit shelter or rail station. The distance to the transit shelter or station shall be measured from either corner of the lot fronting the parcels primary access to the roadway.

[1] If a fixed-route transit shelter is not located 1/2 mile from the development site, but the development site is located adjacent to an operational fixed-route transit route, a developer may integrate into the site plan and erect a transit shelter to qualify for the conditional use permit.

[2] All proposed transit shelters must be reviewed by the Town of Clarkstown Town Planner (to ensure cohesiveness and coordination with transit operations) and must be approved by the Town of Clarkstown Planning Board.

[3] Proposed transit shelter sites located on a state or county road must be submitted to the appropriate agency (New York State Department of Transportation or Rockland County Department of Highways) for review. The site developer is responsible for acquiring needed approvals and permits from the agency for the shelter.

[4] All proposed shelter sites shall be submitted to the Rockland County Department of Transportation for review, to ensure the sites are suitable for public transportation use.

[5] Transit shelters erected under this special permit must be maintained by and will remain the sole responsibility of the land owner, unless other legally binding agreements are made.

(c) Each dwelling unit shall be a minimum of 700 square feet and a maximum of 1,200 square feet.

(d) Dwelling units must include a minimum of one bedroom (no studio apartments), up to no more than two bedrooms.

(e) A maximum of 25% of the dwelling units may be two-bedroom units. Only bedrooms shall be used for sleeping purposes. No other habitable space shall be converted or used for sleeping purposes.

(f) New mixed-use developments shall not exceed a density of 11.3 dwelling units per acre.

(g) Residential dwelling units are permitted only on upper floors of the building with commercial (nonresidential) space on the ground floor level.

(h) Balconies for any apartments created under this special permit shall be constructed to give privacy to those using them as well as to shield those users and their personal effects (furniture, banners, etc.) from view of passersby.

(i) Access to dwelling units above the street level must be provided from an enclosed lobby or corridor and stairwell. A person entering a dwelling unit from the ground floor must not pass through the use located on the first floor of the building. Unenclosed or partially enclosed exterior stairwells are prohibited.

(j) Commercial uses in mixed-use buildings are only permitted on the ground floor.

(k) Commercial uses shall be of a nature and character that are compatible with residential uses (hours of operation, noise, parking, etc.) and are intended to offer neighborhood shopping convenience goods and office or professional services for use by the local neighborhood.

(l) Existing structures converted to include apartments must also comply with the following:

[1] Existing conversions must provide all required off-street parking for the dwelling units as well as the ground floor commercial space.

[2] Existing conversions may be required to provide exterior property improvements as part of the site plan approval process, subject to site plan, landscaping, and architectural review.

(2) Outdoor dining that is incidental to and in conjunction with an established indoor dining establishment. Outdoor dining that is incidental to and in conjunction with an established permitted restaurant, cafe or delicatessen as permitted in the NS District shall be permitted upon the approval and granting of a conditional use special permit, provided that the establishment of such an accessory use has no deleterious effect on the public health, safety or welfare, or negative effect on adjoining businesses. All of the following conditions must be met in order to qualify for a conditional use special permit to be granted by the Planning Board.

(a) The Planning Board may limit the hours of operation of any activities that may impact adjacent or nearby properties, such as the operation or use of musical instruments or sound reproduction devices, or any noise emanating from the outdoor dining establishment area other than the conversational and service sounds.

(b) When the associated indoor establishment is not open or the outdoor dining establishment is not in daily use, all furnishings shall be removed daily from public property.

(c) Permission to serve alcoholic beverages at outdoor dining establishments shall be contingent upon the applicant obtaining written approval from the New York State Liquor Authority to serve such alcoholic beverages at the location of the outdoor dining establishment. Proof of such permission must be provided to the Building Inspector prior to the issuance of any special permit. Additionally, all alcoholic beverages to be served at an outdoor dining establishment shall be prepared in the interior of the establishment.

(d) The restaurant shall not serve food or beverage to a patron at an outdoor dining facility unless that patron is seated at a table.

(e) The total number of patrons at any outdoor dining establishment shall not exceed six patrons as of 12:00 midnight of the morning following an evening of food and beverage service.

(f) All outdoor dining establishments authorized under this chapter, as well as any furnishings used in association with the outdoor dining establishment in the NS District, shall be removed from the outdoor dining area at or before 1:00 a.m. of the morning following an evening of food and beverage service.

(g) Outdoor cabarets and outdoor dining establishments in conjunction with a cabaret are specifically prohibited.

(3) Child day-care center. All child day-care centers must comply with the specific provisions of § 290-17Z and are subject to site plan approval by the Planning Board, of which the approved site plan shall accompany the application for special permit.

(4) Senior citizen housing, subject to the following conditions:

[Added 10-9-2018 by L.L. No. 8-2018]

(a) The development must be located along Route 9W in Clarkstown.

(b) Additional regulations.

[1] No trucking shall be permitted into a site from a collector or local street. No shipping or receiving of goods shall be permitted between the hours of 11:00 p.m. and 7:00 a.m., nor on Sunday.

[2] Minimum front lot line shall be 100 feet along a major or secondary road.

[3] Access roads.

[a] Ingress and egress roads shall be from a major or secondary road.

[b] No roads or driveways shall be located within 100 feet of any street intersection.

[4] One-bedroom dwelling units shall be a maximum of 900 square feet, and two-bedroom units shall be a maximum of 1,200 square feet. No more than 50% of the units shall be two bedrooms. No units shall be more than two bedrooms with the exception of one superintendent's apartment per complex, which shall consist of no more than three bedrooms.

[Amended 10-6-2020 by L.L. No. 4-2020]

[5] The applicant or sponsor of the senior citizen housing development shall provide a community space at least equal to 10% of the floor area of each building, including lounges, workshops, game rooms and other designed facilities for senior citizens, except space for medical facilities or dispensaries.

(c) Criteria for review of special permit. The Planning Board shall make written findings with respect to whether the proposed development meets the following criteria:

[1] The proposed location in relation to similar developments nearby, whether by age restriction, income or density.

[2] Site suitability in relation to safety of vehicular access, availability of public transportation, pedestrian access to off-site locations for retail services, medical care, or recreation.

[3] Anticipated marketability in relation to similar developments in the Town, neighborhood factors, potential for occupancy by Town residents.

[4] Compatibility with the neighborhood in which the development is proposed, potential for separation from nearby uses, and environmental factors.

[5] The site shall be served by both public water and public sanitary sewer facilities, and said facilities shall be adequate to accommodate the additional demand placed upon them by the proposed development.

[6] The site shall be well drained, and stormwater generated by development of the site shall not place an undue burden on existing facilities or contribute to downstream flooding.

[7] The site shall be located in an area suitable for residential purposes and shall be reasonably free of objectionable conditions, such as odors, noise, dust, air pollution, high traffic volumes, incompatible land uses and other environmental constraints.

[8] The site should be located within reasonable proximity to public transportation service, or, in the alternative, a shuttle bus or other transportation service shall be available to the site.

[9] The site shall be located such that access to the site can be obtained from a public street which meets current engineering standards of the Town with respect to roadway width and alignment, and acceptable sight distances can be developed at the site entry/exit and at intersections in the vicinity of the site.

[10] The architectural style of the proposed development, exterior materials, finish and color shall be consistent with existing community and neighborhood character.

[11] The development shall provide appropriate recreational amenities such as game rooms, meeting rooms, lounges and exercise rooms, if such are lacking in the immediate vicinity as determined by the Planning Board.

[12] The development of the site shall not produce undue adverse effects on the surrounding neighborhood.

(d) Limitations on occupancy.

[1] Subject to federal housing regulations, at least one member residing or proposing to reside in a dwelling unit shall have attained the age of 55 years or more on the date that such household initially occupies the dwelling unit and no persons age 18 or younger shall occupy any dwelling unit.

[2] Notwithstanding the foregoing, each senior citizen housing community may set aside one dwelling unit to be occupied by a superintendent or building manager, to which the limitations on occupancy set forth above shall not apply.

[3] A caregiver under the age of 55 may reside in a senior citizen housing unit if it is established that the presence of such a person is essential for the physical care of the senior. A caregiver shall not be considered a permanent resident.

[4] For the purposes of this section, a "permanent resident" shall mean any person who resides within the dwelling for more than three consecutive weeks, or has listed the residence as a dwelling for any purpose whatsoever, including, but not limited to, enrollment in public or private schools.

(e) Rental and affordability requirement, tenant priority and availability.

[1] Every unit shall be a rental unit. The sale of any individual unit shall be strictly prohibited.

[2] At least 10% of the units shall be affordable units as defined in § 290-3, except for assisted-care living quarters.

[3] To qualify for an affordable unit under this subsection, prior to renting any facility, the applicant, sponsor and/or owners of any development under this subsection shall contact the Town of Clarkstown or its designated qualified agency for a current list of names and addresses of eligible senior citizens desiring housing and give these eligible senior citizens priority in the rental of these facilities according to the length of years of residency in Clarkstown.

[4] Affordable units shall be indistinguishable in character and construction from other units with regard to size, standard fixtures and appliances, and amenities, and have the same rights and responsibilities of any other unit in the development, excepting the specific provisions of this section. The ratio of studio apartments and one-bedroom affordable units shall be equal to the ratio for market-rate units.

[5] Every renter of an affordable unit shall certify, on a form prescribed by the Town Attorney's office, that such unit is the primary place of residence. Renters of affordable units shall not be permitted to sublet said units to other parties, this being enforced by a lease restriction. No property owner shall rent any affordable unit without first obtaining such verified certificate from the renter.

[6] The landowner and developer shall file a declaration with the Rockland County Clerk at the time of site plan approval identifying the units which are affordable units and restricting their future rental price under the provisions of this section. The declaration shall include a provision requiring that every lease for an affordable unit shall include the following paragraph to inform all future sellers and buyers or renters that these units are affordable units subject to the provisions of this section:

"This dwelling unit is for use by income-eligible families pursuant to a special program under the Town of Clarkstown Zoning Local Law. Its future rent must be to persons who qualify with the income requirements and at a price in accordance with the program at the time of execution of the lease or any renewal thereof, to be verified by the qualified agency referred to in § 290-7.4G(4)(e)[7]. The Town of Clarkstown shall have the right to approve or disapprove the subsequent rental of this unit based upon the income of the proposed renter and the requirements of § 290-7.4G(4)(e)[3]."

[7] The Planning Board shall, as a condition to approval of an application, require the applicant to contract with a qualified agency as designated by the Town Board to administer and oversee the rental of affordable units.

(f) Additional requirements.

[1] Dwelling units shall be air conditioned with individual thermostatic controls for heating and air conditioning.

[2] All dwelling units shall incorporate design features, to the maximum extent practical, which ensure the safety and convenience of the residents, including, but not limited to, elevators, grab bars, nonscalding faucets, water-impervious nonslip floors, flush thresholds and wheelchair-accessible doorways.

[3] If pets are permitted, specific pet walking areas designated and located so as to prevent nuisance and annoyance or health hazards to the residents and/or abutting property shall be provided.

[4] Elevators shall be able to accommodate a gurney and emergency crew and shall be located closest to handicapped-accessible units.

[5] Entrance canopies shall be no lower than 14 feet so as to accommodate buses and emergency vehicles.

[6] All dwelling units shall be designed, constructed and inspected in accordance with the New York State Building Code and Chapter 109 of the Town Code.

[7] Construction requirements. All building and dwelling units constructed under this subsection shall be constructed in accordance with the New York State Building Construction Code and conform to any additional requirements of the state or federal programs providing for housing for the elderly, whichever is applicable, and shall be inspected and approved by the Building Inspector.

[8] Certification of corporation. A certified copy of the corporation papers of an applicant proposing to construct housing under this subsection shall be supplied to the Town Attorney's office for review and comments for compliance with the purpose and intent of developing dwelling units specifically designed for the needs of persons age 55 or older, including independent, assisted care living quarters and senior citizen congregate housing.

[9] Prohibitions. This subsection does not permit nursing homes, convalescent homes, private proprietary homes, homes for the aged or any other facilities regulated and licensed by the Department of Health under the Public Health Law of the State of New York, except for assisted care living quarters and senior citizen congregate housing.

[10] Annual report. The applicant and/or owners of a development under this subsection shall file with the Town Building Inspector, before the first Monday in December of each year of operation, a form affidavit supplied by the Town Building Inspector for compliance with all provisions of § 290-7.4G(4)(f)[11] and § 290-7.4G(4)(e) and any state or federal filing requirement, if any. Any delay in filing of such form affidavit shall constitute a violation of this special permit, and, further, any real estate tax abatement provided under this subsection shall immediately cease.

[11] Tax abatements/payment in lieu of taxes (PILOT).

[a] Any tax abatement/PILOT afforded under this subsection shall be for the purpose of reducing rent payments for housing for eligible senior citizens.

[b] To continue the eligibility for tax abatement/PILOT under this subsection, prior to renting any facility, the applicant, sponsor and/or owners of any development under this subsection shall contact the Town of Clarkstown or its designated qualified agency for a current list of names and addresses of eligible senior citizens desiring housing for the elderly and give these eligible senior citizens priority in the rental of these facilities according to the length of years of residency in Clarkstown.

[c] Anything to the contrary notwithstanding hereinabove, eligibility for any housing provided shall be pursuant to the regulations of the United States Department of Housing and Urban Development, in the event that financing is obtained pursuant to those programs, or other applicable federal, state and local government programs.

(g) Site plans and approvals.

[1] The Planning Board shall review all applications for development in accordance with the provisions of this chapter.

[2] The Planning Board shall refer the site plan to the Architectural Historic Review Board for recommendations after granting a special permit and preliminary site plan approval.

[3] For all developments, the applicant shall set aside park, usable open space and shall pay any fee required, as per § 246-12C.

[4] Where not modified by this section, all other conditions of the site plan approval and/or subdivision regulations of the Town shall apply, including but not limited to Chapter 246 and Chapter 254.

(h) Alternative space. Notwithstanding the provisions of § 290-7.4(G)(4)(b)[6] and § 290-7.4(G)(4)(g)[3] above, regarding the requirement for community space and usable open space, the Planning Board may modify such requirements in the event that there are suitable alternatives in the neighborhood to assure adequate community space and usable open space.

(i) Severability. Should any section, paragraph, sentence, clause, word or provision of this section be declared void, invalid or unenforceable, for any reason, such decision shall not affect the remaining provisions of this section.

H. Additional use regulations.

(1) Ground floor uses.

(a) Retail and service uses provided directly to customers shall be located on the ground floor of the building. This is to encourage accessibility and provide sidewalk activity that supports a vibrant and safe pedestrian environment.

(b) All commercial retail, service and residential uses shall utilize separate entrances with visible and unobstructed access to sidewalks, parking and other landscaped areas. Commercial use access should typically not be located from an interior hallway, in order to maintain a pedestrian connection to the street. This does not preclude the use of outdoor promenades; however, care should be taken in the design of the structure to maintain pedestrian connections and visibility between the street and the entrance.

(2) Sidewalks. Sidewalks conforming to Clarkstown specifications shall be provided on the street frontage of the lot and/or within the right-of-way of any street located adjacent to a lot. The sidewalk material shall be continuous through the drive.

(3) Access management.

(a) Uses in NS Districts should be designed to be accessible directly from major roadways, shall reduce the number of curb cuts or the width of curb cuts as directed by the Planning Board, and shall follow the site plan review regulations in the Town Code. Additionally, if the parcel is located on either a state or county road, access management must also be in accordance with the appropriate highway agency's review processes and requirements, and all required permits must obtained.

(b) In no case shall access extend along the length of road frontage, nor shall the nearest edge of any curb cut be located any less than 50 feet from any intersection between public streets, measured from the corner of and along the lot line of the site.

(c) Shared access between adjacent properties is encouraged and is subject to review by the Planning Board in order to reduce congestion and improve safety.

(4) Open storage yards or outdoor storage facilities.

(5) Open storage yards or outdoor storage facilities are not permitted in the Neighborhood Shopping District.

I. Off-street parking and loading berth requirements.

[Amended 10-9-2018 by L.L. No. 8-2018]

Table 290-7.4C Off-Street Parking Requirements
Minimum Required Off-Street Parking		Minimum Required Accessory Off-Street Loading Berths - Number of Berths Required
For	At least one parking space for each:	Use
Commercial office uses	300 square feet of gross floor area	1. For a public library, museum, art gallery, institution or governmental building, community center, hospital, nursing or convalescent home, or school with floor area of 10,000 square feet, 1 berth; for each additional 25,000 square feet or fraction thereof, 1 additional berth
Retail and service uses	300 square feet of gross floor area	2. For buildings with offices and retail sales and service establishments, 1 berth for 8,000 to 25,000 square feet of gross floor area, and 1 additional berth for each 25,000 square feet or major fraction thereof so used
Residential uses (excluding senior, housing)	0.66 dwelling unit
Senior citizen housing	0.66 studio dwelling unit 0.66 one-bedroom dwelling unit 0.5 superintendent dwelling unit

(1) Surface parking shall be located as much as possible to the rear of the building, and to the side of the principal building, to maintain exposure of the building frontage/facade to the street.

(2) Indoor parking shared by residents may be considered, and enclosed ground-floor indoor parking may be considered with the appropriate design treatments. Indoor parking shall generally be integrated within the principal building or constructed as a separate structure behind the principal building.

(3) Shared parking is to be encouraged for all uses in a NS District. Access to the district shall be minimized to reduce dangers associated with vehicle access and egress on major roadways. Truck loading, unloading and parking should be placed on the rear side of the building (the side farthest from the nearest major roadway).

(4) The Planning Board may authorize at its discretion a reduction of up to 10% of the minimum parking spaces for multiple property owners who link and share their adjacent parking areas where it can be demonstrated that the uses have staggered demand schedules over the course of a typical day.

J. Design standards.

(1) All new commercial and multifamily construction, additions, exterior renovations requiring a building permit or site plan review, including signs, exterior lighting, landscaping and changes to exterior materials, facade, or colors within the NS District shall be approved by the Architectural Historic Review Board.

[Amended 6-28-2016 by L.L. No. 8-2016]

(2) Buildings shall have one or more pedestrian entrances located on the front facade and facing the street. A building located on a corner may have an angled entrance at the corner of the two streets. The pedestrian entrance(s) to commercial uses shall be operable during normal hours of business operation.

§ 290-7.5 New City Hamlet Zoning. [1]

[Added 5-7-2013 by L.L. No. 3-2013]

A. Purpose and intent. The Town of Clarkstown worked with residents, landowners and business owners to help define a vision for the future growth and desired character of the New City Hamlet area. The result of this process was the creation of the New City Hamlet Center Vision Plan, adopted as an element of the Town's comprehensive plan. The purpose and intent of this chapter is to enable and encourage many of the ideas and recommendations of that plan. The implementation of these ideas are expected to be advanced through the following general understandings:

(1) That certain Hamlet Center neighborhoods should ideally be compact, pedestrian oriented and mixed use where ordinary activities of daily living can occur within walking distance, allowing more independence to those who do not drive.

(2) That growth strategies for the Hamlet Center should encourage infill and more efficient redevelopment of existing lands.

(3) That buildings and landscaping should work together to create meaningful outdoor public spaces.

(4) That within neighborhoods, a range of housing types and price levels should be provided to accommodate diverse ages and incomes.

(5) That the overall design and density of the hamlet should reflect the character of a traditional small town Main Street.

(6) That meeting the growing parking needs of the Hamlet Center can best be achieved by encouraging a comprehensive system of shared or dedicated parking areas.

(7) That the character of the Hamlet should be defined by building form, architecture and landscaping - not by parking lots.

(8) That development should adequately accommodate automobiles while respecting the pedestrian and the important spatial form of public areas.

(9) That new development should be sensitive to the existing neighborhoods and carefully designed to minimize adverse impacts to quality of life.

(10) That civic buildings and public gathering places should be provided as locations that reinforce community identity.

(11) That the harmonious and orderly evolution of these ideas are best secured through zoning which guides development toward the desired form and character of the hamlet.

B. Applicability.

(1) The provisions of this section apply to all new development, redevelopment or alterations (excluding single-family residential homes) within the New City Hamlet zoning districts, including:

(a) New construction.

(b) Additions and exterior renovations requiring a building permit.

(c) Site plan modifications requiring site plan review.

(d) Changes in use or expansions requiring Building Department review.

(e) The replacement or change of commercial signs and exterior lighting.

(2) The provisions of this section also include specific design requirements related to the following:

(a) Site plan arrangement and circulation.

(b) Area and bulk of structures.

(c) Parking lot design and arrangement.

(d) Landscaping, exterior lighting and pedestrian amenities.

(e) Commercial signs.

(f) Architectural design and exterior materials.

(3) The Town of Clarkstown is exempt from the provisions of this section.

C. Zoning districts. The New City Hamlet zoning encompasses and includes the following zoning districts:

(1) Civic & Cultural District [H1]. The Civic & Cultural District is intended to define the heart of the New City Hamlet with public spaces such as parks, civic buildings and cultural amenities. An open "campus style" development is encouraged here, with large lawns, outdoor spaces and buildings set back from the street, in keeping with the character of the historic County Courthouse property.

(2) Hamlet Neighborhood District [H2]. The Hamlet Neighborhood District is intended to be a mixed-use neighborhood which provides housing opportunities, small-scale local shopping and services to the immediate area while maintaining the residential scale and character of the streets. The goal is to provide an opportunity area for small local businesses to establish themselves in a location which has been slowly transforming from residential to commercial uses, while maintaining the charm and character of the existing neighborhood.

(3) Hamlet Transition District [H3]. The primary goal of the Hamlet Transition District is to promote continued redevelopment along Main Street commercial properties to help define a consistent public street space and enhance the pedestrian environment. To this end, new buildings in this district fronting Main Street are encouraged to be two stories. It is also intended to act as a transitional buffer between the commercial activity along Main Street and the various residential neighborhoods to the west.

(4) Hamlet Center District [H4]. The intent of the Hamlet Center District is to promote development and redevelopment along the Main Street corridor to define a consistent public street space and enhance the pedestrian environment. To this end, new buildings in this district fronting Main Street are encouraged to be two stories. Additionally, mixed-use residential developments are encouraged to provide housing opportunities and promote an active streetscape both day and night.

D. District boundaries. The areas and boundaries of such districts are hereby established as shown on a map entitled "Zoning Map of the Town of Clarkstown," adopted June 30, 1967, and as further amended. Such map, referred to herein as the "Zoning Map," together with everything shown thereon, is on file in the office of the Town Clerk.

(1) Interpretation of boundaries. Interpretation of actual district boundaries shall be in accordance with the provisions of § 290-9, Interpretation of boundaries.

E. Area, bulk and density requirement.

(1) The area, bulk and density requirements within districts H1, H2, H3 and H4 shall be as set forth below:

[Amended 7-18-2023 by L.L. No. 7-2023]

Table E-1

Area, Bulk and Density Requirements

KEY:

"s.f." = square feet

"ft" = feet

"min" = minimum

"max" = maximum

		H1	H2	H3	H4
		Civic & Cultural	Hamlet Neighborhood	Hamlet Transition	Hamlet Center
LOT SIZE (min.)
	Lot size	30,000 s.f.	10,000 s.f.	10,000 s.f.	10,000 s.f.
	Lot width	60 ft min	60 ft min	60 ft min	60 ft min
BUILDING HEIGHT (max.)
	Principal building	45 ft	35 ft	35 ft	35 ft/45 ft1/70 ft1
	Accessory building	1 story	1 story	1 story	1 story
SETBACKS - PRIMARY BUILDING2
	Front yard	15 ft min	10 ft min/20 ft max	10 ft min/20 ft max	0 ft min/15 ft max
	Side yard	20 ft min	5 ft min/20 ft total	0 ft min3/15 ft total	0 ft min3/15 ft total
	Rear yard	20 ft min	35 ft min	40 ft min	30 ft min
	Frontage buildout min %	n/a	n/a	50% at front setback	50% at front setback
SETBACKS - ACCESSORY BUILDING2
	Front yard	25 ft min	20 ft min	20 ft min	30 ft min
	Side yard	10 ft min	10 ft min	10 ft min	10 ft min
	Rear yard	10 ft min	10 ft min	10 ft min	10 ft min
SETBACKS - PARKING2
	Front yard	15 ft min	10 ft min	10 ft min	10 ft min
	Side yard4	5 ft min	5 ft min	5 ft min	5 ft min
	Rear yard4	5 ft min	5 ft min	5 ft min	5 ft min
LOT DENSITY AND GREENSPACE
	Greenspace % min	25%	20%	10%	10%
	Maximum floor area ratio	0.5	0.5	0.5	0.5/0.655
RESIDENTIAL DENSITY - minimum lot area per dwelling unit
	Residential uses only	n/a	6 units/acre	n/a	n/a
	Mixed Use	n/a	10 units/acre	10 units/acre	10 units/acre [potential for up to 13 units per acre; see § 290-7.5E(13)]

NOTES:
1	The forty-five-foot maximum building height in the H4 District is only permitted with structured parking and upper-story facade setback, as described in § 290-7.5E(4). A seventy-foot maximum is permitted for developments.
2	Setbacks and buffers may be varied at the discretion of the Planning Board for projects within shopping centers with two acres or more of land. Yards and buffers refers to the distance from exterior property lines of overall sites which may contain one or more lots, whether or not the lots are or will continue to be under one ownership so long as all of the land within a site is contiguous, with the exception of any streets or driveways separating any part of the site from any other part, and provided that, at the time of the submission of the site plan, the owner(s) declare(s) to the Planning Board that the site is to be developed as a unified shopping center. Prior to or subsequent to the submission of the site plan, the owner(s) may subdivide the site into one or more lots, provided that no development within the lots will be permitted except as shown on an approved site plan.
3	A fifteen-foot minimum setback is required in the absence of fire prevention measures, or as required under the New York State Uniform Fire Prevention and Building Code.
4	See § 290-7.5I(12)(h) for specific parking setbacks for lots abutting a residential district.
5	A FAR of 0.65 is permitted only if conditions of § 290-7.5E(13) and (14) are met.

(2) Building setback requirement. All building setbacks within the H1, H2, H3 and H4 Districts shall be measured from the property line. The Planning Board may require the front facade of new construction or additions to align with the front facade of existing neighboring structures so as to create a consistent street wall.

(3) Building heights in the H3 and H4 Districts. Buildings in the H3 and H4 Districts are encouraged to have a minimum two-story frontage for all facades abutting Main Street within the required facade line. This building height may step down to one story in the rear of the building. The second story should include occupiable space. Extended parapets, false facades or similar artificial methods of increasing the building height to appear as two stories are not permitted. The purpose of this is to maximize facade presence along Main Street to create a strong street wall and encourage more efficient use of commercial land.

(4) Maximum building height in H4 District. Building heights may be extended with Planning Board approval, and the provision of the following conditions: For any portion of a building 45 feet in height, the conditions of Subsection E(4)(a) and (b) below must be met. For any portion of a building 70 feet in height, the conditions of Subsection E(4)(a), (c), (d) and (e) below must be met.

[Amended 7-18-2023 by L.L. No. 7-2023]

(a) A minimum of 50% of the required number of parking spaces for the upper floor uses are provided within structured parking on site, with any remaining percentage provided on site as surface parking.

(b) The uppermost floor shall be set back from the Main Street facade by at least 15 feet from the lower levels.

(c) Buildings must be set back a minimum of 250 feet from Main Street (South or North).

(d) The site must have frontage on Route 304.

(e) The site must be a minimum of two acres.

