The commercial districts established in this chapter are designed to promote and protect public health, safety, general welfare and the City's economy. These general goals include, among others, the following specific purposes:
A. 
To provide sufficient space in appropriate locations in proximity to residential areas for local retail and service development catering to the regular shopping and service needs of the occupants of nearby residences, with due allowance for the need for a choice of sites.
B. 
To provide appropriate space to satisfy the needs of modern local retail development, including the need for off-street parking spaces in areas to which a large proportion of shoppers come by automobile, and to encourage the natural tendency of retail and service development to concentrate in continuous retail frontage to the mutual advantage of both consumers and merchants.
C. 
To protect both local retail and service development and nearby residences against fire, explosions, toxic and noxious matter, radiation and other hazards, and against offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences.
D. 
To protect both local retail development and nearby residences against congestion, particularly in areas where the established pattern is a combination of residential use with local retail uses on the lower floors, by regulating the intensity of local retail development, by restricting those types of establishments which generate heavy traffic and by providing for off-street parking and loading facilities.
E. 
To provide sufficient and appropriate space to meet the needs of the City's expected future economy for modern commercial floor space in its central or secondary commercial centers, including the need for off-street parking space in areas where a large proportion of customers come by automobile, with due allowance for the need for a choice of sites, and to encourage the natural tendency of commercial development to concentrate in continuous retail frontage to the mutual advantage of both consumers and merchants.
F. 
To protect commercial development in central or secondary commercial centers, as far as is possible and appropriate in each area, against fire, explosions, toxic and noxious matter, radiation and other hazards, and against offensive noise, vibration, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences.
G. 
To protect commercial development in central or secondary commercial centers against congestion, as far as possible, by limiting the bulk of buildings in relation to the land around them and to one another, by restricting those types of establishments which generate heavy traffic and by providing for off-street parking and loading facilities.
H. 
To provide freedom of architectural design, in order to encourage the development of more attractive and economic building forms, within proper standards.
I. 
To protect the character of certain designated areas of historic and architectural interest where the scale of building development is important.
J. 
To promote the most desirable use of land and direction of building development in accord with a well-considered plan, to promote stability of commercial development, to strengthen the economic base of the City, to protect the character of the district and its peculiar suitability for particular uses, to conserve the value of land and buildings and to protect the City's tax revenues.
A. 
Shopping Center C-1 Districts. These districts comprise the City's secondary shopping centers, which provide for family shopping needs for large land-consuming businesses and for essential services to business establishments over a wide area and which have a substantial number of large stores generating considerable traffic. These districts will be located on major transportation routes. The district regulations are designed to promote convenient shopping and the stability of retail development by encouraging continuous, accessible and concentrated retail frontage and by prohibiting uses which tend to break up such continuity. No residential development would be permitted.
B. 
Central Commercial C-2 District.
(1) 
This district is designed to provide for office buildings and the great variety of large and small retail stores and related activities which occupy the prime retail frontage in the Central Commercial District and which serve the entire area. The district regulations also preserve, protect and enhance the character of the Central Commercial District as a center of retail trade and services for the City and surrounding region and thereby justify and protect the major public investments made and being made toward the revitalization of the retail core. This district should encourage the concentration of retail stores, restaurants and related activities and achieve continuity of frontage devoted to such purposes which strengthen and complement one another and thereby enhance the area's attractiveness to shoppers and business persons and promote the most desirable use of land in the retail core, and thus conserve the value of land and buildings and thereby protect and enhance a vital part of the City's tax base.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
The Common Council finds that certain artistic and creative endeavors may be safely and appropriately located in conjunction with other C-2 commercial uses where such artistic endeavors do not create excessive noise or additional safety hazards.
[Added 8-12-1991]
(3) 
Another goal of the C-2 District is to provide expanded opportunities for such artists and craftspersons and to provide the necessary incentives for such persons. In order to achieve this objective, accessory living space may be permitted on a limited basis to those persons who are certified as artists by a qualified arts organization and upon a finding that the practice of an art form or craft is deemed to be compatible with adjacent uses and further deemed not to be hazardous or obnoxious.
[Added 8-12-1991]
(4) 
While commercial uses are appropriate on the ground floor in the central core of this district, residential uses on upper floors create a mixed-use neighborhood where the residential and commercial uses support each other and create a vibrant downtown with daytime and evening activity. For these reasons, mixed-use development and upper floor dwelling units shall also be encouraged in the district.
[Added 2-28-2022 by L.L. No. 4-2022]
(5) 
The Common Council also finds that where the edges of the C-2 District abut a residential district, permitting mixed-use development at a lower density than in the core of the district, subject to a special permit, can facilitate a more orderly transition of land uses, be consistent with the City's goal to foster a vibrant and walkable downtown, and provide additional development opportunities. With appropriate bulk, design criteria and performance standards, a special permit will better ensure that the character of new mixed-use development is complementary to the existing neighborhood in height, bulk, character and scale.
[Added 2-28-2022 by L.L. No. 4-2022]
C. 
General Commercial C-3 Districts. These districts are designed to provide for a wide range of commercial and limited manufacturing activity along major transportation routes. In areas with close proximity to the Downtown Business District and public services, mixed-use residential buildings are intended to introduce a diverse twenty-four-hour-a-day residential population to the City's downtown area to support downtown businesses and to increase the range of housing available near the City's Downtown Business District. In addition, it is expected that the additional traffic generated by mixed-use residential developments will require that convenient off-street parking be available on site and within the immediately surrounding neighborhood. Therefore, in an effort to reduce car dependency, utilize existing parking resources, and maintain a walkable, pedestrian-friendly community, all mixed-use residential buildings must be located in proximity to the City's Downtown District where such additional parking resources exist.
[Amended 11-29-1994; 3-23-2023 by L.L. No. 2-2023; 9-11-2023 by L.L. No. 6-2023]
D. 
Neighborhood Commercial C-4 Districts. These districts are designed to provide for local shopping and include a wide range of retail stores and personal service establishments which cater to frequently recurring needs. Since these establishments are required in convenient locations near all residential areas and since they are relatively unobjectionable to nearby residences, these districts can be located in residential areas. The district regulations are designed to promote convenience shopping and the stability of retail development by encouraging continuous retail frontage and by prohibiting large service and manufacturing establishments which tend to break such continuity.
[Amended 12-14-1987; 12-12-1988; 7-26-1993; 11-29-1994; 9-26-1995; 5-8-2000; 5-29-2012; 9-10-2012 by L.L. No. 12-2012; 9-10-2012 by L.L. No. 10-2012; 6-24-2019 by L.L. No. 3-2019; 2-24-2025 by L.L. No. 2-2025]
A. 
Permitted uses. No building or premises shall be used, and no building or part of a building shall be erected which is arranged, intended or designed to be used in whole or in part, for any purpose except the following:
(1) 
Retail stores, including photocopying services.
(2) 
Banks, including drive-in windows.
(3) 
New or used automobile sales establishments.
(4) 
Restaurants; restaurants, carry-out; restaurants, fast-food, drive-through.
(5) 
Beauty parlors, barbershops, tailors and nail shops.
(6) 
Business, professional or governmental offices and schools.
(7) 
Funeral parlors.
(8) 
Automobile gasoline service stations with incidental motor vehicle repair or service with no outdoor overnight storage and provided the facility can meet the requirements of § 575-10.
(9) 
Theaters, subject to the submission of a management plan detailing hours of operation, staffing and security for review and approval by the Commissioner of Public Safety.
(10) 
Newspaper printing, including incidental job printing, using not more than 20 horsepower in electric motive power and having not more than 10 persons engaged therein.
(11) 
Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products where goods so produced or processed are to be sold at retail exclusively on the premises, provided that:
(a) 
An area fully concealed from any street and equal to not more than 20% of the area devoted to retail sales shall be so used.
(b) 
Except in connection with newspaper printing, electrical power not exceeding a total of 10 horsepower in electric motive power shall be used exclusively, except that an installation of 10 horsepower or less using fuel other than electricity may be used upon a finding by the Director of Public Works that said installation shall be free of nuisance characteristics and will have no adverse effect on neighboring uses.
(12) 
Private playgrounds, swimming pools, tennis courts and recreational buildings not conducted as business enterprises, except that the following shall be prohibited:
(a) 
Outdoor entertainment, live or mechanical.
(b) 
The use of an outdoor public address system for any purpose.
(c) 
Exterior lighting other than that essential for the safety and convenience of users of the premises.
(13) 
Dance studios, martial arts studios.
(14) 
Laundromats, including coin-operated laundries, and dry-cleaning stores, except that no dry cleaning may be performed on the premises.
(15) 
Museums.
(16) 
Libraries.
(17) 
Business schools.
(18) 
Health clubs.
B. 
The following uses are permitted subject to the issuance of a special permit by the Director of Planning upon authorization by the Common Council in accordance with the provisions of § 575-57 and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein:
(1) 
Day-care centers and school-age child care as a principal use, subject to the following conditions:
(a) 
Buffering five feet in width and a six-foot-high opaque fence with the finished side facing out shall be required between all exterior play areas and all lot lines.
(b) 
Provision of adequate parking, circulation and pickup/drop-off areas, recognizing this type of use's potential for short-term, high-traffic volume generation.
(2) 
An amusement center and/or children's amusement centers, subject to submission of a management plan detailing hours of operation, staffing and security for review and approval, in addition to the performance standards set forth below:
(a) 
Special permits for amusement centers may be granted for a period of two years upon compliance with the following conditions:
[1] 
Evening closing time shall be as prescribed in the special permit conditions.
[2] 
No outdoor music or entertainment shall be allowed.
[3] 
Maximum site-generated lighting shall not exceed 0.5 footcandle at any property line abutting a residential district, and the source of all outdoor lighting shall not be visible beyond the property line. All selected lighting fixtures shall direct light toward the ground. All lighting plans, interior and exterior, are subject to the approval of the Director of Planning or designee.
[4] 
On-site parking shall be provided as a sum total of all uses on the property as regulated by Subsection H(1) and (2) below.
[5] 
No liquor or cigarettes are to be sold or consumed within the facility.
[6] 
In areas adjacent to residential districts, a visual and noise buffering shall be provided to the satisfaction of the Planning Commission. Such buffering shall include a minimum of twenty-foot-wide perimeter vegetative buffering, fencing, earthen berm, other materials, or some combination thereof, as determined necessary by the Planning Commission to mitigate off-site impacts associated with the subject use.
[7] 
The applicant shall prepare a traffic impact study, which shall include proposals for any necessary mitigation measures to be undertaken by the applicant to the satisfaction of the Planning Commission.
[8] 
As a minimum, the applicant shall provide two security personnel at all times during the hours of operation. If the applicant proposes more than one primary access to the facility, an additional security officer will be required to monitor each access point. In addition, the applicant shall prepare and submit for review a security analysis, which shall include proposals for any mitigation measures to be undertaken by the applicant to the satisfaction of the Common Council.
(3) 
Tattoo studio as the principal use, subject to the following conditions:
(a) 
All tattooists who work in the tattoo studio shall possess New York State tattooist permits under Article 4-A of the State Public Health Law.
(b) 
Each tattooist who works in the tattoo studio shall possess a current tattooist license from another municipality in New York State and shall not be a convicted felon.
(c) 
The tattoo studio shall produce evidence and maintain public liability insurance covering its operations in the minimum coverage amount of $1,000,000.
(d) 
No tattoo studio or tattooist shall tattoo a minor, pursuant to § 260.21 of the State Penal Law.
(e) 
No tattoo studio or tattooist shall tattoo a person who is visibly intoxicated or impaired.
(f) 
No tattoo studio or tattooist shall undertake or permit branding, scarification and body piercing of persons in the tattoo studio.
(g) 
No tattoo studio or tattooist shall sell or give away tattoo equipment in the tattoo studio.
(h) 
Garbage. The tattooist shall provide for the proper and safe disposal of all types of waste products. A private commercial waste disposal company shall be used for the safe disposal of all types of waste products and biomedical waste. The waste disposal contract must be valid for the duration of the special permit. A copy must be submitted at the time of approval or renewal.