(5) Frontage buildout percentage in the H3 and H4 Districts. The frontage buildout percentage is the percentage of the lot width which must be occupied by building facade within the allowable setback range (the required facade line). For example, a 100-foot-wide lot which requires a 50% frontage buildout would require that at least 50 feet of facade must be located between the minimum and maximum setback range. Any additional facade width beyond that 50 feet would be permitted to step back farther from the road. The intent of this requirement is to encourage development to maximize front facade width along the street, increase storefront exposure to pedestrians and infill gaps in the street wall. Shopping centers on two acres of land or greater are exempt from this provision.

[Amended 7-18-2023 by L.L. No. 7-2023]

(6) Parking setbacks. Parking setbacks abutting a residential district shall comply with the specific residential buffer requirements of § 290-7.5I(12)(h). Parking setbacks shall not apply to common lot lines where the parking lots of two adjacent properties are connected or merged.

(7) Greenspace and landscaping requirements. All sites and parking areas shall be suitably landscaped as specified in § 290-7.5I(12) and J to meet the minimum greenspace percentages, as approved by the Architectural Historic Review Board. Up to 5% of this greenspace requirement may be alternately achieved with the use of pervious surfacing for walkways or parking areas, as approved by the Architectural Historic Review Board.

[Amended 6-28-2016 by L.L. No. 8-2016]

(8) Corner lots. On a corner lot, each line which abuts a street shall be deemed to be a front lot line. The owner shall elect and so designate on the plot plan which of the remaining two required yards shall be the required side yard and which shall be the required rear yard; except where such lot abuts a residential district, such abutting line shall be designated the rear yard.

(9) Lots divided by district boundary. Notwithstanding other provisions of this zoning law, on lots divided by a district boundary, the part of such lot within each district shall be regulated by the area and bulk requirements of their respective district. The required greenspace, number of dwelling units or parking spaces may be equal to the proportional sum of that required in each district, and such totals may be located anywhere on the lot where normally permitted by these regulations.

(10) Lot lines adjacent to a more restrictive district. The requirements of § 290-20C shall not apply within the H1, H2, H3 or H4 Districts.

(11) Preexisting facades beyond the minimum setback line. Preexisting building facades which are closer than the permitted minimum front setback are considered conforming for the purposes of this section, and may continue to remain or rebuild at their current location.

(12) Preexisting facades beyond the maximum setback line. The Planning Board may approve building additions which do not meet the maximum setback requirements in specific instances where full compliance would cause extreme difficulties or an undue restriction on improvements of properties which would otherwise meet the goals and intent of this chapter, limited to the following:

(a) Additions to a preexisting building which is a significant distance behind the required maximum front setback may not be required to build out to the minimum and maximum front setback range in the H2, H3 or H4 Districts. In such cases, new additions should attempt to build out towards the street as to the extent feasible, as illustrated in Figure E-1.[2] The intent of this provision is to encourage property owners to redevelop their properties in ways which will help further the goals of the zoning of creating active pedestrian storefront areas and a continuity of interest along the street wall by permitting smaller incremental changes toward those goals.

[2] Editor’s Note: Figure E-1 is included at the end of this chapter.

(13) Mixed-use developments within the H4 Zoning District are eligible for a density bonus of an additional three 3 units per acre (up to 13 units per acre maximum) if the following condition is met:

[Added 7-18-2023 by L.L. No. 7-2023]

(a) The three-unit-per-acre bonus shall be granted upon the designation of at least 20% of these bonus units per acre as affordable units. The affordable units shall be subject to the requirements of § 290-7.5E(14).

(14) Requirements for affordable units.

[Added 7-18-2023 by L.L. No. 7-2023]

(a) Affordable units under this subsection must first be offered to members of a volunteer fire or emergency medical service, or U.S. military veteran, who must be in good standing within their organization.

(b) Affordable units shall be indistinguishable in character and construction from other units with regard to size, standard fixtures and appliances, and amenities, and have the same rights and responsibilities of any other unit in the development, excepting the specific provisions of this section. The ratio of studio apartments and one-bedroom and two-bedroom affordable units shall be equal to the ratio for market-rate units.

(c) Every renter or owner of an affordable unit shall certify, on a form prescribed by the Town Attorney's office, that such unit is the primary place of residence. Renters or owners of affordable units shall not be permitted to sublet said units to other parties, this being enforced by a lease restriction. No property owner shall rent or sell any affordable unit without first obtaining such verified certificate from the renter or buyer.

(d) The landowner and developer shall file a declaration with the Rockland County Clerk at the time of site plan approval identifying the units which are affordable units, and restricting their future rental or sale price under the provisions of this section. The declaration shall include a provision requiring that every deed or lease for an affordable unit shall include the following paragraph to inform all future sellers and buyers or renters that these units are affordable units subject to the provisions of this section:

"This dwelling unit is for use by income-eligible families pursuant to a special program under the Town of Clarkstown Zoning Local Law. Its future rent or sale must be to persons who qualify with the income requirements and at a price in accordance with the program at the time of execution of the lease, or any renewal thereof, or contract of sale, to be verified by the qualified agency referred to in the Clarkstown Town Code Chapter 290, § 290-7.5E(14)(e). The Town of Clarkstown shall have the right to approve or disapprove the subsequent rental or sale of this unit based upon the income of the proposed renter or buyer and the requirements of Clarkstown Town Code Chapter 290, § 290-7.5E(14)(a)."

(e) The Planning Board shall, as a condition to approval of an application, require the applicant to contract with a qualified agency as designated by the Town Board to administer and oversee the rental or sale of affordable units.

F. Use Schedule. The allowable uses within Hamlet Districts H1, H2, H3 and H4 shall be as follows:

[Amended 12-19-2019 by L.L. No. 16-2019; 7-18-2023 by L.L. No. 7-2023]

Table F-1

Use Schedule

KEY:

P = Permitted

— = Not Permitted

PB = Special Permit of Planning Board

TB = Special Permit of Town Board

BOA = Special Permit of Board of Appeals

		District				Notes
Uses		H1 Civic & Cultural	H2 Hamlet Neighborhood	H3 Hamlet Transition	H4 Hamlet Center
RESIDENTIAL
	Two-family residence	—	P	—	—
	Single-family semiattached residence	—	P	—	—
	Multifamily residence	—	P	—	—
	Senior citizen housing	PB	PB	PB	PB	See § 290-17O
	Mixed-use residence	—	P	P	P
	Existing conversion to mixed-use residence	—	P	P	P	See § 290-7.5G
GENERAL BUSINESS
Civic/Recreation
	Assembly or auditorium, indoor	P	—	—	P
	Assembly or amphitheatre, outdoor	P	—	—	—
	Club	—	—	P	P
	Club, outdoor	—	—	—	P
	Commercial amusement	—	—	—	P
	Cultural center	P	—	—	P
	Cultural center, limited	P	P	P	P
	Public facility, safety or government office	P	P	P	P
	Public park	P	P	P	P
	Religious facility	P	P	P	P
Medical
	Agency boarding home	P	P	P	P
	Agency community residence	P	P	P	P
	Convalescent home	P	P	P	P
	Hospital, inpatient	—	—	—	TB
	Hospital, outpatient	—	P	P	P
	Nursing home	P	P	P	P
	Veterinary services	—	—	—	P
Restaurant
	Bar or tavern	—	—	P	P	See § 290-7.5G
	Restaurant, without drive-through	—	P	P	P	See § 290-7.5G
	Restaurant, with drive-through	—	—	—	PB	See § 290-7.5G
	Restaurant, with outdoor seating	—	—	P	P	See § 290-7.5G
Retail
	Automotive sales, new or used, enclosed	—	—	—	BOA	See § 290-7.5G
	General retail, without drive-through	—	P	P	P
	Landscaping/ gardening sales, outdoor	—	—	—	P
School
	Child day-care center	TB	TB	TB	TB	See § 290-17Z
	Nursery school	P	P	P	P
	School	P	P	P	P
Services
	Automotive service	—	—	—	P	See § 290-7.5G
	Bank, without drive through	—	—	P	P
	Bed-and-breakfast or inn	—	P	PB	P
	Funeral home	—	—	BOA	BOA	See § 290-17P
	Hotel	—	—	—	P	See § 290-17I
	Laundromat	—	P	P	P	See § 290-7.5G
	Light repair and maintenance services	—	P	P	P
	Personal care	—	P	P	P
	Pet grooming	—	P	—	P
	Professional office	P	P	P	P
Miscellaneous
	Public transit passenger station	—	—	—	TB	See § 290-17K
	Public utility substation	BOA	BOA	BOA	BOA	See § 290-13B
	Public utility right-of-way	BOA	BOA	BOA	BOA	See § 290-13B
ACCESSORY USES
	Child day-care center	P	P	P	P	See § 290-17Z
	Family day care	—	P	—	P	See § 290-7.5G
	Home occupation	—	P	—	—	See § 290-7.5G
	Indoor/outdoor recreation for school or church	P	P	P	P
	Loading dock	P	—	P	P
	Parking, surface	P	P	P	P
	Parking, structured below or at grade	P	P	P	P	See § 290-7.5G
	Parking, structured above grade	P	—	—	P	See § 290-7.5G
	Other accessory use, as approved	BOA	BOA	BOA	BOA

NOTES:

Uses not expressly listed in the above schedule are not permitted. See § 290-3 for definitions of uses.

G. Requirements for specific uses.

(1) General. All uses shall comply with the provisions of § 290-13, Performance standards.

(2) Special permit uses. All special permit uses listed in this chapter shall comply with the provisions of Article IV.

(3) Special permit dimensional reductions. The Planning Board may, by supermajority vote, grant a reduction for any dimensional standards specifically required for a special permit use where they find that the requirement is not requisite in the interest of the public health, safety and general welfare, where they are unnecessary as applied to the project or where the applicant can demonstrate extreme difficulties would be encountered with strict compliance with the requirement. The Planning Board, in granting such a reduction, shall make findings of fact on the specific conditions and rational basis for the decision.

(4) Performance standards. The following additional performance standards shall apply for certain uses within the H1, H2, H3 and H4 Districts:

(a) Automotive sales, new or used, enclosed. No more than three vehicles shall be placed on display outdoors in view from the public way at any time. Exterior illumination of any vehicles on display must be turned off between the hours of 9:00 p.m. and 9:00 a.m. Remaining vehicle inventory stock must be stored indoors in an enclosed showroom or warehouse or outdoors in the rear of the property and shielded from view from the public way with the use of landscaping, fences and similar methods as directed by the Architectural Historic Review Board.

[Amended 6-28-2016 by L.L. No. 8-2016]

(b) Exception for automotive services. Preexisting, nonconforming automotive service businesses legally existing at the time of the adoption of the New City Hamlet Center Zoning may be allowed to expand no more than an additional 100% in floor area without requiring a variance for the expansion of a nonconforming use. At least a ten-foot landscaped buffer shall be provided along any property line abutting a residential use.

[Amended 12-19-2019 by L.L. No. 16-2019]

(c) Laundromat. Dry-cleaning processing operations must be conducted off site, with facilities for customer pickup or dropoff only. Laundromat operations shall be limited to self-service washers and dryers.

(d) Loading dock. Loading docks are permitted, provided they are limited to one bay or dock per building, only operated between the hours of 7:00 a.m. and 7:00 p.m. and are adequately screened from view, unless otherwise modified by the Planning Board.

(e) Mixed-use residences. New mixed-use developments, and existing conversions to mixed-use properties, shall comply with the following:

[Amended 6-28-2016 by L.L. No. 8-2016; 5-24-2022 by L.L. No. 6-2022; 7-18-2023 by L.L. No. 7-2023]

[1] Residential dwelling units are permitted on upper floors only, with commercial (nonresidential and parking) space on the ground floor level. This provision shall not apply to the H2 Zoning District. Residential units are permitted on the first floor of mixed-use buildings in the H2 Zoning District, provided that the building is residential in appearance. Applications for such units may be referred to the AHRB at the discretion of the Building Inspector.

[2] Each dwelling unit shall be a minimum of 500 square feet and must be no more than two bedrooms with a maximum of 1,250 square feet. No more than 65% of units shall be two bedrooms.

[3] Existing conversions to mixed-use residences shall only be required to provide the additional parking spaces required for the new dwelling units created, and shall treat any existing commercial parking as preexisting nonconforming if it is insufficient.

[4] Existing conversions may be required to provide exterior property improvements, including but not limited to the following:

[a] Exterior facade enhancements and improved landscaping as directed by the Architectural Historic Review Board, consistent with the design standards.

[b] New sidewalks, access paths or other pedestrian amenities as directed by the Traffic & Traffic Fire Safety Board (TTFSB). If the parcel is located on either a state or county road, then these changes must also be in accord with the appropriate highway agency's review and requirements, and all required permits obtained.

[c] Reduction in curb cuts or width of curb cuts as directed by the TTFSB. If the parcel is located on either a state or county road, then these changes must also be in accord with the appropriate highway agency's review and requirements, and all required permits obtained.

[d] Screening from adjacent properties as directed by the AHRB.

[e] Commercial signs and exterior lighting must be brought into conformity with the design standards.

(f) Family day care (accessory use).

[1] The family day-care home shall be allowed only as an accessory to a single-family detached residence. No family day-care home shall be located on a lot that includes a two-family conversion.

[2] All licensing requirements of the Department of Social Services shall be met. The certificate of occupancy shall automatically terminate upon sale of the premises or if the Department of Social Services license is revoked.

[3] A suitable, safe, designated play area shall be provided, located not less than 50 feet from any street line or 25 feet from any lot line. The play area shall include at least 200 square feet per child. The play area shall be fenced unless a larger area surrounding the play area is fenced. No play area may be in any required front yard. No building areas to be occupied by the children shall be within a required yard.

[4] At least one off-street parking space shall be provided for each staff member and at least one space per every three enrolled children.

[5] No more than six children shall be enrolled in the family day-care home.

[6] The maximum floor area of the accessory use shall be no more than 25% of the total floor area of the dwelling unit and in no event more than 500 square feet of the floor area.

(g) Home occupation (accessory use).

[1] The home shall be the actual place of residence of the person conducting the home occupation. The home occupation may be allowed in an accessory building if all yard requirements are met for said accessory building.

[2] The applicant shall provide an affidavit setting forth the scope of operations proposed.

[3] There shall be no more than one home occupation per residential building and no more than two employees may be permitted.

[4] The Planning Board shall make appropriate findings with respect to locations, intensity of use, parking and any other factors that may affect neighboring properties.

[5] Size and storage. The use, including related storage, must be located in and may occupy no more than 25% of the habitable floor area of the existing principal residence or no more than 500 square feet in the principal residence.

[6] The home occupation shall not involve the outdoor display of any materials or goods.

[7] Off-street parking, if needed by the occupation, shall be provided on site within the existing driveway area, shown on a site plan, and shall be adequately screened from neighboring properties as directed by the AHRB so as not to adversely affect neighborhood character.

[8] The home occupation shall not involve the on-site use or storage of any commercial vehicles or construction equipment or mechanical equipment except for one vehicle not over 6,000 pounds.

[9] The applicant shall demonstrate that there will be no noise, odor, smoke, glare or vibration beyond the property line. The Planning Board may require specific performance standards to limit impacts to adjacent properties with regards to air quality, noise, visual impact, sewers, emissions, and any other pollution standards that may be applicable to the use of such home occupation.

[10] No manufacturing or assembly shall be permitted using other than manually operated equipment.

[11] Any existing home occupation which came into lawful existence on or before May 24, 1988, shall be deemed a valid nonconforming use and shall be exempt from any permit requirements to maintain its status as a nonconforming use.

[12] The lawful use of any premises as a home occupation existing on or before May 24, 1988, shall be continued although neither such use nor bulk conforms to the current regulations. Normal maintenance and repair of premises used as a nonconforming home occupation shall be permitted if it does not extend the area of or the intensity of such use.

(h) Parking, structured above grade. Above-grade parking structures shall be designed as follows:

[1] A minimum of 40% of the exterior surface area of the garage facing public streets shall be clad in decorative materials such as brick, stone, wood trim or other materials as approved by the AHRB in lieu of bare structural concrete or masonry.

[2] Openings in the facades facing public streets, other than entry and exit points, shall be screened with decorative metal gates, fences, latticework, ivy wall or similar element as approved by the AHRB.

[3] In addition to any other perimeter landscaping used or required, trees shall be planted at regular intervals to align with openings in the structure along facades facing a public street.

[4] All parking and security lighting shall be provided from fully shielded, downward-facing lamps which direct the light only into the immediate parking areas as required for use.

(i) Parking, structured at grade. At-grade parking located within the footprint area of the ground floor of a building shall be designed with all of the exterior features required of an above-grade parking structure, and;

[Added 6-10-2014 by L.L. No. 5-2014[3]]

[1] No at-grade parking areas may directly abut or be adjacent to public sidewalk areas of Main Street. Any such at-grade parking must be separated from the adjacent Main Street sidewalk by an enclosed commercial space. The Planning Board may grant exceptions in this separation as necessary to provide occasional access points from the public way to the parking.

[3] Editor's Note: This local law also redesignated former Subsection G(4)(i) through (l) as Subsection G(4)(j) through (m), respectively.

(j) Pet grooming. Pet grooming operations shall be limited to indoor operations only.

(k) Restaurant, bar or tavern with outdoor seating. Outdoor seating or bar areas in the H3 District shall only be permitted in the front or side yard areas, and shall be screened from any adjacent residential districts with the effective use of landscaping, fences and other methods as directed by the AHRB. Live or recorded music made available for outdoor enjoyment shall be turned off between the hours of 10:00 p.m. and 9:00 a.m.

(l) Telecommunications towers. See specific requirements of Chapter 251.

(m) Veterinary services. Where on-site boarding services are permitted, all animals shall be kept indoors between the hours of 8:00 p.m. and 8:00 a.m.

(n) Businesses on properties within the H1, H2, H3 and H4 zoning districts which had drive-through windows legally in existence at the time of adoption of the New City Hamlet Center Zoning shall be permitted to operate with drive­through windows regardless of whether the business has ceased to operate for longer than a year. In order to operate with a drive-through window, the business must be of the same use as that in operation at the time of the adoption of the New City Hamlet Zoning.

[Added 12-19-2019 by L.L. No. 15-2019]

(o) Restaurant, with drive-through. Restaurants with drive-throughs in the H-4 zone require sites with a minimum size of five acres. Drive-through establishments shall be positioned within the interior of portions of sites and have sufficient space for queuing so as not to interfere with pedestrian or vehicular circulation throughout the site and adjacent drive aisles and streets.

[Added 7-18-2023 by L.L. No. 7-2023]

H. Design requirements for H1, H2, H3 and H4 Districts.

(1) Purpose and intent. In order to promote future growth and development which is in keeping with the goals of the New City Vision Plan and the Town of Clarkstown Comprehensive Plan, future redevelopment in these districts shall comply with specific design standards and guidelines which govern site planning, parking, landscaping, signs, lighting, and architectural design. These standards and guidelines are included in § 290-7.5I through M, as follows:

(a) Parking standards. All parking for new construction or modified site plans shall comply with the standards set forth in § 290-7.5I.

(b) Landscaping standards. All landscaping shall comply with the standards set forth in § 290-7.5J.

(c) Sign standards. All new or revised exterior signage signs shall comply with the standards set forth in § 290-7.5K. Additionally, all signs existing prior to the date of adoption of this code shall be brought into conformity by September 1, 2012.

(d) Exterior lighting standards. All exterior lighting for new construction and exterior renovations shall comply with the standards set forth in § 290-7.5L.

(e) Architectural design guidelines. The architectural character, design elements and site planning of all new construction and exterior renovations shall comply with the guidelines set forth in § 290-7.5M.

(f) Utilities. Utility services for new buildings shall be provided underground; in no instance shall new utility poles be added to provide service. Any relocated utility poles for electric, cable and telephone shall not exceed 50 feet in height and shall be located in the rear lot area wherever possible.

I. Parking standards.

(1) Intent and goals.

(a) To encourage the reconfiguration and improvement of existing parking areas with new landscaping, design treatments and screening to improve the overall look and economic attractiveness of the Hamlet.

(b) To ensure adequate parking is available within the Hamlet while reducing the total amount of impervious asphalt parking surfaces which generate stormwater runoff.

(c) To encourage a migration of parking areas to the sides or rear of buildings, and reduce their presence and visibility along the street and reduce the number of curb cuts to improve traffic and pedestrian safety.

(d) To encourage the creation of shared parking arrangements which take advantage of staggered parking demands and more efficient parking layouts.

(e) To work in cooperation with other zoning changes that encourage more emphasis on building placement and pedestrian-friendly streetscapes.

(f) To allow for flexibility in application of design standards so as to advance the goal of the revitalization of the Hamlet.

(2) Applicability. These parking requirements apply to all new construction within the H1, H2, H3 and H4 Districts. These parking requirements shall also apply to any existing use which has been expanded, changed in use or otherwise modified requiring a site plan review. For such properties, off-street parking, loading space and landscaping shall be provided in accordance with the minimum standards set forth in this section.

(a) These parking requirements shall not apply to new or existing single-family residential uses, or preexisting conforming parking areas and their uses which remain unchanged or unaltered.

(b) Except as otherwise specified or amended within this chapter, the regulations of Town Code Chapter 200, Parking, and Chapter 240, Shopping Center Parking, shall apply.

(c) The requirements of this section supersede the specific provisions of § 290-24 and § 290-26.

(3) Minimum number of required parking spaces. The minimum number of parking spaces which shall be provided are calculated using Table I-1: Parking Requirements. Adjustments to the minimum number of parking spaces may be made as specified in § 290-7.5I(11).

(a) Insufficient parking. Any existing property which proposes an expansion, or change in use which requires more parking, shall be required to recalculate the total number of parking spaces required, along with the number of existing spaces located on site, and submit this information with their application to the Town. If the number of required parking spaces is determined by the Building Inspector to exceed the existing number of spaces, the application shall be referred to the Planning Board for review. The Planning Board may accept one or more of the following solutions as meeting the parking requirement:

[1] Additional parking spaces be provided on site or through an acceptable shared parking arrangement;

[2] Reductions in the size of any proposed expansion;

[3] Reductions in the size or intensity of the proposed use change, including but not limited to a denial of the change of use.

(b) The applicant shall attempt to meet his/her minimum parking requirements by adding additional spaces on site and/or through a shared parking arrangement prior to seeking a variance for any insufficient parking.

(c) The Planning Board is authorized to require that additional parking spaces be provided on site if, in their determination, the required minimum number of spaces is insufficient to meet the needs of the property or use.

(4) Maximum number of required parking spaces. The Planning Board is authorized to limit or reconfigure the number of existing or proposed parking spaces if they are in excess of 200% of the minimum required and the Board determines that the added parking would unnecessarily create impervious surface area which collects stormwater. In its review, the Planning Board may require one or more of the following:

(a) That preexisting spaces no longer needed by a proposed use be removed and reclaimed as landscaped islands, rain gardens, medians or buffers if no longer needed;

(b) That excess parking be held in future reserve;

(c) That excess parking be configured as public parking which is designed and designated with signage as specifically available for use by the general public as a shared parking area for adjacent or nearby properties. Such public parking area should be no less than eight spaces, and must be made accessible to adjacent or nearby properties via a direct connection with sidewalks, crosswalks or other pedestrian access paths as approved by the Planning Board;

(d) That excess parking spaces and their associated travel lanes be constructed of pervious paving surfaces in lieu of traditional impervious asphalt or concrete. In making its determination, the Planning Board should not consider structured parking provided within the footprint of a building, underground or in a parking deck as creating unnecessary impervious surface area.

(5) General provisions. When the calculation yields a fractional number of required spaces, the number of spaces shall be rounded up to the nearest whole number.

[Amended 7-18-2023 by L.L. No. 7-2023]

Table I-1 Parking Requirements
			Required Parking Spaces
Uses			Minimum	See Note No.
RESIDENTIAL
		Two-family residence	1.5 per dwelling unit	3
		Single-family semiattached residence	1.5 per dwelling unit	3
		Multifamily residence (1 bedroom)	1.5 per dwelling unit	3
		Multifamily residence (2 bedroom)	2 per dwelling unit	3
		Multifamily residence (3+ bedroom units)	2 per dwelling unit	3
		Senior citizen housing		See § 290-17O(B)(2)(m)
COMMERCIAL
	Civic/Recreation
		Assembly or auditorium, indoor	1 for every 4 seats
		Assembly or amphitheatre, outdoor	1 for every 4 seats
		Club	1 for every 2 seats (or) 3 per 1,000 gross square feet	4
		Club, outdoor	2 per 1,000 gross square feet
		Commercial amusement	1 for each separate game table/lane (or) 2 per 1,000 gross square feet	4
		Cultural center	2.5 per 1,000 gross square feet
		Public facility, safety or government office	3 per 1,000 gross square feet
		Religious facility	1 for every 4 seats
	Medical
		Agency boarding home	1 for every 3 beds
		Agency community residence	1 for every 3 beds
		Convalescent home	1 for every 4 beds
		Hospital or clinic, inpatient	1.5 per bed
		Hospital or clinic, outpatient	4 per 1,000 gross square feet
		Nursing home	1 for every 3 beds
		Veterinary services	3 per 1,000 gross square feet
	Restaurant
		Bar or tavern	10 per 1,000 gross square feet	2
		Restaurant	9 per 1,000 gross square feet	2
		Restaurant, with drive-through	8 per 1,000 gross square feet	1, 2
	Retail
		Automotive sales, new or used, enclosed	2 per 1,000 gross square feet
		General retail, less than 5,000 square feet	3.5 per 1,000 gross square feet
		General retail, 5,000 square feet to 10,000 square feet	3.2 per 1,000 gross square feet
		General retail, 10,000 square feet or more	3 per 1,000 gross square feet
		Landscaping/gardening sales, outdoor	3 per 1,000 gross square feet
	School
		Child day-care center	1 per 10 students
		Nursery school	1 per 10 students
		School	1 per 6 students
	Services
		Automotive service	2 for each service bay
		Bank	4 per 1,000 gross square feet
		Bank, with drive through	3 per 1,000 gross square feet	1
		Bed-and-breakfast or inn	2 plus 1 for each room
		Funeral home	1 for every 4 seats
		Gasoline station	1 per pump	1
		Hotel	2 plus 1 for each room
		Laundromat	3 per 1,000 square feet
		Light repair and maintenance services	2.5 per 1,000 gross square feet
		Personal care	3.5 per 1,000 gross square feet
		Pet grooming	3 per 1,000 gross square feet
		Professional office	4 per 1,000 gross square feet
	Shopping Center
		Shopping center on less than 2 acres of land	Shall be based on individual uses as listed in this table
		Shopping center on 2 acres or more of land	1 per 300 gross square feet for all nonresidential conforming uses	5
	Miscellaneous
		Public transit passenger station
		Public utility substation	n/a
		Public utility right-of-way	n/a

NOTES:
1	Pertains to preexisting uses only. New uses of this type are not permitted.
2	Outdoor seating/dining areas shall be calculated at a fifty-percent reduction for the purposes of determining parking needs.
3	Preexisting commercial properties in the H2 District which are converted to become mixed-use commercial and residential properties shall only be required to provide the additional parking needed for the new residential dwelling units added. Such properties shall not be required to bring their commercial parking spaces into conformance as part of the conversion.
4	In cases where two measurement methods are listed, the one which results in the higher number of parking spaces shall be used.
5	For shopping center sites, credits for staggered hours shall be taken into account in determining the number of required off-street parking spaces, with all nonresidential conforming uses treated as either "Retail/Commercial" or "Office" (as appropriate) for purposes of Table I-4.

(6) Parking dimensions.

Table I-2 Parking Dimensional Standards
	Parking Space Dimensions
Angle of Parking	Length	Width (feet)	Depth from Curb (feet)	Minimum Travel Aisle Width (feet)
0° (parallel to curb)	22 feet	9	9	12
45°	20 feet 6 inches	9	16	15
60°	21 feet 6 inches	9	19	18
90°	18 feet	9	18	24

NOTES:

All dead-end aisles shall be extended at least five feet beyond the last parking space to permit egress from such spaces.

(7) Parking arrangement.

(a) Off street parking areas are only permitted within the allowed parking areas delineated by the parking setbacks for each neighborhood district, listed in § 290-7.5E(1), Area, Bulk and Density Requirements Table.

(b) No parking area is permitted in the front yard(s) between the facade of the building and the front property line(s), nor permitted to extend closer to the street than the minimum front building setback.

(c) Parking areas must be landscaped as per the requirements of § 290-7.5I(12) below.

(d) Parking lot areas must be designed in regular, rectangular shapes which efficiently minimize the amount of impervious surface area. Irregular wedge-shaped parking areas that create very wide aisles or excess pavement are discouraged.

(e) In order to reduce vehicle movements onto primary streets and increase public safety, the Planning Board may require new or redeveloped parking lots to link with adjacent parking lots or provide shared parking areas which can serve neighboring buildings simultaneously.

(8) Access. Unobstructed access to and from a public street shall be provided. New development or redevelopment is permitted one curb-cut driveway per property from the main road. Such access shall consist of at least one twelve-foot-wide lane for parking areas with less than 20 spaces or two twelve-foot-wide lanes for parking areas with 20 or more spaces. Curb cuts should only be as wide as necessary to accommodate needed lanes. Curb radiuses should be kept to a minimum.

(a) Secondary driveways or additional curb cuts may be permitted on larger projects when warranted for traffic considerations, with approval from the Planning Board.

(b) Curb cuts which cross over public sidewalks shall be designed so that the sidewalk surface is continued uninterrupted across the width of the driveway.

(c) No entrance or exit for any off-street parking area with over 20 parking spaces or any loading berth shall be located within 50 feet of the intersection of any two street lines.

(d) Curb cuts on state or county highways must also comply with the width requirements of those agencies and the New York State Fire Prevention Code.

(9) Off-street loading docks and dumpsters.

(a) Loading docks, dumpsters, garage doors and similar vehicular service elements shall be located at the rear of the building and not visible from the street, and shall be shielded from view with the use of materials which match or complement the exterior of the building and/or landscaping as directed by the AHRB.

(b) If a property cannot accommodate a loading dock/service area which is adequately screened from view, the Planning Board may alternately require a dedicated loading zone elsewhere for deliveries. Such loading zone may be limited to certain hours of operation, shared with nearby facilities, and/or overlap with public parking spaces during off-peak hours.

(10) Drainage and surfacing. All open parking areas shall be properly drained, and all such areas shall be provided with a dustless surface. Open parking areas shall be paved with a hard-top surface upon a suitable subgrade and of highway materials which have been proven satisfactory within the Town. The base shall be properly drained and suitably constructed to support the contemplated traffic load.

(11) Reductions to the minimum required parking. The Planning Board may permit a reduction in the number of required off-street parking spaces through an arrangement of shared parking, staggered parking and/or a demand reduction as follows:

(a) Shared parking. Two or more adjacent property owners who merge or connect their parking areas into a common shared lot may qualify for a number of parking space credits to be applied toward meeting their minimum number, as shown in Table I-3: Shared Parking Space Credits. This table is used to determine the number of parking spaces which may be credited toward each use for creating new shared parking arrangements. Any credited spaces can be counted toward the total sum of the combined parking area to meet their cumulative minimum parking requirements.

[1] In order to qualify for any shared parking credits, the individual parking areas must be physically configured, merged or otherwise directly connected, as approved by the Planning Board, with a majority of the parking spaces being unreserved. The Town Attorney may determine if a shared maintenance agreement would be required in order to qualify for the credits.

[2] Property owners who are interested in reconfiguring their parking or creating such shared arrangements shall obtain Planning Board approval in order to qualify for any parking space credits. Shared parking proposals should, at a minimum, include site plans (drawn to scale) of both existing and proposed conditions, site photographs and an aerial photo for consideration.

[3] The Planning Board may recommend or require alterations to the proposed site plan, including but not limited to one-way circulation routes, "enter-only driveways," trees to be saved, modification of accessways, elimination of curb cuts, or similar provisions.

[4] Any new shared parking area(s) created must be located along the side or rear of a property in keeping with the zoning requirements for parking setbacks; however, preexisting front yard parking spaces may be counted as part of a shared arrangement. Approved shared parking areas are not required to meet the side and rear yard setbacks as needed to connect or merge their parking areas over two or more properties.

[5] Shared parking needs and their credits are calculated as cumulative totals for all participating properties that participate in a shared parking arrangement.

[6] Reconfigured or otherwise connected parking lot designs are not required to result in a net increase in the total number of physical spaces to be eligible for shared parking credits.

[7] Any credits given for consolidated curb cuts or shared driveways are applied only to the properties fronting on that street who would share the common drive. In order for the credit to be applied, the Planning Board may require that the number of curb cuts on that street serving the participating properties be reduced.

[8] Shared parking credits may be combined with staggered hours parking and demand reductions to determine total parking needs.

[9] Properties which successfully reconfigure their parking and access to meet the minimum parking requirements with the approval of the Planning Board shall be considered conforming.

[10] Design alternatives which include consolidation of parking areas and driveways so that one or more driveways/curb cuts are eliminated are preferred.

[11] Parking areas and curb cuts which were previously consolidated as part of the New City Revitalization Capital Project shall be considered as qualifying for these credits.

Table I-3 Shared Parking Space Credits
Total Number of Shared Parking Spaces	Total Number of Parking Credits
	2 Properties Shared	3 Properties Shared	4 or More Properties Shared
Less than 10	0	0	0
10 to 19	1	2	3
20 to 29	2	3	4
30 to 39	3	4	5
40 to 49	4	5	6
50 or more	5	6	7
Curb cut eliminated	Plus 1 space credit for each curb cut eliminated/shared between properties

NOTES:

Shared parking with more than 50 spaces shall be pro rated with one additional parking credit for each 10 additional parking spaces.

EXAMPLE: Shared Parking

In the example on the following page (Figure I-1),[4] there are four commercial properties adjacent to each other, none of which currently have enough parking to meet the minimum requirements.

Figures I-2 and I-3[5] show how these properties could merge their parking lots into a larger lot in the rear and eliminate curb cuts. The creation of this merged parking allows the businesses to potentially gain parking spaces with a more efficient layout, and also gain parking space credits for sharing their parking. With sufficient credits, these properties could be considered as meeting the minimum parking requirements.

Note that these improvements also allow the businesses to eliminate the parking in their front yard, which can then be landscaped instead to improve the appearance of the business.

[4] Editor’s Note: Figure I-1 is included at the end of this chapter.

[5] Editor’s Note: Figures I-2 and I-3 are included at the end of this chapter.

(b) Staggered hours parking. Multiple property owners who merge their parking areas into a common shared lot, or new mixed-use developments, may qualify for an overall reduction in the number of parking spaces they are required to provide. This reduction is based on uses which have staggered demand schedules over the course of a typical day, allowing the same parking area to serve multiple uses.

[1] The table below, Table I-4: Sample Adjustments for Staggered Hours Parking,[6] may be used to estimate allowable reductions in the number of parking spaces needed for each use over the course of a typical day. The percentages shown are applied against the normally required number of parking spaces for each use during different times of the day. The number of spaces needed for all the uses is then added together for each time period. Their highest combined total of all the uses then becomes the adjusted minimum demand for that parking lot.

[6] Editor’s Note: Table I-4 is included at the end of this chapter.

[2] In order to qualify for any staggered parking credits, the staggered parking arrangement must be approved by the Planning Board.

[3] Property owners who are interested in reconfiguring their parking or creating such shared arrangements shall obtain Planning Board approval in order to qualify for any staggered hours parking credits. Staggered hours parking proposals should, at a minimum, include site plans (drawn to scale) of both existing and proposed conditions, proposed uses and their associated demand calculations for consideration.

[4] These calculations must be included with any request submitted to the Planning Board for a reduction in the minimum parking requirements. The Planning Board may deny a reduction request, or may use modified percentages than those shown in Table I-4, to address project or site-specific concerns as deemed necessary.

[5] The adjusted number of parking spaces calculated is a minimum. The Planning Board may require higher numbers based on specific characteristics of the site, proposed uses or potential future uses.

[6] Staggered hours parking is calculated as totals for all participating properties and uses that agree to the shared parking arrangement.

[7] Any reduction in the minimum number of parking spaces permitted only applies to the properties and/or uses agreeing to the shared parking arrangement.

[8] Staggered hours parking may be combined with shared parking credits and demand reductions to determine total parking needs.

[9] The Planning Board may recommend or require alterations to the proposed site plan, including but not limited to new landscaping or screening, reconfigured parking arrangements, relocated signage or trees to be saved.

[10] Properties which successfully reconfigure their parking and access to meet the minimum parking requirements with the approval of the Planning Board shall be considered conforming.

(c) Demand reductions. Applicants may request that the minimum number of required off-street parking spaces be reduced for their use if they can clearly demonstrate, to the judgment of the Planning Board, that their particular business does not actually warrant the amount of parking spaces required during normal day-to-day operations. Such demonstrations should include data from prior business periods, such as peak-hour sales counts or similar activity information to illustrate actual needs. Parking requirements for professional offices and similar establishments may be reduced by Planning Board review if it can be demonstrated that a sufficient number of employees would be carpooling, traveling, working from home or otherwise away from the office during a typical work week.

(12) Parking lot landscaping. The following landscaping provisions are intended to assist the Town and property owners as guidelines for the successful redesign of their parking areas to create attractive commercial redevelopment within the Town, while allowing for creative flexibility to meet parking needs on sites which may be constrained due to size or configuration. In such cases where a property is proposed for improvement in a manner that advances the purposes of this chapter, the Architectural Historic Review Board is authorized to utilize some flexibility in the requirements to reach a balance between space constraints, parking needs and overall aesthetic improvements to the hamlet. As such, elements designated with "shall" are considered required, whereas elements designated with "should" are considered recommended wherever space constraints allow.

[Amended 6-28-2016 by L.L. No. 8-2016]

(a) Front yard parking buffer. All parking areas abutting a public street or right-of-way should provide a minimum landscaped buffer of 10 feet along that frontage, as illustrated by Item A in Figure I-4.[7] This buffer should consist of landscaping such as shrubbery, hedges, trees, decorative walls or fences, planter boxes or a raised landscaped berm which creates a minimum three-foot-high visual screen as deemed appropriate by the AHRB. This buffer does not apply to internal driveways or site access roads on the property.

[7] Editor’s Note: Figure I-4 is included at the end of this chapter.

(b) Front yard perimeter islands. All parking areas abutting a public street or right-of-way should provide landscaped perimeter islands along that frontage, as illustrated by Item B in Figure I-4. Perimeter islands should be provided along that frontage so that there are not more than 12 parking spaces in a row, arranged as needed to break up the spaces into regular groupings. These landscaped perimeter islands should be equal to the depth of the parking spaces, a minimum of two parking spaces in width and include at least one tree with shrubs, flowers or other plantings such that not more than 50% of the island is covered by lawn or groundcover such as mulch.

(c) Perimeter islands at end of rows. A landscaped island should be located at the end of any perimeter parking row which abuts a traveled lane, as illustrated by Item C in Figure I-4. Such perimeter island shall be equal to the depth of the parking space, should be a minimum of nine feet wide and include at least one tree with shrubs, flowers or other plantings such that not more than 50% of the island is covered by lawn or groundcover such as mulch.

(d) Side yard landscaping buffer. All parking areas abutting a side yard commercial property line should provide a minimum landscaped buffer of five feet, as illustrated by Item D in Figure I-4. Such buffer may include lawn, shrubbery, trees or existing vegetation. A side yard landscaping buffer is not required at locations where a travel lane may link to a parking lot on an adjacent property, or where two parking lots on adjacent commercial properties are shared or merged. For side yards abutting residential properties, see Subsection I(12)(h) below.

(e) Internal landscaped islands. Internal parking rows should provide landscaped islands at either end of the rows, as illustrated by Item E in Figure I-4. Such landscaped islands shall be at least nine feet wide and the depth of the rows, or of equivalent size if an irregular shape is necessary. Such islands should include at least two trees with shrubs, flowers or other plantings such that not more than 50% of the island is covered by lawn or groundcover such as mulch. Internal and intermediate landscaped islands should be a combined total of at least 3% to 5% of the total paved area used for parking and driveways on the property, where possible.

(f) Intermediate landscaped islands. Internal parking rows should provide intermediate landscaped islands, as illustrated by Item F in Figure I-4. Intermediate landscaped islands should be provided so that there are not more than 12 rows of parking in a row, arranged as needed to break up the spaces into regular groupings. Such intermediate landscaped islands shall be at least nine feet wide and the depth of the rows. Such islands should include at least two trees with shrubs, flowers or other plantings such that not more than 50% of the island is covered by lawn or groundcover such as mulch. Internal and intermediate landscaped islands should be a combined total of at least 3% to 5% of the total paved area used for parking and driveways on the property, where possible.

(g) Building perimeter. Parking areas should provide a minimum of five feet of buffer distance from the face of any building for landscaping or pedestrian walkways, as illustrated by Item G in Figure I-4.

(h) Residential buffers. Parking areas adjacent to a residential district with a residential use shall provide landscaped buffers according to their proximity to the residential property line, as follows:

[1] Parking areas greater than 30 feet from the property line, as illustrated by Item I in Figure I-4: a mix of trees, hedges, shrubs and other vegetation, with no more than 50% being deciduous, which creates a continuous vegetative screen a minimum of six feet in height, planted at staggered intervals so as to achieve visual screening of 90% within five years of planting. Existing vegetation or fences may count toward meeting this buffer requirement, with AHRB approval.

[2] Parking areas less than 30 feet from the property line, as illustrated by Item H in Figure I-4: a mix of trees, hedges, shrubs and other vegetation, with no more than 30% being deciduous, which creates a continuous vegetative screen a minimum of six feet in height, planted at staggered intervals so as to achieve visual screening of 90% within five years of planting; and a continuous opaque fence no less than five feet in height composed of finished painted wood or similar materials and designed as approved by the AHRB; and the parking area can be no closer than 10 feet from the residential property line. Existing vegetation or fences may count toward meeting this buffer requirement, with AHRB approval.

(i) Additional internal landscaped island designs.

[1] Large parking lots with multiple travel aisles may be required to provide at least one or more parking island with a landscaped central median to break up the parking lot, space permitting, as illustrated by Item A in Figure I-5.[8]

[8] Editor’s Note: Figure I-5 is included at the end of this chapter.

[2] Commercial shopping center buildings which are located more than 200 feet from the road may be required to provide at least one or more parking islands with a central median pedestrian path which connects the public sidewalk to the building, space permitting, similar to Item B in Figure I-5. Alternately, this island should also include trees and other landscaping within the central median, as illustrated by Item C in Figure I-5, and Figure I-6.[9]

[9] Editor’s Note: Figure I-6 is included at the end of this chapter.

(j) To provide for design flexibility in layout and travel lanes, some required landscaped islands may be relocated or consolidated elsewhere within the internal parking field with AHRB approval, provided the overall landscaped island area meets or exceeds the required total.

(k) All parking areas should be adequately screened from the road or adjacent properties with landscaping in accordance with this section or as otherwise directed by the AHRB.

(l) All new parking lots should be broken up into clusters separated by meaningful landscaped areas to provide adequate visual relief and sun shading, as directed by the AHRB. Narrow strips of grass or plantings less than six feet in width should be kept to a minimum.

(m) Existing vegetation which can be reasonably preserved or incorporated into parking area design should be retained whenever possible. The AHRB may require any existing trees or shrubs to remain and be incorporated into the parking lot design as internal or perimeter landscaping buffers. Existing landscaping, including trees or fences already present on the property or adjacent properties, may be counted toward meeting these landscaping and buffering requirements at the discretion of the AHRB.

(n) Areas for parking lot snow storage shall be indicated on all proposed site plans, grading plans and landscaping plans. Proposed snow storage space shall be located on pavement or perimeter landscaped areas wherever possible, and designed in a manner to minimize damage to any proposed landscaping.

(o) For other landscaping requirements not directly associated with parking areas, see § 290-7.5J.

(13) Level 1 and Level 2 electric vehicle charging stations are permitted pursuant to § 290-22C.

[Added 7-18-2017 by L.L. No. 7-2017]

J. Landscaping standards.

(1) Applicability and approvals. The following minimum landscape requirements are applicable to all new or redeveloped commercial and multifamily residential development within the H1, H2, H3 and H4 Districts which require site plan review and approval.

(a) See § 290-7.5I(12) for specific landscaping requirements pertaining to parking lots.

(2) General requirements. These requirements pertain to the minimum area of greenspace and the types of required on-site landscaping for the site. "Greenspace" is herein defined as areas covered by vegetation meeting the landscape requirements set out in this section which are free from built structures, parking lots, loading areas and similar impervious surfaces.

(a) All greenspace areas shall be covered by the following:

[1] Native vegetation; or

[2] Trees, shrubbery, nursery plants with appropriate mulch; or

[3] Any combination of the above.

[4] Sod, lawn, or other variety of ground cover in combination with any of the above.

(b) All landscaping shall be installed in accordance with the landscaping plan as approved by the AHRB prior to issuance of a certificate of occupancy and shall be installed in accordance with accepted landscape practices within the area. In instances where conditions do not permit immediate planting, the applicant may be required to post a performance bond, or in lieu thereof, sufficient monies to ensure later compliance.

(c) All landscaping shown on an approved site plan or landscaping plan shall be maintained in a vigorous growing condition throughout the duration of the use, and plants not so maintained shall be replaced with new plants at the beginning of the next growing season.

(d) Landscaping and buffer requirements in this section may be met by utilizing existing vegetation, where possible, with approval from the AHRB.

(3) Front yard landscaping requirements. Front yard landscaping is intended to provide visual relief as well as visual interest along roadways and other public rights-of-way.

(a) For front yard areas with a facade setback in excess of 15 feet, the landscaping shall include a mix of evergreens, deciduous trees and shrubs, lawn areas and perennial/annual beds as follows:

[1] There shall be a minimum of one shade tree, with additional trees every 30 feet along that frontage.

[2] There shall be a minimum of one shrub per five linear feet of lot frontage.

[3] Remaining landscaped areas shall be lawn or other approved treatment.

[4] Required trees and shrubs may be located and organized in a fashion most appropriate to the site, as approved by the AHRB.

(b) For front yard areas with a facade setback less than 15 feet, but greater than zero, the landscaping shall include a mix of evergreens, deciduous trees or shrubs, lawn areas and perennial/annual beds as follows:

[1] There shall be a minimum of one shrub per five linear feet of lot frontage.

[2] Remaining landscaped areas shall be lawn or other approved treatment.

[3] Required trees and shrubs may be located and organized in a fashion most appropriate to the site, as approved by the AHRB.

(c) For front yard areas with no discernable facade setback, the landscaping may include planters or flower boxes as approved or required by the AHRB.

(4) Landscaping plan requirements. The landscape plan shall be consistent with the site plan and architectural plans for the project and, in general, shall provide the AHRB with a clear understanding of the character and scope of the landscape program. The landscape plan shall include:

(a) A construction limit line indicating the proposed boundaries of all site disturbance.

(b) The location, size, description and number of any existing trees with a six-inch or greater caliper within the construction limit line.

(c) The location, type, size, height, botanical name and reference number for all proposed landscaping materials.

(d) The location of all proposed hardscape features or amenities such as parking lots, sidewalks, crosswalks, benches, fountains, lighting, trash receptacles and structures.

(e) A demolition or removal plan indicating any site features proposed to be removed, including trees or bushes, fences within the construction limit line, including a description of protection mechanisms such as fences and hay bales for features to remain.

(f) Any proposed sprinkler system or irrigation plan.

(g) Any other information deemed necessary by the AHRB.

K. Sign standards.

(1) General.

(a) All applicable provisions of Town Code Chapter 243, Signs, apply, except as otherwise specified in this section. In the event of a conflict between this chapter and Chapter 243, this chapter shall prevail. Any specifics not covered in this section are governed by Chapter 243.

(b) The provisions of this section apply to all new signs or preexisting signs which are being altered, changed in copy, mounting or a change of occupancy or use to the premises or any existing structure that undergoes significant facade changes as determined by the AHRB within the New City Hamlet Center Overlay District. Preexisting signs, facade lettering, lighting and street numbers which are nonconforming to the provisions of these standards must be removed, or brought into compliance, by September 1, 2012. All new signs, facade lettering and lighting must be approved by the AHRB.

(2) Prohibited signs.

(a) Cabinet, "box" signs or otherwise hollow signs and letters designed to be internally illuminated (e.g., Figure K-2[10]) are prohibited unless they are directly illuminated and designed in accordance with the requirements of § 290-7.5K(6)(b) (e.g., Figure K-3[11]).

[10] Editor’s Note: Figure K-2 is included at the end of this chapter.

[11] Editor’s Note: Figure K-3 is included at the end of this chapter.

(b) Freestanding monument signs identifying more than one business name.

(c) Freestanding monument signs identifying a single business structure which is less than 80 feet from the road, except for preexisting signs meeting the requirements of § 290-7.5K(3)(b)[2] of this section.

(d) Laser-light, pulsing, flashing or LED (light-emitting diode) signs.

(e) Portable advertising signs, vehicle signs, sign trailers, signs on wheels or vehicles with signage parked for the sole purposes of acting as off-premises advertising.

(f) Banners, pennants, streamers, balloons, blimps and similar advertising devices are prohibited. Banners designed as an integral part of street lamp posts or stretched across the public roadway may be permitted by special permit to announce events such as festivals or parades.

(g) Neon or neon-like signs.

(h) Animated, moving, rotating, oscillating, electronic reader board, such as "time and temperature" signs or otherwise changing signs are prohibited, excluding traditional barber shop poles used for said business.

(i) Sandwich board, or other similar freestanding signs (e.g., Figure K-4[12]).

[12] Editor’s Note: Figure K-4 is included at the end of this chapter.

(j) All signs prohibited in Chapter 243 are prohibited under this section.

(3) Permitted signs. No sign shall be permitted except as specified within this section. All signs and lettering sizes are determined by their distance from the road, as illustrated in Table K-2 and Figure K-1.

(a) Facade signs.

[1] Channel lettering or wall sign. Commercial properties are permitted one instance of surface-applied channel lettering (e.g., Figure K-5[13]) or a surface-mounted wall sign (e.g., Figure K-6[14]) per commercial tenant with approval from the AHRB.

[a] Surface-applied channel lettering must consist of individual letters or symbols which are each independently secured to the facade without any additional framework. Channel lettering and signs should not include any brackets or similar mounting devices which are readily visible (e.g., Figure K-7[15]).

[15] Editor’s Note: Figure K-7 is included at the end of this chapter.

[b] Surface-applied channel lettering which is framed by the architectural features of the facade is preferred to other signs and should be utilized whenever appropriate (e.g., Figure K-5).

[c] New commercial construction is required to design the front facade specifically to accommodate an area or areas for applied channel lettering or surface-mounted wall signs. The applied channel lettering or wall sign should be framed by the architecture of the facade itself whenever possible. Areas of the facade specifically designed for signs should be sized roughly according to the guidelines explained in § 290-7.5K(4), Sign design, sizing and colors, below. Flexibility in the length of this area is permitted to allow businesses with longer names to later replace businesses with shorter names.

[d] Commercial properties located at corner intersections are permitted one additional instance of applied channel lettering or surface-mounted wall sign for the second facade facing a public road or right-of-way, with approval from the AHRB.

[13] Editor’s Note: Figure K-5 is included at the end of this chapter.

[14] Editor’s Note: Figure K-6 is included at the end of this chapter.

[2] Window sign. In lieu of channel lettering or a wall sign on the facade, businesses are permitted a window sign or signs which are displayed behind the ground floor storefront glass, with approval from the AHRB (e.g., Figure K-8[16]). The total area of any window signs may not exceed 20% of the area of the window it is within. Window signs shall include both permanent and temporary signs, posters, notices, advertisements, window lettering and similar information and shall all be counted toward the total amount of window sign area. Common window signs which simply state hours of operation or street address shall not be counted against the window sign area.

[16] Editor’s Note: Figure K-8 is included at the end of this chapter.

[3] Projecting sign. In lieu of channel lettering or a wall sign on the facade, businesses are permitted one projecting sign hung perpendicular to the building facade with approval from the AHRB (e.g., Figure K-9[17]). Projecting signs shall be no larger than five square feet per side, no more than six inches thick, and with a minimum clearance of eight feet below, hung over the building entry.

[a] Businesses with a preexisting projecting sign in place at the date of adoption of this section are permitted to maintain a projecting sign in addition to any other permitted signs.

[17] Editor’s Note: Figure K-9 is included at the end of this chapter.

[4] Hanging sign. Businesses located under a multitenant covered walkway galleria area such as those in a shopping plaza are permitted to have one hanging sign in addition to any other permitted signs. Such signs shall be suspended from the ceiling of the covered galleria in front of the business, hung perpendicular to the facade, no larger than four square feet per side and with a minimum clearance of eight feet below, with approval from the AHRB.

[5] Plaque sign. In addition to any other permitted sign, businesses which share a common front door are permitted one surface-mounted plaque sign per tenant, which is no larger than one square foot in area, located near the primary building entry with approval from the AHRB. An additional one square foot of plaque sign may be permitted to accommodate street address information and/or official building name. Individual tenant plaque signs may be designed as a single panel or should be designed in matching style, though no more than three tenant plaque signs are permitted at a given entryway (e.g., Figure K-10[18]).

[18] Editor’s Note: Figure K-10 is included at the end of this chapter.

[6] Directory sign. In lieu of a plaque sign, businesses are permitted a single surface-mounted directory sign for listing four or more tenants who share a common front door, located near the building entry with approval from the AHRB. Such directory must not exceed six square feet in area, although an additional one square foot may be permitted to accommodate street address information and/or official building name.

[7] Window lettering. In addition to any other permitted signs, businesses are permitted to use painted, sandblasted or otherwise permanently affixed window lettering with approval from the AHRB. Maximum lettering sizes shall not exceed eight inches in height (e.g., Figure K-11[19]).

[19] Editor’s Note: Figure K-11 is included at the end of this chapter.

[8] Awning lettering. In addition to any other permitted signs, businesses are permitted to add text along the front vertical edge of any pedestrian sidewalk awnings with approval from the AHRB. The text shall be limited to the business name, slogan and/or street address only, with text height not to exceed six inches (e.g., Figure K-12[20]).

[20] Editor’s Note: Figure K-12 is included at the end of this chapter.

[9] Menu sign. In addition to any other permitted signs, a wall-mounted menu sign is permitted adjacent to the main entry for restaurants and similar establishments—but in lieu of a plaque sign—provided that the total sign area does not exceed four square feet, with approval from the AHRB (e.g., Figure K-13[21]).

[21] Editor’s Note: Figure K-13 is included at the end of this chapter.