(i) 
A tattoo studio may only operate between the hours of 9:00 a.m. and 10:00 p.m.
(j) 
Method of operation. All tattooing shall be performed outside the public view. Each person and establishment regulated hereunder shall perform all tattooing in a designated enclosed area within the confines of the establishment licensed hereunder and out of public view. Each tattoo studio shall have a work room separate and apart from reception and waiting room areas. The work room shall not be used as a corridor for access to other rooms. Patrons or customers shall be tattooed only in said work room.
[1] 
A separate sink and equipment area for sterilization must be incorporated into the floor plan.
(k) 
Distancing from other tattoo studios.
[1] 
A tattoo studio shall be no closer than 500 feet to another existing tattoo studio.
[2] 
Any distancing restrictions provided in the chapter shall be measured along public streets by the shortest route of pedestrian traffic between the respective main public entrances at street level to the buildings housing the tattoo studios or measured horizontally between the respective main public entrances at street level to the buildings housing the tattoo studios, whichever is greater.
(l) 
Renewal of special permits. All special permits for tattoo studios shall be subject to renewal every two years by the Director of Planning. Such renewal shall be based upon a written statement from the Building Inspector that said tattoo studio is in conformity with the terms of its special permit and with the terms of this chapter pertaining to said use. In preparing said written statement, the Building Inspector may request a written statement from the Director of Planning pertaining to conformity with any site plan elements of the special permit. If such a renewal is not filed in complete form within 21 months of the date of the next prior issuance or renewal of the special, the application for renewal shall be automatically denied. If such a renewal is denied by the Director of Planning or automatically denied as set forth herein, the operation of said tattoo studio shall be closed within 24 months of the date of the next prior issuance or renewal of the special permit.
C. 
Accessory uses.
(1) 
Off-street parking and loading.
(2) 
Enclosed storage.
(3) 
Fences not greater than 6 1/2 feet in height.
(4) 
Signs, in accordance with the City of Peekskill Sign Ordinance.[2]
[2]
Editor's Note: See Ch. 468, Signs.
(5) 
Satellite dish antennas, subject to all the requirements set forth in § 575-22C(7).
(6) 
Day-care centers and school-age child care as an accessory use to principal office and industrial uses, subject to the following conditions:
(a) 
Where not more than 20% of the gross floor area is designated day-care center or school-age child care space and the developer of the space guarantees through the use of a deed restriction satisfactory to the City of Peekskill that such space shall remain day-care center or school-age child care space for a period of not less than 20 years, the built space devoted to such use shall not be included in any coverage or floor area calculations.
(b) 
Buffering five feet in width and a six-foot-high opaque fence with the finished side facing out shall be required between all play areas and all lot lines, subject to Planning Commission full or partial waiver of this requirement.
D. 
All uses, whether principal uses or accessory uses, other than off-street parking, shall be carried on in roofed buildings fully enclosed on all sides.
E. 
Uses prohibited. Any use which is noxious or offensive by reason of emission of odor, dust, noise, smoke, gas, fumes or radiation or which presents a hazard to public health or safety is prohibited.
F. 
Lot area and building requirements.
C-1 District
C-1A District
Minimum lot area (acres)
5
3
Minimum frontage on any street from which access is provided (feet)
250
150
Minimum depth at any point (feet)
200
100
Minimum front yard (feet)
100
50
Minimum side or rear yard along property line (feet)
50
30
Minimum side or rear yard where property adjoins residential district (feet)
70
40
Maximum coverage of all buildings, principal and accessory
20%
20%
Maximum floor area ratio (FAR)
0.5
0.5
Maximum length of building (feet)
250
—
G. 
Location of accessory buildings on lot. Accessory buildings may be erected not nearer than 10 feet to a property line, except that where such property line adjoins a residence district, such accessory building may be no closer than 25 feet; however, in no case shall an accessory building be closer to the street line than the principal building.
H. 
Off-street parking.
(1) 
All parking and service areas shall be screened from the view of adjoining residential districts by an opaque fence or wall at least six feet but no more than 10 feet high or evergreen hedge of a height when planted of not more than six feet.
(2) 
The following off-street parking requirements shall apply:
Use
Required Spaces
Retail business
1 for each 300 square feet of gross floor area
Service business
1 for each 200 square feet of customer service area
Banking office
3 for each person employed therein as a teller
Restaurant
1 for each 100 square feet of patron use area
Professional or business office not for a doctor or dentist
1 for each 300 square feet of gross floor area exclusive of bulk storage and utility areas or 1 per employee, whichever is greater
Office of a doctor or dentist
4 for each doctor or dentist, plus 1 for each 2 employees
Funeral home
1 for each 60 square feet of floor area available for public use
Theater or other place of public assembly
1 for each 4 seats
Manufacturing
1 for each employee on the largest work shift or 1 per 300 square feet of gross floor area, whichever is greater
Hospital
1 for each 3 beds, plus 1 for each 2 members of staff on largest shift
Automobile gasoline service stations automobile gasoline service stations with convenience stores
1 for each 300 square feet of gross floor area, plus 1 for each employee
Automobile sales and rentals
1 for each 400 square feet of gross floor area, plus 1 for each 2,000 square feet of out- door display area, plus 2 for each service bay, plus 1 for each employee
Day-care center or school-age child care
As a principal use, 1 parking space per 10 on the maximum shift plus 1 parking space per employee on the maximum shift; as an accessory use, 1 parking space per employee on the maximum shift
Museum
1 for each 1,000 square feet of gross floor area plus 1 per employee on the maximum shift
Libraries
1 for each 500 square feet of gross floor area plus 1 per employee on the maximum shift
School, business
1 for each 2 classroom seats plus 1 per staff member on the maximum shift
Uses not listed
As determined by the Planning Commission to be needed to prevent frequent parking on the street by persons visiting or connected with each such use
I. 
Off-street loading.
(1) 
All loading and unloading shall take place entirely on the lot of the principal use but not nearer than 50 feet to any residential district boundary.
(2) 
The following off-street loading requirements shall be met:
Building Floor Area
(square feet)
Loading Space Required
For uses where merchandising or storage is to be carried on
Less than 20,000
1
20,000 to 39,999
2
40,000 to 59,999
3
Each 50,000 over 60,000
1 additional
All other uses
As deemed necessary by the Planning Commission
[1]
Editor's Note: See also Art. III, Supplementary District Regulations.
[Amended 8-13-1979; 12-14-1987; 8-12-1991; 7-26-1993; 11-29-1994; 9-26-1995; 12-14-2009 by L.L. No. 21-2009; 12-14-2009 by L.L. No. 19-2009; 6-28-2010 by L.L. No. 6-2010; 6-28-2010 by L.L. No. 6-2010; 7-19-2010 by L.L. No. 7-2010; 7-11-2011 by L.L. No. 8-2011; 5-14-2012 by L.L. No. 7-2012; 5-29-2012; 9-10-2012 by L.L. No. 10-2012; 9-10-2012 by L.L. No. 12-2012; 1-28-2013 by L.L. No. 2-2013; 10-14-2014 by L.L. No. 6-2014; 5-26-2015 by L.L. No. 4-2015; 9-14-2015 by L.L. No. 7-2015; 10-22-2018 by L.L. No. 8-2018; 6-24-2019 by L.L. No. 3-2019; 2-28-2022 by L.L. No. 4-2022; 10-15-2024 by L.L. No. 2-2024; 2-24-2025 by L.L. No. 2-2025; 11-24-2025 by L.L. No. 13-2025]
A. 
Permitted uses. No building or premises shall be used, and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purposes except the following:
(1) 
Retail stores.
(2) 
Banks, including drive-in windows.
(3) 
Beauty parlors, barbershops, tailors, nail shops.
(4) 
Appliance repair and photocopying.
(5) 
Business, professional or governmental offices and/or schools.
(6) 
Funeral parlors.
(7) 
Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products where goods so produced or processed are to be sold at retail exclusively on the premises, provided that:
(a) 
An area fully concealed from any street and equal to not more than 20% of the area devoted to retail sales shall be so used.
(b) 
Except in connection with printing, electrical power shall be used exclusively, except that fuel other than electricity may be used upon a finding by the Director of Public Works that said installation shall be free of nuisance characteristics and will have no adverse effect on neighboring uses.
(8) 
Restaurants; restaurants, carry-out.
(9) 
Artist studios, art galleries.
(10) 
Dance studios, martial arts studios.
(11) 
Dry-cleaning stores, except that no dry cleaning may be performed on the property.
(12) 
Museums.
(13) 
Libraries.
(14) 
Business schools.
(15) 
Small theaters.
(16) 
One building containing four or fewer art lofts, subject to the development standards outlined in § 575-33B(3)(b) and (c).
(17) 
Entertainment venue. Defined as a business enterprise which provides or permits any musical entertainment, singing, dancing, or other forms of amusement in connection with the service of food or beverages, but not including a restaurant, bar or cafe. See standards set forth in Chapter § 278, Fire Safety and Property Maintenance, for operating permits.
B. 
Uses subject to issuance of special permit. The following uses are permitted subject to issuance of a special permit by the Director of Planning upon authorization by the Common Council or, where indicated, by the Planning Commission, in accordance with the provisions of § 575-57 herein and subsequent approval by the Planning Commission of a site plan in accordance with § 575-56 herein.
(1) 
Restaurants with a designed indoor seating capacity of more than 200 patrons shall be subject to approval by a special permit of the Planning Commission.
(2) 
Senior citizen housing, subject to the following standards:
(a) 
Not more than 5% of the total number of apartments proposed may be as large as two-bedroom size; all others shall be of efficiency or one-bedroom size.
(b) 
The number of parking spaces shall not be less than one for each three dwelling units. This number may be reduced to one parking space for each 3.5 dwelling units in the event that the approved development is adjacent to or within 200 feet of either an existing municipal parking lot or a proposed municipal parking lot shown on the officially adopted Comprehensive Plan of the City of Peekskill as adopted by the Planning Commission.
(c) 
The Planning Commission shall be required to make a finding that the proposed development is compatible with the Comprehensive Plan proposals in the immediate surrounding area.
(d) 
Landscaping for such a project shall be approved by the Planning Commission with particular regard for its suitability for senior citizens' utilization. A written report indicating the design characteristics of such landscaping plan, including shade trees, recreation and sitting areas, and clear indication that the particular landscape design is suitable for the proposed senior citizens' use shall be submitted by the applicant.
(e) 
Any construction for senior citizens development within the C-2 Zoning District shall be of fully fireproof design and construction in accordance with minimum standards as set forth in the New York State Uniform Fire Prevention and Building Code for Type 1 construction.
(f) 
Lot area and depth. Except as specified hereinafter, the land area provided for each dwelling unit on the lot shall not be less than 350 square feet. No lot shall have an average depth of less than 100 feet.
(g) 
Yards. Except as otherwise permitted or required, the following yards shall be provided on each lot:
[1] 
Front yard. There shall be a front yard with a minimum depth of 25 feet or 1/5 the height of any wall of any building fronting thereon, whichever is the greater number.
[2] 
Side yard. No building up to 36 feet in height or part thereof shall be erected nearer to any side lot line than a distance equal to 1/2 the height of the wall or walls of such building which face(s) the side lot lines, but in no case nearer than 12 feet to such lot line. No building with a height in excess of 36 feet shall be erected nearer to any side lot line than a distance of 30 feet.
[3] 
Rear yard. There shall be a rear yard with a minimum depth of 30 feet or 1/2 the height of the building, whichever is greater.
(h) 
Maximum intensity of use and coverage. No building shall be erected or enlarged in which the aggregate floor area shall exceed 2.5 times the area of the lot on which such building stands.
(i) 
Usable open space. At least 150 square feet of usable open space shall be provided on the lot for every dwelling unit on such lot. Notwithstanding the minimum dimension of 40 feet for usable open space as defined in § 575-60, the minimum dimension may be reduced to 25 feet for less than 50% of such space as may be considered.
(3) 
Artist lofts.
(a) 
When an action will result in one building containing five or more artist lofts, the artist loft shall be subject to the issuance of a special permit by the Planning Commission.
(b) 
Development standards.
[1] 
No artist loft may exist on the first floor of the structure in which it is located, except as provided in § 575-33B(11)(b). This provision may be waived by the Planning Commission only if all of the following conditions are satisfied:
[a] 
That artist loft is arranged in such a fashion that the residential portion is located on the second floor of the building.
[b] 
That retail functions occur on the first floor of the artist loft.
[c] 
That the appearance of the loft from the street shall be consistent with the retail nature of the surrounding area.
[d] 
That the entrance to the artist loft, including retail, studio and residential areas, is exclusive and shall not be shared with any other use in the building.
[2] 
Each artist loft shall be separated from other artist lofts or other uses within a particular building. Access to artist lofts may be provided from common access areas, halls or corridors.
[3] 
Each artist loft must be individually equipped with an enclosed bathroom containing a bathroom sink, water closet, shower and appropriate venting.
[4] 
Each artist loft must be individually equipped with a kitchen that contains a four-burner stove and oven, with a range hood vented to the exterior of the unit. Each unit must provide a minimum of five feet of countertop, a kitchen sink, and a minimum of 10 linear feet of storage cabinetry. Each unit must contain a garbage compactor and garbage disposal unit.
[5] 
Each artist loft must contain a livable floor area of no less than 800 square feet.
[6] 
No more than 49% of the livable floor area of the artist loft may be devoted to residential space. In no event may said residential area exceed 980 square feet.
[a] 
Direct access between living and working areas must be provided, and no separate access/egress to the residential area is permitted except for emergency access/egress.
[7] 
Sprinkler systems must be provided in all common hallways and areas of any building containing an artist loft if the loft contains only one legal means of egress. Hard-wired smoke detectors with battery backups must be provided for all units.
(c) 
Other requirements.
[1] 
In order to ensure that the use is compatible with the other nearby uses, artist lofts shall not be used for storage of flammable liquids or hazardous materials; welding; or any open-flame work. Further, the creation of art shall be so conducted as not to cause noise, vibration, smoke, odors, humidity, heat, cold, glare, dust, dirt or electrical disturbance which is perceptible by the average person located within the first-floor space or any other commercial or residential unit within the structure or beyond any lot line.
[2] 
The artist loft must be occupied by at least one person who is certified as an artist by the City's Artist Certification Committee.
[3] 
The artwork that is to be created within the artist loft must be compatible with other uses which occur or are to occur within the building in which the artist loft is to be located.
[4] 
No more than two persons per bedroom may reside within an artist loft.
[5] 
Up to three nonresident employees may be employed within an artist loft. This requirement may be waived for artist lofts that occur on the first floor of a structure that provide retail space on that first floor.
[6] 
Other than in a first-floor retail-oriented area, articles offered for sale within an artist loft must include those produced by the artist occupying said artist loft and may be offered with other like items.
[7] 
Air conditioners, clotheslines and other objects or equipment shall be prohibited from projecting from any window that is visible from a public street.
[8] 
One flush-mounted, nonilluminated sign attached adjacent to or near the street entrance door to the artist loft may be used to identify the artist. This sign may list only the name of the artist with a one- or two-word description of the type of artwork or craft that is to be conducted within the artist loft. Where two or more artist lofts occur within the same building, the signs must be placed in an orderly fashion in relation to each other and must be part of a coherent directory in which signs are ordered in a horizontal fashion.
[9] 
Work space and accessory residential space shall not be rented separately or used by persons other than those people legally residing within the artist loft.
[10] 
A minimum of one off-street parking space per artist loft must be provided on site. This requirement may be waived pursuant to § 575-33G, Note 1, with the further requirement that the applicant obtain and maintain an annual parking permit in a designated municipal off-street parking facility.
(d) 
Procedures.
[1] 
Renewal of special permits. All special permits for artist lofts in the C-2A District shall be subject to renewals every two years by the Director of Public Works. Such renewal shall be based upon a written statement from the Building Inspector that said artist loft is in conformity with the terms of its special permit and with the terms of this chapter pertaining to said use. In preparing said written statement, the Building Inspector may request a written statement from the Director of Planning, Development and Code Enforcement pertaining to conformity with any site plan elements of the special permit. If such a notice is not filed, the application for renewal shall be automatically denied and all artist lofts must be amortized within 90 days.
[a] 
Procedures for the renewal of special permits:
[i] 
Prior to the expiration date of the special permit, the owner or manager of the building shall file a request for inspection with the Department of Public Works, which must be accompanied by an inspection fee, the cost of which shall be equal to the cost of obtaining a special permit for an artist loft at the time of the request. If the owner or manager fails to apply for a request for an inspection permit prior to the date of the expiration of the special permit, the special permit shall lapse, and the use of artist loft shall be terminated within 90 days.
[ii] 
When a request for an inspection is received by the Department of Public Works, the Building Inspector shall contact the owner or manager of the building and shall arrange for an appointment for inspection and shall issue a report of compliance with the terms of this subsection, the special permit and site plan based on that inspection. The report shall also indicate if all loft entities and appliances are well-maintained and in working order.
[iii] 
If the Building Inspector issues a report indicating compliance with the terms of this subsection, the special permit and site plan and indicates that all loft entities and appliances are well-maintained and in working order the application shall be renewed by the Director of Public Works for an additional two-year period.
[iv] 
If the Building Inspector issues a report indicating noncompliance with the terms of this subsection, the special permit or site plan, and further finds that any loft structure and appliances are not well-maintained are not in working order, the building owner or manager shall have 60 days by which to rectify all noncomplying elements and shall reapply for an appointment for inspection with the Department of Public Works, subject to an additional inspection fee, the cost of which shall be equivalent to the cost of the original inspection fee. If such application for an appointment for an inspection is not received by the Department of Public Works within this sixty-day period, the special permit shall expire and all residential uses subject to said special permit shall be terminated. If the Department of Public Works issues a report indicating compliance, the Director of Public Works shall renew the special permit for an additional two-year period in accordance with the procedures set forth above. If the Building Inspector issues a report indicating noncompliance with the terms of this subsection, the special permit and final site plan and further finds that all apartment entities and appliances are not well-maintained and are not in working order, the use as an artist loft shall be terminated.
[v] 
In the event that any renewal of a special permit is denied by the Department of Public Works, the holder of such permit shall have the right, within 30 days of such denial, to appeal the denial to the Board which issued the original special permit.
(4) 
Day-care centers and school-age child care as a principal use, subject to the following conditions:
(a) 
Buffering five feet in width and a six-foot-high opaque fence with the finished side facing out shall be required between all play areas and all lot lines, subject to Planning Commission full or partial waiver of this requirement.
(b) 
Provision of adequate parking, circulation and pickup/drop-off areas, recognizing this type of use's potential for short-term, high-traffic volume generation.
(5) 
Theaters, subject to the submission of a management plan detailing hours of operation, staffing and security for review and approval by the Commissioner of Public Safety.
(6) 
Restaurants having accessory outdoor dining service on the same parcel as the restaurant or on an adjacent parcel shall be subject to approval by a special permit of the Planning Commission.
(a) 
Procedures.
[1] 
Renewal of special permit. Special permits for accessory outdoor dining in the C-2 District shall be subject to renewal by the Director of Planning every two years. Such renewal shall be based upon a written statement from the Building Inspector that outdoor dining is in conformity with the terms of its special permit and with the terms of this chapter pertaining to said use.
[a] 
Procedures for the renewal of special permits:
[i] 
Prior to the expiration date of the special permit, the owner of the restaurant (or designee) shall file a request for inspection with the Director of Planning, which must be accompanied by an inspection fee, the cost of which shall be equal to the cost of obtaining a special permit for accessory outdoor dining at the time of the request. If the owner fails to apply for a request for an inspection prior to the date of the expiration of the special permit, the special permit shall immediately lapse.
(b) 
Special permit standards.
[1] 
All outdoor use or service shall be accessory to and used in conjunction with an enclosed restaurant located on the same parcel or an adjacent parcel under legal control by the same management.
[2] 
Separation of adjacent properties and the right-of-way, including sidewalks, from customers by landscaping, low walls or fencing.
[3] 
All tables, chairs or other seating and activities shall take place entirely on the subject parcel(s). The City right-of-way and sidewalk shall at all times remain clear of the outdoor facility or service activities other than pursuant to an accessory sidewalk cafe permit issued under Chapter 505 of the City Code.
[4] 
Sunday through Thursday evening closing time for outdoor service shall be no later than 11:00 p.m., and Friday and Saturday evening closing time for outdoor service shall be no later than 12:00 midnight.
[5] 
Chapter 391, Noise, of the City Code must be adhered to at all times.
[6] 
The outdoor facility or service area shall be kept free of debris and litter.
[7] 
Exterior lighting shall be directed onto the accessory outdoor dining area and shall not intrude onto the adjoining properties.
[8] 
Alcoholic beverages can only be served during times when food service is available.
[9] 
The operator of the accessory outdoor dining area shall take whatever steps are necessary to procure the appropriate license from the State Liquor Authority if it intends to serve alcoholic beverages in the outdoor dining area and shall comply with all other laws and regulations concerning the serving of alcoholic beverages in New York.
(7) 
Restaurants having accessory outdoor entertainment shall be subject to approval by a special permit of the Planning Commission.
(a) 
Performance standards:
[1] 
Procedures for renewal of special permit. Special permits for accessory outdoor entertainment in the C-2 District shall be subject to annual renewal by the Director of Planning. Such renewal shall be based upon written statements from the Chief of Police and the Building Inspector that outdoor entertainment is in conformity with the terms of its special permit, with the terms of this chapter pertaining to said use, and with all applicable laws and regulations.
[a] 
Procedures for the renewal of special permits:
[i] 
Prior to the expiration date of the special permit, the owner of the standard restaurant (or designee) shall file a request for inspection with the Director of Planning, which must be accompanied by an inspection fee, the cost of which shall be equal to the cost of obtaining a special permit for accessory outdoor entertainment at the time of the request. If the owner fails to apply for a request for an inspection prior to the date of the expiration of the special permit, the special permit shall immediately lapse.
[2] 
Accessory outdoor entertainment is only permitted in conjunction with accessory outdoor dining, which shall require a separate special permit under this chapter.
[3] 
Accessory outdoor entertainment shall not be allowed on Mondays through Wednesdays and shall only be allowed on Thursdays through Sundays at the following hours: Thursdays through Saturdays from 12:00 noon until 10:00 p.m. and Sundays from 12:00 noon until 5:00 p.m.
[4] 
Noise from accessory outdoor entertainment shall be mitigated to the greatest extent practicable, using measures approved by the Planning Commission.
(8) 
Tattoo studio as the principal use, subject to the following conditions:
(a) 
All tattooists who work in the tattoo studio shall possess New York State tattooist permits under Article 4-A of the State Public Health Law.
(b) 
Each tattooist who works in the tattoo studio shall possess a current tattooist license from another municipality in New York State and shall not be a convicted felon.
(c) 
The tattoo studio shall produce evidence and maintain public liability insurance covering its operations in the minimum coverage amount of $1,000,000.
(d) 
No tattoo studio or tattooist shall tattoo a minor, pursuant to § 260.21 of the State Penal Law.
(e) 
No tattoo studio or tattooist shall tattoo a person who is visibly intoxicated or impaired.
(f) 
No tattoo studio or tattooist shall undertake or permit branding, scarification and body piercing of persons in the tattoo studio.
(g) 
No tattoo studio or tattooist shall sell or give away tattoo equipment in the tattoo studio.
(h) 
Garbage. The tattooist shall provide for the proper and safe disposal of all types of waste products. A private commercial waste disposal company shall be used for the safe disposal of all types of waste products and biomedical waste. The waste disposal contract must be valid for the duration of the special permit. A copy must be submitted at the time of approval or renewal.