[10] Street numbers. All properties are required to display their street number on the front facade next to or above the primary entry or in a reasonably obvious location, and on any permitted freestanding sign. Street numbers should be between six and 10 inches tall, and should contrast well with their background to be legible.

(b) Freestanding signs.

[1] Monument signs. Individual commercial parcels consisting of a single business which have their front facade located 80 feet or further from the edge of the public road are permitted a single monument sign, in addition to any other permitted signs, with approval from the AHRB. Such sign shall be no larger than five feet tall, eight feet long (measured perpendicular to the road) and one foot thick (measured parallel to the road) and may sit on a raised planter or plinth no taller than two feet above grade. Copy or sign information may only appear on the long sides. Monument signs must be located at or near the primary vehicle entrance to the property no closer than 15 feet from the edge of the road, or otherwise placed so as not to obstruct vehicular sightlines. Such sign may consist of the business name, brief description or motto and a street address only (e.g., Figure K-14[22]).

[22] Editor’s Note: Figure K-14 is included at the end of this chapter.

[2] Preexisting monument signs. Monument signs which are lawfully existing at the time of adoption of this section, which consist of a single business, which have their front facade located less than 80 feet from the edge of the public road may be permitted to remain with AHRB approval, provided the following:

[a] The property has only one monument sign which advertises only a single business;

[b] The business has no other facade signs;

[c] The monument sign is constructed and illuminated in accordance with this section;

[d] The monument sign is reasonably sized and located in a manner which is in keeping with the goals and intent of this section and will not obstruct vehicular views or pedestrian paths.

[3] Plaza signs. Signs designed to identify shopping plazas or similar developments which consist of two or more tenants which are located 80 feet or further from the edge of the public road are permitted one freestanding plaza sign in addition to any other permitted signs with approval from the AHRB. Such sign shall be no larger than five feet tall, eight feet long, one foot thick and may sit on a raised planter or plinth no taller than two feet above grade. Copy or sign information may only appear on the long sides. Such signs shall be located according to monument signs, and may consist of the official name of the development and a street address only. The name of the individual businesses or other information is not permitted (e.g., Figure K-15[23]).

[23] Editor’s Note: Figure K-15 is included at the end of this chapter.

[4] Pedestrian sidewalk signs. Pedestrian sidewalk signs designed to identify multiple businesses who share the same building address may be permitted in the H3 and H4 Districts with AHRB approval. Such signs may only be permitted in cases where there are six or more businesses within the same building, but it is not desirable or possible for every tenant to have his/her own facade signage due to his/her location in the rear of the building or on the upper floors. In such cases, the building itself may be permitted a single facade sign identifying it by name and street address only, while all the individual tenant signage may be placed on the sidewalk sign. (Individual tenants may still be permitted window signs, window lettering, awning lettering or similar secondary identification.) The sidewalk sign may be no larger than seven feet tall, four feet long and one foot wide and must accommodate at least six business names in text no larger than four inches tall (e.g., Figure K-16[24]).

[24] Editor’s Note: Figure K-16 is included at the end of this chapter.

[5] Pedestrian sidewalk directories. Pedestrian sidewalk directories may be permitted within the H3 or H4 Districts with AHRB approval to identify multiple businesses in the vicinity who are in an area of low visibility from pedestrian traffic. Such signs may only be permitted in cases where there are five or more businesses in the vicinity who do not have frontage on Main Street or do not otherwise have direct visibility from the public right-of-way. These signs may occur no more than once every block along each side of Main Street and shall be no larger than seven feet tall, four feet long and one foot wide. The sign must accommodate at least five business names and include an area directional map for its vicinity which graphically indicates the location of the sign and the businesses listed. Individual business name text may be no larger than four inches tall (e.g., Figure K-17[25]).

[25] Editor’s Note: Figure K-17 is included at the end of this chapter.

(c) Other signs.

[1] Temporary permit signs. In cases where a newly established business cannot afford the purchase of a facade-mounted sign which meets the requirements of this section, or delays are caused by design issues or financial burdens, the AHRB may approve a temporary permit sign to be used, as follows:

[a] The temporary permit sign shall be valid only for a grace period of six months, at which point the temporary sign must be removed. This six-month grace period may be extended, at the discretion of the AHRB, only for one additional period not to exceed six months.

[b] The temporary permit sign must be reviewed and approved by the AHRB prior to granting any temporary sign permit.

[c] Before a temporary permit sign can be approved, the final approved sign design proposed for the business must also be approved.

[d] The temporary permit sign may be constructed of alternate materials, as approved by the AHRB, provided they are deemed to be durable, weather resistant and of satisfactory design. The temporary permit sign shall conform to all other the provisions of this section related to lettering size, sign board size, placement, colors and lighting.

[e] The business must sign a letter of agreement stipulating that the Town has the authority to remove any temporary permit sign and may suspend its commercial certificate of occupancy in the event the temporary sign has not been replaced with the final approved sign by the end of the approved grace period.

[2] Temporary announcement sign. A single temporary promotional, special event or similar sign advertising an announcement is permitted no more than four times a calendar year for any commercial business, provided it is limited to a maximum of six square feet (each side), is located on the business premises and is displayed for no more than five consecutive days.

[3] Home occupation sign. Home occupations within the H2 Hamlet District are permitted a single facade-mounted plaque sign as specified above, or a small projecting sign which does not exceed three square feet, or a small freestanding pole sign which does not exceed three square feet in area, each side, and six feet in height, no closer than 15 feet from the road.

(d) Exempt signs. Exempt signs as listed in § 243-6 of the Sign Local Law of the Town of Clarkstown.

Table K-1 Permitted Signs Summary Chart
Type of Sign			Conditions	Size	Illuminated
Facade-Mounted Signs
	Permitted one instance of channel lettering sign		For each public frontage (up to 2)	See Table K-2	Yes
		Or one wall sign	For each public frontage (up to 2)	See Table K-2	Yes
		Or one window sign	For each public frontage (up to 2)	20% of window	Yes
		Or one projecting sign	For each public frontage (up to 2)	5 square feet per side	Yes
	Plus one plaque sign		2 to 3 tenants using same entry	1 square foot in area	No
		Or one directory sign	4 or more tenants using same entry	6 square feet in area	No
	Plus window lettering			8 inches maximum height	No
	Plus awning lettering		Name, slogan and/or address only	6 inches maximum height	No
	Plus menu sign (in lieu of plaque sign)		Restaurants only	4 square feet in area	Yes
	Plus street number		Required - all front facades	6 inches to 10 inches high	Yes
	Plus hanging sign		Multitenant covered walkways only	4 square feet per side	No
Freestanding Signs
	Permitted one monument sign or plaza sign		Facade has setback of 80 inches or more or is approved as preexisting	See Table K-2	Yes
	Pedestrian sidewalk sign or directory		See specific conditions	7 feet by 4 feet	Yes

NOTES:

See individual sign descriptions for additional information or requirements.

(4) Sign design, sizing and colors.

(a) Sign information. It is recommended that commercial sign text be limited to the name of the business and a brief description of the nature of the business or business slogan only. Business logos, if used, must be sized according to the diagram in Figure K-1, Sign Board Sizing.

(b) Lettering sizes. The allowable size of all sign lettering shall be as specified in Table K-2, Lettering Size Chart. This table shows the allowable text height "X" based on the distance from the road and the type of sign lighting used.

(c) Sign board sizing. The size of all wall sign boards, if used, is determined by the diagram in Figure K-1, based on the maximum allowable lettering size, "X." This format is used to determine the maximum area of sign board permitted.

[1] Once the total area has been determined, the final arrangement and composition of the text and its elements may be adjusted or rearranged to best fit the design of the facade. The permitted sign area may be broken up into two or three smaller pieces if desired.

[2] For the purposes of calculating the maximum allowable sign area, only the business name, applicable logo and optional description or slogan shall be used. The AHRB may reject proposed signboard sizing calculations which utilize additional information.

Table K-1

Lettering Size Chart

KEY:

NP = Not permitted

Type of Sign	Maximum Lettering Size "X" Based on Distance From Sign To Curb (Business Name Height/Optional Description or Slogan Height)
	H1, H3 and H4 Districts (feet)				H2 District (feet)
	Less than 20 (inches)	20 to 40 (inches)	40 to 60 (inches)	60 or more (inches)	Less than 20 (inches)	20 to 40 (inches)	40 or more (inches)
Wall sign or channel lettering applied directly to the facade with external lighting or no lighting	14/7	16/8	18/9	22/10	10/5	12/6	14/7
Wall sign or channel lettering applied directly to the facade with internal or silhouette lighting	12/6	14/7	16/8	18/9	NP	NP	NP
Monument or plaza sign	16/8	18/9	NP	NP	NP	NP	NP

Type of Sign	Maximum Lettering Size "X" Based on Distance From Sign To Curb (Business Name Height/Optional Description or Slogan Height)
	H1, H3 and H4 Districts (feet)				H2 District (feet)
	Less than 20 (inches)	20 to 40 (inches)	40 to 60 (inches)	60 or more (inches)	Less than 20 (inches)	20 to 40 (inches)	40 or more (inches)
Wall sign or channel lettering applied directly to the facade with external lighting or no lighting	14/7	16/8	18/9	22/10	10/5	12/6	14/7
Wall sign or channel lettering applied directly to the facade with internal or silhouette lighting	12/6	14/7	16/8	18/9	NP	NP	NP
Monument or plaza sign	16/8	18/9	NP	NP	NP	NP	NP

NOTES:

See individual sign descriptions for additional information or requirements.

Figure K-1

Sign Board Sizing

(d) Large retail signs. Large commercial establishments with gross floor areas in excess of 60,000 square feet or a business frontage in excess of 200 linear feet which have their front facade located 100 feet or more from the public street are permitted larger surface-mounted sign allowances on said frontage than indicated in Table K-2, Lettering Size Chart. The maximum sign area for such establishments shall instead be the lesser of the following, as approved by the AHRB:

[1] One square foot of sign area per 400 gross square feet of building area; or

[2] Five percent of the total building frontage facade area.

(e) Signs are encouraged to be designed as individually applied lettering or solid wall sign boards (not hollow or cabinet) which are constructed or carved from wood or metal whenever possible.

(f) Sign colors must consist of muted shades which complement the building colors as approved by the AHRB.

(g) For multitenant properties, such as a commercial plaza, a sign package for the entire site shall be approved in context of the design of the plaza and shall be coordinated so as to present a more uniform appearance. All applicants shall be required to submit plans for the signage package so that the colors and design may be discussed in context with the design of the elevation of the building(s).

[1] All signs which are part of a sign package should be designed in a uniform theme of style, materials and background colors which present a consistent appearance; however, the individual text or logo colors may differ as needed for each business.

[2] Commercial tenants of a plaza with an approved sign package must comply with the standards for that package.

(h) All signs should be clear and legible. The lettering used should contrast well with the background color. Overly stretched fonts and multicolored text are prohibited unless expressly part of the business logo design.

(i) Waiver. The AHRB may approve modifications to the requirements for sign and lettering sizes by no more than 50% as deemed necessary for specific site conditions with a super-majority (majority plus one) vote.

(5) Other sign provisions.

(a) All facade-mounted signs shall be mounted on the vertical plane of the facade. Signs or lettering which are mounted on the vertical, horizontal or sloped surfaces of the building roof, or which extend beyond the roofline or sides of the building, are not permitted. On preexisting buildings where there is no readily useable facade area for sign mounting, the AHRB may approve an alternate mounting location, such as on the roof, on a specific basis.

(b) Installing new signs which are incompatible with the architectural style, scale, location, materials or color, or which cover or obscure significant architectural features of an existing facade, is prohibited (e.g., Figures K-18, K-19[26]).

[26] Editor’s Note: Figures K-18 and K-19 are included at the end of this chapter.

(c) Items placed in window and door areas, such as temporary or permanent posters, permitted signs, advertisements or other window advertisements and notices, should not create a cluttered appearance (e.g., Figure K-20.[27]). Such signs or postings should not exceed 20% of the total window area of a given facade (not including hours of operation, street address and similar information).

[27] Editor’s Note: Figure K-20 is included at the end of this chapter.

(d) Continuous, uninterrupted fascia designs, awnings, canopies or similar elements meant only as a backdrop to sign placements are not permitted.

(e) Signs cannot be placed any nearer than 15 feet from the edge of any roadway so as to otherwise obstruct and/or impede the view from a driveway of motor vehicles.

(6) Sign lighting.

(a) Externally illuminated method (indirectly lighted signs).

[1] Lighting of signs is encouraged to be by means of external lighting mounted above or below the sign (e.g., Figures K-6, K-21[28]). All lighting must be generally white or of a muted color with a diffused, nonintermittent light source as approved by the AHRB. All lighting shall not interfere with the comfort and safety of the general traffic and nearby residences.

[28] Editor’s Note: Figures K-6 and K-21 are included at the end of this chapter.

[2] External sign lighting must be provided by shielded, downward- or upward-facing lamps which direct light only onto the immediate sign surface (e.g., Figure K-22[29]). Bare bulbs must not be readily visible from the public way. Externally illuminated signs are encouraged to utilize light-colored lettering on a darker background to reduce glare.

[29] Editor’s Note: Figure K-22 is included at the end of this chapter.

(b) Internally illuminated method (directly lighted signs).

[1] Internally illuminated channel lettering (e.g., Figure K-23[30]) or internally lit cabinet signs (e.g., Figures K-24, K-25[31]) are permitted within the H1, H3 and H4 Districts only when:

[a] Approved by super majority vote (majority plus one) of the AHRB; and

[b] The face of the lettering or logo itself is the only portion of the sign which is translucent or illuminated while any remaining background or sign area is opaque and does not emit light; and

[c] The color of the lettering is soft or muted, complementing or matching building colors and uniform throughout a property with multiple tenants; and

[d] The cabinet sign box is designed to match the colors and features of the facade on which it is mounted so as to appear integral with the design and materials, to appear recessed or flush, or otherwise integrated with the facade design so as to minimize its appearance to the maximum extent practical. Cabinet sign boxes which are not installed on a facade surface, where permitted, shall likewise minimize their appearance with the use of dark, muted colors for the cabinet enclosure.

[30] Editor’s Note: Figure K-23 is included at the end of this chapter.

[31] Editor’s Note: Figures K-24 and K-25 are included at the end of this chapter.

(c) Silhouette lighting method.

[1] Channel lettering which is opaque, with illumination by silhouette or backlight, is permitted within the H1, H3 and H4 Districts, provided the source of lighting and associated wiring is fully concealed (e.g., Figures K-26, K-27[32]).

[32] Editor’s Note: Figures K-26 and K-27 are included at the end of this chapter.

(d) General lighting guidelines.

[1] Neon or other illuminated window and door signs (behind the glass), such as those typically used to advertise beer, soda or cigarettes, shall be limited to no more than one such sign per business.

[2] Illumination levels of external, internal and silhouette lighting measured on or at the surface of the sign face should not exceed two footcandles.

[3] Sign lighting must be turned off by 11:00 p.m. or at the close of business, whichever is later.

(7) Gasoline service station signs.

(a) In lieu of a permitted facade-mounted wall sign or channel lettering, gasoline service stations are permitted a canopy sign not to exceed 16 square feet in area, inclusive of any colored striping or banding effects along the canopy.

(b) Gasoline service station canopy signs may be internally or externally illuminated; however, the canopy roof or its perimeter edge may not be translucent or otherwise illuminated outside of the sign area.

(c) In addition to other permitted signs in this chapter, gasoline service stations are permitted one monument sign. Such sign shall be no larger than five feet tall, eight feet long (measured perpendicular to the road), one foot thick (measured parallel to the road) and may sit on a raised planter or plinth no taller than two feet above grade. Copy or sign information may only appear on the long sides. Monument signs must be located at or near the primary vehicle entrance to the property no closer than 15 feet from the edge of the road, or otherwise placed so as not to obstruct vehicular sight lines. Such signs shall consist of the business name, brief description or logo, street address, illuminated by externally mounted lights only mounted above or below the sign; internally lit signs are not permitted. The sign may include illuminated pricing information such as digital LED numbers as approved by the AHRB.

L. Exterior lighting standards.

(1) All exterior lighting used for signs, walkways, parking lots, and security lighting should be full cutoff or recessed fixtures which project light downward only, with no exposed bulbs readily visible from the public way or adjacent parcels. The light from these fixtures should not spill over into adjacent properties or roadways, and provide only as much light as needed to illuminate the target surfaces.

(2) Landscaping or facade lighting may be directed upwards with AHRB approval only, provided that the fixtures are fully shielded and no bare bulbs are readily visible from the public way. Landscape lighting should not exceed three feet in height.

(3) Gasoline service station canopy lighting must be achieved by fully recessed, shielded fixtures which emit light directly downward onto the pumping area only, so that the light source itself is reasonably kept from view when observed from the public way or adjacent parcels.

(a) Alternately, the underside of arched, vaulted or otherwise concave canopies may be indirectly illuminated by means of "up-lighting" from fixtures mounted on the canopy supports, providing a general illumination to the pumping area by means of diffused reflection.

(4) Parking and security lighting poles must not exceed 20 feet in height.

(5) Internally lit and translucent canopies or awnings are prohibited.

(6) Metal halide, incandescent or fluorescent lamps are recommended for typical exterior uses. Mercury vapor, low-pressure sodium, high-pressure sodium and LED can be used with AHRB approval only. Neon and similar lights and laser lights are prohibited.

M. Architectural design guidelines.

(1) General principals and intent. The intent of these guidelines is to ensure the New City Hamlet maintains a unique and pleasing community identity by requiring new development to be architecturally sympathetic to neo-traditional neighborhood design. Buildings should creatively reflect traditional elements of the character area. Diversity that is in tune with the massing, proportion, decorative design elements, and street relationships of nearby buildings is encouraged.

(2) Applicability. These guidelines apply to all new commercial and multifamily housing construction, additions, exterior renovations requiring a building permit or site plan review including signs, lighting and changes to exterior materials or colors within the New City Hamlet Center Overlay District.

(a) New construction. The guidelines shall be used to assist in the design and review of new construction projects, special permits, site plan, signs, and architecture and landscape reviews in the hamlet.

(b) Alterations to existing sites and structures. All alterations must comply to the maximum extent practicable. For the purposes of these design guidelines, the term "alteration" is defined as any change, rearrangement or addition to a building, sign, or site, other than repairs; a modification in construction; or in building equipment or the moving of a building or structure from one location to another. All requests to alter existing sites and structures must be reviewed by the appropriate code enforcement officer and/or board, and permission granted before undertaking construction.

(3) Order of interpretation. Proposed projects shall apply the design guidelines in the following order: first, adherence to the guiding principles, second, the site planning, landscape and architectural design guidelines and last, by character-area where the project is located. Additional applicability requirements are outlined in the next section.

(a) Interpretation. It is the intent of the guidelines to provide substantive direction while providing reasonable flexibility as determined by the appropriate review board in their application.

(b) Guiding principles. Successful places and memorable communities evolve from a set of guiding principles. These principles direct how an area will grow, evolve over time and adapt to changing situations. The guiding principles which serve as the foundation for the New City Hamlet design guidelines are derived from traditional principles of Town planning and design and are intended to support the evolution of the hamlet as a distinct, vital, pedestrian-friendly community center. It should be noted, however, the intent of the design guidelines is not to recreate another place but rather to apply traditional design principles, to support the evolution of New City Hamlet into a vibrant and diverse place in its own right. The principles are as follows:

[1] Relate buildings and sites to the "main street" frontage.

[a] All new buildings and alterations fronting on the street shall be organized in such a way that the front of the structure addresses the public realm (e.g., front doors on front walks, engaging window displays and treatments, and so forth) which exists along the street and is located along the building line established for that area.

[b] Buildings should have an entranceway that clearly and attractively presents itself to the traveling public from the sidewalk.

[c] The primary building entry should face the street and a secondary entry may face the parking lot to provide access for patrons, employees and deliveries. The creation of additional side and back entrances to buildings will render side and rear parking lots more attractive to customers and the buildings more visually interesting to pedestrians.

[d] Area setbacks throughout the hamlet shall be sufficient to provide for a mix of public, semipublic, and private spaces and uses as appropriate for each setting.

[e] Public access, such as sidewalks and building entry areas, shall be incorporated into the site design of all development which fronts the street. Such provisions shall allow for pedestrian corridors and other design elements such as plantings, benches, trash receptacles, bike racks, signage, street trees and other design elements as appropriate and defined by the design guidelines.

[f] New construction shall present a human-scaled, built environment where facilities for the car are secondary to facilities for pedestrians.

[2] Design with the pedestrian in mind.

[a] Ensure safe, attractive pedestrian facilities are provided to connect building entries to the streets and parking systems.

[b] Create a visual "continuity of interest" along Main Street and side streets that includes both sensitive architectural details and attractive, visually engaging elements such as display windows, outdoor cafe space and landscaped edges.

[c] Make pedestrian crossings and movement patterns safe and easily identified through material selection (e.g., decorative pavement crosswalks) and signage.

[3] Celebrate New City with unique and fitting designs.

[a] Architecture shall be custom designed; avoid, where possible, or minimize corporate-chain-type architectural standards, color schemes, and branding.

[b] Site furnishings (lighting, benches, etc.) that complement or reproduce Town public works standards for New City are encouraged.

[c] Integrate new construction into the built fabric of the community by replicating or complementing appropriate historic design and material details found in the Town.

(4) Site planning and design.

(a) General principals and intent. The intent of this section is to ensure that new development projects work within the same framework to create a coherent, attractive and pedestrian-scale street identity. To this end, older land use patterns of buildings working together close to the street are preferred over the contemporary patterns of isolated buildings with parking in front. Since the majority of land within the district is already developed or adjacent to preexisting structures, development will occur predominantly through infill. In many cases, this new infill development must be sensitive to existing conditions and traditional patterns of development, taking care to match the setbacks of adjacent buildings and contribute to the pedestrian streetscape.

(b) Frontage buildout. Place as much of the building width at the front of the lot as possible to maximize front facade exposure to the public (e.g., "C" in Figure M-3, and Figure M-6[33]). The H3 and H4 Districts have specific minimum frontage width requirements which must be complied with.

[1] To reinforce the "street-edge," align the front of new construction with the front of neighboring buildings which are also close to the front setback line (e.g., "D" in Figure M-3).

[2] The front facade should be kept parallel to the street.

[3] Landscaping may also be used to reinforce the facade frontage line in areas where there are gaps between buildings (e.g., "D" in Figure M-3).

[4] Additions and renovations to existing structures should attempt to increase the building frontage prominence where possible.

[5] Corner lots should try to place as much building mass near the intersection as possible to help anchor the lot and take advantage of the high visibility (e.g., "A" in Figure M-4, Figure M-10[34]).

[a] Alternately, the creation of a public space on the corner such as a pocket park, sculptural element or water feature such as a fountain may be acceptable.

[b] All development should attempt to locate the building at the front of the site to focus visual attention on the architecture of the structure itself while using it to shield vehicle areas in the rear. Any drive-under canopies should be designed as an integral part of the building architecture to create an aesthetic and physical connection which can also provide pedestrian shelter between the vehicles and the building (e.g., "B" in Figure M-4, Figure M-13[35]).

[35] Editor’s Note: Figures M-4 and M-13 are included at the end of this chapter.

[34] Editor’s Note: Figures M-4 and M-10 are included at the end of this chapter.

[6] The primary building entry should be placed at the front of the building (facing the front lot line) and be clearly identifiable from the street.

[a] To allow the entry area to still be visible from a side or rear parking lot, a secondary entrance may be provided which is more readily accessible to patrons from the rear or side if desired, provided it is clearly not the primary means of entry. Alternately, an entry or "entry element," such as a porch, gate, ramp or covered walkway, etc., may be used along the front or corner of the building so that it is visible in front, but also visible when approaching from a side or rear parking areas (e.g., "A" in Figure M-3).

[b] If the Planning Board determines it is not feasible or desirable to place the main building entry directly on the front facade, attempts should be made to ensure that it is still readily visible and faces the main road or internal street as much as possible.

[33] Editor’s Note: Figures M-3 and M-6 are included at the end of this chapter.

(c) Vehicle and pedestrian access. Vehicle entrances and exits shall be located only on a major or secondary road and shall be so located as to draw a minimum of vehicular traffic to and through local roads.

[1] Parking areas should be broken up into smaller, separate areas where possible to avoid overly large areas of blacktop (e.g., "B" in Figure M-3, Figure M-9[36]). See the specific parking and parking lot landscaping requirements of § 290-7.5I for more information.

[36] Editor’s Note: Figures M-3 and M-9 are included at the end of this chapter.

[2] Provide access to rear alleys or adjacent parking lots where possible (e.g. "E" in Figure M-3).

[3] Provide sidewalks for the full width of the property with a direct link to the primary building entry [e.g., "F" in Figure M-3]. Such sidewalks should continue uninterrupted through any driveway curbcut or similar asphalt area (e.g., Figure M-7[37]).

[37] Editor’s Note: Figure M-7 is included at the end of this chapter.

[4] Dumpster locations should be kept at the rear of the site and screened from view with low walls or fences which match the architectural materials of the building or landscaping (e.g., "G" in Figure M-3). Adjacent properties may consolidate dumpster locations to a common, shared location (e.g., "H" in Figure M-4).

[5] The site and parking areas should be landscaped according to the specific landscaping requirements in sections § 290-7.5I(12) and J (e.g., "H" in Figure M-3).

[6] Driveway curb cut widths should only be as wide as necessary to accommodate needed lanes (e.g., "I" in Figure M-3). Curb cuts on state or county highways must also comply with width requirements of those agencies and the New York State Fire Prevention Code. The Planning Board may require an entry-only curb cut along the primary road with an exit located along a secondary road to reduce turning conflicts.

[7] Loading areas should be screened from view with landscaping (e.g., "J" in Figure M-3).

[8] Internal site crosswalks shall be provided to link parking areas and entrances as directed by the Planning Board (e.g., "G" in Figure M-4).

[9] All public accessways on the site should comply with the Americans with Disabilities Act.[38]

[38] Editor’s Note: See 42 U.S.C. § 12101 et seq.

(d) Larger campus-style development. Where one large or several adjacent parcels allow for a more coordinated development, the Town may require cooperation between landowners of adjacent parcels so that the buildings, parking lot(s), driveways, curbcuts and open space may relate to one another in such a way as to create the feeling of one unified development so as to advance public safety and relieve congestion (e.g., Figures M-11, M-12[39]).

[1] Larger, existing shopping plaza properties which are set back far from the street should be encouraged to develop the land at the front of their lot to help define the street edge and create shared parking opportunities (e.g., "E" in Figure M-4).

[2] Internal access roads between different buildings on the site should be designed as small streets where possible with on-street parking, sidewalks, street trees and similar amenities (e.g., Figure M-8[40]).

[40] Editor’s Note: Figure M-8 is included at the end of this chapter.

[39] Editor’s Note: Figures M-11 and M-12 are included at the end of this chapter.

(e) Landscaping. Incorporate existing, older trees into new site plan development whenever possible to reduce waste and take advantage of good shade trees. Existing trees with a caliper of 10 inches or more which are proposed to be removed must be indicated on any surveys and site plans. Site clearing or the removal of older trees which could otherwise be worked around or incorporated into the site design is prohibited without prior approval from the AHRB. See landscaping requirements of § 290-7.5J.

(5) Scale and massing.

(a) The relative placement and massing of new structures should work to create attractive and architecturally compelling outdoor spaces, plazas, courtyards, streets and similar public places (e.g., Figures M-11, M-12).

(b) For development proposals along public streets, the majority of the building facade and/or height should be placed near the front setback line to help define the street edge (e.g., Figures M-3, M-5, M-6[41]).

[1] Gable roof or similar structures should typically have at least one gable end facing the front lot line.

[2] Buildings or facades which are larger than the typical structure along the street may be encouraged to include a stepped facade design, massing articulations, or reductions in the height to reduce the imposing visual size of the facade along the street wall.

[41] Editor’s Note: Figures M-3, M-5 and M-6 are included at the end of this chapter.

(c) The building mass near the front of the site should be sufficiently articulated with design features to give it a small, pedestrian-scale appearance. Natural, smaller scale materials such as brick, wood clapboard or other materials listed in Table M-1; Acceptable Exterior Materials, should be used in these highly visible and pedestrian areas.

(d) Large-scale architectural features such as uninterrupted picture or strip windows, continuous awnings, garage doors or large unarticulated roof surfaces are discouraged near the front of the site. Such elements should instead be separated into smaller groups to help reduce their scale.

[1] The scale of large window areas should be reduced by organizing them in groups and/or dividing them with the use of mullions and muntins (e.g., Figures M-6, M-18[42]).

[42] Editor’s Note: Figures M-6 and M-18 are included at the end of this chapter.

(e) The overall building volume should be divided up into a variety of massing elements and/or shapes to help reduce the perceived scale of the structure (e.g., Figure M-14[43]).

[43] Editor’s Note: Figure M-14 is included at the end of this chapter.

(f) Large areas of blank, windowless or unarticulated wall are prohibited along the front facade or public pedestrian areas. If they cannot be avoided, they should be reserved for the side or rear of the facility whenever possible, and design accents such as material transitions, pilasters or other facade articulations should be provided as directed by the AHRB.

(g) The primary building entry should be highlighted by different massing, gateway element, covered porch, recess in the facade and/or similar architectural treatment. Porch areas should not be used for outdoor merchandise display.

(h) Large retail structures and shopping plazas must articulate their primary facade(s) with various design features, massing elements and roofline articulations to help reduce the overall scale of the building. These can be used to highlight entry points, exits, specialty areas (such as a garden/landscaping center or auto service), customer pickup zones or separate places of business (e.g., Figure M-14).

(6) Height and roof design.

(a) Building height. The maximum height for buildings within the New City Hamlet Overlay is regulated by the specific requirements of districts H1, H2, H3 and H4. Areas within the Overlay which are not in those districts shall be governed by the requirements of the underlying zoning district.

(b) The tallest facade of the building should face the street, stepping down in back if necessary.

(c) The roofs of new construction should be generally compatible with the style, character and scale of roofs found on appropriately designed adjacent buildings (e.g., A building lot flanked by many structures with gable roofs is often best suited to use a similar theme as well) (e.g., Figure M-15[44]).

[44] Editor’s Note: Figure M-15 is included at the end of this chapter.

(d) The roof of the building should be in keeping with the scale and nature of the structure itself. Overly large, bold or "inflated" roof and fascia designs, fake roof fronts, built-out roof overhangs and similar roof designs which are simply applied to the facade are discouraged (e.g., Figure M-16[45]).

[45] Editor’s Note: Figure M-16 is included at the end of this chapter.

(e) Flat roof structures should be capped by an articulated parapet design which acts as a structural expression of the building facade and its materials.

(f) Sloped roof structures are encouraged to maintain a pitch between 6:12 minimum and 12:12 maximum slope on all primary roof areas (not including dormers, entry canopies or similar accessory elements).

[1] Roof overhangs should be at least six inches deep, but should not be greater than 18 inches deep unless it is part of a porch or colonnade design which requires support columns and the space to allow people to walk or gather within it.

[2] Dormers and gables should be employed along the front to help maintain a prominent facade, reduce the scale of an otherwise large, unarticulated roof surface, or divert rainwater and snow away from doorways.

[3] Mansard and shed designs for the primary roof form are typically not appropriate for the area.

(g) Breaks and fluctuations in the roofline are encouraged to highlight important areas of the building (such as the entry) and break up longer runs of facade or roof area (e.g., Figures M-14, M-15).

(h) The roof of a structure should be designed so as to divert the fall of rain and snow away from pedestrian areas such as walkways and doors. The use of colonnades, small porch roofs, awnings or similar protective designs is also encouraged at these locations.

(i) Air handling units, condensers, satellite dishes and other equipment placed on the roof should not be visible from the street, and instead should be screened by building elements so they are shielded from sight. Cellular panel antennas, if permitted, must be flush mounted and blend in color and style with the architectural features of the building. Any equipment which cannot be reasonably screened shall be visually minimized with painted colors and finish complementary to the overall building design.

(7) Proportions and fenestration.

(a) The proportions and fenestration (amount of window and door openings or depth in a facade) should be balanced with the overall mass and scale of the facade.

(b) The proportions of design elements such as windows, columns or bay spacing should be kept as consistent as possible on the facade. For example, although the windows on the first floor may be bigger than those on the second floor, they have the same general proportion or width to height ratio (e.g., Figure M-17[46]).

[46] Editor’s Note: Figure M-17 is included at the end of this chapter.

(c) The use of vertically proportioned elements (parts which are generally taller than they are wide) are sometimes required to offset horizontal elements to give the building a balanced or lighter appearance. Strong horizontal influences such as large fascias or banding designs are discouraged, or must be adequately balanced with vertical elements.

(d) Articulations or other fenestration in the plane of the facade are required to create an interesting design, reinforce rhythms and cast shadows (e.g., Figure M-18[47]). Very flat, planar facade designs are prohibited.

[1] The ground floor and pedestrian areas should exhibit the highest levels of facade fenestration with larger openings and increased facade depth, especially around the main entry.

[2] The upper floors typically would have decreasing levels of fenestration with smaller window openings. In nonpedestrian areas, such as the side or rear of the building, the level of fenestration is not as important and can be scaled down if needed.

[3] Very large, uninterrupted facade or window openings are discouraged, and should instead be broken down and separated into smaller groupings.

[4] False windows and/or doors may not be utilized as part of the facade.

[47] Editor’s Note: Figure M-18 is included at the end of this chapter.

(e) Openings in masonry facades should express a structural lintel or arch to express how it is carrying the weight above (Figure M-18). Doors and windows in wood-clad facades can also use a wider trim at the head than is used on the sides to achieve the same visual effect.

(f) The proportion of structural elements such as posts or columns should be appropriate to the weight they appear to be carrying. Columns or piers which may be supporting larger masses, such as upper floors, generally have a low width to height ratio (for example, 1:5). Columns or posts supporting lighter elements, such as a porch roof, generally have larger ratio, but should typically not exceed 1:15 (e.g., Figure M-19[48]).

[48] Editor’s Note: Figure M-19 is included at the end of this chapter.

(g) Facade designs should set up a regular rhythm or pattern with the use of window spacing, expressing the structural bays of the building with pilasters, porch columns, colonnades or other detailing.

(8) Exterior materials.

(a) Smaller scale, natural materials should be used whenever possible, especially on the front facade and near pedestrian areas. For a listing of recommended materials, see Table M-1, Acceptable Exterior Materials. The primary materials or color theme should typically be of a natural, muted shade. Brighter, more vibrant colors such as red or yellow should be reserved for minor accents and highlights only, and may only be used sparingly with approval by the AHRB.

(b) When using more than one material or color on a facade, it is recommended to have one as the dominant theme with the others used more sparingly to complement or accentuate the design. For example, a facade which is mostly brick but is accented with the use of a special concrete block watertable at the base with matching concrete lintels.

(c) When making a transition from one material to the next, the change should occur at a hard edge or "bump-out" in the facade, creating a surface for the first material to terminate into before the second one begins. Facades with an overabundance of different materials or colors are discouraged. Special design patterns included in the facade or roofing material every now and then are encouraged, as well as the use of contrast between primary and accent materials or colors.

Table M-1

Acceptable Exterior Materials

The following list outlines the recommended and not recommended materials for use on exterior areas of the building which are readily visible from the street or public way. Recommended materials should be used for the dominant exterior materials; however, other materials may be used more sparingly as accent or trim. Samples of all exterior materials proposed for use should be provided to the AHRB for design review approval.

Building Element		Recommended Materials		Not Recommended Materials
	Facade	Common red brick or multitone brick		Multicolored brick
			Unpainted (consistent tone)	Imitation brick siding, asphalt siding
			Painted (approved color)	Plain concrete masonry units (CMU)
		Concrete masonry units (CMU)			Unpainted or painted
			Textured CMU	Unfinished, lumber grade wood
			Colored (dyed) CMU		Unpainted or painted
			Split face CMU	Metal or aluminum siding
		Natural stone or imitation stone		Vinyl siding
		Wood clapboard or shingle		Mirrored or highly reflective siding or panels
			Finished grade (painted or stained approved color)	Plywood or T-111 wood paneling
					Unpainted, painted or stained
		Imitation/PVC/synthetic wood		Composite medium density overlay (MDO) board
			Painted or stained (approved color)		Unpainted
		Fiber reinforced cement siding/hardi-plank		Exterior insulation finish system (EIFS)/Dryvit
			Painted (approved color)		Unpainted or painted
	Windows	Anodized aluminum frame/storefront		Bare aluminum frame/storefront
			Approved color	Mirrored or highly reflective glass
		Wood, vinyl clad, PVC frames		Dark tinted glass
			Approved color		Below 70% visible light transmission
		Clear, etched, frosted or stained glass		Colored glass
		Expressed lintels over openings		Concealed steel plate or angle lintels
			Brick, limestone or other masonry
			Precast concrete (unpainted or colored)
	Roof	Asphalt shingle		Bare metal roof flashing
			Approved color
		Natural or imitation slate
		Standing seam metal
			Small seam width, approved color
		Copper
		Parapet and chimney caps
			Stone or precast concrete
		Metal flashing
			Approved color
	Other/ Miscellaneous	Canvas awning		Plastic, vinyl or other synthetic awning
			3 color maximum, approved colors	Bare or reflective metal flashing
		Concrete sidewalks/walkways		Asphalt sidewalks/walkways
		Concrete pavers
		Wood or synthetic wood trim, porches, ramps

[1] Editor's Note: Pursuant to L.L. No. 7-2023, adopted 7-18-2023, instances of "ALC" within this section were changed to "AHRB."

§ 290-7.6 Commercial Office District.

[Added 8-5-2014 by L.L. No. 8-2014]

A. Purpose and intent.

(1) The purpose of the Commercial Office (CO) District is to provide for "office park" or "executive park" areas of commercial mixed-use in campus-like settings on major transportation corridors. The primary use is intended to be offices for a variety of commercial, research and similar activities. Light industrial uses, such as technology research that operates enclosed in office-like settings and are generally compatible with commercial office uses, are encouraged and allowed.

(2) The CO District is intended to:

(a) Ensure that the appearance and function of development is integrated with and complements surrounding neighborhoods;

(b) Concentrate a variety of commercial services that serve the surrounding community and support local job creation;

(c) Encourage a variety of commercial and light industrial uses and provide flexible infrastructure to accommodate changing market needs;

(d) Ensure that development is of high quality and supports pedestrian travel and interest through use of varied forms, materials, details and colors, especially at the ground floor; and

(e) Create compact and pedestrian-oriented environments that encourage pedestrian access and use of public transportation.

(3) CO districts are intended to be accessed primarily by employees, business visitors and customers. The district should provide context-sensitive pedestrian facilities, and site plans that facilitate nonmotorized connections between developments within the office development area, as well as between neighboring developments. This district should also provide access and space for public transportation services with nearby stops (existing or planned).

(4) Conditional upon a Planning Board special permit, the CO District allows for related and unrelated retail uses that complement the character and scale of the area. The purpose of incorporating retail uses is to reduce the number of automobile trips in the area and support local business activity. Incorporating retail venues providing services to local employees (e.g., food, common retail goods or informal meeting space) as well as a safe and accessible pedestrian environment can help reduce automobile trips by providing services within walking distance of employment centers. The retail uses can also support local business by providing flexible use of facilities.

B. Zoning district.

(1) The area and boundaries of this district are hereby established as shown on a map entitled Zoning Map of the Town of Clarkstown, adopted June 30, 1967, and as further amended. Such map, referred to herein as the "Zoning Map," together with everything shown thereon, is on file in the office of the Town Clerk.

C. Application.

(1) The provisions of this chapter apply to all new development, redevelopment, exterior alterations, change of use, site plan alteration within the Commercial Office District.

D. Use Schedule.

(1) CO District use requirements can be found in § 290-11, Use and bulk tables, Subsection A, entitled Table of General Use Regulations.

E. Dimensional standards and density.

(1) The density and intensity of development, lot coverage, dimensions of lots, building height, building setback shall be governed by the standards illustrated in § 290-11, Use and bulk tables, Subsection B, entitled Table of General Bulk Regulations.

(2) Parcels in this zone that are contiguous and maintain the same ownership (individual or organization) may be considered as a single joined site. In such cases, yard requirements between the mapped individual parcels will not apply. However, all requirements relating to the perimeter of the joined parcels shall apply.

F. Area and Bulk Schedule.

(1) CO District area and bulk requirements can be found in § 290-11, Use and bulk tables, Subsection B, entitled Table of General Bulk Regulations.

G. Permitted uses.

(1) Permitted uses are as-of-right uses that do not require a special permit. In general, as-of-right permitted uses in the CO District include:

(a) Office uses for business activities such as business management, financial management, engineering and design, government services and consulting;

(b) Light industrial uses of low intensity appropriate and compatible with office settings such as technical and medical research, technology manufacturing or testing, the maintenance and repair of the types of products manufactured, processed or assembled at these businesses, data storage, wholesale sales, distribution, warehousing and commercial motor vehicle fueling stations; and

[Amended 3-12-2024 by L.L. No. 3-2024]

(c) Other uses, including firehouse, police and ambulance stations, bus or passenger rail terminals or stations, community centers, health clubs, schools for industrial or business training.

H. Conditional uses. Conditional uses require a special permit from the Planning Board, the Zoning Board of Appeals, or the Town Board. Conditional uses permitted in this district include:

(1) Related retail and unrelated retail uses which are complementary and/or adjunct to the primary building use, and that fit the character and scale of the district;

(2) Outdoor dining that is incidental to and in conjunction with an established indoor dining establishment;

(3) Child day-care centers;

(4) Public utilities, substations, telephone exchange centers and utility rights-of-way;

(5) Public utility right-of-way towers and lines;

(6) (Reserved);

(7) Railroad right-of-way (ROW).

I. Use restrictions and guidance.

(1) Ground floor preferred uses and building access.

(a) Commercial use access should typically not be located from an interior hallway, in order to maintain a pedestrian connection to the street. This does not preclude the use of outdoor promenades; however, care should be taken in the design of the structure to maintain pedestrian connections and visibility between the street and the entrance.

(b) Retail uses shall be located on the ground floor of the building. This is to encourage accessibility and provide visual and pedestrian access to the street or access roadway. Such access supports a vibrant and safe pedestrian environment.

(2) Retail.

(a) Related retail and unrelated retail uses are conditionally permitted in the CO Zoning District by the Planning Board. Related retail and unrelated retail uses must be included as part of a multiuse structure primarily occupied by commercial office or light industrial uses. The preferred related retail uses in this district are a limited retail outlet as an adjunct to (related to or directly associated with) a manufacturing, distribution or warehousing use permitted and located in the district. This does not preclude uses that are distinct from the primary building commercial or light industrial uses.

(b) A related retail use may occupy up to 25% of the floor area of the principal use, not to exceed 5,000 square feet of floor area per building. An unrelated retail use may occupy up to 25% of the floor area of the building, not to exceed 3,000 square feet of floor area per building. The combination of related and unrelated retail uses shall not exceed 5,000 square feet per building. The remaining floor area must be occupied by one or more of the commercial and light industrial uses permitted as-of-right in this district. The calculation does not include outdoor space used for seating associated with dining establishments.

(c) The retail use should be accessible through an entrance that is separate and distinct from the entrances to the primary manufacturing, distribution or warehouse uses. As stated above, this does not preclude the use of an outdoor promenade.

(d) Drive-throughs, drive-ins and other curbside services and similar pickup facilities are not permitted as part of the retail use.

(3) Outdoor dining that is incidental to and in conjunction with an established indoor dining establishment.

(a) Outdoor dining that is incidental to and in conjunction with an established permitted restaurant, cafe or delicatessen shall be permitted upon the approval and granting of a conditional use special permit, provided that the establishment of such an accessory use has no deleterious effect on the public health, safety or welfare, nor negative effect on adjoining businesses.

(b) The Building Inspector may prohibit or limit the hours of operation of any activities that may impact adjacent or nearby properties, such as the operation or use of musical instruments or sound reproduction devices, or any noise emanating from the outdoor dining establishment area other than conversational and service sounds.

(c) Permission to serve alcoholic beverages at outdoor dining establishment shall be contingent upon the applicant obtaining written approval from the New York State Liquor Authority to serve such alcoholic beverages at the location of the outdoor dining establishment.

(d) The restaurant shall not serve food or beverage to a patron at an outdoor dining facility unless that patron is seated at a table.

(e) Hours of operation of the outdoor dining establishment shall cease at 1:00 a.m. of the morning following an evening of food and beverage service.

(4) Facade and setbacks.

(a) Buildings shall have one or more pedestrian entrances located on the front facade and facing the street. A building located on a corner may have an angled entrance at the corner of the two streets. The entrance setbacks should reflect adjacent buildings. The pedestrian entrance(s) shall be operable during normal hours of business operation.

(b) The distance between any two principal building structures shall be not less than the height of the tallest of the two buildings. The distance between any principal structure and any accessory building or between two detached accessory buildings shall be not less than 20 feet, and no parking shall be located within this area.

(5) Sidewalks and access management.

(a) Sidewalks conforming to Clarkstown specifications shall be provided along the street frontage of the lot within the right-of-way of any street located adjacent to a lot. The sidewalk material shall be continuous through any driveway.

(b) Uses in CO districts should be designed to be accessible directly from major roadways, and shall follow the site plan review regulations in the Town Code. In no case shall access extend along the length of street frontage, nor shall the nearest edge of any curb cut be located any less than 50 feet from any intersection between public streets, measured from the corner of and along the lot line of the site. Shared access between adjacent properties is encouraged and may be subject to review by the Town in order to reduce congestion and improve safety.

(6) Surface parking. Surface parking should be located as much as possible to the rear of the building, and to the side of the principal building, to maintain exposure of the building frontage/facade to the street. Indoor shared parking should be considered with the appropriate design treatments. Indoor parking shall generally be integrated within the principal building or constructed as a separate structure behind the principal building. The number of required off-street parking spaces in the district may be reduced through an arrangement of shared parking, staggered parking and/or a demand reduction. The following sections add detail regarding parking allowances, as permitted in § 290-24H.

(a) Shared parking. Shared parking is to be encouraged for all uses in the district. Access to the district should be minimized to reduce dangers associated with vehicle access and egress on major roadways. Truck loading, unloading and parking should be placed on the rear side of the building (the side furthest from the nearest major roadway). Two or more adjacent property owners who merge or connect their parking areas into a common shared lot may qualify for a number of parking space credits to be applied toward meeting their minimum parking requirement. Table 290-7.6, I.6.a-1 illustrates the credits available for two to four adjoining lots. The number of credits depends on the number of shared parking spaces between the individual property owners. Any credited spaces can be counted toward the sum of the combined parking area to meet the property owners' cumulative minimum parking requirements.

Table 290-7.6, I.6.a-1
Shared Parking Space Credits
Total Number of Shared Parking Spaces	Total Number of Parking Credits
	2 Properties Shared	3 Properties Shared	4 Properties Shared
2 to 10	2	3	4
10 to 19	3	4	5
20 to 29	4	5	6
30 to 39	5	6	7
40 to 49	6	7	8
Curb cut eliminated	Plus 5 parking credit for each curb cut eliminated or shared between properties

NOTE: Property owners with 50 or more shared parking spaces shall receive one additional parking credit for every 10 additional shared parking spaces.

[1] To qualify for any shared parking credits, the individual parking areas must be physically configured, merged or otherwise directly connected and approved by the Planning Board and the majority of the parking spaces must be unreserved. The Town Attorney may determine if a shared maintenance agreement would be required in order to qualify for the credits.

[2] Property owners who are interested in reconfiguring their parking or creating such shared arrangements shall obtain Planning Board approval in order to qualify for any parking space credits. Shared parking proposals must include site plans (drawn to scale) of both existing and proposed conditions, site photographs and an aerial photo for consideration.

[3] The Planning Board may require alterations to the proposed site plan, including but not limited to one-way circulation routes, enter-only driveways, trees to be saved, modification of accessways, elimination of curb cuts, or similar provisions.

[4] Any new shared parking area(s) created must be located along the side or rear of a property in keeping with the zoning requirements for parking setbacks; however, preexisting front yard parking spaces may be counted as part of a shared arrangement. Approved shared parking areas are not required to meet the side and rear yard setback and buffer requirements as needed to connect or merge their parking areas over two or more properties.

[5] Shared parking needs and their credits are calculated as cumulative totals for all properties that participate in a shared parking arrangement.

[6] Reconfigured or otherwise connected parking lot designs are not required to result in a net increase in the total number of physical spaces to be eligible for shared parking credits.

[7] Any credits given for consolidated curb cuts or shared driveways are applied only to the properties fronting on that street who would share the common drive. In order for the credit to be applied, the Planning Board may require that the number of curb cuts on that street serving the participating properties be reduced.

[8] Shared parking credits may be combined with staggered hours parking and demand reductions to determine total parking needs.

[9] Properties which successfully reconfigure their parking and access to meet the minimum parking requirements with the approval of the Planning Board shall be considered conforming.

[10] Design alternatives which include consolidation of parking areas and driveways so that one or more driveways/curb cuts are eliminated are preferred.

(b) Staggered hours parking. Property owners who share parking area with neighboring property owners may qualify for an additional reduction in the parking space requirement by illustrating a staggered demand schedule over the course of a typical day. Staggered demand refers to adjoining uses that do not require parking spaces during the same times of day, which allows a parking area to serve multiple uses with a reduced number of parking spaces than would otherwise be required. Table 290-7.6, I.6.b-1 illustrates the expected parking needs over the course of a typical day for different land uses. To calculate the staggered parking adjusted minimum parking requirement, the percentages shown would be applied against the required parking minimums for each use. The number of spaces needed for all the uses is summed for each time period. The highest combined total of all the uses becomes the adjusted minimum parking requirement for the shared parking lot.

Table 290-7.6, I.6.b-1
Sample Adjustments for Staggered Hours Parking
Use Type	Weekday Parking Needs			Weekend Parking Needs
	8:00 a.m. to 6:00 p.m.	6:00 p.m. to 12:00 midnight	12:00 midnight to 8:00 a.m.	8:00 a.m. to 6:00 p.m.	6:00 p.m. to 12:00 midnight	12:00 midnight to 8:00 a.m.
Office	100%	20%	5%	5%	5%	5%
Retail/ commercial	90%	80%	5%	100%	70%	5%
Restaurant	70%	100%	10%	70%	100%	20%
Civic institution	100%	20%	5%	10%	10%	5%
Bar/ entertain-ment	40%	100%	10%	80%	100%	10%

Table 290-7.6, I.6.b-2 provides an example of adjustments that could be made for two adjacent properties whose owners propose a shared parking lot. In this example, one property contains an office building that requires 30 parking spaces, and the other contains a retail use that requires 30 parking spaces. Separately, they would need a total of 60 spaces; however, since their peak demands are at different times, they can allow for some overlap. During weekday business hours (8:00 a.m. to 6:00 p.m.), office uses require 100% of their parking, so they would need 30 parking spaces. During that same period, retail uses require 90% of their total parking, and would need 27 spaces. The required minimum parking requirement in this example would be 57 spaces, or three less than the unadjusted minimum parking requirement.

Table 290-7.6, I.6.b-2
Staggered Hours Parking Adjustment Table
(example for two adjacent properties)
Use Type	Weekday Parking Needs			Weekend Parking Needs
	8:00 a.m. to 6:00 p.m.	6:00 p.m. to 12:00 midnight	12:00 midnight to 8:00 a.m.	8:00 a.m. to 6:00 p.m.	6:00 p.m. to 12:00 midnight	12:00 midnight to 8:00 a.m.
Office	30 (100%)	6 (20%)	2 (5%)	2 (5%)	2 (5%)	2 (5%)
Retail	27 (90%)	24 (80%)	30 (100%)	30 (100%)	21 (70%)	2 (5%)
Total Spaces	57	30	32	32	22	4

NOTES: Adjusting for fluctuations in demand, this shared parking area would have the highest combined peak demand of 57 spaces during the time slot of 8:00 a.m. to 6:00 p.m. The remaining time slots total less than that, so this parking area would only be required to provide a minimum of 57 spaces instead of the original 60.

[1] To qualify for any staggered parking credits, the staggered parking arrangement must be approved by the Planning Board. Property owners who are interested in reconfiguring their parking or creating such shared arrangements shall obtain Planning Board approval in order to qualify for any staggered hours parking credits. Staggered hours parking proposals should, at a minimum, include site plans (drawn to scale) of both existing and proposed conditions, proposed uses and their associated demand calculations for consideration.

[2] These calculations must be included with any request submitted to the Planning Board for a reduction in the minimum parking requirements. The Planning Board may deny a reduction request, or may use modified percentages than those shown in Table b-1, to address project or site-specific concerns as deemed necessary.

[3] The adjusted number of parking spaces calculated is a minimum. The Planning Board may require higher numbers based on specific characteristics of the site, proposed uses or potential future uses.

[4] Staggered hours parking is calculated as totals for all participating properties and uses that agree to the shared parking arrangement.

[5] Any reduction in the minimum number of parking spaces permitted only applies to the properties and/or uses agreeing to the shared parking arrangement.

[6] Staggered hours parking may be combined with shared parking credits and demand reductions to determine total parking needs.

[7] The Planning Board may require alterations to the proposed site plan, including but not limited to new landscaping or screening, reconfigured parking arrangements, relocated signage or trees to be saved.

[8] Properties which successfully reconfigure their parking and access to meet the minimum parking requirements with the approval of the Planning Board shall be considered conforming.

(c) Demand reduction. Applicants may request that the minimum number of required off-street parking spaces be reduced for their use if they can clearly demonstrate to the Planning Board that their business does not need the minimum required parking spaces for day-to-day operations. Such demonstrations should include data from prior business periods, such as peak-hour sales counts or similar activity information to illustrate needs. Parking requirements for professional offices and similar establishments may be reduced by the Planning Board, for example, if the owners/operators demonstrate that a sufficient number of employees would be carpooling, traveling, working from home or otherwise away from the office during a typical work week.

(d) Insufficient parking. Any existing property which proposes an expansion or change in use which requires more parking shall be required to recalculate the total number of parking spaces required, along with the number of existing spaces located on site, and submit this information with their application to the Town. If the number of required parking spaces is determined by the Building Inspector to exceed the existing number of spaces, the application shall be referred to the Planning Board for review. The Planning Board may accept one or more of the following solutions as meeting the parking requirement:

[1] Additional parking spaces provided on site through an acceptable shared parking arrangement.

[2] Reductions in size of any proposed expansion.

[3] Reductions in the size or intensity of the proposed use change, including but not limited to a denial of the change of use.