(i) 
A tattoo studio may only operate between the hours of 9:00 a.m. and 10:00 p.m.
(j) 
Method of operation. All tattooing shall be performed outside the public view. Each person and establishment regulated hereunder shall perform all tattooing in a designated enclosed area within the confines of the establishment licensed hereunder and out of public view. Each tattoo studio shall have a work room separate and apart from reception and waiting room areas. The work room shall not be used as a corridor for access to other rooms. Patrons or customers shall be tattooed only in said work room.
[1] 
A separate sink and equipment area for sterilization must be incorporated into the floor plan.
(k) 
A minimum of 200 square feet of the tattoo studio must be dedicated as art gallery space. The tattooing area and the art gallery space must be separated in a manner satisfactory to the Building Inspector.
(l) 
Distancing from other tattoo studios and standard schools.
[1] 
A tattoo studio shall be no closer than 500 feet to another existing tattoo studio.
[2] 
A tattoo studio shall be no closer than 500 feet to any standard school containing any of the grades of kindergarten through twelfth grade.
[3] 
Any distancing restrictions provided in the chapter shall be measured along public streets by the shortest route of pedestrian traffic between the respective main public entrances at street level to the buildings housing the tattoo studio(s) or school or measured horizontally between the respective main public entrances at street level to the buildings housing the tattoo studio(s) or standard school, whichever is greater.
(m) 
Tattoo studios shall not be permitted in artist lofts.
(n) 
Tattoo studios shall only be permitted on the first floor.
(o) 
In order to provide a buffer between tattoo studios and high-density residential development (buildings with a net density of over 25 units per acre) in the C-2 District, tattoo studios shall not be permitted on Main Street between Nelson Avenue and North Division Street, and on South Street between Depew Street and Union Avenue.
(p) 
Renewal of special permits. All special permits for tattoo studios shall be subject to renewals every two years by the Director of Planning. Such renewal shall be based upon a written statement from the Building Inspector that said tattoo studio is in conformity with the terms of its special permit and with the terms of this chapter pertaining to said use. In preparing said written statement, the Building Inspector may request a written statement from the Director of Planning pertaining to conformity with any site plan elements of the special permit. If such a renewal is not filed in complete form within 21 months of the date of the next prior issuance or renewal of the special permit, the application for renewal shall be automatically denied. If such a renewal is denied by the Director of Planning or automatically denied as set forth herein, the operation of said tattoo studio shall be closed within 24 months of the date of the next prior issuance or renewal of the special permit.
(9) 
Bed-and-breakfast hotel, subject to the following standards:
(a) 
Permitted in the Local Downtown Historic District, as established under Chapter 322 of the Code of the City of Peekskill, in accordance with the 2001 resolution of the Common Council adopting the boundaries and the corresponding map.
(b) 
Each bed-and-breakfast hotel shall be established, maintained and operated so as to preserve and complement the character and integrity of the surrounding area when the facility is established.
(c) 
The owner of the bed-and-breakfast hotel must reside in and continue to reside in the dwelling as his/her/their principal residence. The owner will provide an annual sworn statement to the City Clerk certifying to such residency.
(d) 
Bed-and-breakfast guest rooms shall not be permitted on the first floor of a building. Office space and living quarters for the owner are permitted on the first floor.
(e) 
The bed-and-breakfast hotel shall have a minimum of two and a maximum of five guest rooms.
(f) 
The total number of paying adult guests accommodated per night shall not exceed 10. No more than two adult guests are allowed per room. Further, no guest shall stay for a period of time in excess of 14 consecutive days. Documentation verifying the length of stay of each guest, such as a registration ledger or receipts, will be made available to the Code Enforcement Officer or the Building Department upon request.
(g) 
A site plan and detailed floor plan shall be required as a condition of this special permit.
(h) 
Parking. The bed-and-breakfast hotel shall provide a minimum of one off-street parking space for the owner/staff, and at least one parking space per guest room.
[1] 
Parking for staff may be waived if the owner can demonstrate available nearby parking off site. Pursuant to § 575-33G, the off-street parking requirement may be waived by the Planning Commission.
(i) 
The residence must be issued a certificate of occupancy from the Building Inspector as a bed-and-breakfast hotel. A fee, consistent with the issuance of a commercial certificate of occupancy, is required.
(j) 
A smoke detector and carbon monoxide detector is required in each guest room.
(k) 
The Building Inspector (or designee) shall be given such access to be given access to perform annual inspections to ensure compliance with all federal, state and local codes, rules and regulations, including the New York State Uniform Fire Prevention and Building Code. Such inspections may be made with or without prior notice thereof.
(l) 
A single exterior sign or display may be established on the site of the bed-and-breakfast hotel. Said sign or display shall not exceed eight square feet in area. No freestanding sign shall be located less than 10 feet from the front property line nor less than five feet from the side property line.
[1] 
Said sign or display shall be as unobtrusive as reasonably possible and may be externally illuminated, provided it is shielded so as to prevent glare onto adjoining properties. Signs shall adhere to all applicable provisions of Chapter 468, Signs, of the Code of the City of Peekskill.
[2] 
Signs in the Local Downtown Historic District must be renewed by the Historic Landmark Preservation Board in accordance with § 468-4A, and a permit denial can be appealed in accordance with § 468-4D.
(m) 
A full, hot breakfast must be served in a designated dining area within the bed-and-breakfast hotel, and only to overnight guests. Other meals are not permitted.
(n) 
Each special permit shall expire on the third anniversary of the issuance of the initial certificate of occupancy from the Building Department. The applicant must apply for a special permit renewal.
(o) 
The bed-and-breakfast must be in compliance with all applicable federal, state, and local laws.
(p) 
The Planning Commission shall have the right to impose and include additional conditions as it may deem necessary to effectuate the purpose of this chapter.
(10) 
Upper-floor dwelling units in existing buildings, subject to approval of a special permit by the Planning Commission or, where indicated below, by the Common Council.
(a) 
Standards.
[1] 
The portion of the building used for residential purposes shall have an entrance that does not require access through the portion of the building used for nonresidential purposes, other than by means of a common lobby.
[2] 
Minimum residential dwelling unit floor area shall be 600 square feet.
[3] 
Each unit must contain a garbage compactor and garbage disposal unit.
(b) 
Approval of a special permit by the Common Council shall be required for any upper-floor dwelling unit proposed to be created from the conversion of existing artist loft space.
[1] 
A special permit may be provided subject to the approval of the Common Council when requested by an owner of a property containing Artists Lofts after:
[a] 
The owner of the property has submitted an affidavit to the Director of Planning stating that (i) the owner contacted the current list of Peekskill Certified Artists; (ii) the unit has been listed as available on a listserv (such as Craigslist) and a website frequented by artists (such as ListingProject.com), (iii) the owner has engaged a real estate professional experienced with artist rentals, and (iv) the owner has posted "Artist Loft Available" on the building, for three months after receiving (or issuing) notice that the unit will be vacant such that the unit has been vacant for at least two months; and that such unit has been vacant for at least two months. Then upon the approval of the Common Council such unit may be made available for lease to non-artists for a period of two years.
[b] 
A unit made available to a non-artist pursuant to the provisions of this § 575-33B10(b)[1] shall be valid for no more than two years after issuance unless at the end of such two-year period, the property owner submits a sworn affidavit to the City that a non-artist is leasing the unit for which the original special permit was provided, then the Common Council may approve the extension of the permit by the Director of Planning without a fee until the non-artist vacates the unit.
[c] 
When a non-artist tenant vacates an artist loft unit which unit had been provided a special permit pursuant to the terms of this § 575-33B10(b)[1] after the initial two-year period, the owner shall submit to the Director of Planning a sworn affidavit that (i) the owner contacted the current list of Peekskill Certified Artists regarding the vacancy of the unit; and (ii) the owner posted the availability of the loft on a listserv (such as Craigslist) and a website frequented by artists (such as ListingProject.com), engaged a real estate professional experienced with artist rentals, and posted "Artist Loft Available" on the building, for three months after receiving (or issuing) notice that the tenant will vacate; and (iii) the unit has been vacant for at least two months. Should the owner be unable to rent the unit to a certified artist, then a new application may be submitted seeking a special permit for the unit which permit shall not be subject to a new special permit fee with the consent of the Common Council.
(11) 
Mixed-use buildings, subject to approval of a special permit by the Planning Commission.
(a) 
Standards.
[1] 
Ground floors of mixed-use buildings shall be used for nonresidential purposes only. Active commercial uses - such as retail stores, restaurants, art galleries, etc. - are strongly preferred for the ground floor of mixed-use buildings. Upper floors may be used for residential purposes.
[2] 
Minimum dwelling unit floor area shall be 600 square feet. The average dwelling unit floor area within a single newly constructed building shall not be less than 750 square feet per unit.
[3] 
The portion of the building used for residential purposes shall have an entrance that does not require access through the portion of the building used for nonresidential purposes, other than by means of a common lobby.
[4] 
Each dwelling unit must contain a garbage compactor and garbage disposal unit. This requirement may be waived by the Planning Commission if a suitable alternative is proposed.
[5] 
Lot and building requirements shall be the same as elsewhere in the C-2 District, except that for a newly constructed building:
[a] 
Maximum floor area ratio: 3.6.
[b] 
Maximum height: 50 feet, four stories (above ground).
[c] 
At the discretion of the Planning Commission, maximum floor area ratio can be increased to 4.5, and maximum building height increased to 65 feet (five stories, above ground), for new mixed-use buildings in which at least one full story is developed as artist lofts, subject to the development standards outlined in § 575-33B(3)(b) and (c). The Planning Commission shall ensure that any artist loft created in exchange for this density bonus shall remain an artist loft for a period of not less than 10 years.
[6] 
Off-street parking. In addition to the requirements in § 575-33G, off-street parking provided for new mixed-use buildings shall be located below ground, inside the building, or in the rear portion of the lot, and shall not be visible from the street (except for the location of ingress/egress), to the maximum extent practicable.
(b) 
For buildings located partially or entirely along the following streets: Diven Street, Howard Street, Decatur Avenue, First Street, Second Street, Elizabeth Street, North Broad Street north of Main Street, North James Street north of Main Street, and Union Avenue south of South Street:
[1] 
The Planning Commission shall make the following findings regarding the design of a proposed mixed-use building:
[a] 
The scale, massing and style of a proposed project shall be compatible with, and not negatively affect the character of abutting uses, particularly existing one-, two- and three-unit residential development located in close proximity to the property boundaries;
[b] 
The design of the building and site shall include features that enhance the visual aesthetic and pedestrian experience, such as streetscape improvements, attractive lighting, benches, variation of facade and building materials, landscaping, and suitable building and parking location and orientation;
[c] 
The proposed development must be well integrated with adjacent lower scaled residential neighborhoods with respect to massing, setbacks, building orientation, and encourage shared or private landscaped side and rear yards, especially when adjacent to lower density residential uses;
[d] 
The proposed development shall not take access from the streets listed above except where the Planning Commission finds that no significant adverse effect shall occur;
[e] 
The proposed development shall not adversely affect parking along the streets listed above except where the Planning Commission finds that no significant adverse effect shall occur.
[2] 
Residential use is not permitted on the ground floor or lowest floor bordering Main Street, Brown Street, and South Street.
[3] 
The location of ground floor nonresidential uses and nonresidential entrances in a mixed-use project shall be limited to a block frontage where 50% or more of ground floor uses are nonresidential, as measured on each block frontage from corner to corner in linear feet. Where 50% or more of ground floor uses on a block frontage are residential, the facade design and entrances must be entirely residential in character.
[4] 
Development density shall be limited to an FAR of 3.0, and building coverage shall be limited to 60%.
[5] 
Minimum dwelling unit floor area shall be 600 square feet. The average dwelling unit floor area within a single newly constructed building shall not be less than 750 square feet per unit.