(e) The applicant shall attempt to meet his/her minimum parking requirements by adding additional spaces on site and/or through a shared parking arrangement prior to seeking a variance for any insufficient parking.

(f) The Planning Board is authorized to require that additional parking spaces be provided on site if, in their determination, the required minimum number of spaces is insufficient to meet the needs of the property or use.

J. (Reserved)[1]

[1] Editor's Note: Former Subsection J, Electric vehicle charging, was repealed 7-18-2017 by L.L. No. 7-2017. See now § 290-22C.

K. Fueling stations.

(1) Purpose. This section addresses motor vehicle fuel dispensing for a variety of fuels, including fuels other than gasoline and diesel (alternative fuels). Using alternative fuels supports the Town of Clarkstown Comprehensive Plan transportation and environmental goals.

(2) Allowed uses.

(a) Gasoline stations for the supply of gasoline or diesel fuel to commercial vehicles (i.e., private fleets) shall be permitted in CO districts.

(b) Propane stations, CNG stations, biodiesel stations, hydrogen and Level 3 electric fueling stations to serve commercial vehicles (i.e., private fleets) shall be permitted in CO districts.

(c) (Reserved)

(3) All gasoline pumps and service facilities shall be set back at least 20 feet from the front lot line.

(4) The site shall be no closer than 300 feet to a school, church or similar place of assembly, and no closer than 1,000 feet to an existing gasoline filling station or to a location where a special permit has been granted for a gasoline filling station, property line to property line, both measurements to be measured in any direction. This provision shall not apply to gasoline filling stations existing or proposed on opposite sides of a highway divided by a non-crossable median, except that if the property is located at an intersection, the Planning Board may waive this distance requirement; provided, however, that the Board makes a special finding of fact to support this determination. An "existing gasoline filling station" shall mean and include property upon which a valid special permit exists and upon which a gasoline filling station is not yet constructed.

L. Development bonuses. An applicant may choose the following development bonus option:

[Amended 2-5-2019 by L.L. No. 2-2019]

(1) Stormwater runoff. Developments which incorporate plans with reduced stormwater runoff are eligible for maximum FARs at the following levels:

Stormwater Management Level	FAR
Meeting minimum stormwater management criteria	0.40
Reduce runoff rate by at least 15%	0.45
Reduce runoff rate by at least 20%	0.50

(2) (Reserved)

§ 290-7.7 Commercial Office Support District.

[Added 8-5-2014 by L.L. No. 8-2014]

A. Purpose and intent.

(1) The Commercial Office Support (COS) District provides commercial and retail land uses that support the CO District's "office park" setting on major transportation corridors. The primary use is intended to be a variety of commercial office, research and other similar activities. Light industrial uses, such as technology research that operates in an office-like setting and are compatible with commercial office uses, are generally allowed. The COS District permits retail uses that complement the character and scale of the area while serving employees working within approximately 1/2 mile of the location.

(2) The COS District is intended to:

(a) Encourage commercial mixed-use and medium-density commercial office development, conversion and reuse of aging and underutilized areas, and more efficient use of land at key development areas with access to major transportation corridors;

(b) Ensure that the appearance and function of development is integrated with and complements surrounding neighborhoods;

(c) Create compact and pedestrian-oriented environments that encourage pedestrian access and use of public transportation;

(d) Ensure that development is of high quality and provides pedestrian scale and interest through use of varied forms, materials, details and colors, especially at the ground floor; and

(e) Concentrate a variety of commercial services that serve the surrounding community and support local job creation.

(3) The COS District is intended to provide related services to employees and customers in nearby CO districts. The COS District is similar in use to the CO District, but generally allows for smaller-scale development to accommodate smaller lot sizes. The district requires context-sensitive pedestrian facilities, and site plans that facilitate nonmotorized connections to developments within office parks, and other neighboring compatible developments. The COS District should provide access and space for public transportation services.

(4) The COS District permits limited retail uses that complement the character and scale of the area while serving employees working within approximately 1/2 mile of the district. The purpose of incorporating retail uses is to reduce the number of automobile trips needed for incidental needs for local employees such as food, common retail goods or informal meeting space. The retail uses should not generate significant automobile or heavy truck traffic. Retail uses are not intended to comprise a majority of the parcels in an office-park setting, nor the majority of available square footage in multiuse buildings.

B. Zoning district.

(1) The area and boundaries of this district are hereby established as shown on a map entitled Zoning Map of the Town of Clarkstown, adopted June 30, 1967, and as further amended. Such map, referred to herein as the "Zoning Map," together with everything shown thereon, is on file in the office of the Town Clerk.

C. Application.

(1) The provisions of this chapter apply to all new development, redevelopment, exterior alterations, change of use, site plan alteration within the Commercial Office District.

D. Use Schedule.

(1) COS District use requirements can be found in § 290-11, Use and bulk tables, Subsection A, entitled Table of General Use Regulations.

E. Dimensional standards and density.

(1) The density and intensity of land uses, lot coverage, lot area, building height, and setbacks shall be governed by the standards illustrated in § 290-11, Use and bulk tables, Subsection B, entitled Table of General Bulk Regulations.

(2) Minimum side and rear yard setbacks shall not be applicable between parcels under the same ownership within the district, but do apply along the perimeter of the district. For more detail, see the bulk table for this district.

F. Area and Bulk Schedule.

(1) COS District area and bulk requirements can be found in § 290-11, Use and bulk tables, Subsection B, entitled Table of General Bulk Regulations.

G. Permitted uses.

(1) Permitted uses are as-of-right uses that do not require a special permit. In general, permitted uses in the COS district include:

(a) Office uses for business activities such as business management, financial management, engineering and design, government services and consulting;

(b) Light industrial uses of low intensity appropriate and compatible with office settings such as technical and medical research, and technology manufacturing or testing, data processing, warehousing, as well as machine and automotive repair services;

(c) Retail and dining uses which complement the established character and scale of the area such as pharmacy, office supply, or electronic goods, tailors, cleaning drop-off centers, photography studios and dining establishments. Ideal uses would be directly related to uses or businesses located in the same building or facility;

(d) Other uses including firehouse, police and ambulance stations, bus or passenger rail terminals or station, community centers, libraries, art galleries, artist studios and similar shared-use facilities or workshops, medical clinics and veterinary hospitals, health clubs and schools for industrial or business training.

H. Conditional uses. Conditional uses require a special permit from the Planning Board, the Zoning Board of Appeals, or the Town Board. Conditional uses permitted in this district include:

(1) Child day-care centers;

(2) Outdoor dining that is incidental to and in conjunction with an established indoor dining establishment.

(3) Public utilities, substations, telephone exchange centers and utility rights-of-way;

(4) Funeral homes; and

(5) Auto laundries.

I. Use restrictions and guidance.

(1) Ground floor preferred uses and building access.

(a) Commercial use access should typically not be located from an interior hallway, in order to maintain a pedestrian connection to the street. This does not preclude the use of outdoor promenades; however, care should be taken in the design of the structure to maintain pedestrian connections and visibility between the street and the entrance.

(b) Retail uses shall be located on the ground floor of the building. This is to encourage accessibility and provide visual and pedestrian access to the street or access roadway. Such access supports a vibrant and safe pedestrian environment

(2) Outdoor dining that is incidental to and in conjunction with an established indoor dining establishment.

(a) Outdoor dining that is incidental to and in conjunction with an established permitted restaurant, cafe or delicatessen shall be permitted upon the approval and granting of a conditional use special permit; provided that the establishment of such an accessory use has no deleterious effect on the public health, safety or welfare, nor negative effect on adjoining businesses. The following outlines the conditions required for application and operation.

(b) The Building Inspector may prohibit or limit the hours of operation of any activities that may impact adjacent or nearby properties, such as the operation or use of musical instruments or sound reproduction devices, or any noise emanating from the outdoor dining establishment area other than conversational and service sounds.

(c) Permission to serve alcoholic beverages at outdoor dining establishment shall be contingent upon the applicant obtaining written approval from the New York State Liquor Authority to serve such alcoholic beverages at the location of the outdoor dining establishment.

(d) The restaurant shall not serve food or beverage to a patron at an outdoor dining facility unless that patron is seated at a table.

(e) Hours of operation of the outdoor dining establishment shall cease at 1:00 a.m. of the morning following an evening of food and beverage service.

(3) Facade and setbacks.

(a) Buildings shall have one or more pedestrian entrances located on the front facade and facing the street. A building located on a corner may have an angled entrance at the corner of the two streets. The entrance setbacks should reflect adjacent buildings. The pedestrian entrance(s) shall be operable during normal hours of business operation.

(b) The distance between any two principal building structures shall be not less than the height of the tallest of the two buildings. The distance between any principal structure and any accessory building or between two detached accessory buildings shall be not less than 20 feet, and no parking shall be located within this area.

(4) Sidewalks and access management.

(a) Sidewalks conforming to Clarkstown specifications shall be provided along the street frontage of the lot within the right-of-way of any street located adjacent to a lot. The sidewalk material shall be continuous through any driveway.

(b) Uses on COS districts should be designed to be accessible directly from major roadways, and shall follow the site plan review regulations in the Town Code. In no case shall access extend along the length of street frontage, nor shall the nearest edge of any curb cut be located any less than 50 feet from any intersection between public streets, measured from the corner of and along the lot line of the site. Shared access between adjacent properties is encouraged and may be subject to review by the Town in order to reduce congestion and improve safety.

(5) Surface parking. Surface parking should be located as much as possible to the rear of the building, and to the side of the principal building, to maintain exposure of the building frontage/facade to the street. Indoor shared parking should be considered with the appropriate design treatments. Indoor parking shall generally be integrated within the principal building or constructed as a separate structure behind the principal building. The number of required off-street parking spaces in the district may be reduced through an arrangement of shared parking, staggered parking and/or a demand reduction. The following sections add detail regarding parking allowances, as permitted in § 290-24H.

(a) Shared parking. Shared parking is to be encouraged for all uses in the district. Access to the district should be minimized to reduce dangers associated with vehicle access and egress on major roadways. Truck loading, unloading and parking should be placed on the rear side of the building (the side furthest from the nearest major roadway). Two or more adjacent property owners who merge or connect their parking areas into a common shared lot may qualify for a number of parking space credits to be applied toward meeting their minimum parking requirement. Table 290-7.7, I.5.a-1 illustrates the credits available for two to four adjoining lots. The number of credits depends on the number of shared parking spaces between the individual property owners. Any credited spaces can be counted toward the sum of the combined parking area to meet the property owners' cumulative minimum parking requirements.

Table 290-7.7, I.5.a-1
Shared Parking Space Credits
Total Number of Shared Parking Spaces	Total Number of Parking Credits
	2 Properties Shared	3 Properties Shared	4 Properties Shared
Less than 10	0	0	0
10 to 19	1	2	3
20 to 29	2	3	4
30 to 39	3	4	5
40 to 49	4	5	6
Curb cut eliminated	Plus 1 parking credit for each curb cut eliminated or shared between properties.

NOTE: Property owners with 50 or more shared parking spaces shall receive one additional parking credit for every 10 additional shared parking spaces.

[1] To qualify for any shared parking credits, the individual parking areas must be physically configured, merged or otherwise directly connected and approved by the Planning Board and the majority of the parking spaces must be unreserved. The Town Attorney may determine if a shared maintenance agreement would be required in order to qualify for the credits.

[2] Property owners who are interested in reconfiguring their parking or creating such shared arrangements shall obtain Planning Board approval in order to qualify for any parking space credits. Shared parking proposals must include site plans (drawn to scale) of both existing and proposed conditions, site photographs and an aerial photo for consideration.

[3] The Planning Board may require alterations to the proposed site plan, including but not limited to one-way circulation routes, enter-only driveways, trees to be saved, modification of accessways, elimination of curb cuts, or similar provisions.

[4] Any new shared parking area(s) created must be located along the side or rear of a property in keeping with the zoning requirements for parking setbacks; however, preexisting front yard parking spaces may be counted as part of a shared arrangement. Approved shared parking areas are not required to meet the side and rear yard setback and buffer requirements as needed to connect or merge their parking areas over two or more properties.

[5] Shared parking needs and their credits are calculated as cumulative totals for all properties that participate in a shared parking arrangement.

[6] Reconfigured or otherwise connected parking lot designs are not required to result in a net increase in the total number of physical spaces to be eligible for shared parking credits.

[7] Any credits given for consolidated curb cuts or shared driveways are applied only to the properties fronting on that street who would share the common drive. In order for the credit to be applied, the Planning Board may require that the number of curb cuts on that street serving the participating properties be reduced.

[8] Shared parking credits may be combined with staggered hours parking and demand reductions to determine total parking needs.

[9] Properties which successfully reconfigure their parking and access to meet the minimum parking requirements with the approval of the Planning Board shall be considered conforming.

[10] Design alternatives which include consolidation of parking areas and driveways so that one or more driveways/curb cuts are eliminated are preferred.

(b) Staggered hours parking. Property owners who share parking area with neighboring property owners may qualify for an additional reduction in the parking space requirement by illustrating a staggered demand schedule over the course of a typical day. Staggered demand refers to adjoining uses that do not require parking spaces during the same times of day, which allows a parking area to serve multiple uses with a reduced number of parking spaces than would otherwise be required. Table 290-7.7, I.5.b-1 illustrates the expected parking needs over the course of a typical day for different land uses. To calculate the staggered parking adjusted minimum parking requirement, the percentages shown would be applied against the required parking minimums for each use. The number of spaces needed for all the uses is summed for each time period. The highest combined total of all the uses becomes the adjusted minimum parking requirement for the shared parking lot.

Table 290-7.7, I.5.b-1
Sample Adjustments for Staggered Hours Parking
Use Type	Weekday Parking Needs			Weekend Parking Needs
	8:00 a.m. to 6:00 p.m.	6:00 p.m. to 12:00 midnight	12:00 midnight to 8:00 a.m.	8:00 a.m. to 6:00 p.m.	6:00 p.m. to 12:00 midnight	12:00 midnight to 8:00 a.m.
Office	100%	20%	5%	5%	5%	5%
Retail/ commercial	90%	80%	5%	100%	70%	5%
Restaurant	70%	100%	10%	70%	100%	20%
Civic institution	100%	20%	5%	10%	10%	5%
Bar/ entertain-ment	40%	100%	10%	80%	100%	10%

Table 290-7.7, I.5.b-2 provides an example of adjustments that could be made for two adjacent properties whose owners propose a shared parking lot. In this example, one property contains an office building that requires 30 parking spaces, and the other contains a retail use that requires 30 parking spaces. Separately, they would need a total of 60 spaces; however, since their peak demands are at different times, they can allow for some overlap. During weekday business hours (8:00 a.m. to 6:00 p.m.), office uses require 100% of their parking, so they would need 30 parking spaces. During that same period, retail uses require 90% of their total parking, and would need 27 spaces. The required minimum parking requirement in this example would be 57 spaces, or three less than the unadjusted minimum parking requirement.

Table 290-7.7, I.5.b-2
Staggered Hours Parking Adjustment Table
(Example for Two Adjacent Properties)
Use Type	Weekday Parking Needs			Weekend Parking Needs
	8:00 a.m. to 6:00 p.m.	6:00 p.m. to 12:00 midnight	12:00 midnight to 8:00 a.m.	8:00 a.m. to 6:00 p.m.	6:00 p.m. to 12:00 midnight	12:00 midnight to 8:00 a.m.
Office	30 (100%)	6 (20%)	2 (5%)	2 (5%)	2 (5%)	2 (5%)
Retail	27 (90%)	24 (80%)	30 (100%)	30 (100%)	21 (70%)	2 (5%)
Total Spaces	57	30	32	32	22	4

NOTES: Adjusting for fluctuations in demand, this shared parking area would have the highest combined peak demand of 57 spaces during the time slot of 8:00 a.m. to 6:00 p.m. The remaining time slots total less than that, so this parking area would only be required to provide a minimum of 57 spaces instead of the original 60.

[1] To qualify for any staggered parking credits, the staggered parking arrangement must be approved by the Planning Board. Property owners who are interested in reconfiguring their parking or creating such shared arrangements shall obtain Planning Board approval in order to qualify for any staggered hours parking credits. Staggered hours parking proposals should, at a minimum, include site plans (drawn to scale) of both existing and proposed conditions, proposed uses and their associated demand calculations for consideration.

[2] These calculations must be included with any request submitted to the Planning Board for a reduction in the minimum parking requirements. The Planning Board may deny a reduction request, or may use modified percentages than those shown in Table b-1, to address project or site-specific concerns as deemed necessary.

[3] The adjusted number of parking spaces calculated is a minimum. The Planning Board may require higher numbers based on specific characteristics of the site, proposed uses or potential future uses.

[4] Staggered hours parking is calculated as totals for all participating properties and uses that agree to the shared parking arrangement.

[5] Any reduction in the minimum number of parking spaces permitted only applies to the properties and/or uses agreeing to the shared parking arrangement.

[6] Staggered hours parking may be combined with shared parking credits and demand reductions to determine total parking needs.

[7] The Planning Board may require alterations to the proposed site plan, including but not limited to new landscaping or screening, reconfigured parking arrangements, relocated signage or trees to be saved.

[8] Properties which successfully reconfigure their parking and access to meet the minimum parking requirements with the approval of the Planning Board shall be considered conforming.

(c) Demand reduction. Applicants may request that the minimum number of required off-street parking spaces be reduced for their use if they can clearly demonstrate to the Planning Board that their business does not need the minimum required parking spaces for day-to-day operations. Such demonstrations should include data from prior business periods, such as peak-hour sales counts or similar activity information to illustrate needs. Parking requirements for professional offices and similar establishments may be reduced by the Planning Board, for example, if the owners/operators demonstrate that a sufficient number of employees would be carpooling, traveling, working from home or otherwise away from the office during a typical work week.

(d) Insufficient parking. Any existing property which proposes an expansion or change in use which requires more parking shall be required to recalculate the total number of parking spaces required, along with the number of existing spaces located on site, and submit this information with their application to the Town. If the number of required parking spaces is determined by the Building Inspector to exceed the existing number of spaces, the application shall be referred to the Planning Board for review. The Planning Board may accept one or more of the following solutions as meeting the parking requirement:

[1] Additional parking spaces provided on site through an acceptable shared parking arrangement.

[2] Reductions in size of any proposed expansion.

[3] Reductions in the size or intensity of the proposed use change, including but not limited to a denial of the change of use.

(e) The applicant shall attempt to meet his/her minimum parking requirements by adding additional spaces on site and/or through a shared parking arrangement prior to seeking a variance for any insufficient parking.

(f) The Planning Board is authorized to require that additional parking spaces be provided on site if, in their determination, the required minimum number of spaces is insufficient to meet the needs of the property or use.

(6) Automobile service and repair. Automobile service and repair, or automobile parts installation, may not occur within 300 feet of residential uses. Locations with automobile service must be located on a major arterial roadway. Automobile services must take place in an enclosed facility. Parking for vehicles while staged and left overnight should be placed to the rear or side of the primary facility to the extent possible. A main office or entry to the primary facility should be well marked and provide direct visual and travel connections to the arterial roadway.

J. Development bonuses. An applicant may choose the following development bonus option:

[Amended 2-5-2019 by L.L. No. 2-2019]

(1) Stormwater runoff. Developments which incorporate plans with reduced stormwater runoff are eligible for maximum FARs at the following levels:

Stormwater Management Level	FAR
Meeting minimum stormwater management criteria	0.50
Reduce runoff rate by at least 15%	0.525
Reduce runoff rate by at least 20%	0.55

(2) (Reserved)

§ 290-7.8 Hamlet of Nanuet Transit Oriented Development (TOD) Zoning.

[Added 6-25-2019 by L.L. No. 9-2019]

A. Purpose and intent. The Town of Clarkstown worked with residents, landowners and business owners to help define a vision for the future growth and desired character of the Hamlet of Nanuet, which are key recommendations in the 2009 Town of Clarkstown Comprehensive Plan, and the 2011 Commercial Corridor Transportation and Land Use Study. The result of this process was the development of the Nanuet Transit Oriented Development (TOD) Plan, which was completed in 2018. The purpose and intent of this section is to enable and encourage many of the ideas and recommendations from those efforts, that aim to develop a vibrant, walkable, and aesthetically pleasing mixed-use neighborhood that better connects Nanuet's Hamlet Center to surrounding neighborhoods, encourages public transit use, discourages automobile dependency, and provides high-quality, affordable, and sustainable housing. The implementation of these ideas is expected to be advanced through the following general understandings:

(1) That certain Nanuet TOD neighborhoods should ideally be compact, pedestrian oriented and mixed-use where ordinary activities of daily living can occur within walking distance, allowing more independence to those who do not drive.

(2) That growth strategies for the Nanuet TOD districts should encourage infill and more efficient redevelopment of existing lands.

(3) That buildings and landscaping should work together to create meaningful outdoor public spaces.

(4) That within neighborhoods, a range of housing types should be provided to accommodate diverse ages and incomes.

(5) That the overall design and density of certain TOD districts should reflect the character of a traditional small town Main Street.

(6) That meeting the growing parking needs of the Nanuet TOD can best be achieved by encouraging a comprehensive system of shared or dedicated parking areas.

(7) That the character of the Nanuet TOD should be defined by building form, architecture and landscaping - not by parking lots.

(8) That development should adequately accommodate automobiles while respecting the pedestrian and the important spatial form of public areas.

(9) That new development should be sensitive to the existing neighborhoods and carefully designed to minimize adverse impacts to quality of life.

(10) That civic buildings and public gathering places should be provided as locations that reinforce community identity.

B. Applicability.

(1) The provisions of this section apply to all new development, redevelopment or alterations (excluding single-family residential homes) within the Nanuet TOD zoning districts, including:

(a) New construction.

(b) Additions and exterior renovations requiring a building permit.

(c) Site plan modifications requiring site plan review.

(d) Changes in use or expansions requiring Building Department review.

(e) The replacement or change of commercial signs and exterior lighting.

(2) The provisions of this section also include specific design requirements related to the following:

(a) Site plan arrangement and circulation.

(b) Area and bulk of structures.

(c) Parking lot design and arrangement.

(d) Landscaping, exterior lighting and pedestrian amenities.

(e) Commercial signs.

(f) Architectural design and exterior materials.

(3) The Town of Clarkstown is exempt from the provisions of this section.

C. Zoning districts. The Hamlet of Nanuet TOD zoning encompasses and includes the following zoning districts:

(1) Hamlet Commercial - Nanuet (HC-N). The Hamlet Commercial - Nanuet District is intended to promote development and redevelopment along the Main Street (Middletown Road) corridor in the Hamlet of Nanuet and enhance the public streetscape and pedestrian environment. New development and buildings in this district are encouraged to be mixed-use with residential over retail/commercial uses that promote an active streetscape.

(2) Transit Oriented Development 1 (TOD 1). The Transit Oriented Development 1 District is intended to provide a residential buffer between single-family residential neighborhoods and limited mixed-use developments within proximity to the Nanuet Train Station. The primary use is intended to be multifamily residential uses in the form of two- and three-story walkup residential attached townhouses or condominiums.

(3) Transit Oriented Development 2 (TOD 2). The Transit Oriented Development 2 District is intended to function as a transition district between single-family and townhouse-style residential neighborhoods and higher-density mixed-use developments located to the east of the railroad tracks and along Main Street. The primary use is principally three-and four-story residential apartments, with limited ground-floor commercial uses that cater to local residents and train station commuters.

(4) Transit Oriented Development 3 (TOD 3). The Transit Oriented Development 3 District is intended to function as a mixed-use commercial area adjacent to the Nanuet Train Station and Hamlet Commercial - Nanuet District. Zoning specifications would allow for three- and four-story mixed-use buildings, consisting primarily of studio and one-bedroom apartments on upper floors and commercial uses or parking exclusively on the first floor of each building.

D. District boundaries. The areas and boundaries of such districts are hereby established as shown on a map entitled "Zoning Map of the Town of Clarkstown," adopted June 30, 1967, and as further amended. Such map, referred to herein as the "Zoning Map," together with everything shown thereon, is on file in the office of the Town Clerk.

(1) Interpretation of boundaries. Interpretation of actual district boundaries shall be in accordance with the provisions of § 290-9, Interpretation of boundaries.

E. Area, bulk and density requirements.

(1) The area, bulk and density requirements within the HC-N District shall be as set forth below.

[Amended 10-11-2022 by L.L. No. 11-2022]

Table E-1: Area, Bulk and Density Requirements for HC-N
Lot size (minimum)
Lot size	8,000 square feet
Lot width	50 feet minimum
Building height (maximum)
Principal building	35 feet (3 stories)
Accessory building	1 story (2 stories for storage structures accessory to residential uses)
Setback - primary building
Front yard	0 feet minimum - 15 feet maximum
Side yard	0 feet or 15 feet adj commercial/25 feet minimum adj residential
Rear yard	25 feet minimum
Frontage build out minimum percent	At least 75% between minimum and maximum front setback
Buffer	n/a
Setback - accessory building
Front yard	n/a
Side yard	10 feet minimum
Rear yard	10 feet minimum
Setback - parking
Front yard	n/a
Side yard	5 feet minimum
Rear yard	5 feet minimum
Lot density and greenspace
Greenspace percent	15% minimum
Maximum floor area ratio	2.5
Residential density
Square feet of land area per unit	1,742 square feet per unit
Units per acre	25 maximum [potential for up to 35 units per acre. See § 290-7.8E(7)]
Bedrooms per unit	Studio, 1-, and 2-bedroom units (maximum of 50% 2-bedroom units)
Unit size	500 to 1,000 square feet
Commercial density
Minimum size of 1st floor commercial	100% (parking permitted)
2nd and 3rd floor commercial	Any combination of commercial and residential uses is permitted

(2) The area, bulk and density requirements within the TOD 1 District shall be as set forth below.

[Amended 10-11-2022 by L.L. No. 11-2022]

Table E-2: Area, Bulk and Density Requirements for TOD 1
Lot size (minimum)
Lot size	40,000 square feet
Lot width	150 feet minimum
Building height (maximum)
Principal building	35 feet (3 stories)
Accessory building	1 story (2 stories for storage structures accessory to residential uses)
Setback - primary building
Front yard	30 feet minimum
Side yard	n/a
Rear yard	n/a
Frontage build out minimum percent	n/a
Buffer	35-foot buffer when adjacent to a residential zoned district
Setback - accessory building
Front yard	30 feet minimum
Side yard	10 feet minimum
Rear yard	10 feet minimum
Setback - parking
Front yard	10 feet minimum
Side yard	0 feet minimum
Rear yard	35 feet minimum
Lot density and greenspace
Greenspace percent	25% minimum
Maximum floor area ratio	0.75
Maximum principal building(s) coverage	25%
Maximum lot coverage [including principal building(s) coverage]	50%
Residential density
Square feet of land area per unit	2,178
Units per acre	20 maximum [potential for up to 30 units per acre. See § 290-7.8E(7)]
Units per building	8 maximum
Bedrooms per unit	1 to 2 bedrooms (maximum of 75% 2-bedroom units)
Unit size	850 to 1,250 square feet
Commercial density	Commercial not permitted, parking permitted

(3) The area, bulk and density requirements within the TOD 2 District shall be as set forth below.