[6] 
The number of parking spaces shall not be less than 1.25 for each dwelling unit. This number may be reduced to one parking space for each dwelling unit in the event that the approved development is adjacent to or within 500 feet of either an existing municipal parking lot or a parking lot that is dedicated to the project. The parking requirement may also be reduced only to the extent that the proposed development creates additional new on-street parking, such as by eliminating existing curb cuts or adding diagonal parking.
[7] 
The height of any mixed-use project shall not exceed 35 feet or 3.5 stories. To ensure compatible development, the Planning Commission may further limit the height to the height of an abutting residential structure.
[8] 
New public open space or connections to existing open spaces, as applicable, shall be encouraged.
[9] 
Appropriately scaled green infrastructure to improve stormwater management, such as rain gardens, green roofs, and cisterns, shall be encouraged.
[10] 
All development shall comply with § 575-33B(11)(a)[3] and [4] with regard to building entrances and appliances.
(12) 
Health clubs, subject to the following standards and findings:
(a) 
The health club shall be located on the ground floor and/or the basement of a building. The health club may occupy additional, space on the second floor, so long as this space is located directly above the health club's ground floor space.
(b) 
The entrance to the health club shall be exclusive and shall not be shared with any other use in the building, other than by means of a common lobby.
(c) 
The Common Council shall find that the applicant's management plan detailing hours of operation, staffing, etc., is acceptable to create a safe and secure facility.
(d) 
The Common Council shall find that the applicant's security plan is acceptable, after consultation with and written comments from the Peekskill Chief of Police.
(e) 
The Common Council shall find that the appearance of the health club from the street is consistent with the retail and service-oriented nature of the surrounding area.
C. 
Accessory uses: except as hereinafter regulated, the same as C-1 District, § 575-32C. All uses, whether principal uses or accessory uses, other than off-street parking, shall be carried on in roofed buildings fully enclosed on all sides.
D. 
Uses prohibited. Any use which is noxious or offensive by reason of emission of odor, dust, noise, smoke, gas, fumes, radiation or which presents a hazard to public health or safety is prohibited.
E. 
Lot and building requirements.
(1) 
Minimum lot area: none.
(2) 
Minimum frontage: none.
(3) 
Minimum depth: none.
(4) 
Minimum yards. Except as otherwise provided in Subsection B(1), no front, side or rear yard is required, but if provided, such yard shall have a minimum dimension of not less than six feet.
(5) 
Maximum coverage: 90%.
(6) 
Maximum floor area ratio: 2.5, except that for each reduction of 5% in coverage, an additional 0.1 of FAR shall be permitted up to a maximum of two.
F. 
Location of accessory buildings on lot. Accessory buildings may be erected on the property line, but if an accessory is set back, such setback shall be at least six feet.
G. 
Off-street parking.
(1) 
All parking and service areas shall be screened from the view of adjoining residential districts by an opaque fence or wall at least six feet but no more than 10 feet high or evergreen hedge of a height when planted of not less than six feet.
(2) 
The following off-street parking requirements shall apply:
Use
Required Spaces
Retail business
1 for each 300 square feet of gross floor area
Service business
1 for each 200 square feet of customer service area
Banking office
3 for each person employed therein as a teller
Restaurant
1 for each 100 square feet of patron use area
Professional or business office not for a doctor or dentist
1 for each 300 square feet of gross floor area exclusive of bulk storage and utility areas or 1 per employee, whichever is greater
Office of a doctor or dentist
4 for each doctor or dentist, plus 1 for each 2 employees
Funeral home
1 for each 60 square feet of floor area available for public use
Theater
1 for each 4 seats
Manufacturing
1 for each employee on the largest work shift or 1 per 300 square feet of gross floor area, whichever is greater
Day-care center or school-age child care
As a principal use, 1 parking space per 10 children on the maximum shift plus 1 parking space per employee on the maximum shift; as an accessory use, 1 parking space per employee on the maximum shift
Houses of worship
1 per 4 seats
Museum
1 for each 1,000 square feet of gross floor area plus 1 per employee on the maximum shift
Libraries
1 for each 500 square feet of gross floor area plus 1 per employee on the maximum shift
School, business
1 for each 2 classroom seats plus 1 per staff member on the maximum shift
Upper-floor dwelling units
1.25 for a 1-bedroom unit, 1.5 for a 2-bedroom unit, and 2.0 for a 3-bedroom (or greater) unit
Health clubs
1 for each 200 square feet of patron use area
Uses not listed
As determined by the Planning Commission to be needed to prevent frequent parking on the street by persons visiting or connected with each such use
NOTE 1: All or portions of the off-street parking requirement may be waived by the Planning Commission, provided that:
(a)
The proposed use is within 500 feet of a municipally operated off-street parking facility, such distance to be measured from the midpoint of the front street lot line.
(b)
The Planning Commission shall, at the time of site plan approval, certify on such plan that the municipally operated off-street parking facility has adequate capacity for storage of passenger vehicles generated by activities proposed to be conducted on the subject lot in addition to those generated by any other uses already serviced by such off-street parking facility. In determining the existence of such adequate capacity, the Planning Commission shall consider the need for preventing frequent parking on the street by persons visiting or connected with each use which is proposed to be served by such off-street municipal parking facility.
(c)
Appropriate arrangements for use of such spaces can be made.
(d)
For residential units created through new construction or more than two residential units created through renovation within the boundaries of the Downtown Parking District, the Planning Commission shall take into consideration §§ 575-12.1 and 12.2. Note 1(a), (b) and (c) above shall not apply.
NOTE 2: Where two or more uses are on the same lot, the total amount of parking spaces to be provided shall be the sum of the requirements, if any, for each individual use on the lot. The Planning Commission may vary this requirement if the Commission finds that the variation in the probable time of maximum use by employees and/or patrons of such establishments is such as to permit a variation; however, once one or more of the uses terminate, the property owner shall be responsible for assuring adequate parking in conformance with the standards set herein. The Planning Commission may also approve the joint use of a parking lot by two or more uses or contiguous parcels as long as the Commission is satisfied that the total number of spaces is adequate as computed above.
H. 
Off-street loading requirements.
(1) 
All loading and unloading shall take place on the lot of the principal use.
(2) 
The following off-street loading requirements shall be met:
Building Floor Area
(square feet)
Loading Space Required
For uses where merchandising or storage is to be carried on
Less than 20,000
1
20,000 to 59,999
2
Each 50,000 over 60,000
1 additional
All other uses
As deemed necessary by the Planning Commission
I. 
Site plan approval. In approving the site plan as provided in § 575-56 hereof, the Planning Commission shall make every effort to achieve continuity of retail frontage and the highest achievable quality of design of any open spaces.
[1]
Editor's Note: See also Art. III, Supplementary District Regulations.
[Amended 7-14-1986; 7-26-1993; 11-29-1994; 9-26-1995]
A. 
Permitted uses. No building or premises shall be used, and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following:
(1) 
Retail stores, including photocopying services.
(2) 
Banks, including drive-in windows.
(3) 
Restaurants; restaurants, fast-food, drive-through.
[Amended 9-10-2012 by L.L. No. 12-2012]
(4) 
Beauty parlors, barbershops, tailors, nail shops.
(5) 
Taxi service headquarters or dispatch office, provided that no vehicle repair maintenance or servicing is performed on site.
(6) 
Business, professional or governmental offices and schools.
(7) 
Funeral parlors.
(8) 
Dance studios, martial arts studios.
(9) 
Household appliance repair for appliances normal and incidental to residential uses.
(10) 
Dry-cleaning store solely for pickup and delivery and provided that no dry cleaning may be performed on the property.
(11) 
Museums.
(12) 
Libraries.
(13) 
Business schools.
(14) 
Up to two artist lofts in one building subject to the development standards for artist lofts outlined in § 575-34B(2)(j).
[Added 5-26-2015 by L.L. No. 4-2015]
(15) 
Art galleries.
[Added 2-22-2021 by L.L. No. 1-2021]
(16) 
Entertainment venue. Defined as a business enterprise which provides or permits any musical entertainment, singing, dancing, or other forms of amusement in connection with the service of food or beverages, but not including a restaurant, bar or cafe. See standards set forth in Chapter § 278, Fire Safety and Property Maintenance, for operating permits.
[Added 10-15-2024 by L.L. No. 2-2024]
B. 
Special permit uses and performance standards.
(1) 
Uses subject to issuance of a special permit. The following uses are permitted pursuant to performance standards enumerated in § 575-34B(2), and subject to the issuance of a special permit by the Director of Planning upon authorization of the Common Council or, where indicated, by the Planning Commission, in accordance with the provisions of § 575-57 herein and subsequent approval by the Planning Commission of a site plan in accordance with § 575-56 herein:
[Amended 5-8-2000; 7-19-2010 by L.L. No. 7-2010]
(a) 
Car wash.
(b) 
Day-care centers and school-age child care as a principal use, subject to the following conditions:
[1] 
Buffering five feet in width and a six-foot-high opaque fence with the finished side facing out shall be required between all play areas and all lot lines, subject to Planning Commission full or partial waiver of this requirement.
(c) 
Warehouse and distribution activities, but excluding secondhand lumber and junkyards, automobile dismantling plants or storage of used parts of automobiles or other machines or vehicles or of dismantled or junked automobiles.
(d) 
Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing or storage of products or materials, regardless of where offered for sale, provided that only oil, gas or electricity is used as fuel.
(e) 
Printing businesses, regardless of where product is offered for sale.
(f) 
Auto repair facilities for minor repairs in conformance with § 575-10, but excluding auto sales, auto repair facilities for major repairs and auto body and paint shops.
(g) 
Health clubs.
(h) 
Theaters subject to submission of a management plan detailing hours of operation, staffing and security for review and approval by the Commissioner of Public Safety.
(i) 
Construction businesses which require the storage of heavy equipment such as backhoes, front-end loaders or outdoor storage of heavy motor vehicles as defined in these regulations.
(j) 
Laundromats, both coin-operated and drop-off laundry services, provided that an attendant is present during the hours of operation, excluding dry-cleaning services or any process utilizing chemical treatment of clothing.
(k) 
Restaurants with a designed seating capacity of more than 200 patrons are permitted pursuant to performance standards enumerated in § 575-34B(2), and subject to the issuance of a special permit by the Director of Planning upon authorization of the Planning Commission.
(l) 
An amusement center and/or children’s amusement centers, subject to submission of a management plan detailing hours of operation, staffing and security for review and approval in addition to the performance standards set forth below in Subsection B(2)(h).
[Amended 5-29-2012]
(m) 
When an action will result in one building containing three or more artist lofts, pursuant to the performance standards enumerated in § 575-34B(2)(j) and subject to the issuance of a special permit by the Director of Planning upon authorization of the Planning Commission.
[Added 10-14-2014 by L.L. No. 6-2014; amended 5-26-2015 by L.L. No. 4-2015]
(n) 
Mixed-use residential buildings, so as to enhance investment and create redevelopment opportunities on larger lots with a minimum of 40,000 square feet located along North Division Street, pursuant to performance standards enumerated at § 575-34B(2)(i).
[Added 3-23-2023 by L.L. No. 2-2023; amended 9-11-2023 by L.L. No. 6-2023]
(o) 
Mixed-use residential buildings, so as to increase the range of housing available in and near the City's Downtown Business District and to support downtown businesses, on lots comprising a minimum of 10,000 square feet and fronting on South James Street, Brown Street, Park Street and South Broad Street, and within 150 feet of the C-2 District and 200 feet of the R-6 District (as measured from the center of the tax lot), pursuant to performance standards enumerated in § 575-34B(2)(i).
[Added 3-23-2023 by L.L. No. 2-2023; amended 9-11-2023 by L.L. No. 6-2023]
(2) 
Performance standards. In addition to bulk and area requirements provided in § 575-34F hereof, the following criteria shall apply to special permit uses. Wherever any provision of this section shall be inconsistent with § 575-34F, the following provisions of this § 575-34B(2) shall be controlling:
[Amended 5-8-2000; 4-22-2002; 5-13-2002 by L.L. No. 1-2002; 9-14-2009 by L.L. No. 15-2009; 7-11-2011 by L.L. No. 8-2011; 5-29-2012; 9-10-2012 by L.L. No. 12-2012; 10-14-2014 by L.L. No. 6-2014; 10-14-2014 by L.L. No. 7-2014; 5-26-2015 by L.L. No. 4-2015; 6-24-2019 by L.L. No. 3-2019; 9-27-2021 by L.L. No. 7-2021; 3-23-2023 by L.L. No. 2-2023; 9-11-2023 by L.L. No. 6-2023]
(a) 
A minimum lot size of 20,000 square feet shall be required for each special permit use, excluding laundromats regulated by Subsection B(2)(d) and (e) below; restaurants as described in § 575-34B(1)(k) and regulated by Subsection B(2)(f) below; day-care centers and school-age child-care facilities as principal uses and as regulated by § 575-34B(1)(b) above; amusement centers as regulated by Subsection B(2)(h) below; mixed-use residential buildings as regulated by Subsection B(2)(i) below; and artist lofts as regulated by § 575-34B(2)(j) below.
(b) 
For all special permit uses abutting any property containing a residential use, a minimum of twenty-five-foot rear yard and fifteen-foot side yards from each abutting residential property line shall be provided. The rear and side yards shall be kept free of structures other than fencing that may be used in screening the business from adjacent properties. Landscaping and screening shall be provided in accordance with § 575-13 of this chapter.
(c) 
Special permit uses requiring the use of tractor trailers for delivery of materials or equipment shall be limited to lots located on arterial streets as defined in § 278-3 of the City Code.
(d) 
Special permits for laundromats upon compliance with the following requirements:
[1] 
Minimum lot size of 7,000 square feet.
[2] 
The laundromat shall not exceed 1,000 square feet in aggregate floor area.
[3] 
No more than 20 washing machines and 10 dryers will be permitted as part of the operation.
[4] 
Laundromats shall not open before 7:00 a.m. nor close later than 10:00 p.m.
[5] 
On-site parking shall be provided at a ratio of not less than one space per 300 square feet of floor area.
[6] 
Provision shall be made for storage of recyclables within the principal building.
[7] 
Exhaust vents shall be directed away from residential properties and be architecturally treated to screen vents from residential properties and from the street.
(e) 
Special permits for laundromats, which are supervised by an attendant and provide both wash and fold service and self-service machines, upon compliance with the following requirements:
[1] 
Minimum lot size of 7,000 square feet.
[2] 
The laundromat shall not exceed 2,500 square feet in aggregate floor area.
[3] 
No more than 60 machines in any combination of washers or dryers shall be permitted as part of the operation.
[4] 
Laundromats shall not open before 7:00 a.m. nor close later than 10:00 p.m.
[5] 
On-site parking shall be provided at a ratio of not less than one space per 300 square feet of floor area.
[6] 
Provision shall be made for storage of recyclables within the principal building.
[7] 
Exhaust vents shall be directed away from residential properties and shall be architecturally treated to screen vents from residential properties and from the street.
(f) 
Special permits for restaurants with accessory outdoor dining may be granted for a period of one year upon compliance with the following conditions:
[1] 
All accessory outdoor dining shall be accessory to and used in conjunction with an enclosed restaurant located on the same parcel.
[2] 
Separation of adjacent properties and the public right-of-way, including sidewalks, from customers by landscaping, low walls or fencing.
[3] 
All tables, chairs or other seating and activities shall take place entirely on the subject parcel. The City right-of-way shall at all times remain clear of the accessory outdoor dining.
[4] 
Evening closing time shall be no later than 10:00 p.m. for the accessory outdoor dining service.
[5] 
The accessory outdoor dining area shall be kept free of debris and litter.
[6] 
No outdoor entertainment shall be allowed.
[7] 
Liquor may only be sold and consumed in conjunction with the sale of food.
(g) 
A special permit for a construction business requiring storage of heavy equipment shall provide a landscape treatment which adequately screens the subject equipment from adjoining properties and the City right-of-way and shall post a maintenance cash guarantee, letter of credit, or other form of liquid asset to the satisfaction of the Corporation Counsel and City Comptroller guaranteeing the upkeep of the site and landscaping in an amount as determined by the Director of Planning.
(h) 
Special permits for amusement centers may be granted for a period of two years upon compliance with the following conditions:
[1] 
Evening closing time shall be no later than 9:00 p.m. on weekday evenings, including Sunday, and 10:00 p.m. for Friday and Saturday nights.
[2] 
No outdoor music or entertainment shall be allowed.
[3] 
Maximum site-generated lighting shall not exceed 0.5 footcandle at any property line abutting a residential district, and the source of all outdoor lighting shall not be visible beyond the property line. All selected lighting fixtures shall direct light toward the ground. All lighting plans, interior and exterior, are subject to the approval of the Director of Planning or designee.
[4] 
On-site parking shall be provided as a sum total of all uses on the property as regulated by Subsection H(1) and (2) below.
[5] 
No liquor or cigarettes are to be sold or consumed within the facility.
[6] 
In areas adjacent to residential districts, a visual and noise buffering shall be provided to the satisfaction of the Planning Commission. Such buffering shall include a minimum of twenty-foot-wide perimeter vegetative buffering, fencing, earthen berm, other materials or some combination thereof, as determined necessary by the Planning Commission to mitigate off-site impacts associated with the subject use.
[7] 
The applicant shall prepare a traffic impact study, which shall include proposals for any necessary mitigation measures to be undertaken by the applicant to the satisfaction of the Planning Commission.
[8] 
As a minimum, the applicant shall provide two security personnel at all times during the hours of operation. If the applicant proposes more than one primary access to the facility, an additional security officer will be required to monitor each access point. In addition, the applicant shall prepare and submit for review a security analysis, which shall include proposals for any mitigation measures to be undertaken by the applicant to the satisfaction of the Common Council.
(i) 
Special permits for mixed-use residential buildings, upon compliance with the following conditions:
[1] 
All mixed-use residential building development projects must provide certain amenities to the City of Peekskill, as outlined in § 575-34B(2)(i)[11].
[2] 
For all mixed-use residential buildings, the portion of the building used for residential purposes shall have an entrance that does not require access through the portion of the building used for nonresidential purposes, other than by means of a common lobby.
[3] 
Accessory uses for all mixed-use residential buildings. In addition to the accessory uses currently allowed in the C-3 District, accessory uses may also include laundromats and guest suites for the sole use of the residents of the mixed-use residential building.
[4] 
For all mixed-use residential buildings, only the following nonresidential uses are permitted:
[a] 
Retail stores (limited to the first and second floors);
[b] 
Computer, electronics, shoe and appliance repair shops (limited to the first and second floors);
[c] 
Restaurants, with or without accessory outdoor facilities (limited to first, second and rooftop floors);
[d] 
Tailors and dry-cleaning stores solely for pickup and delivery and provided that no dry cleaning may be performed on the property (limited to the first and second floors);
[e] 
Health clubs (limited to first, second and rooftop floors);
[f] 
Artist galleries, martial arts or dance studios used solely for commercial purposes (limited to the first and second floors);
[g] 
Museum, library or exhibit space (limited to the first and second floors);
[h] 
Day-care centers and school-age child care as a principal use (limited to the first and second floors) by special permit of the Common Council;
[i] 
A community center or public amenity as per § 575-34B(2)(i)[14][c][iii][D] herein.
[5] 
View preservation/design review. In considering the site plan for all mixed-use residential buildings, the Planning Commission must find that the proposed mixed-use residential building does not adversely affect the views from surrounding residential development, and is compatible with surrounding development on issues such as, but not limited to, architecture {see § 575-34B(2)(i)[11]}, facade treatment, wall openings, and landscaping. The Planning Commission must issue a finding that the development is compatible with these design guidelines for mixed-use developments in the C-3 District.
[6] 
Off-street loading. Provisions for off-street loading shall be provided as required by the Zoning Code. All loading berths shall be screened from streets and surrounding residential uses. Due to the potential for significant adverse effects on residential and other uses sharing the same lot, provisions for loading shall be given particular attention during the site plan review process. The Common Council will have the authority to waive any portion of the off-street loading requirement for developments applying for a mixed-use residential building special permit.
[7] 
Approval standards. All mixed-use development must be found consistent with the approval standards and objectives for site plans and special permits as outlined in §§ 575-56 and 575-57 of the City of Peekskill Zoning Code.
[a] 
Homeowners' association required, if applicable:
[i] 
Covenant and restriction. The applicant shall deliver to the City of Peekskill for its approval a covenant and restriction, in a form suitable for filing in the office of the Westchester County Clerk, prohibiting, in perpetuity, any land which is designated for common usable open space from being used for any other purpose. The applicant will pay the filing fee and present proof of the filing. Upon approval of the covenant and restriction the developer shall, forthwith, record same in the office of the Westchester County Clerk and, in any event, before the issuance of the first certificate of occupancy in the development.
[ii] 
Organization for common ownership required. The applicant shall establish a legally constituted condominium or homeowners' association for the ownership and maintenance of all common space and any streets not accepted for dedication by the City of Peekskill. This organization shall not be dissolved nor shall it dispose of any common usable open space, by sale or otherwise, except to another organization conceived and established to own and maintain the common usable open space and nondedicated streets.
[iii] 
Rules of organizations. Any homeowners' association established shall:
[A] 
Be established before a certificate of occupancy or temporary certificate of occupancy has been issued for any dwelling unit in the development.
[B] 
Make membership automatic and mandatory for each owner of a dwelling unit and any succeeding owner thereto, being accomplished by the purchase of a dwelling unit in the development.
[C] 
Guarantee access to all the common usable open space to all persons legally residing in the development and limit that access to the legal residents and their tenants and guests only. Every member of the association shall have a right and easement of enjoyment in and to the common usable open space.
[D] 
Be responsible for liability insurance, taxes and the maintenance of the common usable open space and undedicated streets. The certificate of incorporation shall contain provisions so that adequate funds will be available for maintenance.
[E] 
Require owners of dwelling units to pay their pro rata share of the costs listed above and provide that an assessment levied by the organization shall have the same force and effect as a debt or ground rent or lien against the real property.
[F] 
Be able to adjust the assessment to meet changing needs.
[iv] 
Common usable open space maintenance. The documents establishing or creating such organization shall provide a plan for the maintenance of all common usable open space and undedicated streets in the development. The City of Peekskill shall not be responsible for maintenance or enforcement of the site plan or association rules.
[v] 
The developer shall convey title to the common usable open space area to the aforesaid homeowners' association at such time as the aforesaid association is able to maintain the area or at such time as may be designated by the Planning Commission, which date shall be consonant with the policy expressed herein.
[8] 
Traffic and circulation. Provision must be made for vehicle entrances and exits to be laid out so as to minimize traffic hazards. The potential generation of traffic from the combined uses must be found to be within the capacity of the existing or planned streets providing access to the mixed-use residential building. Appropriate mitigation shall be required if a traffic study (done to the satisfaction of the City's Traffic Engineer) indicates that the project will result in a degradation in levels of service at nearby intersections or through streets. Furthermore, on sites larger than 20,000 square feet, a loading/unloading zone must be provided for a jitney vehicle. The Common Council has the authority to waive this requirement if it deems such a loading/unloading area to be infeasible for the site.
[9] 
Utilities. Sufficient capacity must exist to serve the proposed mixed-use facility for all water, sewer and other utility services. Appropriate mitigation and/or infrastructure upgrades shall be required if it is determined by the applicant's professional engineer (and confirmed by the City Engineer) that insufficient utility capacity exists for the project or if the condition of infrastructure adjacent to the site is not of a quality satisfactory to the City Engineer and the Department of Public Works. Additionally, CFC-based refrigerants are prohibited.
[10] 
Common spaces. Provision must be made to adequately heat and cool common spaces, including but not limited to lobbies, hallways and elevators.
[11] 
Provision of amenities.