[Amended 10-11-2022 by L.L. No. 11-2022]

Table E-3: Area, Bulk and Density Requirements for TOD 2
Lot size (minimum)
Lot size	10,000 square feet
Lot width	60 feet minimum
Building height (maximum)
Principal building	45 feet (4 stories, with 4th floor setback at least 10 feet from the 3rd floor building facade when adjacent to a front yard or adjacent to a TOD 1 District)
Accessory building	1 story (2 stories for storage structures accessory to residential uses)
Setback - primary building
Front yard	5 feet minimum to 15 feet maximum
Side yard	10 feet minimum
Rear yard	30 feet minimum
Frontage build out minimum percent	At least 50% between minimum and maximum front setback
Buffer	n/a
Setback - accessory building
Front yard	5 feet minimum
Side yard	10 feet minimum
Rear yard	10 feet minimum
Setback - parking
Front yard	10 feet minimum
Side yard	5 feet minimum
Rear yard	5 feet minimum
Lot density and greenspace
Greenspace percent	20% minimum
Maximum floor area ratio	1.5
Residential density
Square feet of land area per unit	1,089 to 872
Units per acre	40 maximum [potential for up to 50 units per acre. See § 290-7.8E(7)]
Units per building	n/a
Bedrooms per unit	Studio, 1- and 2-bedroom units (maximum of 50% 2-bedroom units)
Unit size	800 to 1,150 square feet
Commercial density
Maximum size of 1st floor commercial	10% of the first floor footprint and commercial frontage must face the rail line (parking and residential permitted)

(4) The area, bulk and density requirements within the TOD 3 District shall be as set forth below.

[Amended 10-11-2022 by L.L. No. 11-2022]

Table E-4: Area, Bulk and Density Requirements for TOD 3
Lot size (minimum)
Lot size	10,000 square feet
Lot width	60 feet minimum
Building height (maximum)
Principal building	45 feet (4 stories, with 4th floor setback at least 10 feet from the 3rd floor building facade when adjacent to a front yard)
Accessory building	1 story (2 stories for storage structures accessory to residential uses)
Setback - primary building
Front yard	5 feet minimum to 15 feet maximum
Side yard	0 feet minimum but when provided 15 feet minimum
Rear yard	25 feet minimum
Frontage build out minimum percent	At least 75% between minimum and maximum front setback
Buffer	n/a
Setback - accessory building
Front yard	n/a
Side yard	10 feet minimum
Rear yard	10 feet minimum
Setback - parking
Front yard	10 feet minimum
Side yard	5 feet minimum
Rear yard	5 feet minimum
Lot density and greenspace
Greenspace percent	15% minimum
Maximum floor area ratio	1.5
Residential density
Square feet of land area per unit	1,089 to 872
Units per acre	40 maximum [potential for up to 60 units per acre. See § 290-7.8E(7)]
Units per building	n/a
Bedrooms per unit	Studios and 1 bedrooms
Unit size	500 to 850 square feet
Commercial density
Minimum size of 1st floor commercial	100% (parking permitted and residential not permitted)

(5) The distance between any two principal building structures shall be not less than the height of the tallest of the two buildings. The distance between any principal structure and any accessory building or between two detached accessory buildings shall be not less than 20 feet, and no parking shall be located within this area. However, any other provision notwithstanding, a minimum distance of 60 feet shall be maintained between the center of any window in a habitable space and any wall of the same or of another structure, the plane of which is parallel to or which intersects the plane of the wall in which said window is located at an angle of less than 90°, such distance being measured in horizontal projection at the sill level of said window.

(6) The area occupied by accessory buildings or structures shall be included in computing the maximum percentage of the lot area which may be utilized for buildings. For more information on buildings in this district please see Clarkstown Town Code § 290-20F(6) and (7).

(7) Residential density bonus. Pursuant to the authority granted by Town Law § 261-b, developments in the HC-N, TOD-1, TOD-2 and TOD-3 Districts are eligible for residential density bonuses in accordance with the following:

[Amended 10-11-2022 by L.L. No. 11-2022]

(a) Developments within the HC-N and TOD-1 Districts are eligible for a residential density bonus of an additional 10 units per acre (up to 35 units per acre maximum in the HC-N District and 30 units per acre in the TOD-1 District). The ten-unit-per acre bonus shall be granted upon the designation of at least 20% of these 10 units per acre as affordable units subject to the requirements of § 290-7.8E(8). Bonus units shall also be subject to the per-unit fee set for residential units in the HC-N and TOD-1 Zones as per Table M-1 of this chapter.

(b) Developments within the TOD 2 and TOD 3 Districts are eligible for two residential density bonuses of an additional 10 units per acre each (up to 60 units per acre maximum) in accordance with the following:

[1] Designing and constructing facilities certified by the Leadership in Energy and Environmental Design version 4.1 (LEED v4.1) or later certifications as green buildings shall grant the applicant the first additional ten-unit-per-acre bonus. The applicant must also contribute to the TOD Transportation and Beautification Improvement Fund (see § 290-7.8M) for residential units developed in excess of the as-of-right 40 units per acre.

[2] The second ten-unit-per-acre bonus shall be granted upon the designation of at least 20% of these second additional 10 units per acre as affordable units. To qualify for this second bonus, the requirements of the first bonus, as described above in § 290-7.8E(7)(b)[1], must be met and the applicant must also again contribute to the TOD Transportation and Beautification Improvement Fund (see § 290-7.8M) for residential units developed in excess of the as-of-right 40 units per acre. The affordable units shall be subject to the requirements of § 290-7.8E(8).

(8) Requirements for affordable units:

[Amended 10-11-2022 by L.L. No. 11-2022]

(a) Affordable units under this subsection must first be offered to members of a volunteer fire or emergency medical service, or U.S. military veteran, who must be in good standing within their organization.

(b) Affordable units shall be indistinguishable in character and construction from other units with regard to size, standard fixtures and appliances, and amenities, and have the same rights and responsibilities of any other unit in the development, excepting the specific provisions of this section. The ratio of studio apartments and one-bedroom and two-bedroom affordable units shall be equal to the ratio for market-rate units.

(c) Every renter or owner of an affordable unit shall certify, on a form prescribed by the Town Attorney's office, that such unit is the primary place of residence. Renters or owners of affordable units shall not be permitted to sublet said units to other parties, this being enforced by a lease restriction. No property owner shall rent or sell any affordable unit without first obtaining such verified certificate from the renter or buyer.

(d) The landowner and developer shall file a declaration with the Rockland County Clerk at the time of site plan approval identifying the units which are affordable units, and restricting their future rental or sale price under the provisions of this section. The declaration shall include a provision requiring that every deed or lease for an affordable unit shall include the following paragraph to inform all future sellers and buyers or renters that these units are affordable units subject to the provisions of this section:

"This dwelling unit is for use by income-eligible families pursuant to a special program under the Town of Clarkstown Zoning Local Law. Its future rent or sale must be to persons who qualify with the income requirements and at a price in accordance with the program at the time of execution of the lease, or any renewal thereof, or contract of sale, to be verified by the qualified agency referred to in the Clarkstown Town Code § 290-7.8E(8)(e). The Town of Clarkstown shall have the right to approve or disapprove the subsequent rental or sale of this unit based upon the income of the proposed renter or buyer and the requirements of Clarkstown Town Code § 290-7.8E(8)(a)."

(e) The Planning Board shall, as a condition to approval of an application, require the applicant to contract with a qualified agency as designated by the Town Board to administer and oversee the rental or sale of affordable units.

F. Use schedule. The allowable uses within Hamlet Districts HC-N, TOD 1, TOD 2, and TOD 3 shall be as follows:

[Amended 10-11-2022 by L.L. No. 11-2022]

Table F-1: Use Schedule
KEY:
P = Permitted
— = Not Permitted
PB = Special Permit of Planning Board
TB = Special Permit of Town Board
BOA = Special Permit of Board of Appeals
Uses	HC-N	TOD 1	TOD 2	TOD 3	Notes
District
RESIDENTIAL
Single-family residence	—	P	—	—
Two-family residence	—	P	—	—
Multifamily residence	—	P	P	P
Senior citizen housing	PB	PB	PB	PB	See § 290-17O(B)
Mixed-use residence	P	—	P	P
COMMERCIAL
Services
Automotive service and repair	BOA	—	—	BOA	See § 290-7.8H
Bank without drive-through	P	—	—	P
Child day-care center	PB	—	PB	PB	See § 290-172
Funeral home	BOA	—	—	BOA	See § 290-17P
Inn or bed-and-breakfast	P	—	—	P
Laundromat	P	—	—	P	See § 290-7.8G
Light repair and maintenance services	P	—	—	P
Parking, surface	—	P	P	P	See § 290-7.8G(6)
Parking, structured below or at grade	—	P	P	P	See § 290-7.8G(6)
Parking, structured above grade	—	—	P	P	See § 290-7.8G(6)
Personal care/services	P	—	P	P
Pet grooming	P	—	—	P	See § 290-7.8G
Professional office/services	P	—	—	P
Veterinary services	P	—	—	P	See § 290-7.8G
Retail
General retail without drive-through	P	—	—	P
Neighborhood retail without drive-through	P	—	P	P	See § 290-7.8G
Landscaping/gardening sales with outdoor display	P	—	—	P
Bar or tavern	P	—	P	P	See § 290-7.8G
Micro-brewery or brew pub	P	—	P	P	See § 290-7.8G
Restaurant without drive-through	P	—	P	P	See § 290-7.8G
Recreation
Club	P	—	P	P
Commercial amusement	BOA	—	—	BOA
Gym/fitness center	P	—	P	P
Civic
Library	P	—	P	P
Public facility, safety or government office	P	—	—	P
Public park	P	P	P	P
Public transit passenger station	TB	—	TB	TB
Accessory
Customary garage, shed or greenhouse	P	P	P	P
Family day care	—	P	—	—	§ 290-7.8I
Home occupation	—	P/BOA	—	—	See § 290-20J/See § 290-17CC
Parking, surface	P	P	P	P
Parking, structured below or at grade	P	P	P	P	See § 290-7.8I
Parking, structured above grade	—	—	P	P	See § 290-7.8I
Storage, accessory to residential use	—	P	P	P
Other accessory use, as approved	BOA	BOA	BOA	BOA

NOTES:
1:	All special permit uses shall comply with the provisions of § 290-15B.
2:	Uses lawfully existing on the date of adoption of this section shall be considered preexisting nonconforming uses.

G. Additional requirements for permitted uses.

(1) Laundromat. Dry-cleaning processing operations must be conducted off site, with facilities for customer pickup or drop-off only. Laundromat operations shall be limited to self-service washers and dryers.

(2) Pet grooming. Pet grooming operations shall be limited to indoor operations only.

(3) Veterinary services. Where on-site boarding services are permitted, all animals shall be kept indoors between the hours of 8:00 p.m. and 8:00 a.m.

(4) Neighborhood retail without drive-through. These uses serve commuter and local residents in proximity to the train station and include, but are not limited to, delis, sandwich and coffee shops, bakeries, stationary stores and newsstands, bookstores, groceries, drugstores and pharmacies.

(5) Restaurant, bar or tavern, micro-brewery or brew pub. Outdoor seating or bar areas are permitted for these uses and shall only be located in the front or side yard areas, and shall be screened from any adjacent residential districts with the effective use of landscaping, fences and other methods as directed by the Architectural Historic Review Board (AHRB). Live or recorded music made available for outdoor enjoyment shall be turned off between the hours of 10:00 p.m. and 9:00 a.m.

(6) Parking as a primary use.

[Added 10-11-2022 by L.L. No. 11-2022]

(a) Parking of all types as a primary use shall be utilized for resident, visitor and commuter parking. Vehicle storage associated with vehicle sales and/or commercial fleet parking is prohibited.

(b) Structured parking as a primary use shall be subject to the requirements of § 290-7.8I(2) and (3) below.

H. Additional requirements for special permit uses.

(1) Automotive service. Preexisting, nonconforming automotive service businesses legally existing on the effective date of this section may be allowed to expand no more than an additional 80% in floor area with grant of a special permit from the Zoning Board of Appeals. Prior to grant of a special permit, the Board of Appeals must find that the proposed expansion includes substantial enhancements to the existing site and building, including any new building construction, that meet the design guidelines of this district. Enhancements shall include additional screening and landscaping, improved site circulation, compatible signage, and modifications to the building facade of a quality that will add to and complement the character and assets of the district. Prior to issuance of a special use permit under this section, the Board of Appeals shall consult with the Planning Board and the AHRB. The special permit may be granted conditionally upon site plan approval from the Planning Board and approval of the architecture, signs and landscaping from the AHRB.

I. Additional requirements for permitted accessory uses.

(1) Family daycare.

(a) The family day-care home shall be allowed only as an accessory to a single-family detached residence. No family day-care home shall be located on a lot that includes a two-family conversion.

(b) All licensing requirements of the Department of Social Services shall be met. The certificate of occupancy shall automatically terminate upon sale of the premises or if the Department of Social Services license is revoked.

(c) A suitable, safe, designated play area shall be provided, located not less than 50 feet from any street line or 25 feet from any lot line. The play area shall include at least 200 square feet per child. The play area shall be fenced unless a larger area surrounding the play area is fenced. No play area may be in any required front yard. No building areas to be occupied by the children shall be within a required yard.

(d) At least one off-street parking space shall be provided for each staff member and at least one space per every three enrolled children.

(e) No more than six children shall be enrolled in the family day-care home.

(f) The maximum floor area of the accessory use shall be no more than 25% of the total floor area of the dwelling unit and in no event more than 500 square feet of the floor area.

(2) Parking, structured above grade.

(a) A minimum of 40% of the exterior surface area of the garage facing public streets shall be clad in decorative materials such as brick, stone, wood trim or other materials as approved by the AHRB in lieu of bare structural concrete or masonry.

(b) Openings in the facades facing public streets, other than entry and exit points, shall be screened with decorative metal gates, fences, latticework, ivy wall or similar element as approved by the AHRB.

(c) In addition to any other perimeter landscaping used or required, trees shall be planted at regular intervals to align with openings in the structure along facades facing a public street.

(d) All parking and security lighting shall be provided from fully shielded, downward-facing lamps which direct the light only into the immediate parking areas as required for use.

(3) Parking, structured below or at grade.

(a) At-grade parking located within the footprint area of the ground floor of a building shall be designed with all of the exterior features required of an above-grade parking structure.

(b) No at-grade parking areas may directly abut or be adjacent to public sidewalk areas of Main Street. Any such at-grade parking must be separated from the adjacent Main Street sidewalk by an enclosed commercial space. The Planning Board may grant exceptions in this separation as necessary to provide occasional access points from the public way to the parking.

(c) Impacts of parking uses upon exiting residential development shall be mitigated through buffering, landscaping and other means as required by the Planning Board.

[Added 10-11-2022 by L.L. No. 11-2022]

J. Prohibited uses. In order to encourage the development of a transit oriented and pedestrian/cyclist friendly neighborhood, the following are specifically prohibited as new uses within the Hamlet Commercial - Nanuet, Transit Oriented Development 1, Transit Oriented Development 2, and Transit Oriented Development 3 Districts, including but not limited to the following:

(1) Drive-through facilities for restaurants, banks or retail establishments.

(2) Automotive sales (new or used) and automotive fuel sales.

(3) Automotive wash.

(4) Motels.

(5) Outdoor cabarets and outdoor dining establishments in conjunction with a cabaret.

K. Off-street parking standards.

(1) Off-street parking requirements. The following table establishes the off-street parking requirements for Hamlet of Nanuet Transit Oriented Development (TOD) Zoning Districts.

[Amended 10-11-2022 by L.L. No. 11-2022]

Table I-1: Off-street Parking Requirements
District
Uses	HC-N	TOD 1	TOD 2	TOD 3
Residential	1.5 parking spaces per dwelling unit	2.0 parking spaces per dwelling unit	1.5 parking spaces per dwelling unit	1.5 parking spaces per dwelling unit
Commercial
Retail and service uses	1 parking space per 300 square feet	—	1 parking space per 300 square feet	1 parking space per 300 square feet
All other uses	1 parking space per 100 square feet	—	1 parking space per 100 square feet	1 parking space per 100 square feet
Note: The above off-street parking requirements shall only apply to new construction and/or additional residential units added after the adoption of this Zoning Code amendment.

(2) Off-street parking dimensional standards. The following table establishes the off-street parking dimensions for Hamlet of Nanuet Transit Oriented Development (TOD) Zoning Districts.

Table I-2: Off-street Parking Dimensional Standards
Parking Space Dimensions
Angle of Parking	Length	Width (feet)	Depth from Curb (feet)	Minimum Travel Aisle Width (feet)
0° (parallel to curb)	22 feet	9	9	12
45°	20 feet 6 inches	9	16	15
60°	21 feet 6 inches	9	19	18
90°	18 feet	9	18	24

Notes: All dead-end aisles shall be extended at least five feet beyond the last parking space to permit egress from such spaces.

(3) Parking arrangement.

(a) Off-street parking areas are only permitted within the allowed parking areas delineated by the parking setbacks for each zoning district, listed in § 290-7.8E.

(b) No parking area is permitted in the front yard(s) between the facade of the building and the front property line(s), nor permitted to extend closer to the street than the minimum front building setback.

(c) Parking lot areas must be designed in regular, rectangular shapes which efficiently minimize the amount of impervious surface area. Irregular wedge-shaped parking areas that create very wide aisles or excess pavement are discouraged.

(d) In order to reduce vehicle movements onto primary streets and increase public safety, the Planning Board may require new or redeveloped parking lots to link with adjacent parking lots or provide shared parking areas which can serve neighboring buildings simultaneously.

(e) Snow piles should not be located in required parking spaces or in landscaped areas were visibility and safety issues, inadequate parking, or damage to plantings may result.

(4) Access. Unobstructed access to and from a public street shall be provided. New development or redevelopment is permitted one curb-cut driveway per property from the main road. Such access shall consist of at least one twelve-foot-wide lane for parking areas with less than 20 spaces or two twelve-foot-wide lanes for parking areas with 20 or more spaces. Curb cuts should only be as wide as necessary to accommodate needed lanes. Curb radiuses should be kept to a minimum.

(a) Secondary driveways or additional curb cuts may be permitted on larger projects when warranted for traffic considerations, with approval from the Planning Board.

(b) Curb cuts which cross over public sidewalks shall be designed so that the sidewalk surface is continued uninterrupted across the width of the driveway.

(c) No entrance or exit for any off-street parking area with over 20 parking spaces or any loading berth shall be located within 50 feet of the intersection of any two street lines.

(d) Curb cuts on state or county highways must also comply with the width requirements of those agencies and the New York State Fire Prevention Code.

(5) Drainage and surfacing. All open parking areas shall be properly drained, and all such areas shall be provided with a dustless surface. Open parking areas shall be paved with a hard-top surface upon a suitable subgrade and of highway materials which have been proven satisfactory within the Town. The base shall be properly drained and suitably constructed to support the contemplated traffic load.

(6) Staggered hours parking/linked parking lots. The Planning Board may authorize, at its discretion, a reduction of up to 20% of the minimum parking spaces for multiple property owners who link and share their adjacent parking areas or for new mixed-use developments where it can be shown that the uses have staggered demand schedules over the course of a typical day.

(7) Level 1 and Level 2 electric vehicle charging stations are permitted pursuant to § 290-22C.

(8) Payment in lieu of parking. A payment in lieu of parking for development located within the Hamlet of Nanuet Transit Oriented Development (TOD) Zoning Districts may be authorized by the Planning Board as a condition of approval for a site development review application to satisfy the off-street parking requirement, or a portion thereof, according to the following standards:

(a) Cash payment in lieu of parking may not exceed 20% of the required off-street parking.

(b) The Planning Board may in its discretion accept all or a portion of the payment-in-lieu. Where appropriate, it may require the submission of studies and plans demonstrating that practical considerations preclude the provision of such parking spaces by the applicant.

(c) The Town Board shall set the fee per space by resolution and may change the fee whenever it deems appropriate to do so. The fee schedule shall be made available at the Planning Department's office.

(d) The fee payable by an applicant shall be set and paid prior to the issuance of the certificate of occupancy. The fee must be paid in a lump sum, and shall not be prorated or refundable should the applicant vacate the premises.

(e) Prior to issuance of the certificate of occupancy, the applicant must deliver to the Planning Department's office a certified check, payable to the Town of Clarkstown.

(f) The certificate of occupancy issued to the applicant must record the number of off-street parking spaces being satisfied by means of payment in lieu of providing actual spaces and the fee due to the Town of Clarkstown. A certificate of occupancy will not be issued, however, unless the applicant has fully satisfied the parking requirements by providing actual spaces and by making payment in lieu of parking.

(g) A variance shall be required if the applicant fails to provide all of the required spaces.

(h) The payment in lieu shall be placed in the Town of Clarkstown Transit Oriented Development (TOD) Parking Improvement Fund. The expenditure of revenues from such Fund shall be limited exclusively to those actions designed to increase the quantity and/or the quality of parking spaces available to serve properties within the Nanuet Transit Oriented Development (TOD) Zoning Districts.

L. Design standards. The following standards apply to all new commercial and multifamily construction, additions, exterior renovations requiring a building permit or site plan review, including signs, exterior lighting, landscaping and changes to exterior materials or colors within the district. Projects within the Hamlet Commercial - Nanuet District, Transit Oriented Development 1 District, Transit Oriented Development 2 District, and Transit Oriented Development 3 District may require referral to the Architectural Historic Review Board.

(1) Site planning and landscaping.

(a) All new construction should align the front facade of the structure with the front setback of one or more adjacent buildings which are at or near the permitted front setback distances, as directed by the Planning Board.

(b) New construction should place as much of the building width at the front of the lot as reasonably possible to maximize front facade exposure to the street.

(c) The front facade should be kept parallel to the street.

(d) The primary building entry shall be placed at the front of the building and be clearly identifiable from the street.

(e) Concrete sidewalks shall be provided for the full width of the property along a public way with a direct link to the primary building entry. Such sidewalks should continue uninterrupted through any driveway curb cut or similar asphalt area.

(f) Driveway curb cut widths shall only be as wide as necessary to accommodate needed lanes. The number of driveway curb cuts shall not exceed one per commercial property. The Planning Board may permit a second curb cut for commercial properties on corner lots with two road frontages.

(g) All site plan design elements shall work towards enhancing a pedestrian and cyclist environment, as established in the Hamlet of Nanuet TOD Plan.

(h) Refer to 290 Attachments 35, 36, 37, and 38 for conceptual design layouts for Hamlet Commercial - Nanuet District, Transit Oriented Development 1 District, Transit Oriented Development 2 District, and Transit Oriented Development 3 District, respectively.

(2) Parking and dumpster areas.

(a) New parking areas should not be permitted between the front lot line and the building facade. All new parking areas shall be located at the side or rear of the building, screened from view as directed by the Architectural Historic Review Board.

(b) Parking areas shall be broken up into groups of no more than 20 spaces per area, separated by landscaped areas or islands as directed by the Architectural Historic Review Board.

(c) Parking areas shall provide, where possible, direct vehicle links to nearby parking lots on adjacent properties.

(d) Existing parking spaces between the front lot line and the building shall be relocated wherever possible to the side or rear of the building. Where it is not reasonably feasible to relocate these front yard parking spaces, such parking may be buffered from the street or pedestrian sidewalk area by low stone walls, opaque fencing, landscaped berms, hedges as directed by the Architectural Historic Review Board. Such buffers shall not interfere with sight lines or sight distances.

(e) Dumpsters, garage doors and similar vehicular service elements shall be located at the rear of the building and screened from view from the public way with the use of materials which match or complement the exterior of the building and/or landscaping as directed by the Architectural Historic Review Board.

(3) Architectural design. All exterior architectural design shall be approved by the Architectural Historic Review Board.

(a) The design of all new construction and renovation shall respect the historical precedents and styles that are found in the local area.

(b) Exterior renovations or additions to historic buildings shall make every effort to restore the original appearance to the exterior of the building, with modifications only as approved.

(c) The proportions of design features such as window openings or columns shall be kept consistent across a facade. The use of vertically proportioned windows - windows which are taller than they are wide - are strongly encouraged.

(d) The use of strong horizontally proportioned design features, such as large fascias or banding designs, are discouraged.

(e) The width of exterior columns or posts should be appropriate to the weight they appear to be carrying.

(f) Articulations in the plane of the facade shall be used to create an interesting design, reinforce rhythms and cast shadows. Very flat, planar facade designs are prohibited.

(g) Facade designs shall set up a regular rhythm or pattern with the use of window spacing, expressing the structural bays of the building with pilasters, porch columns, colonnades or other detailing.

(h) The ground-floor pedestrian facade areas shall exhibit the highest levels of facade fenestration with larger window openings and increased facade articulation, especially around the main entry. The upper floors may have decreased levels of fenestration with smaller window openings.

(i) Large, uninterrupted glass areas such as picture windows or strip windows greater than six feet in width are prohibited. Such windows shall instead be broken down and separated into smaller divisions with the use of mullions, muntins or a cluster of smaller windows grouped together.

(j) Large areas of blank wall which do not contain any window or door openings or significant articulation are prohibited along any facades facing a public street.

(k) Openings in masonry facades shall exhibit a visible structural lintel or arch above to express how it is carrying the weight above.

(4) Exterior materials. All exterior materials shall be approved by the Architectural Historic Review Board.

(a) Smaller scale, natural materials shall be used for all exterior cladding on facades facing a public way as recommended in Table 290-7.3D, Exterior Materials List. Other materials may be used more sparingly as accent or trim materials, with approval.

(b) The primary facade materials or color shall consist of a natural, muted shade. Brighter, more vibrant colors may be reserved for minor accents and highlights only.

(c) When using more than one material or color on a facade, it is recommended to have one as a dominant, primary theme with any others used more sparingly to complement or accentuate the design.

(d) Transitions in facade materials shall occur at a hard edge or articulation in the plane of the facade which allows the one material to terminate into before the second one begins. Facades with an overabundance of different materials or colors are prohibited.

Table L-1: Exterior Materials List
Recommended Materials	Prohibited Materials
Facade
Common red brick/multitoned brick	Multicolored brick, limitation brick siding asphalt siding, asbestos siding
Bare
Painted (approved color)
Concrete masonry units (C.M.U.)	Plain concrete masonry unit (C.M.U.)
Textured, split-faced, colored (dyed)	(bare or painted)
(approved color)
Natural stone, imitation stone
Precast concrete panels (textured)
Stamped texture concrete
Wood clapboard or shingle	Wood paneling Plywood or T-111 Composite medium density overlay Unfinished lumber-grade wood
Finished grade (painted or stained approved color)
Imitation/synthetic wood clapboard
Polyvinyl chloride (PVC), fiber	Corrugated metal, aluminum siding, vinyl siding, mirrored or highly reflective siding or panels
Reinforced cement siding/HardiePlank* (approved color)
Stucco	E.I.F.S. (exterior insulation finish system)
Windows
Anodized aluminum frame/storefront	Bare aluminum frames
Approved color	Reflective flashing
Wood, vinyl clad, PVC frame	Mirrored or highly reflective glass
Approved color	Dark tinted below 70% visible light
Clear, etched, frosted or stained glass	Transmission
Expressed lintels over openings	Colored glass
Brick, limestone, colored or bare	Concealed lintels over openings
Concrete	Steel plate or angle
Visible roof
Asphalt shingle (approved color)	Light-colored or reflective materials
Natural or limitation state	Mansard roof "awnings"
Standing seam metal
Small seam width, approved color
Aluminum eave guard
Parapet and chimney caps
Stone, limestone or precast concrete
Metal flashing (approved color)
Other
Canvas awning	Plastic, vinyl or other synthetic awnings
3 colors maximum, approved colors	Backlit awnings
Concrete sidewalks/walkways (poured)	Reflective flashing
Concrete or brick pavers	Asphalt sidewalks/walkways
Wood/synthetic wood porches, railings	Unfinished or lumber-grade wood
Ramps
Painted or stained (approved color)

(5) Utilities. All new or relocated utility poles for electric, cable and telephone within the Hamlet Commercial — Nanuet District, Transit Oriented Development 1 District, Transit Oriented Development 2 District, and Transit Oriented Development 3 District shall not exceed 50 feet in height and shall be located in the rear lot area or placed underground wherever possible.