[a] 
The Common Council has determined that the promotion of exceptional architecture, facade revitalization and arts-related activity has historically resulted in positive benefits for downtown Peekskill. Therefore, any entity seeking a special permit under this chapter must contribute to the City's efforts to promote these activities. Ultimately, these contributions will promote the health, safety and welfare of the City of Peekskill and improve the value of the specific development and the downtown area as a whole.
[b] 
The Common Council must find that the following have been provided before issuing a special permit:
[i] 
Exceptional architecture is to be provided to the satisfaction of the Common Council pursuant to the design guidelines as specified in § 575-34B(2)(i)[5] for mixed-use development in the C-3 District.
[ii] 
At least three points must be earned under the bonus height provisions, as outlined in § 575-34B(2)(i)[14] below, in order to qualify for this special permit.
[iii] 
Recycling areas: Coordinate the size and functionality of the recycling areas with the anticipated collection services for glass, plastic, office paper, newspaper, cardboard and organic wastes to maximize the effectiveness of the dedicated areas.
[12] 
For lots with a minimum of 40,000 square feet that are located along North Division Street:
[a] 
Maximum building coverage: 70%. If green space on the exterior of the building (roof, terraces, etc.) is provided to the satisfaction of the Common Council, then the maximum building coverage is 85%.
[b] 
Lot depth: No lot shall have an average depth of less than 150 feet.
[c] 
Setbacks:
[i] 
At street level: ten-foot maximum setback from the property line.
[ii] 
At 45 feet above street level (if bonus height is granted): five-foot minimum setback from the street-level setback line.
[iii] 
At 60 feet above street level (if bonus height is granted): ten-foot minimum setback from the street-level setback line.
[d] 
Maximum height: four stories or 45 feet, whichever is less. See § 575-34B(2)(i)[14][c] for bonus height provisions.
[e] 
Maximum floor area ratio: 5.0.
[f] 
The land area provided for each dwelling unit shall not be less than 350 square feet, and suitably improved and usable recreation area and/or open space shall be provided at the rate of 150 square feet per bedroom. Usable recreation area and open space may be provided in the following ways, including:
[i] 
Outdoor landscaped area;
[ii] 
Outdoor passive/active recreation area;
[iii] 
Rooftop passive/active recreation area;
[iv] 
Indoor community center with appropriate facilities;
[v] 
Combination of the above.
[g] 
Off-street parking. Except for residential units, for which 1.25 off-street parking spaces are required for each unit, off-street parking shall be provided as outlined in the City of Peekskill Zoning Code.
[h] 
Minimum residential dwelling unit floor area. Minimum floor area shall be 600 square feet for a studio, 750 square feet for a one-bedroom unit, 850 square feet for a two-bedroom unit, and 1,000 square feet for a three-bedroom unit. No more than 50% of the dwelling units in a mixed-use residential building are permitted to have a floor area less than 800 square feet.
[i] 
The special permit application must include an analysis of the project's compatibility with the surrounding neighborhood character, including density, height, and types of uses in the surrounding neighborhood, the project's distance from the downtown C-2 Zoning District, visual impacts and design characteristics of the project, and traffic and parking impacts. Issuance of a special permit and bonus height will be based upon a finding that the project is generally compatible with the surrounding neighborhood.
[13] 
For lots fronting on South James Street, Brown Street, Park Street and South Broad Street within 150 feet of the C-2 District and 200 feet of the R-6 District:
[a] 
The land area provided for each dwelling unit shall not be less than 525 square feet.
[b] 
For each dwelling unit, there shall be provided suitably improved and usable recreation area and/or open space in the following amounts: 200 square feet for each bedroom. Usable recreation area and open space may be provided in the following ways, including:
[i] 
Outdoor landscaped area;
[ii] 
Outdoor passive/active recreation area;
[iii] 
Rooftop passive/active recreation area;
[iv] 
Indoor community center with appropriate facilities;
[v] 
Combination of the above.
[c] 
For lots with a minimum of 20,000 square feet:
[i] 
Lot depth: No lot shall have an average depth of less than 100 feet.
[ii] 
Maximum building coverage: 90%.
[iii] 
Maximum height: five stories or 55 feet, whichever is less. Please see § 575-34B(2)(i)[14][a][1] for bonus height provisions for an increase in height of up to a maximum of nine stories or 103 feet.
[iv] 
Setbacks:
[A] 
At street level: ten-foot maximum setback from the property line, except for property lines facing Brown Street, where a minimum setback of 25 feet is required.
[B] 
At 35 feet above street level: sixty-foot minimum setback from property line.
[C] 
At 79 feet above street level: seventy-five-foot minimum setback from property line.
[v] 
Minimum residential dwelling unit floor area. Minimum floor area shall be 600 square feet for a studio, 750 square feet for a one-bedroom unit, 850 square feet for a two-bedroom unit, and 1,000 square feet for a three-bedroom unit. No more than 50% of the dwelling units in a mixed-use residential building are permitted to have a floor area less than 800 square feet.
[d] 
For lots between 10,000 square feet and 20,000 square feet in size:
[i] 
Maximum building coverage: 90%.
[ii] 
Maximum height: three stories or 35 feet, whichever is less. Please see § 575-34B(2)(i)[14][a][ii] for bonus height provisions for an increase of up to a maximum of five stories or 55 feet.
[iii] 
Setbacks:
[A] 
At street level: ten-foot maximum setback from the property line, except for property lines facing Brown Street, where a minimum setback of 25 feet is required.
[B] 
At 35 feet above street level: sixty-foot minimum setback from property line.
[iv] 
Minimum residential dwelling unit floor area. At least 80% of the dwelling units in a project must have a minimum floor area of 900 square feet for a one-bedroom unit, 1,200 square feet for a two-bedroom unit and 1,500 square feet for a three-bedroom unit. Up to 20% of the dwelling units in a project are permitted to be either studio or one-bedroom units with a minimum floor area of 700 square feet.
[e] 
Off-street parking. Except for residential units, for which 1.25 off-street parking spaces are required for each unit, off-street parking shall be provided as outlined in the City of Peekskill Zoning Code. In considering site plans, the Planning Commission may approve the joint use of spaces, as outlined in § 575-12B of the Zoning Code.
[14] 
Bonus height provisions.
[a] 
The Common Council has the authority to grant the following height bonuses for lots fronting on South James Street, Brown Street, Park Street and South Broad Street within 150 feet of the C-2 District and 200 feet of the R-6 District, up to the maximums outlined in § 575-34B(2)(i)[13][c][iii] and [d][ii] above:
[i] 
For lots greater than 20,000 square feet in size, bonuses are granted according to the following points-based {system please refer to the points menu in § 575-34B(2)(i)[14][b] for a list of qualifying items and their associated point values}:
[A] 
A mixed-use residential building must qualify for at least six points (two required points plus four bonus points) for a bonus of 12 feet in height.
[B] 
A mixed-use residential building must qualify for at least eight points (two required points plus six bonus points) for a bonus of 24 feet in height.
[C] 
A mixed-use residential building must qualify for at least 12 points (two required points plus 10 bonus points) for a bonus of 48 feet in height.
[ii] 
For lots between 10,000 square feet and 20,000 square feet, bonuses are granted according to the following points-based system {please refer to the points menu in § 575-34B(2)(i)[14][b] for a list of qualifying items and their associated point values}:
[A] 
A mixed-use residential building must qualify for at least six points (two required points plus four bonus points) for a bonus of 10 feet in height.
[B] 
A mixed-use residential building must qualify for at least eight points (two required points plus six bonus points) for a bonus of 20 feet in height.
[b] 
Bonus items and their associated point value, i.e., "points menu" for lots fronting on South James Street, Brown Street, Park Street and South Broad Street within 150 feet of the C-2 District and 200 feet of the R-6 District. Selected bonuses must be applied, installed or otherwise associated with the subject property. Bonuses are nontransferable.
[i] 
For a majority of the landscaping, use native vegetation that requires no irrigation: one point.
[ii] 
Build covered and secure bicycle storage facilities commensurate with anticipated demand, but for not less than 15% of projected building occupants: one point.
[iii] 
Provide parking located within 50 feet of the main building entrance for low-emitting and fuel-efficient vehicles for 5% of the total vehicle parking capacity of the site: one point.
[iv] 
Incorporate an amenity in your plans which is not listed here that is satisfactory to the Common Council: one point.
[v] 
Construct the majority of the parking required for the mixed-use residential building underground: two points.
[vi] 
Commission the building for energy efficiency under the NYSERDA New Construction Program: two points.
[vii] 
Commit to purchase 100% renewable energy for nontenant electricity needs (through vendors such as Accent Energy, Con Ed Solutions or NYSERDA, for example) for at least 30 years by including such language as a deed restriction: two points.
[viii] 
Contract with a business or businesses that have their primary location in the City of Peekskill for an amount of labor equivalent to 5% of the value of the entire project. Must be verifiable to the satisfaction of the Common Council: three points.
[ix] 
Install a high-efficiency combined heat and power generation system, a fuel cell, a geothermal heating and cooling system and/or any advanced HVAC system to the satisfaction of the City Engineer: three points.
[x] 
Daylight a buried stream to create a public plaza with a water feature to the satisfaction of the Common Council: three points.
[xi] 
Contract with a business or businesses that have their primary location in the City of Peekskill for an amount of labor equivalent to 10% of the value of the entire project (must be verifiable to the satisfaction of the Common Council): four points.
[xii] 
Install on-site renewable energy systems that provide for at least 10% of the building's projected year-round baseline electrical energy demand and are consistent with the design guidelines and height limitations described above: four points.
[xiii] 
Daylight 75% of interior spaces by following LEED Credit 8.1 as described in Version 2.2 of the LEED New Construction and Major Renovation Guide (text available in the City Planning Department): four points.
[xiv] 
Install on-site renewable energy systems that provide for at least 50% of the building's year-round baseline electrical energy demand and are consistent with the design guidelines and height limitations described above: six points.
[xv] 
Install on-site renewable energy systems that provide for at least 90% of the building's baseline HVAC demand and are consistent with the design guidelines and height limitations described above: six points.
[xvi] 
Contract with a business or businesses that have their primary location in the City of Peekskill for an amount of labor equivalent to 30% of the value of the entire project. Must be verifiable to the satisfaction of the Common Council: six points.
[xvii] 
Install a vegetated roof for at least 50% of the roof area: six points.
[xviii] 
Install on-site renewable energy systems that provide for at least 90% of the building's year-round baseline HVAC demand and 50% of the building's peak-load electrical energy demand and are consistent with the design guidelines and height limitations described above: 10 points.
[xix] 
Propose a groundbreaking development design that results in positive national news coverage for Peekskill and prove, to the satisfaction of the Common Council, that it will permanently increase tourism and/or business-related visits to Peekskill: 10 points.
[c] 
The Common Council has the authority to grant the following height bonuses for lots over 40,000 square feet that are located along North Division Street, if the Common Council finds that the special permit objectives in § 575-57 and the special permit condition in § 575-34B(2)(i) have been accomplished:
[i] 
A mixed-use residential building must qualify for at least six points (three required points plus three bonus points) to receive a bonus of 15 feet or one story in height. An additional 15 feet or one story in height can be granted by qualifying for an additional six bonus points.
[ii] 
Bonus items in § 575-34B(2)(i)[14][b] are not applicable for lots located along North Division Street.
[iii] 
Bonus items and points for lots over 40,000 square feet that are located along North Division Street:
[A] 
Six points: payment into a public/City infrastructure fund as specified in § 275-21 to be managed by the City Manager or his designee, to be used for municipal infrastructure improvements including but not limited to parking facilities, water and sewer, stormwater management, and flood control; or in the alternative, provision of public/City infrastructure for municipal purposes including but not limited to public parking facilities, water and sewer, stormwater management, and flood control, the cost of which to be commensurate in amount with the payment which would have been paid into the infrastructure fund as identified above; or in the alternative, the Common Council may accept any combination of payment or infrastructure commensurate in amount with the total infrastructure payment as specified in § 275-21, in exchange for granting bonus height.
[B] 
Six points: designate 15% of the units as affordable/workforce housing.
[C] 
Six points: provide and manage a publicly accessible community center or an innovative public amenity that is satisfactory to the Common Council.
[D] 
Three points: provide exceptional vegetation and landscaping on the property and vegetate 25% of the total roof area, while maintaining maximum building coverage at 70%.
[E] 
Three points: equipping 5% of the required number of parking spaces with electric vehicle charging stations, located within 50 feet of the main building entrance.
(j) 
Artist lofts.
[1] 
No artist loft may exist on the first floor of the structure in which it is located. This provision may be waived by the Planning Commission only if all of the following conditions are satisfied:
[a] 
The portion of the loft space primarily intended for residential use does not directly face the street.
[b] 
The appearance of the loft from the street shall be consistent with the character of the surrounding area.
[c] 
The entrance to the artist loft, including retail, studio and residential areas, is exclusive and shall not be shared with any other use in the building.
[2] 
Each artist loft shall be separated from other artist lofts or other uses within a particular building. Access to artist lofts may be provided from common access areas, halls or corridors.
[3] 
Each artist loft must be individually equipped with an enclosed bathroom containing a bathroom sink, water closet, shower and appropriate venting.
[4] 
Each artist loft must be individually equipped with a kitchen that contains a four-burner stove and oven, with a range hood vented to the exterior of the unit. Each unit must provide a minimum of five feet of countertop, a kitchen sink, and a minimum of 10 linear feet of storage cabinetry. Each unit must contain a garbage compactor and garbage disposal unit.
[5] 
Each artist loft must contain a livable floor area of no less than 800 square feet.
[6] 
No more than 49% of the livable floor area of the artist loft may be devoted to residential space. In no event may said residential area exceed 980 square feet.
[a] 
Direct access between living and working areas must be provided, and no separate access/egress to the residential area is permitted except for emergency access/egress.
[7] 
Sprinkler systems must be provided in all common hallways and areas of any building containing an artist loft if the loft contains only one legal means of egress. Hardwired smoke detectors with battery backups must be provided for all units.
[8] 
In order to ensure that the use is compatible with the other nearby uses, artist lofts shall not be used for storage of flammable liquids or hazardous materials; welding; or any open-flame work. Further, the creation of art shall be so conducted as not to cause noise, vibration, smoke, odors, humidity, heat, cold, glare, dust, dirt or electrical disturbance which is perceptible by the average person located within the first-floor space or any other commercial or residential unit within the structure or beyond any lot line.
[9] 
The artist loft must be occupied by at least one person who is certified as an artist by the City's Artist Certification Committee.
[10] 
The artwork that is to be created within the artist loft must be compatible with other uses which occur or are to occur within the building in which the artist loft is to be located.
[11] 
No more than two persons per bedroom may reside within an artist loft.
[12] 
Up to three nonresident employees may be employed within an artist loft. This requirement may be waived for artist lofts that occur on the first floor of a structure that provide retail space on that first floor.
[13] 
Other than in a first-floor retail-oriented area, articles offered for sale within an artist loft must include those produced by the artist occupying said artist loft and may be offered with other like items.
[14] 
Air conditioners, clotheslines and other objects or equipment shall be prohibited from projecting from any window that is visible from a public street.
[15] 
One flush-mounted, nonilluminated sign attached adjacent to or near the street entrance door to the artist loft may be used to identify the artist. This sign may list only the name of the artist with a one- or two-word description of the type of artwork or craft that is to be conducted within the artist loft. Where two or more artist lofts occur within the same building, the signs must be placed in an orderly fashion in relation to each other and must be part of a coherent directory in which signs are ordered in a horizontal fashion.
[16] 
Work space and accessory residential space shall not be rented separately or used by persons other than those people legally residing within the artist loft.
C. 
Accessory uses shall be the same as permitted and regulated in the C-1 District, § 575-32C.
[Amended 3-23-2023 by L.L. No. 2-2023]
D. 
All uses, whether principal uses, accessory uses or special permit uses, other than off-street parking and accessory outdoor dining facilities, shall be carried on in roofed buildings fully enclosed on all sides.
[Amended 5-8-2000; 3-23-2023 by L.L. No. 2-2023]
E. 
Uses prohibited. Any use which is noxious or offensive by reason of emission of odor, dust, noise, smoke, gas, fumes, radiation or which presents a hazard to public health or safety is prohibited.
[Amended 3-23-2023 by L.L. No. 2-2023]
F. 
Lot and building requirements shall be as follows, as specified in § 575-34B(2):
[Amended 3-23-2023 by L.L. No. 2-2023]
(1) 
Minimum lot area: 10,000 square feet.
(2) 
Minimum frontage: 100 feet.
(3) 
Minimum depth: 100 feet.
(4) 
Minimum yards.
(a) 
Front: 10 feet.
(b) 
No side or rear yard is required, but, if provided, such yard shall have a minimum dimension of not less than six feet, or 10 feet where the yard abuts a street. Where a rear or side yard abuts a residence district boundary, no building shall be erected within 30 feet of such boundary.
(5) 
Maximum coverage: 70%.
(6) 
Maximum floor area ratio: 1.4.
G. 
Location of accessory buildings on lot. Accessory buildings may be erected not closer than 10 feet to a rear property line, except that where such property line adjoins a residential district, such accessory buildings may be no closer than 30 feet.
[Amended 3-23-2023 by L.L. No. 2-2023]
H. 
Off-street parking.
[Amended 10-14-2014 by L.L. No. 6-2014; 3-23-2023 by L.L. No. 2-2023]
(1) 
Off-street parking requirements are the same as for the Shopping Center C-1 District plus:
Use
Parking Requirement
Wholesale and warehouse use
1 space per 500 square feet of gross floor area
Manufacturing
1 space per 300 square feet of gross floor area or 1 space per employee on the largest shift, whichever is larger
Automobile repair facilities for light vehicles, minor repairs
1 for each employee on the maximum shift, plus 3 for each service bay, plus 1 for each vehicle used in operation of the facility
Day-care center or school-age child care
As a principal use, 1 parking space per 10 children on the maximum shift plus 1 parking space per employee on the maximum shift; as an accessory use, 1 parking space per employee on the maximum shift
Museum
1 for each 1,000 square feet of gross floor area plus 1 per employee on the maximum shift
Libraries
1 for each 500 square feet of gross floor area plus 1 per employee on the maximum shift
School, business
1 for each 2 classroom seats plus 1 for each staff member on the maximum shift
Artist lofts
1.25 per artist loft
(2) 
Notes relating to waiver of part or all of the parking requirement and joint use of parking area (§ 575-33G) shall apply to the C-3 District.
I. 
Off-street loading. All loading and unloading shall take place on the lot, but not nearer than 50 feet to any residence district boundary. The requirements are the same as for the Shopping Center C-1 District.
[Amended 3-23-2023 by L.L. No. 2-2023]
[1]
Editor's Note: See also Art. III, Supplementary District Regulations.
[Amended 12-14-1987; 11-29-1994; 9-26-1995]
A. 
Permitted uses. No building or premises shall be used, and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following:
(1) 
Retail stores with a maximum of 8,000 square feet of selling area.
(2) 
Banks, including drive-in windows.
(3) 
Restaurants; restaurants, carry-out.
[Amended 9-10-2012 by L.L. No. 12-2012]
(4) 
Beauty parlors, barbershops, tailors and nail shops.
(5) 
Business, professional or governmental offices.
(6) 
Appliance repair and job printing.
(7) 
Residential development in accordance with the provisions of the R-3 Residence District.
(8) 
Dance studios, martial arts studios.
(9) 
Dry-cleaning stores, except that no dry cleaning may be performed on the property.
(10) 
Museums.
(11) 
Libraries.
(12) 
Business schools.
B. 
Uses subject to issuance of a special permit. The following uses are permitted subject to issuance of a special permit by the Director of Planning upon authorization by the Common Council in accordance with the provisions of § 575-57 herein and subsequent approval by the Planning Commission of a site plan in accordance with § 575-56 herein:
[Amended 5-29-2012]
(1) 
Funeral parlors.
(2) 
Day-care centers and school-age child care as a principal use, subject to the following conditions:
(a) 
Buffering five feet in width and a six-foot-high opaque fence with the finished side facing out shall be required between all play areas and all lot lines, subject to Planning Commission full or partial waiver of this requirement.
(3) 
Houses of worship, subject to the following standards in addition to those identified in §§ 575-56 and 575-57 of this chapter:
(a) 
Minimum dimensional standards for a house of worship shall be as follows: one acre minimum lot size; one-hundred-fifty-foot minimum lot width; 20% maximum building coverage; 60% maximum impervious coverage; and maximum building height of 35 feet, except that steeples, towers or chimneys may extend to a maximum of 50 feet, provided that such steeples, towers or chimneys do not constitute more than 25% of the total roof area(s).
(b) 
One parking space per four seats.
(c) 
Parking area to be buffered from all side and rear lot lines by a planted area a minimum of 10 feet in width; no parking is permitted in a required front yard.
(d) 
Building setbacks for all structures shall be a minimum of 50 feet from all front lot lines, 15 feet from all side lot lines and 30 feet from all rear lot lines, or 1/2 of the building height from each lot line, whichever is greater.
(e) 
Any facility with maximum capacity of 150 persons or more shall prepare a traffic impact analysis, which analysis shall include proposals for any necessary mitigation measures to be undertaken by the applicant, to the satisfaction of the Planning Commission.
(f) 
Maximum site-generated light shall not exceed 0.5 footcandle at the property line, and the source of all exterior lighting shall not be visible beyond the property line.
C. 
Accessory uses.
(1) 
Off-street parking and loading.
(2) 
Covered storage.
(3) 
Signs, in accordance with the City of Peekskill Sign Ordinance.[2]
[2]
Editor's Note: See Ch. 468, Signs.
(4) 
Day-care centers and school-age child care as an accessory use to principal office and industrial uses, subject to the following conditions:
(a) 
Where not more than 20% of the gross floor area is designated as a day-care center or school-age child care space and the developer of the space guarantees through the use of a deed restriction satisfactory to the City of Peekskill that such space shall remain a day-care center or school-age child care space for a period of not less than 20 years, the built space devoted to such use shall not be included in any coverage or floor area calculations.
(b) 
Buffering five feet in width and a six-foot-high opaque fence with the finished side facing out shall be required between all play areas and all lot lines, subject to Planning Commission full or partial waiver of this requirement.
D. 
All uses, whether principal uses or accessory uses, other than off-street parking, shall be carried on in roofed buildings fully enclosed on all sides.
E. 
Lot area and building requirements.
(1) 
Minimum lot area: 5,000 square feet.
(2) 
Minimum frontage on any street from which access is provided: 50 feet.
(3) 
Minimum depth at any point: 90 feet.
(4) 
Minimum front yard: 10 feet.
(5) 
Minimum side or rear yard along property line: 10 feet; minimum side or rear yard where property adjoins residence district: 20 feet.
(6) 
Maximum coverage of all buildings, principal and accessory: 80%.
(7) 
Maximum floor area ratio (FAR): 1.0.
F. 
Location of accessory buildings on lot. Accessory buildings may be erected not nearer than 10 feet to a rear property line, except that where such property line adjoins a residence district, such accessory building may be no closer than 30 feet.
G. 
Off-street parking.
(1) 
All parking and service areas shall be screened from the view of adjoining residential districts by an opaque fence or wall at least six feet but no more than 10 feet high or evergreen hedge of a height when planted of not less than six feet. Design and location of such screen shall be subject to the approval of the Planning Commission.
(2) 
Parking requirements shall be the same as in § 575-33G.
H. 
Off-street loading.
(1) 
All loading and unloading shall take place entirely on the lot of the principal use, but not nearer than 50 feet to any residence district boundary.
(2) 
Off-street loading requirements shall be the same as in § 575-33H.
[1]
Editor's Note: See also Art. III, Supplementary District Regulations.