(6) Sign standards. All signs shall be approved by the Architectural Historic Review Board, with referral and recommendation by the Architectural Historic Review Board, if applicable.

(a) Applicability.

[1] The provisions of Town Code Chapter 243, Signs, shall apply, except as otherwise stated in this section. In the case of a conflict, this section shall apply.

[2] The provisions of this section shall apply to all new signs, or preexisting signs which are being altered, changed in copy, mounting or a change of occupancy or use to the premises within the Hamlet Commercial District or any existing structure that undergoes significant facade changes or special permit approval as determined by the Architectural Historic Review Board. Preexisting signs, facade lettering, lighting and street numbers which are nonconforming to the provisions of these standards must be removed, or brought into compliance, by September 1, 2014.

[3] All new signs, facade lettering and sign lighting must be approved by the Architectural Historic Review Board.

(b) Permitted signs. No sign shall be permitted except as specified within this section. Commercial properties are permitted the following sign types, with approval from the Architectural Historic Review Board.

[1] Facade sign board or channel lettering. Commercial properties are permitted one instance of a surface-mounted wall sign board or surface-applied channel lettering per commercial tenant, with approval from the Architectural Historic Review Board.

[a] Sign boards or lettering shall be located so as to be framed by the features of the facade, and do not obscure or conceal architectural elements. New commercial construction shall design the front facade specifically to accommodate an area or areas for such signs which is architecturally compatible with the facade itself.

[b] All facade sign boards and lettering shall be mounted on the vertical plane of the facade or underneath the roof overhang eave. No signs shall be permitted to be mounted on or above the roofline of a structure, except in cases of existing structures where there may be no alternative mounting location, as approved by the Architectural Historic Review Board.

[c] Surface-applied channel lettering shall consist of individual letters or symbols which are each independently secured to the facade without any readily visible framework or similar mounting devices.

[d] Commercial properties located at corner intersections are permitted one additional facade sign for the second facade facing a public road or right-of-way, with approval from the Architectural Historic Review Board.

[e] Sign text is encouraged to be kept simple and limited to only the name of the business, where possible. Secondary descriptive text such as type of business, company motto, logo or street address may be permitted and shall be subordinate in size to the business name.

[f] Signs that contain excess advertising information such as types of credit cards accepted, brand names sold, sale or pricing information, hours of operation or similar information are discouraged.

[g] Signs which are part of a multitenant plaza shall be approved as a package to coordinate consistent materials, size, background color and theme for all signs. Applicants shall submit plans for the signage package so that the colors and design may be discussed in context with the design of the elevation of the building(s).

[h] The size of lettering and sign boards shall be as follows:

[i] For facades which are located within 30 feet of the edge of the street, sign lettering shall not exceed 10 inches in height.

[ii] For facades which are located 30 feet or more from the edge of the street, sign lettering shall not exceed 14 inches in height.

[iii] Sign boards shall only be as large as necessary to adequately fit permitted lettering and secondary descriptive text, as approved by the Architectural Historic Review Board.

[iv] In no case shall any sign board exceed 25 square feet or 15% of the facade area on which they are mounted.

[i] Waiver. The Architectural Historic Review Board may approve modifications to the requirements for sign and lettering sizes by no more than 50% as deemed necessary for specific site conditions with a supermajority (majority plus one) vote.

[2] Hanging signs. In lieu of a facade sign, commercial properties are permitted one hanging sign suspended from a post on the front of the building, with approval from the Architectural Historic Review Board. Hanging signs advertising a single business on the property shall be no larger than six square feet per side. Hanging signs advertising two or more businesses on the property shall total no larger than 12 square feet of area per side. Only one instance of a hanging sign is permitted per property, although such sign area may be composed of more than one hanging board, if desired. Hanging signs shall not extend out into the road right-of-way.

[a] Businesses located under a covered walkway galleria area, such as those in a shopping plaza, are permitted to have one hanging sign in addition to any other permitted signs. Such signs shall be suspended from the ceiling of the covered galleria in front of the business and be no larger than three square feet per side, with approval from the Architectural Historic Review Board.

[3] Window signs. In lieu of a facade or hanging sign, businesses are permitted a window sign or signs which are displayed behind the ground-floor storefront glass, with approval from the Architectural Historic Review Board.

[a] The total area of all window signs may not exceed 20% of the area of any window. Window signs shall include both permanent and temporary signs, posters, notices, advertisements, window lettering and similar information and shall all be counted toward the total amount of window sign area. Window signs which simply state hours of operation or street address shall not be counted against the window sign area.

[4] Projecting signs. Businesses with a preexisting projecting sign in place at the date of adoption of this section are permitted to maintain a projecting sign in addition to any other permitted signs.

(c) Additionally permitted signs. In addition to signs permitted above, commercial properties may be permitted one instance of the following sign types, with approval from the Architectural Historic Review Board.

[1] Awning sign. In addition to any other permitted signs, businesses are permitted to add text along the front vertical edge of any pedestrian sidewalk awnings, with approval from the Architectural Historic Review Board. The text shall be limited to the business name, slogan and/or street address only, with text height not to exceed six inches.

[2] Plaque sign. In addition to any other permitted sign, businesses which share a common front door are permitted one surface-mounted plaque sign per tenant, which is no larger than one square foot in area, located near the primary building entry with approval from the Architectural Historic Review Board. An additional one square foot of plaque sign may be permitted to accommodate street address information and/or official building name. Individual tenant plaque signs may be designed as a single panel or should be designed in matching style, though no more than three tenant plaque signs are permitted at a given entryway.

[3] Window lettering. In addition to any other permitted signs, businesses are permitted to use painted, sandblasted or otherwise permanently affixed window lettering, with approval from the Architectural Historic Review Board. Maximum lettering sizes shall not exceed eight inches in height.

[4] Menu sign. In addition to any other permitted signs but in lieu of a plaque sign, a wall-mounted menu sign is permitted directly adjacent to the main entry for restaurants and similar establishments, provided that the total sign area does not exceed four square feet, with approval from the Architectural Historic Review Board.

[5] Freestanding monument signs. In addition to other permitted signs, a freestanding monument sign may be permitted only with Architectural Historic Review Board approval and under the following conditions:

[a] The business or property advertised contains 25 or more on-site parking spaces.

[b] The sign is limited to displaying the primary business or property name and logo or description only. The listing of multiple business names on the sign is prohibited.

[c] The sign area measures no more than 30 square feet per side.

[d] The base of the sign includes a raised planting bed with appropriate landscaping.

[e] The sign location does not obstruct vehicle sight lines or future pedestrian sidewalk areas.

[6] Street numbers. All properties are required to display their street number on the front facade next to or above the primary entry, or in a reasonably obvious location. Street numbers should be between six and 10 inches tall, and should contrast well with their background to be legible, as approved by the Architectural Historic Review Board.

[7] Exempt signs. Exempt signs listed in § 243-6 of the Town Code, including but not limited to temporary political signs, government flags, traffic control or "for sale" signs, are permitted. On-premises changeable copy signs, commonly used by the Fire Department to make community announcements, shall also be exempt from these standards.

(d) Other signs.

[1] Home occupation sign. Approved residential home occupations are permitted a single facade-mounted plaque sign, as specified above, or a small freestanding pole sign which does not exceed three square feet in area each side and six feet in height, no closer than 15 feet from the road.

[2] Temporary announcement sign. A single temporary promotional, special event or similar sign advertising an announcement is permitted no more than four times a calendar year for any commercial business, provided they are limited to a maximum of six square feet (each side), are located on the business premises and are displayed for no more than seven consecutive days.

[3] Temporary permit signs. In cases where a newly established business cannot afford the purchase of a facade-mounted sign which meets the requirements of this section, the Architectural Historic Review Board may approve a temporary permit sign to be used, as follows:

[a] The temporary permit sign shall be valid only for a period of six months, at which point the temporary sign must be removed. This six-month period may be extended, at the discretion of the Architectural Historic Review Board, only for one additional period not to exceed six months.

[b] The temporary permit sign must be reviewed and approved by the Architectural Historic Review Board prior to granting any temporary sign permit.

[c] Before a temporary permit sign can be approved, the final approved sign design proposed for the business must also be approved.

[d] The temporary permit sign may be constructed of alternate materials, as approved by the Architectural Historic Review Board, provided they are deemed to be durable, weather resistant and of satisfactory design. The temporary permit sign shall conform to all other provisions of this section related to lettering size, sign board size, placement, colors and lighting.

[e] The business must sign a letter of agreement stipulating that the Town has the authority to remove any temporary permit sign which has exceeded its valid term or which does not otherwise conform to the requirements of this provision.

(e) Prohibited signs: all signs prohibited in Chapter 243, Signs.

(f) General provisions.

[1] Sign colors shall complement the building colors as approved by the Architectural Historic Review Board.

[2] Signs cannot be placed any nearer than 15 feet from the edge of any roadway, 10 feet from the edge of a driveway or otherwise obstruct and/or impede the view of motor vehicles.

(g) Sign lighting methods.

[1] Externally illuminated (indirectly lighted signs).

[a] Lighting of signs shall be by means of external lighting mounted above or below the sign. All lighting must be generally white or of a muted color with a diffused, nonintermittent light source as approved by the Architectural Historic Review Board. All lighting shall not interfere with the comfort and safety of the general traffic and nearby residences.

[b] External sign lighting must be provided from shielded, downward-facing lamps which direct light only on the immediate sign surface. Bare bulbs shall not be readily visible from the public way. Externally illuminated signs are encouraged to utilize light-colored lettering on a darker background to reduce glare.

[2] Silhouette lighting method.

[a] The "silhouette" illumination of individual channel lettering may be permitted with Architectural Historic Review Board approval, provided that:

[i] The individual channel letters are completely opaque, allowing no transmission of light through their surface.

[ii] The source of all lighting and associated wiring is fully concealed behind each individual letter.

[iii] The lighting effect produces only a subtle and soft glow around the lettering.

[3] General lighting requirements.

[a] Sign lighting must be turned off by 11:00 p.m., or at the close of business, whichever is later.

(7) Exterior lighting standards. Exterior lighting for all new construction and exterior renovations shall be in accordance with the design standards of this section.

(a) All exterior lighting fixtures used for signs, walkways, parking lots and security lighting should be full cutoff or recessed fixtures which project light downward only, with no exposed bulbs or glare readily visible from the public way or adjacent parcels. The light from these fixtures shall not spill over into adjacent properties and shall provide only as much light as needed to illuminate the target surfaces.

(b) All exterior lighting fixtures should complement the historic nature of the hamlet as selected or approved by the Architectural Historic Review Board.

(c) Exterior site lighting fixtures chosen should complement or match the style and theme of other exterior fixtures used on the property for signs so as to present a consistent and uniform appearance.

(d) So as to reduce the negative effects of lighting on the nighttime sky, limited amounts of landscape lighting may be directed upwards, with Architectural Historic Review Board approval only, provided that the fixtures are fully shielded and no bare bulbs are readily visible from the public way. Landscape lighting should not exceed three feet in height.

(e) Parking and security lighting poles shall not exceed 20 feet in height.

(f) Internally lit and translucent canopies or awnings are prohibited.

(g) Metal halide, high-pressure sodium, incandescent, fluorescent and LED lamps are recommended for typical exterior uses. Mercury vapor and low-pressure sodium can be used with Architectural Historic Review Board approval only. Neon and laser lights are prohibited.

M. Transit Oriented Development (TOD) Transportation and Beautification Improvement Fund (TBIF).

(1) The Town hereby establishes the TOD TBIF, with the purpose of funding identified mitigation measures to improve pedestrian, cyclist, and vehicular traffic accessibility and safety associated with the Hamlet of Nanuet Transit Oriented Development (TOD) Zoning. Specific mitigation measures, identified in the Hamlet of Nanuet TOD Plan shall include:

(a) Prospect East.

[1] Planted medians, 10 feet wide: to serve the purpose of vehicular traffic calming.

[2] Open space improvements allowance: to serve the purpose of accommodating and increasing pedestrian accessibility.

[3] North Sidewalk, 10 feet wide, and Parking/Stormwater Zone, eight feet wide: to serve the purpose of pedestrian safety and accessibility, accommodation of additional expected vehicular traffic/parking demand, and to capture stormwater runoff to mitigate flooding on the north side of Prospect Street East.

[4] South Sidewalk, 10 feet wide, and Parking/Stormwater Zone, eight feet wide: to serve the purpose of pedestrian safety and accessibility, accommodation of additional expected vehicular traffic/parking demand, and to capture stormwater runoff to mitigate flooding on the south side of Prospect Street East.

[5] New Orchard South Sidewalk, 10 feet wide, and Parking/Stormwater Zone, eight feet wide: to serve the purpose of pedestrian safety and accessibility, accommodation of additional expected vehicular traffic/parking demand, and to capture stormwater runoff to mitigate flooding on the south side of Orchard Street.

[6] Vehicle travel lanes, two-direction- total twenty-four-foot travelway: to serve the purpose of vehicular traffic accommodation on.

[7] Bioswales and related infrastructure: to serve the purpose of capturing stormwater runoff to mitigate flooding of vehicular travel lanes and sidewalks from impervious surfaces.

[8] Crosswalks: to serve the purpose of maintaining pedestrian safety by establishing designated crossing points along Prospect Street.

(b) Prospect west.

[1] North Sidewalk, 10 feet wide, and Parking/Stormwater Zone, eight feet wide: to serve the purpose of pedestrian safety and accessibility, accommodation of additional expected vehicular traffic/parking demand, and to capture stormwater runoff to mitigate flooding on the north side of Prospect Street West.

[2] South Sidewalk, 10 feet wide, and Parking/Stormwater Zone, eight feet wide: to serve the purpose of pedestrian safety and accessibility, accommodation of additional expected vehicular traffic/parking demand, and to capture stormwater runoff to mitigate flooding on the south side of Prospect Street West.

[3] Vehicle travel lanes, two-direction- total twenty-four-foot travelway: to serve the purpose of vehicular traffic accommodation on.

[4] Bioswales and related infrastructure: to serve the purpose of capturing stormwater runoff to mitigate flooding of vehicular travel lanes and sidewalks from impervious surfaces.

[5] Crosswalks: to serve the purpose of maintaining pedestrian safety by establishing designated crossing points along Prospect Street.

(c) Multipurpose path: to serve the purpose of accommodating pedestrian and cyclist traffic between the TOD zone and adjacent regional shopping activities including the Shops at Nanuet.

(d) Main street.

[1] East Sidewalk, 10 feet wide, and Parking/Stormwater Zone, eight feet wide: to serve the purpose of pedestrian safety and accessibility, accommodation of additional expected vehicular traffic/parking demand, and to capture stormwater runoff to mitigate flooding on the east side of Main Street.

[2] West Sidewalk, 10 feet wide, and Parking/Stormwater Zone, eight feet wide: to serve the purpose of pedestrian safety and accessibility, accommodation of additional expected vehicular traffic/parking demand, and to capture stormwater runoff to mitigate flooding on the west side of Main Street.

[3] Bioswales and related infrastructure: to serve the purpose of capturing stormwater runoff to mitigate flooding of vehicular travel lanes and sidewalks from impervious surfaces.

[4] Crosswalks: to serve the purpose of maintaining pedestrian safety by establishing designated crossing points along Main Street.

(2) To help fund a portion of improvements, a per-residential unit fee and per-commercial square footage fee shall be paid into the TOD TBIF as a condition of site plan approval. The fee was calculated based upon a 10% cost share by developers to implement stated mitigation measures estimated at $5,083,100. Pursuant to the associated costs, the following fees apply:

Table M-1: TOD TBIF Fee Schedule
District
Uses	HC-N	TOD 1	TOD 2	TOD 3
Residential (per residential unit)	$388	$776	$776	$776
Residential density bonus (per residential unit in excess of 40 units per acre)	—	—	$1,164	$1,164
Commercial (per square foot)	$0.36	$0.36	$0.36	$0.36

N. The NYS Route 59 and N. Middletown/S. Middletown Road Intersection Improvement Fund.

(1) The Town hereby establishes the NYS Route 59 and N. Middletown/S. Middletown Road Intersection Improvement Fund, with the purpose of funding intelligent transportation system (ITS) infrastructure, such as transit signal priority (TSP) with queue jumping, upgraded controller technology and vehicle detection, and adaptive traffic control system (ATCS) in order to mitigate the impacts of vehicular traffic generated as a result of the Hamlet of Nanuet Transit Oriented Development (TOD) Zoning at the intersection of NYS Route 59 at N. Middletown/S. Middletown Road.

(2) To fund these mitigation measures, a per-residential unit fee and per-commercial square footage fee shall be paid into the NYS Route 59 and N. Middletown/S. Middletown Road Intersection Improvement Fund, as a condition of site plan approval. The fee was calculated based upon the direct costs associated with the implementation of stated mitigation measures of $250,000. Pursuant to the associated costs, the following fees apply:

Table N-1: NYS Route 59 and N. Middletown/S. Middletown Road Intersection Improvement Fund Fee Schedule
District
Uses	HC-N	TOD 1	TOD 2	TOD 3
Residential (per residential unit)	$353.27	$353.27	$353.27	$353.27
Commercial (per square foot)	$0.18	$0.18	$0.18	$0.18

O. The Transit Oriented Development (TOD) GEIS Fund.

(1) As a condition to approval, pursuant to Town Law § 261-b(3)(d) and NYCRR 617.13, the applicant shall pay a fee to recover a proportionate share of the Town's cost, as lead agency, expended for the preparation of the generic environmental impact statement in connection with this section. Such charge shall be added to any site-specific charge made pursuant to the provisions of § 8-0109 of the Environmental Conservation Law.

(2) The fee will be established at a rate of $211.96 per residential unit and $0.11 per commercial square foot of development within the Hamlet of Nanuet Transit Oriented Development (TOD) Zoning Districts. The fee was calculated based upon the direct costs associated with the development of the GEIS of $150,000.

P. Planned Unit Development (PUD) within the TOD and HC-N Zoning Districts.

[Added 10-11-2022 by L.L. No. 11-2022]

(1) Purpose and applicability. In accordance with New York State Town Law § 261-c, "planned unit development district regulations are intended to provide for residential, commercial, industrial or other land uses, or a mix thereof, in which economies of scale, creative architectural or planning concepts and open space preservation may be achieved by a developer in furtherance of the town comprehensive plan and zoning local law or ordinance." The Nanuet TOD will provide development flexibility and encourage transit-oriented development within the Nanuet Hamlet Center while protecting residential neighborhoods and complementing existing commercial areas by setting buildings as far away from single-family residential neighborhoods to the greatest extent practicable and siting commercial development near areas where it is already established. Multiple properties under common ownership within the TOD-1, TOD-2, TOD-3 and HC-N Zoning Districts shall be eligible to apply to the Town Board for TOD-PUD zoning designation. Properties granted such designation shall be indicated as such with the "TOD-PUD No." designation on the Town of Clarkstown Zoning Map, whereas the "No." designates the individual TOD-PUD project. Requirements and permissions for development as listed below are limited to properties within individual projects.

(2) Application procedure. Applications requesting the establishment of a TOD-PUD Zoning District by amendment of the Clarkstown Zoning Local Law shall be made to the Town Board. Application shall be made by the owner(s) of the land(s) to be included in the district or by a person or persons possessing written contract or option rights to purchase the lands. In the event that an application is made by a person or persons holding rights to purchase the lands, the application shall be accompanied by a statement signed by all owners of such land indicating concurrence. Upon submission of a complete application, the Town Board may refer the application to the Planning Board for recommendation. The Town Board may schedule an informational workshop to discuss the proposal at any point before or during the application process.

(3) Application materials. The applicant shall submit the following in sufficient quantity as determined by Town:

(a) Metes and bounds description of the parcels within the proposed district.

(b) A survey of the parcels prepared and certified by a licensed land surveyor.

(c) A proposed preliminary site plan, as per the requirements of § 246-9G.

(d) Preliminary floor plans and building elevations.

(4) Initial review.

(a) In its review of the application, the Town Board may, in lieu of rejection of the application, suggest such changes in the preliminary plans as are found to be necessary or desirable to meet the requirements of this section, to protect the established or permitted uses in the vicinity and to promote the orderly growth and sound development of the community. The Town Board may notify the applicant of such changes and may discuss the changes with the applicant. The suggestion of changes by the Town Board shall not constitute a waiver of its legislative discretion to reject or to deny the rezoning application. If it elects, the Town Board may delegate to the Planning Board, as part of its referral of the matter, this function of dialogue with the applicant on suggested modification to the preliminary plans.

(b) The applicant may submit revised preliminary plans incorporating the changes requested. If resubmission is not made within 90 days of receipt of the Town Board's suggested changes, the application shall be deemed abandoned. Upon mutual consent of the Town Board and the applicant, the Town Board may extend the time frame for resubmission for an additional 90 days.

(c) Consistent with § 290-33, the Town Board may refer the application to the Planning Board for its report and recommendation. The Planning Board shall make a recommendation on the application and shall report its findings to the Town Board on the merits of the preliminary plans unless the application is abandoned as provided in the preceding subsection. A favorable recommendation shall not constitute or imply an approval of any sort, nor shall it constitute a decision upon an action under the State Environmental Quality Review Act.

(5) Environmental review.

(a) In order to minimize the potential environmental impact that could be associated with increased density, an applicant seeking a density bonus pursuant to § 290-7.8E(7) herein shall be required to show that the environmental impact of the proposed TOD-PUD development will not be any greater than that of the as-of-right development under the existing zoning or that the applicant has incorporated appropriate mitigation measures into the project. In support of such a showing, the applicant may provide studies with respect to water supply, stormwater management, traffic and energy consumption.

(6) Town Board review.

(a) Upon receipt of a recommendation from the Planning Board, the Town Board may act to reject, approve, approve with modification or conditions, or disapprove the rezoning application in the exercise of its sole legislative discretion. Approval shall result in amendment of the Zoning Map established by this chapter.

(7) Requirements and permissions of TOD-PUD developments.

(a) Consolidation of residential unit density. The maximum unit count of the TOD-PUD shall be the sum of the maximum unit count of all parcels within the TOD-PUD project utilizing the maximum unit density requirements of the previous zoning district(s). Units may be placed on any parcel within the TOD-PUD project, and the project may exceed the maximum FAR and unit density requirements of the previous zoning district(s) for the parcel upon which the units are placed. All other bulk and use requirements of the previous zoning district(s) shall constitute the bulk and use requirements of the parcels within the TOD-PUD project.

(b) Consolidation of commercial area. The maximum commercial area of the TOD-PUD shall be the sum of the maximum permissible commercial area of all parcels within the TOD-PUD project utilizing the maximum permitted commercial area of the previous zoning district(s). Commercial areas may be placed on any parcel within the TOD-PUD project, and the project may exceed the maximum FAR and commercial area requirements of the previous zoning district(s) for the parcel upon which the units are placed. All other bulk and use requirements of the previous zoning district(s) shall constitute the bulk and use requirements of the parcels within the TOD-PUD project.

(c) Parking accessory to a residential use on one property may be placed on any of the properties within the TOD-PUD and is not limited to placement on the property housing the primary structure.

(d) Accessory structures may be placed on any of the properties within the TOD-PUD and are not limited to placement on the property housing the primary structure.

(8) Time limit on validity of rezoning. Any rezoning of property to a TOD-PUD District shall be null and shall revert back to the zoning classification that existed before the TOD-PUD District zone change by a ministerial redesignation on the official Zoning Map by the GIS Coordinator, unless actual construction, pursuant to a valid building permit, is commenced within two years from the date of final site plan approval. Reversion back to the zoning classification that existed before the TOD-PUD District zone change shall also occur if the project has not received final site development plan approval from the Planning Board within three years of the Town Board granting rezoning to a TOD-PUD District.

§ 290-8 Zoning Map.

A. The areas and boundaries of such districts are hereby established:

(1) As shown on a map entitled "Zoning Map of the Town of Clarkstown," adopted June 30, 1967, and as further amended; and

[Amended 1-26-1977]

(2) As specified in § 290-9.

B. Such map, referred to herein as the "Zoning Map," together with everything shown thereon, is on file in the office of the Town Clerk.

§ 290-9 Interpretation of boundaries.

A. Along rights-of-way. Where a district boundary is shown following a street, the Thruway, the Parkway, a public utility right-of-way or a railroad, the boundary is respectively the center line of such street, Thruway, Parkway or public utility right-of-way or a line located midway between the main tracks of said railroad, and such boundary shall be deemed to be changed automatically whenever the center line of such street, Thruway, Parkway or public utility right-of-way is changed or said main railroad tracks are changed, if the new center line is no farther from the old center line than 50 feet at any point.

B. Along lot lines or municipal boundaries. Where a district boundary is shown as following a town or village boundary line, a property line, a lot line or a projection of any one of the same, such boundary shall be such landmarked or monumented line or projection thereof. If such boundary is shown as separated from but approximately parallel to any such landmarked or monumented line or projection thereof, such boundary shall be deemed to be parallel to such landmarked or monumented line or projection thereof, as the case may be, of such distance therefrom as shown on the Zoning Map.

C. Along streams. Where a district boundary is shown as following a stream other than the Hudson River, the boundary shall be the center line of the main channel of such stream, and such boundary shall be deemed to be changed automatically if the main channel of such stream should change or be changed by natural or artificial means, if such new center line is no farther from the old center line than 50 feet at any point.

D. Map dimensions. Where a dimension is indicated on the Zoning Map, such dimension shall control. However, in the absence of a specific dimension being indicated on the Zoning Map, the dimension shall be determined by using the map scale.

E. Hudson River. Although not so shown on the Zoning Map, the area of the Hudson River within the town shall be deemed to be an R-80 District.

F. All air space above the land and water within the town boundaries shall be construed to be within the boundaries of and zoned the same as the districts immediately below.

G. Physical markers. Where a street, highway, railroad or other physical monument or marker on the ground by which a boundary is determined varies from that as shown on the Zoning Map, the on-the-ground physical monument or marker shall control.

H. Any site located in an RS District consisting of at least 30 acres on one or more lots and which meets the definition of a major regional shopping center prior to October 26, 1999, shall be deemed to be within an MRS District and be subject to the MRS District regulations. (Note: Also see § 290-6M and Table 12, Note 30.[1])

[Amended 10-26-1999; 3-22-2016 by L.L. No. 5-2016]

[1] Editor's Note: Table 12, General Bulk Regulations, is included as an attachment to this chapter.

§ 290-10 Scope of controls.

After the effective date of this chapter, all new construction or development, and every change, enlargement or relocation of use, and every reconstruction or structural alteration of a building or nonbuilding use and every change in bulk shall conform to the use and bulk regulations of this chapter. All new buildings and all newly developed land and nonbuilding uses may be used for any purpose permitted or required by the regulations of the appropriate district, and for no other purpose whatever. Existing nonconforming uses and nonconforming bulk may continue subject to the regulations of each zoning district in which found except for those nonconforming uses and nonconforming bulk subject to amortization as herein provided in § 290-29F.